Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Agenda 08-12-25
1.Call to Order 2.Invocation 3.Pledge of Allegiance 4.Roll Call 5.Agenda Approval 6.Legal A.Continued Policy Consideration on Public Comments 7.Informational Items and Disclosures by Board Members and CRA Staff: 8.Information Only A.Circuit Transit Inc. 5th Quarterly Report for Service Dated April 1, 2025 - June 30, 2025 B.Heart of Boynton Shops Project Update C.CRA Economic & Business Development Grant Program Update D.Neighborhood Officer Program 3rd Quarter Report for FY 2024-2025 (April 2025 - June 2025) E.Social Media & Print Marketing Update Community Redevelopment Agency Board Meeting Tuesday, August 12, 2025 - 6:00 PM City Hall Chambers, 100 E. Ocean Avenue and Online Meeting 561-737-3256 AGENDA REVISED 08/08/2025 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 F.Boynton Beach Night Market Recap 9.Announcements and Awards A.Rock the Plaza at Ocean Plaza on August 16, 2025 from 2:00 PM - 6:00 PM 10.Public Comments 11.Consent Agenda A.CRA Financial Report Period Ending July 31, 2025 B.Approval of the CRA Board Meeting Minutes for June 10, 2025 C.Approval of the CRA Board Meeting Minutes for July 8, 2025 D.Approval of the Second Waiver of Neighborhood Officer Program Office Construction Deadline located in the Heart of Boynton Shops at 137 NE 10th Avenue, Unit 108 E.Approval of Temporary Parking Use Agreement with The Journey Community Church, Inc. for the CRA owned property located at 1111 S. Federal Highway F.Approval of the Commercial Property Improvement Grant Program in the Amount of $56,500 to SFEB LLC d/b/a SoFresh located in Sunshine Square at 522 E. Woolbright Road G.Approval of the Commercial Rent Reimbursement Grant Program in the Amount of $24,000 to SFEB LLC d/b/a SoFresh located in Sunshine Square at 522 E. Woolbright Road 12.Pulled Consent Agenda Items 13.CRA Advisory Board A.Pending Assignments - Assignments from the CRA Board Assigned at the February 13, 2024 and the January 14, 2025 CRA Monthly Board Meetings B.Reports on Pending Assignments 14.Old Business A.Continued Discussion and Consideration of Budget Funding Towards the Neighborhood Officer Program ("NOP"), Code Enforcement, and/or Beautification Efforts in the CRA B.Continued Discussion and Consideration of Fiscal Year 2025-2026 Project Fund 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 Budget - REVISED 08/08/2025 C.Termination of the Commercial Rent Reimbursement Grant Balance to Dalo Restaurant LLC located at 1017 N. Federal Highway D.Discussion and Consideration of the Economic Development Grant Program Guidelines and Applications for Fiscal Year 2025-2026 E.Continued Discussion and Consideration of the Purchase of the Inn at Boynton located at 480 W. Boynton Beach Boulevard - REVISED 08/08/2025 F.Presentation Regarding the CRA Owned Property Located at 211 E. Ocean Avenue - TABLED 07/08/2025 G.Update on Recruitment of Executive Director Candidates by S. Renee Narloch & Associates 15.New Business A.Discussion and Consideration of the Request for Proposals for CRA Executive Director Services B.Discussion and Consideration of Marina Lease Agreements for Fiscal Years 2025- 2027 C.Discussion and Consideration of the Purchase of 670 Oak Street - REVISED 08/08/2025 D.Discussion and Consideration of the Future Use of 419 N. Seacrest Boulevard E.Discussion and Consideration of Planning for 2026 Legislative Session F.Consideration of Registration and Travel Expenses to Attend the Florida Redevelopment Association 2025 Annual Conference on October 14-17, 2025 in West Palm Beach, FL 16.Future Agenda Items A.Continued Discussion and Consideration of the Purchase of the 13 Parcel Assemblage located at 444 W. Boynton Beach Boulevard B.Discussion and Consideration of Redevelopment at 217 N. Seacrest Boulevard (USPS Site) C.Discussion and Consideration of Approval of Infill Housing RFP D.Discussion and Consideration of Amending the 2016 Community Redevelopment Plan E.Discussion and Consideration of the Andrews House Located at 306 SE 1st Avenue F.Discussion and Consideration of the Adoption of "Exhibit A" to the Interlocal Agreement between the Boynton Beach CRA and the City of Boynton Beach for Funding Construction and Professional Services 17.Adjournment NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CRA BOARD WITH RESPECT TO ANY MATTER 3 CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CRA SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CRA. PLEASE CONTACT THE CRA, (561) 737-3256, AT LEAST 48 HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CRA TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CRA'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CRA'S WEB SITE CAN BE OBTAINED FROM THE CRA OFFICE. 4 •Attachment I - Memorandum Regarding Public Comment •Attachment II - Public Comment Policy - Additional Three Minutes for New Business Items COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: August 12, 2025 LEGAL AGENDA ITEM 6.A SUBJECT: Continued Policy Consideration on Public Comments SUMMARY: Legal has been asked to provide an overview of public comment requirements under Florida Law. A memorandum from legal can be found at Attachment I. In summary, Section 286.0114 of the Florida Statutes requires the BBCRA Board to provide members of the public a reasonable opportunity to comment before the Board takes official action on any proposition before it, subject to express exceptions. This opportunity need not occur at the same meeting at which the Board takes the official action, provided it occurs during the decision-making process and within a reasonable timeframe prior to the official action. The opportunity for public comment is to be liberally construed. The Board may adopt rules or policies governing the manner and timing of public comment, including guidelines on the amount of time allotted to each individual, procedures for group representatives, and designated times for public comment. Such policies are considered consistent with Florida Statutes. At the July 8, 2025 Board Meeting, the Board requested to bring back two (2) options of the public comment policy in accordance with the discussion at the meeting (see Attachments II and III). FISCAL IMPACT: No Financial Impact CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach CRA Community Redevelopment Plan CRA BOARD OPTIONS: To be determined based on Board direction. ATTACHMENTS: Description 5 •Attachment III - Public Comment Policy - Three Minutes Total 6 Attorneys at Law llw-law.com JACKSONVILLE 245 Riverside Ave. Suite 510 Jacksonville, Florida 32202 T: 904.353.6410 F: 904.353.7619 ST. PETERSBURG 100 Second Ave., South Suite 501-S St. Petersburg, Florida 33701 T: 727.245.0820 F: 727.290.4057 TALLAHASSEE 106 East College Avenue Suite 1500 Tallahassee, Florida 32301 T: 850.222.5702 F: 850.224.9242 TAMPA 301 West Platt St. Suite A364 Tampa, Florida 33606 T: 813.775.2331 WEST PALM BEACH 360 South Rosemary Ave. Suite 1100 West Palm Beach, FL 33401 T: 561.640.0820 F: 561.640.8202 See Things Differently® Reply To: West Palm Beach MEMORANDUM TO: Boynton Beach Community Redevelopment Agency Board Members FROM: Kathryn Rossmell, Zoe Weiser-Dalton DATE: July 9, 2025 SUBJECT: Public Comment This memorandum outlines Florida’s legal requirements concerning public comment opportunities at Boynton Beach Community Redevelopment Agency (the “CRA”) Board meetings. Summary: The CRA Board (the “Board”) must provide members of the public with a reasonable opportunity to be heard on during the decision-making process on propositions before the Board, before taking final action.1 However, the Board may adopt appropriate rules and procedures to regulate the manner in which public comment is received and is not required to take public comment on ministerial acts or in certain other specified circumstances. I. Opportunity for Public Comment Under Section 286.0114 of the Florida Statutes, the Board is required provide members of the public a reasonable opportunity to comment before the Board takes “official action” on any “proposition.” The terms “official action” and “proposition” are not def ined by statute, but at least one court has opined that in this context, the term “proposition” generally refers to a proposal that the Board take certain 1 Fla. Stat. § 286.0114(2). 7 July 9, 2025 Page 2 4933-5891-1047, v. 1 action, usually involving voting on a motion.2 The following are examples propositions that commonly appear before the Board for which the Board would generally be required to provide an opportunity for public comment: (1) Entering into a contract or agreement; (2) Adopting of a memorandum of understanding; (3) Funding a project, program, or third -party; (4) Engaging in budgetary decisions; or (5) Adopting policies or procedures. The Board must offer the opportunity for public comment in all settings where official action is taken, regardless of formality.3 Such opportunity should be provided during the decision-making process, prior to final action, and within a timeframe reasonably close to the final action.4 However, “the opportunity to be heard need not occur at the same meeting at which the board or commission takes official action on the proposition if the opportunity occurs at a meeting that is during the decisionmaking process and is within reasonable proximity in time before the meeting at which the board or commission takes the official action.”5 The statute requiring public comment is to be “liberally construed,” and when in doubt as to whether public comment is required, it is advisable to “err on the side of allowing the public to do so.”6 However, the statute does set forth some exceptions to the general requirements concerning public comment. For example, the Board is not required to provide an opportunity for public comment when acting in response to time-sensitive emergencies when allowing public comment would cause unreasonable delay, when performing ministerial actions, or in meetings that are exempt from the Sunshine Law.7 Examples of Board actions which do not require public comment include: (1) Adopting or amending meeting minutes; (2) Making ceremonial proclamations; (3) Responding on an emergency basis to hurricane-related concerns.8 2 See Jenner v. The School Bd. of Lee Cnty., Fla., 2023 WL 11983958, at *2 (Fla. 20th Cir. Ct. July 14, 2023) (Trial Order) (stating that according to Robert's Rules of Order, a proposition is another word for motion , which was defined as “formal proposals by members, that the assembly take a certain action”); Informal Op. Att’y Gen. Fla. (April 29, 2014). 3 The opportunity for public comment must be available in all settings, from informal workshops to regularly scheduled public meetings. See Informal Op. Att’y Gen. Fla. (April 29, 2014). 4 Fla. Stat. § 286.0114(2). 5 Fla. Stat. § 286.0114 (2). 6 Informal Op. Att’y Gen. Fla. (April 29, 2014). 7 Fla. Stat. § 286.0114(3). 8 Fla. Stat. § 286.0114(3); Jenner v. The School Bd. of Lee Cnty., Fla., 2023 WL 11983958, at *2 (Fla. 20th Cir. Ct. July 14, 2023) (Trial Order). 8 July 9, 2025 Page 3 4933-5891-1047, v. 1 II. Orderly Conduct and Decorum During Public Comment The Board is permitted to maintain orderly conduct and proper decorum during public meetings, even during times the Board is providing an opportunity for public comment.9 As such, the Board may adopt rules or policies to govern the manner and timing of public comment.10 If the Board does so and complies with those rules or policies, it will be deemed to be acting in compliance with the law .11 These rules or policies may: (1) Limit the amount of time an individual may speak; (2) Designate specific portions of a meeting for public comment; (3) Establish procedures for allowing representatives of groups or factions on a proposition to address the board, rather than all members of such groups or factions, at meetings in which a large number of individuals wish to be heard; and (4) Establish procedures or forms for an individual to use in order to inform the Board of their desire to be heard, their position on the proposition, or the designation of a representative to speak on their behalf.12 Conclusion The public’s right to comment is a critical part of transparent governance. To comply with Section 286.0114 of the Florida Statutes, the Board must ensure that the public is given meaningful and timely opportunities to participate in the decision-making process, consistent with the parameters set forth above. 9 Fla. Stat. § 286.0114(2). 10Fla. Stat. § 286.0114(4). 11 Fla. Stat. § 286.0114(5); See also Larson v. Palm Beach County, No. 502016CA001706 (Fla. 15th Cir. Ct. September 26, 2019), per curiam affirmed, 311 So. 3d 853 (Fla. 4th DCA 2021). 12 Fla. Stat. § 286.0114(4). 9 Boynton Beach Community Redevelopment Agency Public Comment Policy 4914-5703-6375, v. 2 For any items that the CRA is required to hear public comment, it shall be the policy of the Boynton Beach CRA that: 1) All public comments for all items on the agenda, except items listed under “New Business” on the agenda, shall be heard at the beginning of the meeting under an agenda item titled “Public Comments.” 2) Under the agenda item titled “Public Comments,” each speaker will be given a total of three (3) minutes to comment on all items not listed under “New Business.” 3) The Board may vote, at any meeting, to allow public comment for any specified agenda item to occur at the time the item is presented to the Board. 4) All public comments for items listed under “New Business” on the agenda shall be heard at the time each item is presented to the Board. 5) When an item listed under “New Business” on the agenda is presented to the Board, each speaker will be given a total of three (3) minutes to comment on that specified item. 6) The Board retains the right to increase or reduce the number of minutes assigned to each speaker prior to the start of public comment, regardless of when in the meeting such public comment is to occur. 7) Each public speaker shall be given the same number of minutes unless it becomes necessary to terminate a speaker’s comments in order to maintain orderly conduct and proper decorum in the public meeting. 8) 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. 9) Prior to addressing the Board, speakers present at the meeting will go to the podium to make their comments and speakers participating virtually will unmute their device at the time requested. 10) Speakers may be asked to state their name address for the record. 11) Any person may provide written comment(s) to the Board prior to the Board meeting. 12) Nothing in this policy will interfere with the Board’s right to maintain orderly conduct and proper decorum in the public meeting, nor shall it confer a right to 10 Boynton Beach Community Redevelopment Agency Public Comment Policy 4914-5703-6375, v. 2 public comment on any items that are not otherwise required under the law to be the subject of public comment. Adopted this ____ day of ____________, 2025. 11 Boynton Beach Community Redevelopment Agency Public Comment Policy 4928-6678-1271, v. 2 For any items that the CRA is required to hear public comment, it shall be the policy of the Boynton Beach CRA that: 1) All public comments for all items shall be heard at the beginning of the meeting under an agenda item titled “Public Comments.” 2) The Board may vote, at any meeting, to allow public comment for any specified agenda item to occur at the time the item is presented to the Board. 3) Each speaker will be given a total of three (3) minutes to comment on all items on the agenda; however, the Board retains the right to increase or decrease the three-minute limit prior to the start of public comment. 4) Each public speaker shall be given the same number of minutes unless it becomes necessary to terminate a speaker’s comments in order to maintain orderly conduct and proper decorum in the public meeting. 5) 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. 6) Prior to addressing the Board, speakers present at the meeting will go to the podium to make their comments and speakers participating virtually will unmute their device at the time requested. 7) Speakers may be asked to state their name address for the record. 8) Any person may provide written comment(s) to the Board prior to the Board meeting. 9) Nothing in this policy will interfere with the Board’s right to maintain orderly conduct and proper decorum in the public meeting, nor shall it confer a right to public comment on any items that are not otherwise required under the law to be the subject of public comment. Adopted this ____ day of ____________, 2025. 12 •Attachment I - CRA/Circuit Executed Contract •Attachment II - Exhibit A: Scope of Work •Attachment III - Amendment No. 1 •Attachment IV - Quarter 5 Report COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: August 12, 2025 INFORMATION ONLY AGENDA ITEM 8.A SUBJECT: Circuit Transit Inc. 5th Quarterly Report for Service Dated April 1, 2025 - June 30, 2025 SUMMARY: On February 11, 2025, the CRA Board approved Amendment No. 1 with Circuit Transit Inc. for the CRA ride share program which provides all-electric on-demand transportation servic es (see Attachments I - III). The Scope of Work of the Agreement with Circuit Inc. is summarized below: on-demand ride share service with the exception of fixed routes for special events include the use of two GEM cars and two EV sedans provide service from 10 AM - 8 PM (Sunday-Thursday) and 10 AM - 10 PM (Friday and Saturday) report back to the Board quarterly once the contract begins Per the contract, Circuit is required to report back to the Board quarterly. This presentation will review the fourth quarter data for service between April 1, 2025 - June 30, 2025. A Circuit representative will be in an attendance to present the report (see Attachment IV). FISCAL IMPACT: FY 2024-2025 Budget, Project Fund, Line Item 02-58500-470, $400,000 for Circuit Contract CRA BOARD OPTIONS: No a ction is required at this time unless otherwise determined by the CRA Board. ATTACHMENTS: Description 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 4853-3349-4940, v. 6 EXHIBIT A: SCOPE OF WORK Section 1: Summary of Services Circuit shall develop, implement and manage a Micro-Transit “On Demand” service (the "Service”) within a geo-fenced coverage area described in Exhibit A-1. The Service will have the ability to be on demand and may include supplementary service for special events as specified in this Scope of Work. The Service will serve visitors, residents, and workers by providing a convenient, efficient mobility option to circulate primarily throughout the Boynton Beach CRA boundaries and provide transportation to Ocean Front Beach Park. The Service to the Beach shall be subject to CRA’s execution of an interlocal agreement with the City of Boynton Beach for the provision of services to Ocean Front Beach Park. The Service shall: A. Operate a 6-month on-demand pilot test in two zones (Zone 1 and Zone 2) covering approximately 1.6 square miles of coverage area as illustrated in Exhibit C (“Service Area”). Zone 1 is located within the boundaries of the CRA. Zone 2 provides service to Ocean Front Beach Park, which is located outside the boundaries of the CRA. B. Supplement any part of the service with a fixed route for special events and if deemed necessary through data and public needs. C. Demonstrate the ability to scale up and down the fleet of vehicles and deploy them to various locations based on monthly, weekly, daily, and hourly fluctuations in demand in order to achieve a desired level of service. D. Operate vehicles that meet the Federal Motor Vehicle Safety Standards and Regulations. E. Provide a safe and pleasing passenger experience with capable, qualified and courteous drivers. F. Feature a mobile application downloadable from both the Apple Store and Google Play Store which will have the ability to charge a fee for service via a secured credit card payment system. G. Provide a dedicated phone line so that users can call and request assistance. H. Service will be operational within 30 days of the effective date of this Agreement or upon the CRA’s execution of an interlocal agreement with the City of Boynton Beach for services, whichever is later. The date of operation may be extended by mutual agreement of the parties if necessary to accommodate installation of infrastructure as required by Section 4 this agreement. I. Service shall be periodically adjusted based upon needs identified during the term of the Agreement and the availability of funds. Section 2: Mobile Application Circuit shall provide a mobile application which provides for the following: A. Allows riders to request pick up and drop off locations within the Service Area. B. Allows the user to connect from Zone 1 and Zone 2. C. At no cost to the CRA, Circuit shall maintain updates to the application, which shall be compatible with smart phones and other mobile devices. D. Provides for the ability to charge a fee per rider and issue discounts via promo-codes. E. Provides users with approximate time until pick up. F. Allows users to rate drivers and provide feedback. G. Features a Google Maps based map (or equivalent) that identifies the boundaries of the Service Area. H. After a ride request has been accepted by a driver, depicts the real-time location of vehicles on a map of the Service Area. I. Ability to track party and usage data. 33 4853-3349-4940, v. 6 Section 3: Marketing and Branding A. In coordination with the CRA, Circuit shall develop and implement a branding strategy, which shall incorporate the logo and name of the CRA and the City of Boynton Beach. Circuit shall not implement any branding strategy without prior written approval from the CRA. Any changes to the branding strategy must be approved in writing by the CRA prior to implementation. B. Circuit shall develop and implement a marketing program to promote awareness of the program. The CRA shall have the right to request changes to the marketing program. C. The CRA retains the right to review marketing materials prior to use and to request changes or withdrawal of any marketing materials. Section 4: Vehicles and Infrastructure Circuit shall procure, license, operate and maintain vehicles and related infrastructure including charging stations used in the service in accordance with applicable laws and regulations with the following requirements. A. Fleet Size. Unless the parties agree otherwise, Circuit will acquire and operate at its own expense no fewer than two (2) GEM vehicles (inclusive of one (1) ADA accessible GEM vehicle) and two (2) EV Sedans as part of this Service. The parties agree that the hourly rate for the EV Sedans will be the same as the GEM vehicles for the Initial Term and Renewal Term of the Agreement. Circuit shall maintain and operate vehicles to satisfy the minimum levels of service and ADA accessibility requirements. B. Specifications. All vehicles will: i. Comply with all applicable laws and regulations. ii. Be fully electric. iii. Meet all safety standards established by applicable law or regulation. iv. Feature luggage carrying capacity. C. Branding. The branding strategy will be applied to all vehicles as follows: i. At all times during operation of any vehicles pursuant to this Agreement, Circuit may apply, but is not limited to, branding to all wheels, hoods, front panels, coping, roof and rear fenders, unless otherwise prohibited by the CRA. ii. Circuit shall develop a default vehicle wrap to be used when no paying advertiser has been identified for any vehicle or vehicles for a period of 7 days or longer unless otherwise approved by the CRA. iii. Exterior and interior advertising will not interfere with the placement or visibility of any branding required by this Agreement, unless otherwise approved by the CRA. D. Licensing. Circuit shall obtain and maintain proper licensing and registration of all vehicles at all times. E. Parking and charging stations. The CRA shall provide four (4) parking spaces that will be reserved exclusively for Circuit’s use, which Circuit may use for charging, parking, and storing the vehicles during times of non-operation. The location of the spaces will be as stated in the Interlocal agreement between the CRA and the City. Circuit shall be permitted to install Level 2 EV charging stations and signage at the three (3) of the reserved parking spaces. Circuit shall be solely responsible for the cost of signage, charging equipment, and electrical services required for charging vehicles. The CRA shall ensure that electrical service is available at the reserved spaces. Upon termination of the Agreement, Circuit shall restore the reserved parking spaces to their original condition. F. Maintenance and replacement. 34 4853-3349-4940, v. 6 i. At Circuit’s sole cost, Circuit shall maintain the interior and exterior of all vehicles in good working order, in accordance with all applicable laws and regulations. ii. Circuit shall ensure that all vehicles will be free of graffiti, vandalism, defacement and other damage to the satisfaction of the CRA. iii. Circuit shall replace any vehicle at its sole cost when the vehicle cannot be maintained in good working order, in accordance with applicable laws and regulations, or it is no longer able to be maintained in accordance with the requirements of this Agreement. iv. Circuit shall use its best efforts to restore or replace non -operational vehicles to operation within three (3) calendar days from the date of any incident requiring the vehicle to be removed from operation. Circuit shall provide verbal and written notice to the CRA of any delay in restoring or replacing a non-operational vehicle that extends beyond three (3) calendar days from the date of malfunction. If the CRA determines that any such delay is due to Circuit’s lack of diligence, the CRA will have the right to pursue any remedy provided for in this Agreement, or at law or equity. Section 5: Staffing A. General. Circuit shall provide sufficient staffing to maintain levels of service required by this Agreement. All persons providing services pursuant to this Agreement will be employees, contractors or consultants hired by the Circuit. Circuit is solely responsible for all staffing decisions made pursuant to this Contract. B. Drivers. Circuit shall obtain complete background checks on all drivers, including driving records, criminal checks and employment references, conduct initial drug testing, and provide a training program for newly hired drivers. Circuit shall not hire any convicted felon or any person who has been convicted or pled guilty to driving under the influence of drugs or alcohol as a misdemeanor in any state. Circuit shall not hire a driver with more than three (3) infractions relating to driving a motorized vehicle within the previous 24 months. Circuit to review each driver’s driving and criminal records at least annually. C. Circuit shall provide its employees with a living wage and tips. Section 6: Attaining and Maintaining Levels of Service (LOS) A. General. Circuit shall provide an LOS that meets customer demands at all times of Service operations. B. Service Level review. Circuit and the CRA shall meet at least quarterly to review LOS and determine if any adjustments are necessary. Any agreed upon adjustments will be made in writing. C. The CRA designates Timothy Tack as the Project Manager and will provide written notification to Circuit of any changes to the Project Manager. The Project Manager shall be Circuit’s principal point of contact regarding any matters relating to this Agreement. The Project Manager shall provide all general direction to Circuit regarding performance and provide guidance regarding the CRA’ s goals and policies. The Project Manager is authorized to waive or modify any material changes to this Scope of Work changes so long as the changes do not increase Compensation paid to Circuit. Except as provided herein, any modifications to the Scope of Services that increase the Compensation paid to Circuit must be agreed by the parties by written amendment to the Agreement. D. Circuit designates Jason Bagley as Circuit’s Representative for this Agreement. Circuit will provide written notice to the CRA should there be a subsequent Representative change. Circuit’s Representative has full right, power and authority to act for Circuit on all matters arising under or relating to this Agreement. E. Special events. CRA may request additional vehicles for special events. Such request shall be made at least thirty (30) days prior to the special event and may include a request the establishment 35 4853-3349-4940, v. 6 of a fixed route for existing vehicles and/or a request additional vehicles, subject to availability. For additional vehicles provided for special events, CRA agrees to pay the regular service hourly rate per vehicle of $34.97 plus the actual cost to transport the vehicle(s) to the requested location , which will be agreed to by the parties in writing, prior to transportation. Section 7. Trip Sharing A. Drivers shall be permitted to transport more than one (1) party but no more than five (5) parties in GEM vehicles and four (4) parties in the E-Sedan under the following conditions: i. The vehicle must be equipped with individual seatbelts for the driver and each rider. ii. All passengers must use seatbelts at all times. iii. The total number of passengers, including the driver does not exceed the vehicle’s legal capacity. Section 8: Operational Requirements A. Circuit and all its employees, officers, managers, staff, subcontractors and subconsultants shall comply with all applicable local, state and federal laws and regulations while performing work pursuant to this Agreement including but not limited to all laws and regulations regarding the safe operation of vehicles. B. Circuit shall prohibit drivers from texting or using smartphones, or other mobile device, eating, drinking, wearing headphones, and engaging in any activity that may cause the driver to become distracted while driving the vehicle. Parties acknowledge and agree that (i) drivers will only be permitted to wear Bluetooth enabled device or similar technology to provide service provided by this Contract in accordance with all laws governing such devices; and (ii) drivers may use smart phones mounted to the dashboard or windshield of the vehicles only in accordance with all laws governing such devices. C. Circuit must obtain all permits and approvals required in the ordinary course of business for the safe and legal operation of the Service, including without limitation, permits or approvals from the Florida Department of Highway Safety and Motor Vehicles, . Circuit is responsible for obtaining any permits and approvals required by the State of Florida for operation of the Service. D. Circuit to require all persons using the Service to comply with applicable local, state and federal laws and regulations relating to the use of seatbelts and alcohol consumption in vehicles. E. Circuit and its drivers are permitted to refuse service when, in the driver’s opinion, a passenger poses a threat to himself or herself, other passengers, the driver, the vehicle or other vehicles or persons. F. Circuit is permitted to establish reasonable restrictions on the provision of services to non-service animals. G. All Circuit drivers shall wear proper identification and a uniform. H. The CRA reserves the right to request immediate dismissal of any Circuit employees who fail to comply with the requirements of this Agreement. Relief personnel should be readily available during the term of this Agreement. Section 9: Operating Hours Each vehicle shall be available for an anticipated sixty (60) hours each week (“Vehicle Hours”) . The cost per vehicle shall be based on the rates described in the Pricing Schedule attached as Exhibit B. The Vehicle Hours shall occur within the following schedule: 36 4853-3349-4940, v. 6 Day Start time End time Mon 10:00 am 8:00 pm Tues 10:00 am 8:00 pm Weds 10:00 am 8:00 pm Thurs 10:00 am 8:00 pm Fri 10:00 am 10:00 pm Sat 10:00 am 10:00 pm Sun 10:00 am 8:00 pm CRA Project Manager shall have the discretion to reduce or increase the number of Vehicle Hours and/or determine the hours of operation based on level of demand as determined by monthly data collection and consideration of holidays or other special events so long as the total Vehicle Hours for each month does not exceed the CRA’s annual budget for the Service. Section 10: Levels of Service Reporting A. Circuit shall provide the CRA with monthly reports describing the level of service for each zone. Upon request, Circuit will provide the CRA with weekly level of service reports for each zone. B. Monthly data reports shall include: i. Number of parties on a daily, weekly and monthly basis ii. Number of paying customers iii. Gross/Net revenue collected for fare revenue credits which distinguishes between fare revenue collected for Zone 1 trips and fare revenue collected for Zone 2 trips. iv. Number of vehicles not in operation on a daily, weekly and monthly basis v. Average wait time from request through the mobile app until arrival by assigned driver on a daily, weekly and monthly basis. vi. Average trip duration on a daily, weekly and monthly basis. vii. Pick-up and drop off location for each trip. viii. Average number of passengers per party per trip. ix. Average number of parties per trip. x. Number of passenger complaints received and resolution of the complaints on a daily, weekly and monthly basis. C. Circuit shall present a report to the CRA Board on a quarterly basis summarizing the data provided in the monthly reports, the collected fare revenue, and the advertising revenue generated. D. In the event Circuit does not provide a required report(s), the CRA reserves the right to withhold payment until the required report is received. To the extent that the CRA requires additional information related to the above reporting requirement, Circuit shall provide the information to the CRA. Section 11: Advertisement Sales Circuit shall sell space on the exterior or interior of the vehicles for the display of commercial advertising. Net Advertising Revenue, defined below, that is generated by Circuit in connection with the sales of commercial advertising shall be divided equally between Circuit and the CRA. Net Advertising Revenue means the gross advertising revenue received less all costs and expenses, including, but not limited to 37 4853-3349-4940, v. 6 advertisement design, production costs, installation and removal costs and customary commissions paid to media sales representatives, incurred by Circuit in connection with providing the advertisement sales. Circuit shall provide an accounting of all advertising revenue with its Level of Service monthly report as required in Section 9, which shall include the gross revenue, costs and expenses Circuit shall provide to CRA a breakdown of the Net Advertising Revenue each month, which shall include the gross revenue plus costs and expenses incurred in connection with providing advertising sales Section 12. Advertising Guidelines A. In its agreements with its advertising contractors, Circuit shall reserve the right to reject any advertisement, commercial or noncommercial. B. Circuit shall determine the methods, details, and means for performing the Advertising Sales Services, subject to the CRA's consent which shall not be unreasonably withheld. C. All advertising and promotional materials, including, without limitation, any vehicle “wraps” (collectively “Advertising”) must conform to the following criteria: i. Defamatory Advertising. No Advertising will be permitted that falsely disparages any person, product, or company, or that is likely to damage the reputation of any person, product, or company. ii. Advertising Condoning Criminal Conduct. No Advertising will be permitted that is likely to incite or produce imminent unlawful activity. iii. Obscene Advertising. No Advertising shall display any statement, word, character, or illustration of an indecent or obscene nature, as defined by F.S. Chapter 847, as may be amended from time to time. iv. False Advertising. No Advertising shall displace false or misleading information, intended to mislead the public as to anything sold, any services to be performed or information disseminated. v. Tobacco, Firearms, and Cannabis. No Advertising shall display any statement that promotes the sale of tobacco or tobacco products, electronic cigarettes, firearms, or medical marijuana treatment centers or delivery devices in accordance with Florida law. vi. Existing Laws. All Advertising must conform to all applicable federal, state, and local statutes, laws, ordinances, rules and regulations. D. The CRA shall request removal of any advertising, commercial or noncommercial, that does not conform to this policy. Such demand will be in writing and will state reasonable grounds for the request. Circuit will consider and act promptly upon the request in accordance with this policy. Section 13: Ridership Fares A. Circuit shall collect ridership fares for the services, as follows: 38 4853-3349-4940, v. 6 i. For rides that begin and terminate within Zone 1: $1.00 for each rider. ii. For rides that begin or terminate in Zone 2: $2:00 for each rider. If the rider is part of a group, $2.00 for the initial rider and $1.00 for each additional rider within the group. B. Circuit shall credit the CRA’s monthly invoice for each Zone with 100% of the Net Fare Revenue, defined below, that is generated and collected from ridership fares. C. Net Fare Revenue means all gross ridership revenue that is collected from the passengers for the services less revenue collection costs and expenses, including but not limited to sales taxes or other taxes imposed by law, credit card processing fees and other billing related charging by third parties imposing similar processing charges. Circuit will be responsible for documenting all costs and expenses and related charges associated with the Net Fare Revenue calculations. 39 40 41 ATTACHMENT 1 AGREEMENT FOR ON-DEMAND TRANSPORTATION SERVICE by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY and CIRCUIT TRANSIT, INC. 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 City-Wide Micro-Transit Services 1 of 18 PROFESSIONAL SERVICES CONTRACT FOR OPERATION OF CITYWIDE MICRO-TRANSIT SERVICES THIS CONTRACT is being entered into this 1st day of July, 2023 (the “Effective Date”) by and between the City Of Hollywood (hereinafter the “City”), a municipal corporation of the State of Florida and Circuit Transit Inc. (hereinafter the “Company”), a corporation organized and existing under the laws of the State of Florida, having its principal office at 501 East Las Olas, Suite 300, Fort Lauderdale, Florida SECTION A – Contract Overview A-1 Summary of Contract (a)The subject matter of this Contract is to provide the vehicles, operate and manage a micro-transit service in the Service Area as defined in and Exhibits “A” (Scope of Work) and Exhibit “B” - RFP-045-23-SK- CITYWIDE MICRO-TRANSIT SERVICES, Exhibit “D” (Service Areas”), and Exhibit E, which sets forth the terms and conditions for the performance of services described herein, and the execution hereof by the parties hereto forms a legally binding contract. In the event of a conflict, the City’s RFP Documents shall prevail unless otherwise stated in this Contract. (b)The Contract type is: This is a Non-Exclusive Contract. (c)The following documents are hereby incorporated into this Contract: (i)Exhibit “A” – Statement of Work (ii)Exhibit “B” - RFP-045-23-SK - Citywide Micro-Transit Services (iii)Exhibit “C” - Company’s Proposal (iv)Exhibit “D” - Service Areas (v)Exhibit "E" - Pricing A-2 Contract Amount The Contract Amount shall not exceed $1,128,942.00 USD for the performance period. A-3 Performance Period (a)The performance period commences from Effective Date and continues for a period of 12 months. This Agreement may be renewed by the parties for three one-year periods upon mutual agreement of the parties and said renewal shall be in writing in accordance with Section D-13 of this Contract. SECTION B – Statement of Work B-1 Statement of Work (a)Services will be provided in accordance with the Statement of Work set forth in Exhibits “A” “B”, “C”, ”D” and “E”, SECTION C – Special Conditions C-1 Project Manager/Company Representative (a)The City designates Mark L. Johnson as the Project Manager for this Contract, who may be contacted at: mjohnson@hollywoodfl.org or (954) 921-3991 The City will provide written notice to the Company should there be a subsequent Project Manager change. The Project Manager will be the Company’s principal point of contact at the City regarding any matters relating to this Contract, will provide all general direction to the Company regarding Contract performance, and will provide guidance regarding the City’s goals and policies. The Project Manager is not authorized to waive or modify any material scope of work changes or terms of the Contract. (b)The Company designates Jason Bagley as the Company Representative for this Contract, who may be contacted at jason@ridecircuit.com The Company will provide written notice to the City should there be a subsequent Company EXHIBIT C: Piggybacked Agreement 62 City-Wide Micro-Transit Services 2 of 18 Representative change. The City has the right to assume that the Company Representative has full authority to act for the Company on all matters arising under or relating to this Contract. C-2 Pricing and Payment (a) Payment. Payment to the Company will be made only for the actual Services performed and accepted by the City, upon receipt of an invoice submitted in accordance with Section C-4, “Invoices”. (b) The City will pay the Company in accordance with the pricing set forth in Exhibit “E” – Pricing to this Contract. (a) Reimbursable Travel Expenses. There are no reimbursable travel expenses payable under this Contract. C-3 Pricing Revisions Costing adjustments shall be governed by Exhibit “B”, Section 1.70 and as set forth below: (a) For the term of this Contract, pricing may be revised for the reason(s) set forth below: ● Change in minimum wage ● Approved decision to add additional cars ● Approved decision to adjust the number of service hours ● Approved decision to add, adjust or modify additional services that increases costs for the Company (b) Each pricing revision permitted herein must be approved in writing by the Project Manager and, if approved, shall become effective thirty (30) days after notice of the change has been received by the City, or on such earlier or later date as may be agreed upon by the parties. However, any pricing changes will be governed by the City’s Purchasing Ordinance and dependent upon the revisions, City Commission approval may be required. (c) Any pricing revision permitted pursuant to this section may be delayed or denied if the Company fails to submit a timely request or fails to provide adequate documentation in support thereof. (d) Any approved pricing revision is not retroactive, and any invoice pending on the date of approval of the pricing revision shall be paid on the basis of the pricing in effect on the date services were provided. C-4 Invoices (a) The Company will submit a monthly detailed invoice to the City, in a format to be defined by the Project Manager as negotiated with Company. Each invoice shall contain the following information: (i) the date of the invoice and invoice number; (ii) the purchase order number; (iii) the Contract Item(s) according to Exhibit E – Pricing against which charges are made; and, (iv) performance dates covered by the invoice. (v) service credits offered from advertising dollars received by Company (vi) Net revenue credits received by the Company Upon reconciliation of all errors, corrections, credits, and disputes, payment to the Company will be made in full within 30 calendar days. Invoices received without a valid purchase order number will be returned unpaid. The Company shall submit the original invoice to: accountspayable@hollywoodfl.org or mail them to: City of Hollywood Accounts Payable, Room 119 P.O. Box 2229045 Hollywood, FL 33022-9045 (b) The Company shall forward a copy of the invoice to the Project Manager, with the following items: 63 City-Wide Micro-Transit Services 3 of 18 (i) receipts for any Reimbursable Travel Expenses, if applicable, associated with the invoice; and (ii) copy of the applicable Deliverable associated with the invoice C-5 Insurance (a) The Company shall procure and maintain, at its own expense, during the entire term of the Contract, the insurance coverages as identified in Exhibit “B”, Section 3.17: (b) The insurance policy shall not contain any exceptions that would exclude coverage for risks that can be directly or reasonably related to the scope of goods or services in this contract. A violation of this requirement at any time during the term, or any extension thereof shall be grounds for the immediate termination of any contract entered in to pursuant to this contract. The City must be provided a signed statement from insurance agency of record that the full policy contains no such exception. Submit certificates of insurance to: City of Hollywood Department of Development Services P.O. Box 2229045 Hollywood, FL 33022-9045 A certified, true and exact copy of each of the project specific insurance policies (including renewal policies) required under this Section C-5 shall be provided to the City if so requested. (c) The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer and licensed by the State of Florida and the company or companies must maintain a minimum rating of A-VII, as assigned by the A.M. Best Company. (d) If the Company fails to carry the required insurance, the City may (i) order the Company to stop further performance hereunder, declare the Company in breach, pursuant to Section C-6, terminate the Contract if the breach is not remedied and, if permitted, assess liquidated damages, or (ii) purchase replacement insurance and withhold the costs or premium payments made from the payments due to the Company or charge the replacement insurance costs back to the Company. (e) Any subcontractor or sub consultant approved by the City shall be required to procure, maintain and submit proof of insurance to the City of the same insurance requirements as specified above, and as required in this paragraph. (f) The Company is encouraged to purchase any additional insurance it deems necessary. (g) The Company is required to make its best efforts to remedy all injuries to persons and damage or loss to any property of the City caused in whole or in part by the Company, its subcontractors or anyone employed, directed or supervised by the Company. C-6 Warranty – Services The Company warrants that the services shall be performed in full conformity with this Contract and Exhibits “A” and “B”, with the professional skill and care that would be exercised by those who perform similar services in the commercial marketplace, and in accordance with accepted industry practice. In the event of a breach of this warranty, or in the event of non-performance or failure of the Company to perform the services in accordance with this Contract, the Company shall, at no cost to the City, re-perform or perform the services so that the services conform to the warranty. However, if Company fails to perform, City may terminate this Agreement with or without cause consistent with Exhibit “A”. 64 City-Wide Micro-Transit Services 4 of 18 SECTION D – General Conditions D-1 Legal Notice (a) All legal notices required pursuant to the terms and conditions of this Contract shall be in writing unless an emergency situation dictates otherwise. Any notice required to be given under the terms of this Contract shall be deemed to have been given when (i) received by the party to whom it is directed by hand delivery or personal service, (ii) transmitted by facsimile with confirmation of transmission, (iii) transmitted by email with confirmation of receipt by addressee, or (iv) sent by U.S. mail via certified mail-return receipt requested at the following addresses: FOR THE CITY: Project Manager City of Hollywood 2600 Hollywood Blvd., Rm. 308 Hollywood, FL 33020 WITH A COPY TO: City Attorney City of Hollywood 2600 Hollywood Blvd., Rm. 407 Hollywood, FL 33020 FOR THE COMPANY: James Mirras Circuit Transit Inc. 501 East Las Olas Suite 300 Fort Lauderdale, FL 33301 (b) The parties shall provide written notification of any change in the information stated above. (c) An original signed copy, via U. S. Mail, shall follow facsimile transmissions. (d) For purposes of this Contract, legal notice shall be required for all matters involving potential termination actions, litigation, indemnification, and unresolved disputes. This does not preclude legal notice for any other actions having a material impact on the Contract. (e) Routine correspondence should be directed to the Project Manager or the Company Representative, as appropriate. D-2 Notice of Delay (a) If timely performance by the Company is jeopardized by the non-availability of City provided personnel, data, or equipment, the Company shall notify the City immediately in writing of the facts and circumstances causing such delay. Upon receipt of this notification, the City will advise the Company in writing of the action which will be taken to remedy the situation. (b) The Company shall advise the City in writing of an impending failure to meet established milestones or delivery dates based on the Company’s failure to perform. Notice shall be provided as soon as the Company is aware of the situation; however, such notice shall not relieve the Company from any existing obligations regarding performance or delivery. D-3 Termination for Convenience The City shall have the right at any time to terminate further performance of this Contract, in whole or in part, for any reason whatsoever (including no reason) within 120-days notice and as more specifically set forth in Exhibit “B”. Such termination shall be effected by written notice from the City to the Company specifying the extent and effective date of the termination. On the effective date of the termination, the Company shall terminate all work and take all reasonable actions to mitigate expenses. The Company shall submit a written request for incurred costs for services performed through the date of termination and shall provide any substantiating documentation requested by the City. In the event of such termination, the 65 City-Wide Micro-Transit Services 5 of 18 City agrees to pay the Company within thirty (30) days after receipt of a correct, adequately documented written request. The City’s sole liability under this Section is for payment of costs for services requested by the City and actually performed by the Company. D-4 Event of Default (a) If, during the term of this Contract, the Company (i) fails to deliver services that comply with the specifications, (ii) fails to deliver the services within the time specified in in this Contract including Exhibit “A” (iii) fails to make progress so as to endanger the performance of this Contract, (iv) becomes insolvent, bankrupt or makes an assignment for the benefit of creditors, or if a receiver or trustee in bankruptcy is appointed for the Company, or if any proceeding in bankruptcy, receivership, or liquidation is instituted against the Company and is not dismissed within 30 days following commencement thereof, or (v) fails to perform any of the other obligation or requirement of this Contract, then any of the aforementioned failures shall constitute an “Event of Default” under this Contract. Events of Default shall also include those items set forth in Exhibit “B” specifically Section 1.63. (b) If there occurs an Event of Default, the Company shall be entitled to 10 calendar days from written notice thereof to remedy the Event of Default, provided, however, such is capable of being remedied within that period. If the Event of Default can be remedied, but the remedy cannot be completed within the ten-day period, the Company may be allowed such additional time as may be reasonably necessary to remedy the Event of Default, provided, however, the remedy is commenced within the 10 day period and is diligently pursued to completion. If the Event of Default is incapable of remediation, or is not remedied as required herein, the City may, in addition to any other remedies available in law or equity, invoke any of the remedies provided for under Section D-5, “Termination for Default”, below and as set forth in Exhibit “B” Section 1.64. D-5 Termination for Default (a) If the Event of Default is not remedied as required pursuant to Section D-4, “Event of Default”, the City may, by written notice to the Company pursuant to Section D-1, “Legal Notice”, terminate this Contract in whole or in part. (b) If this Contract is terminated in whole or in part because the Company has failed to provide services in compliance with the specifications by the deadline of remediation period, the City may acquire, under reasonable terms and in a manner it considers appropriate, replacement goods that are comparable to the services that the Company failed to deliver to the City, and the Company shall be liable to the City for any excess costs related thereto. If the City terminates this Contract only in part, the Company shall continue to perform the un-terminated obligations or portions of this Contract. (c) Force Majeure. This Contract shall be governed by the Force Majeure provision in Exhibit “B”, Section 7.34. (d) The City retains the right to terminate for default immediately if the Company fails to maintain the required levels of insurance, fails to comply with applicable local, state, and Federal statutes governing performance of these services, or fails to comply with statutes involving health or safety. D-6 Limitation of Funding Company acknowledges that the obligation of City to pay Company is limited to the availability of funds appropriated in a current fiscal year period, and continuation of Contract into a subsequent fiscal year is subject to the appropriation of funds, unless otherwise authorized by law. The City reserves the right to reduce estimated or actual quantities, in whatever amount necessary, without prejudice or liability to the City, if funding is not available or if legal restrictions are placed upon the expenditure of monies for the services required under this Contract. In the event of a decrease or limitation in funding the Company reserves the right to reduce service levels or suspend service as needed. D-7 Changes – Fixed-Price Goods or Services (a) The City may at any time, , and without notice to the sureties, if any, request changes within the general scope of this Contract in any one or more of the following: (i) Description of services to be performed or goods to be provided including types of vehicles and number of vehicles. (ii) Time of performance (i.e., hours of the day, days of the week, etc.). (iii) Place of performance of the services. 66 City-Wide Micro-Transit Services 6 of 18 (iv) Time or place of delivery of goods (b) Upon written mutual agreement, Company and the City will determine the appropriate adjustment(s) to the services. (c) Any change to the cost of services will be based upon the schedule in Exhibit E: Pricing as determined by types of vehicles, number of vehicles and operating hours. (d) The Company must assert its right to an adjustment under this clause within 30 days from the date of receipt of the written order; however, if the City decides that the facts justify, the City may receive and act upon a proposal submitted before final payment of the Contract. (e) If the mutually agreed adjustment includes the cost of property made obsolete or excess by the change, the City shall have the right to prescribe the manner of the disposition of the property. (f) The Company shall provide current, complete, and accurate documentation to the City in support of any request for equitable adjustment. Failure to provide adequate documentation, within a reasonable time after a request from the City, will be deemed a waiver of the Company’s right to dispute the equitable adjustment proposed by the City, where such equitable adjustment has a reasonable basis at the time it is determined by the City. D-8 Entire Contract, Section and Paragraph Headings (a) This Contract, including all Exhibits, represents the entire and integrated agreement between the City and the Company. It supersedes all prior and contemporaneous communications, representations, and agreements, whether oral or written, relating to the subject matter of this Contract. (b) The section and paragraph headings appearing in this Contract are inserted for the purpose of convenience and ready reference. They do not purport to define, limit or extend the scope or intent of the language of the sections and paragraphs to which they pertain. D-9 Severability The invalidity, illegality, or unenforceability of any provision of this Contract or the occurrence of any event rendering any portion or provision of this Contract void shall in no way affect the validity or enforceability of any other portion or provision of this Contract. Any void provision shall be deemed severed from this Contract, and the balance of this Contract shall be construed and enforced as if this Contract did not contain the particular portion or provision held to be void. The parties further agree to amend this Contract to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this clause shall not prevent this entire Contract from being void should a provision which is of the essence of this Contract be determined void. D-10 Waiver Waiver of any of the terms of this Contract shall not be valid unless it is in writing signed by each party. The failure of the City to enforce any of the provisions of this Contract, or to require performance of any of the provisions herein, shall not in any way be construed as a waiver of such provisions or to affect the validity of any part of this Contract, or to affect the right of the City to thereafter enforce each and every provision of this Contract. Waiver of any breach of this Contract shall not be held to be a waiver of any other or subsequent breach of this Contract. D-11 Modification/Amendment This Contract shall not be modified or amended except by the express written agreement of the parties, signed by a duly authorized representative for each party. Any other attempt to modify or amend this Contract shall be null and void and may not be relied upon by either party. D-12 Assignment Neither party may assign their rights nor delegate their duties under this Contract without the written consent of the other party. Such consent shall not be withheld unreasonably. Any assignment or delegation shall not relieve any party of its obligations under this Contract. D-13 Indemnification In addition to the insurance requirements set forth in Section C-5, “Insurance”, the Company shall protect, indemnify and hold harmless the City, its officers, employees, agents, and consultants (collectively herein the “City”) from any and all 67 City-Wide Micro-Transit Services 7 of 18 claims, liabilities, damages, losses, suits, actions, decrees, and judgments including, attorney's fees, court costs or other expenses of any and every kind or character (collectively herein the “Liabilities”) which may be recovered from or sought against the City, as a result of, by reason of, or as a consequence of, any intentional, wrongful or negligent act or omission, on the part of the Company, its officers, employees, or agents in the performance of the terms, conditions and covenants of the Contract, regardless of whether the Liabilities were caused in part by the City. This provision includes the indemnity requirements set forth in Exhibit “A”, Section 1.46. The provisions and obligations under this section shall survive the expiration or earlier termination of this Agreement. Nothing in this Contract shall be construed to affect in any way the City’s rights, privileges, and immunities under the doctrine of “sovereign immunity” and as set forth in Section 768.28, Florida Statutes. It is expressly agreed that the Company shall defend the City against the Liabilities and in the event that the Company fails to do so, the City shall have the right, but not the obligation, to defend the same and to charge all direct and incidental costs, including attorney’s fees and court costs, to the Company. D-14 Patent Indemnity The Company hereby indemnifies and shall defend and hold harmless the City and its representatives respectively from and against all claims, losses, costs, damages, and expenses, including attorney’s fees, incurred by City and its representatives, respectively, as a result of or in connection with any claims or actions based upon infringement or alleged infringement of any patent and arising out of the use of the equipment or materials furnished under the contract by the Company, or out of the processes or actions employed by, or on behalf of the Company in connection with the performance of the Contract. The Company shall, at its sole expense, promptly defend against any such claim or action unless directed otherwise by the City or its representative; provided that the City or its representatives shall have notified the Company upon becoming aware of such claims or actions and provided further that the Company’s aforementioned obligations shall not apply to equipment, materials, or processes furnished or specified by the City or its representatives. Said Patent Indemnity includes the provisions set forth in Exhibit “B”, Section 7.47, Patent and Copyright Indemnification. D-15 Audit of Records (a) In addition to the Audit requirements set forth below, the parties shall be governed by the Audit requirements set forth in Exhibit “B”, Section 7.28, Audit Rights. (b) The Company agrees to maintain the financial books and records (including supporting documentation) pertaining to the performance of this Contract according to standard accounting principles and procedures. The books and records shall be maintained for a period of three years after completion of this Contract, except that books and records which are the subject of an audit finding shall be retained for three years after such finding has been resolved. If the Company goes out of business, the Company shall forward the books and records to the City to be retained by the City for the period of time required herein. (c) The City or its designated representative(s) shall have the right to inspect and audit (including the right to copy and/or transcribe) the books and records of the Company pertaining to the performance of this Contract during normal business hours. The City will provide prior written notice to the Company of the audit and inspection. If the books and records are not located within Broward County, the Company agrees to deliver them to the City, or to an address designated by the City within Broward County. In lieu of such delivery, the Company may elect to reimburse the City for the cost of travel (including transportation, lodging, meals and other related expenses) to inspect and audit the books and records at the Company’s office. If the books and records provided to the City are incomplete, the Company agrees to remedy the deficiency after written notice thereof from the City, and to reimburse the City for any additional costs associated therewith including, without limitation, having to revisit the Company's office. The Company's failure to remedy the deficiency shall constitute a material breach of this Contract. The City shall be entitled to its costs and reasonable attorney fees in enforcing the provisions of this Section. (d) If at any time during the term of this Contract, or at any time after the expiration or termination of the Contract, the City or the City’s designated representative(s) find the dollar liability is less than payments made by the City to the Company, the Company agrees that the difference shall be either: (i) repaid immediately by the Company to the City or (ii) at the City’s option, credited against any future billings due the Company. D-16 Confidentiality – City Information (a) The parties acknowledge that this Contract is subject to Chapter 119, Florida Statutes, entitled the “Public Records Act”. 68 City-Wide Micro-Transit Services 8 of 18 (b) All information, including but not limited to, oral statements, computer files, databases, and other material or data supplied to the Company is confidential and privileged. The Company shall not disclose this information, nor allow to it be disclosed to any person or entity without the express prior written consent of the City. The Company shall have the right to use any such confidential information only for the purpose of providing the services under this Contract, unless the express prior, written consent of the City is obtained. Upon request by the City, the Company shall promptly return to the City all confidential information supplied by the City, together with all copies and extracts. (c) The confidentiality requirements shall not apply where (i) the information is, at the time of disclosure by the City, then in the public domain; (ii) the information is known to the Company prior to obtaining the same from the City; (iii) the information is obtained by the Company from a third party who did not receive the same directly or indirectly from the City; or (iv) the information is subpoenaed by court order or other legal process, but in such event, the Company shall notify the City. In such event the City, in its sole discretion, may seek to quash such demand. (d) The obligations of confidentiality shall survive the termination of this Contract. D-17 Marketing Restrictions The Company may not publish or sell any information from or about this Contract without the prior written consent of the City. This restriction does not apply to the use of the City’s name in a general list of customers, so long as the list does not represent an express or implied endorsement of the Company or its services. This restriction does not apply to general marketing of the services to promote and inform the public about the services. D-18 Taxes/Compliance with Laws (a) The Company, in the performance of the obligations of this Contract, shall comply with all applicable laws, rules and regulations of all governmental authorities having jurisdiction over the performance of this Contract including, but not limited to, the Federal Occupational Safety and Health Act. D-19 Licenses/Registrations During the entire performance period of this Contract, the Company shall maintain all federal, state, and local licenses, certifications and registrations applicable to the work performed under this Contract, including maintaining an active City of Hollywood business license if required. D-20 Non-Discrimination and Fair Employment Practices (a) Discrimination: The City of Hollywood is committed to promoting full and equal business opportunity for all persons doing business in Hollywood. The Company acknowledges that the City has an obligation to ensure that public funds are not used to subsidize private discrimination. Company recognizes that if the Company or their subcontractors or subconsultants are found guilty by an appropriate authority of refusing to hire or do business with an individual or company due to reasons of race, color, religion, sex, sexual orientation, gender identity or expression, age, disability, national origin, or any other legally protected status; City may declare the Company in breach of contract and terminate Contract. (b) Fair Employment Practices: In connection with the performance of work under this Contract, the Company agrees not to discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, sexual orientation, gender identity or expression, age, disability, national origin, or any other legally protected status. Such agreement shall include, but not be limited to, the following: employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. (c) The Company further agrees to insert this provision in all subcontracts hereunder. Any violation of such provision by a Company shall constitute a material breach of this Contract. D-21 Employment of Unauthorized Aliens In accordance with the Immigration Reform and Control Act of 1986, the Company agrees that it will not employ unauthorized aliens in the performance of this Contract. D-22 Conforming Services 69 City-Wide Micro-Transit Services 9 of 18 The services performed under this Contract shall conform in all respects with the requirements set forth in this Contract. The Company shall furnish the City with sufficient data and information needed to determine if the services performed conform to all the requirements of this Contract. D-23 Independent Contractor In the performance of services under this Contract, the Company and any other person employed by it shall be deemed to be an independent contractor and not an agent or employee of the City. The Company shall be liable for the actions of any person, organization or corporation with which it subcontracts to fulfill this Contract. The City shall hold the Company as the sole responsible party for the performance of this Contract. The Company shall maintain complete control over its employees and all of its subcontractors. Nothing contained in this contract or any subcontract awarded by the Company shall create a partnership, joint venture or agency with the City. Neither party shall have the right to obligate or bind the other party in any manner to any third party. D-24 Official, Agent and Employees of the City Not Personally Liable It is agreed by and between the parties of this Contract, that in no event shall any official, officer, employee, or agent of the City in any way be personally liable or responsible for any covenant or agreement therein contained whether expressed or implied, nor for any statement, representation or warranty made herein or in any connection with this Contract. D-25 Public Records The City is a public agency as defined by state law and is governed by Chapter 119, Florida Statutes, “Public Records Act”. The City’s Records are public records, which are subject to inspection and copying by any person (unless declared by law to be confidential). The following provisions are required by Section 119.0701, Florida Statutes, and may not be amended. Company shall comply with the public records law. Company shall keep and maintain public records required by the City in the performance of services under this Contract. Upon request from City’s custodian of records, Company shall provide City with a copy of any requested public records or to allow the requested public 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. Company shall 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’s term and following completion of the Contract if Company does not transfer the public records to City. Upon completion of the Contract, Company shall transfer, at no cost, to City, all public records in its possession or keep and maintain public records required by City to perform the services required under this Contract. If Company transfers all of the public records to City upon completion of the Contract, Company shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Company keeps and maintains public records upon completion of the Contract, Company shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the city’s custodian of public records, in a format that is compatible with the information technology systems of the City. IF A PARTY TO THIS CONTRACT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO ITS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT PATRICIA A. CERNY, CITY CLERK CUSTODIAN OF PUBLIC RECORDS AT (954) 921-3211, PCERNY@HOLLYWOODFL.ORG, 2600 HOLLYWOOD BLVD., HOLLYWOOD, FLORIDA 33020 AND STEVE STUART DIRECTOR OF PROCUREMENT AT (954) 921-3628 SSTEWART@HOLLYWOODFL.ORG. D-26 Use By Other Government Entities A governing body or its authorized representative and the State of Florida may join or use the contracts of local governments located within or outside this State with the authorization of the contracting vendor. It is understood and agreed by Company and the City that any governmental entity may purchase the services specified herein in accordance with the prices, terms, and conditions of this Agreement. It is also understood and agreed that each local entity will establish its own contract with Company, be invoiced therefrom and make its own payments to Company in accordance with the terms of the contract established between the new governmental entity and Company. In the event the Company allows another governmental entity to join the Contract, it is expressly understood that the City shall in no way be liable for the obligations of the joining governmental entity. 70 City-Wide Micro-Transit Services 10 of 18 D-27 Governing Law This Contract, including appendices and Exhibits, and all matters relating to this Contract (whether in contract, statute, tort (such as negligence or otherwise), shall be governed by, and construed in accordance with, the laws of the State of Florida. This shall apply notwithstanding such factors which include, but are not limited to, the place where the contract is entered into, the place where the accident occurs and notwithstanding application of conflicts of law principles. The parties waive the privilege of venue and agree that all litigation between them in the state courts shall take place Broward County, Florida and that all litigation between them in the federal courts shall take place in the Southern District of Florida. D-28 Counterpart Signatures This Contract may be executed in counterparts. All such counterparts will constitute the same contract and the signature of any party to any counterpart will be deemed a signature to, and may be appended to, any other counterpart. Executed copies hereof may be delivered by facsimile or e-mail and upon receipt will be deemed originals and binding upon the parties hereto, regardless of whether originals are delivered thereafter. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their duly authorized representatives. CITY OF HOLLYWOOD COMPANY Name, Title Name, Title Date ATTEST: Date APPROVED AS TO FORM: Name, Title Date 71 City-Wide Micro-Transit Services 11 of 18 EXHIBIT A – STATEMENT OF WORK Company to develop, implement and manage a Micro-Transit “On Demand” service (the "Service”) in the areas identified in Exhibit D The Service will have the ability to be on demand and include smart stops as specified in this Statement of Work The Service will serve visitors, residents, and workers by providing a convenient, efficient mobility option to circulate throughout downtown Hollywood, the Beach, and portions of West Hollywood. The Service shall: ● Operate in two micro-transit zones (MTZ-1/MTZ-2), covering approximate 4.6 square miles of coverage area, and provide on-demand service as illustrated in Exhibit D. ● Operate a 6-month on-demand pilot test (MTZ-3), covering approximately 1.97 square miles of coverage area as illustrated in Exhibit D. ● Operate a Pilot Fixed Route service between designated pick-up locations within Hollywood West and designated Beach/Downtown locations using a E-van from MTZ-1 as illustrated in Exhibit D ● Ability to supplement any part of the service with a fixed route if deemed necessary through data and public needs. ● Hours of operation and headways are to be initially proposed by Company until the level of demand is identified after a few months of operation and data collection. ● Demonstrate the ability to scale up and down the fleet of vehicles and deploy them to various locations based on monthly, weekly, daily, and hourly fluctuations in demand in order to achieve a desired level of service. ● Operate vehicles that meet the Federal Motor Vehicle Safety Standards and Regulations. ● Provide a safe and pleasing passenger experience with capable, qualified and courteous drivers. ● Feature a mobile application downloadable from both the Apple Store and Google Play Store with which will have the ability to charge a fee for service via a secured credit card payment system. ● Feature a mobile application where the user will be able to locate his or her position and contact the next approaching vehicle with approximate wait times. ● Provide a dedicated phone line so that users can call and request assistance. ● System will be operational within 45 days from Notice to Proceed to include vehicle procurement, financial operating plan, sufficient liability coverage and mobile application. Service will be adjusted based upon needs identified from six months of data and the availability of funds. Once six months of data is received and analyzed per Data Reporting requirements in Section 1.9, b. the City and Company shall meet and negotiate terms for the year two renewal period. Ridership, service levels, service area, number of vehicles, ad revenue, fare revenue and overall contract performance will be determining factors in determining if service will remain the same or expand based on ridership demand. 1.1 Mobile Application a. Company to provide a mobile application which allows riders to request pick up and drop off locations. b. Ability to allow the user to connect from one mirco-transit zone to another (MTZ-2 and MTZ-3 will be combined into a single zone for the purpose of the pilot test) c. At no cost to the City, maintain updates to the application and be compatible to smart phones and other mobile devices. d. Provide ability to charge a fee per rider and issue discounts via promo-codes. e. Provide users with approximate time until pick up. f. Allow users to rate drivers and provide feedback. g. Feature a Google Maps based map (or equivalent) that identifies the boundaries of each Service Area. h. After a ride request has been accepted by a driver, depict the real-time location of vehicles on a map of the appropriate Service Area. i. Ability to track party and usage data. 1.2 Marketing and Branding a. In coordination with the City of Hollywood, the Company will develop and implement a branding strategy. Company will not implement any branding strategy without prior written approval from the City. Any changes to the branding strategy must be approved in writing by the City prior to implementation. b. Company to develop and implement a marketing program to promote awareness of the program. The City will have the right to request changes to the marketing program. 72 City-Wide Micro-Transit Services 12 of 18 c. The City retains the right to review marketing materials prior to use and request changes or withdrawal of any marketing materials. 1.3 Vehicles and Infrastructure a. Company to procure, store, license, operate and maintain vehicles and related infrastructure including charging stations used in the service in accordance with applicable laws and regulations with the following requirements. i. Fleet Size. Unless the parties agree otherwise, Company will acquire and operate at its own expense no fewer than 8 GEM vehicles (includes one ADA accessible GEM on standby), 2 EV Vans (1 ADA Accessible), and 1 EV Sedan as part of this Service. Company to maintain and operate vehicles to satisfy the minimum levels of service and ADA accessibility requirements. b. Specifications. All vehicles will: i. Comply with all applicable laws and regulations. ii. Be fully electric. iii. Meet all safety standards established by applicable law or regulation. iv. Feature luggage carrying capacity. c. Branding. The branding strategy will be applied to all vehicles as follows: i. At all times during operation of any vehicles pursuant to this Contract, Company may include but is not limited to branding to all wheels, hoods, front panels, coping, roof and rear fenders unless otherwise approved by the City. ii. Company to develop a default vehicle wrap to be used when no paying advertiser has been identified for any vehicle or vehicles for a period of 7 days or longer unless otherwise approved by the City. iii. Exterior and interior advertising will not interfere with the placement or visibility of any branding required by this Contract, unless otherwise approved by the City. d. Licensing. Company to obtain and maintain proper licensing and registration of all vehicles at all times. e. Charging. The City will make available to the Company, City owned charging stations for vehicles although the City cannot ensure the availability of charging stations to service all vehicles in the fleet to satisfy the levels of service required by this Contract. Company to ensure charging stations are available to adequately service all vehicles in the fleet to satisfy the levels of service required by this Contract. f. Storing. The City will provide parking and operation space in a City-owned parking facility. Company will be responsible for storing and securing vehicles during times of non-operation. g. Maintenance and replacement. At Company’s sole cost, Company to maintain the interior and exterior of all vehicles in good working order, in accordance with all applicable laws and regulations. Vehicles to be free of graffiti, vandalism, defacement and other damage to the satisfaction of the City. Company will replace any vehicle at its sole cost when the vehicle cannot be maintained in good working order, in accordance with applicable laws and regulations or it is no longer able to be maintained in accordance with the requirements of this Contract. Company to use its best efforts to restore non-operational vehicles to operation within 10 business days from the date of any incident requiring the vehicle to be removed from operation. Company to provide verbal and written notice of the City of any delay in restoring a non- operational vehicle that extends beyond ten (10) business days from the date of malfunction. If the city determines that any such delay is due to Company’s lack of diligence the City will have the right to pursue any remedy provided for in this Contract or at law or equity. 1.4 Staffing a. General. Company to provide sufficient staffing to maintain levels of service required by this Contract. All persons provide services pursuant to this Contract will be employees, contractors or consultants hired by the Company. Company is solely responsible for all staffing decisions made pursuant to this Contract. b. Drivers. Company to obtain complete background checks on all drivers, including driving records, criminal checks and employment references, conduct initial drug testing, and provide a training program for newly hired drivers. Company will not hire any convicted felon or any person who has been convicted or pled guilty to driving under the influence of drugs or alcohol as a misdemeanor in any state. Company will not hire a driver with more than three (3) infractions relating to driving a motorized vehicle within the previous 24 months. Company to review each driver’s driving and criminal records at least annually. c. Company to provide Living Wage and tips. 1.5 Attaining and Maintaining Levels of Service (LOS) a. General. Company to provide an LOS that meets customer demands at all times of Service operations. 73 City-Wide Micro-Transit Services 13 of 18 b. Service Level review. Company and City to meet at least annually to review LOS and determine if any adjustments are necessary. Any agreed upon adjustments will be made in writing. 1.6 Trip Sharing a. The Services may permit drivers to transport more than one (1) party but no more than Five (5) parties in GEM vehicles, Three (3) parties in an E-Sedan, and Twelve (12) parties in the E-van, and Eight (8) parties in the ADA E-van simultaneously under the following conditions: i. Each passenger has a separate seatbelt. ii. The total number of passengers, including the driver does not exceed the vehicle’s legal capacity. 1.7 Operational Requirements a. Company and all its employees, officers, managers, staff, subcontractors and subconsultants will comply with all applicable local, state and federal laws and regulations while performing work pursuant to this Contract including but not limited to all laws and regulations regarding the safe operation of vehicles. Company to prohibit drivers from texting or using smartphones, or other mobile device, eating, drinking, wearing headphones, and engaging in any activity that may cause the driver to become distracted while driving the vehicle. Parties acknowledge and agree that (i) drivers will only be permitted to wear Bluetooth enabled device or similar technology to provide service provided by this Contract in accordance with all laws governing such devices; and (ii) drivers may use smart phones mounted to the dashboard or windshield of the vehicles only in accordance with all laws governing such devices. b. Company must obtain all permits and approvals required in the ordinary course of business for the safe and legal operation of the Service, including without limitation, permits or approvals from the Florida Transportation Authority. Company is responsible for obtaining any permits and approvals required by the State of Florida for operation of the Service. c. Company to require all persons using the Service to comply with applicable local, state and federal laws and regulations relating to the use of seatbelts and alcohol consumption in vehicles. d. Company and its drivers are permitted to refuse service when, in the driver’s opinion, a passenger poses a threat to himself or herself, other passengers, the driver, the vehicle or other vehicles or persons. e. Company is permitted to establish reasonable restrictions on the provision of services to non-service animals. 1.8 Operating Hours a. Company to provide the Service for 11 hours per day, seven days (7) days per week for MTZ Zone 1 b. Company to provide the Service for 8 hours per day, seven (7) days per week for MTZ Zone 2 c. Company to provide the Service for 8 hours per day, seven (7) days per week, for 6 months for MTZ Pilot Zone 3 d. Company to remove 1 EV-van from service in MTZ-1 to provide Fixed Route Service 2 days per week for a period of 6 months between established pick-up/drop off locations within MTZ 2 & 3 and the Hollywood Historic Downtown and the Beach area. e. After the Data Review, hours of operation may be adjusted as mutually agreed upon in writing by the parties. 1.9 Levels of Service Reporting a. Company to provide the city with monthly, quarterly and annual level of service and operations/financial reports for each micro-transit zone. Upon request, Company will provide the City with weekly level of service reports for each micro-transit zone. b. Data Reports to include: i. Number of parties on a daily, weekly and monthly basis ii. Number of paying customers iii. Gross/Net revenue collected for fare revenue credits iv. Number of vehicles not in operation on a daily, weekly and monthly basis v. Average wait time from request through the mobile app until arrival by assigned driver on a daily, weekly and monthly basis. vi. Average trip duration on a daily, weekly and monthly basis. vii. Pick-up and drop off location for each trip. viii. Average number of passengers per party per trip. ix. Average number of parties per trip. x. Number of passenger complaints received on a daily, weekly and monthly basis. c. Quarterly Reports d. Annual Reports 74 City-Wide Micro-Transit Services 14 of 18 1.10 Operational/Financial Report within thirty (30) days after each month, quarter and year, as applicable Company to submit to City Operational/Financial Reports containing the following information: a. Annual budget b. Annual and monthly financial information include revenue generated (including advertisement sales and miscellaneous revenue), expenses and capital resources. 1.11 Advertisement Sales a. Company shall sell space on the exterior or interior of the vehicles for the display of commercial advertising. Advertising Revenue in the amount of $115,100.00 shall be guaranteed annually (Annual Guaranteed Amount). All Advertising Revenue collected by the Company above the Annual Guaranteed Amount will belong to the Company. Company shall credit the City’s monthly invoices for each MTZ with a prorated portion of the Annual Guaranteed Amount as shown in Exhibit E (Pricing). 1.12 Ridership Fares a. Company shall collect ridership fares for the services. b. Company shall credit the City’s monthly invoice for each micro-transit zone with 100% of the Net Fare Revenue, defined below, that is generated and collected from ridership fares. c. Net Fare Revenue means all gross ridership revenue that is collected from the passengers for the services less all costs and expenses, including but not limited to sales taxes or other taxes imposed by law, Company administrative expenses, credit card processing fees and other billing related charging by third parties imposing similar processing charges. Company will be responsible for documenting all costs and expenses and related charges associated with the Net Fare Revenue calculations. 75 City-Wide Micro-Transit Services 15 of 18 EXHIBIT B – RFP-045-23-SK - Citywide Micro-Transit Services 76 REQUEST FOR PROPOSAL RFP-045-23-SK CITYWIDE MICRO-TRANSIT SERVICES FOR THE CITY OF HOLLYWOOD, FLORIDA (CITY) RFP Issue Date: February 1, 2023 Questions Due Date: February 22, 2023 Submittal Due Date: March 9, 2023, 3:00 pm 77 City of Hollywood RFP-045-23-SK CITYWIDE MICRO-TRANSIT SERVICES TABLE OF CONTENTS I. SUMMARY ............................................................................................................ II. INTRODUCTION ................................................................................................... III. SPECIAL TERMS AND CONDITIONS .................................................................. IV. SCOPE OF SERVICE ........................................................................................... V. EVALUATION CRITERIA ...................................................................................... VI. EVALUATION COMMITTEE ................................................................................. VII. GENERAL TERMS AND CONDITIONS ................................................................ VIII. PROPOSAL SUBMISSIONS ................................................................................. Attachments: A - EXHIBIT A - CSP_Routes_and_Schedules B - Exhibit B-MTZ_Zones C - Exhibit C-Pricing 78 3 1. SUMMARY 1.1. Summary The City is seeking shared public sector transit services that offer dynamically allocated routes and schedules in response to individual or aggregate consumer demand, using smaller vehicles and capitalizing on mobile GPS and internet connectivity. The City has successfully funded the operation of a micro-transit service in the downtown and A1A corridor for the last 4 years. The micro transit services have been well accepted with increasing ridership. The Current contract is set to expire and would like the opportunity to solicit new proposals that would complement a new community shuttle service as well as expansion of the service to other areas of the City, especially west of I-95. The goal of the micro-transit service will be to transition paratransit customers by transporting them in a less expensive manner to a fixed route transfer point and/or address areas in the City with high concentrations of older and low-income residents who need access to transit. Any rider fees will be determined by the City and 100% of all net proceeds from fees generated by riders will be returned to the City in the form of a credit to each monthly invoice. The City has the right to audit the Contractor’s collection of fees. The successful Vendor/Contractor will have demonstrated demand response experience particularly in areas with no existing service. The Contractor will own or have access to a fleet of environmentally friendly and sustainable vehicles that include fully accessible minibuses with capacity between 12 and 28 passengers. Vehicles should be small enough for energy efficiency, but large enough to handle occasional larger demands (schools, employment centers, transfer stations). Smaller low speed electric vehicles may be used on smaller streets and more acceptable neighborhoods. The strategic objective of this initiative is to identify and implement a sustainable micro -transit system that moves people to and from their destination. Another strategic objective is that over time this program will transition to being fully supported by the business community in Hollywood, Hollywood Beach, and the surrounding area. 1.2. Background Currently the City plans to operate a Community Shuttle System with three fixed routes (Northwest Loop - City Hall to N. Beach Park, A1A Loop - N. Beach Park to E Hallandale Blvd. and a Southeast Loop - City Hall to Pembroke Rd.) The fixed route system is expected to be operational by mid-2023 and will provide public transportation service to improve mobility, and ease parking demand and traffic congestion. This service is funded by Broward County Transit. In addition, there are Broward County buses, routes #1, 4, 7, 9 and US1 Breeze, providing services on a daily basis. 1.3. Contact Information Simone Knight Senior Purchasing Agent Email: sknight@hollywoodfl.org Phone: (954) 921-3200 79 4 Department: Development Services (Engineering, Building, Code Compliance, Community Development and Planning) 1.4. Timeline Release Project Date February 1, 2023 Pre-Proposal Meeting (Non- Mandatory) February 9, 2023, 10:00am Join from the meeting link https://cohfl.webex.com/cohfl/j.phpMTID=m6cb a791171165ad4ecd518f286c6c012 OR Join by meeting number Meeting number (access code): 2633 159 9680 Meeting password: 9PEjbnnYC32 OR Join from a mobile device (attendees only) +1-408-418-9388 Meeting number (access code) 2633 159 9680 Question Submission Deadline February 22, 2023, 5:00pm Proposal Submission Deadline March 9, 2023, 3:00pm 80 5 2. INTRODUCTION 2.1. Purpose The City of Hollywood, Florida (City) is seeking responses from qualified and experienced firms, hereinafter referred to as the Contractor or Proposer, to provide Micro -transit rider services for the City, in accordance with the terms, conditions, and specifications contained in this solicitation. Responses to this solicitation are due by Thursday, March 9, 2023 at 3:00 pm, and will be opened in a virtual public setting on March 1, 2023 at 4:00PM (EST) at https://cohfl.webex.com/cohfl/j.php?MTID=m2fa08f6728891bc5bc2d389b3a3e4290 . Submittals shall be received electronically through OpenGov Procurement. Hard copy submittals will not be accepted. Submittals shall be considered an offer on the part of the bidder/proposer, which offer shall be deemed accepted upon approval of the City, and in case of default, the City reserves the right to accept or reject any or all bids/proposals, to waive irregularities and technicalities, and request new bids/proposals. The City also reserves the right to award any resulting agreement as it deems will best serve the interests of the city. 2.2. Pre-Proposal Conference and/or Site Visit (Non-Mandatory) There will be a non-mandatory pre-proposal conference and/or site visit scheduled for this solicitation. Attendance is required if the event is mandatory, and in the event that it is non- mandatory, it is strongly suggested that all Contractors attend the pre-proposal conference and/or site visit to receive information that may be critical to their understanding of this solicitation. Please keep in mind that site visits at other times might not be available. It is the sole responsibility of the Contractor to become familiar with the scope of the City’s requirements prior to submitting a proposal. No variation in price or conditions shall be permitted based upon a claim of ignorance. Submission of a proposal will be considered evidence that the Proposer has familiarized themselves with the nature and extent of the work, equipment, materials, and labor required. 2.3. OpenGov The City of Hollywood uses Opengov, the e-Procurement Portal (“Portal”) (https://procurement.opengov.com/portal/hollywoodfl/projects/36720) to administer the competitive solicitation process, including but not limited to soliciting proposals, issuing addenda, posting results and issuing notification of an intended decision. The City shall not be responsible for a Proposer’s inability to submit a proposal by the proposal end date and time for any reason, including issues arising from the use of OpenGov. 2.4. Point of Contact For information concerning procedures for responding to this solicitation, contact the Point of Contact within the Office of Procurement Services, Simone Knight, Senior Purchasing Agent at sknight@hollywoodfl.org or by phone at (954) 921-3200, or Steve Stewart, Chief Procurement Officer (CPO), at sstewart@hollywoodfl.org or by phone at (954) 921-3232. Such contact is to be for clarification purposes only. All questions must be submitted in writing via the Portal by Wednesday, February 22, 2023, by 5:00 pm, in order to receive a timely response. 81 6 Project Manager: Solange Baquero, Administrative Specialist II, at dbaquero- meza@hollywoodfl.org or by phones at (954) 921-3900 Ext: 6641. For information concerning technical specifications, please utilize the question and answer feature provided by the Portal at https://procurement.opengov.com/portal/hollywoodfl. Questions of a material nature must be received prior to the cut-off date specified in the solicitation schedule. Material changes, if any, to the scope of services or bidding procedures will only be transmitted by written addendum. (See addendum section of the the Project Page). Proposers please note: No part of your proposal can be submitted via FAX. No variation in price or conditions shall be permitted based upon a claim of ignorance. Submission of a proposal will be considered evidence that the Proposer has familiarized themselves with the nature and extent of the work, and the equipment, materials, and labor required. The entire proposal response must be submitted in accordance with all specifications contained in this solicitation. The questions and answers submitted in the Portal shall become part of any contract that is c reated from this solicitation. It is the sole responsibility of the Proposer to ensure that their proposal is submitted electronically through the Portal. 2.5. Cone of Silence The City of Hollywood City Commission adopted Ordinance No. O-2007-05, which created Section 30.15(F) imposing a Cone of Silence for certain City purchases of goods and Services. The Cone of Silence refers to limits on communications held between vendors and vendor’s representatives and City elected officials, management and staff during the period in which a Formal Solicitation is open. The Ordinance does allow potential vendors or vendor’s representatives to communicate with designated employees for the limited purpose of seeking clarification or additional information. The names and contact information of those employees that may be contacted for clarification or additional information are included in the solicitation. The Cone of Silence does not prohibit a vendor or vendor’s representative from communicating verbally, or in writing with the City Manager, the City Manager’s designee, the City Attorney or the City Attorney’s designee on those procurement items to be considered by the City Commission. The Cone of Silence does not prohibit a vendor or vendor’s representative from making public presentations at a duly noticed pre-proposal conference or duly noticed evaluation committee meeting or from communicating with the City Commission during a duly noticed public meeting. The Cone of Silence shall be imposed when a formal competitive solicitation has been issued and shall remain in effect until an award is made, a contract is approved, or the City Commission takes any other action which ends the solicitation. To view the Cone of Silence, go to the City of Hollywood Code of Ordinance online, and view Section 30.15F. All communications regarding this solicitation should be sent in writing to the Procurement Services Division as identified in this solicitation. 82 7 3. SPECIAL TERMS AND CONDITIONS 3.1. Addenda, Changes, and Interpretations It is the sole responsibility of each firm to notify the Point of Contact utilizing the question and answer feature provided by the Portal and request modification or clarification of any ambiguity, conflict, discrepancy, omission or other error discovered in this competitive solicitation. Requests for clarification, modification, interpretation, or changes must be received prior to the Question and Answer (Q & A) Deadline. Requests received after this date may not be addressed. Questions and requests for information that would not materially affect the scope of services to be performed or the solicitation process will be answered within the question and answer feature provided by the Portal and shall be for clarification purposes only. Material changes, if any, to the scope of services or the solicitation process will only be transmitted by an official written addendum issued by the City and uploaded to the Portal as a separate addendum to the solicitation. Under no circumstances shall an oral explanation given by any City official, officer, staff, or agent be binding upon the City and should be disregarded. All addenda are a part of the competitive solicitation documents and each firm will be bound by such addenda. It is the responsibility of each to read and comprehend all addenda issued. 3.2. Changes and Alterations Proposer may change or withdraw a proposal at any time prior to proposal submission deadline; however, no oral modifications will be allowed. Modifications shall not be allowed following the proposal deadline. 3.3. Proposer’s Costs The City shall not be liable for any costs incurred by Proposers in responding to this solicitation. 3.4. Pricing/Delivery All pricing must include delivery and installation and be quoted FOB: Destination, unless specified otherwise in #SCOPE OF SERVICE section . 3.5. Price Validity Prices provided in this solicitation shall be valid for at least One-Hundred and Twenty (120) days from time of solicitation opening unless otherwise extended and agreed upon by the City and Proposer. 3.6. No Exclusive Contract Proposer agrees and understands that the contract shall not be construed as an exclusive arrangement and further agrees that the City may, at any time, secure similar or identical services from another vendor at the City’s sole option. 3.7. Responsive In order to be considered responsive to the solicitation, the firm’s proposal shall fully conform in all material respects to the solicitation and all of its requirements, including all form and substance. 83 8 3.8. Responsible In order to be considered as a responsible firm, firm shall be fully capable to meet all of the requirements of the solicitation and subsequent contract, must possess the full capability, including financial and technical, to perform as contractually required, and must be able to fully document the ability to provide good faith performance. 3.9. Minimum Qualifications To be eligible for award of a contract in response to this solicitation, the Proposer must demonstrate that they have successfully completed services, as specified in the #SCOPE OF SERVICE section of this solicitation, are normally and routinely engaged in performing such services, and are properly and legally licensed (if required) to perform such work. In addition, the Proposer must have no conflict of interest with regard to any other work performed by the Proposer for the City. 3.10. Award of Contract Award may be in the aggregate, or by line Item, or by group, whichever is determined to be in the best interest of the City. Award will be made to the responsive and responsible Proposer, quoting the lowest price, for that product/service that will best serve the needs of the City. The City also reserves the right to accept or reject any or all proposals, part of proposals, and to waive minor irregularities or variations to specifications contained in proposals, and minor irregularities in the bidding process. The City also reserves the right to award the contract on a split order basis, lump sum basis, individual item basis, or such combination as shall best serve the interest of the City. 3.11. Manufacturer/Brand/Model Specific Request This is a manufacturer/brand/model specification. No substitutions will be allowed unless specified in the #SCOPE OF SERVICE section. 3.12. Contract Period The initial contract term shall commence upon date of award by the City for a one (1) year term. The City reserves the right to renew the contract for three additional one-year terms, providing all terms, conditions and specifications remain the same, both parties agree to the extension, and such extension is approved by the City. In the event services are scheduled to end because of the expiration of this contract, the Contractor shall continue the service upon the request of the City as authorized by the awarding authority. The extension period shall not extend for more than 120 days beyond the expiration date of the existing contract. The Contractor shall be compensated for the service at the rate in effect when this extension clause is invoked by the City. 3.13. Warranties of Usage Any estimated quantities listed are for information and tabulation purposes only. No warranty or guarantee of quantities needed is given or implied. It is understood that the Contractor will furnish the City's needs as they arise. 84 9 3.14. Rules and Submittals of Proposals The signer of the proposal must declare that the only person(s), company or parties interested in the proposal as principals are named therein; that the proposal is made without collusion with any other person(s), company or parties submitting a proposal; that it is in all respects fair and in good faith, without collusion or fraud; and that the signer of the proposal has full authority to bind the principal proposer. 3.15. Conflict of Interests Prohibited Any respondent submitting a response to this solicitation is responsible for being aware of, and complying with Section 34.02 of the City Code of Ordinances. If you have questions concerning whether you may or may not need to comply with the ordinance, please contact the City of Hollywood, City Clerk’s Office at 954-921-3211. 3.16. Protest Procedure Any respondent who is not recommended for award of a contract and who alleges a failure by the City to follow the City’s Procurement Code or any applicable law may protest to the CPO, by delivering a letter of protest to the CPO in accordance with Section 38.52 of the City’s Procurement Code within five days after a notice of intent to award is posted on the City’s web site, BIDSYNC, City Clerk’s Office, Open Government, and/or City’s Sunshine Board (https://www.hollywoodfl.org/Archive.aspx?AMID=140). 3.17. Insurance Requirements Contractor shall maintain, at its sole expense, during the term of this agreement the following insurances: A. Commercial General Liability Insurance naming the City as an additional insured with not less than the following limits: General Aggregate $1,000,000 Products-Comp/Op Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence $1,000,000 Coverage shall include contractual liability assumed under this agreement, products and completed operations, personal injury, broad form property damage, and premises- operations. B. Commercial Automobile Liability Insurance naming the City as an additional insured with not less than the following limits: Combined Single Limit $1,000,000 Coverage shall include contractual liability assumed under this agreement, owned, hired and non-owned vehicles. Worker’s Compensation: 85 10 C. Worker’s Compensation Insurance Prior to the commencement of work governed by this contract, the contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable State statues. Limits of Liability: Statutory-State of Florida Covering the contractor and the contractor’s employees with not less than the following limits: Employers Liability: $100,000, bodily injury by accident $500,000 bodily injury by Employee $500,000 bodily injury by Policy Limit The City of Hollywood needs to be the certificate holder as per the following format: City of Hollywood (nothing else on this line) Name of Department Department Address Department Address Coverage shall be provided by a company or companies authorized to transact business in the state of Florida and the company or companies must maintain a minimum rating of A-VII, as assigned by the A.M. Best Company. Please Note: The Certificate shall contain a provision that coverage afforded under the policy will not be cancelled until at least thirty (30) days prior written notice has been given to the City. Certificates of insurance, reflecting evidence of the required insurance, shall be provided to the City. In the event the Certificate of Insurance provided indicates that the insurance shall terminate and lapse during the period of this Agreement, the vendor shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed Certificate of Insurance as proof that equal and like coverage for the balance of the period of the Agreement or extension thereunder is in effect. The insurance policy shall not contain any exceptions that would exclude coverage for risks that can be directly or reasonably related to the scope of goods or services in this bid/proposal. A violation of this requirement at any time during the term, or any extension thereof shall be grounds for the immediate termination of any contract entered in to pursuant to this bid/proposal. In order to show that this requirement has been met, along with an insurance declaration sheet demonstrating the existence of a valid policy of insurance meeting the requirements of this bid/proposal, the successful proposer must submit a signed statement from insurance agency of record that the full policy contains no such exception. The City reserves the right to require additional insurance in order to meet the full value of the contract. The City reserves the right to require any other insurance coverage it deems necessary depending upon the exposures. 86 11 3.18. Uncontrollable Circumstances (Force Majeure) The City and Contractor will be excused from the performance of their respective obligations under this agreement when and to the extent that their performance is delayed or prevented by any circumstances beyond their control including, fire, flood, explosion, strikes or other labor disputes, acts of God or public emergency, war, riot, civil commotion, malicious damage, act or omission of any governmental authority, delay or failure or shortage of any type of transportation, equipment, or service from a public utility needed for their performance, provided that: A. The non performing party gives the other party prompt written notice describing the particulars of the Force Majeure including, but not limited to, the nature of the occurrence and its expected duration, and continues to furnish timely reports with respect thereto during the period of the Force Majeure; B. The excuse of performance is of no greater scope and of no longer duration than is required by the Force Majeure; and C. No obligations of either party that arose before the Force Majeure causing the excuse of performance are excused as a result of the Force Majeure; and D. The non-performing party uses its best efforts to remedy its inability to perform. Notwithstanding the above, performance shall not be excused under this Section for a period in excess of two (2) months, provided that in extenuating circumstances, the City may excuse performance for a longer term. Economic hardship of the Contractor will not constitute Force Majeure. The term of the agreement shall be extended by a period equal to that during which either party's performance is suspended under this Section. 3.19. Supplier Portal (Oracle) Payment Method The City has implemented software that contains a supplier portal allowing suppliers to submit and update their information via the supplier portal. New suppliers will be required to register; and current suppliers will need to confirm and update their information. Firms are responsible for ensuring that all contact, payment, and general information is updated at all times, and will not hold the City liable for any inaccurate information. 3.20. Debarred or Suspended Bidders or Proposers Firm(s) certifies, by submission of a response to this solicitation, that neither it nor its principals and subcontractors are presently debarred or suspended by any federal, state, county or municipal department or agency. 3.21. Public Records/Trade Secrets/Copyright All responses will become the property of the City. The Consultant’s response to the solicitation is a public record pursuant to Florida law and is subject to disclosure by the City pursuant to Chapter 119.07, Florida Statutes (“Public Records law”). The City shall permit public access to all documents, papers, letters or other material submitted in connection with this solicitation and the Contract to be executed for this solicitation, subject to the provisions of Chapter 119, Florida Statutes. 87 12 Any language contained in the Consultant’s response to the solicitation purporting to require confidentiality of any portion of the Consultant’s response to the solicitation, except to the extent that certain information is in the City’s opinion a Trade Secret pursuant to Florida law, shall be void. If a Consultant submits any documents or other information to the City that the Consultant claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07 (“Public Records Laws”), the Consultant shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Consultant must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Consultant’s response to the solicitation constitutes a Trade Secret. The City’s determination of whether an exemption applies shall be final, and the Consultant agrees to defend, indemnify, and hold harmless the City and the City’s officers, employees, and agent, against any loss or damages incurred by any person or entity as a result of the City’s treatment of records as public records. In the event of Contract award, all documentation produced as part of the Contract shall become the exclusive property of the City. Proposals purporting to be subject to copyright protection in full or in part will be rejected. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR RESPONSE TO THE SOLICITATION AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR RESPONSE TO THE SOLICITATION OR ANY PART THEREOF AS COPYRIGHTED. 3.22. PUBLIC RECORDS GENERAL Consultant shall: A. Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service. B. Upon request from the City’s custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes. 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 this contract if the Consultant does not transfer the records to the City. D. Upon completion of the Contract, transfer, at no cost, to the City all public records in possession of the Consultant or keep and maintain public records required by the City to perform the service. If the Consultant transfers all public records to the City upon completion of this Contract, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of this Contract, 88 13 the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City’s custodian of public records, in a format that is compatible with the information technology systems of the City. It is solely and exclusively the Contractor’s responsibility to familiarize itself with Chapter 119, Florida Statutes, and to ensure compliance with its requirements. 3.23. Tie Breaker In cases where there is a tie for the bid award, the award shall be made by giving preference to the low bidder(s) with the following items (in this order): • (1) maintenance of a drug-free workplace in accordance with the requirements of Florida Statutes Section 287.087, • (2) local Hollywood vendor preference, • (3) closest proximity/location to project site or City Hall, and/or • (4) minority-owned or disadvantaged business status. If a tie still exists after the aforementioned tiebreakers are utilized, the Chief Procurement Officer will make a recommendation for award among the tied bidders. 89 14 4. SCOPE OF SERVICE 4.1. Project Description The successful Vendor/Contractor will provide a year-round micro-transit program that provides connectivity to the Community Shuttle Program (CSP), this includes areas along the US 1/Federal Highway Corridor, Historic Downtown, and Hollywood Beach areas. In addition, the service will provide connectivity to various points of interest and Transportation hubs in areas west of the City designated as micro-transit zones. The service must be reliable, predictable and easy to access. Program may include supplementary service during special events requiring vehicles, personnel and resources. Circulator services may also expand to other areas of the City to support mobility options and reduction of traffic congestion as determined by the City and City Redevelopment Agency (CRA). The applicant should provide as part of their proposal a tentative schedule of service based on their experience in similar markets and assessment of demand in the area. This schedule is subject to change and be modified depending on the needs and conditions determined by the City/CRA. 4.2. Technical Specifications The use of environmentally friendly vehicles is preferred and must meet required ADA accessibility standards. The Contractor will provide the necessary vehicles, staff, and resources to service the estimated schedule in Exhibit A - CSP Routes and Schedules throughout the term of the contract. There is no need to have vehicles equipped with GPS units although it is preferred. The Contractor shall provide professional, experienced, well-groomed hospitality-oriented personnel and resources to communicate engagingly with riders while answering their questions. Personnel must hold the required, up-to-date applicable licenses, if required, have a clean driving record and be comfortable speaking knowledgably about the City/CRA as a visitor destination. The ability to converse in English is required. Bilingual drivers and other languages (French and Spanish) is desirable, but not required. All drivers must participate in a Florida Department of Transportation (FDOT) approved drug testing program. The City/CRA reserves the right to require the immediate dismissal of any personnel who fail to meet the standard outlined above. Relief personnel shall be readily available and provided by the Vendor throughout the term of the contract. The Contractor will ensure that all personnel assigned to this program wear professional, standardized, uniforms that are clean and well-pressed at all times. The Contractor will be responsible for appropriate storage, maintenance, and operational safety of all vehicles provided for this effort. The Contractor will be responsible for replacing vehicles that break down or have mechanic problems at no extra cost to the City/ CRA. The replacement should be addressed during shift when possible but no longer than 12-24 hours from the time of the event. In the event a vehicle needs to be replaced, such replacement vehicle shall match wrapping and conditions of the vehicle that needs repairs. 90 15 Applicants are encouraged to provide risk mitigation plans below for different time frames for vehicles to be out of service (i.e., one day, one week, one month) The Contractor will a provide a secure website and cell phone application that allows users to quickly locate and secure a ride. The application should be downloadable from the Apple Store or Play Store. The website and cell phone application should also have the ability to charge a fee for service via secure encrypted credit card payments. 4.3. Contractor Qualifications The Contractor shall submit a listing of work experience for projects similar in scope and nature to the work described in the Scope of Work. A minimum of five (5) years' experience and at least two (2) projects (preferably with a government entity) shall be submitted and include a description of the work, project value, value of the work performed by the Contractor, and work duration. The Contractor shall provide the requirements/certifications/training requirements for their drivers. NOTE: The minimum requirement by the City is that all drivers must be enrol led in an approved FDOT drug testing program and have passed a drug screening test, have the required FL driver license, and a favorable background investigation. 4.4. Deliverables and Objectives The following deliverables are required: A. Auditing tools to track vehicle usage and gross/net revenues from passenger fees and advertising. Generation of monthly reports that provide ridership totals, service heat maps with micro-transit zone usage, demand and capability analytics. In addition, reports shall contain driver performance metrics such as riders per hour, wait times, and the number of missed pick-ups. B. Reliable Transit Program. Documented daily vehicle safety inspections prior to start of day, and a documented preventive maintenance program. Reporting frequency will be determined between the City/CRA and the Contractor's ridership totals. C. Risk Mitigation Plan. A written plan that addresses risks associated with the operation of the micro transit program and mitigation strategies that will be used by the Contractor to minimize risk. D. Maintenance/Recovery Plan. The Contractor shall provide their maintenance plan and recovery plan to keep the vehicles in circulation at all times with no interruptions. 4.5. Project Area There are three (3) Micro-Transit Zones (MTZ). Each MTZ will be finalized following award and may be modified based on ridership and need. Each MTZ is described in the attached Exhibit B - MTZ Zones. 4.6. Schedule of Performance The applicant will provide a tentative schedule of service based on their experience in similar markets. This schedule is subject to change and be modified depending on the needs and conditions determined by the City/CRA and provider. Offerors are encouraged to provide service connecting downtown and the beach and must provide adequate description on how the service will do this and overcome challenges. 91 16 4.7. Advertising and Revenue Sharing ADVERTISEMENT SALES SERVICES. (a) The Contractor will sell space upon its vehicles for the display of commercial advertising. The purpose is to raise revenues to partially finance the operation of the micro-transit services. (b) The Contractor will pay to the City 50% of the Net Advertising Revenue received by the Contractor in connection with all (i) exterior advertising sales; (ii) interior video advertising sales; (iii) event marketing campaign sales; and (iv) marketing efforts for advertising sales (collectively, the “Advertisement Sales Services” and the advertisements so sold, the “Advertisements”). Net Advertising Revenue means the gross advertising revenue received less all-other costs and expenses, including but not limited to advertisement design and production costs, incurred by the Company in connection with providing the Advertisement Sales Services. (c) The Contractor shall determine the methods, details, and means for performing the Advertisement Sales Services. The Contractor will not accept advertising content that includes or is related to the below (1-7) without the prior written approval from the City. 1. Discriminates against a person or section of the community on account of race, sex, age, sexual preference, religion, disability, sexual orientation or political belief. 2. Contains strong or obscene language. 3. Promotes or opposes tobacco or alcohol products and controlled substances. 4. Contains sexual or reproductive material, 5. Promotes or opposes “adult entertainment” strip clubs and/or the sale of pornographic materials. 6. Promotes the sale or distribution of firearms. 7. Contravenes any applicable law. (d) The Contractor shall invoice each such advertiser for amounts owed for Advertisement Sales Services. The Contractor shall provide a service credit in the amount of 50% of the Net Advertising Revenue to the City on the following month’s submitted invoice after receipt by the Contractor of the amounts due from each advertiser. The Contractor must submit proof of invoices for amounts owed to Contractor for Advertisement Sales Services, during each advertisement period, whether or not invoiced funds are actually received by the Contractor. Example: For illustration purposes, the Contractor submits an invoice to a Media Buyer in the amount due of $25,000.00 for Advertisement Sales Service on January 2023 and the funds were r eceived from that Media Buyer during the month of March 2023. The Contractor will provide a service credit to the City in the amount of $12,500.00 on the April 2023 invoice. 92 17 5. EVALUATION CRITERIA A Selection Committee will review and evaluate submittals to determine if they meet all of the requirements in this solicitation to be deemed responsive and responsible. The following evaluation criteria will be used to evaluate and score each submittal: No. Evaluation Criteria Scoring Method Weight (Points) 1. Approach and Methodology The Contractor shall explain in detail how their company can meet the requirements of the work outlined in the SOW, provide a timeline/plan-of-action detailing each phase for this effort, provide an organization chart detailing the labor for this effort, provide the recruiting effort for maintaining qualified drivers, and detail the numbers and types of vehicles provided and how they will include additional vehicles if the City expands the routes. Points Based 15 (14.3% of Total) 2. Environmental Benefits The Contractor shall provide details and quantify any environmental benefits or sustainability initiatives that they will use for this effort. Points Based 10 (9.5% of Total) 3. Contractor Capabilities The Contractor shall provide overall organizational and financial capabilities and other key components to include organizational reporting structure, quality control, quality assurance, research and development, technical training and parts support, response time, product capabilities, and the ability to furnish multiple vehicle configurations. The Contractor shall provide a general description of the company, including annual revenue, facilities location, number of permanent and part-time employees, and current and project workload. This description is intended to provide information to the City of Hollywood to evaluate the capability and capacity of the Contractor to perform the work. The City of Hollywood may conduct a site-visit of the Contractor's facility during the evaluation process. Points Based 10 (9.5% of Total) 93 18 4. Driver's Qualifications The Contractor shall provide the requirements/certifications/training requirements for their drivers. NOTE: minimum requirement by the City is that all drivers must be enrolled in an FDOT approved drug testing program, pass a drug screening test, have the appropriate FL driver's license, and have a favorable background investigation. Points Based 10 (9.5% of Total) 5. Firm's Qualifications and Experience The Contractor shall submit a listing of work experience for projects similar in scope and nature to the work described in the Scope of Work. A minimum of five years (5) experience and two (2) projects (preferably with a government entity) shall be submitted and include a description of the work, project value, value of the work performed by the Contractor, and work duration and dates. The Contractor must submit at least three (3) references for projects of similar size, scope, and complexity. The references will be reviewed and scored as to whether services performed were satisfactory and meet the aforementioned criteria. Points Based 10 (9.5% of Total) 6. ADA Compliance The Contractor shall provide details on how their proposed vehicles meet ADA accessibility requirements. Points Based 5 (4.8% of Total) 7. Maintenance/Recovery Plan The Contractor shall provide their maintenance plan and recovery plan to keep the vehicles in circulation at all times with no interruptions. The Contractor must also provide a response to this scenario: A vehicle breaks down in the middle of the afternoon (weekday) and the current outside temperature is 95 degrees Fahrenheit. The vehicle has a mixture of passengers: elderly, middle aged, children, and infants. Explain the Contractor's course of action that would be taken. Points Based 10 (9.5% of Total) 94 19 8. Risk Mitigation Plan The contractor must provide a risk mitigation plan on potential risks that may occur with this service and the steps they will take to mitigate/reduce the risk level. Points Based 10 (9.5% of Total) 9. Local Vendor Preference If applicable, the local Hollywood Vendor/Contractor shall have the burden of demonstrating that it maintains a permanent place of business with full-time employees within the City limits and has done so for a minimum of one year prior to the date of issuance of a bid or proposal solicitation within Hollywood, Florida. All supporting documentation (e.g., City valid local business tax receipt) for local preference eligibility must be received with the bid package prior to the bid opening date and time. Points Based 5 (4.8% of Total) 10. Pricing The Contractor must provide a Fixed Pricing Rate for this Service to include all direct and indirect costs in fixed monthly rates for this effort. The price for each offeror will be compared against the values assigned the various elements of the technical proposal. The objective of this process is to obtain the best available combination of technical capability and price. Points Based 20 (19% of Total) 95 20 6. EVALUATION COMMITTEE Each Selection Committee member will convert their maximum available point score (cardinal number) for each Submitter into an ordinal number designating the ranking (as first, second, or third. For example: The ordinal scores from each Selection Committee member for each Submitter shall be added together to calculate a total ordinal score. The Submitter with the lowest ordinal score will be ranked highest for award preference. The Submitter with the second lowest total ordinal score will be ranked second highest for award preference, and so on, until all Submitters are ranked. During the evaluation process, the Selection Committee may, at its discretion, request oral presentations from banks to clarify information or answer questions on submittals. A public Selection Committee meeting to complete this evaluation is anticipated to take place in March 2023 followed by City Commission approval of an award tentatively scheduled for May 2023. Selection Committee meeting notices shall be posted on the City’s Sunshine Board (https://www.hollywoodfl.org/Archive.aspx?AMID=140). 96 21 7. GENERAL TERMS AND CONDITIONS 7.1. INTENT It is the policy of the City to encourage full and open competition among all available qualified vendors. All vendors regularly engaged in the type of Work specified in the Solicitation are encouraged to submit proposals. To receive notification and to be eligible to bid vendor should be registered with OpenGov. Vendors may register with the OpenGov (registration is free) to be included on a mailing list for selected categories of goods and Services. In order to be processed for payment, any awarded vendor must register with the City by completing and returning a Vendor Application and all supporting documents. For information and to apply as a vendor, please visit our website at hollywoodfl.org to download an application and submit it to Procurement Services Division. It is the intent of the City of Hollywood, FL (“the City”), through this solicitation and the contract conditions contained herein, to establish to the greatest possible extent complete clarity regarding the requirements of both parties to the agreement resulting from this solicitation. Before submitting a bid/proposal, the Vendor shall be thoroughly familiarized with all contract conditions referred to in this document and any addenda issued before the bid/proposal submission date. Such addenda shall form a part of the SOLICITATION and shall be made a part of the contract. It shall be the Vendor's responsibility to ascertain that the bid/proposal includes all addenda issued prior to the bid/proposal submission date. Addenda will be posted on the City's Procurement Portal along with the SOLICITATION. The terms of the SOLICITATION and the selected Vendor’s bid/proposal and any additional documentation (e.g. questions and answers) provided by the Vendor during the solicitation process will be integrated into the final contract for services entered into between the City and the selected Vendor. The Vendor shall determine, by personal examination and by such other means as may be preferred, the conditions and requirements under which the agreement must be performed. 7.2. PROPOSER’S RESPONSIBILITIES Proposers are required to submit their bids/proposals upon the following express conditions: A. Proposers shall thoroughly examine the drawings, specifications, schedules, instructions and all other contract documents. B. Proposers shall make all investigations necessary to thoroughly inform themselves regarding delivery of material, equipment or services as required by the SOLICITATION conditions. No plea of ignorance, by the proposer, of conditions that exist or that may hereafter exist as a result of failure or omission on the part of the proposer to make the necessary examinations and investigations, or failure to fulfill in every detail the requirements of the contract documents, will be accepted as a basis for varying the requirements of the City or the compensation due the proposer. 97 22 C. Proposers are advised that all City contracts are subject to all legal requirements provided for in the City of Hollywood Charter, Code of Ordinances and applicable County Ordinances, State Statutes and Federal Statutes. 7.3. PREPARATION OF BIDS/PROPOSALS Bids/proposals will be prepared in accordance with the following: A. The City’s enclosed bid/proposal Forms, in their entirety, are to be used in submitting your bid/proposal. NO OTHER FORM WILL BE ACCEPTED. B. All information required by the bid/proposal form shall be furnished. The proposer shall sign each continuation sheet (where indicated) on which an entry is made. C. Prices shall be shown and where there is an error in the extension of prices, the unit price shall govern. The City of Hollywood is exempt from payment to its vendors of State of Florida sales tax and, therefore, such taxes should not be figured into the SOLICITATION. However, this exemption does not apply to suppliers to the City in their (supplier) purchases of goods or services, used in work or goods supplied to the City. Proposers are responsible for any taxes, sales or otherwise, levied on their purchases, subcontracts, employment, etc. An exemption certificate will be signed where applicable, upon request. The City will pay no sales tax. 7.4. DESCRIPTION OF SUPPLIES Any manufacturer's names, trade names, brand names, or catalog numbers used in these applications are for the purpose of describing and establishing minimum requirements or level of quality, standards of performance, and design required, and are in no way intended to prohibit the bidding of other manufacturers' items of equal material, unless specifications state "NO SUBSTITUTIONS." Proposers must indicate any variances to the specifications, terms, and conditions, no matter how slight. If variations are not stated in the bid/proposal, it shall be construed that the bid/proposal fully complies with the Specifications, Terms and Conditions. Proposers are required to state exactly what they intend to furnish; otherwise they sh all be required to furnish the items as specified. Proposers will submit, with their bid/proposal, necessary data (factory information sheets, specifications, brochures, etc.) to evaluate and determine the quality of the item(s) they are proposing. The City shall be the sole judge of equality and its decision shall be final. 7.5. ADDENDA The Procurement Services Division may issue an addendum in response to any inquiry received, prior to bid/proposal opening, which changes, adds to or clarifies the terms, provisions or requirements of the solicitation. The Proposer should not rely on any representation, statement or explanation, whether written or verbal, other than those made in this solicitation document or in any addenda issued. Where there appears to be a conflict between this solicitation and any 98 23 addendum, the last addendum issued shall prevail. It is the proposer’s responsibility to ensure receipt of all addenda and any accompanying documents. Proposer(s) shall acknowledge receipt of any formal Addenda by signing the addendum and including it with their bid/proposal. Failure to include signed formal addenda in its bid/proposal shall cause the City to deem the bid/proposal non-responsive provided, however, that the City may waive this requirement in its best interest. 7.6. REJECTION OF BIDS/PROPOSALS The City may reject a bid/proposal if: A. The Proposer fails to acknowledge receipt of an addendum, or if B. The Proposer misstates or conceals any material fact in the bid/proposal, or if C. The bid/proposal does not strictly conform to the law or requirements of the SOLICITATION, or if D. The City is under a pre-lawsuit claim or current litigation with the proposer. The City may reject all bids/proposals whenever it is deemed in the best interest of the City to do so, and may reject any part of a bid/proposal unless the bid/proposal has been qualified as provided in herein. 7.7. WITHDRAWAL OF BIDS/PROPOSALS A. May not be withdrawn and shall be deemed enforceable for a period of 180 days after the time set for the SOLICITATION opening. B. Bids/proposals may be withdrawn prior to the time set for the SOLICITATION opening via the Portal. C. The City will permanently retain as liquidated damages the bid deposit furnished by any proposer who requests to withdraw a bid/proposal after the SOLICITATION opening. 7.8. BIDS/PROPOSALS TO REMAIN OPEN All bids/proposals shall remain open for 180 calendar days after the day of the bid/proposal opening, but the City may, at its sole discretion, release any bid/proposal and return the bid/proposal Security prior to that date. Extensions of time when bids/proposals shall remain open beyond the 180 day period may be made only by mutual written agreement between the City, the successful Proposer and the surety, if any, for the successful Proposer. 7.9. LATE BIDS/PROPOSALS OR MODIFICATIONS Only bids/proposals received as of the opening date and time will be considered timely. Bids/proposals and modifications received after the time set for the opening will be returned un- opened to the sender and rejected as late. 7.10. CONFLICTS WITHIN THE SOLICITATION Where there appears to be a conflict between the General Terms and Conditions, Special Conditions, the Technical Specifications, the SOLICITATION Submittal Section, or any 99 24 addendum issued, the order of precedence shall be the last addendum issued, the SOLICITATION Submittal Section, the Technical Specifications, the Special Conditions, and then the General Terms and Conditions. 7.11. CLARIFICATION OR OBJECTION TO BID/PROPOSAL SPECIFICATIONS If any person contemplating submitting a bid/proposal for this contract is in doubt as to the true meaning of the specifications or other SOLICITATION documents or any part thereof, they may submit requests for clarification to the Procurement Services Division on or before the date specified for a request for clarification. All such requests for clarification shall be made in writing and the person submitting the request will be responsible for its prompt delivery. Any interpretation of the SOLICITATION, if made, will be made only by Addendum duly issued. A copy of such Addendum will be made available to each person receiving a Solicitation. The City will not be responsible for any other explanation or interpretation of the SOLICITATION given prior to the award of the contract. Any objection to the specifications and requirements as set forth in this SOLICITATION must be filed in writing with the Chief Procurement Officer on or before the date specified for a request for clarification. 7.12. COMPETENCY OF PROPOSERS Pre-award inspection of the Proposer’s facility may be made prior to the award of a contract. Bids/proposals will be considered only from firms which are regularly engaged in the business of providing the goods and/or services as described in this SOLICITATION(s); have a record of performance for a reasonable period of time; and have sufficient financial support, equipment and organization to ensure that they can satisfactorily deliver the material and/or services if awarded a Contract under the terms and conditions herein stated. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the proper authorities of the City. The City may consider any evidence available to it of the financial, technical and other qualifications and abilities of a proposer, including past performance (experience) in making the award in the best interest of the City. In all cases the City of Hollywood shall have no liability to any proposer for any costs or expense incurred in connection with this SOLICITATION or otherwise. 7.13. QUALIFICATIONS OF PROPOSERS No Bid/proposal will be accepted from, nor will any contract be awarded to any person who is in arrears to the City upon any debt or contract, or who is a defaulter, as surety or otherwise, upon any obligation to City, or who is deemed responsible or unreliable by the City. As part of the bid/proposal evaluation process, City may conduct a background investigation including a record check by the Hollywood Police Department. Proposer’s submission of a bid/proposal constitutes acknowledgment of the process and consent to such investigation. City shall be the sole judge in determining a Proposer’s qualifications. 100 25 7.14. CONSIDERATION OF BIDS/PROPOSALS In cases where an item requested is identified by a manufacturer's name, trade name, catalog number, or reference, it is understood that the Vendor proposes to furnish the item so identified and does not propose to furnish an "equal" unless the proposed "equal" is pre-approved by the City. References to any of the above are intended to be descriptive but not restrictive and only indicate articles that will be satisfactory. A bid/proposal of an "equal" will be considered, provided that the Vendor states in his bid/proposal exactly what he proposes to furnish, including sample, illustration, or other descriptive matter which will clearly indicate the character of the article covered by such bid/proposal. The designated City representative hereby reserves the right to approve as an “equal”, or to reject as not being an “equal”, any article proposed which contains major or minor variations from specifications requirements. 7.15. AWARD OF CONTRACT If the Contract is to be awarded, it will be awarded, after evaluation by the City, to the responsible and responsive Proposer whom the City determines will be in the best interests of the City and not necessarily to the lowest cost Proposer. Proposers may be invited to an oral interview before the committee. A short list of finalists will be determined and presented to either the City Manager or his/her designee or to the City Commission, in accordance with the applicable City of Hollywood Code of Ordinances, and will make the final ranking for the purposes of negotiating a contract with the top ranked firm. The successful Proposer shall be required to sign a negotiated contract; the refusal or failure of a successful Proposer to execute a contract which contains the mandatory material terms and conditions contained in the SOLICITATION, shall be grounds for deeming the Proposer and/or the Proposer’s bid/proposal non-responsive. If applicable, the Proposer to whom award is made shall execute a written contract prior to award by the City Commission. If the Proposer to whom the first award is made fails to enter into a contract as herein provided, the Contract may be let to the next highest ranked Proposer who is responsible and responsive in the opinion of the City. 7.16. BASIS FOR AWARD, EVALUATION CRITERIA AND QUESTIONS The qualification of bid/proposal responders on this project will be considered in making the award. The City is not obligated to accept any bid/proposal if deemed not in the best interest of the City to do so. The City shall make award to a qualified proposer based on fees submitted and responses to this SOLICITATION. Failure to include in the bid/proposal all information outlined herein may be cause for rejection of the bid/proposal. The City reserves the right to accept or reject any and all bids/proposals, in whole or in part, as determined to be in the best interest of the City in its sole discretion. The City reserves the right to waive any informalities or irregularities in bids/proposals. The City reserves the right to negotiate separately the terms and conditions or all or any part of the bids/proposals as deemed to be in the City’s best interest in its sole discretion. 101 26 Information and/or factors gathered during interviews, negotiations and any reference checks, and any other information or factors deemed relevant by the City, shall be utilized in the final award. The final award of a contract is subject to approval by the City Commission. 7.17. AGREEMENT An agreement shall be sent to the awarded proposer to be signed, witnessed, and returned to the City for execution. The City will provide a copy of the fully executed agreement to the awarded proposer. 7.18. NOTICE TO PROCEED A signed purchase order, blanket purchase order or fully executed agreement will be the Proposer's authorization to proceed and may substitute for a "Notice to Proceed" form. 7.19. BID PROTESTS The City shall provide notice of its intent to award or reject to all proposers by posting such notice on the City’s website. After a notice of intent to award a contract is posted, any actual or prospective proposer who is aggrieved in connection with the pending award of the contract or any element of the process leading to the award of the contract may protest to the Director of Procurement Services. A protest must be filed within five business days after posting or any right to protest is forfeited. The protest must be in writing, must identify the name and address of the protester, and must include a factual summary of, and the basis for, the protest. Filing shall be considered complete when the protest, including a deposit, is received by the Procurement Services Division. Failure to file a protest within the time-frame specified herein shall constitute a full waiver of all rights to protest the City’s decision regarding the award. The written protest shall state in detail the specific facts and law or ordinance upon which the protest of the proposed award is based, and shall include all pertinent documents. A written protest may not challenge the relative weight of evaluation criteria or a formula for assigning points. Upon receipt of a formal written protest, the City shall stop award proceedings until resolution of the protest; unless it has been determined that the award of the contract without delay is necessary to protect substantial interests of the City. Any and all costs incurred by a protesting party in connection with a bid protest shall be the sole responsibility of the protesting party. Upon receipt of a protest of the pending award of a contract, a copy of the protest shall promptly be forwarded to the City Attorney. The City Attorney shall thereupon review the charge to determine its sufficiency, including whether the protest was timely filed. If upon review the City Attorney determines that the charge is insufficient, the City Attorney may issue a summary dismissal of the protest. If upon review the City Attorney determines that the charge is sufficient, a hearing of the protest committee shall be scheduled. 102 27 A protest committee shall have the authority to review, settle and resolve the protest. The committee shall consist of three members appointed by the City Manager. The committee’s review shall be informal. If the protest committee determines that the pending award of a contract or any element of the process leading to the award involved a significant violation of law or applicable rule or regulation, all steps necessary and proper to correct the violation shall be taken. If the committee determines that the protest is without merit, The Director shall promptly issue a decision in writing stating the reason for the decision and furnish a copy to the protester and any other interested party, and the process leading to the award shall proceed. 7.20. PREPARATION OF BIDS/PROPOSALS Bids/proposals shall be prepared in accordance with the bid/proposal response format. Bids/proposals not complying with this format may be considered non-responsive and may be removed from consideration on this basis. Requirements for Signing Bid/Proposal: A. Each proposer, by making a bid/proposal, represents that this document has been read and is fully understood. B. The bid/proposal must be signed in ink by an individual authorized to legally bind the person, partnership, company, or corporation submitting the bid/proposal. C. All manual signatures must have the name typed directly under the line of the signature. D. The above requirements apply to all SOLICITATION addenda. 7.21. EXAMINATION OF BID/PROPOSAL DOCUMENTS Before submitting a bid/proposal, each Proposer must: examine the bid/proposal Documents thoroughly; consider federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress, performance, or provision of the commodities and/or services; study and carefully correlate Proposer’s observations with the bid/proposal Documents, and notify the City’s agent of all conflicts, errors and discrepancies in the bid/proposal Documents. The submission of a bid/proposal will constitute an incontrovertible representation by the Proposer, that the Proposer has complied with every requirement of this SOLICITATION, that without exception, the bid/proposal is premised upon performing the services and/or furnishing the commodities and materials in accordance with such means, methods, techniques, sequences or procedures as may be indicated in or required by the bid/proposal Documents, and that the bid/proposal Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions of performance and furnishing of the goods and/or services. 7.22. PUBLIC RECORDS LAW If applicable, for each public agency contract for services, the Proposer is required to comply with F.S. 119.0701, which includes the following: 103 28 A. Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. B. Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in F.S. Chapter 119 or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and transfer, at no cost, to the public agency, all public records in possession of the proposer upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. Public records may be inspected and examined by anyone desiring to do so, at a reasonable time, under reasonable conditions, and under supervision by the custodian of the public record. Sealed Bids/proposals become subject to the public records disclosure requirements of F.S. Chapter 119, notwithstanding a proposers' request to the contrary, at the time the City provides notice of a decision or intended decision, or 30 days after the bid/proposal opening, whichever is earlier. Financial statements submitted in response to a request by the City may be confidential and exempt from disclosure. Data processing software obtained under a licensing agreement which prohibits its disclosure may also exempt. Proposers are hereby notified and agree that all information submitted as part of, or in support of SOLICITATION submittals will be available for public inspection after opening of SOLICITATION in compliance with Chapter 119 of the Florida Statutes. The proposer shall not, unless required as part of this SOLICITATION, submit any information in response to this invitation which the proposer considers to be a trade secret, proprietary or confidential. The submission, not required as part of this this SOLICITATION, of any information to the City in connection with this invitation shall be deemed conclusively to be a waiver of any trade secret or other protection, which would otherwise be available to the proposer. 7.23. INFORMATION For information concerning procedure for responding to this Solicitation (SOLICITATION), contact the Point of Contact in the #INTRODUCTION section. Such contact shall be for clarification purposes only. It is preferred that all other questions be submitted in writing via the Portal at least 10 calendar days prior to the bid/proposal due/opening date. 104 29 7.24. BIDS/PROPOSALS The bid/proposal must be signed by one duly authorized to do so and in cases where the bid/proposal is signed by a deputy or subordinate, the principal’s proper written grant of authority to such deputy or subordinate must accompany the bid/proposal. Bids/proposals by corporations must be executed in the corporate name by the President or other corporate officers accompanied by evidence of authority to sign. The corporate address and state of incorporation must be shown below the signature. Bids/proposals by partnerships must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below the signature. 7.25. MODIFICATION AND WITHDRAWAL OF BIDS/PROPOSALS Bids/proposals must be modified or withdrawn electronically via the Portal. A request for withdrawal or a modification must be via the Portal by a person duly authorized to do so. Withdrawal of a bid/proposal will not prejudice the rights of a Proposer to submit a new bid/proposal prior to the bid/proposal date and time. Except where provided in the following paragraph no bid/proposal may be withdrawn or modified after expiration of the period for receiving bids/proposals. If, within twenty-four (24) hours after bids/proposals are opened, any Proposer files a duly signed written notice with the City and within five (5) calendar days thereafter demonstrates to the reasonable satisfaction of the City by clear and convincing evidence that there was a material and substantial mistake in the preparation of its bid/proposal, or that the mistake is clearly evident on the face of the bid/proposal but the intended correct bid/proposal is not similarly evident, then the Proposer may withdraw its bid/proposal and the bid/proposal Security will be returned. 7.26. REJECTION OF BIDS/PROPOSALS To the extent permitted by applicable state and federal laws and regulations, the City reserves the right to reject any and all bids/proposals, to waive any and all informalities, irregularities and technicalities not involving price, time or changes in the commodities and/or services, and the right to disregard all nonconforming, non-responsive, unbalanced or conditional bids/proposals. Bids/proposals will be considered irregular and may be rejected if they show serious omissions, alterations in form, additions not called for, conditions or unauthorized alterations or irregularities of any kind. The City also reserves the right to waive minor technical defects in a bid/proposal. The City reserves the right to determine, in its sole discretion, whether any aspect of a bid/proposal satisfies the criteria established in this Solicitation. The City reserves the right to reject the bid/proposal of any Proposer if the City believes that it would not be in the best interest of the City to make an award to that Proposer, whether because the bid/proposal is not responsive or the Proposer is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criterion established by City. The foregoing reasons for rejection of bids/proposals are not intended to be exhaustive. 105 30 7.27. OPEN END CONTRACT No guarantee is expressed or implied as to the total quantity of commodities/services to be purchased under any open end contract. Estimated quantities will be used for bid/proposal comparison purposes only. The City reserves the right to issue purchase orders as and when required, or a blanket purchase order and release partial quantities as and when required or any combination of the preceding. ORDERING: The CITY reserves the right to purchase commodities/services specified herein through Contracts established by other governmental agencies or through separate procurement actions due to unique or special needs. If an urgent delivery is required within a period shorter than the delivery time specified in the contract, and if the seller is unable to comply therewith, the City reserves the right to obtain such delivery from others without penalty or prejudice to the City or to the Proposer. 7.28. AUDIT RIGHTS The City reserves the right to audit the records of the successful Proposer for the commodities and/or services provided under the Contract at any time during the performance and term of the Contract and for a period of three (3) years after completion and acceptance by the City. If required by the City, the successful Proposer agrees to submit to an audit by an independent certified public accountant selected by the City. The successful Proposer shall allow the City to inspect, examine and review the records of the successful Proposer in relation to this contract at any and all times during normal business hours during the term of the Contract. 7.29. LOCAL, STATE AND FEDERAL COMPLIANCE REQUIREMENTS The Proposer shall comply with all local, state and federal directives, orders and laws as applicable to this SOLICITATION and subsequent contract(s) including, but not limited to: A. Equal Employment Opportunity (EEO), in compliance with Executive Order 11246 as amended and applicable to this contract. B. All manufactured items and fabricated assemblies shall comply with applicable requirements of the Occupation Safety and Health Act of 1970 as amended, and be in compliance with Chapter 442, Florida Statutes. Any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this order must be accompanied by a completed Material Safety Data Sheet (MSDS). C. The Immigration and Nationality Act prohibits (i) the employment of an unauthorized alien when the employer knows the individual is an unauthorized alien and (ii) the employment of an individual without complying with the requirements of the federal employment verification system. If a proposer commits either of these violations, such violation shall be cause for unilateral cancellation of the contract. D. This Section applies only to any contract for goods or services of $1 million or more: The Proposer certifies that it is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List and that it does not have business operations in Cuba or Syria as provided in section 106 31 287.135, Florida Statutes (2011), as may be amended or revised. The City may terminate this Contract at the City’s option if the Proposer is found to have submitted a false certification as provided under subsection (5) of section 287.135, Florida Statutes (2011), as may be amended or revised, or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or has engaged in business operations in Cuba or Syria, as defined in Section 287.135, Florida Statutes (2011), as may be amended or revised. 7.30. FRAUD AND MISREPRESENTATION Any individual, corporation or other entity that attempts to meet its contractual obligations with the City through fraud, misrepresentation or material misstatement, may be debarred from doing business with the City. The City as further sanction may terminate or cancel any oth er contracts with such individual, corporation or entity. Such individual or entity shall be responsible for all direct or indirect costs associated with termination or cancellation, including attorney’s fees. 7.31. DEBARRED OR SUSPENDED BIDDERS OR PROPOSERS The proposer certifies, by submission of a response to this solicitation, that neither it nor its principals and subproposers are presently debarred or suspended by any Federal department or agency. 7.32. COLLUSION More than one bid/proposal received for the same work from an individual, firm, partnership, corporation or association under the same or different names will not be considered. Reasonable grounds for believing that any Proposer is interested in more than one bid/proposal for the same work will cause the rejection of such bin which the Proposer is interested. If there are reasonable grounds for believing that collusion exists among the Proposers, the bids/proposals of participants in such collusion will not be considered. 7.33. COPELAND "ANTI-KICKBACK" The Proposer and all subproposers will comply with the Copeland Anti-Kickback Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3). 7.34. FORCE MAJEURE The Agreement which is awarded to the successful proposer may provide that the per formance of any act by the City or Proposer hereunder may be delayed or suspended at any time while, but only so long as, either party is hindered in or prevented from performance by acts of God, the elements, war, rebellion, strikes, lockouts or any cause beyond the reasonable control of such party, provided however, the City shall have the right to provide substitute service from third parties or City forces and in such event the City shall withhold payment due the Proposer for such period of time. If the condition of force majeure exceeds a period of 14 days the City may, at its option and discretion, cancel or renegotiate this Agreement. 7.35. PUBLIC ENTITY CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a 107 32 public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a proposer, supplier, subproposer, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Florida Statutes, Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 7.36. DRUG-FREE WORKPLACE PROGRAM Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids/proposals which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid/proposal received from a business that certifies that it has implemented a drug- free workplace program shall be given preference in the award process. Established procedures for processing tie bids/proposals will be followed if none of the tied vendors have a drug-free workplace program. 7.37. SOLICITATION, GIVING, AND ACCEPTANCE OF GIFTS POLICY Proposer shall sign and submit the attached form indicating understanding and compliance with the City's and State's policies prohibiting solicitation and acceptance of gifts by public officers, employees and candidates. Failure to submit the signed form will result in your bid/proposal being declared non-responsive; provided, however, that a responsible proposer whose bid/proposal would be responsive but for the failure to submit the signed form in its bid/proposal may be given the opportunity to submit the form to the City within five calendar days after notification by the City, if this is determined to be in the best interest of the City. 7.38. CONFLICT OF INTEREST The Proposer represents that: No officer, director, employee, agent, or other consultant of the City or a member of the immediate family or household of the aforesaid has directly or indirectly received or been promised any form of benefit, payment or compensation, whether tangible or intangible, in connection with the grant of this Agreement. There are no undisclosed persons or entities interested with the Proposer in this Agreement. This Agreement is entered into by the Proposer without any connection with any other entity or person making a bid/proposal for the same purpose, and without collusion, fraud or conflict of interest. No elected or appointed officer or official, director, employee, agent or other consultant of the City, or of the State of Florida (including elected and appointed members of the legislative and executive branches of government), or member of the immediate family or household of any of the aforesaid: A. Is interested on behalf of or through the Proposer directly or indirectly in any manner whatsoever in the execution or the performance of this Agreement, or in the services, supplies or work, to which this Agreement relates or in any portion of the revenues; or B. Is an employee, agent, advisor, or consultant to the Proposer or to the best of the Proposer’s knowledge, any subproposer or supplier to the Proposer. 108 33 Neither the Proposer nor any officer, director, employee, agent, parent, subsidiary, or affiliate of the Proposer shall have an interest which is in conflict with the Proposer’s faithful performance of its obligations under this Agreement; provided that the City, in its sole discretion, may consent in writing to such a relationship, and provided the Proposer provides the City with a written notice, in advance, which identifies all the individuals and entities involved and sets forth in detail the nature of the relationship and why it is in the City's best interest to consent to such relationship. The provisions of this Article are supplemental to, not in lieu of, all applicable laws with respect to conflict of interest. In the event there is a difference between the standards applicable under this Agreement and those provided by statute, the stricter standard shall apply. In the event the Proposer has no prior knowledge of a conflict of interest as set forth above and acquires information which may indicate that there may be an actual or apparent violation of any of the above, the Proposer shall promptly bring such information to the attention of the City's Project Manager. The Proposer shall thereafter cooperate with the City's review and investigation of such information, and comply with the instructions the Proposer receives from the Project Manager in regard to remedying the situation. 7.39. DISCRIMINATION Any entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid/proposal on a contract to provide goods or services to a public entity, may not submit a bid/proposal on a contract with a public entity for construction or repair of a public building or public work, may not submit bids/proposals on leases of real property to a public entity, may not award or perform work as a proposer, supplier, subproposer, or consultant under contract with any public entity, and may not transact business with any public entity. 7.40. ADVICE OF OMISSION OR MISSTATEMENT In the event it is evident to a Vendor responding to this SOLICITATION that the City has omitted or misstated a material requirement to this SOLICITATION and/or the services required by this SOLICITATION, the responding Vendor shall advise the contact identified in the SOLICITATION Clarifications and Questions section above of such omission or misstatement. 7.41. CONFIDENTIAL INFORMATION Information contained in the Vendor’s bid/proposal that is company confidential must be clearly identified in the bid/proposal itself. The City will be free to use all information in the Vendor's bid/proposal for the City’s purposes, in accordance with State Law. Vendor bids/proposals shall remain confidential for 30 days or until a notice of intent to award is posted, which is sooner. The Vendor understands that any material supplied to the City may be subject to public disclosure under the Public Records Law. 7.42. GOVERNING LAW This Contract, including appendices, and all matters relating to this Contract (whether in contract, statute, tort (such as negligence), or otherwise) shall be governed by, and construed in accordance with, the laws of the State of Florida. This shall apply notwithstanding such factors which include, but are not limited to, the place where the contract is entered into, the place where the accident occurs and not withstanding application of conflicts of law principles. 109 34 7.43. LITIGATION VENUE The parties waive the privilege of venue and agree that all litigation between them in the state courts shall take place in Broward County, Florida and that all litigation between them in the federal courts shall take place in the Southern District of Florida. 7.44. SOVEREIGN IMMUNITY Nothing in this agreement shall be interpreted or construed to mean that the city waives its common law sovereign immunity or the limits of liability set forth in Section 768.28, Florida Statute. 7.45. SURVIVAL The parties acknowledge that any of the obligations in this Agreement will survive the term, termination and cancellation hereof. Accordingly, the respective obligations of the Proposer and the City under this Agreement, which by nature would continue beyond the termination, cancellation or expiration thereof, shall survive termination, cancellation or expiration hereof. 7.46. INDEMNIFICATION AND HOLD HARMLESS AGREEMENT The Contractor shall indemnify and hold harmless the City of Hollywood and its officers, employees, agents and instrumentalities from any and all liability, losses or damages. In addition, the City shall be entitled to attorney’s fees and costs of defense, which the City of Hollywood, or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this project by the awarded proposer or its employees, agents, servants, partners, principals or subcontractors. Furthermore, the awarded proposer shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind of nature in the name of the City of Hollywood, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney’s fees which may issue thereon. The awarded proposer expressly understands and agrees that any insurance protection required by the resulting agreement or otherwise provided by the awarded proposer shall cover the City of Hollywood, its officers, employees, agents and instrumentalities and shall include claims for damages resulting from and/or caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and persons employed by or utilized by the Contractor in the performance of the contract. 7.47. PATENT AND COPYRIGHT INDEMNIFICATION The Proposer warrants that all deliverables furnished hereunder, including but not limited to: services, equipment programs, documentation, software, analyses, applications, methods, ways, processes, and the like, do not infringe upon or violate any patent, copyrights, service marks, trade secret, or any other third party proprietary rights. The Proposer shall be liable and responsible for any and all claims made against the City for infringement of patents, copyrights, service marks, trade secrets or any other third party proprietary rights, by the use or supplying of any programs, documentation, software, analyses, applications, methods, ways, processes, and the like, in the course of performance or completion of, or in any way connected with, the work, or the City's continued use of the deliverables furnished hereunder. Accordingly, the Proposer, at its own expense, including the payment of attorney's 110 35 fees, shall indemnify, and hold harmless the City and defend any action brought against the City with respect to any claim, demand, and cause of action, debt, or liability. In the event any deliverable or anything provided to the City hereunder, or a portion thereof, is held to constitute an infringement and its use is or may be enjoined, the Proposer shall have the obligation, at the City's option, to (i) modify, or require that the applicable subproposer or supplier modify, the alleged infringing item(s) at the Proposer’s expense, without impairing in any respect the functionality or performance of the item(s), or (ii) procure for the City, at the Proposer's expense, the rights provided under this Agreement to use the item(s). The Proposer shall be solely responsible for determining and informing the City whether a prospective supplier or subproposer is a party to any litigation involving patent or copyright infringement, service mark, trademark, violation, or proprietary rights claims or is subject to any injunction which may prohibit it from providing any deliverable hereunder. The Proposer shall enter into agreements with all suppliers and subproposers at the Proposer's own risk. The City may reject any deliverable that it believes to be the subject of any such litigation or injunction, or if, in the City's judgment, use thereof would delay the work or be unlawful. The Proposer shall not infringe any copyright, trademark, service mark, trade secrets, patent rights, or other intellectual property rights in the performance of the work. 7.48. ADVERTISING Vendor shall not advertise or publish the fact that the City has placed this order without prior written consent from the City, except as may be necessary to comply with a proper request for information from an authorized representative of a governmental unit or agency. 7.49. DISCLAIMER The Hollywood may, in its sole discretion, accept or reject, in whole or in part, for any reason whatsoever any or all bids/proposals; re-advertise this SOLICITATION, postpone or cancel at any time this SOLICITATION process; or, waive any formalities of or irregularities in the bid/proposal process. Bids/proposals that are not submitted on time and/or do not conform to the City of Hollywood’s requirements will not be considered. After all bids/proposals are analyzed, organization(s) submitting bid/proposal that appear, solely in the opinion of the City of Hollywood, to be the most competitive, shall be submitted to the City of Hollywood’s City Commission, and the final selection will be made shortly thereafter with a timetable set solely by the City of Hollywood. The selection by the City of Hollywood shall be based on the bid/proposal, which is, in the sole opinion of the City Commission of the City of Hollywood, in the best interest of the City of Hollywood. The issuance of this SOLICITATION constitutes only an invitation to make a bid/proposal to the City of Hollywood. The City of Hollywood reserves the right to determine, in its sole discretion, whether any aspect of the bid/proposal satisfies the criteria established by the City. In all cases the City of Hollywood shall have no liability to any proposer for any costs or expense incurred in connection with this bid/proposal or otherwise. 7.50. TRADEMARKS The City warrants that all trademarks the City requests the Vendor to affix to articles purchased are those owned by the City and it is understood that the Vendor shall not acquire or claim any rights, title, or interest therein, or use any of such trademarks on any articles produced for itself or anyone other than the City. 111 36 7.51. RIGHT TO REQUEST ADDITIONAL INFORMATION The City reserves the right to request any additional information that might be deemed necessary during the evaluation process. 7.52. PROPOSAL PREPARATION COSTS The Vendor is responsible for any and all costs incurred by the Vendor or his/her subproposers in responding to this solicitation. 7.53. DESIGN COSTS The successful Vendor shall be responsible for all design, information gathering, and required programming to achieve a successful implementation. This cost must be included in the base bid/proposal. 7.54. ADDITIONAL CHARGES No additional charges, other than those listed on the price breakdown sheets, shall be made. Prices quoted will include verification/coordination of order, all costs for shipping, delivery to all sites, unpacking, setup, installation, operation, testing, cleanup, training and Vendor travel charges. 7.55. RIGHTS TO PERTINENT MATERIALS All responses, inquires, and correspondence relating to this SOLICITATION and all reports, charts, displays, schedules, exhibits and other documentation produced by the Vendor that are submitted as part of the bid/proposal shall become the property of the City upon receipt, a part of a public record upon opening, and will not be returned. 7.56. INSURANCE REQUIREMENTS See insurance requirements in the main solicitation document. 7.57. NATURE OF THE AGREEMENT The Agreement incorporates and includes all negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained in the Agreement. The parties agree that there are no commitments, agreements, or understandings concerning the subject matter of the Agreement that are not contained in the Agreement, and that the Agreement contains the entire agreement between the parties as to all matters contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that any oral representations or modifications concerning this Agreement shall be of no force or effect, and that the Agreement may be modified, altered or amended only by a written amendment duly executed by both parties hereto or their authorized representatives. The Proposer shall provide the services set forth in the Scope of Services, and render full and prompt cooperation with the City in all aspects of the services performed hereunder. The Proposer acknowledges that the Agreement requires the performance of all things necessary for or incidental to the effective and complete performance of all work and services under t his Contract. All things not expressly mentioned in the Agreement but necessary to carrying out its 112 37 intent are required by the Agreement, and the Proposer shall perform the same as though they were specifically mentioned, described and delineated. The Proposer shall furnish all labor, materials, tools, supplies, and other items required to perform the work and services that are necessary for the completion of this Contract. All work and services shall be accomplished at the direction of and to the satisfaction of the City's Project Manager. The Proposer acknowledges that the City shall be responsible for making all policy decisions regarding the Scope of Services. The Proposer agrees to provide input on policy issues in the form of recommendations. The Proposer agrees to implement any and all changes in providing services hereunder as a result of a policy change implemented by the City. The Proposer agrees to act in an expeditious and fiscally sound manner in providing the City with input regarding the time and cost to implement said changes and in executing the activities required to implement said changes. 7.58. AUTHORITY OF THE CITY’S PROJECT MANAGER The Proposer hereby acknowledges that the City’s Project Manager will determine in the first instance all questions of any nature whatsoever arising out of, under, or in connection with, or in any way related to or on account of, this Agreement including without limitations: questions as to the value, acceptability and fitness of the services; questions as to either party's fulfillment of its obligations under the Contract; negligence, fraud or misrepresentation before or subsequent to acceptance of the Bid/proposal; questions as to the interpretation of the Scope of Services; and claims for damages, compensation and losses. The Proposer shall be bound by all determinations or orders and shall promptly obey and follow every order of the Project Manager, including the withdrawal or modification of any previous order and regardless of whether the Proposer agrees with the Project Manager's determination or order. Where orders are given orally, they will be issued in writing by the Project Manager as soon thereafter as is practicable. The Proposer must, in the final instance, seek to resolve every difference concerning the Agreement with the Project Manager. In the event that the Project Manager and the Proposer are unable to resolve their difference, the Proposer may initiate a dispute in accordance with the procedures set forth in the section below. Exhaustion of these procedures shall be a condition precedent to any lawsuit permitted hereunder. In the event of such dispute, the parties to this Agreement authorize the City Manager or designee, who may not be the Project Manager or anyone associated with this Project, acting personally, to decide all questions arising out of, under, or in connection with, or in any way related to or on account of the Agreement (including but not limited to claims in the nature of breach of contract, fraud or misrepresentation arising either before or subsequent to execution hereof) and the decision of each with respect to matters within the City Manager's purview as set forth above shall be conclusive, final and binding on the parties. Any such dispute shall be brought, if at all, before the City Manager within 10 days of the occurrence, event or act out of which the dispute arises. The City Manager may base this decision on such assistance as may be desirable, including advice of experts, but in any event shall base the decision on an independent and objective determination of whether the Proposer’s performance or any deliverable meets the requirements of this Agreement and any specifications with respect thereto set forth herein. The effect of any 113 38 decision shall not be impaired or waived by any negotiations or settlements or offers made in connection with the dispute, whether or not the City Manager participated therein, or by any prior decision of others, which prior decision shall be deemed subject to review, or by any termination or cancellation of the Agreement. All such disputes shall be submitted in writing by t he Proposer to the City Manager for a decision, together with all pertinent information in regard to such questions, in order that a fair and impartial decision may be made. The parties agree that whenever the City Manager is entitled to exercise discretion or judgment or to make a determination or form an opinion pursuant to the provisions of this Article, such action shall be deemed fair and impartial when exercised or taken. The City Manager shall render a decision in writing and deliver a copy of the same to the Proposer. Except as such remedies may be limited or waived elsewhere in the Agreement, the Proposer reserves the right to pursue any remedies available under law after exhausting the provisions of this Article. 7.59. MUTUAL OBLIGATIONS This Agreement, including attachments and appendices to the Agreement, shall constitute the entire Agreement between the parties with respect hereto and supersedes all previous communications and representations or agreements, whether written or oral, with respect to the subject matter hereof unless acknowledged in writing by the duly authorized representatives of both parties. Nothing in this Agreement shall be construed for the benefit, intended or otherwise, of any third party that is not a parent or subsidiary of a party or otherwise related (by virtue of ownership control or statutory control) to a party. In those situations where this Agreement imposes an indemnity or defense obligation on the Proposer, the City may, at its expense, elect to participate in the defense if the City should so choose. Furthermore, the City may at its own expense defend or settle any such claims if the Proposer fails to diligently defend such claims, and thereafter seek indemnity for costs and attorney’s fees from the Proposer. 7.60. SUBCONTRACTUAL RELATIONS If the Proposer will cause any part of this Agreement to be performed by a subproposer, the provisions of this Contract will apply to such subproposer and its officers, agents and employees in all respects as if it and they were employees of the Proposer; and the Proposer will not be in any manner thereby discharged from its obligations and liabilities hereunder, but will be liable hereunder for all acts and negligence of the subproposer, its officers, agents, and employees, as if they were employees of the Proposer. The services performed by the subproposer will be subject to the provisions hereof as if performed directly by the Proposer. The Proposer, before making any subcontract for any portion of the services, will state in writing to the City the name of the proposed subproposer, the portion of the services which the subproposer is to do, the place of business of such subproposer, and such other information as the City may require. The City will have the right to require the Proposer not to award any subcontract to a person, firm or corporation disapproved by the City. Before entering into any subcontract hereunder, the Proposer will inform the subproposer fully and completely of all provisions and requirements of this Agreement relating either directly or 114 39 indirectly to the services to be performed. Such services performed by such subproposer will strictly comply with the requirements of this Contract. In order to qualify as a subproposer satisfactory to the City, in addition to the other requirements herein provided, the subproposer must be prepared to prove to the satisfaction of the City that it has the necessary facilities, skill and experience, and ample financial resources to perform the services in a satisfactory manner. To be considered skilled and experienced, the subproposer must show to the satisfaction of the City that it has satisfactorily performed services of the same general type which are required to be performed under this Agreement. The City shall have the right to withdraw its consent to a subcontract if it appears to the City that the subcontract will delay, prevent, or otherwise impair the performance of the Proposer's obligations under this Agreement. All subproposers are required to protect the confidentiality of the City and City's proprietary and confidential information. The Proposer shall furnish to the City copies of all subcontracts between the Proposer and subproposers and suppliers hereunder. Within each such subcontract, there shall be a clause for the benefit of the City permitting the City to request completion of performance by the subproposer of its obligations under the subcontract, in the event the City finds the Proposer in breach of its obligations, and the option to pay the subproposer directly for the performance by such subproposer. The foregoing shall neither convey nor imply any obligation or liability on the part of the City to any subproposer hereunder as more fully described herein. 7.61. PROMPT PAYMENT: LATE PAYMENTS BY PROPOSER TO SUBPROPOSER AND MATERIAL SUPPLIERS; PENALTY: When a proposer receives from the City of Hollywood any payment for contractual services, commodities, materials, supplies, or construction contracts, the proposer shall pay such moneys received to each subproposer and material supplier in proportion to the percentage of work completed by each subproposer and material supplier at the time of receipt. If the proposer receives less than full payment, then the proposer shall be required to disburse only the funds received on a pro rata basis to the subproposers and materials Suppliers, each receiving a prorated portion based on the amount due on the payment. If the proposer without reasonable cause fails to make payments required by this section to subproposers and material suppliers within fifteen (15) working days after the receipt by the proposer of full or partial payment, the proposer shall pay to the subproposers and material suppliers a penalty in the amount of one percent (1%) of the amount due, per month, from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed. Retainage is also subject to the prompt payment requirement and must be returned to the subproposer or material supplier whose work has been completed, even if the prime contract has not been completed. The Proposer shall include the above obligation in each subcontract it signs with a subproposer or material suppler. 7.62. TERMINATION FOR CONVENIENCE AND SUSPENSION OF WORK The City may terminate this Agreement if an individual or corporation or other entity attempts to meet its contractual obligation with the City through fraud, misrepresentation or material misstatement. 115 40 The City may, as a further sanction, terminate or cancel any other contract(s) that such individual or corporation or other entity has with the City. Such individual, corporation or other entity shall be responsible for all direct and indirect costs associated with such termination or cancellation, including attorney’s fees. The foregoing notwithstanding, any individual, corporation or other entity which attempts to meet its contractual obligations with the City through fraud, misrepresentation or material misstatement may be debarred from City contracting in accordance with the City debarment procedures. The Proposer may be subject to debarment for failure to perform and any other reasons related to the proposer’s breach or failure of satisfactory performance. In addition to cancellation or termination as otherwise provided in this Agreement, the City ma y at any time, in its sole discretion, with or without cause, terminate this Agreement by written notice to the Proposer and in such event: The Proposer shall, upon receipt of such notice, unless otherwise directed by the City: A. Stop work on the date specified in the notice ("the Effective Termination Date"); B. Take such action as may be necessary for the protection and preservation of the City's materials and property; C. Cancel orders; D. Assign to the City and deliver to any location designated by the City any non-cancelable orders for deliverables that are not capable of use except in the performance of this Agreement and which have been specifically developed for the sole purpose of this Agreement and not incorporated in the services; E. Take no action which will increase the amounts payable by the City under this Agreement. In the event that the City exercises its right to terminate this Agreement pursuant to this Article, the Proposer will be compensated as stated in the payment articles herein, for the: A. Portion of the services completed in accordance with the Agreement up to the Effective Termination Date; and B. Non-cancelable deliverables that are not capable of use except in the performance of this Agreement and which have been specifically developed for the sole purpose of this Agreement but not incorporated in the services. All compensation pursuant to this Article is subject to audit. 7.63. EVENT OF DEFAULT An Event of Default shall mean a breach of this Agreement by the Proposer. Without limiting the generality of the foregoing and in addition to those instances referred to herein as a breach, an Event of Default, shall include the following: A. The Proposer has not delivered deliverables on a timely basis; 116 41 B. The Proposer has refused or failed, except in any case for which an extension of time is provided, to supply enough properly skilled staff personnel; C. The Proposer has failed to make prompt payment to subproposers or suppliers for any services; D. The Proposer has become insolvent (other than as interdicted by the bankruptcy laws), or has assigned the proceeds received for the benefit of the Proposer's creditors, or the Proposer has taken advantage of any insolvency statute or debtor/creditor law or if the Proposer's affairs have been put in the hands of a receiver; E. The Proposer has failed to obtain the approval of the City where required by this Agreement; F. The Proposer has failed to provide "adequate assurances" as required under subsection "B" below; and G. The Proposer has failed in the representation of any warranties stated herein. When, in the opinion of the City, reasonable grounds for uncertainty exist with respect to the Proposer's ability to perform the services or any portion thereof, the City may request that the Proposer, within the time frame set forth in the City's request, provide adequate assurances to the City, in writing, of the Proposer's ability to perform in accordance with terms of this Agreement. Until the City receives such assurances the City may request an adjustment to the compensation received by the Proposer for portions of the services which the Proposer has not performed. In the event that the Proposer fails to provide to the City the requested assurances within the prescribed time frame, the City may: A. Treat such failure as a repudiation of this Agreement; B. Resort to any remedy for breach provided herein or at law, including but not limited to, taking over the performance of the services or any part thereof either by itself or through others. In the event the City shall terminate this Agreement for default, the City or its designated representatives may immediately take possession of all applicable equipment, materials, products, documentation, reports and data. 7.64. REMEDIES IN THE EVENT OF DEFAULT If an Event of Default occurs, the Proposer shall be liable for all damages resulting from the default, including but not limited to: A. Lost revenues; B. The difference between the cost associated with procuring services hereunder and the amount actually expended by the City for procurement of services, including procurement and administrative costs; and, C. Such other damages that the City may suffer. 117 42 The Proposer shall also remain liable for any liabilities and claims related to the Proposer’s default. The City may also bring any suit or proceeding for specific performance or for an injunction. 7.65. BANKRUPTCY The City reserves the right to terminate this contract if, during the term of any contract the Proposer has with the City, the Proposer becomes involved as a debtor in a bankruptcy proceeding, or becomes involved in a reorganization, dissolution, or liquidation proceeding, or if a trustee or receiver is appointed over all or a substantial portion of the property of the Proposer under federal bankruptcy law or any state insolvency law. 7.66. CANCELLATION FOR UNAPPROPRIATED FUNDS The obligation of the City for payment to a Proposer is limited to the availability of funds appropriated in a current fiscal period, and continuation of the contract into a subsequent fiscal period is subject to appropriation of funds, unless otherwise authorized by law. 7.67. VERBAL INSTRUCTIONS PROCEDURE No negotiations, decisions, or actions shall be initiated or executed by the Proposer as a result of any discussions with any City employee. Only those communications which are in writing from an authorized City representative may be considered. Only written communications from Proposers, which are signed by a person designated as authorized to bind the Proposer, will be recognized by the City as duly authorized expressions on behalf of the Proposer. 7.68. E-VERIFY Proposer acknowledges that the City may be utilizing the Proposer’s services for a project that is funded in whole or in part by State funds pursuant to a contract between the City and a State agency. The Proposer shall be responsible for complying with the E-Verify requirements in the contract and using the U.S. Department of Homeland Security’s E-Verify system to verify the employment of all new employees hired by the Proposer during the Agreement term. The Proposer is also responsible for e-verifying its subproposers, if any, pursuant to any agreement between the City and a State Agency, and reporting to the City any required information. The Proposer acknowledges that the terms of this paragraph are material terms, the breach of any of which shall constitute a default under this Agreement. 7.69. BUDGETARY CONSTRAINTS In the event the City is required to reduce contract costs due to budgetary constraints, all services specified in this document may be subject to a permanent or temporary reduction in budget. In such an event, the total cost for the affected service shall be reduced as required. The Proposer shall also be provided with a minimum 30-day notice prior to any such reduction in budget. 7.70. COST ADJUSTMENTS The cost for all items as quoted herein shall remain firm for the first term of the contract. Costs for subsequent years and any extension term years shall be subject to an adjustment only if increases occur in the industry. However, unless very unusual and significant changes have occurred in the industry, such increases shall not exceed 3% per year or, whichever is less, the latest yearly percentage increase in the All Urban Consumers Price Index (CPU-U) (National) as published by 118 43 the Bureau of Labor Statistics, U.S. Dept. of Labor. The yearly increase or decrease in the CPI shall be that latest index published and available ninety (90) days prior to the end of the contract year than in effect compared to the index for the same month one year prior. Any requested cost increase shall be fully documented and submitted to the City at least ninety (90) days prior to the contract anniversary date. Any approved cost adjustments shall become effective upon the anniversary date of the contract. In the event the CPI or industry costs decline, the City shall have the right to receive from the Proposer a reduction in costs that reflects such cost changes in the industry. The City may, after examination, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City, the contract can be cancelled by the City upon giving thirty (30) days written notice to the Proposer. 7.71. OSHA STANDARDS Proposer acknowledges and agrees that as Contractor for the City of Hollywood, Florida, within the limits of the City of Hollywood, Florida, will have the sole responsibility for compliance with all requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agrees to defend, indemnify and hold harmless the City of Hollywood, Florida, its officials, employees, service providers, and its agents against any and all legal liability or loss the City of Hollywood, Florida may incur due to the Contractor's failure to comply with such act. 119 44 8. PROPOSAL SUBMISSIONS The responsibility for submitting a bid/proposal on or before the time and date is solely and strictly the responsibility of the bidder/proposer, the City will in no way be responsible for delays caused by technical difficulty or caused by any other occurrence. No part of a bid/proposal can be submitted via FAX or via direct Email to the City. No variation in price or conditions shall be permitted based upon a claim of ignorance. 8.1. SUBMITTAL FORMAT* The items below are required components of your solicitation response in order for your bid/proposal/submittal to be consider responsive and responsible. Please confirm this submittal includes the following items in this checklist: A. Title Page: Show the RFP title/number, firm’s name, address, telephone number, contact person, email, and date. B. Table of Contents: Clearly identify the material by section title and page number, including the following sections: 1. Approach and Methodology 2. Environmental benefits 3. Vendor Capabilities 4. Driver's Qualifications 5. Firm's Qualifications 6. ADA Compliance 7. Maintenance/Recovery Plan 8. Risk Mitigation Plan 9. References 10. Pricing 11. Additional/Pertinent Information (Optional) C. Forms and Certifications (Completed) 1. This Submittal Checklist Confirmation 2. Bid Form (Pricing) 3. Vendor Reference Form* 4. Hold Harmless and Indemnity Clause 5. Non-Collusion Statement 6. Sworn Statement…Public Entity Crimes 120 45 7. Certifications Regarding Debarment 8. Drug-Free Workplace Program 9. Solicitation, Giving, and Acceptance 10. W-9 (Request for Taxpayer Identification) 11. Certificate(s) of insurance that meet the requirements of the #SPECIAL TERMS AND CONDITIONS section. 12. Proof of State of Florida Sunbiz Registration 13. Acknowledgement and Signature Questionnaire This checklist is only a guide, please read the entire solicitation to ensure that your submission includes all required information and documentation. ☐ Please confirm *Response required 8.2. Bid Form * Upload pricing information in accordance with the scope and using the structure of Exhibit C - Pricing. Creative and optional pricing can be uploaded as separate attachments. *Response required 8.3. Vendor Reference Form* Please download the below documents, complete, and upload for each vendor reference. A Minimum of three (3) references are required. • Vendor_Reference_Form.pdf *Response required 8.4. Hold Harmless and Indemnity Clause * I, an authorized representative, the contractor, shall indemnify, defend and hold harmless the City of Hollywood, its elected and appointed officials, employees and agents for any and all suits, actions, legal or administrative proceedings, claims, damage, liabilities, interest, attorney’ s fees, costs of any kind whether arising prior to the start of activities or following the completion or acceptance and in any manner directly or indirectly caused, occasioned or contributed to in whole or in part by reason of any act, error or omission, fault or negligence whether active or passive by the contractor, or anyone acting under its direction, control, or on its behalf in connection with or incident to its performance of the contract. ☐ Please confirm *Response required 121 46 8.5. Non-Collusion Statement* I, being first duly sworn, depose that: A. He/she is an authorized representative of the Company, the Proposer that has submitted the attached Proposal. B. He/she has been fully informed regarding the preparation and contents of the attached Proposal and of all pertinent circumstances regarding such Proposal; C. Such Proposal is genuine and is not a collusion or sham Proposal; D. Neither the said Proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Proposer, firm or person to submit a collusive or sham Proposal in connection with the contractor for which the attached Proposal has been submitted or to refrain from bidding in connection with such contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Proposer, firm or person to fix the price or prices, profit or cost element of the Proposal price or the Proposal price of any other Proposer, or to secure an advantage against the City of Hollywood or any person interested in the proposed Contract; and E. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. ☐ Please confirm *Response required 8.6. Sworn Statement Public Entity Crimes* Please download the below documents, complete, and upload. • Sworn_Statement_Public_Enti... *Response required 8.7. Certifications Regarding Debarment, Suspension and Other Responsibility Matters* The applicant certifies that it and its principals: Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with 122 47 obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default. ☐ Please confirm *Response required 8.8. Drug-Free Workplace Program* A. IDENTICAL TIE PROPOSALS - Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie proposals will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 123 48 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program (if such is available in the employee’s community) by, any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of these requirements. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. ☐ Please confirm *Response required 8.9. Solicitation, Giving, and Acceptance of Gifts Policy* Florida Statute 112.313 prohibits the solicitation or acceptance of Gifts. “No Public officer, employee of an agency, local government attorney, or candidate for nomination or election shall solicit or accept anything of value to the recipient, including a gift, loan, reward, promise of future employment, favor, or service, based upon any understanding that the vote, official action, or judgment of the public officer, employee, local government attorney, or candidate would be influenced thereby.” The term “public officer” includes “any person elected or appointed to hold office in any agency, including any person serving on an advisory body.” The City of Hollywood/Hollywood CRA policy prohibits all public officers, elected or appointed, all employees, and their families from accepting any gifts of any value, either directly or indirectly, from any contractor, vendor, consultant, or business with whom the City/CRA does business. The State of Florida definition of “gifts” includes the following: • Real property or its use, • Tangible or intangible personal property, or its use, • A preferential rate or terms on a debt, loan, goods, or services, • Forgiveness of indebtedness, • Transportation, lodging, or parking, • Food or beverage, • Membership dues, • Entrance fees, admission fees, or tickets to events, performances, or facilities, • Plants, flowers or floral arrangements • Services provided by persons pursuant to a professional license or certificate. • Other personal services for which a fee is normally charged by the person providing the services. 124 49 • Any other similar service or thing having an attributable value not already provided for in this section. Any contractor, vendor, consultant, or business found to have given a gift to a public officer or employee, or his/her family, will be subject to dismissal or revocation of contract. As the person authorized to sign the statement, I certify that this firm will comply fully with this policy. ☐ Please confirm *Response required 8.10. W-9 (Request for Taxpayer Identification)* Please download the below documents, complete, and upload. • W-9.pdf *Response required 8.11. List of Subcontractors* Please download the below documents, complete, and upload. • Form_14_-_List_of_Subcontra... *Response required 8.12. Certificate of Insurance* See requirements in the #SPECIAL TERMS AND CONDITIONS section. *Response required 8.13. Proof of Sunbiz Registration* Enter company FEIN to be verified in Sunbiz *Response required 8.14. ACKNOWLEDGMENT AND SIGNATURE PAGE 8.14.1. If Corporation - Date Incorporated/Organized:* *Response required 8.14.2. State Incorporated/Organized:* *Response required 8.14.3. Remittance Address* *Response required 8.14.4. Bidder/Proposer’s Authorized Representative’s Typed Full Name* *Response required 125 50 8.14.5. IT IS HEREBY CERTIFIED AND AFFIRMED THAT THE BIDDER/PROPOSER CERTIFIES ACCEPTANCE OF THE TERMS, CONDITIONS, SPECIFICATIONS, ATTACHMENTS AND ANY ADDENDA. THE BIDDER/PROPOSER SHALL ACCEPT ANY AWARDS MADE AS A RESULT OF THIS SOLICITATION. BIDDER/PROPOSER FURTHER AGREES THAT PRICES QUOTED WILL REMAIN FIXED FOR THE PERIOD OF TIME STATED IN THE SOLICITATION.* ☐ Please confirm *Response required 8.14.6. THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF BIDDER/PROPOSER TO BE BOUND BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE BID/PROPOSAL NON- RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY BID/PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE BIDDER/PROPOSER TO THE TERMS OF ITS OFFER.* ☐ Please confirm *Response required 8.14.7. Proposal Upload* Submit entire proposal including Title Page, Table of Contents, etc. *Response required 126 City-Wide Micro-Transit Services 16 of 18 EXHIBIT C – Company’s Proposal 127 A. Title Page Request for Proposal RFP 045 23 SK For The Citywide micro-transit Services City of Hollywood, Florida Prepared for: City of Hollywood Senior Purchasing Agent Attn: Simone Knight 2600 Hollywood Boulevard Room 303 Hollywood, FL 33020 Date:March 8, 2023 Prepared by:Circuit Transit Inc 777 S Flagler Drive Suite 800 W West Palm Beach, FL 33401 Contact Person:Jason Bagley, National Partner jason@ridecircuit.com | 305 494 1612 128 A.1 Cover Letter Circuit Transit Inc ridecircuit.com March 8, 2023 City of Hollywood Senior Purchasing Agent Attn: Simone Knight 2600 Hollywood Boulevard Room 303 Hollywood, FL 33020 Re: Request for Proposals RFP 045 23 SK for The City of Hollywood, Florida Citywide micro-transit Services Dear City of Hollywood, This submission is in response to the Request for Proposals RFP for City of Hollywood micro-transit Shuttle Service.Thank you for the opportunity to submit our proposal to the City of Hollywood. This proposal will show that Circuit Transit Inc (operator of Hollywood Sun Shuttle and Fort Lauderdale Circuit, etc.) has the proven capabilities and background in providing a sustainable on-demand shuttle program, as well as relevant and specific experience in Broward County, local knowledge and familiarity with the City. Circuit is an active service provider in Hollywood, Florida, that is responsible for the successful deployment and management of the Sun Shuttle as well as similar services with Cities in South Florida, Brightline Trains and other Cities in NY, NJ, CA and TX. Circuit provides all electric, first/last mile solutions that help move people in local communities and bridge gaps between riders and existing transit. By using fleets of electric vehicles, leveraging the data from its ride-request app, and working with top advertisers, Circuit is able to provide an eco-friendly, data-centric and efficient solution that promotes circulation, reduces parking congestion, promotes local economic development, reduces vehicle miles traveled, encourages alternate options, creates local jobs, and covers the last mile conveniently and affordably to the rider. Circuit has worked with the CIty of Hollywood and the Hollywood Community Redevelopment Agency since 2019 to design, build, and manage the Hollywood Sun Shuttle. The program is currently moving around 12,000 riders per month, is responsible for creating approximately 20 jobs, and has continued to improve and become a fixture of the Hollywood Community. Together, we have been able to craft a program that has gotten the attention of the press, local officials and nearby Cities; several of which have since enacted similar programs of their own. Hollywood has set an example for efficient, eco-friendly mobility that changes how communities move. The Sun Shuttle has “Exceed(ed) Expectations”1 and the overwhelming demand from riders has showcased the need for transportation services in the City. The team is excited about the opportunity to build upon the existing services and craft an updated approach to the community. 1 https://hollywoodgazette.com/sun-shuttle-is-very-successful/ City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 2 of 123 129 Circuit is the largest and most experienced operator of shared, on-demand, last-mile EV shuttle services in the US. With successful operations in 40 markets across South Florida, California, Texas, New York, New Jersey, and California, Circuit provides both national expertise and local experience. In South Florida, Circuit operates in Fort Lauderdale, Pompano Beach, Hollywood, West Palm Beach, Palm Beach, and Miami, as well as a 40 cars servicing Brightline Trains, across 5 stations in the area. With more than 350 employees and 190 vehicles, Circuit has the team, resources and experience to optimize mobility for Hollywood. Over the past five years, Circuit has engaged with stakeholders and businesses in the City of Hollywood and is very familiar with the local transportation needs and community. We have years of data that can be used to improve this program and inform the City of the movement of residents and visitors. The community support has been incredible and we’re honored to be a part of Hollywood’s growth. The company's officers and project leads are as follows: Alexander Esposito CEO / Co-Founder Email: alex@ridecircuit.com Tel: 516 446 8513 Address: 780 S. Sapodilla Ave West Palm Beach, FL 33401 Jason Bagley Partner, National Operations Email: jason@ridecircuit.com Tel: 305 494 1612 Address: 1305 SW 8th Ave Fort Lauderdale, FL 33315 Alexander and Jason have the authority to negotiate and contractually obligate the company. Jason will be the primary point of contact for this program and can be contacted for further clarification. If selected, we are committed to working with the City to provide a turn-key on-demand service designed to meet the needs outlined in this RFP. Circuit appreciates your review of our submission and welcomes any questions that you may have. Sincerely, Jason Bagely Partner, Circuit Transit Inc Circuit’s corporate headquarters are located at 777 S. Flagler Drive, Suite 800 West Tower, West Palm Beach, FL 33401. Circuit also has local offices located at 2031 Harrison St, Hollywood, FL 33020 and existing infrastructure, including a large local fleet of all electric Polaris GEMs e6, electric sedans, and electric passenger vans. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 3 of 123 130 B. Table of Contents A. Title Page 1 A.1 Cover Letter 2 B. Table of Contents 4 B1. Approach and Methodology 7 B1.1 Service Planning, Research and Analysis 7 B1.1.1 Existing Services in Hollywood and South Florida 8 B1.1.2 Local Research, Current Hollywood Sun Shuttle, and Discovery 10 B1.2 Our Project Plan 15 B1.2.1 Proposed Operating Plan:16 B1.2.2 Alternate Options for On-Demand Services 21 B1.2.3 Alternate Operating Plan A 21 B1.2.3 Alternate Operating Plan B 22 B1.2.4 Alternate Operating Plan C 23 B1.2.2 Drivers 25 B1.2.3 Technology 26 B1.2.4 Timeline 27 B1.2.4 Project Team and Organizational Chart 27 B2. Environmental & Sustainability Benefits 29 B3. Vendor / Contractor Capabilities 30 B3.1 Background on Circuit 30 B3.2 General Company Information CONFIDENTIAL 31 B3.3 Financial Capabilities CONFIDENTIAL 34 B3.4 Revenue and Funding Capabilities 34 B3.4.1 Advertising Capabilities 34 B3.4.2 Fare Revenue Capabilities CONFIDENTIAL 35 B3.4.3 Grant Sourcing Capabilities 36 B3.5 Technological Capabilities CONFIDENTIAL 36 B3.5.1 Ride Request App 37 B3.5.2 Driver App Capabilities 38 B3.5.3 On Demand Coverage Zones and the Smart Stop Approach 39 B3.5.4 Using Data to Steer Service Operations 39 B3.6 Vehicle Capabilities 40 B3.7.1 Vehicle Maintenance Capabilities 42 B3.7 Driver Capabilities 43 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 4 of 123 131 B3.7.1 Driver Model 43 B3.8 Customer Service Capabilities 45 B4. Driver’s Qualifications 46 B4.2. Training 47 B4.2.1 Certifications 48 B4.2.2 Drug Testing and Hiring Standard 48 B5. Firm’s Qualifications and Experience 48 B5.1 Experience Overview 49 B5.1.1 Experience Overview 49 B5.1.2 Neighborhood Electric Vehicle Operations & Maintenance Experience 49 B5.1.3 Micro-Transit Operations Experience 50 B5.1.4 Community Engagement Experience 51 B5.2 Project Experience 53 B5.2.1 Past Project Experience- Hollywood Sun Shuttle 53 B5.2.2 Past Project- FRED 54 B5.2.3 Additional Past Project Experience 55 B5.3 References 55 B5.4 Customer Testimonials Confidential)56 B6. ADA Compliance 57 B6.1 ADA Compliance Plan 57 B7. Maintenance / Recovery Plan 58 B7.1 Commitment to Avoid Service and Operation Disruptions 58 B7.2 Scenario Response 59 B8. Risk Mitigation 59 B8.1 Emergency Management Plan 59 B8.2 Risk Mitigation Plans 60 B9. Local Vendor Preference 63 B9.1 Local Hollywood Presence 64 B10. Pricing 66 B10.1 Fixed Pricing Rate Proposed Option 66 B10.2 Circuit Alternative Pricing Options Hollywood RFP 2023 68 B10.3 Unbanked Riders 70 C. Completed Forms and Certifications 71 C1. This Submittal Checklist Confirmation 71 C2. Bid Form Pricing) CONFIDENTIAL 72 C3. Vendor Reference Forms 75 C4. Hold Harmless and Indemnity Clause 78 C5. Non-Collusion Statement 79 C6. Sworn Statement…Public Entity Crimes 80 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 5 of 123 132 C7. Certifications Regarding Debarment 82 C8. Drug-Free Workplace Program 83 C9. Solicitation, Giving, and Acceptance 84 C10. W 9 Request for Taxpayer Identification)85 C11. List of subcontractors 86 C12. Certificate(s) of insurance 87 C13. Proof of State of Florida Sunbiz Registration 89 Appendix 91 Appendix 1 Letters of Support 91 Appendix 1.1 Rider Letter of Support:91 Appendix 1.2 Letters of Support:98 Appendix 1.2.1 Water Taxi 98 Appendix 1.2.2 Downtown Development Authority, WPB 99 Appendix 1.2.3 Cityfi 100 Appendix 1.2.4 Billy’s Stone Crab 101 Appendix 1.2.5 World Tire Inc.102 Appendix 1.2.6 Margaritaville 103 Appendix 1.2.7 Le Tub, Tiki Tiki, GG’s 104 Appendix 1.2.8 Diplomat Beach Resort Valet Services)105 Appendix 2 Example of Data Report 106 Appendix 2.1 February 2023 Hollywood Data Report 106 Appendix 3 Case Studies 112 Appendix 3.1 Hollywood Case Study 112 Appendix 3.2 Brightline Case Study 115 Appendix 3.3 San Diego Case Study 118 Appendix 4 Additional Past Project Experience 120 Appendix 4.1 New Rochelle NY 120 Appendix 4.2 Brightline 120 Appendix 4.3. West Palm Beach, FL 121 Appendix 4.4 Pompano Beach, FL 121 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 6 of 123 133 B1. Approach and Methodology In 2019, Circuit and the City of Hollywood crafted one of the most advanced Neighborhood Electric Vehicle NEV shuttle services that had ever been deployed in Florida. Circuit is very pleased to provide our plan to the City of Hollywood in its endeavor for the next generation of transportation access in Hollywood. Circuit is eager to continue to operate the Hollywood Sun Shuttle as an active, engaged and embedded partner of the City and business communities. We are very excited to evolve the current Sun Shuttle service and match the needs of the RFP. We understand that the City wants to offer dynamic allocated routes and schedules to match consumer demand and support the upcoming fixed route community shuttle services. Over the last four years, Circuit and the City of Hollywood have worked in partnership to provide residents and visitors with a micro-transit mobility offering that is effective, sustainable, supports the local business community and provides a fun experience for riders. We look forward to the next iteration of transportation offerings in Hollywood, and hope that with our carefully crafted service operations plan, we will continue to work in partnership to support the City's transportation goals for its residents and visitors. The team at Circuit is incredibly proud of the work it’s accomplished with the City of Hollywood over the past 4 years.“Sun Shuttle Exceeds City’s Expectations” Hollywood Gazette) was in the headline of an article a few months after the service started and the service, team and technologies have continued to improve ever since. Not only is the Sun Shuttle exceeding the City’s expectations, together we’ve crafted a service that is exceeding the performance of nearly every other On-Demand service in the country. Since starting, other new vendors have come about and new technologies have been introduced, but when comparing ridership, ridership per vehicle hour, rider feedback and the cost per rider, there are few, if any services, run by other operators that have been able to achieve the demand and performance that we have in Hollywood. We’re committed to the City and committed to improving the Sun Shuttle for years to come. B1.1 Service Planning, Research and Analysis We've spoken with our Managers, Supervisors and Driver Ambassadors, surveyed riders, analyzed our historical data, and are confident that we can continue to deliver, and improve upon, a successful mobility option for the residents, visitors and community members of the City of Hollywood as we have since 2019. With 12 years, 190 vehicles, 9 states and 24 cities of operations, Circuit brings its national experience and network to the benefit of each City it works with. Our roots are in South Florida and specifically Broward and Palm Beach counties, where we have operated since 2011. Based on RFP Exhibits A and B, and the desire to operate three separate micro-transit zones, we have designed a service that is supportive of the City's goals, will continue to partner with the business community, is user friendly for the residents and visitors and complementary to the City's upcoming fixed-route community shuttles. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 7 of 123 134 B1.1.1 Existing Services in Hollywood and South Florida Since 2019, the City of Hollywood has partnered with Circuit to provide a 100% electric micro-transit solution for residents and visitors. For just $2 per rider, the Circuit-operated Hollywood Sun Shuttle takes riders anywhere within the coverage area zone through our on-demand app or by waving down a driver. Hollywood has been a model city in the region and the services have been highly utilized and immensely popular among riders in the community. For more information on the existing service, please see below: Hours of Service ●Monday:10 00am 9 00pm ●Tuesday:10 00am 9 00pm ●Wednesday:10 00am 9 00pm ●Thursday:10 00am 9 00pm ●Friday:10 00am 10 00pm ●Saturday:10 00am 10 00pm ●Sunday:10 00am 9 00pm Total hours of operation/week: 79 Vehicles ●Eight 5 Passenger 6 seat) GEM Vehicles available during the Summer Months ●Ten 5 Passenger 6 seat) GEM Vehicles available during the Winter and High Season Months ●One ADA 3 Passenger 4 seat) GEM Vehicle available year round ●One 12 Passenger 13 seat) Ford E Transit Electric Van Drivers/ Ambassadors: ●19 Total Staff, 14 of which are Hollywood Residents City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 8 of 123 135 ○7 Full Time ○12 Part Time Ridership: ●Total Riders/Month (past three months since RFP March 2023 submission) ○Jan 2023 11,070 ○Feb 2023 11,803 ●Average Riders/Ride (past three months since RFP March 2023 submission) ○Jan 2023 1.75 ○Feb 2023 1.88 ●2022 Total Ridership in Hollywood 146,710 riders! Note: These are logged riders and may skew 8 14% below the actual ridership Fare: ●Free (from launch in April 2019 to April 2021 ●$1 (started April 2021 ●$2 (started April 2022 to Present) ●$18,399 (returned/credit to City of Hollywood in February 2023 Coverage area: FEBRUARY 2023 HEATMAP CURRENT GEOFENCED SERVICE AREA Western Hollywood Pilot Service Expansion- starting March 13 2023 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 9 of 123 136 Upcoming March 2023 Western Hollywood Service Expansion Pilot Circuit,at no additional expense to the City, and in an effort to further support understanding Hollywood travel patterns, is working with the City Engineering department to conduct a pilot program using EV vans and our existing rider app to offer service west of our existing coverage area. If selected for the RFP we hope to leverage the information from this pilot to better inform the structure of future MTZ Zone 3 services. B1.1.2 Local Research, Current Hollywood Sun Shuttle, and Discovery After reviewing the details of the RFP, we immediately began our planning and analysis process. Fortunately, with four years of operating experience in Hollywood, FL, we were able to leverage feedback from our existing riders, driver ambassadors and the local business community, our review of the RFP and the Counties transportation systems, and use historical data from our Circuit on-demand rider and driver applications as well as our growing and evolving data reporting dashboard, to inform what we believe are the best options for the community within the parameters of the RFP. What We’ve Learned from Our Riders, Drivers and the Local Business Community City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 10 of 123 137 In evaluating this opportunity, we started with the community. We hit the streets, spoke with Driver Ambassadors, rode along with our riders, and reviewed rider feedback from our application and our rider surveys: Feedback from our drivers ●We are the “tour guides” for the city! Our Driver Ambassadors know Hollywood, and we help bring people back to Hollywood. The resorts, hotels, businesses, all rely on us to help drive business. ●Residents would like us to expand to additional areas, including areas further West. ●More Circuit cars on the road- leading to faster pick up times and less delays! ●There are four major categories of people who use this service. ○Senior population 65 relies on Circuit to get to the grocery store, post office, pharmacy. Some do not have cars and are on fixed incomes. They need Circuit more than ever, we have developed trust with many Hollywood seniors, and they’ve come to rely on the service. For some, it is a necessity for them. ○Tourists and visitors often say “I wish I had this in our city! Many report to us that they love using the service; knowing Circuit is there gives visitors a peace of mind, that is why they love coming back to Hollywood and exploring the Downtown area. ○Residents and commuters who use Circuit to get to work every day. ○Local residents use us to get to the beach and businesses downtown as a hassle and drive-free option. Feedback from riders ●“Keep Circuit going. Your drivers are very nice. Circuit is much needed and much appreciated.” ●“Circuit prevents a lot of DUIs, accidents, and potential loss of life.” ●“Circuit is one of the things that makes Hollywood great ” ●“I enjoy Circuit. I love it when it's a nice day to just sit and relax while someone else drives.” ●“Circuit is great, I love having the windows-down, casual transportation option.” ●“With Circuit, I never have to worry about sitting in traffic with my car. I take it to/from my home to downtown and the restaurants at the Boardwalk, all while helping the environment- no gas! I love it!” ●“Circuit is a blessing for me. I don’t have a car and I’m handicapped, so I’m limited in my ability to walk distances. Circuit allows me to go grocery shopping, run errands, and even go to the beach. Im super grateful- we need more Circuit everywhere- protect our earth from car pollution and continue to offer low cost rides. Thank you.” Feedback from local business community ●“Circuit is a great addition to the community helping locals and tourists safely move around the city in an eco friendly manner. During the COVID 19 Pandemic, Billy's stone crab and Circuit teamed up for deliveries to help people during quarantine. Thank you for your amazing services and helping our community!” Billy’s Stone Crab ●"We are very pleased with the results of our marketing efforts with Circuit. The combination of a wrapped vehicle along with conscientious coupon distribution by the drivers has been very effective for Rita's of Hollywood." Jody Ralfkind, Rita’s, Marketing & Community Outreach Director Letters of Support- Hollywood Riders City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 11 of 123 138 In addition to the Business Support Letter, Circuit recently also published a “Letter of Support” that went out to Hollywood Sun Shuttle riders. The document received over 122 signatures, ranging from residents 72 , visitors 40 , local business owners 7 , and others 3 . Please view Appendix 1 to reference the Letter of Support Riders) and Signatures. Letters of Support- Local Businesses We’ve received numerous Letters of Support from local businesses which can be seen in Appendix 1.2 Hollywood Sun Shuttle Rider Survey We conducted a survey at the end of 2022, prior to the RFP being released and to obtain qualitative feedback from riders in Hollywood. The survey received 700 responses from South Florida Circuit riders and 141 of these respondents noted that they use Circuit primarily in Hollywood. Based on the questions and responses we learned: ●94% responded “Yes” to the question “Do you think Circuit is a good addition to your community?” ●81% responded “Yes” to the question, “Does Circuit help you save money on transportation?” ●88% responded “Yes” to the question “Would you like to see more Circuit cars in service?” We were also excited to see the large number of respondents that used the service to go to Grocery Stores, Restaurants, Local Stores, and other areas of commerce. Based on our assessment and analysis of weighted average “spends” in these types of businesses, current ridership and industry publications2, we can confidently say that the service contributes to over $350k/month in economic activity. 2 https://www.apta.com/research-technical-resources/research-reports/economic-impact-of-public-transportation-investment/ City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 12 of 123 139 February 2023 Data Analysis from Existing Sun Shuttle and Methodology From this February 2023 Data Review we learned: ●Top 5 Pickup Locations and Dropoff located continue to skew towards serving leisure riders ●49% of the monthly rides were “pooled” meaning there are more than one group per ride. This is a key component to combating congestion and a key feature of the Circuit App. ●The busiest time of service is 3pm-6pm, however some riders have indicated they’d like to be able to use the service to commute in the morning In February 2023, the top five drop off and pick up areas for the Hollywood Sun Shuttle overwhelmingly showcased ridership patterns that riders are using the Sun Shuttle for shopping at Publix and for leisure trips to and from restaurants downtown and the beach. As showcased below in ridership broken down both hourly and weekly, weekend trips see the busiest service days with service dipping on Wednesdays. Ridership sees daily peak times between 2pm and 6pm, and begins to drop off by 7pm. February 2023 Ridership Average Weekday Ridership City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 13 of 123 140 February 2023 Ridership Average Hourly Ridership February 2023 Heatmap Top Five Pickup Locations Feb 2023 Address 1 Margaritaville Hollywood Beach Resort 2 Publix Supermarket at Hollywood Circle City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 14 of 123 141 Address 3 Mobility Hub 320 Johnson St. Hollywood FL 33019 4 Beach Pickup 1111 N Ocean Dr. Hollywood FL 33019 5 The Diplomat 3555 S Ocean Dr. Hollywood FL 33019 Top Five Drop off Locations Feb 2023 Address 1 Margaritaville Hollywood Beach Resort 2 Publix Supermarket at Hollywood Circle 3 GG’s Waterfront Ocean Resort 4 Twin Peaks Hollywood Blvd 5 DoubleTree Resort by Hilton Hollywood Beach In determining expected ridership and number of cars needed, Circuit’s team analyzed past and current Sun Shuttle data, in contrast to the given upcoming Community Shuttle routes and schedules, to determine the best service hours for the MTZ zones, and how this will impact fares and net costs. Circuit can use this data to help the City and County in crafting community shuttle routes and stops. Circuit, if the City is interested in pursuing this option, can also set up predetermined pickup and dropoff spots around the zone that align the upcoming stops for the community shuttle routes. Example: Red Line Route from Exhibit A of the RFP Left) and a heatmap of common pickup and dropoff areas from Circuit’s database Right). B1.2 Our Project Plan City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 15 of 123 142 Circuit understands the City’s Goals for this RFP and we have crafted a program that meets the needs of the community and is confident that in partnership with the upcoming Community shuttles, the Hollywood Sun Shuttle will continue to support mobility options and reduce traffic congestion. We're one of the few providers with experience operating numerous electric vehicles (and types of electric vehicles) as part of the same fleet. The existing Sun Shuttle’s fleet includes standard and ADA GEM Neighborhood Electric Vehicles NEVs) and Ford E Transit EV Vans. Expanding upon our existing fleet of electric vehicles, existing team of local W2 driver ambassadors, and the Circuit on-demand rider and driver mobile applications, Circuit is prepared to continue to deliver best in class services for the City of Hollywood, as detailed in our operating plan and alternative plans listed below. B1.2.1 Proposed Operating Plan: Circuit is willing and eager to run a program that is designed to meet all of the requirements of this RFP. Additionally, as detailed in the alternate options below, Circuit would like to work with the City to explore what modifications to the service details, operating hours, vehicle types and coverage areas can be adopted in an effort to maximize cost savings, the effectiveness of the on-demand services and to promote ridership on the fixed route Community Shuttles.Circuit is also willing to pilot new areas of Hollywood to test and determine needs, usage and long term feasibility of the respective communities. Following the guidelines set forth in the RFP, Circuit will structure a service that adheres to the City’s vision, however Circuit has also offered a few alternative options for consideration. If selected, the Circuit team would love to work closely with City staff and local stakeholders to review and refine the operating plan as desired, to best meet the needs of the community within the available budget. These plans can all be adjusted and it is our hope that these examples provide further context around what modifications might be considered. Proposed Operating Plan Quick Facts: ●Total Hours Per Week:56 ●Total # of EV Vans 4 ●Total # of GEM NEV Cars:2 NEV 1 Standby ADA NEV at no additional cost to the City 3 ●Expected AVG Fare/Rider:$2 ●Structured:3 Separate Zones ●Notes:This option is based on the hours indicated by the RFP, broken out by the zones indicated in the RFP and within the range of the current service budget. This service would reduce the number of hours compared to the current operation. Days & Hours of Operation Based on our existing data we propose the following service hours per zone. Based on seasonality and demand patterns we can amend these hours as needed or at the request of the City of Hollywood. ○MTZ Zone 1 Seven days a week, eight hours a day 12 8pm ET ○MTZ Zone 2 Seven days a week, eight hours a day 12 8pm ET ○MTZ Zone 3 Seven days a week, eight hours a day 10am 6pm ET City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 16 of 123 143 Coverage Areas MTZ Zone 1 MTZ Zone 2 MTZ Zone 3 *Note: MTZ 3 could be extended in the northeast corner to include service for the Hollywood Tri-Rail Station City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 17 of 123 144 Vehicles Seven 7 Vehicles in Total ●Three 3 Ford E Transit EV Van ○Electric Vehicle ○Model year 2022 or newer, all weather ○12 passenger seats + driver, 0 ADA positions ●One 1 Wheelchair Accessible Ford E Transit EV Van ○8 passenger seats + driver, 1 ADA position ○Flexible to move to any of the MTZ’s when and ADA trip is requested ●Two 2 GEM e6 Neighborhood Electric Vehicle) NEV vehicles ○Electric Vehicle ○Model year 2020 or newer, all weather ○5 passenger seats + driver, 0 ADA positions ●One 1 Wheelchair Accessible GEM NEV vehicles Bonus No Additional Cost) ○Electric Vehicle ○Model year 2020 or newer, all weather ○3 passenger seats + driver, 0 ADA positions Vehicle allocation by zone ●MTZ 1 1 Ford eTransit EV Van, 1 GEM NEV ●MTZ 2 1 Ford eTransit EV Van, 1 GEM NEV ●MTZ 3 2 Ford eTransit EV Vans ●Total 7 6 Vehicles + 1 Extra Standby ADA NEV One Ford EV Van is a Wheelchair Accessible Vehicle WAV with eight passenger seats including the wheelchair, as well as one ADA GEM with four passenger seats including the wheelchair. The ADA Van will be available to move between zones as needed. As we already have a Sun Shuttle branded Wheelchair Accessible GEM car in the market we would bonus that vehicle at no additional cost to the City. Per our existing Sun Shuttle ridership data, we see 6 8 WAV requests per month on average. For this program, we propose all-electric GEM e6 vehicles and Ford E Transit EV Vans- one of which is wheelchair accessible WAV . These cars will operate in a demand-based coverage area with point to point service where riders can request a ride to/from any location within the geo-fenced service map. These vehicles allow for easy boarding and Circuit’s pooling algorithm will further reduce single occupancy vehicle trips by linking riders headed in the same direction, with parameters specified in coordination with the City. For further information about these vehicles and their specifications and capabilities please refer to Section B3.6 Vehicle Capabilities. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 18 of 123 145 Fares Historical Information Sun Shuttle initially started as free to the user. In April of 2021, at a renewal of the contract, Circuit was asked to implement a $1 fare to control demand and offset some cost to the City. In April of 2022 it was decided to increase the fare to $2 per rider after the initial success of the fare implementation. Fortunately, we found that the fares did not negatively impact total ridership, and in fact led to higher efficiency due to reduced cancellations from riders. The Sun Shuttle service has been incredibly popular, so there are times where demand outweighs supply and wait times begin to climb. The fare program is a valuable tool in controlling demand and reducing cancellations. Proposed Fare Rate Confidential) The $2 rate continues to be met with little resistance, has helped efficiency, and reduced frivolous trips. We are confident that for this expanded service $2 would continue to be an appropriate fare, with the potential to increase to $3 per rider for on demand service. It could be capped at a set amount so that large groups are not paying $12 or $15 but rather cap the group fare at $7. Additionally, Circuit is building a zone pricing feature in its app so that it will be able to offer the City the option to adjust pricing based on zones. For example, the structure could be set that within a single zone the fare is $2, however if you travel between zones it increases to $3. There is also the option to provide free rides via promo codes. Hollywood riders could ride free in September, for example. Partnership with the Local Business Community We appreciate the City's intentions to tie in with the local business community and we've demonstrated our ability to work with local businesses in Hollywood, working with partners like The Water Taxi, Billy’s Stone Crabs, the Hollywood CRA to promote local events such as Art Walk, Hollyweird and Dream Car Classic, and other local stores, restaurants, and attractions. We've also built a system where we can pre-sell discount/promo codes to businesses so they can offer those codes to their customers. For example, Rita’s is one of our current advertisers, and we can provide “discount coupons” to riders, driving business to the local Rita’s stores. This concept has been well received and we will make an effort to review this, and other ways to encourage buy-in from the local business community through targeted marketing campaigns and activities. We also work with the City of Hollywood and their Marketing team on awareness and education activations, such as the “Turtle Nesting” campaign from March 2023 October 2023. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 19 of 123 146 Grocery Distributions (during COVID , in partnership with Feeding South Florida City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 20 of 123 147 B1.2.2 Alternate Options for On-Demand Services Our alternative approaches are explained in more detail below, and have the capabilities to make the micro-transit service more robust and cost effective. While increased services may increase total costs, these services allow the City to get more “bang for the buck”. Circuit is prepared to operate the service in adherence to the RFPs specifications as we have laid out in our proposed operating plan, but we wanted to bring to the City’s attention our alternative approaches as a means to serve more riders and provide a connection to other communities and mass transit. B1.2.3 Alternate Operating Plan A The 1st element of the proposed alternative plan involves joining MTZ 1 and 2 in an effort to provide more circulation along the barrier island and around downtown as well as seamless connectivity between downtown and the beach. Coverage Areas Alternate combined MTZ 1 & 2 to service the barrier island and downtown and to connect both later in the evening after some Community Shuttle routes ceases operations at 5pm City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 21 of 123 148 Alternate MTZ 3 service area to include Hollywood Tri-Rail station and the option to extend to Memorial Regional Hospital Alternate Option A Quick Facts: ●Total Hours Per Week:79 ●Total # of EV Vans 4 ●Total # of GEM NEV Cars:2 NEV 1 Standby ADA NEV at no additional cost to the City 3 ●Expected AVG Fare/Rider:$2 ●Structured:MTZ 1 and MTZ2 become combined into a bigger zone with 2 EV Vans and 2 GEMs. MTZ 3 remains as its own zone, with slightly adjusted coverage area to include Tri-Rail and Memorial Regional Hospital, serviced with 2 EV Vans. ●Notes:This option is based on the existing hours of service. This option increases the total hours of service, compared to the proposed option and hours identified in the RFP, by approx 41%, while only increasing costs by approx 22%. B1.2.3 Alternate Operating Plan B Alternate Option B Quick Facts: ●Total Hours Per Week:79 ●Total # of EV Vans Peak Season): 4 ●Total # of EV Vans Low Season): 4 ●Total # of GEM NEV Cars Peak Season):2 NEV 1 Standby ADA NEV at no additional cost to the City 3 ●Total # of GEM NEV Cars Low Season):2 NEV 1 Standby ADA NEV at no additional cost to the City 3 ●Expected AVG Fare/Rider:$2 ●Structured:MTZ 3 remains as its own zone, with slightly adjusted coverage area, MTZ 1 and MTZ 2 become combined into a bigger zone. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 22 of 123 149 ●Notes:This option is based on the existing hours of service. This option increases the total hours of service, compared to the proposed option and hours identified in the RFP. With this option, Circuit will add additional GEM Vehicles to the Hollywood market for the 6 busier months of the year and then will remove the cars from the market during the other 6 months. Circuit will cover the costs for adding and removing the vehicles and will cover the carrying costs of the vehicles not in service, at no expense to the City. Based on the current volume of riders, Circuit feels it’s necessary to add additional vehicles to the market. B1.2.4 Alternate Operating Plan C Alternate Option C Quick Facts: ●Total Hours Per Week:79 ●Total # of EV Vans Peak Season): 4 ●Total # of EV Vans Low Season): 4 ●Total # of GEM NEV Cars Peak Season): 2 NEV 1 Standby ADA NEV at no additional cost to the City 3 ●Total # of GEM NEV Cars Low Season): 2 NEV 1 Standby ADA NEV at no additional cost to the City 3 ●Expected AVG Fare/Rider:$3 ●Structured:MTZ 3 remains as its own zone, with slightly adjusted coverage area, MTZ 1 and MTZ2 become combined into a bigger zone. ●Notes:This option is based on the existing hours of service. This option increases the total hours of service, compared to the proposed option and hours identified in the RFP. With this option, Circuit will add additional GEM Vehicles to the Hollywood market for the 6 busier months of the year and then will remove the cars from the market during the other 6 months. Circuit will cover the costs for adding and removing the vehicles and will cover the carrying costs of the vehicles not in service, at no expense to the City. Based on the current volume of riders, Circuit feels it’s necessary to add additional vehicles to the market. Furthermore, Circuit will set up a new pricing model that will adjust rider pricing by zones. For example, a ride from Zone 3 to Zone 1 might be $4, but a ride within Zone 2 might be $2. This dynamic pricing model will also be structured to incentivize larger groups and increase efficiencies. With this option, as with any of the options, Circuit can work with the City to explore predetermined pickup and dropoff spots, using the Circuit Connect Smart Spot approach, adjusting pricing models for fares, zone-based pricing to adjust prices, and or a combination of these features. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 23 of 123 150 Alternate Option C Zone Mtz-1 & 2 With Smart Stops* *Actual location of Smart Stops TBD, Circuit has highlighted some popular drop-off and pick-up locations Alternate Option C Zone Mtz-3 With Smart Stops* *Actual location of Smart Stops TBD, Circuit has highlighted some popular drop-off and pick-up locations City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 24 of 123 151 B1.2.2 Drivers Circuit will leverage its existing team of experienced W2 employee Driver Ambassadors, Local Managers and Supervisors in Hollywood,ensuring service performance and company operational standards. 14 of the 19 current Hollywood Driver Ambassadors live in the Hollywood community and all Driver Ambassadors have experience operating in the proposed micro-transit coverage areas. As a reminder to the City, all of Circuit’s qualified W2, local, screened and background-checked Driver Ambassadors are a critical part of Circuit’s proposed approach to this project. Circuit has built a successful, proud team in the City of Hollywood, and hopes to use and expand this team going forward. The average tenure of our Hollywood staff is 21.8 months. Drivers are required to speak fluent English and several are bi-lingual, many also speaking fluent Spanish. Many of our drivers in Hollywood have been working in the community for multiple years, live locally and have become true ambassadors of the area. This local experience is not something that can be taught or trained and has continued to become more valuable in delivering the best quality of service for the City. For more details on our driver training, qualifications and certifications,please see section B4, below. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 25 of 123 152 Circuit’s Hollywood team, fleet of event-ready GEM NEVs, 100% Electric Vans & Teslas at Safe Streets Summit 2023 B1.2.3 Technology Since the Sun Shuttle’s launch in 2019, Circuit has used our custom proprietary mobile app to move over 500k riders.Throughout Sun Shuttle’s lifetime the service has gone through 25 app upgrades to improve bug fixes, integrate fares and deliver smarter routing capabilities. Circuit’s tech team has continued to grow, improve and roadmap new features and enhancements for 2023 and 2024. Current version of the mobile app in Hollywood, including ADA request option, 2023 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 26 of 123 153 Circuit was able to integrate fares and user payment profiles into the app in March 2021 when the service went from fare-free to $1, and again in March 2022 with the $2 fare increase. More details, including a deeper dive into Circuit’s Technology is available in Section B3.5 Technological Capabilities. B1.2.4 Timeline With robust infrastructure already in place such as experienced Hollywood Management, Supervisors, Driver/ Ambassadors, support from local Corporate staff, vehicles and maintenance, parking and charging, Circuit can seamlessly transition from existing services in Hollywood to this updated program. CIrcuit has direct access to the manufacturer and can add additional vans (beyond the current pilot with vans), within 30 days. Currently the Sun Shuttle program has been extended through July 2, 2023. Circuit is comfortable committing to operate the new service starting on, or if needed, prior to the existing contract ending. B1.2.4 Project Team and Organizational Chart Project Team Qualifications Partner/ Project Manager Jason Bagley -Jason is a National Partner at Circuit, has over 12 years of experience operating similar services in South Florida and would be the primary contact for this program. He controls all South Florida operations and comes at no cost to the City of Hollywood. Jason currently oversees Circuit’s national fleet operations for 190 vehicles and our operations with 60 vehicles in Palm Beach, Broward, and Miami counties. Jason has been operating 100% electric shuttle services in Broward County since 2011 and with his fleet expertise spends time consulting the GEM corporate technicians on vehicle diagnostics and new solutions. He will be the lead in preparing for and launching operations and will oversee local managers during operation, oversee ongoing maintenance, and coordinate any changes to service such as service expansion. He has been an integral part in launching service in several markets, as well as assisting in managing operations across the country and focusing on national quality control. Before joining Circuit in 2012, he worked as a Regional Manager for a full service National Parking and Transportation Company. He received his BA in Communication from Florida Atlantic University. Jason is based in Fort Lauderdale and is active in the community. Public Partnership Manager Alana Wortsman -Alana brings 13 years of experience in the nonprofit sector, helping to create more sustainable communities. At Circuit, she now helps manage the public-private partnerships in South Florida. Alana works with current service cities on community engagement, events, public affairs, grant opportunities, and marketing materials. Alana was born and raised on Long Island, NY and has a Communications degree from SUNY Oneonta. Alana now resides in Hollywood, FL as her place to call home. For fun, you can catch her riding her bike down Hollywood Broadwalk or running with her dog along A1A. Regional Manager Camille Santiago Manages hiring, onboarding and scheduling for all South Florida operations and comes at no cost to the City of Hollywood. Camille currently oversees and schedules roughly 35 managers, supervisors and drivers in Palm Beach and Broward counties only. Her background City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 27 of 123 154 is Community focused relations with experience in transportation related industry. Manager and shift supervisor (explained below) onboarding is crucial to service success and having a dedicated manager with experience in multiple locations but at the same time hyper-focused in one area is crucial. Area Manager Bob McCure -Bob is currently an Area Manager overseeing all day to day operations of Circuit’s Broward locations. Bob has been with Circuit since 2015 where he started as a driver in Fort Lauderdale. His positive attitude, attention to detail and effective leadership has paved the way for several promotions over the years. Today, Bob manages Fort Lauderdale, Pompano Beach and Brightline Ft. Lauderdale locations and teams. Bob has used his experience in recruiting to successfully build and retain teams which has produced several supervisors and future location managers to keep up with company growth opportunities. Bob was born and raised in Plantation and now calls Fort Lauderdale home. CEO / Co-Founder Alex Esposito Started on a hunch that shared, electric rides would help alleviate parking congestion at the beaches, Circuit (formerly The Free Ride) has evolved into a last-mile mobility solution that’s embraced by cities across the US. He has 10 years of experience in on-demand electric micro-transit services. Prior to Circuit, Alex worked as a consultant for Accenture NYSE ACN and in marketing for Vistaprint Nasdaq: CMPR . He holds a BS in Finance and MBA from Bentley University. Alex has been a featured contributor at Smart Cities NY, LA CoMotion, 20 20 Cities Boston, South Florida Safe Streets Summit, Urban-X and LACI. He’s been recognized as a Forbes Next 1000 Entrepreneur and a Association for Commuter Transportation (actweb.org) 40 under 40 award recipient. Alex is based between Circuit’s Fort Lauderdale Office. COO / Co-Founder James Mirras Oversees all national operations and will work closely with Jason Bagley to plan and set up operations, hiring processes, tech improvements, reporting processes, metrics, and any additional requests of the City of Hollywood. James is the head of Operations and Finance. He has a total of 10 years of experience in transportation services similar to those requested by this RFP. Beginning in 2011, James started the Hamptons Free Ride (now Circuit) operations in East Hampton, Southampton and Montauk, NY. His attention to detail, people skills, and strong work ethic helped create a solid foundation that the company has been able to grow from. James moves between the company’s locations, focusing on business development, management training, vendor relations and overall strategy. James received his BS in Finance from University of Florida. After graduating in 2009, he worked for Morgan Stanley NYSE Transportation Development Coordinator Isabella Downes Isabella is a Transportation Development Coordinator at Circuit, supporting sales and partnership teams to launch on-demand 1st/last mile mobility solutions. Isabella has 5 years experience working to drive innovation between public and private entities. She has launched over 10 micro-transit services that are meant to act complementary to existing transit infrastructure or as stand alone services in light of no other transit options. Isabella has published two studies exploring transportation access in various US cities and the impact access has on socioeconomic development. Isabella holds a BA in Public Relations from Wayne State University and an MA in Sustainable Urban Development from DePaul University. In addition to her role at Circuit, Isabella serves on the Young Professionals in Transportation- NYC Board as the Director of Programs Co-Chair. She is very passionate about solving complex transportation justice issues. Head of Technology Tucker Costello Tucker is the Managing Director, Internal Development for Circuit. He handles internal business and technical development. He has over 5 years of experience in transportation services similar to those requested by this RFP. He handles new app deployments, City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 28 of 123 155 including testing and ongoing support. He works closely with our operations teams to incorporate partner, driver, and rider feedback from our locations to ensure a seamless experience throughout our platform with timely and relevant updates. Tucker holds a BA from Skidmore College. Over a decade of hands-on hardware and software implementation has given him a deep understanding of how technology enhances our work. Tucker would handle the location deployment within the mobile app, testing and coordination with operations staff, handle features requests, and lead ongoing testing and technical support. In House Counsel Anita Chen -is counsel for business development. Anita received her BS in Finance and Marketing from New York University and her JD from Touro College Jacob D. Fuchsberg Law Center. Prior to law school, she worked at Bankers Trust Company in New York City as an associate in their commercial paper department. As a lawyer, she worked for LeBoeuf, Lamb, Greene & MacRae as a litigator representing clients including Lloyd’s of London, Prudential Financial and Barneys New York. After several years in the private sector, Anita joined Manhattan Legal Services representing low-income residents in New York City. She now counsels for many small-businesses including taxi medallion companies, real estate holding companies, bars and restaurants. Anita has been with Circuit since 2018. Organizational Chart B2. Environmental & Sustainability Benefits We understand and appreciate the City’s desire to implement environmentally friendly services to the City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 29 of 123 156 community. With the Sun Shuttle, Hollywood was a first-mover in Florida as it relates to deploying electric vehicles into public services. With the current Sun Shuttle program, Circuit and the City are currently helping to avoid over 9 Metric TONS of GHG emissions per month. Circuit applauds the City of Hollywood for its committed, forward thinking and dedicated approach to solving last mile, congestion, and emissions challenges and the strong commitment to a sustainable fleet. Circuit remains committed to using only 100% battery electric vehicles. The vehicles are ideal vehicles for short-range, sustainable, about-town transportation and Our 100% electric fleet exceeds the RFP’s specifications for “environmentally friendly and sustainable vehicles”. Fortunately, impact is inherent in the service we offer. The more shared rides that we provide, the more emissions and vehicle miles traveled VMTs) are reduced. There will be a heavy emphasis on ridership and we will measure success based on metrics including but not limited to: total ridership, riders per ride, riders/hour, jobs created, connections to transit, customer experience, and GHG emissions reduced. High ridership shows us that riders are happy, the service is priced effectively and the design meets the needs of the community. High ridership also reduces the Cost Per Rider CPR . Single Occupancy Vehicles are bad for Cities. Circuit hopes that this program will continue to demonstrate how eco-friendly, shared and sustainable programs can help reduce the need for single occupancy vehicles SOVs), promote ridership on existing Transit, create jobs and reduce commuting costs, GHG emissions and VMTs. Electric first/last-mile micro-transit is a great option for all types of communities and has proven to be a success in Hollywood. Tracking the environmental benefits will be a priority moving forward and will help to unlock more funding from upcoming environmentally focused grant programs. Circuit has been fortunate to receive grants for environmental reasons including but not limited to our programs with NYSERDA, Clean Mobility Options Grants CMO , CARB Funding California Air Resources Board) and others. Circuit will track greenhouse gas emissions and tailpipe emissions reductions. We can provide estimates based on projections for vehicle miles traveled and FHWA and EPA metrics and constants for average vehicle miles per gallon by vehicle type and carbon constant for gasoline fuel. We can also generate these based on a shared ride model including ridership, average trip distance, and FHWA and EPA constants and metrics. B3. Vendor / Contractor Capabilities B3.1 Background on Circuit Circuit has enjoyed working with the City of Hollywood since 2019 to launch and operate the Hollywood Sun Shuttle. With over 11 years of experience, Circuit has established itself as a national leader in the on-demand, first/last-mile transportation industry and an experienced operator of fleets of EVS and NEVs. We have a currently existing fleet of 13 electric vehicles, and a team of 19 EV trained and W2 paid employees in Hollywood. Additionally, we have a corporate team already in place in Hollywood, Florida with expertise in national operations, marketing, advertising sales, technology, reporting, and expansion. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 30 of 123 157 Our corporate team has extensive experience in planning, designing, implementing, reporting, and maintaining NEV micro-transit programs and has operated programs similar in size and scope to this RFP, including fare-based systems. Our high customer satisfaction ratings and high demand are a testament to the superb customer service provided by our driver ambassadors and management. Circuit prides ourselves in closing first / last mile gaps and providing an enjoyable and safe rider experience. This encourages riders to avoid using single occupancy vehicles or private rideshare services that add congestion and pollution, as we have seen in Hollywood since the launch of Sun Shuttle. Specifically, Circuit has been the most successful in: 1. Connecting riders with local destinations including local businesses, restaurants, nightlife, transit, and parking 2. Encouraging ridership and ridership on other forms of transit 3. Forming public private partnerships PPPs) with cities, developers, entertainment and sports complexes, and local agencies to craft services for hyper-localized coverage areas 4. Building local, trained, w2 and background-checked teams that maintain a level of quality control and understanding of the area creating an enjoyable customer experience. B3.2 General Company Information CONFIDENTIAL General Information Within the last five years, Circuit has operated similar on-demand shuttle services using all-electric vehicles in Florida under contract with government entities, including City of Hollywood, City of Fort Lauderdale, City of Pompano Beach, City of Wilton Manors, West Palm Beach Downtown Development Authority, and Palm Beach County Convention Center. We have a current service contract with Brightline Trains. We have also privately funded services in Miami, Pompano Beach, and Palm Beach Gardens. Circuit also has experience with FDOT funding requirements. ●Business Name:Circuit Transit Inc. (wholly owned Subsidiary of TFR Holdings Corp) ●Corporate Headquarters: 777 S Flagler Drive, Suite 800W, West Palm Beach, FL 33401 ●Phone Number: 646 504 3733 ●Website:www.ridecircuit.com ●Corporate Employees: 32 Full Time ●Driver Ambassadors: 360 ○Full Time: 159 ○Part Time: 154 ●Professional Staff: Circuit has 92 employees working in Broward County, with 19 in Hollywood. Circuit has a total 164 South Florida employees. ●Employee Retention: Quarterly Avg): 94% ●Local Hollywood Address:2031 Harrison St, Hollywood, FL 33020 Circuit has a current office in Hollywood Florida. If selected for the next iteration of the Hollywood Sun Shuttle service, Circuit will use the local office at Buro at 2031 Harrison St, existing vehicle charging and parking at Circ Residences/ Publix garage at 1780 Polk St and at Costa Hollywood Beach Hotel at 777 N. Ocean Dr. Additionally, Circuit has a nearby regional office at 501 E. Las Olas Blvd, Suite 200, Fort City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 31 of 123 158 Lauderdale, FL 33301.Circuit has a Corporate office at 777 S Flagler Drive, Suite 800W, West Palm Beach, FL 33401 ●Business Incorporation Date & Location Circuit has been operating in Florida since 2011 through its wholly owned subsidiaries Eco Cab LLC and South Florida Free Ride LLC. Eco Cab LLC and South Florida Free Ride LLC were organized and formed in the State of Florida in 2008 and 2012 respectively. As a part of the restructuring of the companies, Circuit Transit Inc was incorporated in 2018 in the State of Florida acquiring Eco Cab LLC and South Florida Free Ride LLC. Circuit Transit Inc, previously TFR Transit Inc, is a wholly owned subsidiary of TFR Holdings Corp, which is incorporated in the State of Delaware. ●Local Business and Legal Status -Circuit Transit Inc is a C Corporation incorporated in Florida. Circuit Transit, with its affiliated operating companies, has been operating in Florida since 2011. Circuit is a local business with current operations in Broward County in nearby communities including Pompano Beach, Fort Lauderdale, and Hollywood as well as a partnership with Brightline. Circuit operates over 40 on-demand micro-transit services across the US. Circuit is the operator of the Hollywood Sun Shuttle, Pompano Beach Circuit, West Palm Beach Circuit, and Brightline+ shuttle services. ●Business Licenses, Permits & Certifications Circuit has all required documentation in place to operate the services described in this RFP in the State of Florida and has operated similar services in Broward County. ○EIN 82 4586300 ○DUNS 117547537 ○US DOT 3562459 ●State of Florida, Applicable Code & Regulations:Circuit is fully licensed and certified in the State of Florida at the time of submittal for the type of goods/services to be provided. Circuit understands the regulatory requirements for the services to be provided and has met them for other city contracts. Circuit can meet these requirements and will adhere to all applicable code regulations at the Federal, State, and City levels. Primary Contact Person:Jason Bagley, Partner, National Operations - jason@ridecircuit.com - 305 494 1612 Additional Points of Contact : ●Alexander Esposito CEO & Co-Founder - alex@ridecircuit.com ●James Mirras COO & Co-Founder - james@ridecircuit.com ●Isabella Downes Transit Development Coordinator- isabella.downes@ridecircuit.com 734 478 4732 Business Structure, Parent Company and Subsidiaries Circuit Transit Inc. is a wholly owned subsidiary of TFR Holdings Corp. Eco Cab LLC and South Florida Free Ride LLC are wholly owned subsidiaries of Circuit Transit Inc. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 32 of 123 159 Evaluations and Reporting Staff Evaluations Circuit conducts regular management and staff performance reviews on a quarterly basis. During these sessions, we encourage the staff to also share their evaluation of the program and ways to improve service. We hire locally - our staff are part of the community they are serving. Their input and expertise is valuable, and we encourage this feedback loop. Managers also conduct monthly ride-alongs with drivers, providing an additional touchpoint for evaluation, feedback, and training. Leveraging Data to Improve Performance We use the data we collect to continually improve our services and increase system efficiencies and quality. We analyze this data to make operational improvements - not just for reporting on performance. That ensures continued improvement through real-time changes combined with the operational management structure Circuit puts in place. For more information on how we use data to improve our services and our technological data capabilities, please see Section B3.5 Technological Capabilities. Other Reports Maintenance, Customer Service Circuit can provide other reports and updates as needed by the City and can include these in regular monthly reports as well. Circuit uses fleet management software to maintain logs and important information about its fleet status and maintenance. Our internal team manages and logs customer service and feedback. We also can include spatial mapping, such as the report below. Current Projects: Circuit has experience operating electric micro-shuttle operations in 40 locations across 9 states, including: Florida Services Hollywood Pompano Beach Fort Lauderdale Wilton Manors West Palm Beach Palm Beach Miami Brightline+ Fort Lauderdale, West Palm Beach, Miami stations) Gardens Mall Palm Beach Gardens) The Ben Hotel California Services San Diego Santa Monica Marina del Rey Venice Culver City Huntington Beach Inglewood SoFi Stadium NFL games, Super Bowl) Chula VistaLong Beach New York Services New Rochelle Williamsburg Brooklyn) East Hampton Southampton Montauk Amagansett Hauppauge Industrial Park Clean Air NY Pilot) New Jersey Services Asbury Park Belmar Shore Texas Services Dallas West Dallas Austin Houston Other State Services Boston, MA Plymouth, MA City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 33 of 123 160 Circuit has been fortunate to work with a number of cities and private clients on many micro transit projects that are similar to the services being described in the RFP. To learn more about our past project experience please reference section B5.2 Past Project Experience. Experience, Awards and Recognition -Circuit has been fortunate to work with, learn from, and be recognized for various Micro-Transit Initiatives around the US. For more information on Circuit’s Experience, Awards and Recognition, please see Section B5.1.3 Micro-Transit Operations Experience. Experience with Drivers, Hiring, Training, Performance Please see more information about Circuit’s experience with a W2, employee driver workforce in Section B3.7 Driver Capabilities. B3.3 Financial Capabilities CONFIDENTIAL As shown by its experience in Hollywood, FL, Circuit has the financial capabilities to run, manage and scale this program. Circuit recently raised a Series A round of financing that was lead by Tribeca Venture Partners with additional investments by CitiBank3Impact Engine, Los Angeles Cleantech Incubator LACI ’s Impact Fund and has previously received investments from notable investors including Urban-X, Third Sphere and the BMW Mini Group of North America. Circuit would be happy to provide more detailed evidence of our financial capabilities upon request. For general guidance, Circuit’s 2022 Annual Revenue: $15.5M USD B3.4 Revenue and Funding Capabilities B3.4.1 Advertising Capabilities Circuit is able to continue to offer third party advertising as an additional revenue option. Circuit currently offers a revenue share of advertising sold and executed on the service, and will continue to do so to lower the cost of the service for the City of Hollywood. Circuit has a successful history of planning, selling, and executing advertising campaigns for a variety of local and national advertisers with the City of Hollywood. The brand has a clean track record and is recognized as a reputable transportation company as well as a dependable media vendor. Advertising options include exterior vehicle wraps, interior digital displays, email/social campaigns, and product sampling. Circuit’s in-house ad-sales team has 45 years of combined experience designing, planning, selling and executing transit media campaigns. This advertising program can also help to promote local businesses, as we’ve seen by working with groups like Billy’s Stone Crabs, Ritas, and the Hollywood Golf Course. We see advertising as a way to reduce costs and provide a fun and engaging experience for the riders. We have found that brand sponsors improve the rider experience and the methods Circuit uses to advertise on behalf of its advertisers can also be used to market its services to future riders. Circuit has found that 3 https://www.prnewswire.com/news-releases/circuit-raises-11m-series-a-to-expand-ev-shuttle-business-301619296.html City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 34 of 123 161 our parameters around appropriate ads align well with those of our partners, and the City would continue to have final say on what advertisements are allowed and what would not be permitted. Any advertiser and specific content would be submitted for City approval. Based on our confidence in securing advertising partners, Circuit has included a guaranteed discount to the City as further detailed in section B.10. Some examples of past campaigns are included in the images below. Local businesses advertising on Circuit vehicles in Hollywood, FL. B3.4.2 Fare Revenue Capabilities CONFIDENTIAL Circuit has experience operating fare-based services in Hollywood, FL. In 2021 Circuit implemented a low-cost fare into the Hollywood Sun Shuttle program. The $0 service moved to $1 and Circuit saw the total ridership continue to grow, despite the increase. Upon further investigation, Circuit learned that the lack of impact on demand caused by the fare was largely due to the large increase in TNC prices in the area. In this example, the average TNC fare was over 4X higher, for rides starting and ending in the area. Furthermore, the team found that fares had an impact in reducing cancellations from riders and therefore led to a more efficient system that moved more riders. This fare model has worked well and Circuit has regularly reported on these fares and used them to reduce the cost of the service to the City of Hollywood. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 35 of 123 162 Circuit’s technology includes capability to charge fares on a flat fee basis as well as dynamic pricing, discount codes, and group rates. We have tested and proven technology, policies, and programs for offering fare-based programs. Our mobile app can accept payment via debit, credit, and prepaid cards. The application has the ability to charge a fee for service and has security in place to store encrypted credit card information via a third party integration with Stripe. For this program, Circuit will offer a flat fare of $2, keeping the fares consistent with how they’ve been structured in the past. Circuit has the ability to adjust this fare as needed, at the request of the City. Circuit can also “sell” promotional or access codes to local businesses so that they can prepay fares for employees and or customers. This approach can be useful in getting more financial support from the local business community and aligns with the City’s goal to make the program more financially sustainable. As part of the alternate options in Alternate Option C, Circuit has mapped out how increasing the average fare to $3 would impact the net cost of the service. Circuit, if the City is interested, can build a program that automatically adjusts fares based on the zones traveled to and from. For example, it might be $4 to go from Zone 3 to Zone 1, but only $2 to travel within a zone. Using this approach can increase the average fare collected per rider across the system. We can also cap the total fare per ride so adding additional riders will be less expensive than the first one. B3.4.3 Grant Sourcing Capabilities Circuit prides itself in our ability to help our partners source funds for initial launches, service expansions and to pilot new zones. Now, more than ever, grants are available to implement sustainable micro-transit systems that provide equitable and accessible transportation options that give way to environmentally forward thinking solutions. Our team, as we discover appropriate grant opportunities, will bring possible funding solutions to the City. Circuit has successfully secured grants and/or worked with Cities on grant programs in NY, CA, NJ and FL. Circuit has also been selected for and awarded grants from the State of California and State of New York with its municipal partners, including a recent Clean Mobility Options grant in 2021 and Clean Transportation Challenge Planning Grant for Electric Mobility in 2022. B3.5 Technological Capabilities CONFIDENTIAL Circuit’s custom proprietary mobile app for requesting rides available for Android and iPhone is available in both English and Spanish, with the ability to add additional languages to the platform as needed. Website: www.ridecircuit.com Apple: https://apps.apple.com/us/app/ride-circuit/id988052033 Android: https://play.google.com/store/apps/details?id=com.thefreeride.rider Circuit has developed its technology over the past 11 years and has built the technology with a variety of features that can be turned on and off, depending on the coverage area. Some of these features include approaches for smart spot locations vs fully on-demand, a pooling algorithm to maximize the utilization of the vehicles, dynamic fare models with flexible pricing and discount options, ADA accessibility and request features, Spanish language options, ratings and reviews and a number of other features. As the City is aware, our features have been built using feedback from riders, drivers and customers, utilizing the data generated across millions of rides. Since launching the Sun Shuttle service, we’ve introduced multiple new City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 36 of 123 163 versions of the app every year and continue to strengthen our roadmap of new features and options. This process is ongoing as we consistently strive to create the best user experience for our riders and partners. Riders have consistently rated our services very highly, both in internal and external surveys as well as the app stores. We have a 4.8 rating on the App Store and a 4.5 on Google Play (out of 5 stars), distinguishing us as the highest rated service on the Google Play Store compared to other micro-transit and rideshare services. We are committed to excellent customer experience and long term success, and our customer service team replies to all reviews in the app stores. The app is designed specifically for running and managing these types of on-demand, last-mile EV shuttle services and has been built and optimized based on data gathered from over 5M rides along with rider and driver feedback. Our user app is complemented by our driver facing app and management dashboard - a technology suite that we built specifically for our neighborhood electric vehicle operations. Circuit owns the app, all of the data, and can provide robust data reports, often limited by firms using white-labeled solutions. This further allows the team to make customized adjustments as needed by the City. Our ability to collect, record, clean and present data is always improving as we believe data is a key factor in providing an excellent standard of service. Circuit has recently partnered with Snowflake to create new databases that will allow for faster reporting, more flexible data analysis, and better visualization of data. If selected, Circuit looks forward to sharing these new capabilities with the City. Our dynamic pooling feature has resulted in 30% increases in ridership using the same number of cars and operating hours. This is true when we measure against our own services (turning pooling on and off) and also true when compared to other operators nationally.Pooling not only increases ride efficiency, it also decreases traffic, emissions and cost-per-rider, where we’ve proven to be more effective than other service operators. Unlike many white label solutions, Circuit owns its technology and is able to quickly and flexibly make adjustments and improvements. We are constantly improving the service and adding new features, which would continue to be available to the City at no additional cost. As with other local operations, Circuit can adjust the service territory, hours of operation, and other factors in a timely manner during the planning or implementation stages as needed - such as adding new service territories, adjusting temporarily for special events, adjusting seasonally, adjusting fare, piloting new zones etc. We also have a system in place for notifying riders of any changes to service, including in-app messaging such as updates to safety protocols and emergency conditions (hurricanes, flooding, etc). B3.5.1 Ride Request App Circuit has a custom mobile application available for iOS and Android phones where rides can be hailed within a geofenced zone. This application is a fare-integrated service model and is very user-friendly. Within the app, the user can see information about the service, add payment methods, see the coverage area map, select their desired pick up and drop off within the geofenced coverage zone, input number of riders, and request a ride. They are shown the estimated wait time, the location of the assigned car while on its way, and are alerted when the driver is close. After their ride, they can give a rating. Drivers receive notifications of the requested rides. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 37 of 123 164 The service territory is a geo-fenced coverage area that ensures rides can only be requested and completed within the service territory. Our team makes sure that these geofenced zones include exactly the territory desired and that riders can make a request anywhere within this zone. We can also exclude roads and highways with speed limits higher than 35ph within this zone to ensure vehicles are not dispatched to areas where pickup is not possible due to speed limits. Key Advantages of the App ●On-Demand; ●Ability to add pre-determined Smart Stops to reduce wait times in larger zones ●Data Tracked for Ridership, Reporting, Heat-mapping & Management purposes; ●Ability to notify riders of service disruption through multiple avenues. ●Ride pooling to reduce congestion and wait times. ●Fare Collection features with Discount Code Options ●Driver facing capabilities to communicate with riders via text and call prior to boarding the vehicle Circuit is working on several integration projects and can work with the City and County to integrate the Circuit rider app with other transportation applications, including applications that might be introduced with the upcoming fixed route community shuttles. B3.5.2 Driver App Capabilities Circuit’s driver app and proprietary dashboard is used to manage drivers and generate reports. Each of our drivers is provided a company phone to see ride requests, safely communicate with management and riders, and optimize routes. Our operations and technology teams work closely together to test new features and updates and fix any issues that arise. Our hailed ride feature enables drivers to track non-app-based requests through the driver app. With our pooling feature, multiple rides are able to be assigned to a driver and are viewable in a queue format to the driver. Circuit can work with the City for any desired technology integrations, and can provide any necessary performance and data reporting. Ride request heat map from Hollywood Sun Shuttle Program City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 38 of 123 165 B3.5.3 On Demand Coverage Zones and the Smart Stop Approach For point-to-point service, a rider can go to and from any location within a geofenced coverage zone, typically focused on a small, localized coverage area. As mentioned in our alternative options, a capability of our technology includes the ability to set up a smart stop approach. The smart stop approach allows the rider to go to and from any predefined smart stop within a specified coverage area. A smart stop could be a predefined location at a school, transit hub, affordable housing community - or these could be spread throughout the community every few blocks, for example. We believe the smart stop approach is beneficial when covering larger service zones Circuit is flexible and able to adjust service before and after launch of services. As data comes in, Circuit can work with the City and the community to fine tune the service to best support the community shuttles in each zone. Please see below for a sample of proposed smart stops by zone. MTZ 1 Smart Zone Stops ●The Diplomat Beach Resort,3555 S Ocean Dr. ●Harry Berry Park,301 Azalea Terrace ●Arizona Street (By Taco Shack, across from Billy’s Stone Crab) ●Charnow Park , 300 Connecticut S. ●Hollywood North Beach Park, 3601 N Ocean Dr. ●Walmart, 2551 E Hallandale Beach Blvd MTZ 2 Smart Zone Stops ●Young Circle ●Publix, 1740 Polk St. ●Washington St. ●Hollywood City Hall, 2600 Hollywood Blvd. ●930 S 26th Ave. MTZ 3 Smart Zone Stops ●Publix Supermarket at Hollywood Mall, 3251 Hollywood Blvd. ●David Park Tennis Center,510 N 33rd Ct. ●Broward County South Regional Courthouse,3550 Hollywood Blvd. ●Orangebrook Golf & Country Club,400 Entrada D. ●Bob Butterworth Park, 5202 Washington St. ●Memorial Regional Hospital South,3600 Washington St. ●Washington Park,5199 Pembroke Road ●Harrison & S 56th Ave ●Sal Oliveri Veterans Park, 4701 Tyler St. B3.5.4 Using Data to Steer Service Operations Circuit has 4 years of information from our other shared, on-demand, electric shuttle services, allowing the team to utilize data from the Sun Shuttle, as well as other nearby Broward County operations and other comparable operations around the country. Consideration taken when forecasting ridership: City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 39 of 123 166 ●Size of the Coverage Area ●Hours of Operations ●Marketing to grow ridership ●Input from local stakeholders ●Performance of Comparable Programs ●Other transportation in the area While our data, local outreach, analysis, and research provide valuable insights month over month, we understand there will be unknowns and that we must monitor data and work closely with local stakeholders to make sure that we continuously adjust and improve the service to make sure it’s set up for long-term success in the City of Hollywood, as we have done since Sun Shuttle’s 2019 launch. We have refined our approach and recommendations in close coordination with City and CRA officials. Circuit’s Data Dashboard, Analysis and Expanded Features Since starting the program in 2019, Circuit has delivered monthly data reports to the City of Hollywood. By leveraging data from upwards of 17,000 transactions in a month, we’ve developed a healthy data set that provides information on top pick up and drop off locations, insights into ridership broken down by service hour and day, and the ability to monitor ridership growth throughout the service's lifetime. The system has also gone through numerous updates over the years and we’re proud to share that in the last 3 months we’ve built a relational database that integrates numerous data sets to help with data visualization, analysis and reporting. If selected for the next phase of the Hollywood Sun Shuttle program, Circuit now has the ability to add additional licenses for our City partners. Our ability to collect, record, clean and present data is always improving as we believe data is a key factor in providing an excellent standard of service. Circuit has recently partnered with Snowflake to create new databases that will allow for faster reporting, more flexible data analysis, and better visualization of data. If selected, Circuit looks forward to sharing these new capabilities with the City. Our next iteration of data reporting is a great value add for operations and transportation planning, this dataset can be a particularly valuable asset for the Cities long term urban planning initiatives. There are examples of updated data reports in Appendix 2, below. Pictured here is an example of the new zone-based analysis and heatmaps that have already been built. B3.6 Vehicle Capabilities In line with the RFP’s desire to have a sustainable fleet, Circuit proposes to use the currently existing GEM E6 all-weather, 100%-electric cars from Polaris Inc and Ford E Transit EV vans. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 40 of 123 167 Sea Turtle Nesting Season Artwork on GEM Neighborhood Electric Vehicle Neighborhood Electric Vehicle NEVs)Circuit will continue to use GEM E6 all-weather, 100%-electric cars from Polaris Industries. The slim and efficient design reduces interference with traffic and decreases passenger load time. The cars are ideal for short-range, about-town transportation. The cars are easily kept clean and are outfitted with comfortable seats, ample legroom, fans, 3-point seatbelts, cargo space, and a friendly, local ambassador/ driver. They include all-weather options, and Circuit operates these vehicles in South Florida markets year-round. The car’s design is fun and inviting in nature. Hollywood Sun Shuttle riders have responded very favorably to these vehicles. Ford E Transit Electric 13 Passenger Van Ford Electric Passenger Van There are a number of electric passenger van options that Circuit has used in other markets. There are OEM options as well as conversion technology options. Circuit has directly used Lightning Systems and Maxwell converted electric passenger vans. They are ideal for roads with speed City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 41 of 123 168 limits above 35 mph, programs requiring higher capacity, suburban trips, and can be outfitted for ADA accessibility. ADA Service Vehicles We are able to offer one 1 Ford E Transit EV Van which offers a full automated lift and the ability to secure wheelchairs within the vehicle, and 8 total seats (as opposed to the usual 12, + driver). Additionally, we are able to offer one 1 WAEV Formerly Polaris) GEM e6 ADA vehicle which offers a full, fold out ramp and the ability to secure wheelchairs within the vehicle, and 4 total seats (as opposed to the usual 5 seats, + driver). Circuit is pleased to offer this vehicle to the City at no additional cost, as it is a part of the existing Hollywood Sun Shuttle existing fleet. Samsara AI Dash Cameras Circuit has recently installed Samsara AI bi directional Dash Cameras in the entire fleet of shuttles in Hollywood. These cameras use computer vision to analyze the road and driver behavior in real-time—making it possible to detect distracted driving and even warn drivers of an impending collision, helping prevent accidents before they happen. Any incidents of distracted driving or harsh braking events trigger an alert to “watchers” of specific vehicles. This group includes direct local management, Regional and Corporate Management. Circuit Management staff can view real time video and still views of the interior and forward facing exterior view of the entire fleet at any given moment. For any incidents the footage can be viewed and saved to determine fault of any accident. Samsara AI Dash Cam dashboard with both views, saved footage and trip details including trip route, duration and pick-up and drop-off locations. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 42 of 123 169 B3.7.1 Vehicle Maintenance Capabilities Our in-house mobile service maintenance technicians are able to quickly respond to needs, and also adapt vehicles for the market. Vehicles are regularly maintained using rigorous checklists created in conjunction with the vehicle manufacturer. Typically, vehicles are inspected every 4,000 5,000 miles and the condition of filters, brakes, etc. are tracked and replaced accordingly. Additionally, data is shared about the cars’ performance in order to forecast future maintenance needs. As it does with ridership, Circuit takes a proactive approach to planning future needs. Each vehicle within our fleet has a unique ID. Our operations team tracks vehicle characteristics and status through fleet management software and communicates this status to Regional Management and other corporate team members through shared documents and project management software. These characteristics and status include driver vehicle check forms, current and pending advertising campaign information if any, maintenance records, assigned operating location or special event, mileage, as well as general information such as color, make, model, year, features. Drivers check vehicles before and after each shift and fill out a vehicle check form. They perform cleaning duties before, during, and after their shift. Any issues are noted and reported to local managers, who coordinate maintenance and repairs. We have trained and certified maintenance staff in each operating region, and would train a local maintenance team in Fort Lauderdale to manage regular and ongoing maintenance for local operations, with manufacturer certification for the vehicles in use. B3.7 Driver Capabilities Circuit has a robust hiring and training program backed by standard operating procedures, driver manuals, and emergency and health & safety plans designed to provide high quality customer service through a fun and convenient on-demand service. As now with the current Hollywood Shuttle, Circuit will continue to ensure all drivers meet and follow the required guidelines as required by the RFP. As the City of Hollywood is aware, Circuit prefers to hire local w-2 Driver Ambassadors from within our service area who have local knowledge and experience. We focus on hiring drivers with high degrees of customer service and professionalism as well as local knowledge of the community, as our drivers are ambassadors for the local community.This model reduces greenhouse gas emissions by keeping workers local and supports the local community by providing jobs. Currently, 14 of our 19 Hollywood Sun Shuttle Drivers are Hollywood residents. You can find further details in the Driver Model section below. Quality Control is why we have successful operations throughout the country with several locations running for more than 5 years. We focus on recruiting, hiring, onboarding and training service oriented candidates with a strong driver safety record. Along with Driver Ambassadors we employ location Supervisors, Location Operations Managers, Regional Operations Managers and local corporate support. We use several training and monitoring programs including our own admin dashboard (backend of the Ride Circuit app) for a real time look at activity in the field - driver/ ambassador gps location, trip queue, availability status and rider reviews of the Driver/ Ambassador. Samsara AI Dash Cams provide a real look into the individual vehicles. Can record any video clips and alert the supervisor and management teams for any harsh events. Regular feedback and reviews by management to address any areas of concerns and give feedback. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 43 of 123 170 B3.7.1 Driver Model Each Circuit location has a dedicated team of managers, supervisors and drivers to ensure service performance and Company operational standards. Circuit builds successful, proud teams and focuses on development and retention. Upon award of this contract, Circuit will be easily able to leverage our current driver ambassador team, and as needed, develop and provide a more specific staffing and personnel plan tailored to the final service scope. Please see below for the positions that are staffed to make up Circuit’s Driver and Fleet Team: ●General Manager / Operations Manager:Full time hired positions (depending on scope). Responsible for day-to-day operations, vehicles and staff. Reports directly to the Region General Manager. Direct reports are Shift Supervisors and Driver Ambassadors. Perform dispatch and customer service responsibilities as needed ●Shift Supervisor:Full-time hired positions. On-site at all times during service hours. Perform dispatch and customer service responsibilities as needed. Additional training and responsibilities. All shifts include at least 50% of shift driving in service. Shift reporting and “hand-off” submissions ●Vehicle & Warehouse Maintenance Manager:Circuit regional technician licensed and certified. Weekly, monthly & quarterly vehicle maintenance schedule. Direct contact with vehicle manufacturers and systems. Additional responsibilities, response, and reporting requirements as specified in this CFP. As needed, other operational staff may be trained and certified to assist Maintenance Manager with maintenance responsibilities ●Driver Ambassadors:Full-time and part-time employees Circuit hired, W2 employees). Living-wage pay and benefits. Follow Circuit operational policies and local rules for revenue service ●Driver Staffing:We first hire a base of full-time, set schedule drivers and then a base of part-time, set schedule drivers. We then hire a smaller group of fill-in drivers who do not have a set schedule but actively work each week to round out the schedule, either picking up any open shifts known in advance and/or fill in on call. We have a combination of longer shifts, allowing time for finishing rides, cleaning their vehicle, and checking out. We stagger and mix in shorter shifts throughout the day based on demand data learned over time to maximize efficiency. Circuit uses shift scheduling software to plan its staff schedules and make the process seamless for employees. What We Look For In A Driver Ambassador ●Outgoing, Inviting, Friendly ●Local Resident and/or Local Knowledge ●Safe & Responsible ●Customer Service experience ●Team oriented ●Self-Motivated with a focus on development ●Dependability Driver Requirements ●Legal:All Circuit drivers must be at least 21 years of age, have an active driver’s license for at least 3 years, and must have a clean driving record with no accidents or tickets. ●Insurance Clearance:Background Check: All Circuit drivers must be cleared to drive by our insurance carrier through Motor Vehicle Record and/or Background Checks. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 44 of 123 171 ●Personality:Circuit employees are more than drivers. Everyone is an ambassador to both the Circuit brand as well as sponsor brands. We look for motivated, outgoing, excited and responsible employees to represent our brand. ●Pre-Hire Driver Exam:Potential hires lastly go through a physical driving exam accompanied by the Operations Manager. The Circuit Pre-Hire Driving Exam is submitted to the Regional GM for final approval. B3.8 Customer Service Capabilities Customer Service One of Circuit’s core values is customer experience. Circuit focuses on hiring drivers and operational staff that exhibit excellent customer relations skills and value experience in customer service. We include customer relations as a part of our training program, which includes updates to policies related to safety and responding to rider concerns. We hire locally and prefer drivers that are familiar with the local community to act as an ambassador as well as a driver. We are committed to excellent customer experience and long term success, and our customer service team makes a point to reply to all reviews in the app stores. Circuit currently maintains a local Hollywood and South Florida workforce of managers, shift supervisors, and driver ambassadors in its operating locations, which are all trained in customer service. Circuit also has a regional manager in place, who manages operational functions such as permitting, maintenance, vehicle procurement, vehicle and driver insurance onboarding, hiring and training across multiple locations to maintain a consistent level of quality and operating efficiency. They are also integral to preparing for and launching new operational locations as well as coordinating new app feature launches. Our local operating and management staff are available during operating hours, which vary by location and are determined in cooperation with local partners. Training for employees involved in customer service include on-the-job training using pre-existing SOPs and quick reference guides for template responses to a high majority of common questions. This covers training with guidance specific to phone, ride request app, and email inquiries as well as those that might take place in-person. These employees have direct supervisors to reach out to for approval on sensitive topics to ensure compliance. Training is a multistep process that begins with shadowing another employee, hands-on training with supervision, and continued ongoing training. We have a multifaceted customer inquiry, and contact system, which our staff are trained to use and keep accurate logs. Operational staff are also involved in our local community outreach efforts, including representing the company at local community events. All staff are trained to respond to customer needs and handle any complaints in a timely and courteous manner. Riders can submit feedback within the mobile application and through the website, email and by phone. Circuit’s national corporate team monitors these as well as social media accounts and app store feedback/ratings. The national team will direct users to a local manager if and when needed. We also conduct regular rider surveys to analyze and improve our service offerings. Our team continually works to make its technology and information about its services accessible broadly to the local communities it operates in. As mentioned in Section B3.5 Technological Capabilities, our mobile app is available in English and Spanish. We have bilingual drivers and can include hiring preferences City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 45 of 123 172 for additional language capabilities. We have also created marketing materials in both English and Spanish. Circuit’s website and location pages include accessibility features, and our operations staff are trained in providing equivalent service and any additional assistance needed for riders with mobility impairments and disabilities. Our local teams can also assist riders in downloading the app, providing information about the service and the community, and responding to questions. Historically Circuit has seen driver ratings of at least 4.8/5 stars in all of its markets, and locally has an average of 4.9 over the past two months. Many of our services have a majority senior 65 ridership who use our services frequently for local trips and errands. Seniors have been strong advocates for our services. Our high ratings and strong local support are a direct result of the positive customer experience created by our drivers. Circuit will continue to provide updates and reports on Customer Service to the City as needed. B4. Driver’s Qualifications Hiring Process Each Circuit location has a dedicated team of local managers, supervisors and driver ambassadors to ensure service performance and Company operational standards. Circuit builds successful, proud teams and focuses on development and retention. We would be able to leverage our existing Hollywood and operational experience and infrastructure to quickly and efficiently continue to staff Sun Shuttle as needed. As the City of Hollywood is familiar, Circuit’s drivers are more than just drivers. They act as local ambassadors; representing the city, providing local knowledge and encouraging local business. All driver ambassadors will be provided with a company uniform and name tag. All Circuit driver ambassadors must be at least 21 years of age, have an active driver’s license for at least 3 years, and must have a clean driving record with no accidents or tickets. All Circuit driver ambassadors must be cleared to drive by our insurance carrier through Motor Vehicle Record and/or Background Checks. For this program, we would implement the required background check and provide any needed documentation to the City. As required, we will implement the required FDOT Drug & Alcohol testing. We have identified a Florida based company, Accredited Drug Testing where we would establish a company account for testing. Accredited Drug Testing uses Quest and LabCorp national collection site network. Circuit will always commit to a local hiring preference in all markets. One of the many benefits of hiring locals include ensuring staff are familiar with the location and can serve as a knowledgeable ambassador. 74% of existing Hollywood Sun Shuttle drivers are Hollywood residents. As we have done in Hollywood and other markets, along with posting job openings on popular platforms such as Indeed, we can work with local workforce development and job placement centers to source qualified local candidates as is needed by the service or to support any future expansions. Circuit currently has multilingual driver ambassadors in South Florida and is able to include bilingual/multilingual driver ambassadors as a local preference for hiring, if desired by the City. Driver retention is a factor that the company is proud of- there are happy teams, and advancement opportunities in every market of service. Over the past 12 months we have seen a retention rate of 94% for the Hollywood Sun Shuttle operation. This is the result of the diverse work environment that Circuit City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 46 of 123 173 creates, the camaraderie among employees, the ability to grow, and the enjoyable, safe and fair management. As described in Section B3.7 Driver Capabilities, Circuit seeks specific driver qualities that ensure safety, professionalism, a focus on customer service, and knowledge of the City as a visitor destination. Circuit employees are more than drivers; they are ambassadors to the local community. Circuit conducts regular management and staff performance reviews on a weekly, quarterly and annual basis. During these sessions, we encourage the staff to also share their evaluation of the program and ways to improve service. We hire locally - our staff are part of the community they are serving. Their input and expertise is valuable, and we encourage this feedback loop. Managers also conduct monthly ride-alongs with drivers, providing an additional touchpoint for evaluation, feedback, and training. The management team has access to our proprietary management dashboard to view operations in real-time and regularly monitors the drivers’ performance. Circuit will offer these tools and data reports to the project team at the City, to maintain quality control, transparency and monitoring for future improvements. Additionally, Circuit uses scheduling software to keep the team connected, manage shifts, and enable local management to efficiently manage the local team. B4.2. Training Driver Training Program As the City of Hollywood is aware, Circuit employs and trains its operational personnel, including driver ambassadors. Circuit uses its successful developed personnel policies to create a hiring and safety program specific to the unique operation. The process includes hiring, background checks, drug tests, alcohol screenings, initial training, continued training and performance evaluations. We can quickly add drivers and vehicles to our national custom auto insurance policy. When the manager is comfortable with a candidate and decides to extend a job offer, they will be introduced to our staff training/development tools & programs. The hiring and training systems we have in place will help the City achieve its safety and accessibility goals with regards to this project while also ensuring a high quality customer experience, which encourages further ridership and exploration of the community. Circuit has a training program in place for new operational staff which covers safe and efficient operation of electric vehicles, cleaning and safety processes, and customer service. Circuit has a corporate operations team that develops and maintains operational policies and procedures including over 180 pages of Operations Manager and Driver Ambassador training guides and supports SOPS. They hire and train new managers and coordinate hiring and training for new drivers. Circuit has a Regional Manager in place for Florida. Drivers receive initial in-person training, are observed on ride-alongs, receive ongoing on-the-job training, and are updated on any new operational policies or procedures. Training is conducted by local managers and supervisors. Our teams have consistently met requirements from transit authorities and police/sheriff’s departments, in all of our markets, including Florida, for vehicle inspections and driver training and testing. We would institute our vehicle cleaning program to maintain the appearance and cleanliness of the vehicles along City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 47 of 123 174 with the safety and health of the passengers and drivers. The management team has access to our proprietary management dashboard to view operations in real-time and regularly monitors the drivers’ performance. Circuit will offer these tools and data reports to the project team at the City, to maintain quality control, transparency and monitoring for future improvements. Additionally, Circuit uses a scheduling software to keep the team connected, manage shifts, and enable local management to efficiently manage the local team Our training program specifically covers: ●Safe operation of an electric vehicle ●Efficient operation of an EV, maximizing battery efficiency ●Advanced cleaning procedures ●Safety guidelines and policies ●COVID19 advanced safety and cleaning policies and procedures ●Customer service and passenger relations ●ADA regulations and operations ●Use of the Driver Mobile App ●Communications policies ●Emergency procedures and plan ●Accident reporting/procedures Circuit also provides ongoing training / retraining and conducts performance evaluations. Our teams have consistently met requirements from transit authorities and police/sheriff’s departments, including in Florida, California and New York, for vehicle inspections and driver training and testing. Along with the initial training program, monthly and quarterly management ride-alongs specifically focus on customer experience. Additional staffing lead time is roughly two weeks for hiring and proper in-car and classroom training. Circuit currently has 75 employees in Broward County that are available to fill in any gaps or decrease lead time while we hire local staff from the City of Hollywood. B4.2.1 Certifications In addition to our vehicle maintenance certifications, our teams also hold certifications in WAV / ADA sensitivity training, as well as the National RTAP National Rural Transit Assistance Program) Certification, which is part of the FTA’s, “2 The Point” training and certifications around ADA and Sensitivity, Defensive Driving, Distracted Driving, Drugs and Alcohol, Passenger Safety. Additionally, We have staff that have completed PASS Training Passenger Assistance, Safety and Sensitivity. We also have our vans inspected and permitted with Broward County as Vehicles for Hire. B4.2.2 Drug Testing and Hiring Standard Circuit recognizes the requirement to enroll the company staff in an FDOT approved drug testing program and have a supplier of such services available. Currently in Circuits Hollywood Sun Shuttle operation, drivers, due to the type of vehicles, are not required to obtain a CDL or to complete FDOT certification as the vehicles are all under 16 passengers. Accredited Drug Testing works with a local LabCorp facility at 3700 Washington St. in Hollywood. Circuit has obtained pricing and details to enroll the staff into the program, and is willing and capable to complete that requirement. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 48 of 123 175 B5. Firm’s Qualifications and Experience Using teams of W2 Drivers, Fleets of 100% electric vehicles, and an on-demand app, Circuit has provided over 6M rides. As detailed in Section B3, Circuit is an experienced operator of Micro-Transit Services. Circuit will provide its turn-key micro-transit solution using a fleet of Ford EV vans and electric Polaris GEM e6 NEVs to meet the transportation, traffic reduction and sustainability objectives of the City of Hollywood. Circuit’s services can be expanded quickly, to implement the expansion of the service as set forth by the RFP. Circuit’s existing Hollywood, Florida Sun Shuttle service has proven to be cost efficient and effective in tackling the mobility challenges in the community. B5.1 Experience Overview B5.1.1 Experience Overview As referenced in Section B3.1, Circuit has over 11 years of experience as an established national leader in the on-demand, first/last-mile transportation industry and an experienced operator of fleets of EVS and NEVs. Currently we operate 40 services across nine states. We are experienced in operating under COVID 19 restrictions and guidelines to ensure the health and safety of our riders and staff. We have a fleet of over 190 electric vehicles, a team of over 340 EV trained and W2 paid employees, and a local team of over 92 employees in Broward County and 164 in South Florida. We're one of the few providers with experience operating numerous electric vehicles as part of the same fleet. For more information on our technology, operations and maintenance experience please reference section B3. Vendor / Contractor Capabilities. Our corporate team has extensive experience in planning, designing, implementing, reporting, and maintaining NEV micro-transit programs and has operated programs similar in size and scope to this RFP, including fare-based systems. Our high customer satisfaction ratings and high demand are a testament to the superb customer service provided by our driver ambassadors and management. Within the last five years, we have operated similar on-demand shuttle services using all-electric vehicles in Florida under contract with government entities in addition to the Hollywood Sun Shuttle, including nearby locations like Fort Lauderdale, Wilton Manors, Pompano Beach, West Palm Beach Downtown Development Authority, and Palm Beach County Convention Center. We additionally have a contract with Brightline to operate first/last mile on-demand services around stations in West Palm Beach, Boca Raton, Fort Lauderdale, Aventura and Miami. Circuit has operated services across the US, including in FL, CA, NY, TX, NJ, NC, MA, IL, and CO. As the City of Hollywood is familiar, Circuit has been most successful in first / last mile gaps and providing an enjoyable and safe rider experience. Our service model encourages riders to avoid using single occupancy vehicles or private rideshare services that add congestion and pollution, as is aligned with the RFP’s desire for a sustainable. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 49 of 123 176 B5.1.2 Neighborhood Electric Vehicle Operations & Maintenance Experience As mentioned above, Circuit is the largest operator of neighborhood electric vehicles and has a growing fleet of various electric vehicles available in South Florida. We have Standard Operating Procedures, maintenance schedules, and operational expertise specifically for these vehicle types and their use in on-demand micro-transit service. Our experienced maintenance team is certified with Polaris Industries (transitioning to WAEV Inc.). For more information on our experience operation and maintaining these vehicles please see Section 3.6 Vehicle Capabilities. B5.1.3 Micro-Transit Operations Experience Circuit’s growth is largely due to its successful operations and satisfied customers. From technology, management, training and operations, Circuit’s full suite of services are best in class and offer the highest levels of quality for this type of service. Circuit maintains rigorous quality controls across all of its operations. Along with a dedicated, responsive and local staff, Circuit’s national team is readily available to handle technology improvements, vehicle enhancements, customer service, impact measurement and grant writing. The dedicated team and quality of service is what sets Circuit apart from other operators and will continue to offer the highest level of service for the City of Hollywood. Circuit, with its subsidiaries including Eco Cab LLC and South Florida Free Ride LLC, has operated on-demand micro-transit since 2011. Our on-demand services have included door to door and point to point services within a specified service territory. Circuit has experience operating these services for comparable cities and scopes of work focused on residents, guests, and commuters. Our on-demand service and mobile app make it easy to request a ride to local destinations, including shopping, restaurants, events, nightlife access and various appointments. We have the policies, procedures, and hiring and training standards in place to launch new markets and operate with a consistently high level of service, with specific attention to customer service. In our experience operating in South Florida, we know that extreme weather events such as hurricanes and flooding can be a seasonal occurrence. We have been able to manage flooding issues related to recent king tides and maintain appropriate levels of service. We have experience dealing with these issues and have an emergency plan in place. Circuit’s technology allows our team to be agile in its approach to addressing any disruptions or changes to service levels. Circuit’s team has been recognized for its efforts as an innovative neighborhood electric vehicle solution. In December 2019, Fast Company highlighted Circuit as the “Electric vehicle ride-share company that won the trust of cities without ‘disrupting’ them”.4 The team has also been featured in The NY Times, Business Insider, Forbes, Fox News, ABC, NBC and a number of other publications. Circuit has been the recipient of numerous awards like: Alonzo Award for Mobility in San Diego, Vendor of the Year Nominee Palm Beach Convention Center, Clean Air NY Champions Award, Lamplighter Award for Best New Service in San Diego, Rulebreaker Award for Startups Changing their Industries, 2018 Gold Medal Ad Club of New York, Outdoor Media Plan of the Year, Gator 100 Award (#20 , and numerous others. 4 https://www.fastcompany.com/90444895/how-this-electric-vehicle-ride-share-company-won-the-trust-of-cities-without-disrupting-them City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 50 of 123 177 Circuit was accepted and completed the URBAN X Accelerator5 program where it received an investment from BMW/Mini and access to international mobility experts. Circuit has also completed the Los Angeles Cleantech Incubator(LACI)6, Civstart7, Leading Cities8 and AWS Smart Cities Accelerators. The team recently closed a Series A capital raise, welcoming a strong group of new investors. Circuit’s team has been asked to speak/participate at events like CoMotion Miami, LA CoMotion, Association for Commuter Transportation International Conference, Safe Streets Summit, Electrify Expo, LACI’s Transportation Electrification Summit, SmartCities NY, 20 20 Cities, Civic Lab, and the UCLA Arrowhead Conference on Transportation. B5.1.4 Community Engagement Experience Circuit’s team has participated in local events such as Hollywood’s Candy Cane Parade, St. Patrick’s Day Parade, ArtWalk, Hollyweird, and in other service areas; Fort Lauderdale St Patrick’s Day Parade (annual), Broward Complete Streets, Food Deliveries in Hollywood for Feeding South Florida, and Cleaning Up Clematis in West Palm Beach. We do regular familiarization tours with media and meeting planners in our City Programs. We also donated a vehicle towards the recovery efforts for first responders to use during the Champlain Towers relief efforts. Along with events, Circuit stays actively engaged with our riders via the app, social media and publishes regular newsletters. Circuit has built a great base of over 10k local riders that we regularly send local newsletters to. This engagement has kept our ridership high and our riders informed of local events, happenings and businesses. HollyWeird Branding Partnering with Feeding South Florida to assist with Food Deliveries in Hollywood during Covid 8 https://leadingcities.org/accelicity/63dbbb3a-23ad-4572 87cf-2377dfdf766e 7 https://www.civstart.org/ 6 https://laincubator.org/second-cohort-of-market-access-program-provides-on-the-ground-mobility-solutions-for-communities-across-los-angeles/ 5 https://www.urban-x.com/ City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 51 of 123 178 Circuit vehicle donated for Champlain Towers Relief Efforts in Bal Harbor, FL. Sample Newsletter to Hollywood Riders, February 2023 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 52 of 123 179 As indicated in Section B1.2,Circuit regularly surveys its riders to learn more about the service and improve the quality of our offerings. Additionally, as indicated in Appendix 1.1,many of our riders are willing to add their names to a statement in support of our services B5.2 Project Experience B5.2.1 Past Project Experience- Hollywood Sun Shuttle Sun Shuttle- Hollywood, FL Type of Service On-demand micro-transit services Contract Term April 2019 Present Nature of Services On October 17, 2018 the Hollywood City Commission passed and adopted Resolution No. R 2018 335, authorizing the execution of an agreement with Free Ride, now known as Circuit Transit Inc. (" Circuit"), for circulator services to and from Downtown Hollywood, Hollywood Beach, and the City's parking garages for an initial one-year period with the option to renew for three additional one-year periods. The service commenced in May 2019 and has been renewed for each of the additional three one-year periods. The coverage area includes Downtown Hollywood and Hollywood Beach and consistently experiences high demand. This program began as a self-branded service and has recently opened for third party advertising. The coverage area includes Downtown Hollywood and Hollywood Beach and consistently experiences high demand. The City named the program “Sun Shuttle” which began as a self-branded service and has recently opened for third party advertising with a revenue share to the City. This program has exceeded the City’s expectations, doubling ridership at an estimated 70% of the cost of the previous trolley system. This program has continued to operate during the pandemic as an essential transportation service. Annual ridership has grown every year (including during peak Covid lockdowns in 2020 . The service launched as free and at the April 2021 renewal we were asked to implement a $1 per rider fare to control demand, and ridership held steady. At the April 2022 renewal we were asked to increase the fare to $2 per person, ridership has remained strong. Hollywood Sun Shuttle Ridership by Month Jan 2021 Dec 2022 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 53 of 123 180 This program started as a fare-free service and recently introduced a nominal $1 fare and $1 price per additional passenger. We have seen no drop in ridership as a result of fare implementation and have actually seen an increase in ridership since, with shorter wait times and an increase in operational efficiency. “Thank you and Hollywood for making it possible for our vulnerable Seniors to remain safe and healthy”- Memorial Senior and Family Services In response to the COVID 19 outbreak, Circuit has adapted to provide mutual aid to the Hollywood community. Beginning in April 2020, Circuit partnered with Feeding South Florida, who have been supplying to local food banks. The three food banks involved are Liberia Economic and Social Development Inc., Community Enhancement Collaboration, and Cruciform Church. These organizations assembled boxes of donated food to be distributed and our drivers picked up the boxes and delivered them directly to the homes of the most vulnerable without access to transportation. The Hollywood drivers made 1,092 deliveries to at risk members of the community. Nature & Type of Vehicles: all-electric Polaris GEM e6 Circuit vehicles in Hollywood FL with Sun Shuttle branding Drivers in PPE, delivering grocery boxes during Covid B5.2.2 Past Project- FRED FRED San Diego, CA Type of Service On-demand micro-transit services, fare-based program Contract Term 2016 present Nature of Services In 2016, Civic San Diego and the Downtown San Diego Partnership selected Circuit to operate the Free Ride Everywhere Downtown FRED Circulator. The program has received national attention, community support, and extended funding. In its first year of operation, Circuit served over 140,000 riders, maintained wait times below 6.5 minutes, created over 35 new jobs, and saved 96.3 metric tons of CO2 emissions. Since then, Circuit has improved its technology on the vehicles, added a pooling algorithm to its app, used the data to enhance operations, and has saved 325 metric tons of CO2 emissions. Circuit provides over 25,000 rides per month and is on track to do over 280,000 rides per year. The City has funded the service with Circuit also selling third party advertising at a revenue share to the City to offset costs of operation. Circuit operates 15 20 vehicles in the market, depending on demand. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 54 of 123 181 Nature & Type of Vehicles: all-electric Polaris GEM e6 Circuit’s vehicle in San Diego CA B5.2.3 Additional Past Project Experience Please reference Appendix 3 and Appendix 4 for more evidence of Circuit’s relevant project experience. B5.3 References West Palm Beach, FL Project Manager:Teneka James Phone Number:516 833 8873 Email:tjames@downtownwpb.com Brightline Project Manager:Jean Carlos De Jesus Phone Number:786 561 1656 Huntington Beach, CA Project Manager:Sean Crumby Phone Number:714 374 5348 Pompano Beach, FL Project Manager:Jeff Lantz Phone Number:954 786 5580 Gardens Mall Palm Beach, FL Project Manager:Whitney Pettis Phone Number:561 622 2115 Additional experience City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 55 of 123 182 B5.4 Customer Testimonials Confidential) Gus Zambrino, Assistant City Manager, City of Hollywood FL They are experienced and professional operators that are part of the community and provide a fun and convenient customer experience. Circuit’s team has been a pleasure to work with and have been great at building local support. Andria Wingett, Assistant Director of Development Services, City of Hollywood FL Circuit Transit is always responsive and has adapted to Hollywood’s changing needs; during the initial set-up, ongoing services and especially during the COVID pandemic. Carolina Galleguillos, BS, CDP, Memorial Senior and Family Services, Hollywood FL Thank you and Hollywood team members for making it possible for our vulnerable Seniors to remain safe and healthy in their homes. Our seniors so appreciate the fresh produce during this Pandemic. Sandra King, City Spokesperson, City of Pompano Beach FL You don’t have to drive anywhere, you don’t have to look for a place to park, you just jump on the circuit vehicle and go where you want to go. Ashley Medeiros, Destination Services, Discover the Palm Beaches The Circuit team is ALWAYS a great partner to work with. They are attentive, flexible, and hospitable! Luiz Aragon, Commission of Development for the City of New Rochelle, NY Circuit NR is a terrific community partner committed to providing safe, reliable and sustainable public transportation across New Rochelle’s downtown corridor. As we continue to see increased real estate demand across New Rochelle and as our once-in-a-generation downtown redevelopment continues to move forward, we believe Circuit NR’s electric on-demand shuttles can play a pivotal role in connecting our community to innovation, technology, arts, culture, schools, open space and our local businesses in an environmentally efficient way. As we see increased real estate demand across New Rochelle, we believe Circuit NR’s electric, on-demand shuttles can play a pivotal role in connecting our community to innovation… and our local businesses. Misti Kerns, Santa Monica Travel & Tourism They’re electric, they’re open air, and they’re fun. As that started to pick up and we started to hear good comments about it, we thought it might be a good option for some of the hotels. Their service has transformed our visitor and resident experience for short distance local travel. Their vehicles are always clean, new and fully stocked with our visitor guide, map and materials. Their drivers are always well informed on the destination, clean, uniformed, and friendly. I can’t imagine partnering with another provider for our electric transport needs, so great for this beach environment. Reese Jarrett, Civic San Diego Civic is thrilled to have played a part over this past year, in reducing congestion and decreasing the carbon footprint within the downtown community. Betsy Brennan, Downtown San Diego Partnership Since FRED's introduction to San Diego in 2016, Circuit has become an integral part of Downtown’s mobility structure. It provides residents, employees, and visitors a free, green, and enjoyable way to traverse Downtown’s neighborhoods while also mitigating congestion and parking issues. Mathew Sandford, Senior Director Economic Development, San Diego EDC City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 56 of 123 183 In a region as dynamic and diverse as ours, the ability to easily get around is essential to our economic health. Micro mobility options, like the FRED program in Downtown, provide one tool in the economic development toolkit by addressing the last mile dilemma. Businesses of all types and sizes benefit when workers have options for getting to work, and patrons have easy access to goods and services. In short, the FRED program makes Downtown more accessible and is a model that could also benefit other communities in the San Diego region. Marisa Mangan, San Diego Association of Governments SANDAG Circuit’s neighborhood electric vehicle shuttles in downtown San Diego are a great example of how shared mobility services can provide efficient, convenient, and emission-free connections within a community. Services like Circuit directly support SANDAG’s bold new transportation vision for the region which includes implementation of Mobility Hubs served by a wide variety of Flexible Fleets. B6. ADA Compliance B6.1 ADA Compliance Plan Circuit has ADA compliant vehicles. In both the proposed operation plan, and any alternative option, Circuit proposes one 1 Ford E Transit EV Van to be available on standby for ADA requests; this vehicle will be able to move between zones as needed. Additionally, Circuit would provide the City one 1 Polaris GEM e6 ADA vehicle available on standby for ADA requests at no cost as this vehicle is a part of the branded existing fleet. For more information about vehicle accessibility please reference the B3.6 Vehicle Capabilities section above. Circuit will craft a service that is available for all users. Having done so already in other markets, Circuit will be able to provide a trusted option for passengers with disabilities. The drivers are trained to be accommodating to everyone looking for aride. Riders with disabilities have the option to request an ADA vehicle with a loading ramp. This request can be made through the ADA accessible app or by flagging down drivers. More information can be found in Section 2.1. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 57 of 123 184 B7. Maintenance / Recovery Plan As stated in our Vehicle Maintenance section in Section B3.7.1, our in-house mobile service maintenance technicians are able to quickly respond to needs, and also adapt vehicles for the market. Vehicles are regularly maintained using rigorous checklists created in conjunction with the vehicle manufacturer. Typically, vehicles are inspected every 4,000 5,000 miles and the condition of filters, brakes, etc. are tracked and replaced accordingly. Additionally, data is shared about the cars’ performance in order to forecast future maintenance needs. As it does with ridership, Circuit takes a proactive approach to planning future needs. For more information on our vehicle maintenance processes please refer to Section B3.7.1 Vehicle Maintenance. Access to Additional Vehicles Given our nearby operations, specifically in Fort Lauderdale, Pompano Beach, Wilton Manors and South Florida in general, we are readily able to supply additional electric vehicles on short notice on an as-needed basis. In the event a vehicle needs maintenance, our on-staff, GEM-certified technicians can typically be in the market within 20 minutes. If needed, a new vehicle can be brought to the market, or for events, within 2 hours. We have 52 vehicles within Broward County, and 79 within South Florida that are Circuit owned and therefore we have immediate access to this fleet, including spare vehicles in our Fort Lauderdale market. While Circuit has found great value in using GEM WAEV Vehicles), Ford eTransit EV Vans, Tesla and similar EV Sedans, we have built our systems for the electric vehicle types to be interchangeable. B7.1 Commitment to Avoid Service and Operation Disruptions Circuit has almost 4 years of experience operating a micro-transit service with up to 13 vehicles. We have and would remain committed to keeping the service operational through challenges that can occur. We have a robust preventative maintenance plan and certified maintenance technicians on staff to respond City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 58 of 123 185 quickly (typically can be on site in under 1 hour) to diagnose and most times make any repairs or replace components on-site. In any event that a car needs a longer repair we have a large fleet in the area to send a replacement vehicle typically within 1 2 hours. Circuit is prepared to fulfill this requirement and is committed to avoiding service and operation disruptions. More details are provided about emergency management, risk mitigation, vehicle maintenance, customer service and operating procedures in Sections B3, B3.7, B4 and B5 B8, B.8.1 and B.8.2. B7.2 Scenario Response “The Contractor must also provide a response to this scenario: A vehicle breaks down in the middle of the afternoon (weekday) and the current outside temperature is 95 degrees Fahrenheit. The vehicle has a mixture of passengers: elderly, middle aged, children, and infants. Explain the Contractor's course of action that would be taken.” Circuit has extensive experience operating a high volume of shuttles moving tens of thousands of people every month. We are also contracted by Brightline Trains and have a response team for any disruption to train service where we dispatch EV Vans to move train passengers between stations if the tracks are temporarily closed. In the event of a vehicle breakdown, first and foremost we ensure that all passengers and staff are safe and clear from vehicular traffic. If an emergency response is needed we would call 911. We would direct all passengers to a safe area out of the heat, direct sun or inclement weather to wait for another vehicle to arrive. The driver of th disabled vehicle would then communicate with their supervisor to dispatch another vehicle to pick up the passengers. Direct communication via phone, text or a company slack channel ensures a quick response. For a disabled vehicle we have technicians nearby to diagnose and often repair on site, otherwise for larger repairs we have an account with both a local tow company and AAA if a vehicle needs to be transported on a flatbed trailer. Circuit is prepared to handle service disruptions and emergencies and has detailed its emergency management, risk mitigation and operating procedures in Sections B8, B.81 and B.82. B8. Risk Mitigation B8.1 Emergency Management Plan The Emergency Action Plan is designed to provide Circuit with a management tool to facilitate a timely, effective, efficient, and coordinated emergency response to significant events affecting our locations and our employees. Emergency management consists of four continuous stages: Mitigation This stage includes activities designed to reduce or eliminate risks to persons or property or to lessen the actual or potential effects or consequences of an incident. Mitigation measures may be implemented prior to, during, or after an incident. Mitigation involves ongoing actions to reduce exposure to, probability of, or potential loss from hazards. Measures may include analysis of hazard related data to determine where it is City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 59 of 123 186 safe to relocate temporary facilities. Preparedness Preparedness is a continuous process. Preparedness involves efforts at all levels to identify threats, determine vulnerabilities, educate and train the employees and identify required resources. Preparedness is focused on establishing guidelines, plans, procedures, protocols, and standards for planning, training and exercises, personnel qualification and certification, equipment certification, and publication management. Response Response includes activities that address the short-term and direct effects of an incident. It includes immediate actions to save lives, protect property and the environment, and meet basic human needs. Response also includes the execution of emergency operations plans and of mitigation activities designed to limit the loss of life, personal injury, property damage, and other unfavorable outcomes. As indicated by the situation, response activities include applying intelligence and other information to lessen the effects or consequences of an incident; increased security operations; and continuing investigations into the nature and source of the threat. Recovery Recovery incorporates the development, coordination, and execution of service- and site-restoration plans; the reconstitution of operations and services; treatment of affected persons; additional measures for environmental and economic restoration; evaluation of the incident to identify lessons learned; post incident reporting; and development of initiatives to mitigate the effects of future incidents. B8.2 Risk Mitigation Plans Risks Risk Level: H, M L Offerors Mitigation Plan Safety of Riders H Rider safety is the most important thing at the Circuit. Circuit realizes that many factors go into this including drivers, cars and operations. All of Circuit's drivers go through both criminal and driving record background checks. This is required by the company's insurance provider. Beyond the background checks, each driver is vetted by management before being hired. Upon starting, the driver fills out and signs safety forms, goes through a training process and is further evaluated while driving and not. Additionally, management regularly monitors feedback from riders via app ratings, email feedback, etc. The drivers are also instructed on what to do and who to contact during any potential emergencies. Circuit also maintains the cars using the best practices established over the company's 11 year history of clean safety. The cars are City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 60 of 123 187 inspected daily, preventative maintenance is performed to make sure everything is up to the company's standards. Additionally, older cars are rotated out once they've reached a certain mileage or fall below the company's high standards. Additionally, the GEM cars 25 MPH maximum speed, along with calming traffic, also does a great job to reduce the risk of a serious accident. Operations is the foundation of safety. Starting with the training, drivers learn how to operate the cars, safely pick up passengers - or get help for unruly patrons that should not ride, make sure all passengers are using their seatbelts, and more. Also, the drivers are instructed when to halt service. In the event of bad weather or other factors that may lead to unsafe conditions, we halt the service. Management is also able to monitor driver behavior and locate driver whereabouts using Samsara bi-directional dash cameras and our proprietary backend dashboard. Additionally, each driver is equipped with a company phone, fire extinguishers, first aid kits, and other necessary equipment. Safety and Security of personal belongings of riders and drivers H While the drivers do not handle the personal belongings of the passengers, every driver is encouraged to look around the car to make sure no one has left anything behind. In the event that something is left behind, the driver (if the passenger used the app) is able to call the last rider. If the rider does not respond then management is alerted via our internal messaging platform, Slack and belongings are held until someone claims them. If the app is included, passenger history is available to management to contact passengers as needed. Management has set up areas in all of its locations where drivers can safely store belongings, keys, phones, etc. Heat, Rain, Flooding, weather challenges M Weather can be a common concern in South Florida and Circuit has extensive experience with these issues in Hollywood and across South Florida. Management and drivers are in close contact and will halt services in the event that inclement weather leads to unsafe driving conditions. Safety is always a top priority. In the event of severe weather, Circuit takes the cars off of the road and stores them in indoor parking garages. Should space not be available, the back panels, rooftops and any extensions are removed from the cars to secure the vehicles. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 61 of 123 188 During King tides, flooded areas are avoided. Drivers can contact riders requesting in those areas to notify them that the area is not passable. Circuit can quickly add important alerts to our app so when you open the Hollywood location a timely message pops up prior to requesting a ride. Maintaining a reliable, consistent schedule of service H Circuit uses its experience, data and marketing knowledge to stay ahead of factors that might impact the schedule of service. Understanding traffic patterns, bridget and toll timing and demand levels allows the management team to deploy the appropriate number of vehicles at any time. Additionally, contingency plans are in place and replacement vehicles are available in nearby Fort Lauderdale, should one of the shuttles be inoperable. Also additional drivers are available on call and in Fort Lauderdale should one of the drivers call out sick. Circuit always keeps backup drivers and backup cars available in order to maintain a consistent schedule of service. Maintaining qualified drivers H Circuit uses qualified, 21 , W2, paid hourly employees and vets them heavily before hiring. This, and maintaining a comfortable workplace is the key to retention. Driver retention is a factor that the company is proud of. There are happy teams in every market of service and retention rates remain high in Hollywood at 94%!. Additionally, Circuit uses Homebase - a scheduling software - to keep the team connected, manage shifts, etc. Lastly, if using the app, all of the drivers receive feedback from passengers allowing management to adjust and improve accordingly. Keeping vehicles operational H The key to keeping vehicles operational is regular service, proper charging/storage conditions and staying ahead of problems. With a fleet of 100 vehicles, Circuit has developed many systems to keep the vehicles operational. Additionally, Circuit has developed a close relationship with the vehicle manufacturer that lead to national fleet pricing, extended warranties and priority maintenance. Vandalism or theft of vehicles M Unfortunately, Circuit has dealt with vandalism in the past. Theft and vandalism are always concerns but the team does everything it can to prevent such instances - locking cars, storage facilities, cameras, routine spot-checks and more. In the event vandalism or theft takes place, Circuit will use its data and schedule to determine the exact time and place and who was working or was the last to work. From there, all incidents will be reported to local law enforcement and the company’s insurance providers. Vehicular accidents with H Fortunately, Circuit has a very strong safety record with few incidents to report. In the event that something happens with other City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 62 of 123 189 automobiles, cyclists, pedestrians while on route automobiles, cyclists or pedestrians, the first move is always to see if anyone needs medical attention. If so, medical help will be sought immediately. The drivers are also equipped with fire extinguishers, first-aid kits, etc. From there, local law enforcement will be called to the scene. After such events, Circuit’s management will contact insurance providers and all parties involved in the incident. Circuit can also use data from the app to determine when the accident took place and how to mitigate future issues. B9. Local Vendor Preference As detailed in numerous sections above, Circuit, since launching the Sun Shuttle in 2019, has continued to maintain a local office, multiple facilities for parking and charging the fleet work with local businesses, and has built an amazing local staff, consisting of 74% who are proud to call Hollywood home. We work with, provide service to, and promote many local Hollywood based businesses. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 63 of 123 190 B9.1 Local Hollywood Presence Lease for office space in Downtown Hollywood since July 2019 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 64 of 123 191 Current City of Hollywood Business Tax Receipt City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 65 of 123 192 Circuit has for years and continues to work with multiple local Hollywood vendors including: ●Circ Residences 1776 Polk Street ●Costa Hollywood Beach Resort 777 N. Ocean Dr. ●Golden Touch Auto Spa 1625 S Federal Hwy ●RAV Communications 1518 Garfield Street ●World Tire Inc. 1215 N Federal Hwy B10. Pricing Circuit offers a turnkey service with all-in pricing, which includes vehicles, staffing, insurance, technology, management, maintenance, data reports, marketing and grant writing support. Circuit understands the City’s desire to offer a low-fare service to residents, visitors, and commuters in Hollywood as defined by the RFP in reference to the three MTZ zone areas. As desired, we are proposing that the service continue to have a $2 per-trip rider fare. The only additional fees or costs not included in the price template would be any special services that take place outside of the regular service hours, such as events, in which case an hourly rate of $30/hr for GEM cars and $40/hr for EV Vans would apply for event services. Circuit is often willing to donate its services for local causes and City needs. Please note that pricing options are all flexible and Circuit hopes to work with the City to explore these options and/or a combination of these options to craft a solution that benefits the needs of the community. Pricing can be reduced via fare and advertising revenue generation and/or by adjusting service hours, types of vehicles and quantities of vehicles deployed during certain months of the year. B10.1 Fixed Pricing Rate Proposed Option As Detailed in Section B1.2,our proposed operating plan was structured using the details from the RFP. This option is broken into 3 different MTZ zones and is designed to operate 8 hours per day, 7 days per week, for a total of 56 weekly Hours.Our pricing is broken out in the Bid Form Format, provided with the RFP in Section C2 below and attached. It’s important to note that Circuit’s pricing is all-inclusive and structured as a turn-key operator. Our pricing includes setup, on demand rider and driver apps, monthly data reports, vehicles Electric Vans and GEM cars), maintenance, management, drivers, training, parking and charging. The pricing for our proposed option is available in BID Form Pricing, using the structure preferred by the City. This pricing is broken out by zone and City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 66 of 123 193 includes a discount for guaranteed advertising revenues. Circuit understands that the City would like to split advertising revenues as 50% of net revenues. Circuit is willing to guarantee the bulk of these revenues upfront and then will discount future months if 50% of the net advertising revenue is greater than the guaranteed portion. Knowing we have local businesses as sponsors and more that are willing to sponsor we’re confident that demand from advertisers will continue to grow. Base year pricing details showing full costs, discount from guaranteed ads, Monthly Fixed Cost, and the expected fares to be returned to the City via the fare program.With all of these options Circuit is willing to provide an additional GEM NEV ADA vehicle to be available on standby for additional ADA requests, at no additional cost to the City. Please Note: The view below is only to provide more information. The Monthly Fixed Costs for our proposed option 56 hours/week, 3 zones) is available in Bid Form Pricing, Section C2 below and attached to the response. MTZ-1 (Hollywood Beach Zone) Total Number of NEV Cars 1 Total Number of EV Vans 1 Total Vehicles 2 Weekly Hours of Operation 56 Total Cost/Month $19,986.40 Discount for Monthly Advertising Guarantee -1400 Monthly Fixed Cost MTZ 1 $18,586.40 Expected Fares Returned to City -$3,049.17 Expected Monthly Net Cost MTZ 1 $15,537.23 MTZ-2 (Historic Downtown Zone) Total Number of NEV Cars 1 NEV + 1 Standby ADA NEV at no charge 2 Total Number of EV Vans 1 Total Vehicles 2 Weekly Hours of Operation 56 Total Cost/Month $18,031.28 Discount for Monthly Advertising Guarantee -1400 Monthly Fixed Cost MTZ 2 $16,631.28 Expected Fares Returned to City -$3,049.17 Expected Monthly Net Cost MTZ 1 $13,582.12 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 67 of 123 194 MTZ-3 (Hillcrest/Washington Park) Total Number of NEV Cars 0 Total Number of EV Vans 2 Total Vehicles 2 Weekly Hours of Operation 56 Total Cost/Month $23,598.40 Discount for Monthly Advertising Guarantee -1400 Monthly Fixed Cost MTZ 3 $22,198.40 Expected Fares Returned to City -$3,049.17 Expected Monthly Net Cost MTZ 1 $19,149.23 Circuit’s pricing will adjust with the hours needed and as more hours are added, the service becomes more cost effective. If the City would like to add additional hours for events, even pricing will be $30 per hour for GEM Vehicles and $40 per hour for Van Vehicles.Please reference Form 2 for Pricing. B10.2 Circuit Alternative Pricing Options Hollywood RFP 2023 Alternative Pricing Options are Detailed below and also available in Circuit Alternative Pricing Options Attachment and these options are further explained in Section B.1.2.2 above. Alternate Option A Hours Per Week 79 Total NEV Cars (3 Zones) 4 NEV + 1 Standby ADA NEV at no charge 3 Total EV Vans (3 Zones)4 TOTAL VEHICLES 7 Total Monthly Costs (3 Zones)$76,011 Monthly Discount for Ad Guarantee (pre total sales)-$4,620 Monthly FIxed Rate (3 Zones)$71,391 Annual Fixed Rated (3 Zones)$856,695 Monthly Expected Fares Returned -$12,921 Expected Monthly Total Cost to City (3 Zones)$58,470 Expected Annual Rate (3 Zones)$701,643 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 68 of 123 195 Alternate Option A is based on the existing hours of service. This option increases the total hours of service, compared to the proposed option and hours identified in the RFP, by approx 41%, while only increasing costs by approx 22%. Alternate Option B Hours Per Week 79 Total NEV Cars (3 Zones) 4 NEV + 1 Standby ADA NEV at no charge 5 Total NEV Cars (3 Zones) Low Season 2 Total EV Vans (3 Zones) Peak Season 4 Total EV Vans (3 Zones) Low Season 4 TOTAL VEHICLES (Peak Season)9 Total Monthly Costs (3 Zones) Peak Season $96,475 Total Monthly Costs (3 Zones) Low Season $76,011.27 Annualized Monthly Cost $86,243 Monthly Discount for Ad Guarantee -$5,390 Monthly FIxed Rate (3 Zones)$80,853 Annual Fixed Rated (3 Zones)$970,236 Monthly Expected Fares Returned -$15,075 Expected Monthly Total Cost to City (3 Zones)$65,779 Expected Annual Rate (3 Zones)$789,342 Alternate Option B is based on the existing hours of service. This option increases the total hours of service, compared to the proposed option and hours identified in the RFP. With this option, Circuit will add additional GEM Vehicles to the Hollywood market for the 6 busier months of the year and then will remove the cars from the market during the other 6 months. Circuit will cover the costs for adding and removing the vehicles and will cover the carrying costs of the vehicles not in service, at no expense to the City. Based on the current volume of riders, Circuit feels it’s necessary to add additional vehicles to the market. Alternate Option C Hours Per Week 79 Total NEV Cars (3 Zones) Peak Season 4 NEV + 1 Standby ADA NEV at no charge 5 Total NEV Cars (3 Zones) Low Season 2 Total EV Vans (3 Zones) Peak Season 4 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 69 of 123 196 Total EV Vans (3 Zones) Low Season 4 TOTAL VEHICLES (Peak Season)9 Total Monthly Costs (3 Zones) Peak Season $96,475 Total Monthly Costs (3 Zones) Low Season $76,011.27 Annualized Monthly Cost $86,243 Monthly Discount for Ad Guarantee -$5,390 Monthly FIxed Rate (3 Zones)$80,853 Annual Fixed Rated (3 Zones)$970,236 Monthly Expected Fares Returned -$22,612 Expected Monthly Total Cost to City (3 Zones)$58,241 Expected Annual Rate (3 Zones)$698,895 Alternate Option C is based on the existing hours of service. This option increases the total hours of service, compared to the proposed option and hours identified in the RFP. With this option, Circuit will add additional GEM Vehicles to the Hollywood market for the 6 busier months of the year and then will remove the cars from the market during the other 6 months. Circuit will cover the costs for adding and removing the vehicles and will cover the carrying costs of the vehicles not in service, at no expense to the City. Based on the current volume of riders, Circuit feels it’s necessary to add additional vehicles to the market. Furthermore, Circuit will set up a new pricing model that will adjust rider pricing by zones. For example, a ride from Zone 3 to Zone 1 might be $4, but a ride within Zone 2 might be $2. This dynamic pricing model will also be structured to incentivize larger groups and increase efficiencies. B10.3 Unbanked Riders If selected for the contract Circuit looks forward to working with the City to create solutions to address unbanked riders and Circuit has various options available for the City to do so. 1. Circuit accepts street hails and does not charge riders for flagging the service down. 2. Circuit's app accepts prepaid cards, so a user can purchase a prepaid card using cash and use this prepaid card to credit the account. 3. Circuit can work with local businesses or government offices to "sell" promotional codes to riders to pre-load their account with funds for rides. This is also a feature that Circuit can offer businesses to be able to pre-pay for blocks of rides for their employees. 4. Circuit can work with the City to create a dial-in dispatcher system if needed. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 70 of 123 197 C. Completed Forms and Certifications C1. This Submittal Checklist Confirmation City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 71 of 123 198 C2. Bid Form Pricing) CONFIDENTIAL Bid Form Exhibit C is also available as an attachment EXHIBIT C CITY WIDE MICRO-TRANSIT SERVICES PRICING SHEET NOTE: Creative/optional pricing is encouraged and welcomed by the City and can be submitted for consideration in addition to the pricing below. The hourly rate for special events should NOT be included in the totals below. Base Year: Micro-Transit Zones Monthly Fixed Rate Total 12 Months Number of Vehicles MTZ-1 Hollywood Beach Zone $18.586 $223,036 2 Vehicles (1 NEV, 1 EV Van) MTZ-2 Historic Downtown Zone $16,631 $199,575 3 Vehicles (1 EV Van + 1 NEV + 1 Standby ADA NEV at no Charge) MTZ-3 Hillcrest/Washington Park $22,198 $266,380 2 Vehicles (2 EV Vans) Micro-Transit Service: Special Events $30 for NEV $40 for Van (Per Hour) N/A TOTAL BASE YEAR:$57,416 $688,993 7 Vehicles Notes: ●Monthly Fixed Rate includes a built in discount for guaranteed advertising revenues, as described in Circuit’s response. ●Circuit will include an additional GEM NEV ADA Vehicle into the fleet, on standby to handle additional ADA requests, at no additional cost to the City. ●Monthly Fixed Rate Does not include expected farebox recovery. Based on Circuit’s estimates, the monthly net costs to the City, after farebox recovery would be: $15,537 for MTZ-1, $13,582 for MTZ-2, and $19,149 for MTZ-3. Expected annual net total of: $579,223 Option Year 1: City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 72 of 123 199 Micro-Transit Zones Monthly Fixed Rate Total 12 Months Number of Vehicles MTZ-1 Hollywood Beach Zone $18.586 $223,036 2 Vehicles (1 NEV, 1 EV Van) MTZ-2 Historic Downtown Zone $16,631 $199,575 3 Vehicles (1 EV Van + 1 NEV + 1 Standby ADA NEV at no Charge) MTZ-3 Hillcrest/Washington Park $22,198 $266,380 2 Vehicles (2 EV Vans) Micro-Transit Service: Special Events $30 for NEV $40 for Van (Per Hour) N/A TOTAL OPTION YEAR 1:$57,416 $688,993 7 Vehicles Notes: ●Monthly Fixed Rate includes a built in discount for guaranteed advertising revenues, as described in Circuit’s response. ●Circuit will include an additional GEM NEV ADA Vehicle into the fleet, on standby to handle additional ADA requests, at no additional cost to the City. ●Monthly Fixed Rate Does not include expected farebox recovery. Based on Circuit’s estimates, the monthly net costs to the City, after farebox recovery would be: $15,537 for MTZ-1, $13,582 for MTZ-2, and $19,149 for MTZ-3. Expected annual net total of: $579,223 Option Year 2: Micro-Transit Zones Monthly Fixed Rate Total 12 Months Number of Vehicles MTZ-1 Hollywood Beach Zone $19,051 $228,612 2 Vehicles (1 NEV, 1 EV Van) MTZ-2 Historic Downtown Zone $17,047 $204,565 3 Vehicles (1 EV Van + 1 NEV + 1 Standby ADA NEV at no Charge) MTZ-3 Hillcrest/Washington Park $22,753 $273,040 2 Vehicles (2 EV Vans) Micro-Transit Service: Special Events $30 for NEV $40 for Van (Per Hour) N/A TOTAL OPTION YEAR 2:$58,851 $706,217 7 Vehicles City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 73 of 123 200 Notes: ●Monthly Fixed Rate includes a built in discount for guaranteed advertising revenues, as described in Circuit’s response. ●Circuit will include an additional GEM NEV ADA Vehicle into the fleet, on standby to handle additional ADA requests, at no additional cost to the City. ●Monthly Fixed Rate Does not include expected farebox recovery. Based on Circuit’s estimates, the monthly net costs to the City, after farebox recovery for Year 2 would be: $15,925 for MTZ-1, $13,921 for MTZ-2, and $19,627 for MTZ-3. Expected annual net total of: $593,703 Option Year 3: Micro-Transit Zones Monthly Fixed Rate Total 12 Months Number of Vehicles MTZ-1 Hollywood Beach Zone $19,527 $234,328 2 Vehicles (1 NEV, 1 EV Van) MTZ-2 Historic Downtown Zone $17,473 $209,678 3 Vehicles (1 EV Van + 1 NEV + 1 Standby ADA NEV at no Charge) MTZ-3 Hillcrest/Washington Park $23,322 $279,866 2 Vehicles (2 EV Vans) Micro-Transit Service: Special Events $30 for NEV $40 for Van (Per Hour) N/A TOTAL OPTION YEAR 3:$60,322 $723,873 7 Vehicles Notes: ●Monthly Fixed Rate includes a built in discount for guaranteed advertising revenues, as described in Circuit’s response. ●Circuit will include an additional GEM NEV ADA Vehicle into the fleet, on standby to handle additional ADA requests, at no additional cost to the City. ●Monthly Fixed Rate Does not include expected farebox recovery. Based on Circuit’s estimates, the monthly net costs to the City, after farebox recovery would be: $16,323 for MTZ-1, $14,269 for MTZ-2, and $20,118 for MTZ-3. Expected annual net total of: $608,546 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 74 of 123 201 C3. Vendor Reference Forms City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 75 of 123 202 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 76 of 123 203 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 77 of 123 204 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 78 of 123 205 C4. Hold Harmless and Indemnity Clause City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 79 of 123 206 C5. Non-Collusion Statement City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 80 of 123 207 C6. Sworn Statement…Public Entity Crimes City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 81 of 123 208 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 82 of 123 209 C7. Certifications Regarding Debarment City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 83 of 123 210 C8. Drug-Free Workplace Program Circuit confirms that it maintains a drug free workplace. Our team did not sign this document as one or more of the details set forth in this form may be slightly different than the policies that we have in place. Circuit is happy to discuss these policies with the City and as stated above we are comfortable enacting the FDOT policies as needed, if selected for this contract. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 84 of 123 211 C9. Solicitation, Giving, and Acceptance City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 85 of 123 212 C10. W 9 Request for Taxpayer Identification) City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 86 of 123 213 C11. List of subcontractors Circuit will not use subcontractors on this project. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 87 of 123 214 C12. Certificate(s) of insurance City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 88 of 123 215 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 89 of 123 216 C13. Proof of State of Florida Sunbiz Registration City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 90 of 123 217 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 91 of 123 218 Appendix Appendix 1 Letters of Support Appendix 1.1 Rider Letter of Support: City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 92 of 123 219 Rider Letter Response Submissions: First name What most describes you?Additional Comments Louise Visitor Good service Jerry Visitor Kenya Resident Pete Visitor Doretha Resident Great service jeff Resident Veronica Resident Super friendly! Claudia Resident Kelsey Resident Kathleen Resident The drivers are always pleasant and helpful to our tourists Jim Resident Martina Visitor Wolfgang Resident Adriana Resident Amazing service BT Lou! Noah Other Pamela Visitor I used circuit in Pompano Beach and loved it! Dorothy Resident Circuit is wonderful, especially for senior citizens. Your drivers are all very nice. Thank you for this service. David Resident Linda Resident Wanda Resident She did a great job! Michael Visitor Michael Visitor City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 93 of 123 220 Wanda Resident Michael Visitor Elizabeth Visitor Alex our driver was fabulous!! Nicole Visitor This is such a great asset to the area. It made our trip easy and comfortable. Not only will I highly recommend this to my travel friends, I would be less apt to travel to the Hollywood/Lauderdale area without it. Kyle Visitor Shay Other Jason Resident Love Circuit, just another thing that makes Hollywood great! Erin Resident I don't have a car, so circuit is a critical part of my transportation paradigm. Michael Visitor Circuit is a great addition to the community! Drivers are always friendly and helpful! Connie Resident, Business Owner A pleasure to feel I’m in vacation in my own city! Alana Resident Joe Visitor Jerry Visitor Ralph M was a great very personable driver. We really enjoyed the ride. jason Visitor Steven was a great driver and very informative. Sandra Resident Perfect service! Sandy Visitor Laura Visitor Love the circuit! Corinne Visitor The drivers are ALWAYS so nice and helpful. Carolina Resident Keri Resident Patricia Resident David Resident City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 94 of 123 221 Zhanna Visitor Niki Visitor Lauren Resident Amazing service! Cant wait to ride again! Tim was fantastic Elizabeth Visitor Stephen was a great driver. Very informative and fun! Thank you! Susan Resident Great service mark Visitor great service well run - nice alternative to ride share Sul Visitor Love Stephen! Arielle Resident Circuit is a blessing for me. I dont have a car and im handicapped so im limited in my ability to walk distances. Circuit allows me to go grocery shopping, run errands, and even go to the beach. Im super grateful- we need more circuit everywhere- Protect our Earth from car pollution and continue to offer low cost rides . Thank you Monika Visitor Latoya Resident Latoya Resident Heather Visitor Casual ride. Loved it Alex Resident Isabel Resident Love the convenience. Especially appreciated with out-of-town visitors. Lynn Resident Randy Visitor James Remmy Resident Great service and friendly drivers. Dominic Resident DEBBIE Visitor We are from Pennsylvania but visit Hollywood frequently and love using Circuit City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 95 of 123 222 Tatiana Resident I love it! Wish it was even more encompassing in the Lakes area! Michael Resident Beverly Resident I really enjoy the service its an asset to my life Beverly Resident I really enjoy the service its an asset to my life Susan Resident Circuit provides a vital service for the community! Tracy Visitor Gloria Resident Terri Resident I love the service! margarita Resident love CIRCUIT !!! Anna maria Visitor I love circuit .we dont have a car while were here very useful to us . Thank to all staff . By the way all drivers are very pleasant . Shanita Resident Tassana Resident I love the circuit it takes me to the beach and activities around the area I love it Dave Visitor Circuit is a wonderful service. I wish the hours were earlier in the morning. Linda Resident Excellent service. Friendly drivers. Tim & Yolanda are great salvina Other Rogelio Resident Is really Good and Nice for the city of Hollywood Rene Resident My family and I live circuit! NINA Visitor I look forward to the Circuit rides and the friendly service every time I visit. It's invaluable! Denise Resident Robin Resident Luz Resident I looove circuit transportation. I wish you ran a bit earlier. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 96 of 123 223 Kevin Resident Josefina Resident Claude Resident Matthew Resident Tony Resident Tony Resident Dan Hana Resident Leslie Visitor Nan Visitor This is a tremendous service in an area with a shortage of parking places! Used it many times. Bryan Resident, Business Owner John Visitor Dirk Visitor We stayed in Hallandale this January and used circuit many times. I would like to see more use of this technology and keep it as a form of transportation in Hollywood as well in other communities Donnette Resident Raul Resident Ivan Resident Princess Resident I would love this for Washington dc Elly Resident Mike Resident Love the circuit. I will be taking it tonight to the beach. Alan Resident, Business Owner Great Service Drivers are always Happy and have a Smile on there face Vehicle always clean Lynda Visitor Kristine Business Owner Circuit has been a great addition to the Hollywood area and reduces traffic. Isaac Resident Keep up the good work! City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 97 of 123 224 Steven Visitor This is a wonderful additional benefit to coming to visit Hollywood! Eric Resident Peter Resident Doug Business Owner Alex Business Owner It's great! Ian Business Owner Alana Resident City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 98 of 123 225 Appendix 1.2 Letters of Support: Appendix 1.2.1 Water Taxi City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 99 of 123 226 Appendix 1.2.2 Downtown Development Authority, WPB City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 100 of 123 227 Appendix 1.2.3 Cityfi City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 101 of 123 228 Appendix 1.2.4 Billy’s Stone Crab City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 102 of 123 229 Appendix 1.2.5 World Tire Inc. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 103 of 123 230 Appendix 1.2.6 Margaritaville City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 104 of 123 231 Appendix 1.2.7 Le Tub, Tiki Tiki, GG’s City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 105 of 123 232 Appendix 1.2.8 Diplomat Beach Resort Valet Services) City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 106 of 123 233 Appendix 2 Example of Data Report Appendix 2.1 February 2023 Hollywood Data Report Below showcases the most recent monthly report of the Hollywood Sun Shuttle. Additional highlights include a $4.53 net cost per rider Almost 90% lower than comparable micro-transit systems), 148,000 annual riders, 11,859 passengers in the short month of February 2023, and 41 passengers per revenue hour. Over the past 10 months of operation, the Hollywood Sun Shuttle Circuit has reduced greenhouse gas emissions by 242 metric tons CO2, saved over 27,231 gallons of gas, and reduced traffic congestion by 182,000 miles driven (by an average gasoline-powered vehicle). This GHG savings is the equivalent to the emissions reduced by 4,001 tree seedlings grown for 10 years (calculated using EPA GHG Equivalencies Calculator9). 9 https://www.epa.gov/energy/greenhouse-gas-equivalencies-calculator City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 107 of 123 234 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 108 of 123 235 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 109 of 123 236 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 110 of 123 237 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 111 of 123 238 END OF REPORT City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 112 of 123 239 Appendix 3 Case Studies Appendix 3.1 Hollywood Case Study Hollywood Sun Shuttle 2023 Case Study- Page 1 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 113 of 123 240 Hollywood Sun Shuttle 2023 Case Study Page 2 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 114 of 123 241 Hollywood Sun Shuttle 2023 Case Study- Page 3 (last page) City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 115 of 123 242 Appendix 3.2 Brightline Case Study Brightline Case Study- Page 1 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 116 of 123 243 Brightline Case Study- Page 2 Brightline Case Study- page 3 (last page) City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 117 of 123 244 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 118 of 123 245 Appendix 3.3 San Diego Case Study San Diego Case Study- Page 1 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 119 of 123 246 San Diego Case Study- Page 2 San Diego Case Study- page 2 (last page) City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 120 of 123 247 Appendix 4 Additional Past Project Experience Appendix 4.1 New Rochelle NY Type of Service On-demand micro-transit services Contract Term August 2019 present Nature of Services In 2019, Circuit started a pilot program with the City of New Rochelle’s Industrial Development Agency IDA . The goal was to promote the downtown area’s businesses and new developments and to provide a free connection to the Metro-North Railroad. The program was a fast success, prompting the City to issue an RFP that Circuit was fortunate to win in January 2020. The service and local team quickly ingrained itself in the community, including coordination and outreach with Veterans groups, senior living communities, and the Chamber of Commerce. During the pandemic, Circuit partnered with 511NYRideshare to provide trips to visiting nurses between hotels and the Montefiore Hospital. Nature & Type of Vehicles: all-electric Polaris GEM e6 Circuit vehicle in New Rochelle Appendix 4.2 Brightline Type of Service On-demand micro-transit services, fare-based program Contract Term August 2021 present Nature of Services In 2021, Circuit was selected to provide on-demand first/last mile services by Brightline Trains for their reopening under the new program Brightline+. Service focuses on providing rides to/from Brightline stations within a specified radius of the Fort Lauderdale, West Palm Beach, and Miami stations. Passengers can now book private or shared rides in EV’s to and from all stations during the purchase of their train tickets online or in app. The innovative door to door service has significantly increased the user experience, streamlined travel, replaced ICE trips with EV trips and created 65 jobs. Nature & Type of Vehicles: all-electric mixed fleet with Polaris GEM e6, Tesla Model Y, and electric passenger vans City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 121 of 123 248 Circuit GEM vehicles with Brightline branding at Brightline trains reopening and Brightline+ launch event Appendix 4.3. West Palm Beach, FL Type of Service On-demand micro-transit services Contract Term January 2013 present Nature of Services Circuit has operated on-demand services using electric vehicles in the area since 2013. We focused on riders within West Palm Beach and Palm Beach. This service has been provided over these years with funding support from brand sponsors as well as a small fare program. In 2021, Circuit won a contract with West Palm Beach DDA to offer expanded and fare-free services in West Palm Beach and Palm Beach. Nature & Type of Vehicles: all-electric Polaris GEM e6 Circuit vehicles in West Palm Beach with local business and safe street initiatives branding Appendix 4.4 Pompano Beach, FL Type of Service On-demand micro-transit services Contract Term 2021 present City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 122 of 123 249 Nature of Services In 2020, Circuit was selected for this project through competitive RFP and began operating in Spring 2021. The coverage area includes Downtown Hollywood and Hollywood Beach and consistently experiences high demand. This program began as a self-branded service and then opened for third party advertising. Nature & Type of Vehicles: all-electric Polaris GEM e6 Circuit vehicles in Pompano Beach with City officials at ribbon cutting, 2021 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 123 of 123 250 City-Wide Micro-Transit Services 17 of 18 EXHIBIT D – Service Areas Micro-Transit Zones shown below may adjusted during the Contract Term based on demand/City needs at no cost to the City as long as there is no net change to the number of vehicles/hours of operation On-Demand Micro-Transit Zones Designated Drop-off/Pick up locations for the Fixed Route pilot test 251 City-Wide Micro-Transit Services 18 of 18 EXHIBIT E – Pricing Total Costs – All Zones Unit Costs 252 Presentation For Shuttle Service Update- Q5 (April 1- June 30 2025 ) 253 Coastal Cruiser Hours of Operation Monday: 10:00am - 8:00pm Tuesday: 10:00am - 8:00pm Wednesday: 10:00am - 8:00pm Thursday: 10:00am - 8:00pm Friday: 10:00am - 10:00pm Saturday: 10:00am - 10:00pm Sunday: 10:00am - 8:00pm Total Cars: 4 (including 1 ADA GEM) 254 Portal Dashboard- New! 33 ●Streamlined Insights: Updated search and charting capabilities + UI improvements ●Chart Builder: An all-new tab allowing for self-serve customized visualization of 18 metrics, allowing the user to view totals and percent changes of each metric over any time frame. Visualize data the way you want to see it with multiple settings including: chart types, data labels, selectable days of the week, custom date ranges and more. ●Interactive Capabilities: Expanded filter options and updated custom date ranges added throughout. Several worksheets allow for granular data selection by day week, month, day of the week, and much more! 255 4 Boynton Beach Snapshot- April 1 - June 30 2025 Total Rides (including 27 ADA rides!) Total Passengers Avg. Driver Rating Avg. Wait Time- EXCELLENT! Avg. NEW unique Users per month Avg. User Age In Economic Impact- Restaurants and Shopping! In Economic Impact- Essential Needs and Errands 3, 774 4, 437 4.96 6:33 100 49 $40k + $15k + 256 Boynton Beach Ridership YTD April 1- June 30 Ridership stays steady and consistent from peak season- March. Key Highlights: Overall growth in ridership: Ridership (total pax), has grown steadily from 1,197 in January to 1,506 in June. And July even more riders at 1,585, so far. Overall increase of 32% in total pax from Jan- July. Completed trips also increased: Trips rose from 906 in January to 1,133 in June. A 25% increase. 257 6 Boynton Beach Top Locations Top pick up and drop off destinations: ●Beach Stop ●Publix ●Banana Boat ●Walmart ●Two George’s *Top locations remain consistent with previous quarter, no big changes for drop off and pick ups* 258 April 1- June 30, FRIDAY AND SATURDAY ONLY 4pm remain busiest hours compared to previous quarter, slight increase in ridership in the 3pm, 4pm and 6pm. Compared to last quarter 5pm busy hour. Boynton Beach Ridership 259 April 1- June 30 SUNDAY-THURSDAY ONLY 10am spike (compared to previous quarter), 3-5pm remain busiest hours Boynton Beach Ridership 260 Unique Users- by ride requests, total new users MoM March- highest new users, new users however continue each month Boynton Beach Ridership 261 Riders love Circuit in Boynton Beach! 1010 4.9 User Rating! 262 Thank you!! We’re ready to continue to move Boynton Beach forward! See what we’re up to on social @ride_circuit Connect with our Sales Team & get started jason@ridecircuit.com↓Visit us ridecircuit.com↓↓263 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: August 12, 2025 INFORMATION ONLY AGENDA ITEM 8.B SUBJECT: Heart of Boynton Shops Project Update SUMMARY: The Heart of Boynton Village Apartments & Shops provides 124 affordable multi-family rental units, as well as, 8,250 square feet of leasable commercial space. This agenda item provides update on the current project status for the Heart of Boynton Shops. Tenant Update: Unit 101/102: Lease signed; permit application on May 21, 2025; review cycle #2 completed on July 3, 2025 Unit 103: Permit issued on 2/13/25; construction underway Unit 104: Permit issued on 2/7/25; tenant selected different contractor Unit 105: Permit issued on 2/4/25; construction underway Unit 106: Permit issued on 2/4/25; construction underway Unit 107: Permit issued on 2/4/25; tenant selected different contractor Unit 108: Permit issued on 2/4/25; construction underway Build-out Update: March 10, 2025: underground plumbing completed March 27, 2025: concrete floor completed April 8, 2025: demising wall framing completed April 17, 2025: Unit 104 and 107 were turned over to the tenants to complete their build- out with their preferred contractors April 25, 2025: interior framing began in Unit 103, 105, 106 and 108 May 5, 2025: electrical work began in Unit 103, 105, 106 and 108 May 19, 2025: site visit with tenants to select cabinet colors and have one-on-one walkthroughs with Unit 103, 105, 106 and 108 May 30, 2025: ongoing electrical work in Units 103, 105, 106 and 108 June 3, 2025: HVAC work in Unit 108 and 106 nearing completion July 30, 2025: HVAC work in Unit 103,105, 106 and 108 nearing completion; data install nearing completion in Unit 108; hood install for Unit 105 schedule for beginning of August Beginning July 30, 2025, CRA Staff meets weekly onsite at the Heart of Boynton Shops. 264 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. 265 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: August 12, 2025 INFORMATION ONLY AGENDA ITEM 8.C SUBJECT: CRA Economic & Business Development Grant Program Update SUMMARY: The CRA's reimbursable Economic Development Grants provide 50% of the project costs in matching funding for rent and commercial property improvements. The grant programs continue to further the CRA's mission to activate vacant commercial space, assist businesses, create jobs and develop a vibrant downtown. Grant guidelines and applications can be downloaded from the CRA website www.boyntonbeachcra.com. Below is a status report of the CRA's Economic Development Grant Programs and Business Development activities for FY 2024-2025: FY 2024-2025 Budget $600,000 Mid-year Budget Adjustment $400,000 Grants Awarded Since October 8, 2024 ($741,246) Remaining Fund Balance as of 8/5/25: $258,754 List of CRA Board approved Economic Development Program Grantees since October 8, 2024: Business Name Address Grant Grant Amount Chow Hut LLC 425 NE 4th Street Property Improvement $25,000 Design Stop LLC 1505 S. Federal Highway Rent Reimbursement $21,000 266 Spectrum Innovations Inc.1300 W. Industrial Avenue, Unit 113 Rent Reimbursement $11,700 The Meaning Channel Group LLC 1210 S. Federal Highway, Unit 101 Rent Reimbursement $15,750 Thai Venture Group LLC d/b/a Kabuki Sushi Thai Tapas 321 E. Woolbright Road Rent Reimbursement Property Improvement $84,000 Loveli Tea LLC 306 E. Boynton Beach Boulevard Rent Reimbursement Property Improvement $56,000 EGVV LLC d/b/a Paloma Mexican Restaurant 510 E. Ocean Avenue, Unit 105 Rent Reimbursement $24,000 DSS Restaurant Management Inc. d/b/a Two Georges 728 Casa Loma Boulevard Property Improvement $59,750 Robinson BBQ Inc.132 E. Martin Luther King Jr. Boulevard Property Improvement $27,900 Bungalow at Boynton LLC d/b/a The Bungalow Bar & Grill 511 NE 4th Street Rent Reimbursement $24,000 The Meaning Channel Group LLC 1210 S. Federal Highway, Unit 101 Property Improvement $9,571.48 AJF Dental LLC d/b/a Forbes Dental 1315 N. Federal Highway, Suite 1 Rent Reimbursement Property Improvement $51,750 JB Dental Care LLC 137 NE 10th Avenue, Unit 103 Rent Reimbursement Property Improvement $39,432.48 Diane Andre Mediation LLC d/b/a Law and Mediation Office of Diane Andre Esq. 137 NE 10th Avenue, Unit 106 Rent Reimbursement Property Improvement $38,450 The M Salon & Spa LLC d/b/a Nails & Co. 510 E. Ocean Avenue, Unit 104 Rent Reimbursement $21,000 Home with Help of Florida Inc.1220 S. Federal Highway, Unit 1010 Property Improvement $13,667.09 Xpedited Health LLC 137 NE 10th Avenue, Unit 101 & 102 Rent Reimbursement Property Improvement $49,875 Driftwood 2005 LLC d/b/a Driftwood 2005 S. Federal Highway Property Improvement $50,000 267 Colonial Center Condo Association Inc. 1230 S. Federal Highway, Unit 101 Property Improvement $25,000 Simon Warren Enterprises LLC d/b/a Furniture Medic 1370 W. Industrial Avenue, Unit 108 Rent Reimbursement $12,900 PENDING AUGUST 12, 2025 APPROVAL SFEB LLC d/b/a SoFresh 522 E. Woolbright Road Rent Reimbursement Property Improvement $80,500 List of new Business Tax Receipts issued in the CRA boundaries in June and July 2025: Business Name Address Use Alix Mobile General Mechanic 700 W. Industrial Avenue Auto Repair Municipal Contractors Inc 639 E. Ocean Avenue Professional Office Boynton Beach Dentistry 1315 N. Federal Highway Medical Office Diedraz Soul Food and More LLC 411 S. Federal Highway Caterer Venasky Tailor Experience LLC 312 E. Boynton Beach Boulevard, Unit 5 Garment Services FISCAL IMPACT: FY 2024-2025 Budget, Project Fund, Line Item 02-58400-444, $1,000,000 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. 268 •Attachment I - Quarter 3 Report •Attachment II - Crime Stats •Attachment III - Executed Fourth Amendment to the Interlocal Agreement Between the City and CRA for NOP Operations Funding •Attachment IV - NOP FY 2024-2025 Budget COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: August 12, 2025 INFORMATION ONLY AGENDA ITEM 8.D SUBJECT: Neighborhood Officer Program 3rd Quarter Report for FY 2024-2025 (April 2025 - June 2025) SUMMARY: The CRA funded Neighborhood Officer Program (NOP), in partnership with the Boynton Beach Police Department, has submitted their Unit Activity Report for the 3rd Quarter (April 1 - June 30) Fiscal Year 2024-2025, along with the Crime Stats for the same time period (see Attachments I-II). The NOP Quarterly report is required under the the funding terms of the Interlocal Agreement between the CRA and the City of Boynton Beach for FY 2024-2025 (see Attachment III). The FY 2024-2025 NOP Budget is provided as Attachment IV. FISCAL IMPACT: FY 2024-2025 Budget, Project Fund 02-58500-460: $858,406 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan, Heart of Boynton District (pages 105- 118) CRA BOARD OPTIONS: No action is required at this time unless otherwise determined by the CRA Board. ATTACHMENTS: Description 269 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY NEIGHBORHOOD OFFICER POLICING PROGRAM Quarter 3 Fiscal Year 2025 Quarterly Report April 1, 2025 to June 30, 2025 270 2 TABLE OF CONTENTS I. Community Oriented Policing Defined page 3 II. Quarterly Report Requirements page 3 III. CRA & Boynton Beach Police ILA Activities page 4 IV. Neighborhood Officer Program (NOP) • NOP Organizational Chart page 5 • Mission Statement & Tasks page 5 • Officers Quarterly Work Hours page 7 • Significant Quarterly Activities by week page 8 • Photos – Community Events & Business Walks page 18 • CRA Area Crime Statistics page 24 271 3 Community Oriented Policing Defined Community policing definitions typically focus on three components that characterize many programs: some level of community involvement and consultation; decentralization, often increasing discretion to line-level officers; and problem solving. Because community policing is focused on close collaboration with the community and addressing community problems, it has often been seen as an effective way to increase citizen satisfaction and enhance the legitimacy of the police and the evidence is supportive in this regard. A major goal of this proposed neighborhood officer program is to cultivate high levels of mutual trust, understanding and respect between police and the residents of the neighborhoods they patrol and to ensure there is a visible presence of police in the community. In order to achieve this, it is necessary that these Community Partners develop relationships which transcend the confines of ordinary community policing activities and instead focuses upon building sustainable problem- solving partnerships. Additionally, the building of problem-solving partnerships and substantive relationships with invested members of the community will lead to a greater understanding of some of the challenges members of the public face and help the police department garner unique insights which might aid in addressing these challenges. This program helps effectively integrate police personnel into the fabric of our community. Reducing crime and disorder and improving the quality of life within historically blighted neighborhoods requires the development of these types of productive and meaningful relationships between citizens and representatives of their local government. As the most visible and accessible municipal agency, police personnel are uniquely postured to serve as a catalyst to an array of city services, community resources and organizations which can aid those in need as they work to better their circumstances and work in concert with other Community Partners to confront the challenges they identify within the community. Quarterly Report Requirements: The scope of this quarterly report is to fulfill the Program requirements set forth in the Inter-Local Agreement (ILA) between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency (CRA); whereas the CRA shall be provided a written report outlining the following: • Hours worked by the Program Officer; • Name, rank and badge number of Program officers who have worked the Program during the reporting period; • Activities undertaken to achieve the goals of the Program; and • Crime statistics for the reporting period 272 4 CRA & BOYNTON BEACH POLICE DEPARTMENT ILA ACTIVITIES • The Boynton Beach CRA and the City will provide a visible base of operations for this Program located at 119 E. Martin Luther King Jr. Blvd. Unit #8, which will act as a neighborhood storefront police station (Under Construction). • Police personnel assigned to this Program will be assigned within the CRA area. • Assist with public education and crime prevention within the CRA area. • Identify neighborhood specific problems and help with the coordination of other City services to resolve the issues. • Implement the use of an automatic license plate reader (ALPR) as an intelligence gathering platforms. • On a quarterly basis, the Police Department shall provide the CRA with cri me statistics for the CRA area along with data gathered by the ALPR and a GIS map identifying where crimes are occurring in the area. • Police personnel assigned to this unit shall patrol: (a) On foot, (b) on bicycle, or (c) on Segway vehicles, (d) on golf carts, or (e) other department issued vehicles. • Police personnel assigned to this function shall work a minimum of 40 hours a week. Twenty of these hours should be spent being visible in the community, building relationships, collecting information and providing resources and information to residents and business owners who seek to promote positive change within their neighborhood. Specific emphasis should be given to those actions which will contribute to the attainment of the goals established with Community Partners such as but not limited to attend regularly scheduled Community Partners’ meetings and establish attainable goals with measurable outcomes with Community Partners. • The schedule for these Police personnel shall not be set, established or publicly posted. Their presence should be anticipated at any time by those who may be disrupted by their integration into the CRA area. • Police personnel assigned to this function will be furnished with either cell phones or, at minimum, voicemail accounts, which will be used to correspond with police personnel directly. CRA staff shall be provided with a list of these phone numbers and protocol for telephone contact or dissemination of information by the CRA to the Officers assigned to the Program. • CRA staff shall be informed of the Neighborhood Officers hours on a regular basis. • The CRA shall be provided with an organizational chart of the Officers assigned to the Program listing rank, badge numbers and years of service. • The CRA shall be provided a quarterly written report outlining the following: o Hours worked by the Program Officer o Name, rank and badge number of Program officers who have worked the Program during the reporting period. o Activities undertaken to achieve the goals of the Program o Crime statistics for the reporting period. 273 5 • The Police Department shall provide an annual written report summarizing the goals achieved along with a crime statistics report and associated map. Included in the report shall be recommendations for Program changes for the next fiscal year. • Funding for the Neighbor Officer Policing Program shall be at the discretion of the CRA Board and appropriated annually. • While the CRA will provide funding to support this program, operational and supervisory control remains with the Police Department. CRA Officers & Organizational Chart: ❖ Officer Vazquez was re-assigned on April 28, 2025 to the department’s Detective Bureau. Officer Vazquez’ position was filed by Officer Carter on July 14, 2025. CRA Officers Mission Statement & Tasks: Mission Statement: The NOP Program is a collaborative commitment with the CRA to create a prosperous and vibrant downtown district while providing safety to the business owners, residents, and visitors. This will be accomplished by having motivated, interested, and engaged officers who know their business owners, clergy and residents and stay in tune and engaged with the community through regular face to face contacts. Through these contacts, crimes and community problems will be proactively and promptly addressed and enforced. When a community is well cared for and appropriately policed, it is more inviting to potential business owners, residents and guests and crime is collaboratively controlled through a whole of community approach. 274 6 Tasks: • Solicit Trespass Agreements from all business in the CRAs district • Solicit retailers in the CRA’s district to sign up for the Telegram App. This app will be used as an information sharing mechanism between retailers and the department regarding theft suspects, vandals, trespassers etc. • Serve as the first line of engagement with business owners, citizens and guests to resolve needs and conflicts. • Monitor radio for in-progress crimes and nuisance calls in the CRAs District and respond and investigate those crimes. Specifically, CRA Officers are required to respond to all in progress calls to include but not limited to robberies, retail thefts, shootings, aggravated assaults & batteries, etc. • Instances of Public Nuisance have the potential to affect the health, safety, welfare, and/or comfort of the general public. Therefore, CRA Officers are required to address all observed and reported instance of public nuisance offenses, to include but not limited to public intoxication, public drinking, public urination and defecation, harassment, intimidation, and passing out in public places. • Patrol the CRA areas of the city with a positive solution-based approach. • With CRA input, identify people with significant influence within the community (members of the clergy, community activists, longstanding residents who are well- respected); work with them to cultivate partnerships and organize activities which will address the needs and challenges identified. • Work closely with Community Standards to identify and efficiently resolve code violations. • Collaborate with and develop relationships with city departments so that relevant community complaints can be promptly resolved or mitigated. • Monitor panhandlers and trespassers and take appropriate action to resolve the activity. • Utilize “My Boynton App” to log and monitor code violations and community concerns when the matter cannot be immediately addressed. • Partner with the agency’s victim advocate and community programs to provide outreach and assistance to the unhoused. • Attend monthly CRA meetings, events, and special meetings when assigned. 275 7 CRA Officers quarterly work hours: The CRA Officers are assigned to work four (4) ten (10) hour shifts during a calendar week. During the quarter, the officers were assigned to work Monday to Thursday and Tuesday to Friday. The table below depicts the officers’ individual time during the quarter: Officer Eligible Quarterly Normal Work Hours Road Patrol Hours Worked Actual CRA Patrol Hours Approved Leave Hours Approved Training Hours CRA Overtime Hours Davis 520 0 517 9.0 59 30 Vazquez 150 0 150 4.0 0 16.75 Borrero 520 0 420 108 60 24.75 Brown 520 0 496 52.50 25 23.50 Note: The overtime hours listed above do not include CRA Detail hours worked, other department overtime or department detail hours worked by the listed officers. The only overtime hours included above are directly attributable to supplementary activities, duties or responsibilities in the CRA District. Additionally, Actual Patrol hours do not include overtime hours worked of any kind and exclude road patrol hours worked, approved leave hours and approved training hours. Mission Relevant Quarterly Activities Executive Summary: During the quarter the CRA Officers were not required to work regular road patrol hours as set forth in the above table. During this quarter the CRA Officers continued to respond to community complaints regarding illegal activities at Palmetto Green Park and along NE 13th Avenue. The CRA Officers also worked with other City departments to ensure the park was cleaned and made desirable for normal users. By the end of the second quarter of FY 25, the use of Palmetto Green Park by abnormal users was eliminated. Additionally, during quarter 3 the City’s Recreation & Parks Department in collaboration with the CRA Officers held community meetings where they presented proposed options for changes to Palmetto Green Park. The decision by the community for the future of Palmetto Green Park has not been finalized. The final decision for the future of Palmetto Green Park, if available, will be provided in next quarter’s report. During the 3nd Quarter of FY 2025, the CRA Officers accomplishments included, but were not limited to: attendance at 8 community events/meetings, completion of 99 extra patrols/business checks, attendance at 6 CRA Board/Advisory Board Meetings, 12 arrests and 103 traffic stops. Business walks and checks, whether conducted solely by the CRA Officers or in collaboration, with CRA staff, are opportunities to build bridges and relationships with the CRA District’s 276 8 business Community. During these self-initiated contacts, the CRA Officers and staff listen to concerns and problems and provide information and solutions to the business community. These grass root contacts, serve as a critical information source and as a foundational basis for creativity and problem solving. Like business walks and checks, community meetings and events serve to inform the CRA Officers and Police Department Command Staff of concerns, but the concerns voiced in these venues are generally more individual and community based. At these meetings, community concerns regarding traffic problems, crime and community cleanliness are brought forward, among others. The CRA Officers and Police department staff respond to the community’s concerns by providing input and recommendations and when appropriate work with other city departments to resolve these concerns swiftly and efficiently. Community confidence in law enforcement increases when the community sees their police department values and responds to their concerns and needs and works in conjunctions with other city departments to institute positive change. Specific Mission Relevant Quarterly Activities Undertaken by Week: Week 1 – 04/01/2025 to 04/06/2025 • A suspicious incident was investigated at 1600 N. Federal Hwy., (Ocean Palm Plaza) Case# 25-024902 • A bike patrol operation was done at 580 E. Woolbright Rd. (Sunshine Square) Case#25- 024767 • A simple battery was investigated at 1730 NE 6th Street, Case#25-025048 • A police assist was performed at 640 E. Ocean Ave. (Ocean Plaza) Case#25-025083 • A business check was done at 580 E. Woolbright Rd. (Sunshine Square) Case#25-025243 • An extra patrol was done of 580 E. Woolbright Rd. (Sunshine Square) Case#25-025276 • A business check was done at 3625 S. Federal Hwy. (Walmart) Case#25-025674 • Officers conducted ten (10) traffic stops Week 2 – 04/07/2025 to 04/13/2025 • A suspicious person was investigated at 2010 N. Federal Highway (Boat Ramp) Case#25-026610 • An extra patrol was done of 1600 N. Federal Hwy. (Ocean Palm Plaza) Case#25-026604 • An extra patrol was done of 421 NE 13th Ave. (Palmetto Green) Case#25-026602 • An extra patrol was done of 234 NW 10th Ave. (Sara Sims) Case#25-026605 • An extra patrol was done of 743 NE 1st Ave. (Marina) Case#25-026683 • A suspicious person was investigated at 100 NE 10th Ave. (Dollar General) Case#25- 026722 • A suspicious person was investigated at 1600 S. Federal Hwy. (Riverwalk Plaza) Case#25- 026611 277 9 • An extra patrol was done of 1600 N. Federal Hwy. (Ocean Palm Plaza) Case#25-026926 • An extra patrol was done of 117 NE 10th Ave., Case# 25-026978 • A traffic arrest was made at 400 NE 13th Ave., Case#25-026971 • A theft was investigated at 406 NW 12th Ave., Case#25-027257 • An extra patrol was done of Ocean Breeze Circle, Case#25-027212 • An extra patrol was done of 640 E. Ocean Ave. (Ocean Plaza) Case#25-027215 • An extra patrol was done of 234 NW 10th Ave. (Sara Sims) Case#25-027258 • A police assist was performed at 3625 S. Federal Highway (Walmart) Case#25-027297 • An extra patrol was done of 501 SE 18th Ave., Case#25-027530 • Officers conducted seventeen (17) traffic stops Week 3 – 04/13/2025 to 04/19/2025 • An extra patrol was done of 700 E. Boynton Beach Blvd. (Marina Village) Case#25- 028536 • A suspicious person was investigated at 2240 N. Federal Hwy. (Intracoastal Park) Case#25-028540 • An extra patrol was done of 421 NE 13th Ave. (Palmetto Green) Case#25-028528 • A police assist was done at 643 Saint Marks Place, Case#25-028529 • A trespass warning was issued from 643 NE 4th Ave., Case#25-028600 • An extra patrol was done of 700 E. Boynton Beach Blvd. (Marina Village) Case#25- 028802 • A trespassing complaint was handled at 580 E. Woolbright Rd. (Sunshine Square) Case#25-028769 • A theft was investigated at 408 NW 13th Ave., Case#25-028755 • A business check was done of 3625 S. Federal Highway (Walmart) Case#25-028798 • A police assist was performed at 2521 S. Federal Highway, Case#25-029014 • A business check was done of 580 E. Woolbright Rd. (Sunshine Square) Case#25- 029039 • A field interview was done at 100 NE 10th Ave. (Dollar General) Case#25-029088 • A suspicious incident was investigated at 324 NE 11th Ave. Case#25-029096 • A business check was done of 580 E. Woolbright Rd. (Sunshine Square) Case#25- 029215 • An extra patrol was done of 700 E. Boynton Beach Blvd. (Marina Village) Case#25- 029332 • An extra patrol was done of 580 E. Woolbright Rd. (Sunshine Square) Case#25-029255 • A theft was investigated at 410 NW 13th Ave., Case#25-029293 • Officers conducted six (6) traffic stops 278 10 Week 4 – 04/20/2025 to 04/26/2025 • A trespass warning was issued from 324 NW 10th Ave. (Sara Sims) Case#25-030271 • An extra patrol was done of 1600 S. Federal Hwy. (Riverwalk Plaza) Case#25-030237 • A trespass warning was issued from 3625 S. Federal Hwy. (Walmart) Case#25-030234 • An extra patrol was done of 421 NE 13th Ave. (Palmetto Green) Case#25-030350 • A police assist was performed at 1900 N. Federal Hwy., Case#25-030330 • An extra patrol was done of 700 E. Boynton Beach Blvd. (Marina Village) Case#25- 030500 • A welfare check was done at 608 Meadows Circle., Case#25-030501 • A traffic arrest was made at 1200 NW 1st Street, Case#25-030583 • A shoplifting arrest was made at 3625 S. Federal Hwy., (Walmart) Case#25-030509 • A field interview was done at 3625 S. Federal Hwy., (Walmart) Case#25-030516 • A trespass warning was issued from 421 NE 13th Ave., (Palmetto Green) Case#25- 030574 • Officers assisted the Fire Department at 141 NE 9th Ave., Case#25-030578 • Officers responded to an alarm call at 1520 S. Federal Hwy., Case#25-030741 • A business check was done of 3625 S. Federal Hwy. (Walmart) Case#25-030827 • A trespass call was handled at 1600 N. Federal Hwy. (Ocean Palm Plaza) Case#25- 031054 • Officers conducted thirteen (13) traffic stops Week 5 – 04/27/2025 to 05/03/2025 • An extra patrol was done of 700 Casa Loma Blvd. (Marina) Case#25-031806 • An extra patrol was done of 1600 S. Federal Hwy. (Riverwalk Plaza) Case#25-031830 • A police assist was performed at 3400 S. Congress Ave., Case#25-31818 • A possession of contraband call was handled at 234 NW 10th Ave. (Sara Sims) Case#25- 032004 • A business check was done of 580 E. Boynton Beach Blvd., Case#25-032073 • An extra patrol was done of 700 E. Boynton Beach Blvd. (Marina Village) Case#25- 032033 • A field interview was done at 109 E. Boynton Beach Blvd., Case#25-032055 • A disturbance call was handled at 301 N. Federal Hwy., Case#25-032083 • A traffic arrest was made at 301 N. Federal Hwy., Case#25-032072 • An individual was trespassed from 234 NW 10th Ave. (Sara Sims) Case#25-032275 • A field interview was completed at 600 N. Seacrest Blvd., Case#25-032331 • An extra patrol was done of 1600 N. Federal Hwy., Case#25-032248 • A suspicious person call was investigated at 1147 S. Federal Hwy., Case#25-032295 • An extra patrol was done of 580 E. Woolbright Rd. (Sunshine Square) Case#25-032316 • An extra patrol was done of 700 Casa Loma Blvd., Case#25-032336 • A field interview was done at 100 NE 10th Ave., Case#25-032242 • A business check was done of 1600 S. Federal Hwy. (Riverwalk Plaza) Case#25-032528 279 11 • A welfare check was done at 125 E. Ocean Ave., Case#25-032567 • An extra patrol was done of 225 NW 12th Ave. (Sara Sims), Case#25-032546 • Officers assisted with a runaway juvenile case at 631 E. Woolbright Rd., Case#25-032590 • A suspicious occurrence call was handled at 1521 N. Seacrest Blvd., Case#25-032792 • A call for obscene material was handle at 728 Casa Loma Blvd., Case#25-032791 • An individual was trespassed from 3625 S. Federal Hwy., (Walmart) Case#25-032791 • Officers conducted eleven (11) traffic stops Week 6 – 05/04/2025 to 05/10/2025 • A possession of contraband case was handled at 234 NW 10th Ave. (Sara Sims) Case#25-033461 • A trespass warning was issued from 225 NW 12th Ave. (Carolyn Sims) Case#25-033738 • An extra patrol was done of 700 Casa Loma Blvd. (Marina Village) Case#25-033767 • An extra patrol was done of 501 SE 18th Ave., Case#25-033762 • A business check was done at 1600 N. Federal Hwy. (Ocean Palm Plaza) Case#25- 033684 • A business check was done at 3625 S. Federal Hwy. (Walmart) Case#25-033735 • A disturbance call was handled at 619 N. Federal Hwy., Case#25-033685 • A possession of contraband arrest was made at 1400 N. FEC., Case#25-033823 • A possession of contraband arrest was made at 1550 N. Federal Hwy., Case#25-034046 • A shoplifting arrest was made at 501 SE 18th Ave., Case#25-034003 • An extra patrol was done of 1350 N. Federal Hwy., Case#25-033977 • A suspicious person call was handled at 137 NE 11th Ave., Case#25-034040 • An extra patrol was done of 1315 N. Federal Hwy., Case#25-034207 • An extra patrol was done of 640 E. Ocean Ave. (Ocean Plaza) Case#25-034232 • A traffic arrest was made at 1015 NW 7th Street, Case#25-034238 • A police assist was completed at 409 NE 13th Ave., Case#25-034174 • A business check was done at 580 E. Woolbright Rd. (Sunshine Square) Case#25-034252 • A suspicious person call was handled at 1600 N. Federal Hwy. (Ocean Palm Plaza) Case#25-034542 • An extra patrol was done of 700 E. Boynton Beach Blvd. (Marina Village) Case#25- 034492 • A domestic dispute was handled at 1001 S. Federal Hwy., Case#25-034520 • Officers conducted six (6) traffic stop Week 7 – 05/11/2025 to 05/17/2025 • An extra patrol was done of 1500 Corporate Drive, Case#25-035281 • An extra patrol was done of 1500 Corporate Drive, Case#25-035305 • A field interview was done at 500 W. Boynton Beach Blvd., Case#25-035269 280 12 • An extra patrol was done of 1500 Corporate Drive, Case#25-035527 • A trespass warning was issued from 2010 N. Federal Hwy., (Boat Ramp) Case#25- 035542 • A trespass warning was issued from 1110 NW 5th Street, Case#25-035443 • A police assist was performed at 700 E. Boynton Beach Blvd., Case#25-035723 • A suspicious incident was handled at 240 NE 13th Ave., Case#25-035776 • A business check was done of 3625 S. Federal Highway (Walmart) Case#25-036995 • A disturbance call was handled at 510 E. Ocean Ave 25-036296 • An extra patrol was done of 700 E. Boynton Beach Blvd. (Marina Village) Case#25- 036285 • Officers conducted three (3) traffic stops Week 8 – 05/18/2025 to 05/24/2025 • A narcotics contraband arrest was made at 501 SE 18th Ave., Case#25-037103 • A suspicious person call was handled at 1810 S. Federal Hwy., Case#25-037409 • A business check was done of 580 E. Woolbright Rd. (Sunshine Square) Case#25- 037386 • A field interview was done of 2240 N. Federal Hwy., Case#25-037353 • An extra patrol was done of 336 NE 10th Ave., Case#25-037306 • A suspicious person call was handled at 1331 S. Federal Hwy., Case#25-037423 • A traffic complaint was handled at 100 NW 10th Ave., Case#25-037432 • An extra patrol was done of 1600 S. Federal Hwy. (Riverwalk Plaza) Case#25-037329 • An extra patrol was done of 743 NE 1st Ave. (Marina) Case#25-037305 • A field interview was done at 421 NE 13th Ave. (Palmetto Green) Case#25-037340 • An extra patrol was done of 1005 N. Seacrest Blvd., Case#25-037418 • An extra patrol was done of 3625 S. Federal Highway (Walmart) Case#25-037612 • An extra patrol was done of 580 E. Woolbright Rd. (Sunshine Square) Case#25-037605 • An extra patrol was done of 700 E. Boynton Beach Blvd. (Marina Village) Case#25- 037680 • An extra patrol was done of 1600 N. Federal Hwy. (Ocean Palm Plaza) Case#25-037624 • An extra patrol was done of 1600 S. Federal Hwy. (Riverwalk Plaza) Case#25-037701 • An automobile accident was investigated at 2800 N. Seacrest Blvd., Case#25-037981 • An extra patrol was done of 700 E. Boynton Beach Blvd. (Marina Village) Case#25- 037900 • Officers conducted five (5) traffic stops Week 9 – 05/25/2025 to 05/31/2025 • A field interview was done at 234 NW 10th Ave. (Sara Sims) Case#25-039217 • A field interview was done at 200 W. Woolbright Rd., Case#25-039207 281 13 • An extra patrol was done of 700 E. Boynton Beach Blvd. (Marina Village) Case#25- 039213 • An extra patrol was done of EXPA 421 NE 13th Ave. (Palmetto Green Park) 25-039275 • A theft was investigated at 501 SE 18th Ave. (Publix) Case#25-039173 • A trespass warning was issued from 501 SE 18th Ave. (Publix) Case#25-039182 • An extra patrol was done of 421 NE 13th Ave. (Palmetto Green Park) Case#25-039200 • A business check was done of 1600 S. Federal Hwy. (Riverwalk Plaza) Case#25-039462 • A suspicious incident was investigated at 222 NW 7th Ave., Case#25-039517 • A police assist was performed at 125 E. Ocean Ave., Case#25-039426 • A disturbance call was handled at 600 SE 4th Street, Case#25-039425 • A contraband investigation was done at 421 NE 13th Ave. (Palmetto Green Park) Case#25-039475 • Officers assisted the Fire Department at 2240 N. Federal Hwy. (Intracoastal Park) Case#25-039404 • A disturbance call was handled at 408 NE 10th Ave., Case#25-039461 • An extra patrol was done of 643 St Mark’s Place, Case#25-039464 • A trespass warning was issued from 580 E. Woolbright Rd. (Sunshine Square) Case#25- 039406 • A suspicious person was investigated at 640 SE 2nd Ave., Case#25-039418 • A police assist was performed at 710 NE 7th Street, Case#25-039442 • A possession of contraband arrest was made at 1005 N. Seacrest Blvd. (EZ Mart) Case#25-039539 • A disturbance call was handled at 510 NE 3rd Street, Case#25-039466 • A business check was done at 580 E. Woolbright Rd. (Sunshine Square) Case#25-039814 • An extra patrol was done of 700 E. Boynton Beach Blvd. (Marina Village) Case#25- 039832 • A shoplifting call was handled at 3625 S. Federal Hwy. (Walmart) Case#25-039753 • A business check was done at 3625 S. Federal Hwy. (Walmart) Case#25-039698 • A traffic complaint was handled at 300 SW 2nd Street, Case#25-039770 • A police assist was performed at 900 N. Congress Ave., Case#25-039756 • An accident was investigated at Oak Street and Federal Hwy., Case#25-039725 • A police assist was performed at 1080 S. Federal Hwy., Case#25-039704 • An extra patrol was done of 580 E. Woolbright Rd. (Sunshine Square) Case#25-039690 • An extra patrol was done of 137 NE 10th Ave., Case#25-039774 • An extra patrol was done of 580 E. Woolbright Rd. (Sunshine Square) Case#25-040134 • A disturbance call was handled at 1810 S. Federal Hwy., Case#25-040073 • A business check was completed at 1600 S. Federal Hwy. (Riverwalk Plaza) Case#25- 040099 • A traffic complaint was handled at 580 E. Woolbright Rd., Case#25-040137 • Officers conducted thirteen (13) traffic stops 282 14 Week 10 – 06/01/2025 to 06/07/2025 • A police assist was handled at 100 NE 11th Ave., Case#25-040891 • A police assist was handled at 2815 S. Seacrest Blvd., Case#25-040919 • A trespass warning was issued from 3625 S. Federal Hwy. (Walmart) Case#25-040943 • A traffic complaint was handled at 1800 W. Woolbright Rd., Case#25-041060 • An arrest for trespassing was made at 234 NW 10th Ave. (Sara Sims) Case#25-041083 • A domestic dispute was handled at 1591 NW 3rd Street, Case#25-041096 • An extra patrol was done of 700 E. Boynton Beach Blvd. (Marina Village) Case#25- 041100 • A business check was done of 1415 S. Federal Hwy. (One Boynton) Case#25-041117 • A suspicious incident was investigated at 639 E. Ocean Ave., Case#25-041147 • A stolen vehicle report was taken at 101 S. Federal Hwy. (500 Ocean) Case#25-041155 • A suspicious incident was investigated at 2728 S. Federal Hwy., Case#25-041170 • A suspicious person was investigated at 1005 N. Seacrest Blvd. (EZ Mart) Case#25- 041347 • A police assist was done at 137 NE 11th Ave., Case#25-041349 • A warrant arrest was made at 100 NE 10th Ave., Case#25-041353 • An extra patrol was done of 501 SE 18th Ave., Case#25-041386 • A police assist was done at 580 E. Woolbright Rd. (Sunshine Square) Case#25-041395 • Officers assisted with a homicide at 1726 NE 6th Street, Case#25-041402 • A domestic dispute was investigated at 617 NE 8th Ave., Case#25-041560 • A police assist was handled at 2100 High Ridge Road, Case#25-041576 • A suspicious vehicle was investigated at 401 W. Boynton Beach Blvd., Case#25-041641 • A traffic complaint was handled at 707 W. Ocean Drive, Case#25-041820 • Officers assisted the Fire Department at 3001 S. Congress Ave., Case#25-041832 • A police assist was done at 136 SE 10th Ave., Case#25-041835 • A welfare check was done at 1895 N. Congress Ave., Case#25-041845 • A business check was done at 580 E. Woolbright Rd. (Sunshine Square) Case#25-041876 • A theft was investigated at 548 E. Woolbright Rd., Case#25-041883 • A traffic complaint was handled at 300 SW 2nd Street, Case#25-041902 • Officers conducted nine (9) traffic stops Week 11 – 06/08/2025 to 06/14/2025 • An aggravated battery with a firearm call was investigated at 501 SE 18th Ave., Case# 25-042595 • A field interview report was completed at 1600 N. Federal Hwy., Case#25-042865 • A business check was done at 580 E. Woolbright Rd. (Sunshine Square) Case#25-042870 • A suspicious incident was investigated at 2821 S. Federal Highway (Nova Inn) Case#25- 042872 • A vehicle accident was investigated at Ocean Ave & Seacrest Blvd., Case#25-042892 283 15 • A trespass warning was issued from 137 NE 11th Ave., Case#25-042897 • A suspicious person was investigated at 480 W. Boynton Beach Blvd. (The Inn) Case#25-042906 • A business check was done at 580 E. Woolbright Rd. (Sunshine Square) Case#25-042912 • An extra patrol was done of 128 NE 10th Ave., Case#25-042913 • An extra patrol was done of 700 E. Boynton Beach Blvd. (Marina Village) Case#25- 042915 • A field interview was done at 221 NW 8th Ave., Case#25-042923 • A narcotics contraband case was investigated at 1000 N. Seacrest Blvd., Case#25-042934 • A drug overdose was handled at 100 NE 4th Street (Dewey Park) Case#25-042940 • A disturbance call was investigated at 2821 S. Federal Hwy. (Nova Inn) Case#25-042953 • An extra patrol was done of 421 NE 13th Ave. (Palmetto Green Park) Case#25-043172 • An extra patrol was done of 1305 S. Federal Hwy., Case#25-043419 • A suspicious vehicle was investigated at 600 SE 4th Street (Pence Park) Case#25-043422 • A disturbance call was investigated at 1600 S. Federal Hwy., Case#25-043432 • A suspicious person was investigated at 421 NE 13th Ave. (Palmetto Green Park) Case#25-043438 • A narcotics contraband arrest was made at 1080 S. Federal Hwy., Case#25-043458 • An extra patrol was done of 700 E. Boynton Beach Blvd., (Marina Village) Case#25- 043506 • A drug overdose was handled at 100 NE 10th Ave., Case#25-043512 • A business check was done at 3625 S. Federal Hwy. (Walmart) Case#25-043667 • An extra patrol was done of 420 SE 4th Street., Case#25-043677 • A police assist was performed at 529 E. Ocean Ave., Case#25-043697 • A police assist was performed at 500 W. Boynton Beach Blvd., Case#25-043698 • A police assist was performed at 2010 N. Federal Hwy., Case#25-043702 • A disturbance call was handled at 570 E. Woolbright Rd., Case#25-043707 • A disturbance call was handled at 1815 S. Federal Hwy., Case#25-043721 • An extra patrol was performed at 1415 S. Federal Hwy., Case#25-043731 • A trespass warning was issued from 115 N. Federal Hwy., Case#25-043735 • A suspicious person was investigated at 3102 S. Federal Highway, Case#25-043736 • A traffic complaint was investigated at 555 NW 9th Ave., Case#25-043737 • A motor vehicle accident was investigated at 1500 S. Federal Hwy., Case#25-043745 • A motor vehicle accident was investigated at 1500 S. Federal Hwy., Case# 25-043748 • A stolen vehicle report was taken from 117 NE 9th Ave., Case#25-043754 • Officers conducted three (3) traffic stops 284 16 Week 12 – 06/15/2025 to 06/21/2025 • An extra patrol was done of 420 SE 4th Street, Case#25-044531 • An extra patrol was done of 234 NW 10th Ave. (Sara Sims Park) Case#25-044544 • A business check was done at 580 E. Woolbright Rd. (Sunshine Square) Case#25-044573 • An extra patrol was done of 580 E. Woolbright Rd. (Sunshine Square) Case#25-044573 • A suspicious incident was handled at 1517 S. Federal Hwy., Case#25-044855 • A traffic complaint was investigated at 1550 N. Federal Hwy., Case#25-044868 • A business check was done of 580 E. Woolbright Rd. (Sunshine Square) Case#25- 045028 • A disturbance call was investigated at 1810 S. Federal Hwy., Case#25-045057 • An extra patrol was done of 420 SE 4th Street, Case#25-045062 • An extra patrol was done of 1600 N. Federal Hwy. (Ocean Palm) Case#25-045063 • A suspicious incident was investigated at 101 S. Federal Hwy. (500 Ocean) Case#25- 045070 • An extra patrol was done of 421 NE 13th Ave. (Palmetto Green) Case#25-045077 • A trespass warning was issued from 507 NW 12th Ave., Case#25-045089 • A domestic dispute was investigated at 2240 N. Federal Hwy. (Intracoastal) Case#25- 045091 • A police assist was performed at 507 NW 12th Ave., Case#25-045123 • A trespass warning was issued from 135 NE 3rd Ave., Case#25-045137 • Officers assisted the Fire Department at 1735 NE 6th St., Case#25-045134 • Officers conducted two (2) traffic stops Week 13 – 06/22/2025 to 06/30/2025 • A business check was done at 580 E. Woolbright Rd. (Sunshine Square) Case#25-046821 • An extra patrol was done of 700 Casa Loma Blvd., Case#25-046856 • A police assist was performed at 556 E. Gateway Blvd., Case#25-046859 • A business check was done at 580 E. Woolbright Rd. (Sunshine Square) Case#25-046876 • A possession of contraband case was handled at 1601 S. Federal Hwy., Case#25-046886 • A suspicious incident was investigated at 149 NW 13th Ave., Case#25-046894 • A warrant arrest was made at 208 SE 12th Ave., Case#25-046925 • A suspicious person was investigated at 2240 N. Federal Hwy., (Intracoastal Park) Case#25-046929 • An extra patrol was done of 1600 N. Federal Hwy., (Ocean Palm) Case#25-047122 • An extra patrol was done of 580 E. Woolbright Rd. (Sunshine Square) Case#25-047131 • A suspicious person was investigated at 1305 S. Federal Hwy., Case#25-047147 • An extra patrol was done of 420 SE 4th Street, Case#25-047158 • An extra patrol was done of 141 NE 10th Ave., Case#25-047183 • A business check was done at 1600 S. Federal Hwy. (Riverwalk) Case#25-047184 285 17 • A suspicious incident was investigated at 1415 S. Federal Hwy. (One Boynton) Case#25- 047248 • A traffic complaint was investigated at 529 E. Ocean Ave., Case#25-047428 • A disturbance call was handled at 446 NE 20th Ave., Case#25-047457 • Officers conducted three (3) traffic stop Note* The use of Case# (number) above refers to either a case number where a report was generated or to a computer aided dispatch (CAD) number. These numbers are provided to allow for verification of the listed incidents if necessary. 286 18 Photo highlights of Quarter 3: ROCK THE PLAZA OCEAN PALM PLAZA – MAY 3, 2025 287 19 VILLAGE GROUND BREAKER – MAY 9, 2025 288 20 PBC TOUR OF HOB SHOPS JUNE 4, 2025 289 21 ROCK THE MARINA – JUNE 7, 2025 290 22 ST. JOHN’S MISSIONARY BAPTIST CHURCH PUBLIC SAFETY FAIR – JUNE 8, 2025 291 23 CRA ROCK THE PLAZA ONE BOYNTON - JUNE 25, 2025 292 24 CRA Crime Statistics April 1, 2025 to June 30, 2025: 293 25 294 26 295 CRA DISTRICT OFFICER STATS APRIL – JUNE 2025 / FY-QTR 3 Calendar Year QTR 2 296 CRA DISTRICT MAP 297 CRA STATS APRIL - JUNE 2025 / QTR 2 OFFENSE APR MAY JUNE 2024 QTR 2 TOTAL APR MAY JUNE 2025 QTR 2 TOTAL % CHANGE / LAST YEAR CRIMINAL HOMICIDE *1 0 0 1 1 0 1 2 100% SEXUAL BATTERY 0 2 0 2 2 1 1 4 100% ROBBERY 1 1 1 3 3 1 3 7 133% AGG ASSAULT/BATTERY 3 5 8 16 9 5 4 18 13% VIOLENT CRIME TOTAL:5 8 9 22 15 7 9 31 41% OFFENSE APR MAY JUNE 2024 QTR 2 TOTAL APR MAY JUNE 2025 QTR 2 TOTAL % CHANGE / LAST YEAR BURGLARY 2 3 5 10 3 5 0 8 -20% AUTO BURGLARY 4 2 3 9 2 4 4 10 11% AUTO THEFT 7 2 4 13 1 2 2 5 -62% LARCENY 13 15 16 44 22 16 20 58 32% NON-VIOLENT CRIME TOTAL:26 22 28 76 28 27 26 81 7% INDEX CRIME TOTAL 31 30 37 98 43 34 35 112 14% APR MAY JUNE 2024 QTR 2 TOTAL APR MAY JUNE 2025 QTR 2 TOTAL % CHANGE / LAST YEAR ARRESTS 58 79 72 209 75 75 59 209 0% TRAFFIC COLLISION 45 55 45 145 63 60 33 156 8% DRUG OFFENSES 3 8 7 18 1 5 3 9 -50% APR MAY JUNE APR MAY JUNE 2025 QTR 2 TOTAL FIELD INTERVIEWS 24 45 19 88 TRESPASS WARNING 21 24 24 69 298 CRA OFFICER STATS – APRIL – JUNE 2025 / QTR 2 299 CRA DISTRICT CRA DISTRICT CRIME MAP JAN – MAR 2025 CRA DISTRICT BOUNDARIES 300 301 302 303 304 305 306 307 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 308 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: August 12, 2025 INFORMATION ONLY AGENDA ITEM 8.E SUBJECT: Social Media & Print Marketing Update SUMMARY: Throughout the month of July, a variety of marketing efforts were made to promote BBCRA initiatives and projects, as well as, a variety of local businesses that operate within the BBCRA area. Social Media Marketing BBCRA Project Posts: Cottage District Commercial Business Grant Program Boynton Harbor Marina About the BBCRA video Business Promotional Posts : Utilized Facebook and Instagram feed and stories to promote a variety of businesses, such as: ArtSea Living Sir Cutz Nicholson Muir Meats Fran's Sew & So Florida Tackle Company Business Promotional Events Boynton Beach Night Market Rock the Plaza at Ocean Plaza Digital Marketing Blog Posts: Promoted the following blogs on BoyntonBeachInsider.com: Driftwood - Boynton Beach's Not-So-Hidden Gem Nicholson Muir Meats - Small Cottage, Bold Michelin Flavors Custom Fits & Unique Finds: Meet Paola of Fran’s Sew N So & Dry Cleaning in Boynton Beach Now Open in Boynton Beach: Boynton Beach Dentistry Revitalizing Boynton Beach: How the BBCRA Is Transforming Our Community BBCRA Co-Hosts Heart of Boynton Village Tour with County Officials Workforce Housing Progress Underway in the Cottage District ALOHA, BOYNTON! The Boynton Beach Night Market is Back! 309 •Attachment I - July Marketing & Social Media Overview •Attachment II - July Facebook and Instagram Posts Experience the Magic of Summer at the Boynton Beach Night Market! Redevelopment Works Newsletter : Building a Better Boynton Beach - Together Cottage District Groundbreaking Budget Discussions PBC County Tour Cottage District Boynton Beach Dentistry Driftwood Eco-Friendly Cruising Marina Summer Hours Fran's Sew & So Nicholson Muir Meats Independence Day Boynton Beach Night Market Board Meetings Print Marketing A quarter-page ad was published in the Coastal Angler to promote the Boynton Harbor Marina. See Attachment I for an overview of the social media and print marketing in July, and Attachment II for a full listing of the Facebook and Instagram posts that were shared. FISCAL IMPACT: FY 2024-2025 Budget, General Fund, Line Item 01-57400-216 - $225 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 310 SOCIAL MEDIA MARKETING OVERVIEW 311 SOCIAL MEDIA – PROJECT POSTS 312 SOCIAL MEDIA – PROJECT POSTS 313 SOCIAL MEDIA - BUSINESS POSTS 314 SOCIAL MEDIA - BUSINESS POSTS 315 SOCIAL MEDIA – PROMOTIONAL EVENTS 316 SOCIAL MEDIA – PROMOTIONAL EVENTS 317 PRINT MARKETING – COASTAL ANGLER 318 July Facebook & Instagram Posts 319 July Facebook & Instagram Posts 320 July Facebook & Instagram Posts 321 July Facebook & Instagram Posts 322 July Facebook & Instagram Posts 323 July Facebook & Instagram Posts 324 July Facebook & Instagram Posts 325 July Facebook & Instagram Posts 326 July Facebook & Instagram Posts 327 July Facebook & Instagram Posts 328 July Facebook & Instagram Posts 329 July Facebook & Instagram Posts 330 July Facebook & Instagram Posts 331 July Facebook & Instagram Posts 332 July Facebook & Instagram Posts 333 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: August 12, 2025 INFORMATION ONLY AGENDA ITEM 8.F SUBJECT: Boynton Beach Night Market Recap SUMMARY: EVENT RECAP On July 25th and July 26th, the BBCRA hosted the 5th Annual Boynton Beach Night Market in Downtown Boynton Beach at the Centennial Park & Amphitheater. The free business promotional activation attracted thousands of attendees to the Downtown core, and featured a market of food, retail, artisan, and professional service providers who exhibited their goods and services. Event attendees were encouraged to enjoy the festivities, stroll the avenue and green space, and to shop with the participating vendors. In addition to the vendors, this family-friendly event also featured fun games and activities and live music from the bands Girlfriend Material, Havoc 305, Roots Shakedown, and Spred the Dub, as well as hula, aerial art, and fire knife dancer performances. In total, seventy-nine (79) businesses submitted a vendor application, including the following sixteen (16) BBCRA area businesses: A Taste of Africa Alchemy Beach House Boutique Boynton Beach Dentistry Common Grounds DIY Frozen Yogurt House of Skin Jken Boutique Ocean Ave Timeless Closet Paloma Mexican Restaurant Rusty's Carib Cuisine The Ark Dog Grooming Services The Boardwalk Italian Ice & Creamery Tiki Taxi and Cruises Trilogy Fitness MMA Tropical Smoothie Cafe 334 Following the event, a survey was sent to the participating businesses to determine their feedback regarding how participating at the event impacted their business. Results TBA. In an effort to engage the community and obtain demographic information, during the event, patrons were encouraged to complete a short feedback survey to spin the wheel of luck, which provided opportunities to win gift certificates to the participating businesses or BBCRA branded promotional items (see Attachment I - Attendee Feedback Survey Results). MARKETING RECAP Atlantic Current – A social media package consisting of a preview article on the Atlantic Current website, posts on the @atlanticcurrent feed and story, and paid ad on the publication's Instagram & Facebook to promote the Night Market (see Exhibit A). Cost: $1,000 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 B). Cost: $525 Funfare Magazine – A full-page ad was published in the summer issue of the Funfare magazine to promote the event (see Exhibit C). Cost: $0 Sun Sentinel - An ad was published in the Sun Sentinel to promote the event. The Sun Sentinel is a community newspaper that shares comprehensive neighborhood news, related to city government, business and real estate, sports, and events (see Exhibit D). Cost: $504 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 E) Cost: $465 Posters – A promotional poster for the event was created and distributed to various locations throughout Boynton Beach, including City of Boynton Beach facilities and local businesses (see Exhibit F). Cost: $148 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 G). Cost: $1,500 Street Signs – Nine (9) custom street signs were designed and installed at various locations throughout Boynton Beach to promote the event (see Exhibit H). Cost: $1,815 Billboard – The event was promoted on the billboards located on I-95 at Gateway Boulevard and 10th Avenue (see Exhibit I). Cost: $1,295 Blog – Two (2) blogs were published to the Boynton Beach Insider to promote the various aspects of the event (see Exhibit J). Cost $0 Munchkin Fun - A digital ad package that consists of newsletter feature, website highlight, and social media post to promote the Night Market (see Exhibit K). Cost: $300 335 •Attachment I - Attendee Feedback Survey Results •Exhibits A - L Pure Honey - A 5x5 print ad was published in the July issue to promote the Night Market (see Exhibit L). Cost: $600 FISCAL IMPACT: FY 2024-2025 Budget, Project Fund, Line Item 02-58500-480 $130,000 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No a ction is required at this time unless otherwise determined by the CRA Board. ATTACHMENTS: Description 336 Boynton Beach Night Market Survey 2025 has collected 498 responses Question 1 has 497 answers (Radio buttons) "Please select your age range: " 18-24 72 (14.5%) 25-34 109 (21.9%) 35-44 152 (30.6%) 45-54 73 (14.7%) 55-64 44 (8.9%) 65+ 47 (9.5%) Question 2 has 496 answers (Radio buttons) "Please select which best applies to you" I live in Boynton Beach 280 (56.5%) I live in Palm Beach County 168 (33.9%) I live in Florida, but outside of Palm Beach County 36 (7.3%) I am visiting from out-of-state 12 (2.4%) Question 3 has 477 answers (Open text) "What is your zip code? " All responses Question 1: Please select your age range:Question 2: Please select which best applies to youQuestion 3: What is your zip code?Feedback337 Unknown contact said: "33435" Unknown contact said: "33435" Unknown contact said: "33426" Unknown contact said: "33435" Unknown contact said: "33460" Unknown contact said: "33460" Unknown contact said: "33417" Unknown contact said: "33417" Unknown contact said: "33464" Unknown contact said: "33467" Unknown contact said: "34974 , I used to live in Boynton " Unknown contact said: "33437" Unknown contact said: "33472"Feedback338 Unknown contact said: "33417" Unknown contact said: "33461" Unknown contact said: "33409" Unknown contact said: "33435" Unknown contact said: "33435" Unknown contact said: "33444" Unknown contact said: "33435" Unknown contact said: "33467" Unknown contact said: "33426" Unknown contact said: "33436" Unknown contact said: "33460" Unknown contact said: "33467" Question 4 has 496 answers (Radio buttons) "How many people are in your party? "Feedback339 1 46 (9.3%) 2 189 (38.1%) 3 106 (21.4%) 4 93 (18.8%) 5 28 (5.6%) 6+ 34 (6.9%) Question 5 has 489 answers (Radio buttons) "Is this your irst time attending the Boynton Beach Night Market? " Yes 341 (69.7%) No 148 (30.3%) Question 6 has 496 answers (Radio buttons) "How did you hear about the Boynton Beach Night Market event?" Social Media 292 (58.9%) Email 24 (4.8%) Poster 24 (4.8%) Street Sign 54 (10.9%) Newspaper/Magazine Ad 4 (0.8%) From a Friend/Family Member 94 (19.0%) I-95 Billboard 4 (0.8%) Question 7 has 490 answers (Radio buttons)Feedback340 "Before this event had you heard of the Boynton Beach Community Redevelopment Agency (BBCRA)?" Yes 192 (39.2%) No 298 (60.8%) Question 8 has 468 answers (Checkboxes) "Before this event were you aware of any of these BBCRA Projects or Programs? Please select all that apply:" Boynton Harbor Marina 114 (22.9%) Coastal Cruiser 48 (9.6%) Heart of Boynton Village Apartments & Shops 49 (9.8%) The Pierce Mixed-Use Redevelopment 18 (3.6%) The Ruth Jones Cottage - Historic Renovation & Reuse Project 13 (2.6%) Cottage District Affordable Workforce Homeownership Project 24 (4.8%) Business Grants 21 (4.2%) Boynton Beach Bucks 63 (12.7%) I was not aware of any projects before this event 291 (58.4%) Question 9 has 82 answers (Open text) "If you would like to subscribe to receive updates from the BBCRA about upcoming event, projects, or promotions please enter your email below. By providing your email address, you agree to receive Feedback341 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: "ameebullock@gmail.com" Unknown contact said: "davv" Unknown contact said: "Bernard Woozley" Question 10 has 259 answers (Checkboxes) "If you provided your email please select what types of email material you would like to receive. " Redevelopment 24 (4.8%) Business Outreach 30 (6.0%) Business Promotions 27 (5.4%) Events 130 (26.1%) All of the above 113 (22.7%)Feedback342 EXHIBIT A 343 EXHIBIT B 344 EXHIBIT C 345 EXHIBIT D 346 EXHIBIT E 347 EXHIBIT F 348 EXHIBIT G 349 350 EXHIBIT H 351 EXHIBIT I 352 EXHIBIT J 353 EXHIBIT K 354 EXHIBIT L 355 •Attachment I - Promotional Poster COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: August 12, 2025 ANNOUNCEMENTS AND AWARDS AGENDA ITEM 9.A SUBJECT: Rock the Plaza at Ocean Plaza on August 16, 2025 from 2:00 PM - 6:00 PM SUMMARY: On Saturday, August 16, 2025, the BBCRA will host Rock the Plaza at the Ocean Plaza property, which is located at 640 E. Ocean Avenue. Free parking will be available onsite and at 114 N. Federal Highway. The free promotional activation, which will take place from 2:00 p.m. to 6:00 p.m., will spotlight the businesses that are located within the shopping plaza and feature live music from Rogue Theory Band. Food and beverages will be available for purchase from the restaurants located within the plaza. Additionally, event goers will be able to take advantage of special Boynton Beach Bucks offers and sample select menu items from participating businesses throughout the afternoon. To maximize customer outreach, BBCRA staff will also provide social media assistance to interested businesses in the plaza prior to the event to increase marketing and cross promotional opportunities. 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 2024 - 2025 Budget, Project Fund, Line Item 02-58500-480 - $30,000. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No a ction is required at this time unless otherwise determined by the CRA Board. ATTACHMENTS: Description 356 357 •Attachment I - July 2025 Financial Summary COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: August 12, 2025 CONSENT AGENDA AGENDA ITEM 11.A SUBJECT: CRA Financial Report Period Ending July 31, 2025 SUMMARY: CRA Financial Services staff is providing the CRA Board with the July 31, 2025 (Attachment I): Statement of Revenues, Expenditures and Changes in Fund Balance Report, and Budget Comparison Schedule - General Fund. FISCAL IMPACT: FY 2024-2025 Annual Budget CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan and FY 2024-2025 CRA Budget CRA BOARD OPTIONS: Approve the CRA's monthly financial and budget reports for the period ending July 31, 2025. ATTACHMENTS: Description 358 General Fund Projects Fund Debt Service Fund Total Governmental Funds REVENUES Tax increment revenue 24,487,029 - - 24,487,029 Marina Rent & Fuel Sales 1,895,438 - - 1,895,438 Contributions and donations - - - - Interest and other income 212,381 3,918,750 32,976 4,164,106 Total revenues 26,594,848 3,918,750 32,976 30,546,573 EXPENDITURES General government 3,620,595 - - 3,620,595 Redevelopment projects - 8,267,270 - 8,267,270 Debt service:- Principal - - - - Interest and other charges - - 60,062 60,062 Total expenditures 3,620,595 8,267,270 60,062 11,947,927 22,974,253 (4,348,520) (27,086) 18,598,646 OTHER FINANCING SOURCES (USES) Funds Transfers in - 19,710,351 2,317,425 22,027,776 Funds Transfers out (22,027,776) - - (22,027,776) Total other financing sources (uses) (22,027,776) 19,710,351 2,317,425 - Net change in fund balances 946,477 15,361,831 2,290,339 18,598,646 Fund balances - beginning of year 4,869,740 19,070,941 230,912 24,171,593 Fund balances - end of year 5,816,217 34,432,772 2,521,251 42,770,239 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 - July 31, 2025 (A Component Unit of the City of Boynton Beach, Florida) The notes to the basic financial statements are an integral part of this statement. 1 359 Original Budget Final Budget Actual REVENUES Tax increment revenue 24,279,354$ 24,279,354$ 24,487,029 Marina Rent & Fuel Sales 1,300,000 1,300,000 1,895,438 Interest and other income - - 212,381 Other financing sources (uses) - 2,118,706 - Total revenues 25,579,354 27,698,060 26,594,848 EXPENDITURES General government 5,670,284 5,670,284 3,620,595 Total expenditures 5,670,284 5,670,284 3,620,595 19,909,070 22,027,776 22,974,253 OTHER FINANCING SOURCES (USES) Carryover fund balance - Transfers out (19,909,070) (22,027,776) (22,027,776) Total other financing sources (uses) (19,909,070) (22,027,776) (22,027,776) Net change in fund balances -$ -$ 946,477 Fund balances - beginning of year 4,869,740 Fund balances - end of year 5,816,217 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 - July 31, 2025 The notes to the basic financial statements are an integral part of this statement. 1 360 8/4/2025 2:21:03 PM Page 1 of 5 Detail vs Budget Report Boynton Beach CRA, FL Account Summary Date Range: 07/01/2025 - 07/31/2025 Account Name Beginning Balance Total Activity Ending BalanceFiscal Budget Budget RemainingEncumbrances % Remaining 01 - GENERAL FUND Revenue 01-41000 T.I.F. COLLECTIONS 207,675.00-24,487,029.000.00-24,487,029.00-24,279,354.000.00 0.86% 01-42115 MARINA RENTS 24,056.90-124,056.90-12,564.00-111,492.90-100,000.000.00 24.06% 01-42116 MISCELLANEOUS RENTS FRO PROPER 222,782.51-222,782.51-17,350.00-205,432.510.000.00 0.00% 01-42117 MARINA FUEL SALES 306,565.08-1,506,565.08-184,361.79-1,322,203.29-1,200,000.000.00 25.55% 01-42118 MARINA MISC INCOME 42,033.45-42,033.45-5,315.53-36,717.920.000.00 0.00% 01-46100 INTEREST INCOME 99,179.68-99,179.68-4,650.59-94,529.090.000.00 0.00% 01-47200 IN KIND REVENUE 106,020.53-106,020.530.00-106,020.530.000.00 0.00% 01-48100 MISCELLANEOUS INCOME 7,180.61-7,180.61-288.70-6,891.910.000.00 0.00% 01-49100 OTHER FINANCING SOURCES -2,118,706.000.000.000.00-2,118,706.000.00 -100.00% Revenue Totals:0.00 -27,698,060.00 -26,370,317.15 -224,530.61 -26,594,847.76 -1,103,212.24 -3.98% Expense 01-51010-200 CONTRACTUAL EXPENSE 22,047.294,794.8092.004,702.8026,842.090.00 82.14% 01-51010-216 ADVERTISING & PUBLIC NOTICES 10,000.000.000.000.0010,000.000.00 100.00% 01-51010-225 ASSOC. MEETINGS & SEMINARS 24,407.054,592.95558.974,033.9829,000.000.00 84.16% 01-51010-227 DELIVERY SERVICES 361.00139.000.00139.00500.000.00 72.20% 01-51010-310 OFFICE SUPPLIES 264.19535.810.00535.81800.000.00 33.02% 01-51230-100 PERSONNEL SERVICES 315,224.52242,715.4836,130.20206,585.28543,490.00-14,450.00 58.00% 01-51230-115 CAR ALLOWANCE 5,471.224,128.78461.543,667.249,600.000.00 56.99% 01-51230-225 ASSOC. MEETINGS & SEMINARS 16,138.70361.3022.03339.2716,500.000.00 97.81% 01-51230-226 MEMBERSHIP DUES 9,638.178,761.83550.008,211.8318,400.000.00 52.38% 01-51230-227 DELIVERY SERVICES 500.000.000.000.00500.000.00 100.00% 01-51230-229 CAREER DEVELOPMENT 18,977.62522.380.00522.3819,500.000.00 97.32% 01-51230-310 OFFICE SUPPLIES 2,886.40-386.40-178.28-208.122,500.000.00 115.46% 01-51230-315 POSTAGE 2,600.75399.2599.25300.003,000.000.00 86.69% 01-51230-340 CELLULAR PHONES 1,048.34951.6696.51855.152,000.000.00 52.42% 01-51230-355 SUBSCRIPTIONS 1,395.00305.000.00305.001,700.000.00 82.06% 01-51230-360 BOOKS & PUBLICATIONS 300.000.000.000.00300.000.00 100.00% 01-51230-400 EQUIPMENT COSTS 2,547.681,452.320.001,452.324,000.000.00 63.69% 01-51325-100 PERSONNEL SERVICES 43,000.10225,454.9020,650.40204,804.50268,455.000.00 16.02% 01-51325-115 CAR ALLOWANCE 595.423,004.58276.922,727.663,600.000.00 16.54% 01-51325-200 CONTRACTUAL EXPENSE 125.00175.000.00175.00300.000.00 41.67% 01-51325-201 BANK FEES 5,707.06292.9414.06278.886,000.000.00 95.12% 01-51325-225 ASSOC. MEETINGS & SEMINARS 8,165.621,134.380.001,134.389,300.000.00 87.80% 01-51325-226 MEMBERSHIP DUES 1,396.66303.34120.00183.341,700.000.00 82.16% 01-51325-227 DELIVERY COSTS 252.2647.740.0047.74300.000.00 84.09% 361 Detail vs Budget Report Date Range: 07/01/2025 - 07/31/2025 8/4/2025 2:21:03 PM Page 2 of 5 Account Name Beginning Balance Total Activity Ending BalanceFiscal Budget Budget RemainingEncumbrances % Remaining 01-51325-229 CAREER DEVELOPMENT 12,000.000.000.000.0012,000.000.00 100.00% 01-51325-310 OFFICE SUPPLIES 1,417.12582.880.00582.882,000.000.00 70.86% 01-51325-340 CELLULAR PHONES 1,048.34951.6696.51855.152,000.000.00 52.42% 01-51325-355 SUBSCRIPTIONS 2,501.001,499.000.001,499.004,000.000.00 62.53% 01-51325-360 BOOKS & PUBLICATIONS 300.000.000.000.00300.000.00 100.00% 01-51325-365 OFFICE PRINTING COSTS 1,806.11193.890.00193.892,000.000.00 90.31% 01-51325-400 EQUIPMENT COSTS 1,970.0129.990.0029.992,000.000.00 98.50% 01-51410-213 GENERAL PROPERTY COVERAGE 185,152.13215,341.870.00215,341.87400,494.000.00 46.23% 01-51420-200 CONTRACTUAL EXPENSE 31,756.5836,243.420.0036,243.4268,000.000.00 46.70% 01-51420-201 CONTRACT LEGAL 95,705.50125,294.5017,660.00107,634.50207,000.00-14,000.00 46.23% 01-51420-202 WEBSITE HOSTING, REDESIGN & MAINT 32,072.0222,823.22408.3522,414.8754,486.89-408.35 58.86% 01-51420-204 CITY STAFF COSTS 32,824.006,672.000.006,672.0039,496.000.00 83.11% 01-51440-100 PERSONNEL SERVICES 36,912.37189,696.6317,464.55172,232.08226,609.000.00 16.29% 01-51440-225 ASSOC. MEETINGS & SEMINARS 3,898.181,801.8219.321,782.505,700.000.00 68.39% 01-51440-226 MEMBERSHIP DUES 896.06803.940.00803.941,700.000.00 52.71% 01-51440-227 DELIVERY SERVICES 382.97217.030.00217.03600.000.00 63.83% 01-51440-229 CAREER DEVELOPMENT 15,317.42682.58650.0032.5816,000.000.00 95.73% 01-51440-310 OFFICE SUPPLIES 1,353.18646.820.00646.822,000.000.00 67.66% 01-51440-340 CELLULAR PHONES 327.00873.0090.00783.001,200.000.00 27.25% 01-51440-355 SUBSCRIPTIONS 2,000.000.000.000.002,000.000.00 100.00% 01-51440-360 BOOKS & PUBLICATIONS 500.000.000.000.00500.000.00 100.00% 01-51440-365 OFFICE PRINTING COSTS 2,000.000.000.000.002,000.000.00 100.00% 01-51620-200 CONTRACTUAL EXPENSE 4,820.06179.940.00179.945,000.000.00 96.40% 01-51620-201 PROPERTY TAXES & ASSOC. DUES 99,841.31105,029.903,438.00101,591.90204,871.210.00 48.73% 01-51620-202 MARINA POLICE 32,604.2130,712.732,565.0028,147.7360,751.94-2,565.00 53.67% 01-51620-205 RENTAL OF OFFICES 8,188.2521,811.754,924.0016,887.7530,000.000.00 27.29% 01-51620-208 EQUIPMENT LEASES 8,303.654,112.94589.873,523.0712,000.00-416.59 69.20% 01-51620-209 PROPERTY MAINTENENCE COST 419,639.77119,075.2311,480.89107,594.34531,327.00-7,388.00 78.98% 01-51620-210 IN KIND EXPENSE -106,020.53106,020.530.00106,020.530.000.00 0.00% 01-51620-211 VEHICLE MAINTENANCE / FUEL 7,129.422,870.58113.642,756.9410,000.000.00 71.29% 01-51620-212 HURRICANE/PROPERTY CONTINGENCY 35,000.000.000.000.0035,000.000.00 100.00% 01-51620-224 SIGNAGE 20,000.000.000.000.0020,000.000.00 100.00% 01-51620-325 ELECTRICITY COSTS 23,473.766,526.24338.006,188.2430,000.000.00 78.25% 01-51620-326 WATER CHARGES 20,098.654,901.35-65.994,967.3425,000.000.00 80.39% 01-51630-200 CONTRACTUAL 150.00450.000.00450.00600.000.00 25.00% 01-51630-209 PROPERTY MAINTENENCE 33,721.8286,278.1812,854.6273,423.56120,000.000.00 28.10% 01-51630-241 MARINA FUEL MANAGEMENT 44,576.67200,423.3320,012.34180,410.99245,000.000.00 18.19% 01-51630-242 MARINE FUEL STATION OVERHEAD 22,583.9337,416.074,860.2932,555.7860,000.000.00 37.64% 01-51630-310 OFFICE SUPPLIES 783.34416.660.00416.661,200.000.00 65.28% 01-51630-325 ELECTRIC COSTS 7,469.298,530.71895.577,635.1416,000.000.00 46.68% 01-51630-326 WATER COSTS 2,310.047,689.96416.217,273.7510,000.000.00 23.10% 01-51630-327 GASOLINE & DEISEL FUEL PURCHAS -245,262.561,072,462.56200,458.86872,003.70827,200.000.00 -29.65% 01-51630-328 MARINA DIESEL SALES TAX 8,497.3211,502.681,131.6210,371.0620,000.000.00 42.49% 01-51650-200 CONTRACTUAL EXPENSE 1,640.10159.90159.900.001,800.000.00 91.12% 362 Detail vs Budget Report Date Range: 07/01/2025 - 07/31/2025 8/4/2025 2:21:03 PM Page 3 of 5 Account Name Beginning Balance Total Activity Ending BalanceFiscal Budget Budget RemainingEncumbrances % Remaining 01-51650-210 CITY IT SUPPORT 11,555.0023,445.000.0023,445.0035,000.000.00 33.01% 01-51650-211 COMPUTER SOFTWARE & LICENSES 6,000.000.000.000.006,000.000.00 100.00% 01-51650-212 FINANCIAL SOFTWARE MAINTENANCE 15,704.3026,355.700.0026,355.7042,060.000.00 37.34% 01-51650-330 TELEPHONE LINES 5,000.000.000.000.005,000.000.00 100.00% 01-51650-400 EQUIPMENT COSTS 7,146.065,853.940.005,853.9413,000.000.00 54.97% 01-51990-200 CONTRACTUAL EXPENSE - CONTINGENCY 100,000.000.000.000.00100,000.000.00 100.00% 01-57400-100 PERSONNEL SERVICES 42,444.28123,710.7211,368.00112,342.72166,155.000.00 25.54% 01-57400-216 ADVERTISING & PUBLIC NOTICES 25,155.9423,844.061,200.0022,644.0649,000.000.00 51.34% 01-57400-218 ANNUAL REPORT & BROCHURES 4,920.0080.000.0080.005,000.000.00 98.40% 01-57400-225 ASSOC. MEETINGS & SEMINARS 11,355.42644.5886.94557.6412,000.000.00 94.63% 01-57400-226 MEMBERSHIP DUES 8,716.661,983.340.001,983.3410,700.000.00 81.46% 01-57400-227 DELIVERY SERVICES 1,500.000.000.000.001,500.000.00 100.00% 01-57400-229 CAREER DEVELOPMENT 10,500.000.000.000.0010,500.000.00 100.00% 01-57400-236 PHOTOGRAPHY / VIDEOS 16,500.003,500.003,500.000.0020,000.000.00 82.50% 01-57400-310 OFFICE SUPPLIES 1,472.00528.0035.99492.012,000.000.00 73.60% 01-57400-340 CELLULAR PHONES 621.411,378.59140.551,238.042,000.000.00 31.07% 01-57400-355 SUBSCRIPTIONS 1,408.14691.86305.63386.232,100.000.00 67.05% 01-57400-360 BOOKS & PUBLICATIONS 500.000.000.000.00500.000.00 100.00% 01-57400-365 OFFICE PRINTING COSTS 2,728.121,271.880.001,271.884,000.000.00 68.20% 01-57500-100 PERSONNEL SERVICES 68,658.1497,562.868,709.8088,853.06166,221.000.00 41.31% 01-57500-225 ASSOC. MEETINGS & SEMINARS 9,605.00395.000.00395.0010,000.000.00 96.05% 01-57500-226 MEMBERSHIP DUES 1,706.67893.330.00893.332,600.000.00 65.64% 01-57500-229 CAREER DEVELOPMENT 11,695.25304.750.00304.7512,000.000.00 97.46% 01-57500-310 OFFICE SUPPLIES 1,541.70458.300.00458.302,000.000.00 77.09% 01-57500-340 CELLULAR PHONES 163.50436.5045.00391.50600.000.00 27.25% 01-57500-355 SUBSCRIPTIONS 500.000.000.000.00500.000.00 100.00% 01-57500-360 BOOKS & PUBLICATIONS 500.000.000.000.00500.000.00 100.00% 01-59000-151 F.I.C.A.27,503.7152,496.294,704.8047,791.4980,000.000.00 34.38% 01-59000-152 MEDICARE 12,327.8212,672.181,330.5211,341.6625,000.000.00 49.31% 01-59000-153 RETIREMENT PLAN 401(a)106,447.00243,553.0023,503.00220,050.00350,000.000.00 30.41% 01-59000-154 WORKERS COMP INSURANCE 13,375.751,624.250.001,624.2515,000.000.00 89.17% 01-59000-155 HEALTH INSURANCE 143,917.6856,082.32338.6655,743.66200,000.000.00 71.96% 01-59000-156 DENTAL INSURANCE 6,704.033,295.97329.592,966.3810,000.000.00 67.04% 01-59000-157 LIFE INSURANCE 9,334.00666.0072.00594.0010,000.000.00 93.34% 01-59000-158 SHORT / LONG TERM DISABILITY 4,158.015,841.99531.095,310.9010,000.000.00 41.58% 01-59000-159 UNEMPLOYMENT CHARGES 5,000.000.000.000.005,000.000.00 100.00% 01-59000-160 VISION INSURANCE 2,588.00412.0041.20370.803,000.000.00 86.27% 01-59000-161 COMPENSATED ABSENSES 65,000.000.000.000.0065,000.000.00 100.00% 01-59800-990 TRANS OUT TO DEBT SERVICE FUND 0.002,317,425.000.002,317,425.002,317,425.000.00 0.00% 01-59999-990 INTERFUND TRANSFERS OUT 0.0019,710,351.000.0019,710,351.0019,710,351.000.00 0.00% Expense Totals:-39,227.94 27,777,835.13 25,232,673.02 415,697.92 25,648,370.94 2,168,692.13 7.81% 01 - GENERAL FUND Totals:-39,227.94 79,775.13 -1,137,644.13 191,167.31 -946,476.82 1,065,479.89 02 - PROJECTS FUND 363 Detail vs Budget Report Date Range: 07/01/2025 - 07/31/2025 8/4/2025 2:21:03 PM Page 4 of 5 Account Name Beginning Balance Total Activity Ending BalanceFiscal Budget Budget RemainingEncumbrances % Remaining Revenue 02-44100 FESTIVAL & EVENT INCOME 33,126.02-33,126.02-11,425.00-21,701.020.000.00 0.00% 02-46100 INTEREST INCOME 569,356.86-569,356.86-63,367.19-505,989.670.000.00 0.00% 02-47100 APPLICATION FEES 1,800.00-1,800.000.00-1,800.000.000.00 0.00% 02-48100 MISCELLANEOUS INCOME 3,314,466.83-3,314,466.83-806,551.90-2,507,914.930.000.00 0.00% 02-49100 OTHER FINANCING SOURCES -8,187,298.000.000.000.00-8,187,298.000.00 -100.00% 02-49900 TRANSFERS IN 0.00-19,710,351.000.00-19,710,351.00-19,710,351.000.00 0.00% Revenue Totals:0.00 -27,897,649.00 -22,747,756.62 -881,344.09 -23,629,100.71 -4,268,548.29 -15.30% Expense 02-58100-202 CONTINGENCY EXPENSE 200,000.000.000.000.00200,000.000.00 100.00% 02-58100-203 CONTRACTUAL EXPENSE 1,008,796.0648,754.966,401.0242,353.941,051,150.00-6,401.02 95.97% 02-58100-213 LEGAL FEES 80,480.50204,908.5040,575.50164,333.00285,389.000.00 28.20% 02-58200-401 PROPERTY PURCHASES 6,781,086.261,996,935.340.001,996,935.348,778,021.600.00 77.25% 02-58200-402 IMPROVEMENTS 4,223,913.009,700.000.009,700.004,233,613.000.00 99.77% 02-58200-404 CONSTRUCTION IN PROGRESS 66,604.2068,616.000.0068,616.00135,220.200.00 49.26% 02-58200-405 SITE WORK AND DEMOLITION FEES 211,057.0891,455.4427,693.0063,762.44316,172.5213,660.00 66.75% 02-58200-406 INFRASTRUCTURE AND STREETSCAPE 8,316,858.583,551,283.500.003,551,283.5011,937,152.0869,010.00 69.67% 02-58400-443 DIFA-ECONOMIC DEVELOPMENT 181,406.00402,118.000.00402,118.00583,524.000.00 31.09% 02-58400-444 ECONOMIC DEVELOPMENT GRANTS 1,116,843.25476,215.1956,810.49419,404.701,576,377.13-16,681.31 70.85% 02-58400-445 MARKETING INCENTIVES 188,147.4927,956.515,788.3422,168.17218,604.002,500.00 86.07% 02-58500-460 COMMUNITY POLICING INNOVATIONS 938,860.37619,207.41174,579.77444,627.641,383,487.55-174,580.23 67.86% 02-58500-470 COMMUNITY SUPPORT PROJECTS 378,500.44304,504.3332,847.71271,656.62650,157.06-32,847.71 58.22% 02-58500-480 COMMUNITY SPECIAL EVENTS 181,557.27465,614.73152,394.23313,220.50647,172.000.00 28.05% Expense Totals:-145,340.27 31,996,040.14 7,770,179.85 497,090.06 8,267,269.91 23,874,110.50 74.62% 02 - PROJECTS FUND Totals:-145,340.27 4,098,391.14 -14,977,576.77 -384,254.03 -15,361,830.80 19,605,562.21 03 - DEBT SERVICE Revenue 03-46100 INTEREST INCOME 32,975.92-32,975.92-4,702.15-28,273.770.000.00 0.00% 03-49900 TRANSFERS IN 0.00-2,317,425.000.00-2,317,425.00-2,317,425.000.00 0.00% Revenue Totals:0.00 -2,317,425.00 -2,345,698.77 -4,702.15 -2,350,400.92 32,975.92 1.42% Expense 03-59800-814 BOND 2012 PRINCIPAL 1,487,000.000.000.000.001,487,000.000.00 100.00% 03-59800-815 BOND 2015 PRINCIPAL 705,000.000.000.000.00705,000.000.00 100.00% 03-59800-824 BOND 2012 INTEREST 40,767.8036,467.200.0036,467.2077,235.000.00 52.78% 03-59800-826 BOND 2015 INTEREST 23,595.0123,594.990.0023,594.9947,190.000.00 50.00% 03-59800-830 FINANCIAL AGENT FEES 1,000.000.000.000.001,000.000.00 100.00% Expense Totals:0.00 2,317,425.00 60,062.19 0.00 60,062.19 2,257,362.81 97.41% 03 - DEBT SERVICE Totals:0.00 0.00 -2,285,636.58 -4,702.15 -2,290,338.73 2,290,338.73 Report Total:-184,568.21 4,178,166.27 -18,400,857.48 -197,788.87 -18,598,646.35 22,961,380.83 364 Detail vs Budget Report Date Range: 07/01/2025 - 07/31/2025 8/4/2025 2:21:03 PM Page 5 of 5 Fund Summary Fund Beginning Balance Total Activity Ending BalanceFiscal Budget Budget RemainingEncumbrances % Remaining -39,227.94 79,775.13 -1,137,644.13 191,167.31 -946,476.82 1,065,479.8901 - GENERAL FUND -145,340.27 4,098,391.14 -14,977,576.77 -384,254.03 -15,361,830.80 19,605,562.2102 - PROJECTS FUND 0.00 0.00 -2,285,636.58 -4,702.15 -2,290,338.73 2,290,338.7303 - DEBT SERVICE Report Total:-184,568.21 4,178,166.27 -18,400,857.48 -197,788.87 -18,598,646.35 22,961,380.83 365 •Attachment I - June 10, 2025 CRA Meeting Minutes COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: August 12, 2025 CONSENT AGENDA AGENDA ITEM 11.B SUBJECT: Approval of the CRA Board Meeting Minutes for June 10, 2025 SUMMARY: See attached minutes. CRA BOARD OPTIONS: Approve the June 10, 2025 CRA Board Meeting Minutes. ATTACHMENTS: Description 366 367 368 369 370 371 372 •Attachment I - July 8, 2025 CRA Meeting Minutes COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: August 12, 2025 CONSENT AGENDA AGENDA ITEM 11.C SUBJECT: Approval of the CRA Board Meeting Minutes for July 8, 2025 SUMMARY: See attached minutes. CRA BOARD OPTIONS: Approve the July 8, 2025 CRA Board Meeting Minutes. ATTACHMENTS: Description 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: August 12, 2025 CONSENT AGENDA AGENDA ITEM 11.D SUBJECT: Approval of the Second Waiver of Neighborhood Officer Program Office Construction Deadline located in the Heart of Boynton Shops at 137 NE 10th Avenue, Unit 108 SUMMARY: On February 1, 2022, the CRA Board approved the Development Agreement between the CRA and Centennial Management Corp. (CMC) also known as Wells Landing Apartments, LLC (d/b/a The Heart of Boynton Shops) (see Attachment I). The mixed-use project consists of 124 affordable rental apartments and 8,250 square foot of neighborhood serving uses within three buildings on both sides of E. MLK Jr. Boulevard. As defined in the Development Agreement as amended, Unit 8 is a 1,055 square foot rent-free space dedicated to the CRA's NOP Office. Per section 5.b.ii of the Agreement, the NOP Office shall be completed and in move-in ready condition no later than 18 months of the Effective Date of the Agreement. On December 13, 2022, the CRA Board approved the First Amendment to the Development Agreement for the Commercial Component which included additional funding from CMC and the CRA in order to provide gap funding for the tenant improvements for Units 1-8 (see Attachment II). On May 9, 2023, the CRA Board approved the Second Amendment to the Development Agreement which extends the construction deadline of the NOP office to 12 months from the issuance of the Certificate of Occupancy for the residential units of the mixed-use building (see Attachment III). The Certificate of Occupancy for the north residential building was issued on May 22, 2024, which means the construction deadline for the unit was initially May 22, 2025 (see Attachment IV). The construction contract provided for a completion date of May 5, 2025 (see Attachment V). At the May 13, 2025 meeting, the CRA Board approved a request for a 90-day extension from May 5, 2025 to complete the interior build-out of the NOP Office. The waiver allowed the developer to deliver the unit completed and move-in ready no later than August 3, 2025 (see Attachment VI). Construction of the NOP office has been delayed due to the developer, City procurement of security equipment installation and additional scope of work changes requested by the BBPD. The issues have been resolved and construction is moving forward. A second waiver is needed to extend the deadline (see Attachment VII). 396 •Attachment I - Executed Development Agreement •Attachment II - Executed First Amendment to the Development Agreement •Attachment III - Second Amendment to the Development Agreement •Attachment IV - Certificate of Occupancy •Attachment V - Construction Contract •Attachment VI - Waiver of Neighborhood Office Program Office Construction Deadline •Attachment VII - Second Waiver of Neighborhood Office Program Office Construction Deadline A brief summary of the development timeline for the NOP Office: Permit Approval: February 28, 2024 Construction Contract Signed: January 1, 2025 Permit Issued: February 4, 2025 Plumbing Underground Approved: February 19, 2025 Plumbing Underground Work Commenced: February 21, 2025 Concrete Poured: March 27, 2025 Interior Walls: April 8, 2025 Electrical Work: April 29, 2025 HVAC Work: June 3, 2025 Data Work: July 30, 2025 CRA staff recommends approval an additional 90-day extension from August 3, 2025 to November 1, 2025 to complete construction. FISCAL IMPACT: Fiscal Year 2022-2023 Budget; Project Fund Line Item 02-58200-406 - Local Government Match Contribution $625,750 and Commercial/Retail Component $2,300,815 (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: Approve the Second Waiver of Neighborhood Officer Program Office Construction Deadline located in the Heart of Boynton Shops at 137 NE 10th Avenue, Unit 108, pending final legal review. ATTACHMENTS: Description 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 Page 1 of 3 4926-4918-0247, v. 1 SECOND WAIVER OF NEIGHBORHOOD OFFICER PROGRAM OFFICE CONSTRUCTION DEADLINE This Waiver of Neighborhood Officer Program Office Construction Deadline (“Waiver”) is made and entered into this _____ day of ________, 2025, between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes, hereinafter referred to as the “CRA” and Wells Landing Apartments, LLC, or its affiliated assignee, hereinafter referred to as the “Developer,” and together with the CRA, the "Parties." WHEREAS, the Parties previously entered into a Development Agreement dated February 8, 2022; and WHEREAS, the Parties previously amended the Development Agreement pursuant to the First Amendment to Development Agreement dated December 28, 2022, and the Second Amendment to Development Agreement, dated June 1, 2023 (the “Amendments”); and WHEREAS, the Development Agreement, as amended by the Amendments, is hereinafter referred to as the “Development Agreement”; and WHEREAS, the Development Agreement enabled the construction of a project at 137 East Martin Luther King Boulevard, Boynton Beach Florida, 33435, the address of which is now officially 137 Northeast 10th Avenue, Boynton Beach Florida, 33435 (the “Project”); and WHEREAS, the Project includes eight commercial units, one of which, consisting of approximately 1,055 square feet, is to be delivered to the CRA for the Neighborhood Officer Program Office (the “NOP Office”) in move-in ready condition; and WHEREAS, the Development Agreement requires the Developer to complete the construction of the NOP Office no later than 12 months from the issuance of the Certificate of Occupancy for the residential units in the mixed-use building that will contain the NOP Office; and WHEREAS, on May 13, 2025, the Parties temporarily waived the requirement in the Development Agreement that the Developer complete the construction of the NOP Office no later than 12 months from the issuance of the Certificate of Occupancy for the residential units in the mixed-use building that will contain the NOP Office until August 3, 2025; and WHEREAS, the Parties again wish to temporarily and on a limited basis waive the deadline for the construction of the NOP Office in the Development Agreement for their mutual benefit; and NOW THEREFORE, the Parties hereby agree and acknowledge: 1) Incorporation. The recitals and other information above are hereby incorporated herein as if fully set forth. 462 Page 2 of 3 4926-4918-0247, v. 1 2) Temporary Waiver. The Parties waive the requirement set forth in the Development Agreement that the Developer must complete the construction of the NOP Office no later than 12 months after the Certificate of Occupancy is issued for the residential units in the mixed-use building that will contain the NOP Office (the “Second Temporary Waiver”). 3) Temporary Waiver Termination. The Second Temporary Waiver shall terminate, and the Developer shall be required to complete the construction of the NOP Office, no later than November 1, 2025. 4) No Permanent Waiver. The Parties agree and acknowledge that the Second Temporary Waiver shall waive the Developer’s obligation to construct the NOP Office except as expressly provided herein. 5) Effective Date and Term of this Waiver. This Second Temporary Waiver shall become effective at the date and time that the last party signs below and lasts until the termination of the Development Agreement. This Second Temporary Waiver shall not act to extend the Development Agreement and shall not be deemed to modify the Development Agreement except as expressly provided herein. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 463 Page 3 of 3 4926-4918-0247, v. 1 IN WITNESS WHEREOF, the Developer and the CRA hereto have executed this Second Temporary Waiver as of the later of the dates set forth below. DEVELOPER: Wells Landing Apartments LLC, a Florida limited liability company By: Wells Landing Apartments, LLC, a Florida limited liability company, its Manager CRA: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: ___________________________________ By:_____________________________________ Printed Name: ______________________ Printed Name: _________________________ Title: _____________________________ Title: ________________________________ Date: ______________________________ Date: ________________________________ WITNESS: ___________________________________ Printed Name: _______________________ WITNESS: _____________________________________ Printed Name: _________________________ WITNESS: ___________________________________ Printed Name: _______________________ WITNESS: _____________________________________ Printed Name: _________________________ Approved as to form and legal sufficiency: _________________________________ CRA Attorney 464 •Attachment I - Location Map •Attachment II - Temporary Parking Use Agreement-LLW COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: August 12, 2025 CONSENT AGENDA AGENDA ITEM 11.E SUBJECT: Approval of Temporary Parking Use Agreement with The Journey Community Church, Inc. for the CRA owned property located at 1111 S. Federal Highway SUMMARY: The Journey Community Church, located at 715 Federal Highway, has requested permission to use the CRA vacant lot located at 1111 S. Federal Highway, for Church parking overflow (see Attachment I). The Journey Community Church will be required to provide general liability insurance, no less than one million dollars, naming the CRA as an additional insured. CRA legal counsel has prepared the Temporary Parking Use Agreement for the Board's approval (see Attachment II). The agreement will end on December 31, 2025. FISCAL IMPACT: N/A CRA PLAN/PROJECT/PROGRAM: N/A CRAB RECOMMENDATION: N/A CRA BOARD OPTIONS: Approval of the Temporary Parking Use Agreement with The Journey Community Church, Inc. for the CRA owned property located at 1111 S. Federal Highway. ATTACHMENTS: Description 465 466 Page 1 of 11 4902-1922-1817, v. 2 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY TEMPORARY PARKING 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 East Ocean Avenue, 4th Floor, Boynton Beach, Florida 33435 (the “CRA”) and The Journey Community Church, Inc., a Florida Corporation whose principle office is located at 6201 S. Military Trail, Lake Worth, Florida 33463 (“Permittee”). The CRA and Permittee may be described individually as a “party” or collectively as the “parties.” WHEREAS, CRA is the owner of certain real Property in the City of Boynton Beach, Palm Beach County, Florida, (the “Property”), as described in Exhibit “A,” which is attached hereto and hereby incorporated herein; and WHEREAS, Permittee has requested use of the Property to establish a temporary overflow parking area for Journey Church – Boynton, 715 S. Federal Highway, Boynton Beach, FL 33435 (the “Church”); and WHEREAS, CRA is willing to allow the Permittee to use the Property in accordance with the terms of this Agreement; and NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration in the form of the mutual covenants obligations contained herein, the sufficiency of which both parties hereby acknowledge, the parties hereby agree as follows: 1) Incorporation. The recitals 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 December 31, 2025, unless earlier terminated in accordance with the terms of this Agreement. The CRA may terminate this Agreement at any time by providing thirty (30) 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 Property; Limitations. Permittee shall use the Property for the sole purpose of overflow parking associated with the Church unless another use is approved in writing by the CRA. Permittee will ensure that only Permittee’s employees and guests are permitted to use the Property. Notwithstanding, the Property shall not be used for the parking of construction vehicles. Additionally, Permittee may not list the Property 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 467 Page 2 of 11 4902-1922-1817, v. 2 of whether Permittee uses the Property in a manner that complies with the terms and provisions of this Agreement. 4) Term of Use. Permittee may use the Property commencing on the day after the Effective Date (the “Commencement Date”). 5) Compensation. As compensation for use of the Property, Permittee will pay CRA a total of $10.00. Permittee shall deliver the $10.00 to the CRA within seven (7) days of the Effective Date in a form acceptable to the CRA. 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 CRA, the CRA may terminate this Agreement and is not required to refund any compensation or other consideration provided in exchange for Permittee’s use of the Property. 7) Corporate Standing. Prior to using the Property, Permittee will provide evidence of its corporate good standing to the CRA. 8) Acceptance of Property. Permittee certifies that it has inspected the Property and accepts the Property "as is" for use in the Property’s existing condition as of the Effective Date of this Agreement. 9) Alterations to the Property. The Permittee shall not make or permit any improvements, additions, modifications or alterations whatsoever to the Property, without first receiving written approval of the CRA Executive Director. The Permittee may; however, install temporary lighting on the Property. 10) Waste or Nuisance. The Permittee shall not commit or allow to be committed any waste upon the Property or any nuisance or other act or thing which may result in damage or depreciation of value of the Property, or which may affect CRA’s fee interest in the Property. 11) Hazardous Materials and Waste. The Permittee shall not store, contain or dispose of any hazardous materials or waste of any kind on the Property. Permittee shall ensure that any vehicles parked on the Property are in acceptable working condition and do not contain leaks that would result in the contamination of the Property. If any contamination of the Property occurs as a result of the Permittee’s use of the Property, Permittee, at its sole expense, will be responsible for and will conduct any and all necessary studies and remediation to clean-up the Property. 12) 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 applicable county, municipal, state, federal and other applicable governmental authorities, including the CRA, now in force, or which may hereafter be in force, pertaining to the Permittee or its use of the Property. 13) Maintenance of the Property. During the Agreement Term, Permittee will keep the 468 Page 3 of 11 4902-1922-1817, v. 2 Property in good repair and will keep the Property free from debris, refuse, and rubbish. 14) Surrender of the Property. Permittee will surrender the Property to the CRA in compliance with the requirements of this Agreement no later than 11:59 pm on December 31, 2025, or within seven (7) days of termination of this Agreement, whichever occurs first. Prior to surrendering the Property, Permittee, at its sole cost and expense, shall: a. Remove all of its personal property from the Property; b. Remove all trash, rubbish, debris, and any temporary improvements from the Property; and c. Ensure the Property is returned in the same condition the Property was in as of the Commencement Date of this Agreement. 15) Costs of Improper Surrender. If the Permittee fails to remove any of the personal property from the Property, upon expiration of the Agreement Term, CRA may remove said personal property from the Property, for which cost the Permittee shall be responsible and shall pay promptly upon demand. If the Property is not returned in the same condition the Property was in as of the Commencement Date of this Agreement, unless otherwise agreed to by the parties in writing, the CRA will notify Permittee of any damage to the Property and Permittee shall pay to the CRA all expenses incurred by the CRA restoring the Property. 16) 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 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 Property. All insurance policies shall name the CRA 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 CRA. A Certificate of Insurance evidencing such insurance coverage shall be provided to the CRA 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 Property: 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, CRA may procure same from such insurance carriers as CRA may deem proper, and the Permittee shall pay, upon demand of the CRA, any and all premiums, costs, charges and expenses incurred or expended by CRA in obtaining such insurance. Notwithstanding the foregoing sentence, the Permittee shall nevertheless hold CRA harmless from any loss or damage incurred or suffered by CRA from the Permittee's failure to 469 Page 4 of 11 4902-1922-1817, v. 2 maintain such insurance. 17) Indemnification. The Permittee shall indemnify, save and hold harmless the CRA, 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 Property by reason or as a result of this Agreement or use of the Property 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 CRA, 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 CRA harmless and pay all costs and attorneys' fees incurred by CRA in connection with such litigation, and any appeals thereof. Nothing contained herein shall be construed as a waiver of sovereign immunity enjoyed by the CRA, as provided in Florida Statutes 768.28 as amended, or any other law providing limitations on claims. Permittee shall indemnify, defend, save, and hold CRA 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. 18) Waiver. The CRA will not be responsible for any property damages or personal injury sustained by the Permittee (including Permittee’s employees, guests, or invitees), or Permittee’s subcontractors from any cause whatsoever related to the Permittee’s use of the Property, whether such damage or injury occurs before, during, or after the use of the Property. Permittee 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 Permittee, its employees, guests, or invitees. This waiver, discharge, and release specifically includes negligence by the CRA, its agents, or its employees, to the fullest extent the law allows. 19) Attorneys’ Fees and Costs. In the event that it shall become necessary for CRA to employ the services of an attorney to enforce any of its rights under this Agreement or to remedy the default or breach of any requirement of this Agreement on the part of the Permittee to be kept or performed, regardless of whether suit be brought, the Permittee shall pay to CRA such legal fees including attorney's fees, costs and expenses as shall be charged by CRA's attorney for such services. Should suit be brought for the recovery of possession of the Property, or because of the default or breach by the Permittee of any of the requirements of this Agreement, the Permittee shall pay to CRA all expenses of such suit and any appeal thereof, including attorney's fees, costs, and expenses. 20) Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the parties concerning the subject matter expressed herein. No terms 470 Page 5 of 11 4902-1922-1817, v. 2 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 CRA 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 CRA, at: Timothy Tack, P.E., Acting Executive Director Boynton Beach CRA 100 East Ocean Avenue, 4th Floor Boynton Beach, FL 33445 Telephone No. (561) 737-3256 With a copy to: Kathryn Rossmell, Esquire Lewis, Longman & Walker, P.A. 360 S. Rosemary Avenue, Suite 1100 West Palm Beach, FL 33401 Telephone No. (561) 640-0820 (b) If to Permittee, at: Journey Community Church, Inc. 6201 S. Military Trail Lake Worth, FL 33463 With a copy to: David F. Milledge, Esq. Miskel Backman, LLP 14 SE 4th Street, Suite 36 Boca Raton, FL 33432 Telephone No. (561) 888-3031 22) Time of Essence. Time is of the essence with respect to the performance of every 471 Page 6 of 11 4902-1922-1817, v. 2 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. 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 Property. 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 Property, the CRA, 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 Property. 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 CRA 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 472 Page 7 of 11 4902-1922-1817, v. 2 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 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 CRA 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 CRA 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 CRA to perform as 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. 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 CRA. 473 Page 8 of 11 4902-1922-1817, v. 2 d. Upon completion of the Agreement, transfer, at no cost, to the CRA all public records in possession of the Permittee or keep and maintain public records required by the CRA to perform the service. If the Permittee transfers all public records to the CRA 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 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 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 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435; or TackT@bbfl.us. Permittee also understands that CRA may disclose any document in connection with the Permittee or the Permittee’s use of the Property pursuant to this Agreement, so long as the document is not exempt or confidential and exempt from public records requirements. 35) 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. 36) 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. 37) 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. [Signatures on following page.] 474 Page 9 of 11 4902-1922-1817, v. 2 IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the day and year written below. ATTEST: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ______________________________ Date: _________________________ Timothy Tack, Acting Executive Director STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ____ day of ____________, 2025, 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 475 Page 10 of 11 4902-1922-1817, v. 2 ATTEST: THE JOURNEY COMMUNITY CHURCH, INC. _____________________________ Date: _____________________________________ Robert Baugh President STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ____ day of ____________, 2025, 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 476 Page 11 of 11 4902-1922-1817, v. 2 EXHIBIT "A" 1111 S. Federal Highway, Boynton Beach, Florida PCN 08434528240000120 LOTS 12 AND 13 PARKER ESTATE, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 10, PAGE 37, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND LESS AND EXCEPT THAT PORTION CONVEYED TO THE STATE OF FLORIDA BY DEED RECORDED IN OFFICIAL RECORD BOOK 105, PAGE 480, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 477 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: August 12, 2025 CONSENT AGENDA AGENDA ITEM 11.F SUBJECT: Approval of the Commercial Property Improvement Grant Program in the Amount of $56,500 to SFEB LLC d/b/a SoFresh located in Sunshine Square at 522 E. Woolbright Road SUMMARY: The CRA's Commercial Property Improvement Grant Program provides eligible businesses (new or existing) with financial assistance for the initial build-out costs associated with the construction, repaid, and/or rehabilitation of commercial building improvement. The Commercial Property Improvement Grant Programs provides a 50% reimbursement of the applicant's expenditure for the eligible improvements up to a maximum grant total of $50,000. Under the program guidelines eligible improvements must be permanent items that stay with the building. The Program also provides funding assistance related to the design fees for architectural, electrical, civil, mechanical, and/or plumbing improvements for eligible property improvements. Applicants are eligible to receive 50% of the applicant's project budget up to a maximum amount of $10,000. CRA staff has received a complete grant application from SFEB LLC d/b/a SoFresh located in Sunshine Square at 522 E. Woolbright Road, Boynton Beach, FL 33435 (see Attachments I- II). SoFresh is a fast casual restaurant concept with an emphasis on fresh and healthy eating that provides delicious cooked to order meals. Their mission is to seamlessly integrate fresh, healthy eating into every lifestyle. Menu items include warm bowls, salads, wraps, quesadillas, smoothies and juices. The customer chooses their ingredients and the meal is cooked to order within minutes. As a restaurant, the applicant falls under the terms of a Tier I business as outlined in the grant application. The applicant is seeking reimbursement for eligible interior renovations including new walls, a grease trap installation, hood & fire suppression, plumbing HVAC system painting and ADA improvements. The total cost of eligible property improvements is approximately $300,000 and the associated design fees total $13,000 (see Attachment III). If approved, the applicant is eligible to receive a maximum grant of $50,000 in reimbursable funding for the property improvements and $6,500 for the associated design fees provided that the applicant expends an equal amount in matching funds as required under the terms of the grant. The grant is reimbursed to the applicant once the City of Boynton Beach Building 478 •Attachment I - Commercial Property Improvement Grant Application •Attachment II - Location Map •Attachment III - Cost Estimates Department approves all permit requirements and the proper reimbursement documentation is submitted to CRA staff or approval. FISCAL IMPACT: FY 2024-2025 Budget Project Fund, Line Item 02-58400-444, $50,000 for Property Improvements and $6,500 for design fees CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approval of a Commercial Property Improvement Grant Program in the Amount of $56,500 to SFEB LLC d/b/a SoFresh located in Sunshine Square at 522 E. Woolbright Road , Boynton Beach, FL 33435. ATTACHMENTS: Description 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 Business Information Additional Information Application Commercial Property Improvement Grant Application Status Awaiting Decision Business Name SoFresh Contact Legal Name Benjmain Dorr Contact Preferred Name Ben Dorr Email benjimanis@hotmail.com Address 522 East Woolbright, Boynton Beach, Florida 33435, United States Phone 541-207-6879 Website http://www.sofresh.com Special Requests Submitted Time Jul 29, 2025 9:32 pm Tags Boynton Beach Business Address: N/A Provide a list of all principal owners listed on the corporate documents Patrick Phair 3372 Route 30 Cornwall, VT 05753 616-485-7599 Benjamin Dorr 4406 NW 63rd Dr Coconut Creek, FL 33073 541-207-6879 Business Mission Statement Founded in 2013, SoFresh is a healthy fast casual restaurant concept that provides delicious, cooked to order meals - serving them in a lively, welcoming setting. Our mission is to seamlessly 7/30/25, 9:11 AM Artist, Vendor & Exhibitor Submission - BBCRA Economic Development Grant Programs - Eventeny https://www.eventeny.com/dashboard/events/event/vendors/list/view/?id=12701&vend_id=660994&index=1&total=28 1/6497 integrate fresh, healthy eating into every lifestyle. The property is located at Sunshine Square in east Boynton Beach on the corner of E. Woolbright and Federal Hwy. The space is currently occupied by Pure Barre (boutique tness studio). Are you an existing business in Boynton Beach? No Numbers of years in existence N/A Are you a new business in Boynton Beach? Yes Description of your business SoFresh is a fast casual restaurant concept, with an emphasis on fresh and healthy eating. The customer chooses their ingredients and then the meal is cooked to order within minutes. Menu items include warm bowls, salads, wraps, quesadillas, smoothies, and juices. Type of Business Tier I Base Rent (include CAM if applicable) 7540.26 Square Footage of Current Location 1542 Square Footage of New Location 1542 Number of Employees & Job Descriptions 8 employees Franchise Partner (M-F 40 hours/week, owner salary)- Manager who oversees the restaurant and staff Supervisor (Tu-Su 40 hours/week, $17-$22/hour) - Acts as the manager when the Franchise Partner is absent or busy doing admin Back of House (3 employees) (varying schedules Su-Sa 40 hours/week, $15-$20/hour) - e ciently operate any of four stations: expo, salad/wraps, grill, prep/dish Front of House (2 employees) (M-F 20 hours/week, $15-$20/hour)- responsible for creating a welcoming customer experience, including greeting customers, accurately entering orders into the system, preparing smoothies and beverages, and delivering food to customers when ready Floater (1 employee) (Sa-Tu 20 hours/week, $15-$20/hour)- capable of working in the front or back of house. Pro cient in any position and helping when/where needed Hours of Operation 10:30am - 9pm M-F 10:30am - 8pm Sa-Su Are you applying for grant assitance under any other program offered by the BBCRA? Commercial Rent Reimbursement Grant Program Are you applying for grant assistance under any other governmental agencies? N/A Landlord Contact Information Edens Limited Par tnership 1221 Main Street, Suite 1000 Columbia, South Carolina, 29201 In the following sections, please upload the requested documents. If more than one le is needed in a response to an individual prompt, go to "Choose Files," select multiple les at the same time in 7/30/25, 9:11 AM Artist, Vendor & Exhibitor Submission - BBCRA Economic Development Grant Programs - Eventeny https://www.eventeny.com/dashboard/events/event/vendors/list/view/?id=12701&vend_id=660994&index=1&total=28 2/6498 order for them to upload. I understand Upload resumes for each principal/owner listed on corporate documents here: File uploaded Upload a copy of the lease here: File uploaded Upload a copy of the corporate documents here: File uploaded Upload two years of corporate tax returns here: File uploaded Upload City of Boynton Beach Business Tax Reciept here: (No response submitted) Upload Palm Beach County Business Tax Reciept here: (No response submitted) Upload Credit Check Authorization Form here: File uploaded Upload Business w9 here: File uploaded Upload Grant Intake Form here: File uploaded Upload Signed "Program Rules and Regulations" here: File uploaded List of improvements seeking reimbursement for: Walls, grease trap installation, hood & re suppression, plumbing, HVAC system, doors, painting, demolition, signage, permit fees, ooring, ADA improvements, security system Requested grant amount for design fees: 6,500.00 Requested grant amount for eligible property improvments: 50,000.00 Upload cost estimates from a licensed contractor(s) here: File uploaded If design funding is requested, upload the cost estimate(s) from a quali ed licensed design professional here: (No response submitted) Upload a copy of design and construction plans associated with the proposed improvements here: File uploaded Upload a copy of the building permit application here: (No response submitted) Upload the "City Acknowledgement" Forms here: File uploaded 7/30/25, 9:11 AM Artist, Vendor & Exhibitor Submission - BBCRA Economic Development Grant Programs - Eventeny https://www.eventeny.com/dashboard/events/event/vendors/list/view/?id=12701&vend_id=660994&index=1&total=28 3/6499 Prices Upload Notarized "Anti-Human Tra cking A davit" here: File uploaded I understand that submission of an application is not a guarantee of grant funding or Board approval. Any "approval" noti cations sent through Eventeny are purely administrative. Final approval will occur at the next available Board Meeting. Benjamin Dorr How would you like to pay your application fee? Pay with credit card Application Fee Quantity - 1 | Total - $100.00 7/30/25, 9:11 AM Artist, Vendor & Exhibitor Submission - BBCRA Economic Development Grant Programs - Eventeny https://www.eventeny.com/dashboard/events/event/vendors/list/view/?id=12701&vend_id=660994&index=1&total=28 4/6500 Pictures 7/30/25, 9:11 AM Artist, Vendor & Exhibitor Submission - BBCRA Economic Development Grant Programs - Eventeny https://www.eventeny.com/dashboard/events/event/vendors/list/view/?id=12701&vend_id=660994&index=1&total=28 5/6501 7/30/25, 9:11 AM Artist, Vendor & Exhibitor Submission - BBCRA Economic Development Grant Programs - Eventeny https://www.eventeny.com/dashboard/events/event/vendors/list/view/?id=12701&vend_id=660994&index=1&total=28 6/6502 6/20/22, 2:10 PM PAPA Maps https://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434533000001340 1/1 View Property Record Owners E&A SUNSHINE LLC Property Det Location 1625 S FEDE Municipality BOYNTON B Parcel No.0843453314 Subdivision S/D OF 33-4 3/4 Book 23945 P Search by Owner, Address or Parcel 503 Start-up/Planning Franchise Fee $20,000 Architect $13,000 Lease Deposits $12,600 Insurance $6,000 Leasehold Improvements ConstrucƟon $300,000 Signage $7,000 Millwork $20,000 ADT/TVs $5,000 Equipment and SoŌware Equipment $127,000 Kiosks/Toast/Prep Fusion $10,000 Opening Expenses Grand Opening Fee $8,000 Inventory $10,000 OperaƟng Capital $30,000 504 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: August 12, 2025 CONSENT AGENDA AGENDA ITEM 11.G SUBJECT: Approval of the Commercial Rent Reimbursement Grant Program in the Amount of $24,000 to SFEB LLC d/b/a SoFresh located in Sunshine Square at 522 E. Woolbright Road 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 SFEB LLC d/b/a SoFresh located in Sunshine Square at 522 E. Woolbright Road, Boynton Beach, FL 33435 (see Attachments I- II). SoFresh is a fast casual restaurant concept with an emphasis on fresh and healthy eating that provides delicious cooked to order meals. Their mission is to seamlessly integrate fresh, healthy eating into every lifestyle. Menu items include warm bowls, salads, wraps, quesadillas, smoothies and juices. The customer chooses their ingredients and the meal is cooked to order within minutes. As a restaurant, SoFresh will employ approximately 8 team members from staff supervisor, back and front of house staff for food prep and line prep. Under the terms of their proposed Landlord-Tenant Lease Agreement, the base rent to be paid by the applicant is $5,140 per month (see Attachment III). SoFresh qualifies as a Tier I business (as specified in the grant application) and would receive reimbursement for one-half of their monthly rent amount or maximum grant amount of $2,000 per month for a 12-month period, whichever is less. Proposed leases must be executed within 30 days of Board approval. If approved, SoFresh would be reimbursed in the amount of $2,000/month for a period of 12 months or a total grant amount of $24,000 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 2024-2025 Budget, Project Fund, Line Item 02-58400-444, $24,000 CRA PLAN/PROJECT/PROGRAM: 505 •Attachment I - Commercial Rent Reimbursement Grant Application •Attachment II - Location Map •Attachment III - Proposed Lease 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approval of the Commercial Rent Reimbursement Grant in the amount not to exceed $24,000 to SFEB LLC d/b/a SoFresh located in Sunshine Square at 522 E. Woolbright Road , Boynton Beach, FL 33435. ATTACHMENTS: Description 506 507 508 509 510 511 512 513 514 515 516 517 518 519 Business Information Additional Information Application Commercial Rent Reimbursement Grant Program Status Awaiting Decision Business Name SoFresh Contact Legal Name Benjmain Dorr Contact Preferred Name Ben Dorr Email benjimanis@hotmail.com Address 522 East Woolbright, Boynton Beach, Florida 33435, United States Phone 541-207-6879 Website http://www.sofresh.com Special Requests Payment already made for Proper ty Improvement Grant. Submitted Time Jul 31, 2025 3:51 pm Tags Boynton Beach Business Address: N/A Provide a list of all principal owners listed on corporate documents Patrick Phair 3372 Route 30 Cornwall, VT 05753 616-485-7599 Benjamin Dorr 4406 NW 63rd Dr Coconut Creek, FL 33073 541-207-6879 Business Mission Statement Founded in 2013, SoFresh is a healthy fast casual restaurant concept that provides delicious, cooked to order meals - serving them in a lively, welcoming setting. Our mission is to seamlessly 8/4/25, 10:12 AM Artist, Vendor & Exhibitor Submission - BBCRA Economic Development Grant Programs - Eventeny https://www.eventeny.com/dashboard/events/event/vendors/list/view/?id=12701&vend_id=662834&index=2&total=29 1/3520 integrate fresh, healthy eating into every lifestyle. The property is located at Sunshine Square in east Boynton Beach on the corner of E. Woolbright and Federal Hwy. The space is currently occupied by Pure Barre (boutique tness studio). Are you an existing business in Boynton Beach? No Numbers of years in existence N/A Are you a new business in Boytnon Beach? Yes Description of your business SoFresh is a fast casual restaurant concept, with an emphasis on fresh and healthy eating. The customer chooses their ingredients and then the meal is cooked to order within minutes. Menu items include warm bowls, salads, wraps, quesadillas, smoothies, and juices. Type of Business Tier I Base Rent (plus CAM if applicable) 5140.00 Square Footage of Current Location 1542 Square Footage of New Location 1542 Number of Employees & Job Descriptions 8 employees Franchise Partner (M-F 40 hours/week, owner salary)- Manager who oversees the restaurant and staff Supervisor (Tu-Su 40 hours/week, $17-$22/hour) - Acts as the manager when the Franchise Partner is absent or busy doing admin Back of House (3 employees) (varying schedules Su-Sa 40 hours/week, $15-$20/hour) - e ciently operate any of four stations: expo, salad/wraps, grill, prep/dish Front of House (2 employees) (M-F 20 hours/week, $15-$20/hour)- responsible for creating a welcoming customer experience, including greeting customers, accurately entering orders into the system, preparing smoothies and beverages, and delivering food to customers when ready Floater (1 employee) (Sa-Tu 20 hours/week, $15-$20/hour)- capable of working in the front or back of house. Pro cient in any position and helping when/where needed Hours of Operation 10:30am - 9pm M-F 10:30am - 8pm Sa-Su Are you applying for grant assitance under any other program offered by the BBCRA? Commercial Property Improvement Grant Program Are you applying for grant assistance under any other governmental agencies? N/A Landlord Contact Information Edens Limited Par tnership 1221 Main Street, Suite 1000 Columbia, South Carolina, 29201 In the following sections, please upload the requested documents. If more than one le is needed in a response to an individual prompt, go to "Choose Files," select multiple les at the same time in 8/4/25, 10:12 AM Artist, Vendor & Exhibitor Submission - BBCRA Economic Development Grant Programs - Eventeny https://www.eventeny.com/dashboard/events/event/vendors/list/view/?id=12701&vend_id=662834&index=2&total=29 2/3521 Prices order for them to upload. I understand Upload resumes for each principal/owner listed on coporate documents here: File uploaded Upload a copy of the lease here: File uploaded Upload Copy of Corporate Documents Here File uploaded Upload two years of corporate tax returns here: File uploaded Upload City of Boynton Beach Business Tax Reciept Here (No response submitted) Upload Palm Beach County Business Tax Reciept Here (No response submitted) Upload Credit Check Authorization Form Here File uploaded Upload Business w9 here: File uploaded Upload the Grant Intake Form here: File uploaded Upload Notarized "Anti-Human Tra cking A davit" here: File uploaded Upload Signed "Program Rules & Regulations" Here File uploaded I understand that submission of an application is not a guarantee of grant funding or Board approval. Any "approval" noti cations sent through Eventeny are purely administrative. Final approval will occur at the next available Board Meeting. Benjamin Dorr How would you like to pay your application fee? Mail a check to the BBCRA O ce Application Fee Quantity - 1 | Total - $100.00 8/4/25, 10:12 AM Artist, Vendor & Exhibitor Submission - BBCRA Economic Development Grant Programs - Eventeny https://www.eventeny.com/dashboard/events/event/vendors/list/view/?id=12701&vend_id=662834&index=2&total=29 3/3522 6/20/22, 2:10 PM PAPA Maps https://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434533000001340 1/1 View Property Record Owners E&A SUNSHINE LLC Property Det Location 1625 S FEDE Municipality BOYNTON B Parcel No.0843453314 Subdivision S/D OF 33-4 3/4 Book 23945 P Search by Owner, Address or Parcel 523 SHOPPING CENTER LEASE AGREEMENT This Shopping Center Lease Agreement (“Lease”), entered into as of , 2025 (the “Effective Date”), between Landlord and Tenant hereinafter named: ARTICLE 1 - DEFINITIONS AND CERTAIN BASIC PROVISIONS In addition to other terms which are elsewhere defined in this Lease, the following terms when used in this Lease with the first letter of each word capitalized will have the meanings set forth in this Article, and only such meanings, unless such meanings are expressly limited or expanded elsewhere herein. (A) LANDLORD: E&A Sunshine, LLC, a South Carolina limited liability company (B) ADDRESS: c/o Edens Limited Partnership Attn: Legal Department 1221 Main Street, Suite 1000 Columbia, South Carolina 29201 (C) RENT PAYMENT ADDRESS: See Article 3. (D) TENANT: SFEB LLC, a Florida limited liability company (E) TENANT’S ADDRESS: Attention: Ian Phair 3372 Route 30 Cornwall, Vermont 05753 Email: patrickianphair@gmail.com With a copy of Tenant default notices to Franchisor: Attn: Clay Donato SoFresh Franchising, LLC 200 E. Madison Street, Suite 200 Tampa, Florida 33602 And a courtesy copy of Tenant default notices by email to: patrickianphair@gmail.com (F) TENANT'S TRADE NAME: SoFresh (G) SHOPPING CENTER NAME & ADDRESS: Sunshine Square Shopping Center E. Woolbright Road Boynton Beach, FL 33435 (H) PREMISES: The cross-hatched space on the plan (“Site Plan”) attached hereto as “Exhibit A” deemed to comprise approximately 1,542 square feet of Floor Area (as defined below) and currently known in Landlord’s internal records as store space #220. When used with respect to the Premises, “Floor Area” means the approximate number of gross leasable square feet set forth above. When used with respect to any other space in the Shopping Center, “Floor Area” means the number of leasable square feet as determined by Landlord. (I) TERM: The period commencing on the Commencement Date and ending ten (10) Lease Years thereafter and, if the option contained herein, if any, is properly exercised by Tenant, the Option Term (as defined below), unless sooner terminated in accordance with this Lease. (J) COMMENCEMENT DATE: The earlier of (i) one hundred twenty (120) days following Landlord’s delivery of legal possession of the Premises to Tenant (the “Delivery Date”); or (ii) the date on which Tenant first opens for business in the Premises, as further defined in Article 6. Landlord estimates that the Delivery Date will be on or about the date which is thirty (30) days from the date Tenant notifies Landlord that Tenant’s Building Permit has been issued. (K) MINIMUM RENT: As stated below, payable monthly in advance, as further defined in Article 3. Lease Year PSF Monthly Rent Annual Rent 1 $40.00 $5,140.00 $61,680.00 2 $41.20 $5,294.20 $63,530.40 3 $42.44 $5,453.54 $65,442.48 4 $43.71 $5,616.74 $67,400.82 5 $45.02 $5,785.07 $69,420.84 6 $46.37 $5,958.55 $71,502.54 7 $47.76 $6,137.16 $73,645.92 8 $49.19 $6,320.92 $75,850.98 9 $50.67 $6,511.10 $78,133.14 10 $52.19 $6,706.42 $80,476.98 524 -2- (L) PERCENTAGE RENT: The “Percentage Rent Factor” is five percent (5.0%). Tenant will pay Landlord for each Lease Year an amount (“Percentage Rent”) equal to the product of the Percentage Rent Factor multiplied by Tenant’s Gross Sales in excess of the applicable Lease Year “Breakpoint,” as set forth below. Percentage Rent will be due and payable within thirty (30) days after the end of (i) the first month during any Lease Year in which Tenant’s Gross Sales exceed the Breakpoint for such Lease Year, and (ii) each month during the Lease Year thereafter. The Percentage Rent will be adjusted and reconciled, if required, annually, as further set forth in Article 4. Lease Year Breakpoint 1 $1,800,000.00 2 $1,854,000.00 3 $1,909,620.00 4 $1,966,908.60 5 $2,025,915.86 6 $2,086,693.33 7 $2,149,294.13 8 $2,213,772.96 9 $2,280,186.15 10 $2,348,591.73 (M) PRO RATA SHARE: The term “Pro Rata Share” as used in this Lease will be calculated by multiplying the applicable charge for the calendar year then under consideration, by a fraction, the numerator of which will be the Floor Area of the Premises and the denominator of which will be the aggregate number of gross square feet of Floor Area in the Shopping Center on which such charges were calculated. The denominator of the fraction used to calculate Tenant’s Pro Rata Share will not include the Floor Area, now existing or hereafter constructed, of any tenant occupying more than ten thousand (10,000) square feet of Floor Area, and the applicable charges used to calculate Tenant’s Pro Rata Share will be reduced by the amount of any reimbursement Landlord receives from any such tenant. If any other tenant of the Shopping Center self-insures, or is taxed separately, or is responsible, under terms of its lease, for payment of specific expenses and therefore does not reimburse Landlord for Expenses, Insurance or Taxes, as the case may be, then anything herein to the contrary notwithstanding, Tenant’s Pro Rata Share of any such Expenses, Insurance or Taxes will be determined based upon the proportion that the Floor Area of the Premises bears to the total Floor Area of only those tenants who actually contribute to the payment of such Expenses, Insurance or Taxes. (N) INITIAL ESTIMATED CHARGES: payments per month, adjusted annually, as defined and further set forth in Article 15: Expenses: $787.70 (estimated amount for 2025) Taxes: $858.38 (estimated amount for 2025) Insurance: $534.56 (estimated amount for 2025) (O) ADVANCE MONTHLY RENT PAYMENT: $7,540.26 due upon Tenant’s execution of this Lease. The foregoing amount includes any applicable monthly charges as set forth in subsection (N) of this Article and sales tax applicable to Rent, currently at the rate of 3.0% for Palm Beach County, Florida, all of which shall be deemed “Additional Rent” (as defined in Article 3). (P) SECURITY DEPOSIT: $7,540.26 due upon Tenant’s execution of this Lease. (Q) PERMITTED USE, as further defined in Article 8: The Premises will be used as a “SoFresh” franchise restaurant, operating in a fast-casual format consistent with other SoFresh franchise locations in Florida, primarily offering chef- crafted and customizable bowl meals, and also offering wraps, salads and other items, as set forth on Tenant’s menu attached hereto as Exhibit “C”, and for no other use or purpose. In no event will Tenant sell any items or operate in any manner that would violate the Shopping Center Restrictions (the “Shopping Center Restrictions”), as set forth in Exhibit “E”. (R) TENANT’S MINIMUM OPERATING HOURS: Forty (40) hours per week. (S) LEASE YEAR: The first twelve (12) full calendar months after the Commencement Date and each succeeding twelve (12) month period thereafter. If the Commencement Date is not the first day of a month, then the first Lease Year will include the period beginning on the Commencement Date and ending on the last day of the month in which the Commencement Date occurs. (T) LAWS: All present and future federal, state and local laws, statutes (including without limitation The Americans with Disabilities Act, as amended from time to time), rules, codes, ordinances and regulations, and all directions, requirements, rulings and orders of all federal, state and local courts and other governmental (and quasi-governmental) agencies and authorities including, without limitation, those of any health officer, fire marshal, building inspector or other officials, of the governmental agencies having jurisdiction. (U) RULES: The current rules and regulations for the Shopping Center are attached hereto as Exhibit “G”. (V) SHOPPING CENTER: The real property as generally depicted on the Site Plan, together with the buildings and other improvements now or hereafter placed thereon. Landlord reserves the right in its sole discretion to increase or decrease the size of the Shopping Center and to add or remove improvements, land or buildings, change the name of the Shopping Center, and to create a condominium regime(s) as Landlord determines in its sole discretion. The Site Plan is attached to this Lease for ease of reference only and to provide a general delineation of the Shopping Center, 525 -3- and it is understood that changes may be made to the Site Plan by Landlord. The Site Plan does not constitute a representation, warranty, or covenant on the part of Landlord to construct or maintain buildings, building areas, parking areas, driveways, sidewalks, curbs, landscaping and other amenities within the Shopping Center, that any improvements as constructed will conform to those depicted on the Site Plan, or that any specific tenants or occupants, if any are identified on the Site Plan, will be located within the Shopping Center, except as and if otherwise expressly provided for under this Lease. (W) COMMON AREAS: All areas, facilities and improvements within the Shopping Center operated or provided from time to time for the non-exclusive use of Tenant in common with other lessees or occupants of the Shopping Center, their employees, customers, clients and invitees, and by the public generally, such as, by way of illustration but not as a limitation or a representation as to their existence or availability, parking areas, parking structures (including escalators, elevators, and vertical transportation for any such parking structures), driveways, truckways, delivery passages, service and loading areas, walkways and stairs, accessible ramps, outdoor plaza areas, parks, open space, landscaping, irrigation systems, storm water drainage facilities and detention systems, community rooms, private utilities serving Common Areas, street lighting, way-finding signage, pylon signs for the Shopping Center as a whole and not individual tenants, and other infrastructure and improvements serving the Common Areas or the Shopping Center in general. (X) RENT: Minimum Rent, Percentage Rent (if applicable) and Additional Rent (as defined in Article 3). (Y) GUARANTOR: Tanya Sue Byker, Ian Phair, and Ben Dorr jointly and severally. (Z) TENANT PARTIES: Tenant and its agents, servants, employees, and contractors. (AA) LANDLORD PARTIES: Landlord and its property managers, agents, servants, employees, and contractors, and as applicable its ground lessors and mortgagees. (BB) BROKER: Jeff Evans, Comras Company. EXHIBITS EXHIBIT A SITE PLAN EXHIBIT B LANDLORD AND TENANT WORK AGREEMENT EXHIBIT B-1 FORM OF LIEN WAIVER EXHIBIT C TENANT’S MENU EXHIBIT D SIGNAGE & DISPLAY CRITERIA EXHIBIT E SHOPPING CENTER RESTRICTIONS EXHIBIT F FORM OF GUARANTY OF LEASE EXHIBIT G RULES AND REGULATIONS EXHIBIT H FRANCHISOR LEASE ADDENDUM The foregoing exhibits are attached to this Lease and by this reference made a part hereof. Landlord agrees to execute the Franchisor Lease Addendum in the form attached to this Lease as Exhibit H together with the execution of this Lease, but only after execution by Tenant and Franchisor. ARTICLE 1A - CERTAIN SPECIAL PROVISIONS In addition to all other terms and provisions of this Lease, the following provisions will apply (and in the event of any conflict with any other provision of this Lease, the terms of this Article will control): 1A.1 COMPETING BUSINESS: (a) Definitions. (1) “Competing Business” shall mean an operation or use by another tenant or occupant of premises in the Shopping Center (as currently in existence, owned or under Landlord’s exclusive control and shown in Exhibit “A” attached to this Lease) for the Primary Purpose (as defined below) of a fast-casual restaurant specializing in customizable bowl meals, specifically including the following concepts, as currently operated (by way of example and not of limitation): Vale Food Co., Bolay, Fresh Kitchen, Carrot Express, Just Salad and Beehive. Anything herein to the contrary notwithstanding, uses and operations by the following shall not be considered a Competing Business: (i) any existing and future tenants or occupants of premises in the Shopping Center under leases in effect as the date of this Lease, together with any extensions, assignments, subleases, expansions and renewals of any such leases or tenant and occupants; (ii) any tenants or occupants of any premises greater than three thousand (3,000) square feet in the Shopping Center and any subtenants or assignees thereof; (iii) any tenants or occupants of premises located upon any adjoining property that may from time to time be integrated with the operation of or become part of the Shopping Center; or (iv) a restaurant concept specializing in dishes from a particular country, region or ethnicity which offers customizable bowl meals . (2) For purposes of this Article, “Primary Purpose” shall mean greater than forty percent (40%) of the gross sales for such tenant or occupant from its operation at the Shopping Center is derived from the sale of customizable bowl meals. (b) Competition. From and after the date of this Lease, in the event (i) Landlord enters into a lease which expressly permits a premises in the Shopping Center to be used for a Competing Business (as defined above); (ii) the tenant under such lease operates as a Competing Business for a period of six (6) consecutive months (the “Sales Test Period”) and (iii) Tenant 526 -4- issues a Gross Sales Reduction Notice (as hereinafter defined) to Landlord in accordance with the terms and conditions of (c) below, if such Competing Business shall fail to cease to operate within thirty (30) days following receipt of the Gross Sales Reduction Notice, Tenant shall be entitled, as its sole and exclusive remedy (except as expressly set forth in the immediately following sentence), to reduce its monthly payment of Minimum Rent by fifty percent (50%) of the then- applicable amount required pursuant to Article 1(K) of this Lease (the “Competition Rent”), commencing on the day Minimum Rent is next due after the expiration of such thirty (30) day period, until the earlier to occur of: (i) the date the Competing Business ceases to operate, or (ii) twelve (12) months following the date Tenant was entitled to commence paying Competition Rent hereunder (the “Competition Rent Period”). In the event the Competition Rent Period continues for twelve (12) consecutive months, Tenant’s right to pay Competition Rent shall cease, and Tenant must elect, as its sole and exclusive remedy thereafter, to either (i) terminate this Lease by delivering written notice (the “Termination Notice”) to Landlord within thirty (30) days following the expiration of the Competition Rent Period (the “Termination Notice Period”), in which event this Lease shall be deemed terminated ninety (90) days following Landlord’s receipt of the Termination Notice (the “Termination Date”), and Minimum Rent (at the Competition Rent amount) and all other amounts due Landlord under this Lease shall be due and payable through and including the Termination Date, or (ii) keep this Lease in full force and effect, in which case (a) Tenant’s right to terminate under this Article shall be deemed forever waived and relinquished by Tenant and of no further force or effect, (b) Tenant shall resume paying the full then-applicable amount of Minimum Rent (without regard to the Competing Business) on the date Minimum Rent is next due following the expiration of the Competition Rent Period, and (c) Tenant shall have no further right or remedies with respect to the Competing Business that gave rise to Tenant’s right to pay Competition Rent. If Tenant fails to notify Landlord of its election pursuant to the immediately preceding sentence by delivering written notice to Landlord on or before the expiration of the Termination Notice Period, Tenant shall be deemed to have automatically and unconditionally elected not to terminate this Lease, and the terms of item (ii) in the immediately preceding sentence shall be applicable. (c) Gross Sales Reduction Notice Procedure. For purposes of this Article, “Gross Sales Reduction Notice” shall mean that written certification to Landlord from Tenant’s chief financial officer or a certified public accountant, in form and content acceptable to Landlord, stating that (i) at all times during the Sales Test Period, Tenant was open and operating during the Operating Hours (as defined in Article 11), fully staffed and stocked for the Permitted Use, and (ii) Tenant’s Gross Sales during the Sales Test Period were reduced by greater than twenty percent (20%) as compared to the same period during the prior calendar year. (d) Automatic Termination. The rights of Tenant under this Article shall be forever waived and relinquished, or if already exercised, deemed to automatically cease and terminate if: (i) Tenant fails to operate in the Premises in accordance with this Lease for a period of ten (10) days or longer (permitted closings pursuant to this Lease excepted); (ii) Tenant’s primary use is not for the purpose described in subsection (a)(1); (iii) a default occurs that is not cured by Tenant within fifteen (15) days after the expiration of the applicable grace period expressly set forth in this Lease, if any; (iv) Tenant does not timely issue a Gross Sales Reduction Notice to Landlord in accordance with this Article within one (1) year following the date that the Competing Business first opens for business; (v) Tenant does not timely exercise its right to terminate this Lease if entitled to do so pursuant to paragraph (b) above; or (vi) the original named Tenant under this Lease assigns, transfers, hypothecates or encumbers this Lease or subleases all or part of the Premises (Tenant’s rights and remedies under this Article being personal to the original named Tenant). Nothing in this Article shall be deemed to imply that Tenant may close its business or change its use other than as may be expressly permitted in this Lease. Additionally, the operation of Competing Businesses shall not be prohibited or otherwise limited during the Term hereof. 1A.2 OPTION TERM If this Lease is still in full force and effect, and provided that Tenant’s Gross Sales during the nineth (9th) Lease Year equal or exceed $900,000.00 (the “Gross Sales Threshold”), then Tenant shall have the right and option to extend the Term for one (1) additional term of five (5) years (the “Option Term”) provided that (i) Tenant must give written notice (the “Option Notice”) to Landlord of the exercise of such option no earlier than the date that is eleven (11) months prior to the expiration of the initial Term, and not later than the date that is ten (10) months prior to the expiration of the initial Term, and (ii) Tenant shall not be in default of any of its obligations hereunder nor shall Tenant have been in default (either monetary or non-monetary, cured or uncured) more than five (5) times during the initial Term. If Tenant fails to meet the Gross Sales Threshold, the Option Term shall be null and void and Tenant shall have no right or option to extend the Term. If the initial Term is at least seven (7) Lease Years, then the Option Notice must include proposed plans to complete a cosmetic refurbishment of the interior of the Premises to “like-new” condition at Tenant’s sole cost and expense (the “Option Term Improvements”), and Tenant must commence such Option Term Improvements within thirty (30) days following Landlord’s approval of the same and complete the same prior to the first day of the Option Term in accordance with the terms and conditions of this Lease. If said option is duly exercised as aforesaid and no uncured default exists, then the Term shall be extended for the Option Term upon all of the same terms and conditions contained in this Lease, except that Minimum Rent and the Breakpoint (for purposes of calculating Percentage Rent) for the Option Term shall be due and payable at rates mutually agreed upon by Landlord and Tenant pursuant to the following procedure, provided, however, the Minimum Rent for the first Lease Year of the Option Term shall be the greater of: (i) one hundred ten percent (110%) of the Minimum Rent payable during the last Lease Year of the initial Term; or (ii) fair market Minimum Rent, and annual increases in Minimum Rent during the Option Term shall be three percent (3%). Within thirty (30) days following Tenant’s exercise of the Option Term, Landlord will give notice to Tenant of its determination of the fair market Minimum Rent and Breakpoint for the Option Term (the “Landlord’s Offer”). Tenant shall have fifteen (15) days after Landlord’s Offer is given or deemed given to Tenant to either accept or reject the same by written notice to Landlord. Tenant’s failure to give notice to Landlord rejecting Landlord’s Offer within such fifteen (15) day period shall be deemed to be Tenant’s irrevocable election to accept Landlord’s Offer. If Tenant rejects Landlord’s Offer and Landlord and Tenant fail to reach agreement regarding Minimum Rent and the Breakpoint for the Option Term within thirty (30) days following the date of Landlord’s receipt of Tenant’s notice rejecting Landlord’s Offer, then Tenant’s right to exercise the Option Term shall be deemed null and void, and of no further force or effect. If Tenant accepts Landlord’s Offer, then Landlord shall draft a lease extension and rent amendment and forward same to Tenant for execution, and Tenant must execute and return the same to Landlord within ten (10) days after receipt thereof. Tenant shall have no further right to extend the Term beyond the Option Term granted in this Article. In no event may Tenant assign any options granted to 527 -5- Tenant in this Lease; all such options being deemed personal and exercisable by the original named Tenant only (and upon any assignment of this Lease, with or without Landlord’s consent, the Option Term granted in this paragraph shall be null and void and of no further force or effect). In the event Tenant has not complied with the terms of this Lease with respect to timely reporting of Gross Sales, the Option Term granted in this paragraph shall be null and void. Tenant shall have no further right to extend the Term beyond the Option Term granted in this Article. In no event may Tenant assign any options granted to Tenant in this Lease; all such options being deemed personal and exercisable by the original named Tenant only (and upon any assignment of this Lease, with or without Landlord’s consent, the Option Term granted in this paragraph shall be null and void and of no further force or effect). In the event Tenant has not complied with the terms of this Lease with respect to timely reporting of Gross Sales, the Option Term granted in this paragraph shall be null and void. 1A.3 TENANT IMPROVEMENT ALLOWANCE Subject to the provisions of this Article, Landlord shall reimburse Tenant for the actual costs incurred by Tenant for Leasehold Improvements (as defined below) performed in connection with Tenant’s Work, as defined in Exhibit “B” of this Lease, in an amount not to exceed Sixty-One Thousand Six Hundred Eighty and 00/100 Dollars ($61,680.00) (the “Tenant Improvement Allowance”). As used herein “Leasehold Improvements” shall mean alterations, additions, improvements, and/or installations attached to the Premises in a way as to require significant effort and costs to remove. It is specifically understood and agreed that Tenant shall only use the Tenant Improvement Allowance for the construction and installation of Leasehold Improvements, and in no event shall the Tenant Improvement Allowance be used to purchase and/or install any movable goods, inventory, furniture, equipment, trade fixtures or other movable personal property belonging to or used by Tenant that are not attached to the Premises. The Tenant Improvement Allowance shall be due only during the original Term and only after Tenant has opened for business in accordance with this Lease and paid the first (1st) month of Rent (excluding any rent deposit paid upon execution of the Lease). Provided Tenant is not in default and provided all contingencies in this Lease have been satisfied, Landlord shall pay to Tenant the Tenant Improvement Allowance within sixty (60) days after Landlord has received the first monthly installment of Rent due under this Lease, and has received and approved all of the following: (i) Certification of Final Completion. A certification in writing, in form and content approved by Landlord, from Tenant and its general contractor or architect, that one hundred percent (100%) of Tenant’s Work is complete in accordance with Tenant’s Plans as approved by Landlord and 100% of such Tenant’s Work is actually completed. (ii) General Contractor Application for Payment and Invoices. AIA Document G702 and AIA Document G703 (or such other format as may be approved by Landlord) duly completed, executed and notarized by Tenant’s general contractor, and copies of paid invoices, certified by Tenant as being for such Tenant’s Work totaling an amount equal to or greater than the amount of the Tenant Improvement Allowance being requested by Tenant. (iii) Lien Waivers. The lien period for all of Tenant’s Work shall have expired with no liens in connection with the same being filed, or, if said lien period shall not have expired, Final Unconditional Lien Waivers in the form attached hereto as Exhibit “B-1” from Tenant’s general contractor, and all subcontractors, materialmen and suppliers who provided or supplied labor, services, goods or materials to the Premises. (iv) Certificate of Occupancy. A copy of the Certificate of Occupancy for the Premises. (v) Exterior Sign Installation. Proof of installation of a Landlord approved exterior sign on the Premises which identifies Tenant’s business, and proof that the permit for such signage has been closed out. (vi) W-9 Form. Internal Revenue Service Form W-9, Request for Taxpayer Identification Number and Certification. Landlord in its sole discretion reserves the right to (a) withhold amounts equal to outstanding amounts due any contractor, subcontractor, or supplier who provided or supplied labor, services, or materials in connection with the Tenant’s Work; (b) issue joint checks to Tenant and the contractors, subcontractors, or suppliers to whom Tenant or its general contractor owe funds; or (c) offset from and against the Tenant Improvement Allowance any monies due Landlord under the terms of this Lease. If Tenant has not made application for the Tenant Improvement Allowance or satisfied all conditions to Landlord’s obligation to pay the Tenant Improvement Allowance within one (1) year after the Commencement Date, then Landlord’s obligation to pay the Tenant Improvement Allowance shall automatically terminate without any requirement that Landlord send notice to Tenant. The rights given Landlord in this paragraph shall be in addition to all other rights and remedies under the Lease, at law or in equity arising from Tenant’s failure to open for business in the Premises. 1A.4 GREASE CONTAINMENT AND GREASE TRAP DETAIL Tenant shall provide and install all exhaust equipment ductwork, controls, etc. as necessary for the complete installation of each kitchen hood as required by local code, building specifications and/or as directed by the Landlord. Tenant shall remove and wash the filters in the hoods to the food processing exhaust systems on a daily basis, and scrape and clean the hoods at a minimum once every three (3) months, or as designated by Landlord, with a record of such cleaning to be given to Landlord’s property manager. If gas is used in the Premises, Tenant must install a proper gas cut-off valve in the Premises at its expense. Any and/or all necessary roof penetrations are to be made, flashed and sealed per Landlord’s requirements with the Tenant using the Landlord’s roofing contractor or a Landlord approved contractor, at the Tenant’s sole cost and expense. Tenant shall provide and install, as part of Tenant’s Work and at Tenant’s expense, a Grease Containment System (equivalent to G2 Grease Guard XD or better) and a Grease Trap approved by Landlord. The Grease Containment System is to be installed on all grease exhausting equipment. Tenant must, on a routine basis or as needed, maintain and repair the Grease Containment System and 528 -6- Grease Trap at Tenant’s expense, and must thoroughly clean such traps on a bi-monthly basis and a record of such cleaning must be given to Landlord’s property manager. Landlord may elect, in its sole discretion, to provide a common usage grease collection and disposal system(s) within the Shopping Center in the future. In such event, Landlord will determine which Tenant spaces will be able to utilize such common system and shall construct the grease trap container, piping to the Tenant space, removal and maintenance facilities. In such event, Tenant shall pay its proportionate share of the cost of such system. Landlord shall clean and maintain the common system(s) and the cost of such shall be added to the Expenses. Landlord may elect, in its sole discretion, to provide a common usage cooking oil disposal system(s) (e.g., Clean Star or the equivalent) within the Shopping Center. In such event, Landlord will determine which Tenant spaces will be able to utilize this common system and shall implement the system. Tenant shall pay its proportionate share of the cost of such system. Landlord shall clean and maintain the system(s) and the cost of such shall be added to the Expenses. In the event Landlord elects not to provide such a system or such system may not be reasonably utilized by Tenant, then Tenant shall provide and install, at Tenant’s expense, a means for disposing of cooking oil meeting Landlord’s requirements. Tenant shall, on a routine basis or as needed, maintain, clean, repair, etc. the cooking oil disposal system at Tenant’s expense. 1A.5 ODORS Tenant shall conduct its business in a manner so as not to generate from the Premises odors that (i) are offensive to the Landlord or other occupants of the Shopping Center, or (ii) otherwise interfere with the operation of the Shopping Center. In the event that offensive odors are generated from the Premises, Tenant shall be responsible at its sole cost and expense to remedy odor situations including ventilation to the Premises if additional ventilation is required. Tenant, at its sole cost and expense, shall have the right to install ventilation devices upon the Premises. The type of ventilation and the manner within which it is installed shall be subject to Landlord’s written approval prior to the installation of ventilation. 1A.6 EXTERMINATION SERVICES Tenant will provide for monthly (or more often as needed) extermination services from a reputable provider at the Premises such that the Premises are free of insects and rodents. 1A.7 OUTDOOR SEATING AREA Tenant shall be permitted to provide an unenclosed outside seating area subject to and in accordance with all applicable laws (the “Outdoor Seating Area”). The Outdoor Seating Area shall (i) be located generally within the area of the front of the Premises, (ii) be used for table service only, and consistent with Tenant’s Permitted Use, and (iii) shall not contain any bar, food preparation area or other point of sales area. The boundaries of, the numbers of tables and chairs and the materials and colors used for, the Outdoor Seating Area, including any fencing and/or screening from view, shall be subject to Landlord’s prior approval and Landlord and Tenant shall work together to design the details of the Outdoor Seating Area. Tenant shall obtain any licenses, permits or other governmental approvals required by law and Landlord makes no representation as to whether any such approvals will be granted. Tenant shall keep the Outdoor Seating Area in good, clean and safe condition and appearance, which obligation shall include the wiping of chairs and the sweeping and removal of all rubbish to keep the chairs and sidewalk area clean, in addition to complying with all other terms and conditions of this Lease regarding maintenance and the condition of the Premises. Tenant shall have all Tenant’s insurance policies related to its business at the Premises reflect the Outdoor Seating Area as part of the Premises and Tenant agrees that its indemnification obligations under this Lease shall extend to the Outdoor Seating Area. In the event Tenant does not maintain the Outdoor Seating Area as required under this Article, and does not restore the Outdoor Seating Area to a reasonably acceptable level of cleanliness within three (3) days after Landlord’s notice to do so, then Landlord may terminate Tenant’s right to use the Outdoor Seating Area. During those months of each calendar year that Tenant is not using the Outdoor Seating Area due to cold weather, Tenant shall, at Tenant's sole cost, remove all furniture and decorations from the Outdoor Seating Area and store such items outside of the Shopping Center. Tenant shall be responsible for any and all damage to the Shopping Center caused by the installation, operation or removal of the furniture and decorations within the Outdoor Seating Area. Landlord shall cooperate with Tenant, at no cost to Landlord, in Tenant’s efforts to obtain all licenses, permits and approvals required by law to operate an Outdoor Seating Area. Notwithstanding anything contained herein to the contrary, in no event shall Tenant’s umbrellas include logos, images or printed text. 1A.8 INTERFERENCE Tenant shall conduct its business in a manner so as not to generate from the Premises noises, odors or vibrations that are offensive to the Landlord or other occupants of the Shopping Center or which adversely affect the operations of the Shopping Center including the occupants of the Shopping Center. In the event such noises, odors or vibrations are generated from the Premises, Tenant shall be responsible at its sole cost and expense to remedy the same pursuant to plans and specifications approved by Landlord including, but not limited to, installing additional sound proofing at the Premises. Further, at a minimum, Tenant shall provide noise and vibration reduction measures such that noise from Tenant operations does not exceed NC-25 and such that Tenant does not generate noises, odors or vibrations that interfere with other neighboring occupants (both adjacent and above or below) at the Shopping Center. Tenant may accomplish such reduction measures by several methods including, but not limited to, adding additional drywall, adding insulation, etc. Landlord’s approval of Tenant’s Plans for Tenant’s Work shall in no event be deemed a representation or warranty that Tenant has satisfied these requirements. Tenant shall engage a qualified acoustician to guide its fit-out and shall submit certified confirmation of engineering compliance with the noise criterion from the acoustician as part of the Landlord's review of Tenant's plans and specifications. 1A.9 CONTINGENCY Tenant acknowledges that the Premises is currently occupied by a tenant pursuant to a lease and that Landlord’s obligations under this Lease are and shall be contingent upon the return of legal possession of the Premises to Landlord from the current tenant (“Current Tenant”) pursuant to terms and conditions acceptable to Landlord in its sole discretion within three (3) months following the date Tenant notifies Landlord that its Building Permit has been issued (the “Contingency Period”). In the event Landlord does not re- gain possession of the Premises prior to the expiration of the Contingency Period for any reason, or if Landlord elects to discontinue efforts to re-gain possession, in its sole discretion, prior to the expiration of the Contingency Period, then so long as the contingency remains unsatisfied, then Landlord shall have the right to terminate this Lease by written notice to Tenant. Upon the giving of a 529 -7- termination notice pursuant to this Section 1A.9, the termination shall be effective as of the date of such notice and all prepaid Rent and other sums to the extent collected by Landlord hereunder, if any, shall be returned to Tenant, and each party hereto shall thereupon be released from all further duty, liability, and obligation to the other hereunder or otherwise. 1A.10 FRANCHISOR PROVISIONS Tenant represents and warrants that it is a fully approved franchisee of SOFRESH FRANCHISING, LLC (the “Franchisor”), pursuant to a franchise agreement (the “Franchise Agreement”), which permits Tenant to operate a business for the Permitted Use pursuant to the terms and conditions of this Lease. Landlord and Tenant acknowledge that the Franchisor requires that Landlord and Tenant grant certain rights and agree to certain terms related to the Lease as a condition to Franchisor’s approval of the Lease and agree to enter into the Franchisor Lease Addendum, attached hereto as Exhibit “H”, with Franchisor in satisfaction of such requirement. ARTICLE 2 – GRANT In consideration of the Rent agreed to be paid and of the covenants and agreements made by the parties hereto, Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord the Premises, subject to and upon the terms and conditions set forth in this Lease, together with the non-exclusive license to use, in common with others entitled thereto, the Common Areas, subject to the terms and conditions of this Lease and to the Rules. ARTICLE 3 – RENT Rent: Tenant will pay all Rent to Landlord, without prior notice or demand and without offset, deduction or counterclaim whatsoever, in the amounts and at the rates and times set forth herein. Rent will be paid to Landlord in currency of the United States using Landlord’s designated “Retailer Payment Portal” (the “RPP”), or such other place as Landlord may designate upon Notice (as defined in Article 35) to Tenant at any time during the Term. Tenant will register and access the RPP using the following link: receivables.edens.com. Tenant expressly agrees that Tenant’s covenants and obligations to pay Rent and to perform its other obligations under this Lease are absolute, unconditional and irrevocable obligations which are separate and independent from any of Landlord’s covenants, obligations, representations or warranties in this Lease. (A) Payment of Minimum Rent: Tenant will pay Landlord the Minimum Rent in monthly installments, in the amounts set forth in Article 1(K), in advance, commencing on the Commencement Date, and on the first day of each calendar month thereafter throughout the Term. Tenant will pay the Advance Monthly Rent Payment to Landlord concurrent with Tenant’s execution of this Lease and this amount will be credited toward the first payment of Rent due. For any portion of a calendar month at the beginning of the Term, Tenant shall pay in advance the pro-rated amount of the Rent for each day included in such portion of the month. (B) Payment of Percentage Rent: Tenant will pay Percentage Rent during the Term pursuant to the formula and at the times stated in Article 1(L) of this Lease. Each payment of Percentage Rent will be accompanied by Tenant’s submission of monthly Gross Sales reports for the applicable month in accordance with Article 4 below. If the first or last Lease Year is more or less than twelve (12) months, then the Breakpoint will be adjusted accordingly on a per diem basis to reflect the number of days during the respective Lease Year in which this Lease was in effect. (C) Payment of Additional Rent: In addition to Minimum Rent and Percentage Rent, all other payments to be made by Tenant to Landlord pursuant to this Lease, including, without limitation, periodic and recurring charges (collectively, “Periodic Rent”) will be deemed additional rent (the “Additional Rent”) hereunder, whether or not designated as such, and will be due and payable on demand or together with the next succeeding installment of Minimum Rent, whichever occurs first; and Landlord will have the same remedies for failure to pay Additional Rent as for non-payment of Minimum Rent. Landlord, at its election, will have the right to pay for or perform any act which requires the expenditure of any sums of money by reason of the failure or neglect of Tenant to perform any of its obligations under this Lease, and in the event Landlord, at its election, pays such sums or does such acts requiring the expenditures of monies, Tenant will pay Landlord, upon demand, all such sums, and the sums so paid by Landlord, together with the Late Charge and Interest (both as hereinafter defined) thereon, which will be deemed Additional Rent. (D) Late Charge and Interest: A late charge of five percent (5%) of the monthly Rent (the “Late Charge”) will be added to each Rent payment not received by Landlord prior to the tenth (10th) day of the month in which such payment is due. The Late Charge will be due and payable on or before the first (1st) day of the month immediately following the late payment of Rent. Any amount due from Tenant to Landlord which is not paid when due, including the Late Charge, will bear interest at a rate equal to the lesser of (i) one and one-half percent (1.5%) per month or (ii) the highest rate permitted under Laws (“Interest”) from the due date until paid. Tenant’s payment of any Late Charge or Interest will not excuse or cure any default by Tenant under this Lease. Landlord's election not to assess the Late Charge or Interest for any late payment will not constitute a waiver or preclude Landlord from assessing such Late Charge or Interest at other times and as of the date that Late Charge or Interest became due. (E) At Landlord’s option, Landlord will apply any payments received from Tenant in the following order: first, toward the payment of any Interest accrued against Tenant’s account; second, toward the payment of any Late Charge and any legal expenses or additional administrative costs incurred by Landlord to enforce any provision of this Lease; third, toward the payment of Additional Rent, including, without limitation, Taxes, Insurance and Expenses); and then, toward the payment of Minimum Rent and Percentage Rent. ARTICLE 4 - GROSS SALES REPORTING The term “Gross Sales” means the gross proceeds from all business conducted in or from any part of the Premises and Shopping Center, including, without limitation, membership fees collected by Tenant, the total dollar amount of the actual sales price, whether for cash or on credit or partly for cash and partly on credit, of all sales of merchandise and services and of any and all other receipts of business conducted in or from the Premises and Shopping Center, including but not limited to, all food, beverages, services, goods, merchandise, gift and merchandise certificates, deposits not refunded to purchasers including all sums paid on lay-away sales which are or will become forfeited to Tenant, commissions received on vending machines or other similar devices, sales by any sublessee, concessionaire or licensee of Tenant or otherwise made from or in the Premises or Shopping Center, the retail value of any goods, 530 -8- services, food or merchandise received by employees in lieu of earnings, and of any and all other receipts of business conducted in or from the Premises or Shopping Center pursuant to orders made, received or fulfilled at or from the Premises by mail, telephone, video, computer or other electronic or technology-based systems, whether existing now or developed in the future, internet sales whether made from a mobile, stationary, store or customer-owned device (if either the device on which the sales are made or the location of the product on which they are fulfilled is within the Premises), or other similar orders including, but not limited to, such sales and services (i) where the orders therefor originate at and are accepted by Tenant in the Premises, but delivery or fulfillment thereof is not made from the Premises, (ii) by means of mechanical and other vending devices in and around the Premises, (iii) that are purchased following access from a link from the Shopping Center or Landlord website, and (iv) which the Tenant in the normal and customary course of its operations would credit or attribute to its business upon the Premises and Shopping Center, or any part or parts thereof; and all moneys or other things of value received by the Tenant from its operations at, in, on or from the Premises which are not expressly excluded from Gross Sales by the other provisions of this Lease. Each sale upon installment or credit will be regarded as a sale for the full price in the month during which the sale is made, irrespective of the time when Tenant receives payment from its customer. No deduction is allowed for uncollected or uncollectible credit accounts. Gross Sales, however, will not include (i) any sums collected and paid out by Tenant for any sales, use, occupation or retail tax imposed by any duly constituted governmental authority upon purchases from Tenant at retail and collectible by Tenant from purchasers; (ii) the amount of returns to shippers or manufacturers; (iii) the exchange of goods or merchandise between the stores of Tenant, if any, where such exchanges of goods or merchandise are made solely for the convenient operation of the business of Tenant and not for the purpose of consummating a sale which was made at, in, from or upon the Premises or for the purpose of depriving Landlord of the benefit of a sale which otherwise would be made at, in, from or upon the Premises; (iv) the amount of any cash or credit refund made upon any sale where the merchandise sold, or some part thereof, is thereafter returned by Tenant’s customer and accepted by Tenant, but solely to the extent that the proceeds of any such sale would have been included in Gross Sales previously; or (v) sales of Tenant’s fixtures not in the ordinary course of Tenant’s business. Each month during the Term, Tenant must submit to Landlord a report of its monthly Gross Sales on a form satisfactory to Landlord by the tenth (10th) day of the month following the month of the sales. Within forty-five (45) days after the end of each Lease Year, Tenant must submit to Landlord a statement signed by a certified public accountant or authorized officer of Tenant, certifying the amount of Gross Sales from the Premises for such Lease Year (the “Annual Gross Sales Statement”). If the Annual Gross Sales Statement reflects that the amount of Percentage Rent due for the applicable Lease Year was greater than the total of the monthly amounts actually paid by Tenant to Landlord during such Lease Year, then Tenant will pay the deficiency to Landlord within thirty (30) days following Tenant’s submission of the Annual Gross Sales Statement to Landlord. If Tenant fails to timely submit Gross Sales information, in addition to any other remedies to which Landlord may be entitled for an Event of Default by Tenant, Tenant will be assessed a fee of Five Hundred and no/100 Dollars ($500.00) for each occurrence, and One Hundred and no/100 Dollars ($100.00) for each day thereafter until Landlord receives the applicable report of Gross Sales. Tenant will deliver each Gross Sales report to Landlord via the RPP and must include all of the information required therein. Landlord will have the right upon notice to Tenant, at any time during the Term, to direct Tenant to submit Gross Sales reports using an alternative method of delivery. Landlord’s receipt of Gross Sales reports via the RPP is deemed sufficient notice to Landlord for this and only this purpose under Lease. Landlord will have the right upon notice to Tenant, at any time during the Term, to direct Tenant to submit Gross Sales reports via a designated online portal. Landlord’s receipt or acceptance of any Gross Sales statement, or any Percentage Rent payment, will not bind Landlord to the correctness of the statement or payment, and will be without prejudice to Landlord’s inspection and audit rights as provided below. Tenant must keep, and will cause each subtenant, licensee, or concessionaire of Tenant to keep, in the Premises an accurate and complete set of books and records of Tenant’s Gross Sales including, without limitation, all sales of merchandise and revenue derived from all business conducted in the Premises and Shopping Center, cash register tapes or point of sale reports, as applicable, sales slips, order records, records of transactions with subtenants, concessionaires and licensees, banking records, and other such records as may be needed to permit an effective inspection and audit of Gross Sales (“Records”). The Records must conform to generally accepted accounting principles consistently applied. Landlord, or its agents, will have the right to audit the Records at reasonable times during ordinary business hours upon Notice to Tenant. Landlord will have thirty-six (36) months after its receipt of any Annual Gross Sales Statement to conduct a Gross Sales audit and, in connection therewith, the Records must be retained by Tenant for at least thirty- six (36) months after the end of the Lease Year to which such Annual Gross Sales Statement relates, or if Landlord has begun an audit in accordance with this Article, for such longer period as may be required to complete such audit. Tenant’s obligation to maintain the Records and Landlord’s right to audit the Records as provided in this Article will survive any termination, cancellation, or expiration of this Lease. If any audit of Gross Sales discloses that any statement of Gross Sales understates Gross Sales for the applicable reporting period, Tenant must pay to Landlord on demand (i) the amount of the deficiency with Interest and (ii) if any audit discloses an understatement in Gross Sales of three percent (3%) or more, the expenses of the audit must be paid by Tenant as Additional Rent. If such audit discloses a discrepancy prejudicial to Landlord of three percent (3%) or more of Percentage Rent, Landlord will also have the right to terminate this Lease. If such audit discloses an overpayment by Tenant, Landlord will refund any overpayment in Percentage Rent within thirty (30) days following completion of the audit. If the Records, in Landlord’s determination, are inadequate to conduct an audit then, in addition to any and all other remedies available to Landlord in this Lease, Landlord will be entitled to collect as Percentage Rent an amount equal to fifty percent (50%) of the Minimum Rent payable by Tenant for the reporting period. ARTICLE 5 - SECURITY DEPOSIT Tenant, concurrently with the execution of this Lease, will deposit with Landlord the Security Deposit as security for the performance of Tenant's obligations hereunder. If Tenant commits an Event of Default with respect to any provision of this Lease, Landlord, in its sole discretion, may elect to use, apply or retain all or any part of the Security Deposit for the payment of any Rent. If any portion of the Security Deposit is so used, applied or retained, Tenant must, within five (5) days after written demand therefor, deposit with Landlord an amount sufficient to restore the Security Deposit to its original amount and Tenant's failure to do so will be an Event of Default. Unless required by Law, Landlord is not required to keep the Security Deposit separate from its general funds and Tenant is not entitled to interest thereon. If Tenant fully and faithfully complies with the terms and conditions of this Lease, the Security Deposit or any unused balance thereof, will be returned to Tenant within thirty (30) days following expiration of the Term and upon Tenant's surrender of possession of the Premises in accordance with this Lease. The Security Deposit does not constitute prepaid Rent 531 -9- or liquidated damages, but it may, at Landlord's sole option, be applied by Landlord toward the payment of the final month’s Rent due under this Lease. ARTICLE 6 - COMMENCEMENT OF TERM AND RENT The Term of this Lease and the accrual of Rent hereunder will commence on the Commencement Date and continue until the expiration of the Term, at which time this Lease will terminate without notice to quit, the same being hereby waived by Tenant; provided, however, except with respect to Tenant’s obligations to pay Minimum Rent and Periodic Rent, Tenant’s covenants and obligations pursuant to this Lease are effective and Tenant is fully bound thereby from and after the Effective Date. If Tenant fails to open the Premises for business on or before the Commencement Date, then all of Tenant’s charges will nevertheless commence on the Commencement Date at the rates specified in this Lease. If Tenant fails to open for business within one hundred eighty (180) days after the Commencement Date, then as liquidated damages and not as a penalty, in addition to all remedies available to Landlord for Tenant’s default in such regard, Minimum Rent will commence and be payable at the rate of 150% the monthly amount per day until the date Tenant opens for business. Upon Landlord’s request, Tenant will execute and deliver to Landlord a document confirming the actual Commencement Date of this Lease. ARTICLE 7 - PREMISES For the purpose of this Lease, the Premises is described in Article 1 above and extends to the outside of exterior walls and to the center line of any interior demising walls including any structural floors to the bottom of the roof and mezzanines, columns and passageways, together with the appurtenances specifically granted in this Lease (including the right to use any outdoor sales or seating area), but reserving and excepting at all times to Landlord the use of the exterior walls and the roof and the right to install, maintain, use, repair and replace pipes, ducts, conduits and wires leading through the Premises and serving other parts of the Shopping Center. ARTICLE 8 - USE OF PREMISES Tenant covenants and agrees to use the Premises only for the Permitted Use and operate only under Tenant’s Trade Name in the transaction of business in the Premises. Tenant covenants that it will not: (A) place or maintain any signs in any parking areas of the Shopping Center, including any vehicle signage; or (B) commit any waste or otherwise operate the Premises in violation of Landlord’s aim to assure the sustainability of the Shopping Center; or (C) use the Premises for any immoral or illegal trade or purpose. By execution of this Lease, Landlord makes no representation or warranty to Tenant that Tenant’s operation for the Permitted Use in the Premises meets local zoning or land use ordinances, and Tenant must obtain, at its sole cost and expense, any and all required permits for its use and occupancy of the Premises. Tenant must keep the Premises and operate therein in a manner that does not disturb other tenants or customers and does not detract from the reputation and integrity of the Shopping Center. Tenant must operate its business in a dignified manner and in accordance with high standards of store operation so as to maintain a character in keeping with the rest of the Shopping Center. Tenant's use of the Premises is subject, at all times during the Term, to Landlord’s right to adopt, modify and rescind from time to time any Rules not in conflict with any of the express provisions herein governing the use of the Common Areas, and other matters affecting other tenants in and the general management and appearance of the Shopping Center. Tenant agrees to comply with all of the Rules. In addition, Tenant and its contractors must adhere at all times during the Term to reasonable rules, regulations, specifications, and related programs from time to time implemented by Landlord to assure the sustainability of the Shopping Center (collectively, the “Shopping Center Sustainability Practices”). The Shopping Center Sustainability Practices may be implemented from time to time by the promulgation of consistently applied rules and regulations, tenant handbook, construction specifications and materials manual, and/or lists of recommended vendors in order to assist Tenant’s compliance herewith, or any combination thereof. The Shopping Center Sustainability Practices can be found at the following link: https://edens.com/sustainable-practices-guide/. Notwithstanding anything in this Lease to the contrary, Tenant shall not be required to comply with any Rules or Shopping Center Sustainability Practices, including, in each case, any amendments thereto, unless they: (a) are reasonable; (b) shall be applied in a fair, uniform, and nondiscriminatory manner to Tenant and other tenants in the Shopping Center who are subject to the rules and regulations; (c) do not materially and adversely increase Tenant’s obligations under this Lease, decrease Tenant’s rights under this Lease, or impair Tenant’s access to the Premises or business operation for the Permitted Use; and (d) with respect to any amendments thereto, are provided to Tenant at least fifteen (15) days prior to the date Tenant is required to comply therewith. In the event of any conflict between the Rules or the Shopping Center Sustainability Practices and the provisions of this Lease (excluding the Rules and the Shopping Center Sustainability Practices), the provisions of this Lease shall control. As a material inducement for Landlord to enter into this Lease, Tenant agrees to use commercially reasonable efforts to cause its consumption of energy for operations at the Premises to be “Carbon Neutral” (as hereinafter defined), beginning no later than the Delivery Date (“Carbon Neutrality Date”), and continuing each calendar year thereafter during the Term. For purposes of this Lease, “Carbon Neutrality” or becoming “Carbon Neutral” shall mean that any carbon released into the atmosphere by Tenant’s use of energy at the Premises is balanced by an equivalent amount being removed. Tenant may achieve Carbon Neutrality through the use of renewable energy at the Premises (which may include the use of on-site renewable energy resources, to the extent applicable), and/or to the extent permitted in the jurisdiction in which the Premises is located, the purchase of renewable energy certificates (“RECs”) and/or carbon offsets (“Carbon Offsets”) from certified providers (or any similar certificates, credits or offsets that may become available in the future, so long as they are generally accepted in the industry). On or before the Carbon Neutrality Date and from time to time thereafter, upon 532 -10- ten (10) business days’ request from Landlord, Tenant will provide documentation to Landlord demonstrating whether Tenant’s energy consumption is Carbon Neutral (“Carbon Neutrality Confirmation”), in form and substance acceptable to Landlord (Landlord agrees that copies of Tenant’s utility bills for the Premises for the applicable period, reflecting that all energy provided to the Premises is from renewable sources, shall satisfy the requirement for Carbon Neutrality Confirmation). Tenant must submit its Carbon Neutrality Confirmation via the method designated by Landlord from time to time (which may include, but not be limited to, a designated email address or via the RPP). In the event Tenant fails to provide the Carbon Neutrality Confirmation, or Tenant’s Carbon Neutrality Confirmation does not reflect that Tenant has achieved Carbon Neutrality, and Tenant fails to cure such failure within thirty (30) days of receipt of Landlord’s notice thereof, Tenant shall participate in Landlord’s RECs/Carbon Offsets purchase program for the Shopping Center (“Shopping Center Program”) until it achieves Carbon Neutrality, whereby Tenant will reimburse Landlord during such period for Tenant’s share of the costs of the Shopping Center Program, calculated based upon Tenant’s actual usage of non-renewable energy at the Premises. For any period during which Tenant does not demonstrate Carbon Neutrality, Tenant shall pay its share of the cost for the Shopping Center Program (“Program Cost”) (estimated to be approximately $0.05 per square foot of Floor Area in the Premises) on the first (1st) day of each calendar month during such period, which amount shall be considered Additional Rent, due and payable together with Tenant’s monthly payment of Rent. Notwithstanding the foregoing, Tenant will not be required to pay its share of the Program Cost for any period covered by a Carbon Neutrality Confirmation submitted to Landlord, reflecting that Tenant’s energy consumption at the Premises for such period has been Carbon Neutral. ARTICLE 9 - CONTINUOUS OPERATION Tenant must promptly open for business on or before the Commencement Date and thereafter continuously conduct its business in the entirety of the Premises during the Tenant’s Minimum Operating Hours. Tenant will keep its store adequately stocked with saleable merchandise and adequately staffed with employees in an effort to produce maximum Gross Sales and in compliance with all the terms of this Lease. If Tenant fails to continuously conduct its business in the Premises during the Tenant’s Minimum Operating Hours, Landlord may, at Landlord’s sole option (but in addition to remedies available to Landlord for an Event of Default by Tenant), cancel and terminate this Lease by sending Tenant Notice thereof, in which event Tenant must immediately surrender possession of the Premises to Landlord. During any day when Tenant is not open for business at the Premises during the Tenant’s Minimum Operating Hours, then, without limitation of any rights and remedies provided to Landlord under this Lease or otherwise, the Minimum Rent due and payable under this Lease for such day will be due and payable at a rate equal to two (2) times the Minimum Rent rate otherwise due and payable as liquidated damages and not as a penalty. ARTICLE 10 - RETAIL RESTRICTION LIMIT During the Term, Tenant will not, directly or indirectly through any officer, director, member, stockholder, affiliate, parent or subsidiary or any franchisee or licensee or principal or partner, engage in any business similar to or in competition with that for which the Premises are let (a “Violating Business”), within a radius of three (3) miles of the outside boundary of the Shopping Center. Such restriction will not apply to a business existing as of the Commencement Date of this Lease, provided the premises of such existing business are not expanded. If a Violating Business is opened after the Commencement Date, Tenant must submit to Landlord a monthly report of its Gross Sales during the preceding calendar month and each applicable calendar month thereafter during the Term, so long as the Violating Business continues to operate, generated by such business, which report must be in accordance with Article 4 hereof (“Violating Gross Sales”). In addition to any rights and remedies available to Landlord, upon the opening for business of any such Violating Business, Tenant will immediately commence paying to Landlord in lieu of Minimum Rent the greater of (i) two hundred percent (200%) of Minimum Rent or (ii) Minimum Rent and Percentage Rent calculated to include the Violating Gross Sales for the prior calendar month, as liquidated damages and not as a penalty, until the Violating Business ceases operating. Landlord will have the right to examine the Records of the Violating Business and to audit any Violating Business in accordance with the provisions of this Lease applicable to an audit of Records for business conducted at the Premises and Shopping Center. ARTICLE 11 - CARE OF PREMISES Tenant, at Tenant’s expense, will at all times keep the Premises (including the inside and outside of all glass in the doors and windows of the Premises) in a clean, neat, orderly and safe condition and Tenant will comply with all requirements of Laws affecting the Premises. Tenant will use reasonable diligence to keep the sidewalks and outside areas immediately adjoining the Premises free from ice and snow, and at all times broom-clean, free of trash, litter or obstructions of any kind. Tenant will promptly remove any mold from the Premises caused during Tenant’s possession of the Premises. Tenant will heat and cool the Premises, keeping the Premises at a temperature sufficient to prevent freezing of water pipes and fixtures and the growth of mold. Tenant will, at its sole cost and expense, including any and all governmental fees, and in accordance with Laws, provide for the regular removal of all trash, rubbish and garbage from the Premises. Landlord reserves the right to designate, from time to time, a third-party trash collection and recycling vendor, in which event Tenant will, as Landlord designates, either (i) reimburse Landlord, as Additional Rent, the cost of same based on Tenant's proportionate share as it relates to the Floor Area of all tenants utilizing the service or on such other basis as Landlord reasonably determines, or (ii) contract directly with such designated vendor for such services and pay such vendor directly. ARTICLE 12 - COMMON AREAS AND PARKING All Common Areas in or about the Shopping Center are subject to the exclusive control and management of Landlord. Tenant, the Tenant Parties, and Tenant’s concessionaires, customers and invitees shall have the non-exclusive license, in common with Landlord and all others to whom Landlord has or may hereafter grant rights, to use the Common Areas as designated from time to time by Landlord, subject to the Rules, including but not limited to Landlord’s designation of specific areas in which cars operated by Tenant and the Tenant Parties must park and the manner, times and areas Tenant receives deliveries of goods and merchandise. Tenant must abide by the Rules and agrees to use its best efforts to cause the Tenant Parties to conform thereto. Landlord may at any time temporarily close parking areas and other Common Areas, and Landlord may do such other acts in and to the Common Areas as in its judgment may be desirable. Tenant will, upon request, furnish to Landlord the license numbers of the cars operated by any of the Tenant Parties. If any of the Tenant Parties fail to park their cars or other vehicles in Common Areas so designated by Landlord, Landlord will have the 533 -11- right in its sole discretion to (i) charge Tenant an administrative fee of Twenty and No/100 Dollars ($20.00) per day per car parked in any Common Areas other than those designated, and (ii) have such cars or other vehicles physically removed from the Shopping Center at Tenant’s expense, without any liability whatsoever to Landlord. Tenant will not at any time interfere with the rights of Landlord and other tenants, its and their concessionaires, officers, employees, contractors, agents, customers and invitees, to use any part of the parking areas and other Common Areas. Anything in this Lease to the contrary notwithstanding, Landlord has the right at any time after the Effective Date to alter, modify, change or move the parking facilities or other Common Areas within the Shopping Center as now constituted or planned, or as hereafter enlarged or diminished. In addition, Landlord reserves the right to use or allow others to use portions of the Common Areas for various activities, kiosks or carts or the like. It is expressly understood and agreed that the designation or use from time to time of portions of the Shopping Center as Common Areas does not restrict Landlord's use of such areas for buildings, structures, or for such other purpose as Landlord determines. Landlord reserves the right to institute parking charges, valet parking and to grant to third parties the non-exclusive right to cross over and use, in common with Landlord and all tenants of the Shopping Center, the Common Areas as designated from time to time by Landlord. ARTICLE 13 - TAX RESPONSIBILITIES Tenant’s responsibility for real estate taxes, assessments, business license fees and other charges which may be levied, assessed or charged against the Shopping Center is described in Article 15 below. In addition, Tenant must pay, in a timely manner, all operating license fees for the conduct of its business and ad valorem and other taxes and assessments levied upon its trade fixtures, personal property, inventory and stock of merchandise, as well as all sales taxes attributable to its business from the Premises and the payment of Rent. Tenant’s obligations under this Article will survive any termination or expiration of this Lease and continue until the applicable taxing authority removes such taxes from the applicable tax records. Upon any failure by Tenant to satisfy its responsibilities under this Article, Landlord will have the right, but not the obligation, to make payment on behalf of Tenant, and such payment will be deemed Additional Rent due for the month in which such payment is made and will be due and payable upon ten (10) days’ Notice to Tenant evidencing payment by Landlord. ARTICLE 14 - MECHANIC’S LIEN If by reason of any alteration, repair, labor performed or materials furnished to the Premises for or on behalf of Tenant any mechanic's or other lien is filed, claimed, perfected or otherwise established as provided by Law against the Shopping Center, Premises or any other portion of the Shopping Center, Tenant must discharge or remove the lien by bonding or otherwise, within ten (10) days after Notice from Landlord to Tenant. If Tenant fails to timely discharge or remove any such lien, the failure will be an immediate Event of Default (as defined in Article 20) and in addition to other remedies reserved by Landlord on account of the Event of Default, Landlord may, but will not be obligated to, cause such lien to be removed or bonded over and Tenant must pay to Landlord the costs Landlord incurs as a result (including but not limited to attorneys’ fees and expenses), as Additional Rent hereunder. Tenant’s obligations hereunder will survive the expiration or earlier termination of this Lease. ARTICLE 15 - PAYMENT OF TENANT’S PRO RATA SHARE OF EXPENSES, TAXES AND INSURANCE The term “Expenses” is defined to mean all costs and expenses of every kind and nature paid or incurred by Landlord in its discretion in owning, operating, equipping, maintaining, repairing, replacing, policing, managing and securing the Shopping Center. Expenses will include (but are not limited to) costs and charges for: water and sewer; business licenses and permits; supplies; utilities (including utility system installations); off-site utilities and improvements serving the Shopping Center, such as (by way of example only) sewer lift stations, solid waste disposal, retention/detention ponds, and storm drainage facilities; roadways and driveways; security; improvements and amenities; elevators and stairways; the applicable annual amount of any costs or charges which Landlord has elected to amortize over a period of years; roof (including roof systems and membranes); legal and accounting services not related to lease negotiations or evictions; lighting; traffic control; parking facilities (including resurfacing and resealing); reserves for repairs, maintenance, and replacement of Shopping Center facilities; painting; removal of storm debris, snow and ice from all areas of the Shopping Center; fire sprinkler systems and fire, life safety and other alarms (including testing, inspections and monitoring); planting, replanting and replacement of all landscaping; sprinkler and irrigation systems; trash pick-up and removal, including porter services; on-site administrative office or facility and personnel; signage; and extermination services. Landlord reserves the right in its sole discretion to allocate certain Expenses to the building in which the Premises is located (“Premises Building”) or to particular buildings or to a certain type of tenants (e.g., restaurants) to the extent that such Expenses are incurred exclusively for the Premises Building or such buildings or type of tenants, as the case may be (each a “Separate Billing Group”). Landlord may at its election, at any time or from time to time, in its sole and absolute discretion, designate with respect to one or more items comprising Expenses attributable to any or all improvements located within and primarily benefiting a particular Separate Billing Group be paid exclusively by such Separate Billing Group. In the event of such designation by Landlord, Tenant’s Pro Rata Share (as defined below) with respect to such item(s) of designated Expenses shall be calculated only with respect to Expenses attributable to the Separate Billing Group of which Tenant’s operation at the Premises is a part (and shall exclude the applicable item(s) of Expenses attributable to any other Separate Billing Group for which the Tenant’s operation at the Premises is not a part). In the event of Landlord’s designation of an Expense to a Separate Billing Group, the denominator for calculating Tenant’s Pro Rata Share with respect to such item(s) of Expenses shall only include the Floor Area of all premises and buildings leased or occupied by tenants or occupants in such Separate Billing Group (and such denominator shall exclude the Floor Area of all premises and buildings leased or occupied by tenants or occupants not in such Separate Billing Group. The term “Insurance” is hereby defined as all costs and expenses of every kind associated with insuring the Shopping Center or the Common Areas, including, but not limited to Causes of Loss Special Form (formerly “All Risk”) property insurance, including also coverage for windstorm, flood and earthquake, as well as loss of rental value, loss of business and extra expenses insurance, all liability insurance, workers’ compensation and employers’ liability insurance, coverage for the repair, replacement and re- commissioning of the Shopping Center, and other insurance coverages deemed reasonable and necessary by Landlord, and its lender (if applicable), and Landlord’s share of any deductible or co-insurance in connection with a loss. 534 -12- The term “Taxes” is hereby defined as all general and special taxes and assessments (ad valorem and non-ad valorem), which may be lawfully charged, assessed, or imposed upon all or any portion of the Shopping Center, on both land and any or all improvements forming a part thereof or contained therein. Landlord will pay, or cause to be paid, all Taxes before the same become delinquent; provided however, that if authorities having jurisdiction assess Taxes (or any portion thereof) which Landlord deems excessive, Landlord may defer compliance therewith to the extent permitted by Law so long as the validity or amount thereof is contested by Landlord in good faith and so long as Tenant’s occupancy of the Premises is not disturbed or threatened. Taxes includes any payment by Landlord resulting from a compromise or settlement agreement with the applicable taxing authority as to the amount of any Taxes. In every case, Taxes will be adjusted to take into account any abatement or refund thereof paid to Landlord, less all of Landlord’s costs of securing such abatement or refund (Landlord having the sole right to contest Taxes). If Landlord elects to contest Taxes, Landlord will be entitled to bill Tenant for its Pro Rata Share of the costs and expenses incurred by Landlord as and when the same are incurred, and the same will constitute part of such Taxes. To the extent that Landlord has received payment of such costs and expenses from Tenant, the same will not be deducted as aforesaid from the abatement or refund, if any, ultimately received with respect thereto. Tenant will have no right to participate in any credit, exemption or rebate related to or as consideration for Landlord’s investment and redevelopment of the Shopping Center or otherwise including, but not limited to the following: (i) tax increment financing, (ii) historic or landmark credits, (iii) the installation of energy-efficient systems or improvements, or (iv) rehabilitation or revitalization of property, regardless of whether such credits, exemptions or rebates are payable directly to Landlord or applied as a credit or rebate on the tax bill for the Shopping Center, and Tenant’s Pro Rata Share of Taxes will be computed and payable without regard to the foregoing. As Additional Rent, Tenant will pay its Pro Rata Share of: (i) Expenses, (ii) Taxes, (iii) Insurance, and (iv) an administrative fee of fifteen percent (15%) of the total amount of all Expenses, Taxes and Insurance. In addition, as Additional Rent, Tenant will pay a property management fee at the rate of four percent (4%) of Rent, which may be payable to Landlord, its affiliate, subsidiary, or third- party manager. The foregoing administrative fee and management fee are included in the Estimated Charges in Article 1(N) above. Tenant’s Pro Rata Share of the Expenses, Insurance and Taxes will be paid monthly, commencing on the Commencement Date and on the first day of each calendar month thereafter, based upon Landlord’s reasonable estimates. An adjustment may be made for each of said monthly charges on a calendar-year basis when the actual costs from the preceding year and reasonable estimates for the upcoming year have been determined; provided, however, to any extent Taxes are billed by the applicable taxing authority on a basis other than calendar year, any such amounts may be billed and reconciled by Landlord based on such applicable tax year. Should the Term end prior to the end of a full calendar year, Tenant’s Pro Rata Share of Expenses, Insurance and Taxes will be prorated on a monthly basis for such partial calendar year. Within one hundred eighty (180) days following the end of each calendar year (or applicable tax year if other than the calendar year) during the Term, Landlord will endeavor to perform an annual reconciliation of Expenses Taxes and Insurance. If the annual reconciliation reveals a balance due from Tenant, Landlord will invoice Tenant for the remaining balance of its Pro Rata Share of Expenses, Taxes and Insurance. Tenant will have thirty (30) days from the date of such invoice to pay Landlord the balance due. If the annual reconciliation reveals an overpayment by Tenant, Landlord will notify Tenant of such overpayment and apply the same as a credit to Tenant’s account. If there is an overpayment by Tenant during the calendar year in which the Term expires, then Landlord will notify Tenant of such overpayment, and refund any monies due to Tenant within forty-five (45) days after the Term expiration date, provided no other charges due from Tenant under the Lease are outstanding. Tenant’s failure to object to any statement, invoice or billing rendered by Landlord within a period of ninety (90) days after Tenant’s receipt thereof will constitute Tenant’s acquiescence with respect thereto and render such statement, invoice or billing an account between Landlord and Tenant. Tenant’s obligations hereunder will survive the expiration or earlier termination of this Lease. ARTICLE 16 - FIXTURES AND INTERIOR ALTERATIONS Except for completion of Landlord’s Work (as defined in Exhibit “B”), if any, Tenant accepts the Premises in “as is” condition. Tenant expressly acknowledges that, except as expressly provided for in this Lease, Landlord makes no representations or warranties regarding the Premises or the suitability of the Premises for Tenant’s business. Except for Tenant’s Work (as defined in Exhibit “B”), to be performed in strict accordance with Exhibit “B”, and the installation of unattached moveable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Premises, Tenant will not make any alterations or modifications to the Premises without the prior written consent of Landlord, which consent will be in Landlord’s sole discretion. Any alterations or improvements in and to the Premises shall not adversely affect the value or the structural integrity of the Premises, or the parking count for the Shopping Center. If Landlord’s approval is given, Tenant will make such permitted alterations, additions or improvements in a good workmanlike manner and in accordance with all Laws. Under no circumstances will Tenant be allowed to make structural alterations, additions, or improvements or penetrate the roof or exterior walls of the Premises without the express prior written consent of Landlord. It is expressly understood that the use of the roof above the Premises and exterior walls are reserved to Landlord. All permanent improvements will belong to Landlord and become a part of the Premises upon termination or expiration of this Lease. Tenant is responsible for obtaining, at its sole cost and expense, all necessary permits and approvals from any governmental authority related to any work to be performed by Tenant on the Premises. Prior to applying for each such permit and approval, Tenant must submit the plans for the same to Landlord for review and Tenant will not submit any such application to any governmental authority without Landlord's prior approval. Any unattached moveable trade fixtures installed by Tenant will at all times be and remain the property of Tenant, and Tenant will have the right to remove all or any part of the same from the Premises at any time so long as Tenant is not in default of the terms and provisions of this Lease; provided, however, Tenant must repair (or reimburse Landlord for the cost of repairing) any damage to the Premises resulting from the installation and removal of such items. ARTICLE 17 - INDEMNIFICATION AND INSURANCE A. Tenant’s Indemnification: Tenant will indemnify, defend and hold harmless Landlord, Landlord’s property manager, employees, servants, licensees, lessors, partners, officers, shareholders, members, trustees, principals, agents, any ground lessor, and any holder of a mortgage or lien on all or any portion of the Shopping Center (collectively, “Landlord’s Indemnitees”), from and against all liabilities, obligations, judgments, penalties, claims, costs, charges and expenses, including reasonable architects’ and attorneys’ fees, which may be imposed upon, incurred by, or asserted against any of Landlord’s Indemnitees and arising, directly or indirectly, out of or 535 -13- in connection with (i) Tenant’s breach of its obligations under this Lease, (ii) the acts, omissions or negligence of Tenant, or any person claiming by, through or under Tenant, or Tenant’s or any person’s contractors, licensees, agents, servants, or employees, in, on or about the Premises and Shopping Center, (iii) the use or occupancy of the Premises by Tenant or any of the Tenant Parties, or (iv) the use or occupancy of the Premises by Tenant’s customers or invitees while in the Premises. Notwithstanding the foregoing, Tenant will not be obligated to indemnify Landlord’s Indemnitees against liabilities, obligations, judgments, penalties, claims, costs, or charges or expenses arising out of a claim for which Tenant is released from liability pursuant to Article 19 below, or a claim to the extent arising out the willful misconduct or sole negligent acts or omissions of Landlord or its agents, employees, contractors, licensees or servants. This indemnity and hold harmless obligation will survive the expiration or earlier termination of this Lease. B. Landlord’s Indemnification: Landlord will indemnify, defend and hold harmless Tenant and its officers, shareholders, members, trustees, principals, agents and employees (collectively, “Tenant’s Indemnitees”), from and against all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including reasonable attorneys’ fees, which may be imposed upon, incurred by, or asserted against any of the Tenant’s Indemnitees to the extent arising, directly or indirectly, out of (i) the negligent or willful acts or omissions of Landlord, or Landlord’s agents, employees, contractors, servants or licensees in, on or about the Common Areas, or (ii) the use of the Common Areas. Notwithstanding the foregoing, Landlord will not be obligated to indemnify Tenant’s Indemnitees against liabilities, obligations, damages, penalties, claims, costs, charges or expenses arising out of a claim for which Landlord is released from liability pursuant to Article 19 below, or a claim arising out of the willful misconduct or sole negligent acts or omissions of any of the Tenant Parties. This indemnity and hold harmless obligation will survive the expiration or earlier termination of this Lease. C. Tenant’s Insurance: Tenant covenants and agrees that, effective as of the earlier of (i) the Delivery Date or (ii) Tenant’s first entry into the Premises, and thereafter at all times during the Term, Tenant will carry and maintain, at its sole cost and expense, the following types of insurance in the amounts specified, providing the coverages, and in the forms set forth below: (i) Commercial general liability insurance (occurrence basis commercial general liability insurance on all of Tenant’s operations at the Shopping Center and liability assumed under the Lease and any other business contracts, including Products and Completed Operations and Premises Legal Liability, on a form that provides coverage that is no less broad than that provided by the current ISO form CG 00 01 04 13, is otherwise reasonably satisfactory to Landlord and containing no exclusion for the acts or omissions of the additional insured(s)) with a combined single limit for bodily injury, including death to any person, and for property damages, of not less than One Million and No/100 Dollars ($1,000,000.00) per occurrence, Two Million and No/100 Dollars ($2,000,000.00) aggregate, plus excess/umbrella liability insurance containing a per occurrence combined single limit of One Million and No/100 Dollars ($1,000,000.00) aggregate, for general liability, automobile liability and contractual liability (collectively, the “Liability Policy”). If the Liability Policy also covers locations other than the Premises, the policy shall include a provision to the effect that the aggregate limit of Two Million Dollars ($2,000,000.00) shall apply separately to the Premises. Landlord will have the right, at its option, but no more frequently than once in any five (5) year period during the Term, to require reasonable increases in the minimum coverage amounts included in this Article. Landlord, Landlord’s property manager, ground lessors, and all mortgagees and other parties that Landlord designates by notice to Tenant (collectively, the “Required Additional Insureds”) will each be an additional insured under the Liability Policy pursuant to an endorsement that provides no less coverage to the additional insured than the current ISO form CG 20 11 04 13, and with an additional endorsement providing that the additional insured coverage provided to the Required Additional Insureds is expressly primary and non-contributing. Notwithstanding the limits of liability provided in this Lease, if Tenant carries liability insurance coverage with limits higher than the limits required in this Lease, the Required Additional Insureds will each be an additional insured as to the full coverage limits actually carried by Tenant. If the Liability Policy comprises more than one policy of insurance, for example, if Tenant maintains both a primary policy and an excess or umbrella policy, then all of these policies must follow form and satisfy the requirements of this Article 17(C); (ii) “Causes of Loss – Special Form” property insurance covering all of (i) Tenant’s Work, Tenant’s leasehold improvements, and all other improvements, betterments, improvements, alterations, additions, and modifications to the Premises, including, without limitation, wall coverings, floor coverings, millwork, and other improvements, made by or for Tenant or anyone occupying the Premises by or through Tenant during the Term (collectively, “Tenant’s Improvements”), (ii) Tenant’s Signs and all furniture, trade fixtures, equipment, shelving, inventory, and other property located in or on the Premises, whether belonging to Tenant or to others (collectively, “Tenant’s Property”), and (iii) all portions of the Premises which Tenant is responsible for repairing and maintaining hereunder (including all glass, including plate glass windows and doors) and all equipment (including the HVAC and equipment used by Tenant in the Premises) in or on the Premises, in an amount not less than the full replacement cost without deduction and not subject to coinsurance, together with insurance against flood, water damage, vandalism and malicious mischief (collectively, the “Property Policy”). The Property Policy shall name Landlord and any mortgagee and ground lessor of Landlord as loss payees and additional insureds as their interests may appear. Each Property Policy will either permit Tenant to waive the insurer’s rights of subrogation or be endorsed to provide that the insurer waives all rights of legal and conventional subrogation as to Landlord and all other Required Additional Insureds; (iii) Business automobile liability insurance on all vehicles that Tenant owns or leases, if any, all of which will be subject to a minimum limit of One Million and No/100 Dollars ($1,000,000.00) per accident naming Landlord and all other Required Additional Insureds as additional insureds on a primary and non-contributing basis; (iv) As part of the Property Policy, business income and extra expense insurance on all of Tenant’s operations at the Premises, in an amount not less than eighty percent (80%) of Tenant’s gross annual income at the Premises, less non- continuing expenses for a period of no less than twelve (12) months, with no coinsurance provision and including a waiver of the insurer’s rights of subrogation as to Landlord and the other Required Additional Insureds; (v) Workers’ Compensation insurance covering all persons employed, directly or indirectly, by Tenant, with respect to whom death or bodily injury claims could be asserted against Tenant, at a minimum meeting the requirements of the applicable state workers’ compensation laws, and Employers Liability Coverage with a limit of at least One Million 536 -14- and No/100 Dollars ($1,000,000.00) per accident or disease. Each policy of workers’ compensation and employers’ liability insurance shall be endorsed to provide that the insurer waives all rights of legal and conventional subrogation as to Landlord and all other Required Additional Insureds; (vi) Any contractor of Tenant performing work on the Premises must carry and maintain, effective as of the contractor’s first entry into the Premises, at no expense to Landlord: (A) commercial general liability insurance, including contractors liability coverage, contractual liability coverage, completed operations coverage, business auto liability coverage, broad form property damage endorsement and contractor’s protective liability coverage, providing protection with limits for each occurrence of not less than One Million and No/100 Dollars ($1,000,000.00) per occurrence, Two Million and No/100 Dollars ($2,000,000.00) aggregate; and (B) workers’ compensation insurance covering all persons employed, directly or indirectly, by Tenant’s contractor, with respect to whom death or bodily injury claims could be asserted against Landlord, Tenant, or Tenant’s contractor, in form and with limits in at least the amounts required by applicable laws and Employers Liability Coverage with a limit of at least One Million and No/100 Dollars ($1,000,000.00) per accident and disease. To the fullest extent permitted by Laws, each such policy of commercial general liability insurance will be endorsed to name Landlord and all other Required Additional Insureds as additional insureds on a primary and non-contributing basis, and each such workers’ compensation policy will be endorsed to provide that the insurer waives all rights of legal and conventional subrogation as to Landlord and all other Required Additional Insureds; (vii) If Tenant produces, sells or serves alcoholic beverages for on- or off-premises consumption, whether for charge or no charge, liquor liability insurance with limits not less than One Million and No/100 Dollars ($1,000,000.00) per occurrence, Two Million and No/100 Dollars ($2,000,000.00) aggregate, covering all operations of Tenant at the Shopping Center and providing coverage for defense costs outside of the limits of liability, and naming Landlord and all other Required Additional Insureds as additional insureds on a primary and non-contributing basis; (viii) Environmental Legal Liability including coverage for pollution clean-up, mold, fungus and related bacteria, with a limit of not less than One Million and No/100 Dollars ($1,000,000.00) per occurrence, Two Million and No/100 Dollars ($2,000,000.00) aggregate, with defense costs covered outside of the limits of liability; (ix) Equipment Breakdown coverage on Tenant’s operations at the Premises, including coverage for loss of business income, on a replacement cost, agreed value basis, naming Landlord and all other Required Additional Insureds as additional insureds and loss payees (as their interests may appear) on a primary and non-contributing basis; and (x) Such other insurance coverage against other insurable hazards as Landlord may from time to time reasonably request. All of Tenant’s policies required in this Lease must: (i) name Tenant as the insured, (ii) be endorsed to require the insurer to provide Landlord with at least thirty (30) days’ prior written notice of cancellation or termination; (iii) to the extent Landlord reasonably considers applicable, contain cross-liability coverage or a severability of interest clause in a commercially reasonable form; (iv) not contain any deductible provision in excess of Five Thousand and No/100 Dollars ($5,000.00); and (v) be in a commercially reasonable form. All insurance carriers providing insurance required by this Article must have no less than an AM Best Company rating of A:IX (or the substantial equivalent if AM Best Company ratings are no longer published). Tenant must comply with all requirements and recommendations of Landlord’s insurance carriers. On or before the Delivery Date (or Tenant’s first entry into the Premises, whichever is earlier), Tenant must deliver to Landlord certificates and evidence of the insurance required pursuant to this Article evidencing the existence and amounts of these policies, together with a copy of the declarations pages of all required policies, all endorsements naming the Required Additional Insureds as additional insureds or loss payees, as the case may be, and all other endorsements required in this Lease (collectively, the “Required Evidence of Insurance”). If the Required Evidence of Insurance is not received by Landlord on or before the earlier of (x) Tenant’s first entry into the Premises and (y) the Delivery Date, Tenant will not be permitted to access the Premises, perform any work on the Premises or otherwise use or occupy the Premises until such Required Evidence of Insurance is received by Landlord. After providing the initial Required Evidence of Insurance, Tenant must deliver to Landlord the Required Evidence of Insurance with respect to the renewal or replacement of each policy required under this Lease no less than ten (10) days before any such policy expires or is terminated, and at other times, at Landlord’s request. Tenant must deliver each certificate and the other Required Evidence of Insurance to Landlord by email to the following email address: edens@getjones.com. Each email must contain a subject line that contains the name of the Shopping Center, Tenant’s Trade Name and the store space number of the Premises. Landlord’s receipt by email of the certificate and other Required Evidence of Insurance will be deemed sufficient notice to Landlord for this and only this purpose under Lease. In addition to the foregoing, Landlord will have the right upon notice to Tenant, at any time during the Term, to direct Tenant to submit certificates and other Required Evidence of Insurance to Landlord via a designated online portal. In addition to Tenant’s obligation to deliver to Landlord the Required Evidence of Insurance as provided in this paragraph, from time to time, on request by Landlord, Tenant will provide Landlord with a complete copy of the Tenant’s current policies required in this Lease. Tenant’s obligation to carry the insurance provided for herein may be included within the coverage of a so-called “blanket” policy or policies of insurance carried and maintained by Tenant; provided however, that the use of such blanket policy of insurance shall not reduce or diminish the coverage afforded Landlord and the other Required Additional Insureds and the required minimum limits of coverage must be available to the Premises at all times. If Tenant fails to comply with its obligation to maintain the policies of insurance required in this Lease, Landlord may, but will not be obligated under any circumstance, to obtain such insurance and keep the same in effect, and if Landlord elects to maintain this coverage, Tenant must pay Landlord, as Additional Rent, the premium cost thereof plus an administrative fee of fifteen percent (15%), upon demand. Landlord’s election to obtain or not to obtain such insurance will not affect Tenant’s indemnity obligation to Landlord under this Article. In addition, the listing of required policies of insurance and minimum required limits in this Article will not limit Tenant’s indemnity obligations under this Lease. D. Landlord’s Insurance: Landlord will carry commercial general liability insurance coverage on all Common Areas with a company qualified to transact business in the state in which the Premises are located, stipulating limits of liability of not less than One Million and No/100 Dollars ($1,000,000.00) each occurrence/ Two Million and No/100 Dollars ($2,000,000.00) general aggregate combined single limit coverage. In addition, Landlord will carry and maintain or cause to be maintained property insurance, with such coverages, deductibles and co-insurance provisions as Landlord may determine, plus all endorsements and other insurance coverages 537 -15- deemed reasonable and necessary by Landlord or its lender or ground lessor, on the Premises Building and other buildings in the Shopping Center, but Landlord will have no obligation to insure any of Tenant’s Improvements or Tenant’s Property. If during the Term the Premises are used for any purpose or in any manner which causes an increase in the rates of Landlord’s insurance, Tenant must pay to Landlord, as Additional Rent, the additional premium caused thereby upon demand. Tenant will have no rights in said policies maintained by Landlord and will not, by reason of reimbursement or otherwise, be entitled to be named an additional insured thereunder. ARTICLE 18 - NON-LIABILITY; GENERAL DAMAGE AND FIRE DAMAGE All Tenant’s Improvements, Tenant’s Property, and other property installed, kept, stored or maintained in or on the Premises must be so installed, kept, stored and maintained at the sole risk of Tenant. Notwithstanding any other provision in this Lease to the contrary, Landlord will not be liable to Tenant, its subtenants or concessionaires, or any other persons permitted by Tenant to occupy or do business in the Premises, for any damage to or loss of property, regardless of cause, and even in the case of Landlord’s fault or negligence. Landlord and Tenant have agreed to allocate the risk of loss for all Tenant’s Improvements, Tenant’s Property and all other such property of Tenant, its subtenants or concessionaires or any other persons permitted by Tenant to occupy or do business in the Premises, by Tenant obtaining (or causing such subtenants or concessionaires or other persons to obtain) insurance insuring the full replacement costs of all such property, which insurance must include a waiver of subrogation provision against Landlord for any loss or claim paid under such insurance caused by the act or negligence of Landlord. Except as otherwise set forth in Article 17 above, and except to the extent prohibited by applicable Laws, Landlord’s Indemnitees will not be liable for, and Tenant waives all claims against Landlord’s Indemnitees and each of them for loss of or damage to Tenant’s business or injury or damage to person or property sustained by Tenant, or any person claiming by, through or under Tenant, resulting from any accident or occurrence in, on, or about the Shopping Center, including claims for loss, theft, injury or damage resulting from: (i) any equipment or appurtenances being or becoming out of repair; (ii) wind or weather; (iii) any defect in or failure to operate any sprinkler, HVAC equipment, electric wiring, gas, water or steam pipe, stair, railing or walk; (iv) broken glass; (v) the backing up of any sewer pipe or downspout; (vi) the escape of gas, steam or water; (vii) water, snow or ice being upon the Shopping Center or coming into the Premises; (viii) the falling of any fixture, plaster, tile, stucco or other material; or (ix) any act, omission or negligence of other tenants, licensees or any other persons, including occupants of the Shopping Center, occupants of adjoining or contiguous spaces or buildings, owners of adjacent or contiguous property, or the public. Tenant must give prompt Notice to Landlord in case of fire or other casualty (“Casualty”) to the Premises or the Shopping Center. If (i) the buildings (calculated in the aggregate) in the Shopping Center are damaged to the extent of more than fifty percent (50%) of the “cost of replacement” thereof (as defined below); or (ii) during the last two (2) Lease Years of the Term, the Premises are damaged to the extent of more than twenty-five percent (25%) of the cost of replacement thereof; or (iii) the Premises are damaged to the extent of fifty percent (50%) or more of the cost of replacement thereof and such damage cannot be repaired within one hundred eighty (180) days of the date of such occurrence, then Landlord may terminate this Lease by Notice to Tenant within one hundred eighty (180) days after the date of the Casualty. If Landlord so terminates this Lease, then the termination date will be the date set forth in the Notice to Tenant, which date will not be less than thirty (30) days nor more than ninety (90) days after the giving of said Notice. The “cost of replacement” will be determined by the company or companies insuring Landlord against the Casualty, or, if there is no such determination, by a qualified person selected by Landlord to determine such “cost of replacement.” If due to a Casualty during the last two (2) Lease Years of the Term, either (i) the Premises are damaged to the extent of twenty-five percent (25%) or more of the cost of replacement thereof, or (ii) more than fifty percent (50%) of the Floor Area of the Shopping Center immediately before such Casualty is rendered untenantable, Tenant may terminate this Lease by giving Landlord sixty (60) days’ prior Notice, given within sixty (60) days after the date of the Casualty. Notwithstanding anything to the contrary contained herein, in the event of a Casualty to the Premises, and provided the Lease is not terminated pursuant to the provisions contained in this Article, if Landlord fails to “commence the restoration or repairs to the Premises” (which for purposes of this Article shall mean filing any required applications for building permits and approvals necessary to commence the work) in accordance with the provisions of this Article within one hundred eighty (180) days following the date of such Casualty, Tenant will have the right to terminate this Lease upon thirty (30) days’ prior Notice to Landlord, said Notice to be given within thirty (30) days after the expiration of the aforesaid one hundred eighty (180) day period, provided that Tenant’s termination will be nullified if Landlord commences restoration or repairs within the 30-day period. If the Casualty renders the Premises untenantable, in whole or in part, all Minimum Rent and Additional Rent will abate proportionately during the period of such untenantability (and, if applicable, the Breakpoint will be proportionately reduced), computed on the basis of the ratio which the amount of Floor Area of the Premises rendered untenantable bears to the total Floor Area of the Premises. Such abatement will terminate on the earlier of (i) thirty (30) days after the date any such repair and restoration work is substantially completed by Landlord, or (ii) the date Tenant reopens for business in the portion of the Premises previously rendered untenantable. Except to the extent specifically set forth in this Article, neither the Rent nor any other obligations of Tenant under this Lease will be affected by any Casualty, and Tenant hereby specifically waives all other rights it might otherwise have under applicable Laws with respect to the Casualty. Tenant will not be entitled to and hereby waives, releases, and relinquishes any and all claims against Landlord for any compensation or damage for loss of use of all or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, repairs, or restoration of the Premises. Subject to Landlord’s ability to obtain the necessary permits and the availability of insurance proceeds sufficient to cover the cost of restoration and repair, and either party’s right to terminate this Lease pursuant to the provisions of this Article, Landlord will with reasonable diligence repair or restore the Premises (excluding the floor and wall coverings and plate glass in the Premises, Tenant’s Improvements, Tenant’s Property and the other portions of the Premises that Tenant is required to insure under Article 17 above) to a substantially similar condition as existed prior to the Casualty (consistent, however, with Laws then in existence); provided, Landlord will not be required to expend an amount in excess of the insurance proceeds received by Landlord in performing such repairs or reconstruction. Notwithstanding anything to the contrary in the foregoing, in no event will Landlord have the obligation to repair or restore the Tenant’s Improvements, Tenant’s Property, or any of the other portions of the Premises that Tenant is obligated to insure under Article 17 above, and the Minimum Rent and Additional Rent will not abate if the damage was only to those portions of the Premises, Tenant’s Improvements, or Tenant’s Property. 538 -16- Unless this Lease is terminated as provided in this Article, Tenant must promptly: (i) commence and diligently pursue to completion the repair, restoration, refixturing and redecorating of the Premises, including Tenant’s Improvements, Tenant’s Property and the portions of the Premises that Tenant is obligated to insure under Article 17 above, to substantially the condition which such property was in at the time of the Casualty, including repairing, restoring or replacing Tenant’s Improvements, Tenant’s Property, the plate glass and wall coverings, and all other items that Tenant is required to insure under Article 17, to a substantially similar condition as existed prior to the Casualty, all subject to plans and specifications to be approved in writing by Landlord; and (ii) open for business in the Premises as soon thereafter as practicable. ARTICLE 19 - MUTUAL WAIVER OF SUBROGATION Notwithstanding any provision in this Lease to the contrary, Landlord and Tenant each hereby releases and relieves the other, and each such party hereby waives its entire right of recovery against the other, for any and all loss or damage to any property, including, in the case of Landlord, the Premises and any loss of rental value, and in the case of Tenant, the Tenant’s Improvements, Tenant’s Property and all other alterations and additions, any and all equipment, fixtures, and other property located in or about the Premises, and any and all loss of business income, arising out of or incident to perils insured against or that could have been insured against by a “Causes of Loss - Special Form” policy of property insurance (even if this policy is not actually maintained by the applicable party) or by any other policy of insurance required under this Lease, even if this loss or damage is due to the negligence of Landlord, Tenant, or their respective agents, employees, contractors or invitees. This waiver will include a waiver by each party of all rights of legal or conventional subrogation that their insurers may have against the other party. Tenant and Landlord will, upon obtaining the policies of insurance covering property loss or damage required hereunder, give notice to their insurance carrier or carriers that the foregoing mutual waiver of subrogation is contained in this Lease, or if the insurance policy does not permit a party to waive the insurer’s rights of subrogation, then the policy will contain an endorsement in which the insurer waives all of its rights of legal and conventional subrogation against the party that is not the insured party. Landlord and Tenant acknowledge that they have chosen to allocate the risk of loss pursuant to the insurance provisions of this Lease and that it is fair and equitable to both parties in light of the insurance required to be carried hereunder that a party should be released from liability for its own fault or negligence in causing damage to the other party’s property. Tenant will cause its subtenants, concessionaires or other persons permitted by Tenant to occupy or do business in the Premises to execute a document in favor of Landlord in which it (i) releases Landlord and the Required Additional Insureds from and waives all rights and claims against Landlord and the Required Additional Insureds arising from loss of or damage to any property that is insured or that could have been insured by a Causes of Loss - Special Form policy of property insurance and from all loss of business that could also have been insured and (ii) agrees to have its property insurers waive all rights of subrogation as to Landlord and the Required Additional Insureds. Notwithstanding any contrary provisions contained in this Article, this Article shall not apply to relieve either party of its obligations to maintain, repair and/or replace, and its obligations for the costs and expenses related thereto, as required by any other provisions of this Lease. Landlord’s and Tenant’s obligations hereunder will survive the expiration or earlier termination of this Lease. ARTICLE 20 - DEFAULT BY TENANT (A) Event of Default. The occurrence of any of the following will constitute an “Event of Default” by Tenant under this Lease: (i) Failure to pay any Rent when same is due, when such failure continues for five (5) days after notice from Landlord; (ii) Failure to submit or resubmit any plans, specifications or other construction drawings within the time periods set forth in Exhibit “B”; (iii) Failure to open for business to the public by the date which is 180 days after the Commencement Date; (iv) Failure to operate continuously for the Permitted Use and during the Tenant’s Minimum Operating Hours and under Tenant’s Trade Name; (v) Vacating or abandoning the Premises; (vi) The filing of a petition in a bankruptcy or insolvency, or for reorganization or for the appointment of a receiver or trustee of all or a portion of the property of Tenant, against Tenant in any court, pursuant to any statute either of the United States or of any state, or if Tenant voluntarily files any such petition or makes an assignment for the benefit of creditors or petition for or enter into an arrangement, or if this Lease is taken under writ of execution; (vii) Failure to maintain insurance as required by this Lease; (viii) Tenant’s sale of any items or operation in any manner that violates the Shopping Center Restrictions; (ix) The dissolution of Tenant (if Tenant is not a natural person); (x) The Guaranty, if any, ceases to be in full force and effect for any reason; or if Guarantor (A) ceases to be actively involved in Tenant’s business, (B) makes a general assignment for the benefit of creditors, (C) files a voluntary petition in bankruptcy, (D) becomes insolvent, (E) files any petition or answer seeking for itself any reorganization, arrangement, composition, readjustment of debt, liquidation or dissolution or similar relief under any present or future statute, law or regulation of any jurisdiction, (F) dissolves or (G) becomes inactive; 539 -17- (xi) Breach or failure of Tenant to strictly comply with any of the terms and provisions of Articles 31, 32, 33, 42, or 51; (xii) Any occurrence that is deemed an immediate Event of Default elsewhere in this Lease; and (xiii) Tenant’s failure to perform any covenant, condition or obligation under this Lease (other than those set forth in this Article 20(A)(i) through (xi) above) within ten (10) days after Notice and/or demand by Landlord, unless the failure is of such a character as to require more than ten (10) days to cure, in which event it will be an Event of Default upon (a) Tenant’s failure to commence and proceed diligently to cure such nonperformance within such ten (10) day period, or (b) Tenant’s failure to cure such nonperformance within thirty (30) days after Landlord’s Notice to Tenant of such nonperformance; provided, however, no such Notice will be required hereunder if Tenant has received a similar Notice with respect to the same nonperformance within three hundred sixty-five (365) days prior to such nonperformance. (B) Remedies. In the event Tenant commits an Event of Default under this Lease, Landlord will be entitled to all damages incurred as a result thereof (including, but not limited to, recovering possession of the Premises) and, at its option may either: (i) terminate this Lease by giving Notice of such termination to Tenant, in which event Tenant will immediately surrender the Premises to Landlord, and any other notice to quit or notice of Landlord’s intention to re-enter the Premises is hereby expressly waived by Tenant, and in such event all obligations of Landlord under this Lease will cease, without prejudice, however, to the right of Landlord to recover from Tenant all Rent accrued up to the time of termination or recovery of possession by Landlord, whichever is later, and any and all other monetary damages, and loss of or deficiency in Rent sustained by Landlord; or (ii) with or without terminating this Lease, re-enter and take possession of the Premises and remove Tenant, Tenant's agents, any subtenants, any licensees, any concessionaires and any invitees, along with any of its or their property therefrom and, if Landlord so elects, make such alterations and repairs as may be necessary to relet the Premises, place “for lease” signs within the Premises and relet the Premises or any part thereof, as the agent of Tenant, at such rent and for such term and subject to such terms and conditions as Landlord may deem advisable and receive the rent therefor. Upon each such reletting all rent received by Landlord from such reletting will be applied, first, to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord; second, to the payment of any loss and expenses of such reletting, including brokerage fees and attorneys’ fees and costs of such alterations and repairs; third, to the payment of Rent and other charges due and unpaid hereunder, and the residue, if any, will be held by Landlord and applied in payment of future Rent as the same may become due and payable hereunder, and Tenant agrees to pay to Landlord on demand any deficiency that may arise by reason of such reletting. Notwithstanding any such reletting without termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breach. (C) Pursuit of any of the remedies herein provided will not preclude pursuit of any of the other remedies provided under this Lease or any other remedies provided at law or in equity, nor will pursuit of any remedy herein provided constitute a forfeiture or waiver of any Rent due to Landlord hereunder or of any damages accruing to Landlord by reason of the violation of any of the covenants and provisions herein contained. Forbearance by Landlord to enforce one or more of the remedies herein provided upon an Event of Default will not be deemed or construed to constitute a waiver of such Event of Default. No delay or omission by Landlord to exercise any right or power accruing upon any noncompliance or default by Tenant with respect to any of the terms hereof, will impair any such right or power or be construed to be a waiver thereof, and every such right or power may be exercised by Landlord at any time during the continuation of this Lease. It is further agreed that a waiver by Landlord of any of the covenants and agreements hereof to be performed by Tenant will not be construed to be a waiver of any subsequent breach thereof or of any other covenants or agreements herein contained. (D) Re-entry and removal may be effectuated by summary dispossession proceedings, by any suitable action or proceedings at law, by force, or otherwise, and Landlord will not be liable for prosecution or any claim of damages therefor. Landlord will be entitled to the benefits of all provisions of law respecting the speedy recovery of lands and tenements held over by Tenant or proceedings in forcible entry and detainer, Tenant hereby expressly waiving any statutory notice to quit. Landlord will not be liable in any way in connection with any action it takes pursuant to this Article. Tenant's liability under the terms of this Lease will survive Landlord's re-entry, the institution of summary proceeding, and the issuance of any warrants with respect thereto. (E) If Landlord at any time terminates this Lease for any Event of Default, in addition to any other remedies Landlord may have, Landlord may recover from Tenant all damages Landlord may incur by reason of such breach, including the cost of recovering the Premises, and the amount of Rent reserved in this Lease for the remainder of the Term, all of which amounts will be immediately due and payable from Tenant to Landlord, such Rent to include Minimum Rent, Additional Rent and Percentage Rent, diminished by any net sums thereafter received by Landlord through reletting the Premises during such period (after deducting expenses incurred by Landlord for such reletting, including but not limited to broker commissions and renovations and alterations to the Premises), and that portion of any leasing commission Landlord paid to the Broker applicable to the unexpired Term. Actions to collect amounts due from Tenant as provided in this Article may be brought from time to time by Landlord during the aforesaid period, on one or more occasions, without the necessity of Landlord waiting until the expiration of such period and in no event will Tenant be entitled to any excess of Rent (or Rent plus other sums) obtained by reletting over and above the Rent payable hereunder. In determining the Percentage Rent which would be payable by Tenant hereunder, subsequent to an Event of Default, the annual Percentage Rent for each year of the unexpired Term will be deemed to be the greater of (i) the Percentage Rent paid by Tenant during the immediately preceding twelve (12) month period or (ii) the average annual Percentage Rent paid by Tenant for the immediately preceding two (2) Lease Years. 540 -18- (F) At any time that Tenant has either failed to pay Rent or other charges within five (5) days after the same is due or Tenant has delivered checks to Landlord for payments pursuant to this Lease which have on at least three (3) occasions during the Term (whether consecutive or not or whether involving the same check or different checks) been returned by Landlord’s bank for any reason, Landlord will not be obligated to accept any payment from Tenant unless such payment is made by cashier’s check or in bank certified funds. ARTICLE 21 - WAIVER OF TRIAL BY JURY TO THE EXTENT PERMITTED BY LAW, IN ANY LITIGATION (WHETHER OR NOT ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS LEASE) IN WHICH LANDLORD AND TENANT ARE ADVERSE PARTIES, LANDLORD AND TENANT HEREBY KNOWINGLY, VOLUNTARILY, INTENTIONALLY AND MUTUALLY WAIVE THEIR RESPECTIVE RIGHT TO TRIAL BY JURY. ARTICLE 22 - LIEN OF LANDLORD FOR RENT, TAXES AND OTHER SUMS Landlord will have, and Tenant hereby grants to Landlord, a security interest in any furnishings, equipment, fixtures, inventory, accounts receivable or other personal property of any kind belonging to Tenant, or the equity of Tenant therein, which may be placed on or in the Premises and also upon all proceeds of any insurance which may accrue to Tenant by reason of destruction or damage to any such property for the purpose of securing the payment and performance obligations, including payment of Rent, by Tenant hereunder. Upon default or breach of any covenants of this Lease by Tenant, Landlord will have all remedies available under the Uniform Commercial Code enacted in the state where the Premises are located including, but not limited to, the right to take possession of the above-mentioned property and dispose of it by sale in a commercially reasonable manner. Tenant acknowledges and agrees that Landlord may file a financing statement to perfect its security interest for the purpose of serving notice to third parties of the security interest herein granted. The security interest granted to Landlord herein is given in addition to any applicable statutory lien and will be cumulative thereto. ARTICLE 23 – TENANT’S REPAIRS Tenant agrees to keep the interior and non-structural exterior portions of the Premises, including, but not limited to exclusive loading and trash areas (if any), all windows, doors, window and door hardware, storefronts, glass, plate glass, electrical, plumbing, floors and any floor coverings, interior walls and ceiling, in good condition and repair and in accordance with all applicable Laws, and agrees to replace damaged items, and make all necessary repairs, except repairs which are the express responsibility of Landlord hereunder, and excepting reasonable wear and tear. Notwithstanding any provision of this Lease to the contrary, the repair and replacement responsibilities of Tenant include any and all maintenance, repairs and replacements to heating, ventilating and air conditioning equipment, including heating and air conditioning units, duct work, fans, motors, registers and grilles (“HVAC”), and other systems (including mechanical, electrical and plumbing systems, including free flow to the main sewer line) exclusively serving the Premises. Tenant must procure and maintain an HVAC maintenance contract with a reputable contractor, providing for the maintenance and repair of the HVAC according to manufacturer’s specifications and including the replacement of filters at a minimum of four (4) times per year. The HVAC maintenance contract must stipulate at least quarterly maintenance service and must be with a licensed and insured contractor acceptable to Landlord, or if Landlord so elects, with a contractor designated by Landlord. Upon the request of Landlord, Tenant will furnish Landlord a copy of the HVAC maintenance contract, certified by Tenant to be in full force and effect. If after Landlord’s request, Tenant fails to furnish Landlord a certified copy of the requested HVAC maintenance contract, Landlord will have the right, but not the obligation, to enter into an HVAC maintenance contract for Tenant and Tenant must pay Landlord the actual cost of said contract, as Additional Rent due hereunder. Tenant will install and maintain such fire extinguishers and other fire protection devices as may be required by any agency having jurisdiction over, or by the underwriters issuing insurance for, the Shopping Center. Tenant agrees to have routine inspections of fire protection devices performed by contractors acceptable to Landlord. If any governmental authority with jurisdiction over the Shopping Center requires the installation, modification, or alteration of the sprinkler system, or other equipment, by reason of Tenant’s business, or the location of any partitions, trade fixtures, or other contents of the Premises, then Tenant will promptly install such sprinkler system or changes therein at Tenant’s sole cost. Upon request of Landlord, Tenant must furnish to Landlord copies of documentation and work orders to confirm Tenant’s compliance with the foregoing requirements and the condition of all of the systems serving the Premises. If Tenant refuses or neglects to repair or replace as required hereunder and to the reasonable satisfaction of Landlord within ten (10) days after Notice from Landlord, or thereafter fails to pursue the same to completion in good faith and with due diligence, Landlord may, but will not be required to, make such repairs or replacements without liability to Tenant for any loss or damage that may accrue to Tenant's merchandise, fixtures, or other property or to Tenant’s business by reason thereof, and upon completion thereof, Tenant will pay Landlord’s costs for making such repairs or replacements, plus twenty percent (20%) for overhead, within ten (10) days of presentation of a bill therefor, as Additional Rent. Such bill will include Interest on the cost from the date of completion of repairs or replacements by Landlord. ARTICLE 24 – LANDLORD’S REPAIRS Within a reasonable period after receipt of Notice from Tenant and, subject to reimbursement pursuant to Article 15, except for those items specifically mentioned in Articles 23 and 27, Landlord will repair and maintain the exterior of the Premises other than the non-structural portions of Tenant’s storefront, including the roof (excluding any skylights, Tenant rooftop HVAC or roof penetrations made by Tenant, any of which will only be permitted with Landlord’s prior written consent), gutter, downspouts, masonry walls, foundation and structural members, in good condition and repair. Subject to reimbursement pursuant to Article 15, Landlord will repair any portion of the Common Areas at any time when Landlord determines it necessary. Landlord will not be called upon to make any other improvements, repairs or replacements of any kind upon the Premises and appurtenances, except as may be required under this Lease in the case of Casualty (to the extent covered by Landlord’s property insurance) or Condemnation, and nothing contained herein will limit Landlord’s right to reimbursement from Tenant for costs incurred by Landlord in connection with this Article. Subject to the waiver of subrogation provisions contained in Article 19 above, if any repair obligated to be performed by a party (“Obligated Party”) under this Lease was caused by the negligence of the other, its agents, employees or, contractors (“Negligent Party”), the Obligated Party will make such repair but the Negligent Party will reimburse the Obligated Party for the cost of such repair to the extent that the same exceeds any insurance proceeds (plus the deductible) recoverable by the Obligated Party. Such payment will be made within thirty (30) days after the Negligent Party receives a request therefrom from the Obligated Party, which request will include confirmation of 541 -19- insurance proceeds received by the Obligated Party, or if no insurance proceeds were received, the denial of the claim by the insurance company (so long as any such denial is not due to the action or inaction of the Obligated Party), and if a party is self-insured, evidence that the peril is not covered in a special form-causes of loss policy. In the case of a repair made by Landlord in accordance with this paragraph, Tenant will also be required to pay twenty percent (20%) of such cost for overhead, within ten (10) days of presentation of a bill therefor, as Additional Rent. The bill for the same will include Interest on the cost from the date of completion of repairs by Landlord. ARTICLE 25 - UTILITIES Tenant must pay when due and, as and if applicable, reimburse Landlord for any and all charges for telephone, electricity, water, sewer and other utilities or services (including meter and sub-meter fees, impact fees and tap fees associated with Tenant’s occupancy) used by Tenant in or on the Premises (together with service fees charged by outside third parties for reading Tenant’s submeter(s), if applicable and any applicable sales tax), and Landlord agrees to provide Tenant with access to such utilities.. Commencing on the Delivery Date, Tenant will pay for all such utilities during the Term, which obligation will continue if Tenant fails to vacate and surrender possession of the Premises by the end of the Term. Notwithstanding anything contained herein to the contrary, the use of natural gas at the Premises is prohibited, except in connection with the cooking of food, to the extent the same is applicable to Tenant’s Permitted Use. If a utility service is provided to the Premises through a meter utilized by multiple tenants, then Landlord, at its election, may install submeters and collect from Tenant its proportionate share of the cost of installation and equipment charge. If Landlord does so, Tenant must pay to Landlord, or to a third party provider designated by Landlord, the sub-metered utility charges, together with service fees charged by outside third parties and as Additional Rent, on the first day of each calendar month during the Term, provided that Tenant will not be charged more than the rates it would be charged for the same services if furnished directly to the Premises by such companies or governmental units. Any utility or related service, including a privately owned sewerage disposal system, which Landlord elects to provide or cause to be provided to the Premises, may be furnished by any agent employed by Landlord or by an independent contractor selected by Landlord, and Tenant will accept the same therefrom to the exclusion of all other suppliers, so long as the rates charged by Landlord or by the supplier of such utility or related service are competitive within the metropolitan area in which the Shopping Center is located. Interruption or impairment of any such utility or related services caused by or necessitated by repairs or improvements, the failure or the quality or quantity of the supply of utilities to the Premises, or for any reason, will not give rise to a right or cause of action by Tenant against Landlord. Landlord may at any time alter any utility and related equipment serving the Shopping Center, provided such alteration does not materially interrupt service to the Premises and does not materially adversely interfere with Tenant’s business operations within the Premises. To the extent readily available to Tenant, Tenant shall submit to Landlord such data with respect to Tenant’s consumption of electricity, gas, water and other utilities in the Premises, Tenant’s generation of waste at the Premises and diversion of waste from landfill, in such format as Landlord may reasonably request (or execute an authorization form reasonably required by Landlord that provides Landlord with the authorization necessary to access such information on its own), within ten (10) business days after Landlord’s request therefor (“Tenant’s Utility Consumption Report”). Tenant must submit Tenant’s Utility Consumption Report via the method designated by Landlord from time to time (which may include, but not be limited to, a designated email address or via the RPP). ARTICLE 26 - RIGHT OF ACCESS During any reasonable time after the Delivery Date, Landlord or its authorized representatives may enter upon the Premises, or any portion thereof, and any appurtenances thereto (with persons and materials, if required), upon reasonable prior Notice to Tenant for any of the following purposes: (A) inspecting the Premises; (B) making any repairs, replacements, or alterations which Landlord may be required or permitted to make or perform under this Lease, or which Landlord may deem desirable for the Premises or the building in which the Premises is located; and (C) showing the Premises to prospective purchasers, lenders or tenants. In exercising such right of entry, Landlord will use reasonable efforts not to materially disrupt Tenant’s business in the Premises. Notwithstanding anything herein to the contrary, Landlord may enter the Premises (without Notice) when, in Landlord’s sole discretion, an emergency situation exists and entrance is necessary in Landlord’s judgment to control or coordinate the control of the emergency. Landlord will have the right to place a “for lease” or “for rent” sign at the Premises at any time within the period of one hundred twenty (120) days prior to the expiration of the Term unless Tenant executed a new lease for the Premises or exercises any renewal or extension option granted herein. ARTICLE 27 - SIGNS Prior to the Commencement Date, Tenant must install, at its expense, its exterior signage pursuant to this Article. If Tenant does not comply with the foregoing requirement, Tenant must pay Landlord One Hundred and No/100 Dollars ($100.00) per day as Additional Rent until such sign is installed. “Signs” shall include all of Tenant’s signs, designs, monuments, logos, banners, projected images, pennants, decals, advertisements, pictures, notices, lettering, numerals, graphics or decorations. Tenant will not maintain or display any Signs on the exterior of the Premises, the interior of the Premises (to the extent visible from the exterior of the Premises), or either side of any window without complying with this Article and the Signage & Display Criteria (as set forth in Exhibit “D”) and without obtaining Landlord’s prior written consent. Tenant hereby acknowledges that its signage is subject to Landlord’s approval in accordance with Landlord’s Signage & Display Criteria, and Tenant further acknowledges receipt of a copy of same prior to execution 542 -20- of this Lease. Landlord, in its sole discretion, may modify the Signage & Display Criteria from time to time, in which event Tenant will promptly, at its own expense, bring its Signs into conformity with Landlord’s new Signage & Display Criteria. All of Tenant’s Signs must be installed by a professional sign company and conform to all Laws. Landlord’s approval of Tenant’s Signs is not a representation or warranty that the Signs comply with Laws. The care and maintenance of such Signs will be the responsibility of Tenant. Upon demand of Landlord, Tenant will, at its sole cost and expense, immediately remove any Signs that Tenant has placed or permitted to be placed that do not conform to this Article and Tenant must repair and restore any damage caused by their installation or removal. Further, Landlord will have the right to temporarily remove any Signs in connection with any repairs or renovations in or upon the Premises or the Shopping Center wherein such Signs are situated. Upon termination or expiration of the Term, Tenant must remove its exterior façade Sign(s) and repair any damage caused by the removal thereof, including, but not limited to, the patching of holes or penetrations, and the painting of any patched areas with paint that matches the color of the Shopping Center façade at the time such repairs are made. ARTICLE 28 - FORCE MAJEURE If either Landlord or Tenant fails to timely perform any of its obligations under this Lease (excluding Tenant's financial obligations, such as payment of Rent) as a result of Force Majeure (as defined below), such party will not be liable for loss or damage for such failure and the other party will not be released from any of its obligations under this Lease. If either Landlord or Tenant is delayed or prevented from performing any of its non-monetary obligations under this Lease as a result of Force Majeure, the period of such delay or prevention will be added to the time herein provided for the performance of any such obligation, provided, however, no such delay will operate to delay or extend the Term. “Force Majeure” means any period of delay which arises from or through Acts of God; strikes, lockouts, or labor difficulty; explosion, sabotage, accident, riot, or civil commotion; acts of war; Casualty; and delays solely caused by the other party, but excludes inadequacy of insurance proceeds, litigation or other disputes, financial inability, lack of suitable financing, delays of the delayed party’s contractor and failure to obtain approvals or permits unless otherwise caused by an event of Force Majeure. Strikes, walkouts or other labor troubles by Tenant, its agents, employees, representatives or contractors do not constitute an event of Force Majeure. It will be a condition of Tenant’s right to claim an extension of time as a result of Force Majeure that Tenant delivers Notice to Landlord within ten (10) days after the first occurrence of any such event, specifying the nature thereof and the period of time contemplated or necessary for performance of the applicable obligation that is delayed due to Force Majeure. ARTICLE 29 - QUIET ENJOYMENT Tenant, upon paying all sums due from Tenant to Landlord and performing and observing all of the terms, covenants and conditions of this Lease on Tenant’s part to be performed and observed, will peaceably and quietly have, hold and enjoy the Premises during the Term without interference from Landlord, subject nevertheless to the terms of this Lease and to any mortgages, ground or underlying leases, agreements and encumbrances to which this Lease is or may be subordinated. ARTICLE 30 - CONDEMNATION If more than twenty-five percent (25%) of the Floor Area of the Premises is taken in any proceeding by public authorities by condemnation, or permanently acquired for public or quasi-public purposes (collectively, “Condemnation”), each of Tenant and Landlord will have the option to terminate this Lease within thirty (30) days after the effective date of the Condemnation, in which case any prepaid Rent will be refunded to Tenant. If less than twenty-five percent (25%) of the Floor Area of the Premises is taken in Condemnation, and the remaining part of the Premises will be reasonably usable by Tenant, or in the event more than twenty-five percent (25%) of the Floor Area of the Premises is so taken and this Lease is not terminated in accordance with this Article, then the Minimum Rent, Additional Rent and the Breakpoint will be reduced in the same proportion that the amount of Floor Area in the Premises is reduced by the Condemnation. In addition, if there is a Condemnation of any portion of the Shopping Center so as to render, in Landlord’s judgment, the remainder unsuitable for the use as a shopping center, Landlord will have the right to terminate this Lease upon not less than thirty (30) days’ Notice to Tenant. All compensation awarded for any Condemnation, whether for the whole or a part of the Premises or the Shopping Center, will be the property of Landlord, whether such award is compensation for damages to Landlord’s or Tenant’s interest in the Premises, and Tenant hereby assigns all of its interest in any such award to Landlord; provided, however, Landlord will have no interest in any award made to Tenant for loss of business, for moving expenses, or for the taking of Tenant’s fixtures and personal property within the Premises, if a separate award for such items is made to Tenant and does not otherwise reduce Landlord’s award related to the Condemnation. In the event applicable Law permits only one claim with respect to a Condemnation, then Landlord and Tenant will file a joint claim to prosecute their respective claims. ARTICLE 31 - ASSIGNMENT AND SUBLETTING All assignments of this Lease or subleases of the Premises by Tenant (sometimes collectively referred to herein as a “Transfer”, and the person to whom Tenant’s interest is transferred is referred to as the “Transferee”) will be subject to and in accordance with all of the provisions of this Lease, including this Article. So long as Tenant is not in default under any of the provisions of this Lease and fulfills all of the terms and conditions of this Article, then: Tenant may assign this Lease without the consent of Landlord to (a) SO FRESH FRANCHISING, LLC (“Franchisor”), or (b) an Affiliate of Tenant (for such period of time as such person or entity remains an Affiliate, it being agreed that any subsequent transaction having the overall effect that such person or entity ceases to be an Affiliate will be treated as if such transaction was, for all purposes, an assignment of this Lease governed by the provisions of this Article), and if such assignee ceases to be an Affiliate without Landlord’s prior written consent, such event will constitute an immediate Event of Default under this Lease. The term “Affiliate” means a person or entity that: (1) Controls, (2) is under the Control of, or (3) is under common Control with, Tenant. The term “Control” means direct ownership of fifty percent (50%) or more of the outstanding voting stock of a corporation, or other majority equity interest if not a corporation, and the possession of power to direct or cause the direction of the management and policy of such corporation or other entity, whether through ownership of voting securities, partnership or membership interests, by statute, by contract, or otherwise. Tenant may assign this Lease or sublease all or any part of the Premises to a party other than an Affiliate only after first obtaining the 543 -21- prior written consent of Landlord, which consent will be in Landlord’s sole and absolute discretion and may be arbitrarily withheld. Landlord’s consent shall not be unreasonably withheld with respect to a proposed assignment of this Lease to a bonafide franchisee of Franchisor. Among other factors, it will be reasonable for Landlord to consider the tangible net worth and creditworthiness, and relevant experience, of the franchisee. Also see Exhibit H for assignment provisions related to Franchisor. Without the prior written consent of Landlord in each instance, which consent may be given or withheld in Landlord’s sole and absolute discretion, Tenant (including any permitted Transferee) will not voluntarily or involuntarily, by operation of law or otherwise: (i) assign, mortgage, pledge, encumber, license, hypothecate or assign all or any of its interest in this Lease; or (ii) sublet or permit the Premises, or any part thereof, to be used by others including, but not limited to licensees or concessionaires. A sale, transfer, assignment, conveyance, endorsement or other disposition of (a) a general partnership’s controlling interest, if Tenant is (a) partnership, or (b) a managing member’s or controlling interest in a limited liability company, if Tenant is a limited liability company, or (c) fifty percent (50%) or more of the capital stock of Tenant, if Tenant is a corporation, or (d) Tenant’s interest in capital, profits, or losses of Tenant, (if Tenant is a partnership, limited liability company or limited partnership, will be deemed to be an assignment of this Lease within the meaning of this Article, unless such sale or transfer is made by (i) a publicly owned corporation, (ii) involves the sale or issuance of securities registered under the Securities Act of 1934, as amended, (iii) is made entirely amongst the existing stockholders or interest holders of Tenant or any Guarantor and their respective spouses, children, and grandchildren, or (iv) results from the death of a stockholder or interest holder of Tenant. All Transfers by Tenant will be subject to and in accordance with all of the provisions of this Lease, including this Article. It will be a condition of the validity of any Transfer, including a Transfer not requiring Landlord’s consent, that the Transferee agree in writing in a form approved by Landlord to be bound by all of the obligations of Tenant under this Lease. Except as set forth in the second paragraph of this Article, any Transfer by Tenant without Landlord’s prior written consent will not be binding upon Landlord, will not confer any rights upon any third party, and, at Landlord’s election, will constitute an Event of Default of Tenant hereunder without a Notice or grace period of any kind. Consent by Landlord to one or more Transfers will not operate as a waiver of Landlord’s rights with respect to any subsequent Transfer. Acceptance by Landlord of Rent following any Transfer will not be deemed to be (i) a consent by Landlord to any such Transfer, (ii) an acceptance of the Transferee as a tenant, (iii) a release of Tenant from the performance of any covenants herein, or (iv) a waiver by Landlord of any remedy of Landlord under this Lease, although amounts received will be credited by Landlord against Tenant’s Rent obligations. No reference in this Lease to assignees, concessionaires, subtenants or licensees will be deemed to be a consent by Landlord to the occupancy of the Premises by any such assignee, concessionaire, subtenant or licensee. Tenant will remain fully and primarily liable and obligated under this Lease for the entire Term and any extensions thereof in the event of any Transfer, including a Transfer not requiring Landlord’s consent, and if any Transferee commits an Event of Default, Landlord will be free to pursue Tenant and any Transferee, or both, individually or collectively, without Notice or demand to Tenant or any Transferee. In the event that Tenant receives a bona fide written offer from a third party for a Transfer, Tenant will notify Landlord in writing, attaching a copy of said offer, of Tenant's desire to Transfer this Lease upon the terms of said offer. Landlord will then have thirty (30) days to accept or reject the proposed Transfer, or at Landlord’s sole option (and in lieu of granting or denying consent), cancel and terminate this Lease, in which case Landlord may elect to (but will not be obligated to) enter into a direct lease with the proposed Transferee. Tenant must furnish Landlord with such information regarding the prospective Transferee as Landlord may require, including without limitation information regarding financial ability and business experience relating to the Permitted Use. The failure of Landlord to either accept or reject the proposed Transfer within the said thirty (30) day period will be deemed a rejection of the Transfer. If a sublease occurs in accordance with this Article for rentals in excess of the Rent payable under this Lease, including Percentage Rent (if applicable), Tenant must pay to Landlord, as Additional Rent hereunder, all such excess rental after deducting Tenant’s reasonable, out-of-pocket third party costs incurred in conjunction with the Transfer, with such costs including: (i) the cost to advertise the Premises for assignment or sublease; (ii) brokerage commissions and attorney’s fees paid by Tenant; and (iii) such other reasonable, documented, customary, out-of-pocket costs incurred by Tenant relating to the Transfer. As a condition to Landlord’s processing of any request by Tenant for approval of a proposed Transfer, any such request must be accompanied by a check made payable to Landlord in the amount of Two Thousand and No/100 Dollars ($2,000.00), which will be non-refundable when paid regardless of whether Landlord grants consent or Tenant’s proposed Transfer becomes effective. The term “Landlord” as used in this Lease means only the owner or entity from time to time owning the building containing the Premises, so that in the event of any transfer thereof, the owner or entity who is a grantor in any such transfer will be and hereby is, without further agreement, entirely freed and relieved of all the obligations of Landlord hereunder. Any such transfer of the Premises, unless pursuant to a foreclosure sale or deed in lieu of foreclosure, will be subject to this Lease and it will be deemed and construed without further agreement that the purchaser at any such sale has assumed and agreed to carry out any and all obligations of Landlord under this Lease, so long as such purchaser is the owner of the building containing the Premises. Landlord may transfer the Security Deposit to a transferee of Landlord’s interest in the Premises or the Shopping Center, whereupon Landlord will be released from any further liability with respect to the Security Deposit. ARTICLE 32 - SUBORDINATION AND ATTORNMENT Tenant agrees that this Lease will at all times automatically be subject and subordinate to any ground or underlying lease and the lien of any mortgages (which term will include all security instruments) that are now existing or that may be placed on the Shopping Center or any portion thereof containing the Premises, and to any and all advances to be made thereunder, and to the interest thereon and all renewals, modifications, replacements and extensions thereof, without the need for any further instrument or for the mortgagee 544 -22- or trustee named in said mortgages or deeds of trust to make any election; except that any mortgagee or trustee may elect to give the rights and interest of Tenant under this Lease priority over the lien of its mortgage or deed of trust by notice delivered to Tenant. In the event of such an election, and upon notification by such mortgagee or trustee to Tenant to that effect, the rights and interest of Tenant under this Lease will be automatically deemed to have priority over the lien of said mortgage or deed of trust, without the need for any further instrument, whether this Lease is dated prior to or subsequent to the date of said mortgage or deed of trust. This clause is self- operative and no further instrument of subordination will be required to effectuate such subordination. Notwithstanding the foregoing, Tenant agrees within ten (10) business days of a request by Landlord, to execute and deliver any instrument as may be reasonably required to confirm such subordination. If Tenant fails to timely execute and deliver to Landlord any such instrument, Tenant must pay as liquidated damages Two Hundred Dollars ($200.00) per day as Additional Rent until Tenant delivers the same to Landlord, and, Landlord may execute and deliver the same as the attorney-in-fact of Tenant, and Tenant hereby irrevocably appoints Landlord, its successors and assigns, as its true and lawful attorney-in-fact for this purpose. At the option of the holder of any mortgage affecting the Premises, Tenant agrees that no foreclosure of a mortgage affecting the Premises, nor the institution of any suit, action, summary or other proceeding against Landlord herein, or any successor landlord, or any foreclosure proceeding brought by the holder of any such mortgage to recover possession of such property, will by operation of law or otherwise result in cancellation or termination of this Lease or the obligations of Tenant hereunder, and upon the request of the holder of any such mortgage, Tenant covenants and agrees to execute and deliver within ten (10) business days after Landlord’s request, an instrument in writing satisfactory to such party or parties or to the purchaser of the mortgaged premises in foreclosure whereby Tenant attorns to such successor in interest. With reference to any assignment by Landlord of Landlord's interest in this Lease, or the rents payable hereunder, conditional in nature or otherwise, which assignment is made to the holder of any mortgage on the Premises, Tenant agrees: (A) that the execution thereof by Landlord, and the acceptance thereof by such holder, will never be deemed to be an assumption by such holder of any of the obligations of Landlord hereunder, unless such holder specifically otherwise elects by written notice to Tenant; and (B) that, except as aforesaid, such holder will be treated as having assumed Landlord's obligations hereunder only upon foreclosure of such holder's mortgage and the taking of possession of the Premises by such holder. After receiving written notice from any person, firm, or other entity, that it holds a mortgage (which term will include a deed of trust) which includes as part of the mortgaged premises the Premises, Tenant will, so long as such mortgage is outstanding, be required to give to such holder the same notice as is required to be given to Landlord under the terms of this Lease, but such notice may be given by Tenant to Landlord and such holder concurrently. It is further agreed that such holder will have the same opportunity to cure any default, and the same time within which to effect such curing, as is available to Landlord plus an additional sixty (60) days and such further time as will be required to gain control over the Shopping Center in order to effect such cure; and if necessary to cure such a default, such holder will have access to the Premises. ARTICLE 33 – TENANT’S ESTOPPEL CERTIFICATE Within ten (10) business days after each request by Landlord, Tenant must deliver an estoppel certificate to Landlord (“Estoppel Certificate”). The Estoppel Certificate will be in writing and executed on behalf of Tenant by persons having appropriate authority. Each Estoppel Certificate will be made in favor of Landlord, any mortgagee, any assignee, any purchaser, any ground lessor, or any other person specified by Landlord and contain information required by Landlord, and satisfactory to any mortgagee, ground lessor, assignee, purchaser or other person specified by Landlord including, but not limited to the following: (A) ratifying this Lease; (B) specifying the Commencement Date and expiration date of the Term; (C) confirming that this Lease is in full force and effect and has not been assigned, modified, supplemented or amended (except by such writings as is so stated); (D) confirming that all conditions and obligations under this Lease to be performed by Landlord have been satisfied or stating those not performed; (E) confirming that there are no defenses or offsets against the enforcement of this Lease by Tenant or specifying any such defenses or offsets; (F) the amount of current Rent payable and the date to which all Rent has been paid; (G) any contractual Rent modifications beyond the date of estoppel; (H) the approximate number of square feet of Floor Area in the Premises; (I) that no Rent has been paid in advance or specifying any such advance Rent; and (J) the amount of the Security Deposit held by Landlord. If Tenant fails to timely execute, acknowledge and deliver to Landlord or any mortgagee, ground lessor, assignee, purchaser or other person specified by Landlord a statement in accordance with the foregoing provision of this Article, Tenant will pay as liquidated damages Two Hundred Dollars ($200.00) per day as Additional Rent until Tenant delivers the same to Landlord, and any such failure will constitute an acknowledgment by Tenant that this Lease is unmodified and in full force and effect and that all conditions and obligations under this Lease to be performed by Landlord have been satisfied, and that there are no defenses or offsets against the enforcement of this Lease by Tenant. 545 -23- ARTICLE 34 – EXCULPATION Notwithstanding anything in this Lease to the contrary, it is specifically understood and agreed that there will be no personal liability for any deficiency or otherwise on the part of Landlord, its agents, representatives, employees, or any of its constituent members, partners or shareholders, or their respective legal representatives, heirs, successors and assigns as the case may be, with respect to this Lease or otherwise, and that Tenant will look solely to the estate, property and equity of Landlord (or such successor in interest) in the Shopping Center, subject to the prior rights of any ground lessors or mortgagees, for the satisfaction of each and every remedy of Tenant in the event of any breach of this Lease by Landlord, or in the event of any other claim which Tenant may allege against Landlord, its agents, representatives, employees, constituent members, partners or shareholders, or their respective legal representatives, heirs, successors and assigns, which exculpation of personal liability will be absolute and without exception. Landlord will have the right to sell, convey, transfer or assign all or part of its interest in the real property and the buildings of the Shopping Center of which the Premises are a part or its interest in this Lease, including the Security Deposit. In the event of the sale or other transfer of Landlord’s right, title and interest in the Premises or the Shopping Center, Landlord will be released from all liability and obligations hereunder. In no event will Landlord (or any of its officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed) ever be liable to Tenant for any indirect, speculative, punitive or consequential damages or lost profits. ARTICLE 35 - NOTICE Whenever any demand, request, approval, consent or notice (singularly and collectively, “Notice”) must or may be given by one party to the other, such Notice will be in writing and addressed to the parties at their respective addresses as set forth in Article 1 and served by (i) hand, (ii) a nationally recognized overnight express courier, or (iii) registered or certified mail return receipt requested. The date the Notice is received shall be the date of service of Notice. If an addressee refuses to accept delivery or if Notice is undeliverable due to a change of address by a party without having given Notice of such change to the other party, then Notice shall be deemed to have been served on either (i) the date hand delivery is refused, (ii) the next business day after the Notice was sent in the case of attempted delivery by overnight courier, or (iii) five (5) business days after mailing the Notice in the case of registered or certified mail. Either party may, at any time, change its Notice address by giving the other party Notice, in accordance with the above, stating the change and setting forth the new address. As a courtesy, any Notice shall also be provided by email to the email address provided in Article 1 (and as may be updated). Any Notice from an attorney acting or purporting to act on behalf of a party will be deemed to be Notice from such party, provided that such attorney is authorized to act on behalf of such party. ARTICLE 36 - HOLDING OVER If Tenant or anyone claiming under Tenant remains in possession of the Premises after the termination or expiration of this Lease and without the full execution of a new lease, Tenant will be deemed to be occupying the Premises as a tenant at sufferance at a rent equal to 200% of the Rent that Tenant paid for the Lease Year immediately preceding the termination or expiration of this Lease, as liquidated damages and not as a penalty, and all other terms and conditions of this Lease will apply. In no event shall the foregoing be construed as permitting Tenant to holdover. ARTICLE 37 - PARTIAL INVALIDITY If any term or provision of this Lease or the application thereof to any person or circumstances is deemed to be invalid or unenforceable, the remainder of this Lease, or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, will not be affected thereby, and each term and provision of this Lease will be valid and enforceable to the fullest extent permitted by Law. ARTICLE 38 - SIGNATURES REQUIRED The submission of this Lease to each of Landlord and Tenant will be for examination and negotiation purposes only and does not and will not constitute a reservation of, or an obligation of, Tenant to lease, or an offer to Tenant to lease, or otherwise create any interest of Tenant in the Premises unless and until this Lease is fully executed and delivered by both Tenant and Landlord. Specifically, neither party hereto will have any obligation or liability to the other whatsoever at law or in equity (including any claims for detrimental reliance, partial performance, bad faith or promissory estoppel or other similar types of claims) unless and until such time as both parties have executed and delivered this Lease. This Article supersedes all other conflicting verbal understandings or agreements, or language set forth in this Lease. ARTICLE 39 - NO JOINT VENTURE The relationship of the parties is that of Landlord and Tenant only, and nothing in this Lease will be construed as creating a partnership, joint venture, principal and agent or any other relationship. Except as expressly otherwise provided herein, neither party will have any right or power to create any expense or liability chargeable to the other party. ARTICLE 40 - TIME OF ESSENCE Time is of the essence in this Lease, and all provisions herein relating thereto will be strictly construed. ARTICLE 41 - ACCORD AND SATISFACTION No payment by Tenant or receipt by Landlord of a lesser amount than the Rent or other amounts herein stipulated will be deemed to be other than on account of the stipulated Rent and amounts due, nor will any endorsement or statement on any check or any letter accompanying any check or payment thereof be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such amounts or pursue any other remedy provided in this Lease. 546 -24- ARTICLE 42 - RECORDATION Tenant must not record this Lease. Tenant agrees to execute, acknowledge and deliver at any time after the Commencement Date, at the request of Landlord, a short form lease suitable for recording. ARTICLE 43 - CAPTIONS The captions contained herein are for convenience and reference only and will not be deemed as part of this Lease or construed as in any manner limiting or amplifying the terms and provisions of this Lease to which they relate. ARTICLE 44 - RESPONSIBILITY OF TENANT Any restriction or requirement imposed upon Tenant under this Lease will be deemed to extend to the Guarantor (if any) and Tenant’s subtenants, concessionaires and licensees, and it will be Tenant’s obligation to cause the foregoing persons to comply with the restrictions and requirements of this Lease. All obligations of Tenant under this Lease not fully performed as of the expiration or earlier termination of the Term will survive the expiration or earlier termination of the Term. ARTICLE 45 - SURRENDER OF PREMISES On the expiration or earlier termination of this Lease, Tenant must surrender promptly the Premises to Landlord in the same condition as when received, ordinary wear and tear excepted. All alterations, installations, additions and improvements which have been made in or attached to the Premises, including all light fixtures and floor coverings that are cemented, attached, tacked, adhesively fixed, stapled, or in any way installed or fixed to the floor, and all other fixtures (other than Tenant’s Property) which are installed in the Premises, will remain in and be surrendered along with the Premises and will become the property of Landlord at the expiration or sooner termination of this Lease. Tenant must remove its trade fixtures (including Signs), and repair any damage to the Premises, façade and any other portion of the Shopping Center caused thereby. ARTICLE 46 - GOVERNING LAW AND INTERPRETATION This Lease will be governed by the Laws of the State in which the Premises are located. Both parties have read this Lease and had the opportunity to employ legal counsel and negotiate changes to the Lease. The Lease is the joint product of the parties and, in the event of any ambiguity herein, no inference will be drawn against a party by reason of document preparation. The intentional omission of any provision from this Lease will create no implication regarding the subject matter contained in such omitted provision. ARTICLE 47 - BROKERS Landlord and Tenant, respectively, represent and warrant to the other that it has not dealt with any real estate brokers or other persons who may claim a fee or commission in connection with this Lease other than the Broker, if any, listed in Article 1(BB), and each party agrees to indemnify and hold the other harmless against any such claim made by any other broker claiming by, through or under such party. Tenant’s obligations hereunder will survive the expiration or earlier termination of this Lease. ARTICLE 48 - ATTORNEYS’ FEES; LANDLORD’S FEES AND EXPENSES In the event that any legal matter, dispute, action or proceeding exists or is commenced by or between Landlord and Tenant under this Lease, the prevailing party will be reimbursed reasonable attorneys’ fees and court costs in such matter. If either party hereto without fault is made a party to any litigation instituted by or against any other party to this Lease, such other party will indemnify and hold harmless Landlord or Tenant, as the case may be, against all costs and expenses, including reasonable attorneys’ fees and costs incurred in connection therewith. Notwithstanding the foregoing, if Landlord files any legal action for collection of Rent or any eviction proceedings, whether summary or otherwise, for the non-payment of Rent, and Tenant pays such Rent prior to the rendering of any judgment, then Landlord will be entitled to collect, and Tenant shall pay as Additional Rent, all court filing fees and reasonable attorneys’ fees incurred by Landlord. Tenant agrees to pay to Landlord as Additional Rent the amount of all legal fees and expenses incurred by Landlord arising out of any breach by Tenant of its obligations hereunder. Further, if Tenant requests Landlord’s consent or joinder in any instrument pertaining to this Lease, Tenant must promptly reimburse Landlord, as Additional Rent, the actual legal and other costs and fees incurred by Landlord in processing such request, whether or not Landlord complies therewith, in addition to any specific fee provided for in this Lease. ARTICLE 49 - ABANDONMENT OF PERSONAL PROPERTY Should Tenant fail to remove any of Tenant’s Property from the Premises upon expiration or earlier termination of the Lease, or Tenant’s abandonment or Landlord’s recovery of possession of the Premises, then upon such abandonment, expiration, termination or recovery of possession and after ten (10) days’ Notice to Tenant, which Notice will also be conspicuously posted on the Premises, all Tenant’s Property then remaining on the Premises will be deemed abandoned and title thereto will vest exclusively to Landlord, unless Landlord gives Notice to Tenant to remove all or any part of such Tenant’s Property in which event Tenant will promptly, at its own expense, remove same or Landlord may do so at Tenant’s expense and said expense will be treated as Additional Rent hereunder. Tenant hereby waives and agrees to hold Landlord harmless from any claim for loss or damage arising from Landlord’s dealing with Tenant’s Property pursuant to the terms of this Article. ARTICLE 50 - CLARIFICATION OF TERMS The terms “Landlord” and “Tenant” include, whenever the context permits or requires, as singular or plural, the parties hereto, and the heirs, legal representatives, successors and assigns of the respective parties. 547 -25- ARTICLE 51 - ENVIRONMENTAL MATTERS As used herein, “Hazardous Materials” means any substance, chemical, compound, product, solid, gas, liquid, waste, byproduct, pollutant, contaminant, or material which is hazardous or toxic, and includes, without limitation, (a) asbestos (whether or not friable), polychlorinated biphenyls, and petroleum (including crude oil or any fraction thereof) and (b) any material classified or regulated as “hazardous” or “toxic” pursuant to any Environmental Law (as defined below). As used herein, “Environmental Law” means any current or future Laws pertaining to (a) the protection of health, safety, and the indoor or outdoor environment, (b) the conservation, management, or use of natural resources and wildlife, (c) the protection or use of surface water and groundwater, (d) the management, manufacture, possession, presence, use, generation, transportation, treatment, storage, disposal or Release (as defined below) of Hazardous Materials, (e) pollution (including any Release to air, land, surface water, and groundwater), and includes, without limitation, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986, 42 USC 9601 et seq., Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 and Hazardous and Solid Waste Amendments of 1984, 42 USC 6901 et seq., Federal Water Pollution Control Act, as amended by the Clean Water Act of 1977, 33 USC 1251 et seq., Clean Air Act of 1966, as amended, 42 USC 7401 et seq., Toxic Substances Control Act of 1976, 15 USC 2601 et seq., Hazardous Materials Transportation Act, 49 USC App. 1801 et seq., Occupational Safety and Health Act of 1970, as amended, 29 USC 651 et seq., Oil Pollution Act of 1990, 33 USC 2701 et seq. Emergency Planning and Community Right-to-Know Act of 1986, 42 USC 11001 et seq., National Environmental Policy Act of 1969, 42 USC 4321 et seq., Safe Drinking Water Act of 1974, as amended, 42 USC 300(f) et seq., any similar implementing or successor law, any similar state law or regulation, and any amendment, rule, regulation, order, or directive issued thereunder. As used herein, “Release” means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the indoor or outdoor environment, including, without limitation, the abandonment or discarding of barrels, drums, containers, tanks, and other receptacles containing or previously containing any Hazardous Materials. Excluding any Hazardous Materials existing in the Premises or Shopping Center as of the Delivery Date and except for (i) common household and commercial cleaning materials commonly used in retail stores in first class retail developments, and (ii) products which are necessary and customary in the conduct of Tenant’s business in accordance with Tenant’s Permitted Use, all of which must be stored, used and disposed of in accordance with Environmental Law, Tenant will not cause or permit any Hazardous Materials to be used, stored, generated or disposed of on or in the Premises by Tenant, Tenant's agents, employees, contractors or invitees. Without limitation of the foregoing, from and after the Delivery Date, if the Premises becomes contaminated in any manner due to the acts or omissions of Tenant or any of the Tenant Parties, Tenant will promptly notify Landlord and, at Tenant’s sole expense, take any and all necessary actions to return the Premises to the condition existing prior to the presence of any such Hazardous Materials or, at the election of Landlord, reimburse Landlord as Additional Rent for the costs and expenses related to Landlord performing such work within fifteen (15) days of Landlord’s demand for the same. Tenant will not undertake any testing for Hazardous Materials on or in the Premises or take any remedial actions without in each instance obtaining Landlord’s prior written consent. Landlord will have access to the Premises in order to investigate and test with respect to any suspected Release of Hazardous Materials or otherwise as deemed necessary or prudent by Landlord, and to access the Premises as needed for any remedial action deemed necessary by Landlord, or the performance of any work related thereto. Tenant will not intentionally or unintentionally Release or permit the Release of any material into the atmosphere, ground, sewer system or any body of water, if such material (as reasonably determined by Landlord or any governmental authority) does or may pollute or contaminate, or may adversely affect (a) the health, welfare, or safety of persons or property, whether located on the Premises or elsewhere in the Shopping Center, or (b) the condition, use or enjoyment of the Shopping Center or any other personal property located thereon, or any surrounding real property. Tenant will further: (A) maintain the Premises in compliance with any applicable Environmental Law and be responsible for making any notification or report concerning the Premises to a governmental authority if required by any applicable Environmental Law; (B) obtain and maintain in full force and effect all governmental approvals required by any Environmental Law applicable to Tenant’s operations at the Premises; (C) expeditiously cure, to the reasonable satisfaction of Landlord and in accordance with Environmental Law, any violation of applicable Environmental Laws at the Premises, at its own expense, to the extent such violation is attributable to events or conditions which arose on or after the Delivery Date; (D) conduct expeditiously to the reasonable satisfaction of Landlord and in accordance with any applicable Environmental Law any action necessary to remove, remediate, clean up, or abate any Release or threatened Release of a Hazardous Material in or about the Premises at Tenant’s expense, to the extent such response action is attributable to events or conditions which arose on or after the Delivery Date; (E) allow Landlord and its representatives, from time to time at Landlord’s reasonable discretion and expense, to inspect the Premises and conduct environmental assessments (including invasive soil or groundwater sampling); (F) promptly provide or otherwise make available to Landlord any reasonably requested environmental records concerning the Premises which Tenant possesses or can reasonably obtain; and (G) remove from the Premises and Shopping Center, at its expense, by the expiration or earlier termination of this Lease any Hazardous Materials or equipment to manufacture, generate, transport, treat, store, dispose, or handle any Hazardous Material used by Tenant, including, without limitation, any above-ground or underground storage tank. 548 -26- Tenant will indemnify, hold harmless, and hereby waives any claim for contribution against Landlord or Landlord’s property manager, for any damages to the extent they arise from events or conditions which did not exist prior to the Delivery Date and relate to: (i) any Release, threatened Release or disposal of any Hazardous Material at or about the Premises; (ii) the operation or violation of any Environmental Law at or about the Premises; (iii) any environmental claim in connection with the Premises; or (iv) the inaccuracy or breach of any representation or warranty by Tenant in this Article of this Lease. The foregoing indemnification and waiver and Tenant’s obligations under this Article will be binding upon Tenant and the successors and assigns of Tenant, and will inure to the benefit of Landlord, its directors, officers, employees and agents, and their successors and assigns, and survive the expiration or earlier termination of this Lease. The foregoing indemnification will include, but not be limited to, any and all claims, damages, fines, judgments, penalties, costs, liabilities or losses (including, without limitation, a decrease in value of the Premises, damages due to loss or restriction of rentable or usable space, or any damages that adversely impact the marketing of the space, and any and all sums paid for settlement of claims, attorneys’ fees and expenses, reasonable consultant and expert fees) arising during the Term or any renewal of this Lease, and arising in connection with any of the events or conditions set forth in (i) through (iv) above. This indemnification includes, without limitation, any and all costs incurred due to any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision and/or Environmental Law. Tenant’s obligations hereunder will survive the expiration or earlier termination of this Lease. ARTICLE 52 - PERSONAL INTEREST DISCLOSURE Tenant acknowledges that the agent negotiating this Lease on Landlord’s behalf, because of possible personal interest in the Shopping Center, represents only the Landlord. Tenant may wish to seek third-party representation to advocate Tenant’s rights, at Tenant’s sole cost and expense. ARTICLE 53 - RADON GAS The Shopping Center has not been tested for radon gas. Florida Statute 404.056(8) requires that the following statement be part of this Lease: “RADON GAS: Radon is a naturally occurring gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit.” ARTICLE 54 - RULE AGAINST PERPETUITIES Notwithstanding any provision in this Lease to the contrary, if the Term has not commenced within twenty-one (21) calendar years after the Effective Date, this Lease will automatically terminate on the 21st anniversary of the Effective Date. The sole purpose of this provision is to avoid any possible interpretation of this Lease as violating the Rule Against Perpetuities or other rule of law against restraints on alienation. ARTICLE 55 - NO WAIVERS; AMENDMENTS Failure of either Landlord or Tenant to insist upon strict compliance by the other party of any condition or provision of this Lease will not be deemed a waiver by such party of that condition. No waiver will be effective against either party unless in writing and signed by such party. Similarly, this Lease cannot be amended except by a writing signed by Landlord and Tenant. ARTICLE 56 - ENTIRE AGREEMENT This Lease contains all of the agreements between the parties hereto and may not be modified in any manner other than by agreement in writing signed by all the parties hereto or their successors in interest. This Lease may not be changed or terminated orally. There are no other agreements, representations or inducements, whether written or oral, between the parties concerning the subject matter of this Lease. ARTICLE 57 - SUCCESSORS AND ASSIGNS Except as otherwise herein expressly provided, this Lease and all of the covenants, terms, provisions and conditions herein contained will inure to the benefit of and be binding upon the heirs, representatives, successors and assigns of each party hereto, and all covenants herein contained will run with the land and bind any and all successors in title to Landlord. The reference contained herein to successors and assigns of Tenant is not intended to constitute a consent to assignment by Tenant and refers only to those instances in which Landlord may later give consent to a particular assignment as required by the provisions of this Lease. ARTICLE 58 – GUARANTOR This Lease will not be effective unless the person(s) and/or entity(ies) listed in Article 1(Y) hereof execute and deliver to Landlord the Guaranty of Lease attached hereto as Exhibit “F” and made a part hereof. 549 -27- ARTICLE 59 - AUTHORITY If Tenant is not an individual, the individual(s) executing this Lease on behalf of Tenant hereby covenant(s) and warrant(s) that Tenant is duly formed, qualified to do business and in good standing in the state in which the Shopping Center is located, and such individual(s) is/are duly authorized by Tenant to execute and deliver this Lease on behalf of Tenant. If requested by Landlord, Tenant will provide Landlord with corporate resolutions or other proof in a form acceptable to Landlord, authorizing the execution of this Lease at the time of execution. Tenant will remain qualified to do business and in good standing in said state throughout the Term. ARTICLE 60 - CONFIDENTIALITY Tenant and its agents, employees, officers, directors, accountants and attorneys agree to keep the financial terms of this Lease strictly confidential, and will not disclose, directly or indirectly, such terms to any person or entity without first obtaining the prior written consent of Landlord; provided, however, that Landlord’s consent will not be required for any disclosure (i) to Tenant’s officers, directors, employees, lenders, accountants, attorneys or current or potential investors in, or purchasers of Tenant’s business; or (ii) when compelled by applicable Laws or court orders. ARTICLE 61 -Intentionally Deleted. . ARTICLE 62 – RELOCATION Landlord has the absolute right at any time upon not less than one hundred eighty (180) days’ prior Notice (“Relocation Notice”) to relocate Tenant to other premises in the Shopping Center (the “Relocation Premises”), provided that the following terms and conditions are satisfied: (A) Size. The size and configuration of the Relocation Premises will be determined by Landlord in its sole and absolute discretion; (B) Rent and Other Charges. Any Minimum Rent, Additional Rent, or other charges that are based on the Floor Area of the Premises will be increased or decreased, as the case may be, to reflect the increase or decrease of the Floor Area of the Relocation Premises from the Premises. If Tenant is required to temporarily close its store for business to the public to effect such relocation, then Rent will abate during any period of such closure. (C) Location. The Relocation Premises will be located in one of the existing or future buildings in the Shopping Center, in a location to be determined by the Landlord in its sole and absolute discretion; and (D) Condition of Space. In Landlord’s sole discretion, the Relocation Premises will either (i) be delivered to Tenant with leasehold improvements installed that are reasonably equivalent in value, materials and finishing to the leasehold improvements in the Premises, which leasehold improvements will be installed or provided by Landlord at its sole cost and expense, or (ii) be delivered to the Tenant in “as-is” condition with leasehold improvements to be installed by Tenant that are reasonably equivalent in value, materials and finishing to the leasehold improvements in the Premises, the reasonable cost of such leasehold improvements to be paid by Landlord. Tenant’s failure to surrender possession of the Premises and relocate to the Relocation Premises in accordance with the Relocation Notice and the terms and conditions hereof (time being of the essence) will constitute an immediate Event of Default under this Lease entitling Landlord, in addition to any and all remedies available under this Lease or at law or in equity, to re-enter the Premises and remove all persons and property therefrom. Within thirty (30) days after a request from Landlord, Tenant will execute an amendment to this Lease effecting the substitution of the Relocation Premises for the original Premises. ARTICLE 63 – COUNTERPARTS/ACCEPTANCE OF FACSIMILE, SCANNED OR ELECTRONIC SIGNATURES. This Lease may be executed in counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. In addition, the parties agree that this Lease will be considered executed when the signature of a party is delivered by (i) facsimile transmission, (ii) scanned image (e.g., .pdf or .tiff file extension name) as an attachment to electronic mail (email), or (iii) electronic signature technology (e.g., DocuSign). Any such facsimile, scanned or electronic signature must be treated in all respects as having the same effect as an original “wet ink” signature. ARTICLE 64 - MISCELLANEOUS Patriot Act: Tenant represents and warrants as to itself and its shareholders, partners and members that neither Tenant nor any shareholders, partners or members of Tenant is listed in Executive Order 13224-Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit or Support Terrorism, as amended (the “Executive Order 13224”), and Tenant has no present, actual knowledge that any other persons or entities holding any legal or beneficial interest whatsoever in Tenant are included in, owned by, controlled by, knowingly acting for or on behalf of, knowingly providing assistance, support, sponsorship, or services of any kind to, or otherwise knowingly associated with any of the persons or entities referred to or described in Executive Order 13224, or any other banned or blocked person, entity, nation, or transaction pursuant to any law, order, rule or regulation that is enforced or administered by the Office of Foreign Assets Control. Any breach by Tenant of the foregoing representations and warranties will be an immediate Event of Default by Tenant and will be covered by the indemnity provisions of Article 17 of this Lease. Financial Statements: Within ninety (90) days after the end of each calendar year or within ten (10) days of receipt of Landlord’s request, Tenant will forward to Landlord a standard financial statement for the most recently completed fiscal year of Tenant prepared by Tenant or Tenant’s bookkeeping service provider. 550 -28- Landlord Approval or Consent: Except as otherwise expressly set forth in this Lease, any discretionary action or decision or approval or consent requested or required of Landlord under this Lease may be made, granted or denied by Landlord in its sole, absolute and unfettered discretion. Tenant hereby expressly acknowledges and agrees that Landlord will not be held liable to Tenant, any person claiming under Tenant or any third party as a result of Landlord’s approval or failure to approve or consent to any discretionary action or decision requested or required by Landlord under this Lease. If Landlord is found to be in breach of this Lease as a result of Landlord’s failure to grant such approval or consent despite the foregoing provisions of this paragraph, Tenant’s sole and exclusive remedy will be to obtain injunctive relief directing Landlord to grant or deny such approval or consent. Liens for Improvements (Florida): Notwithstanding anything in this Lease to the contrary, specifically including but not limited to Article 14, Tenant shall pay all debts incurred by, and shall satisfy all liens and claims of lien of contractors, subcontractors, sub-subcontractors, mechanics, laborers, and materialmen with respect to any and all improvements, construction, alterations, and repairs in and on the Premises and any improvements thereon, specifically including but not limited to Tenant’s Work, and shall indemnify Landlord against all legal costs and charges, including reasonable attorney’s fees, in any suit involving any liens or claims of lien, judgments, or encumbrances caused or suffered by Tenant with respect to the Premises or any part thereof. Regardless of whether Landlord has approved any work to be performed by or on behalf of Tenant, Tenant shall have no authority to create or permit any liens or claims for lien for labor or material on or against Landlord’s interest in the Premises and agrees to notify all persons contracting with Tenant for any improvements, construction, alterations, and repairs in and on the Premises, including all materialmen, contractors, subcontractors, sub-subcontractors, mechanics, and laborers involved in such work, that they must look solely to Tenant and Tenant’s leasehold interest to secure the payment of any bill or account for work done or material furnished in connection with work performed in and on the Premises. IN WITNESS WHEREOF, the parties hereto have set their Hands and Seals the day and year first above written. LANDLORD: E&A SUNSHINE, LLC, a South Carolina limited liability company By: Edens Limited Partnership, a Delaware limited partnership, its sole member By: Edens GP, LLC, a Delaware limited liability company, its sole general partner By: _________________________________ Jodie W. McLean Chief Executive Officer TENANT: SFEB LLC, a Florida limited liability company By: __________________________________________ [Signature] ___________________________________________ [Print Name] Its_________________________________________ [Title] 551 EXHIBIT A SITE PLAN 552 -2- EXHIBIT B LANDLORD AND TENANT WORK AGREEMENT LANDLORD’S WORK Landlord’s Work: None. Tenant expressly acknowledges and agrees that Tenant has been given the opportunity to inspect the Premises and that the Premises is provided to Tenant and Tenant accepts delivery of possession of the Premises in its current “as-is” condition and Landlord makes no representations or warranties as to the condition of the Premises. TENANT’S WORK Tenant, at its sole cost and expense, shall renovate, remodel, refurbish and redecorate the Premises, including, but not limited to, making all interior improvements, alterations and changes to the Premises to place same in a first class, modern and attractive condition, to enable Tenant to use the Premises for Tenant's Permitted Use (collectively, the “Tenant’s Work”). Except as may be expressly set forth herein, Tenant’s Work shall also include all such work upon the Premises necessary for the issuance of a final and unappealable certificate of occupancy (or its local equivalent) (the “Certificate of Occupancy”). All work to be performed by Tenant hereunder shall be in accordance with detailed plans and specifications prepared by Tenant’s architect, including façade elevations and details, utility layout plans and all other plans and specifications necessary to enable Tenant to complete Tenant’s Work (the “Tenant’s Plans”). Tenant’s Plans shall be submitted to Landlord within fifteen (15) business days following the Effective Date for Landlord’s prior written approval (as to both design and materials) which approval may be granted or withheld in Landlord's sole and absolute discretion. Landlord agrees to use commercially reasonable efforts to promptly review and either approve, conditionally approve, or disapprove Tenant’s Plans within ten (10) business days after Landlord’s receipt thereof. If Landlord advises Tenant that changes to Tenant’s Plans are required, Tenant shall have ten (10) business days thereafter to revise (as required by Landlord) and resubmit Tenant’s Plans for Landlord’s approval. This process shall continue until Landlord has approved Tenant’s Plans. In addition to Tenant’s Plans, copies of all certificates of insurance and miscellaneous close out documents shall also be submitted to Landlord simultaneously with Tenant’s Plans submissions. One (1) hard copy and an electronic (CAD) set of Tenant’s Plans are required. Within five (5) business days following Landlord’s approval of Tenant’s Plans (the “Permit Filing Date”), Tenant shall, at Tenant’s expense, apply for all necessary governmental permits, approvals and licenses (collectively, the “Building Permits”) required to perform Tenant’s Work and thereafter Tenant shall diligently pursue obtaining the Building Permits. Tenant shall deliver a copy of the Building Permits to Landlord within three (3) business days of Tenant’s receipt of same. Tenant acknowledges and agrees that its agreement to abide by the deadlines set forth in this Exhibit “B” is a material inducement to Landlord’s entering into this Lease on the terms and conditions set forth herein. Notwithstanding anything in this Lease to the contrary, a breach of Tenant’s obligation to comply with such deadlines shall be an immediate default and shall not require the issuance of prior written notice by Landlord or be subject to any grace period whatsoever. Accordingly, in the event Tenant fails to meet any of such deadlines, including but not limited to the deadline for submitting Tenant’s Plans to Landlord for review and for filing its application for Building Permits, in addition to any other rights and remedies available to Landlord hereunder, the 120-day period set forth in Article 1(J) above shall be reduced by one (1) day for each day after the applicable deadline until the plans are submitted to Landlord, the application for Building Permits is filed, and/or construction is commenced, as applicable. All of Tenant’s architects, contractors and subcontractors shall be (i) approved by Landlord (which approval shall not be unreasonably withheld), (ii) licensed and (iii) insured and, Tenant shall provide Landlord with the name, address, telephone number and, if available, email address of Tenant’s construction representative (and/or project manager). Prior to commencing any work Tenant and its contractor must comply with the insurance requirements set forth in Article 17 of the Lease. Tenant’s contractor is required to abide by Landlord’s rules and regulations for construction, copies of which will be provided upon written request prior to the commencement of Tenant’s Work, and to make certain refundable deposit with and/or payments to Landlord not exceeding $5,000.00, which deposit and/or payment shall be returned in full after the contractor has completed Tenant’s Work, provided no rules have been violated, and no damage has occurred to the Shopping Center. Notwithstanding such requirements, Tenant shall indemnify and protect Landlord with respect to any breach of such rules and regulations by Tenant’s contractor or the failure of Tenant’s contractor to make the foregoing deposit. No changes of materials or finishes are permitted after Landlord’s final approval of the Tenant’s Plans unless approved in writing by Landlord. All work involving the roof of the Premises and the fire alarm and sprinkler system shall be performed by Landlord's designated contractor or subcontractor at Tenant's expense. All tap, meter, impact and other utility service fees shall be paid by Tenant. Tenant shall commence construction of Tenant's Work in the Premises no later than ten (10) days after whichever of the following shall be the latest to occur: (a) The date Tenant receives Landlord's approval of Tenant’s Plans; or (b) The date of issuance of all Building Permits for Tenant’s Work; or (c) The Delivery Date. Tenant’s Work shall be performed and constructed, in a good and workmanlike manner and in accordance with all laws. and shall be diligently pursued to completion. All building materials, tools, and equipment must be stored within the Premises, or such other locations as may be specifically designated in writing by Landlord’s tenant construction coordinator, and all trash, debris and rubbish must be stored and/or disposed of as directed by Landlord, and, upon completion of Tenant’s Work, Tenant must remove all temporary structures, surplus materials, debris and rubbish of whatever kind remaining in the Premises or any other portion of the Shopping Center. In no event shall any material be stored in the Common Areas. If Tenant fails to comply with any these requirements within one (1) business day following notice from Landlord, then the same shall constitute a default under the Lease, and, in addition to any other remedies to which Landlord may be entitled for the default by Tenant, Tenant shall be assessed a fee of Two Hundred and no/100 Dollars ($200.00) for each day thereafter 553 -3- until Tenant complies with the applicable requirement. Tenant expressly agrees to indemnify, defend and hold Landlord harmless from and against any liability to any individual, firm, partnership, association, corporation, limited liability company, or any other entity or estate for damage to Person or property occurring during the work proposed hereunder. Tenant shall provide Landlord with proof that it has obtained a Certificate of Occupancy (or local jurisdictional equivalent) for the Premises within ten (10) days of the completion of Tenant’s Work. Neither Landlord’s approval of Tenant’s Plans, nor any other inspections or approvals of the improvements to the Premises or plans for construction thereof, by Landlord’s employees, agents or inspecting engineers shall constitute a warranty or representation as to the technical sufficiency, adequacy or safety of the plans, structures, any of the component parts, or any other physical condition or feature pertaining to the improvements, it being acknowledged by Tenant that Landlord has made such approvals solely as a landlord in determining and protecting the value of its property for internal purposes, and not for construction-related matters nor for compliance with all Laws. SUSTAINABILITY PRACTICES: Sustainability is an important principle for the Premises Building. As such, Landlord strongly encourages Tenant to follow the LEED Commercial Interiors program for the design and construction of the tenant fit-out (see usgbc.org/LEED for specific information). Meeting these requirements will aid in the development of an overall efficient design that is compatible with the base building’s sustainability standards. In furtherance of the foregoing, Landlord may require retail tenants and occupants of the Premises Building to adhere to certain requirements, which will include, but not be limited to the following: • Plumbing fixtures o All spaces must not exceed the following flow rates: Pantry (Break Room) Faucet – 1.00 gpm Water closet – 1.28gpf Urinal – 0.125gpf Lavatory Faucet (hands free) – 0.50 gpm • Lighting design o Reduce connected lighting power density at or below 1.00W/sf that allowed by ANSI/ASHRAE/IESNA Standard 90.1-2007 (with errata but without addenda) using either the Space-by-Space method (Section 9.6.1) or by applying the Building Area Method (9.5.1) building lighting power allowance to the entire Premises. • Energy Efficiency & Renewable Energy o HVAC systems and water heaters shall be powered entirely by electricity (a potentially renewable energy) rather than natural gas (a non-renewable fossil fuel). ALL CONSTRUCTION SHALL COMPLY WITH ANY LOCAL CODES APPLICABLE TO GENERAL RETAIL USE AND SUCH CODE REQUIREMENTS SHALL SUPERSEDE ALL OF THE ABOVE ITEMS. TENANT, AT TENANT’S SOLE COST, SHALL BE RESPONSIBLE FOR ANY ADDITIONAL IMPROVEMENTS REQUIRED IN CONNECTION WITH TENANT’S SPECIFIC USE OF THE PREMISES THAT ARE IMPOSED BY LOCAL CODE. 554 EXHIBIT B-1 FORM OF LIEN WAIVER WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT OWNER: GENERAL CONTRACTOR: ________________________________________________ PROJECT NAME: ________________________________________________ STATE OF _______________ COUNTY OF _____________ The undersigned lienor, in consideration of the final payment in the amount of __________ and ___/100 Dollars $___________, the receipt and sufficiency of which is hereby acknowledged, hereby waives and releases its lien and right to claim a lien for labor, services, or materials furnished to __________________ on the job of _____________________ to the following described property: . ADDITIONAL WARRANTIES AND REPRESENTATIONS (1) Any and all contractors, subcontractors, laborers, suppliers and materialmen that have provided labor, material or services to the undersigned for use or incorporation into the construction of the improvements to the Property have been paid and satisfied in full, and there are no outstanding claims of any character arising out of, or related to, undersigned's activities on, or improvements to, the Property. This statement is intended to comply with Fla. Stat. Ann. § 713.06(d), and this document should be treated as the Contractor's Final Affidavit under that section. This Waiver is specifically made for the benefit of Owner and the Owner's lender, and any other person or entity with a legal or equitable interest in the Property. (2) This Waiver constitutes a representation by the undersigned signatory, for and on behalf of the undersigned, that the payment referenced above, once received, constitutes full and complete payment for all work performed, and all costs or expenses incurred (including, but not limited to, costs for supervision, field office overhead, home office overhead, interest on capital, profit, and general conditions costs) relative to the work or improvements at the Property. The undersigned hereby specifically waives, quitclaims and releases any claim for damages due to delay, hindrance, interference, acceleration, inefficiencies or extra work, or any other claim of any kind it may have against the Owner and its lender, any tenant of the Owner, the Owner’s project or development manager (if any), the General Contractor (if this Waiver is signed by a subcontractor or supplier), or any other person or entity with a legal or equitable interest in the Property, relative to the work or improvements at the Property. IN WITNESS WHEREOF, the undersigned signatory, acting for and on behalf of the firm or company listed below and all of its laborers, subcontractors, and suppliers, has placed his hand and seal this ____ day of _____________, 20___. Sworn to and subscribed Before me this ____ day of _________________, 20__. ________________________ Notary Public (NOTARY SEAL) My Commission Expires: ________________________ FIRM OR COMPANY: _____________________________________ By:__________________________________ Print Name: ___________________________ Its: __________________________________ 555 EXHIBIT C TENANT’S MENU Attached hereto as Exhibit “C” is Tenant’s menu. Tenant’s menu lists the items that Tenant intends to sell at the Premises. Tenant is permitted to change the menu prices and delete items from the menu. Tenant may add menu items to Tenant’s menu without the prior written consent of the Landlord so long as such changes are consistent with Tenant’s Permitted Use, provided, however, in no event will Tenant sell any items or operate in any manner which would violate any Shopping Center Restriction in effect on the date of this Lease as set forth in Exhibit “E” or violate any then-existing Shopping Center Restrictions at the time of any such menu change, or duplicate the primary use of any tenant then operating at the Shopping Center. 556 557 558 559 560 EXHIBIT D SIGNAGE & DISPLAY CRITERIA The following sign guidelines govern the design, color, size, illumination, location and manner of installation of all of Tenant’s signs to be placed on or near the Premises or the Shopping Center. The design, size and location of all signs must be approved in writing by Landlord, in its sole discretion. Landlord’s approval of Tenant’s sign will not constitute the assumption of any liability on the part of Landlord with respect to accuracy or conformity with any zoning, building or signage code or other governmental or regulatory requirements. Tenant will be solely responsible, at its sole cost, for its sign plan and obtaining all permits and approvals from all appropriate governmental and regulatory bodies. Tenant is required to use professional environmental graphic designers and signage companies to determine sign design and specifications. Tenant's signage is subject to Landlord's approval in accordance with Landlord's Retailer Signage & Display Criteria (which may be modified from time to time as Landlord may elect) a copy of which was made available to Tenant before the execution of the Lease and will be thereafter provided to Tenant by Landlord at any time following Tenant’s request for the same. Tenant hereby acknowledges having had the opportunity to review the Retailer Signage & Display Criteria and either has reviewed it or has elected not to review it. 1. Tenant is permitted one (1) front sign, one (1) blade sign, and one (1) rear sign [if applicable]. All signs are subject to both government and Landlord approvals, in Landlord’s sole discretion. 2. All Tenants are required to have a unique identity. If Tenant does not have an identity, the Landlord will refer the Tenant to a preferred professional designer to establish an identity. Generic business names like “Cleaners,” “Bank,” “Diner,” etc. are not allowed. 3. Only signs that carry Underwriters Laboratory (UL) listing will be permitted. The following sign types are not permitted (without written approval by Landlord, in Landlord’s sole discretion): a. Signs of the flashing, rotating, moving, blinking or animated type b. Signs with red, green or yellow as a primary color (includes material finish & illumination) c. Signs with exposed neon tubing, exposed lamps, or any exposed sign illumination or illuminated sign cabinets d. Roof mounted signs 4. Tenant must submit sign working drawings to Landlord within the timeframe required by the Lease and no sign will be installed until Landlord’s written approval has been granted in Landlord’s sole discretion. Tenant must provide Landlord a copy of the sign permit prior to sign installation. All drawings should show actual construction of the sign. No standard details will be acceptable. The sign working drawings must indicate the following: a. Shopping center name b. Store name c. Space number d. Complete address e. Type and size of all lettering f. Elevation view of storefront showing sign (drawn to scale) with overall height and width dimensions of sign, overall square footage of sign, detail dimensions of major sign elements (graphics, letterforms, etc.) and the linear dimension of the allowable areas of Tenant’s presentation. g. A technical section (to scale) through the sign and storefront showing all pertinent construction details. Describe all fastener and weld details. Show attachment detail to building. h. Colors and finishes of all materials i. Wattage and light intensity by lamping type j. Location of penetrations for conduit and sleeves, etc. required for sign installation k. A photograph of the storefront with sign location shown to scale 5. Tenant’s sign must be located above the storefront of the Premises and within the limits of the area designated by Landlord as the “sign band.” Tenant’s sign must be centered vertically within said sign band and horizontally within the lineal front footage of the Premises. Façade signs to have a minimum clearance of 10” from upper and lower edges of sign band, and 12” clearance from demising wall centerline. The letters of Tenant’s sign will have a maximum height of 18”and a minimum height of 12”. 6. Major Tenant signage will be regulated by Landlord and the size and location will be at the discretion and approval of Landlord. 7. All Tenant signage must be installed in accordance with Landlord provided Signage & Display Criteria. These criteria also provide direction and character images for window signs, graphics and displays, in addition to A-frame signs, outdoor furniture and awnings. These design elements must be approved by the Landlord in its sole discretion in order to maintain a first class shopping experience. 8. Illumination must be internal to the sign (exposed neon within letterforms, halo-illuminated) or by external front lighting. Light sources must not cause glare hazardous to pedestrians or vehicle drivers. Lighting is to be white. Colored lamps will be permitted only with Landlord approval. 9. Face illumination to only consist of day/night type face material so that face reads as solid element during the day and illuminates at night. Illumination to be consistent with no shows or hot spots. Standard type acrylic faced letters/signs with colored faces are prohibited. 10. Non-illuminated storefront façade signage prohibited without express Landlord approval. 11. All tenant signs must be new and custom-made. Restored vintage or reuse signs are acceptable if approved by Landlord. 12. No sign will be placed in final position without Landlord approval. Poor quality materials or construction will not be approved. Final installation will be subject to approval and must conform to criteria and drawings provided, as well as to local building codes. 13. If applicable, Tenant will provide a dedicated circuit for the Tenant’s signage illumination and coordinate and utilize Landlord- 561 provided master switching relay system for all illuminated signage. 14. Service/rear egress/delivery doors to Tenant areas will have standard identification (Tenant’s name and address number) designed and installed by the Landlord at the Tenant’s expense. No other signing or graphic is permitted at the service entrance. 15. The signage contractor must perform all cutting and patching of existing surfaces where required for installation of the signage work included herein. The procedures proposed for the accomplishment of cutting and patching work will be submitted by the sign contractor to the Landlord for approval. Submission to also include work schedule showing start of work, finish date and any other important dates within project timeline. 16. All penetrations of the building structure required for sign installation must be neatly sealed in a watertight manner. 17. All signs must be individually pin-mounted or, if canopy mounted, on a raceway (not to be larger than 4’x4’) pre-finished to match building or per individual development standard. 18. Landlord is not responsible for cost incurred for replacement or construction of signs that do not conform to these sign guidelines. 19. Sign company names or stamps must be concealed if permitted by code. 20. Public safety decals on glass in minimum sizes, subject to the approval of Landlord, may be used, as required by building codes or other governmental regulations. 21. Prohibited sign materials include, but are not limited to the following: a. Flashing lights b. Animated components c. Vinyl trim caps on letterform/sign face or return. See note J for face material limitations. Use of minimal size aluminum retainers or other low profile retainers for letterform/sign face are encouraged. d. Cabinet signs with illuminated, translucent background and silhouette letters e. Vacuum-formed plastic letters f. Paper, cardboard, stickers, or decals applied to or located behind the storefront glazing g. Sandblasted wood signs in natural wood finish with painted, raised letters or logos h. Advertising placards, banners, pennants, names, insignia, trademarks, or other descriptive or promotional material not designed as part of Tenant’s overall presentation and brand identity may not be affixed or maintained on windows, glass fixtures, equipment, or another area of the storefront without Landlord approval. i. Exposed raceways, exposed ballast boxes or electrical transformers. If raceway is used, it must be integrated into design of sign. Note applies to wall/façade and canopy signs. j. Acrylic faced letterforms and sign cabinet. Only allowed acrylic faced elements are day/night type where face appears a solid color during the day and illuminates white at night. See note C for trim cap limitations. 562 k. 563 564 565 566 567 EXHIBIT E SHOPPING CENTER RESTRICTIONS AT&T Mobility Exclusive Use: the sale of wireless communication products and services, local and long distance services and products, cable television products and services, satellite products and services, and internet access products and services Banfield Exclusive Use: animal hospital, veterinary clinic or medical or health facility for small domesticated animals, on a regular or incidental basis, including mobile vaccinations and teeth cleaning Chinatown Chinese Exclusive Use: Chinese take-out only restaurant Crown Wine & Spirits Exclusive Use: liquor and wine store Crumbl Cookies Exclusive Use: retail cookie store DIY Frozen Yogurt Exclusive Use: frozen yogurt Eye & Ear Sales and Service Exclusive Use: sale of optical and hearing products, eye and ear examinations, optical lab or optical surgery H&R Block Exclusive Use: tax preparation, electronic filing or refund anticipation loans MD Now Urgent Care Exclusive Use: a clinic providing walk-in urgent care medical services Milan Laser Hair Removal Exclusive Use: laser hair removal Panera Bread Exclusive Use: operation of a bakery/cafe restaurant, primarily featuring a full complement of bakery goods, breads and bagels baked fresh on-site, and salads, sandwiches, and soups for on- and off-premises consumption. By way of example and for clarification purposes, the foregoing shall include Manhattan Bagels, Einstein Bagels, Brueggers, Chesapeake Bay Bagels, Atlanta Bread, La Madeline, The Corner Bakery, Jason’s Deli, My Friend’s Place, Just Fresh, Café Carolina & Bakery, McAlister’s Deli, Cosi, Dean & Deluca, or other restaurants having substantially the same concept. The restrictions shall not apply to (among other things) a tenant or occupant that sells goods, products or services that fall within the Exclusive Use definition if less than 20% of the tenant’s or occupant’s Gross Sales are derived from such items. Pet Supermarket Exclusive Use: right to sell pets, pet food, wild bird food, wild bird supplies, pet supplies, services and related items Pet Supermarket Restrictive Uses: lease space in center to a direct category competitor of Tenant (for example, Petco, Pet Supplies Plus or Petsmart) Publix Exclusive Use: (i) engage in the retail sale of groceries and other products typically offered for sale in a grocery supermarket; (ii) operate a grocery supermarket, bakery, delicatessen, and/or fish market; (iii) sell drugs or other products which are required by law to be dispensed by a registered pharmacist, even though such pharmacist may not be required to be present for delivery of such products; (iv) engage in retail sales of items of food for "off-premises" consumption; and (v) engage in retail sales of beer, wine, distilled spirits and other alcoholic beverages for "off-premises" consumption (i.e. a liquor store) Publix Restrictive Uses: (i) any unlawful purpose, or in any way which would constitute a legal nuisance to adjoining tenants in the Shopping Center; dry cleaning plant; adult entertainment facility; adult book store; a so-called "head shop"; a gaming, gambling, betting or game of chance business (exclusive of the sale of lottery tickets); or (ii) massage parlor (other than Massage Envy or similar massage center offering massage therapy services), health spa (other than not more than two (2) "upscale" health spas such as Spa Sydell or Natural Body, which upscale health spas shall not exceed an aggregate of 4,000 square feet of Leasable Floor Area and which shall only be located within the "Permitted Gym and Real Estate Office Area" shown on the Staging and Use Plan); cinema or theater; skating rink; bowling alley; discotheque; dance hall; nightclub; amusement gallery; pool room; gymnasium (other than a Ladies Workout Express, Curves or similar use (each a "Small Format Gym") not to exceed two small Format Gyms and an aggregate of 2,400 square feet of Leasable Floor Area and which shall only be located within the "Permitted Gym and Real Estate Office Area" shown on the Staging and Use Plan); pin ball or electronic game room (provided, the foregoing restriction shall not prohibit the operation of a maximum of three (3) pin ball and electronic game machines in not more than two tenants' premises and provided the Leasable Floor Area devoted to such game machines in any individual tenant's premises shall not exceed 250 square feet); funeral parlor; flea market; bingo parlor; cafeteria; sale, rental or lease of automobiles, trucks, other motorized vehicles, or trailers; car wash; billboard; cell phone tower, pawn shop or driving school. In addition, Landlord hereby covenants and agrees that no other premises in the Shopping Center or Outparcels located within 500 feet of the Storeroom (which distance shall be measured from the Storeroom demising wall nearest said other premises to the demising wall of said other premises nearest the Storeroom) shall be used for a day care center. Landlord hereby covenants that no premise in the Shopping Center or Outparcels shall be used for a "concept" restaurant and/or cocktail lounge of a parking intensive nature, such restaurants and/or cocktail lounges, being similar in nature to Bennigan's, T.J. Applebee's, Outback Steakhouse, Chili's, Hooters, and T.G.I. Friday's. No more than eight (8) restaurants, in aggregate, may be located in the Shopping Center. In no event shall a restaurant of any kind be located within one hundred (100) feet of the Storeroom nor within the “No Restaurant Area" depicted on the Staging and Use Plan. The location, type and size of those restaurants shall be further limited as follows: (i) Retail A, as shown on the Site Plan, which will be located on Outparcel 3, may house no more than two (2) quick-serve restaurants (such as a take-out restaurant or a restaurant providing limited seating to customers) and no fast-food or sit-down restaurants; (ii) Retail B, as shown on the Site Plan, may house only one (1) quick-serve or sit-down restaurant, including but not limited to a Panera Bread, Crispers, Atlanta Bread Company or similar format restaurant specifically within this building but not elsewhere in the Shopping Center, the main customer door of which must face to the north or northeast; (iii) Retail 1, as shown on the Site Plan, may house as many as four (4) restaurants, only one of which may be a sit-down restaurant and said sit-down restaurant may not exceed 3,100 square feet and must be located in the northern half of the building, and the aggregate square footage of all other restaurants in Retail 1 may not exceed 4,300 square feet; and (iv) Retail 2, as shown on the Site Plan, may house as many as three (3) restaurants, only one (1) of which may be a sit-down restaurant occupying not more than 3,000 square feet, the main customer door of which must face to the north, and any other restaurants in the building must be quick-serve restaurants each occupying not more than 1,400 square feet, only one of which may have a main customer door that faces to the East and the others of which must face to the North. Notwithstanding the 568 foregoing, if no restaurant is located within the Retail B building, then Landlord may house as many as two (2) sit-down restaurants in the Retail 1 building, both of which must be located in the northern half of the building; however, this sentence shall not operate to increase the total number of restaurants permitted in the Retail 1 building. Any provision above to the contrary notwithstanding, Landlord shall be entitled to permit the operation of one (1) real estate broker services office not to exceed 3,000 square feet of Leasable Floor Area, which shall only be located within the area depicted as the "Permitted Gym and Real Estate Office Area” on the Staging and Use Plan. Any provision above to the contrary notwithstanding, Landlord may permit the existing health club operator (the "Club Tenant"), which is operating in the Shopping Center as "Zoo Health Club" as of the Effective Date hereof, to continue its operations, including the exercise of any extension or renewals of its existing lease (the "Club Lease") (the "Club Exception"). The Club Exception shall include Landlord's right to relocate the Club Tenant to the tenant bay shown on the Staging and Use Plan as "Club Tenant Relocation Area”. Landlord shall be permitted to approve one assignment or conveyance of ownership interest by the Club Tenant to a third-party, and thereafter, shall deny any requests for approval of an assignment or conveyance of ownership interest by the new Club Tenant, to the extent permitted by the Club Lease. The Club Exception shall not extend to any other party desiring to operate a gymnasium or health spa other than expressly permitted in this Paragraph 16.03(b). Upon the expiration of the Club Tenant lease or its earlier termination, Landlord may replace the existing Club Tenant within the Shopping Center provided such operation is located within the "Permitted Gym and Real Estate Area” and so long as such operation does not conduct twenty-four (24) hour operations and occupies not more than 4,000 square feet of Leasable Floor Area. Notwithstanding anything to the contrary contained in this Paragraph 16.03(b), only one (1) "Small Format Gym" (occupying 2,400 square feet or less) shall be permitted to operate within the Shopping Center so long as the Club Tenant or any Club Tenant replacement is actively operating within the Shopping Center. ROK Exclusive Use: a full-service Korean BBQ-style restaurant Sage Dental Exclusive Use: operation of a dental office for general, cosmetic and/or a specialty dentistry practice, including endodontics, periodontics, oral surgery, pediatrics, implantology and/or orthodontics, and other related procedures that are legally performed by a licensed dentist. Tropical Smoothie Café Exclusive Use: blended beverages or fresh squeezed juice drinks; blended beverages” shall be defined as any beverage blended with ice, fruits, vegetables, yogurt, nuts, and nutritional supplements, and shall also include pre-made bottled blended beverages For purposes of this Article, "Primary Purpose" shall mean greater than fifteen percent (15%) of such tenant or occupant's annual Gross Sales are derived from, or greater than fifteen percent (15%) of its menu items are, blended beverages or fresh squeezed juice drinks. For purposes of this Article IA.I, "blended beverages" shall be defined as any beverage blended with ice, fruits, vegetables, yogurt, nuts, and nutritional supplements, and shall also include pre-made bottled blended beverages. TD Bank Exclusive Use: a commercial bank, savings bank, savings and loan or credit union 569 EXHIBIT F FORM OF GUARANTY OF LEASE GUARANTY OF LEASE The undersigned Tanya Sue Byker and Ian Phair, a married couple, and Ben Dorr, who represents and warrants to Landlord that he is an unmarried individual, jointly and severally, herein called Guarantors, hereby unconditionally and irrevocably guarantees to Landlord (a) the due and punctual payment in full (and not merely the collectability) of all Rent, Additional Rent, and all other amounts due and payable by Tenant under the Lease dated _________________________, 2025, by and between E&A Sunshine, LLC as Landlord and SFEB LLC, as Tenant; and (b) the full and faithful performance and observance of all terms, covenants, and conditions contained in said Lease to be performed or observed by Tenant (collectively, the “Guaranteed Obligations”), subject to the terms set forth herein. If more than one person or entity constitutes the Guarantor, the liability of all such person or entities under this Guaranty shall be joint and several in all respects. Notwithstanding anything herein to the contrary, upon Tenant’s full and timely payment and performance of all obligations of Tenant under the Lease accruing through the end of the third (3rd) Lease Year, provided Tenant is not then in default, the liability of the Guarantors shall not exceed the total of: (i) the then-unamortized Tenant Improvement Allowance (as defined in Article 1A.3 of the Lease, amortized on a straight-line basis over the initial Term of the Lease) paid to Tenant, plus (ii) the then-unamortized broker commissions paid to Broker (amortized on a straight-line basis over the initial Term of the Lease), plus (iii) the outstanding and unpaid Rent under the Lease through the date the Tenant surrenders legal possession of the Premises to Landlord, plus (iv) a sum equal to twelve (12) months’ Rent under the Lease at the rate in effect at the time Landlord is able to recover under this Guaranty (or if the Lease has expired or been terminated the rate in effect immediately prior to its expiration or termination), and plus (v) reasonable costs incurred by Landlord in recovering under this Guaranty. Guarantors expressly agree that Landlord may, in its sole and absolute discretion, without notice to or further consent of Guarantors and without in any way releasing, affecting, or impairing the obligations and liabilities of Guarantors hereunder (a) waive compliance with any of the terms of the Lease; (b) modify, amend, or change any provisions of the Lease by agreement between Tenant and Landlord; (c) grant extensions or renewals of the Lease and/or effect any release, compromise, or settlement in connection therewith; (d) assign or otherwise transfer all or part of its interest in the Premises, or this Guaranty or any interest therein or herein; and (e) consent to an assignment, subletting, conveyance, or other transfer of all or any part of the interest of Tenant in the Lease. Guarantors acknowledge that they are materially benefitted by the Lease and the undertaking by Guarantors to execute and deliver this Guaranty is a material inducement to Landlord to enter into the Lease. This Guaranty, and all of the terms hereof, shall be binding on Guarantors and the successors, assigns, and legal representatives of Guarantors. Guarantors do not require and hereby waive all notices of Tenant’s nonpayment, nonperformance, or nonobservance of the covenants, terms, and conditions of the Lease. Guarantors hereby expressly waive all notices and demands otherwise required by law which Guarantors may lawfully waive. Insofar as the payment by Tenant of any sums of money to Landlord is involved, this Guaranty shall remain in full force and effect until payment in full to Landlord of all sums payable under the Lease. Guarantors waive any right to require that Landlord bring any legal action against Tenant before, simultaneously with, or after enforcing its rights and remedies hereunder against Guarantors. Landlord shall not be required to make any demand on Tenant, apply any security deposit being held by Landlord on behalf of Tenant or any other credit in favor of Tenant, or otherwise pursue or exhaust its remedies against Tenant before, simultaneously with, or after enforcing its rights and remedies hereunder against Guarantors. Neither Guarantors’ obligation to make payment in accordance with the terms of the Guaranty nor any remedy for the enforcement thereof shall be impaired, modified, released, limited, or affected in any way by any impairment, modification, release, or limitation of the liability of Tenant or its estate in bankruptcy, resulting from (a) the operation of any present or future provision of the Bankruptcy Code of the United States or from the decision of any court interpreting the same; (b) the rejection, or disaffirmance, of the Lease in any such proceedings; or (c) the assumption and assignment or transfer of the Lease by Tenant or Tenant’s bankruptcy trustee. Guarantors represent and warrant that this Guaranty has been duly authorized by all necessary corporate action on Guarantors’ part, has been duly executed and delivered by a duly authorized officer, and constitutes Guarantors’ valid and legally binding agreement separate and apart from the Lease in accordance with its terms. The liabilities of Guarantors are coextensive with that of Tenant and also joint and several, and legal action may be brought against Guarantors and carried to final judgment either with or without making Tenant a party thereto. Until the Guaranteed Obligations under the Lease are fully performed, Guarantors (a) waive any rights that Guarantors may have against Tenant by reason of any one or more payments or acts in compliance with the obligations of Guarantors under this Guaranty; and (b) subordinates any liability of indebtedness of Tenant held by Guarantors to the obligations of Tenant to Landlord under its Lease. Guarantors waive the benefit of any statute of limitations affecting Guarantors’ liability under this Guaranty. This Guaranty shall be governed by and construed in accordance with the laws of the State in which the Premises encumbered by the Lease shall exist. Guarantors hereby consent to the jurisdiction of any competent court within said State and in Landlord’s discretion, including, without limitation, Federal courts of the United States. Guarantors hereby waive trial by jury in any action brought on or with respect to this Guaranty. Guarantors agree to pay all costs and expenses incurred by Landlord in enforcing this Guaranty, including, without limitation, all legal fees and disbursements. Within fifteen (15) business days after each request by Landlord is received by Guarantors, Guarantors shall deliver estoppel certificates to Landlord ("Estoppel Certificate") certifying in writing that this Guaranty remains in full force and effect and such other matters as reasonably requested by Landlord. Each Estoppel Certificate shall be made in favor of Landlord, any mortgagee, any assignee, any purchaser or any other person specified by Landlord. Guarantors represent and warrant as to themselves and, if applicable, their shareholders, partners and members that none of them, nor any of their shareholders, partners or members, is listed in Executive Order 13224-Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit or Support Terrorism, as amended ("Executive Order 13224"), and none of them has any present, actual knowledge that any other persons or entities holding any legal or beneficial interest whatsoever in each are included in, owned by, controlled by, knowingly acting for or on behalf of, knowingly providing assistance, support, sponsorship, or services of any kind to, or otherwise knowingly associated with any of the persons or entities referred to or described in Executive Order 13224, or other banned or blocked person, entity, nation, or transaction pursuant to any law, order, rule or regulation that is 570 enforced or administered by the Office of Foreign Assets Control. Any breach of the foregoing representations and warranties shall constitute an event of default by Guarantors and shall be covered by the indemnity provisions of the Lease. IN WITNESS WHEREOF, the undersigned has signed this Guaranty as of ________________________, 2025. GUARANTOR: Tanya Sue Byker 3372 ROUTE 30 CORNWALL, VT 05753 [Phone Number] Date Signed:_________________________ GUARANTOR: Ian Phair 3372 ROUTE 30 CORNWALL, VT 05753 [Phone Number] Date Signed:_________________________ GUARANTOR: Ben Dorr 4406 NW 63RD DRIVE COCONUT CREEK, FL 33073 [Phone Number] Date Signed:_________________________ 571 EXEMPTION OF WAGES FROM GARNISHMENT IF YOU PROVIDE MORE THAN ONE-HALF OF THE SUPPORT FOR A CHILD OR OTHER DEPENDENT, ALL OR PART OF YOUR INCOME IS EXEMPT FROM GARNISHMENT UNDER FLORIDA LAW. YOU CAN WAIVE THIS PROTECTION ONLY BY SIGNING THIS DOCUMENT. BY SIGNING BELOW, YOU AGREE TO WAIVE THE PROTECTION FROM GARNISHMENT. GUARANTOR: Tanya Sue Byker 3372 ROUTE 30 CORNWALL, VT 05753 [Phone Number] Date Signed:_________________________ GUARANTOR: Ian Phair 3372 ROUTE 30 CORNWALL, VT 05753 [Phone Number] Date Signed:_________________________ GUARANTOR: Ben Dorr 4406 NW 63RD DRIVE COCONUT CREEK, FL 33073 [Phone Number] Date Signed:_________________________ 572 EXHIBIT G RULES AND REGULATIONS The following rules and regulations have been formulated for the safety and well-being of all tenants of the Shopping Center. Strict adherence to these rules and regulations is necessary to guarantee that every tenant will enjoy a safe and undisturbed occupancy of its premises. Any violation of these rules and regulations by Tenant will constitute a default by Tenant under the Lease. Landlord may, upon request of any tenant, waive the compliance by such tenant of any of the rules and regulations, provided that (i) no waiver will be effective unless signed by Landlord or Landlord’s authorized agent, (ii) any such waiver will not relieve such tenant from the obligation to comply with such rule or regulation in the future unless otherwise agreed to by Landlord, (iii) no waiver granted to any tenant will relieve any other tenant from the obligation of complying with these rules and regulations, and (iv) any such waiver by Landlord will not relieve Tenant from any liability to Landlord for any loss or damage occasioned as a result of Tenant's failure to comply with any rule or regulation. 1. Throughout the Term, Tenant covenants and agrees to: (a) keep the Premises (including without limitation the interior and exterior portions of all windows, doors, all other glass, the store front and the walkways immediately in front of and adjoining the Premises) in a neat, clean and sanitary condition (including, subject to any necessary approvals of Landlord and the other requirements of this Lease, all painting and decorating necessary to maintain a clean and sightly appearance), free from litter, food, grease, oil or other stains, snow and ice, vermin and escaping offensive odors; (b) replace promptly any cracked or broken glass of the Premises (including without limitation all windows and doors) with glass of like color, kind and quality; (c) not use any equipment, machinery or advertising medium which may be heard outside the Premises, nor otherwise create or maintain, or allow others to create or maintain, any nuisances, including loud noises, sound effects, vibrations, offensive odors and smoke or dust in or about, or emanating from, the Premises; (d) not use the plumbing facilities for any purpose other than that for which they were constructed; (e) not operate its business in a manner which is commonly known as a “discount house”, “wholesale house”, “cut-rate store”, “outlet store” or “off-price store”, and not conduct any “fire sale”, “going out of business sale”, “bankruptcy sale” or auction within the Premises; (f) heat and air condition the Premises without drawing from the systems heating and air conditioning the common or public areas of the Shopping Center; (g) not use or permit the use of any portion of the Premises as sleeping apartments, lodging rooms or for any unlawful purpose or purposes; (h) keep the display windows in the Premises, and the Premises, well lighted during the Tenant’s Minimum Operating Hours and such other hours as are specified by Landlord, and pay for all light bulbs installed or replaced in the Premises; (i) not maintain or allow to be maintained any excessively bright, changing, flashing or flickering lights or similar devices, visible from the exterior of the Premises; (j) not solicit business in the common or public areas of the Shopping Center, nor distribute or display any handbills or other advertising matters or devices in such common or public areas; (k) conduct its business in all respects (including the sale, distribution, display or offering for sale of any item) in a dignified manner in accordance with store operations consistent with the quality and operation of the Shopping Center, as determined by Landlord; (l) not receive or ship articles of any kind outside the designated loading area for the Premises or other than during the designated loading times; (m) keep any garbage, trash, rubbish or other refuse in rat-proof containers within the interior of the Premises; deposit daily such garbage, trash, rubbish and refuse in receptacles designated by Landlord; enclose and shield such receptacles in a manner approved by Landlord; and regularly inspect the sidewalks and other areas adjacent to the Premises and remove all garbage, trash and rubbish therefrom; and not permit the burning of any rubbish or garbage in or about the Shopping Center; (n) not employ any of Landlord’s employees for any purpose whatsoever, or request such employees to do anything outside of their regular duties, without Landlord’s prior written consent; (o) not sell, display or offer for sale any roach clip, water pipe, bong, coke spoon, cigarette papers, hypodermic syringe or other paraphernalia which in Landlord's opinion are commonly used in connection with illegal drugs, or any pornographic, lewd, suggestive or "adult" newspaper, book, magazine, film, picture or merchandise of any kind; (p) comply with all reasonable rules adopted by Landlord with respect to storefront windows and displays; (q) provide adequate lighting and security for Tenant’s employees, agents, licensees, invitees, assignees, subtenants, concessionaires, customers, clients, family members or guests; (r) not obstruct or encumber any sidewalks, entrances, passages, courts, elevators, vestibules, stairways, corridors, halls or any other part of the Shopping Center; 573 (s) not permit any awnings, signs, placards and the like, or any projections of any kind whatsoever to be attached to the outside walls of the Premises or affixed to the windows thereof without the prior written consent of Landlord, nor erect or maintain any barricade or scaffolding; (t) not permit any drapes, blinds, shades or screens to be attached to, hung in or used in connection with any window or door relating to the Premises, without the prior written consent of Landlord; (u) not permit any showcases, mats or other articles to be placed or allowed to remain in front, in the proximity of or affixed to any part of the exterior of the Premises; (v) not permit or encourage any loitering in or about the Premises; (w) not use the roof of the Premises; (x) not install burglar bars in or to the Premises without Landlord’s prior approval; (y) if requested to do so by Landlord, install a locking system compatible with the locking system being used by Landlord at the Shopping Center; (z) not permit or encourage any canvassing, soliciting, peddling or demonstrating in or about the Premises or Common Areas; (aa) not install or permit the installation of any wiring for any purpose on the exterior of the Premises; (bb) receive and deliver goods and merchandise only in the manner, at such times, and in such areas as may be designated by Landlord; and (cc) maintain the Premises in a sanitary condition and free of pets, animals, insects, rodents, termites, vermin and other pests. 2. Tenant acknowledges that it is Landlord’s intention that the Shopping Center be operated in a manner which is consistent with the highest standards of cleanliness, decency and morals in the community which it serves. Toward that end, Tenant will not sell, distribute, display or offer for sale any item or service which, in Landlord’s judgment, is inconsistent with the quality of operation of the Shopping Center or may tend to impose or detract from the moral character or image of the Shopping Center. 3. Landlord may, from time to time, designate portions of the parking areas for use by Tenant, its employees, agents, customers and guests so as to effectively and efficiently allocate the parking spaces among all users of the Shopping Center. Tenant, its employees, agents, customers and guests will use only those portions of the parking areas so designated by Landlord. Tenant will submit to Landlord a list of Tenant’s employees and the license number of any vehicle of Tenant or Tenant's employees within five (5) days after Landlord’s request therefor, and thereafter submit to Landlord Notices updating the information provided within five (5) days of any change thereto. Landlord will have the right to tow at Tenant’s expense any vehicle parked in violation of such parking restriction. 4. Tenant must comply with all mandatory energy conservation controls and requirements applicable to the Shopping Center that are imposed or instituted by the federal, state, or county governments, including, without limitation, controls on the permitted range of temperature settings. Compliance with such controls or requirements will not be considered an eviction, actual or constructive, of the Tenant from the Premises and will not entitle Tenant to an abatement of any rent payable hereunder. 5. Tenant will not place on any floor a load exceeding the floor load per square foot which such floor was designed to carry. Landlord will have the right to prescribe the weight and position of safes and other heavy equipment and fixtures, which, if considered necessary by Landlord, will be installed in such manner as Landlord directs in order to distribute their weight adequately. Landlord will have the right at Tenant’s expense to repair any and all damage or injury to the Premises or the Shopping Center caused by moving the Shopping Center of Tenant into or out of the Premises, or due to the same being in or upon the Premises, or to require Tenant to do the same. No furniture, equipment or other bulky matter of any description will be received into the Shopping Center except as approved by Landlord, and all such furniture, equipment and other bulky matter will be delivered only through the designated delivery entrance of the Shopping Center. Tenant agrees to remove promptly from the sidewalks adjacent to the Shopping Center any of Tenant’s furniture, equipment or other material there delivered or deposited. 6. Tenant will not install any equipment of any type or nature that may necessitate any changes, replacements or additions to, or in the use of, the water system, heating system, plumbing system, air-conditioning system or electrical system of the Premises or the Shopping Center, without first obtaining the prior written consent of Landlord, which consent may be withheld in Landlord’s sole and absolute discretion. Machines and equipment belonging to Tenant which cause noise or vibration that may be transmitted to the structure of the Shopping Center or to any space therein to such a degree as to be objectionable to Landlord or to any tenant in the Shopping Center will be installed and maintained by Tenant, at Tenant’s expense, on vibration eliminators or other devices sufficient to reduce noise and vibration to a level satisfactory to Landlord. 574 EXHIBIT H FRANCHISOR LEASE ADDENDUM SOFRESH FRANCHISING, LLC, a ______ limited liability company RIDER TO THAT CERTAIN LEASE DATED __________________, 20__ (THE “LEASE”) BETWEEN E&A Sunshine, LLC, a South Carolina limited liability company AS LANDLORD AND SFEB LLC, a Florida limited liability company AS TENANT FOR THE PREMISES (“PREMISES”) located at: Sunshine Square Shopping Center, E. Woolbright Road, Boynton Beach, FL 33435 In the event of a conflict between the terms and the conditions set forth within this Rider and the terms and conditions set forth in the Lease to which this Rider is attached, the terms and conditions set forth within this Rider shall govern and control. 1. Permitted Use. The Premises will be used as a “SoFresh” franchise restaurant, operating in a fast- casual format consistent with other SoFresh franchise locations in Florida, primarily offering chef-crafted and customizable bowl meals, and also offering wraps, salads and other items, as set forth on Tenant’s menu attached hereto as Exhibit “C” to the Lease, and for no other use or purpose. In no event will Tenant sell any items or operate in any manner that would violate the Shopping Center Restrictions as set forth in Exhibit “E” to the Lease . 2. Signage. Tenant shall, subject to the requirements of local law, have the right to utilize its standard signage and other proprietary marks and identification on both the exterior and within the interior of the Premises as approved by SoFresh Franchising, LLC a Florida corporation and franchisor of the SoFresh concept (“Franchisor”), subject to Landlord’s approval rights with respect to exterior and window signage as set forth in the Lease. 3. Assignment and Subletting. Tenant may assign the Lease without the consent of Landlord to (a) the Franchisor, or (b) an Affiliate of Tenant (for such period of time as such person or entity remains an Affiliate, it being agreed that any subsequent transaction having the overall effect that such person or 575 entity ceases to be an Affiliate will be treated as if such transaction was, for all purposes, an assignment of this Lease governed by the provisions of this Article), and if such assignee ceases to be an Affiliate without Landlord’s prior written consent, such event will constitute an immediate Event of Default under this Lease. The term “Affiliate” means a person or entity that: (1) Controls, (2) is under the Control of, or (3) is under common Control with, Tenant. The term “Control” means direct ownership of fifty percent (50%) or more of the outstanding voting stock of a corporation, or other majority equity interest if not a corporation, and the possession of power to direct or cause the direction of the management and policy of such corporation or other entity, whether through ownership of voting securities, partnership or membership interests, by statute, by contract, or otherwise. Tenant may assign this Lease or sublease all or any part of the Premises to a party other than an Affiliate only after first obtaining the prior written consent of Landlord, which consent will be in Landlord’s sole and absolute discretion and may be arbitrarily withheld. Landlord’s consent shall not be unreasonably withheld with respect to a proposed assignment of this Lease by Tenant (or Franchisor, if Franchisor has assumed the Lease) to a bonafide franchisee of Franchisor. Among other factors, it will be reasonable for Landlord to consider the tangible net worth and creditworthiness, and relevant experience, of the franchisee. Landlord’s consent shall not be required for a re-assignment of the Lease by Franchisor to a new Franchisee, provided such assignee (or its owners providing a guaranty to the Lease in the form of the Guaranty originally signed with the Lease) has a tangible net worth of at least $1,000,000.00. 4. Notices; Opportunity to Cure. Copies of any demand letters, default notices or other similar notices of non-compliance (“Notices”) sent by the Landlord to the Tenant shall also be sent to Franchisor at the following address: Clay Donato SoFresh Franchising, LLC 200 E Madison St Suite 200 Tampa, FL 33602 After the expiration of Tenant’s cure period set forth in the Lease, Franchisor shall be entitled to an additional five (5) days with respect to monetary defaults, and an additional fifteen (15) days with respect to non-monetary defaults, in which to cure same and Landlord agrees to accept the performance of the Franchisor within said period of time as performance by Tenant according to the terms of the Lease. 5. Option to Lease. Landlord hereby agrees that, in the event of (a) the termination or expiration of the Franchise Agreement by and between Tenant and Franchisor: (b) Tenant’s default under the Lease and/or Franchise Agreement , Franchisor shall have the option to lease the Premises according to the same terms and conditions as are contained in the Lease, in accordance with the following: a. Landlord agrees to promptly give written notice to Franchisor (at the address set forth in the Lease) in the event Landlord elects to take action to terminate the Lease as the result of a default by the Tenant; b. If the Franchisor elects to lease the Premises, Franchisor shall notify Landlord in writing of its election to exercise this option to lease within 15 days after (1) termination or expiration of, or Tenant’s default under, the Franchise Agreement; or (2) Franchisor’s receipt of notice from Landlord that Landlord elects to terminate the Lease as a result of Tenant’s default as set forth above; c. If the Franchisor elects to lease the Premises, Franchisor shall sign and deliver to Landlord a lease assumption agreement in a form reasonably approved by Landlord, whereby Franchisor assumes all obligations and rights of Tenant under the Lease. As a condition to Franchisor’s right to assume the Lease as set forth herein, Franchisor must cure all monetary defaults prior to the effective date of the assignment, and Franchisor must commence to cure all non-monetary defaults promptly upon the date of Lease assignment and thereafter diligently cure until completion. If Landlord approves a further assignment by the Lease to a franchisee, such approval not to be unreasonably withheld, or if Franchisor assigns the Lease pursuant to the terms hereof when no Landlord consent is required, Franchisor shall be released from any and all liability thereafter accruing under the Lease after the date of the transfer; 576 d. Nothing contained in this Agreement shall affect Landlord’s right to recover any and all amounts due under the Lease from Tenant or to exercise any right of the Landlord against Tenant as provided under the Lease. 6. De-Identification. Landlord and Tenant hereby acknowledge that in the event that the Franchise Agreement expires or is terminated, Tenant is obligated under the Franchise Agreement to take certain steps to identify the location as a SoFresh Franchised Restaurant operated by Tenant. Landlord agrees to cooperate fully with Franchisor in enforcing the provisions of the Franchise Agreement against Tenant, including allowing Franchisor, its employees and agents to enter and remove signs, décor and materials bearing or displaying any marks, designs or logos of Franchisor; provided, however, that Landlord shall not be required to bear any expense thereof. Tenant agrees that if Tenant fails to de-identify the Premises promptly upon termination or expiration as required under the Franchise Agreement, Franchisor may cause all required de-identification to be completed at its sole risk and expense (as between Landlord and Franchisor), and shall repair any damage caused by thereby. Franchisor and Tenant covenant and agree that they shall indemnify and hold Landlord harmless from and against any and all claims arising out of the Franchise Agreement or any dispute arising out of such Franchise Agreement relating to the Premises or Franchisor's assumption of this Lease, or Franchisor’s entry upon the Premises or taking possession thereof. Any removal of such property by Franchisor at the end of the Lease Term must be elected by Franchisor by providing Landlord written notice within five (5) days after the date of Lease expiration or termination of the Lease. Franchisor’s removal of such property (and repair of any damage related thereto) shall be completed within 72-hours after providing Landlord with such notice. 7. Assignment of Interest. This Rider is binding and shall inure to the benefits of Landlord, Tenant and Franchisor, their assigns and successors-in-interest. This Rider is not binding and enforceable unless and until all parties hereto have fully executed this Rider. LANDLORD: E&A SUNSHINE, LLC, a South Carolina limited liability company By: Edens Limited Partnership, a Delaware limited partnership, its sole member By: Edens GP, LLC, a Delaware limited liability company, its sole general partner By: _________________________________ Jodie W. McLean Chief Executive Officer TENANT: SFEB LLC, a Florida limited liability company BY:______________________ ITS:______________________ DATE:____________________ FRANCHISOR: SOFRESH FRANCHISING, LLC BY:______________________ ITS:______________________ DATE:____________________ 577 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: August 12, 2025 CRA ADVISORY BOARD AGENDA ITEM 13.A SUBJECT: Pending Assignments - Assignments from the CRA Board Assigned at the February 13, 2024 and the January 14, 2025 CRA Monthly Board Meetings 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). The CRAB Board finalized their presentation on the 2016 CRA Plan Revision Recommendations together at their January meeting and presented their findings at the January 14, 2025 CRA Board Meeting. While the CRA Board was discussing the CRAB Board's presentation at the January 14, 2025 Meeting, the CRA Board approved the following tasks be assigned to the CRA Advisory Board (CRAB): 1. Investigate specifics including locations for the splash pad in the Cultural District. 2. Continue discussion and research ideas/names for renaming streets. 3. Research and investigate opportunities to honor the two (2) Heisman Trophy winners that are from Boynton Beach. Examples include statutes/monuments and street renaming. 4. Recommendations for changing or inclusion of possible historic district or ways to incorporate historic preservation within our CRA Plan. 578 The CRAB Board continued the discussion of ways that are above and beyond the normal City functions to beautify the area within the CRA District at the May 1, 2025 meeting, specifically the beautification of Palmetto Greens Linear Park. The Board also discussed the possibility of an interlocal agreement (ILA) with FDOT to beautify the I-95 exit corridors. The Board came to the June 5, 2025, meeting with 3-5 additional suggestions on ways to beautify the area within the CRA District above what the City requires. The Board also continued the splash pad conversation by providing examples and costs. The Board will discuss street naming ideas and ways to honor the two (2) Heisman Trophy winners at their August 7, 2025 meeting, since the July meeting was cancelled due to the July 4th holiday. FISCAL IMPACT: To be determined. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: To be determined by the CRA Board. 579 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: August 12, 2025 OLD BUSINESS AGENDA ITEM 14.A SUBJECT: Continued Discussion and Consideration of Budget Funding Towards the Neighborhood Officer Program ("NOP"), Code Enforcement, and/or Beautification Efforts in the CRA SUMMARY: On May 13, 2025, the CRA Board directed staff and legal to add an agenda item to discuss avenues for the CRA to enhance support in the CRA area for the CRA’s Neighborhood Officer Program (NOP), code enforcement, and beautification efforts. At the July 8, 2025 Board Meeting, the CRA Board discussed a list of potential options (see Attachment I). CRA staff/legal met with City staff on July 21, 2025, and the outcomes of that meeting are summarized below: BEAUTIFICATION AND STREETS Proposal: $147,000 in funding for 2 new positions for “Beautification Technician (CRA)” Details: These technicians will enhance the publicly owned areas (including rights-of- way) within the CRA area, including park entrances, medians, and along federal highway, and may assist with landscape/landscape design of medians. The City will continue to fund normal maintenance activities. CODE ENFORCEMENT Proposal: $308,964 in funding for 4 new code enforcement officers to focus only on the CRA area. Details: Currently, the vast majority of code enforcement issues are in the CRA area. The four new officers will focus on outreach and remediation, and will work offset schedules to increase visibility and hours of service. Responses to complaints will be handled by ordinary code enforcement; however, the new officers can of their own volition seek enforcement. The officers will coordinate with NOP, and will work with the City’s existing community improvement program. The intent of this program is that the officers are proactive and work with CRA residents/businesses. The CRA will look into the residential improvement program that previously existed. The City and the CRA will look into creating a grant to assist with remediation costs, to be paid 580 •Attachment I - Beautification and Code Enforcement Efforts Information Sheet on a reimbursement basis to qualifying violators at the recommendation of the CRA-area code enforcement team. NOP Proposal: $241,000 in funding for one new sergeant. Details: The CRA will provide funding for 100% of the costs of a sergeant who will be entirely assigned to the NOP program. This position is in addition to the existing NOP officer positions. A few general notes: No funding for vehicles is proposed. Infrastructure projects, including funding of bollards for the Town Square area, will be considered separately as part of the annual adoption of “Exhibit A” of the Master ILA. All funding of personnel will be on a reimbursement basis, like the NOP program. At the City Attorney’s preference, the code officer positions may become a part of the NOP interlocal agreement, depending on how the department is or has been reconfigured. These items have also been reflected in the FY 2025-2026 Budget Proposal. FISCAL IMPACT: Fiscal Year 2025-2026 Budget CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach CRA Community Redevelopment Plan CRA BOARD OPTIONS: To be determined based on Board direction. ATTACHMENTS: Description 581 4935-0879-5718, v. 2 Beautification and Code Enforcement Information Sheet Effort/Initiative Description Commercial or Residential Façade Improvement Grants Provides a specified amount of funding for minor exterior repairs and improvements to commercial or residential properties. Painting, awnings, lighting, doors, windows, fencing, driveway repairs, etc. Clean and Safe Program Employs staff or volunteers to enhance cleanliness and safety in target areas beyond ordinary requirements. Trash removal, graffiti removal, lighting, landscaping, etc. Beautification Award Program Recognizes properties with outstanding “curb appeal” through a judged competition. Cash prizes for the top placing properties. Funding Code Enforcement Personnel Funds an additional City staff member to be more visible in Community Redevelopment Area and remediate code enforcement violations in the Community Redevelopment Area, with access to funds to assist with compliance. Volunteer Improvement Program Uses volunteers and donated materials to enhance qualifying properties based on location, need, or other criteria. Landscaping, graffiti removal, painting, minor repairs. Strategic Investment Streetscape Program Reimburses developers for certain streetscape improvements for new commercial or mixed-use projects, up to a set amount. Funding Public Works Personnel Funds an additional City staff member in the Public Works Department for enhanced visibility, trash removal, litter prevention, and infrastructure within the Community Redevelopment Area. Beautification Projects Direct funding for specific beautification initiatives and improvements in public parks, streetscapes, and downtown areas. 582 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: August 12, 2025 OLD BUSINESS AGENDA ITEM 14.B SUBJECT: Continued Discussion and Consideration of Fiscal Year 2025-2026 Project Fund Budget - REVISED 08/08/2025 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/CRAB 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 the first CRA budget meeting, the Board's Fiscal Year 2025-2026 Project Fund budget allocation discussion assisted in identifying the priority projects for the upcoming fiscal year, as well as, decided 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 CRA's Fiscal Year 2025-2026 Budget discussion will occur at the CRA Advisory Board (CRAB) meetings held on August 7th and September 4th, as well as, the CRA Board’s July 8th, August 12th and September 9th meetings. Final approval and adoption of the CRA’s annual budget for Fiscal Year 2025-2026 by the 583 •Attachment I - Fiscal Year 2025-2026 Proposed Budget 08/12/2025 - REVISED 08/08/2025 Boynton Beach City Commission is anticipated to occur at their September 18, 2025 meeting. FISCAL IMPACT: To be determined by the CRA Board based on discussion and direction. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: To be determined by the CRA Board based on discussion and direction. ATTACHMENTS: Description 584 **** Budgeted in FY 24-25585 586 BUSINESS PROMOTIONS TENATIVE DATES 2025/2026 BUDGET ROCK THE BLOCK Saturday, November 22, 2025 100 NE 4th Street Total Rock the Block $40,000 SNAPSHOTS WITH SANTA Ocean Plaza - 640 East Ocean Avenue Thursday, December 4, 2025 $6,000 Boynton Harbor Marina - 735 Casa Loma Blvd.Thursday, December 11, 2025 $6,000 One Boynton - 1501. Federal Highway Thursday, December 18, 2025 $6,000 Total Snapshots with Santa $18,000 HOLIDAY LIGHT/DECOR INSTALLATION December 2025 Dewey Park - 100 NE 4th Street $13,000 Boynton Harbor Marina - 735 Casa Loma Blvd.$14,000 Heart of Boynton District - MLK Jr. Blvd. & Secreast Blvd.$13,000 Total Holiday Light/Décor Installation $40,000 HOLIDAY BOAT PARADE Friday, December 12, 2025 Boynton Harbor Marina - 735 Casa Loma Blvd. Total Holiday Boat Parade $40,000 BOYNTON BEACH SPRING MARKET Saturday, March 28, 2026 Total Boynton Beach Spring Market $65,000 ROCK THE PLAZA Ocean Palm Plaza - 1600 N, Federal Highway Saturday, April 18, 2026 $30,000 Ocean Plaza - 640 East Ocean Avenue Saturday, May 16, 2026 $30,000 One Boynton - 1501 Federal Highway Thursday, June 25, 2026 $30,000 Heart of Boynton Shops - 118 E. MLK Jr. Blvd.Saturday, August 22, 2026 $30,000 Total Rock the Plaza $120,000 ROCK THE MARINA & MARINA MONTH Saturday, June 6, 2026 Centennial Park & Amphitheater - 120 E. Ocean Avenue Total Rock the Marina $50,000 BOYNTON BEACH NIGHT MARKET Friday, July 31, 2026 & Saturday, August 1, 2026 Centennial Park & Amphitheater - 120 E. Ocean Avenue Total Boynton Beach Night Market $80,000 BON APPETIT BOYNTON BEACH - RESTAURANT MONTH September 2026 Total Bon Appetit Boynton Beach $58,000 EQUIPMENT & SUPPORT $50,000 RIBBON CUTTING/GROUND BREAKINGS $30,000 TOTAL COST OF BUSINESS PROMOTIONS $609,000 ROLLOVER TOTAL COST OF BUSINESS PROMOTIONS $609,000 BOYNTON BEACH CRA FY 2025 - 2026 BUSINESS DEVELOPMENT PROMOTIONS BUDGET - 02-58500-480 587 EVENTS DATE 2025/2026 BUDGET 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. Total Boynton Beach Bucks $53,604 PROMOTIONAL VIDEOS Videos to promote various BBCRA projects and initiatives - Project Spotlights, Bon Appetit Boynton Beach, Business Development Videos, Promotional Activations Total Promotional Videos $50,000 PROMOTIONAL PHOTOS Photos to capture BBCRA projects and initiatives, business features, grand openings, etc. Total Promotional Photos $25,000 BUSINESS BOOSTER PROGRAM A business development program to empower local businesses with the knowledge and tools needed for success and growth through workshops and other specialized activations. Total Business Booster Program $40,000 COMMERCIAL BUSINESS MARKETING GRANT PROGRAM A grant program to provide financial assistance to local businesses who would like to enhance their digital marketing efforts. Total Social Media Outreach Program $50,000 TOTAL COST OF BUSINESS DEVELOPMENT INITIATIVES ►$218,604 BOYNTON BEACH CRA FY 2025-2026 BUSINESS DEVELOPMENT MARKETING BUDGET - 02-58400-445 588 Category FY 2025 QTY FY 2026 Officer Salaries & Incentives *442,098 4 450,652 Officer Benefits-Pension 244,598 4 275,528 Officer Benefits 82,116 4 92,277 Officer Overtime 40,000 4 40,000 Proposed Sergeant Salary & Incentive -1 244,892 Overtime -1 60,000 Total Personnel Costs $ 808,812 $ 1,163,349 Cell Phones Service Plan 3,500 4.75 4,456 Office Supplies / Misc Supplies 2,500 3,000 Office Electric, Cable/ Internet, water/sewage 12,000 12 13,000 Office Space Monthly Maintenance 2,000 12 2,250 Office Cleaning 2,000 12 2,250 Uniform 2,500 4.75 3,469 Community Events/Promotions 6,000 1 7,000 Training 8,500 4.75 10,094 Total Operating Expense $ 39,000 $ 45,519 Misc. Equipment - As needed 4,000 1 5,000 Volcanic 2024 Approach Patrol Bike 3,598 2 - Volcanic Frame Bike Patrol Bags 716 4 - Niterider Digital Patrol LED Police Bike Liight 2,000 4 - Niterider Police Tail Light 280 4 - Total Equipment Costs $ 10,594 $ 5,000 Total Proposed Program Expenses $ 858,406 $ 1,213,868 FY 2026 ILA Amount FY 2026 COMPREHENSIVE ANNUAL BUDGET- CRA NEIGHBORHOOD POLICING PROGRAM Notes Personnel Salary, Education Incentive Pension Healthcare, Dental, Vision, FICA Overtime Salary, Education Incentive (AVG) Operating Expenses Cell Phones for CRA Officers Office Supplies (incl printer/ copier) Monthly Operating Cost AC Filters/Repairs etc. City Cleaning Crew Uniforms,belts Youth Programs CPTED, STEP academy Equipment Misc. Equipment $ 1,213,868 NOTE: All amounts provided by Police Department with exception of Contingency and ILA amount for FY 2025-2026 *Salary and Benefits are subject to change as a result of new FY 2026 PBA Contract. 589 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: August 12, 2025 OLD BUSINESS AGENDA ITEM 14.C SUBJECT: Termination of the Commercial Rent Reimbursement Grant Balance to Dalo Restaurant LLC located at 1017 N. Federal Highway 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. On March 21, 2025 the CRA Board approved a Commercial Rent Reimbursement Grant in the max grant funding of $19,200 to Dalo Restaurant LLC located at 1017 N. Federal Highway, Boynton Beach, FL 33435 (see Attachments I-II). Dalo Restaurant opened in June 2024 serving Caribbean food highlighting fried chicken, griot, fried plantain, rice and beans, and fish with corn meals. Under the terms of their Landlord-Tenant Lease Agreement, the base rent to be paid by the applicant is $3,200 per month (see Attachment III). Dalo Restaurant qualified as a Tier II business (as specified in the grant application) and would receive reimbursement for one-half of their monthly rent amount or maximum grant amount of $1,750 per month for a 12-month period, whichever is less. Grant reimbursement to the approved applicant occur on a monthly basis upon receipt of proof of rent payments. Rent reimbursements began on a monthly basis in June 2024, once the business was open and operating with their City and County Business Tax Receipts. To date, Dalo Restaurant received $17,600 in reimbursements for July 2024-May 2025. On July 21, 2025, CRA staff received an email from Dalo Restaurant stating they closed the restaurant due to lack of business (see Attachment IV). Staff recommends terminating the balance of the grant totaling $1,600 and reallocating it back into the Economic Development Grant project fund line item for future applications. FISCAL IMPACT: FY 2023-2024 Budget, Project Fund, Line Item 02-58400-444, $19,200 CRA PLAN/PROJECT/PROGRAM: 590 •Attachment I - Commercial Rent Reimbursement Grant Application •Attachment II - Location Map •Attachment III - Lease •Attachment IV - Dalo Restaurant Email 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Terminate the Commercial Rent Reimbursement Grant Balance to Dalo Restaurant LLC located at 1017 N. Federal Highway, Boynton Beach, FL 33435. ATTACHMENTS: Description 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 2/7/24, 11:09 AM PAPA Countywide Map https://gis.pbcgov.org/papagis/papa.html#1/1 Reset Select Language ▼ Search by Address, Owner, or PCN Return Property Info Layers Tools & Reports Help View Property Record Print BARRERA MARIA L & BARRERA LUCILA LOCATION 1017 N FEDERAL HWY MUNICIPALITY BOYNTON BEACH PARCEL NO. 08-43-45-21-32-001-0010 SUBDIVISION LAKE ADD TO BOYNTON BOOK/PAGE 13742/1376 SALE DATE MAY-2002 MAILING ADDRESS 3675 N FEDERAL HWY DELRAY BEACH FL 33483 6332 USE TYPE 2100 - RESTAURANT TOTAL SQUARE FEET 364 OWNERS PROPERTY DETAIL 607 608 609 610 611 This Message Is From an External Sender This message came from outside your organization. This Message Is From an Untrusted Sender You have not previously corresponded with this sender. This Message Is From an Untrusted Sender You have not previously corresponded with this sender. From:Dayana beaufrere To:Nicklien, Bonnie Subject:Re: Dayana beaufrere Date:Monday, July 21, 2025 10:00:58 AM Attachments:image501670.pngimage448809.pngimage829279.pngimage436789.pngimage008.jpgimage045501.pngimage908103.pngimage006.pngimage007.pngimage004.pngimage005.pngimage169614.pngimage002.pngimage003.png~WRD3975.jpg image001.png Good morning bonnie ,yes we just closed because they is no business with the new law the government made ,people don’t come buy food anymore they scared. I don’t know if they is anything I have to do with the grant Sent from Yahoo Mail for iPhone On Monday, July 21, 2025, 9:37 AM, Nicklien, Bonnie <NicklienB@bbfl.us> wrote: Hi Dayana, I just received word that the restaurant is closed and you guys moved out? Please let me know the latest. Thank you, Bonnie Bonnie Nicklien Grants and Project Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave.| Boynton Beach, Florida 33435 561-600-9090 |561-737-3258 NicklienB@bbfl.us | https://www.boyntonbeachcra.com America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law, and all correspondence to me via email may be subject to disclosure. Under Florida law, email addresses are public records. Therefore, your email communication and your email address may be subject to public disclosure From: Dayana beaufrere <dayanabeaufrere@yahoo.com> Sent: Tuesday, July 08, 2025 12:23 PMTo: Nicklien, Bonnie <NicklienB@bbfl.us>Subject: Re: Dayana beaufrere Hi the check is not ready yet? Sent from Yahoo Mail for iPhone On Wednesday, July 2, 2025, 12: 42 PM, Dayana beaufrere <dayanabeaufrere@ yahoo. com> wrote: Thank you. Sent from Yahoo Mail for iPhone On Wednesday, July 2, 2025, 9: 35 AM, Nicklien,ZjQcmQRYFpfptBannerStart ZjQcmQRYFpfptBannerEndHi the check is not ready yet? Sent from Yahoo Mail for iPhone On Wednesday, July 2, 2025, 12:42 PM, Dayana beaufrere <dayanabeaufrere@yahoo.com> wrote: Thank you. Sent from Yahoo Mail for iPhone On Wednesday, July 2, 2025, 9:35 AM, Nicklien, Bonnie <NicklienB@bbfl.us> wrote: Received. I will let you know when the check is ready. Bonnie Nicklien Grants and Project ManagerBoynton Beach Community Redevelopment Agency 100 E. Ocean Ave.| Boynton Beach, Florida 33435 561-600-9090 |561-737-3258 NicklienB@bbfl.us | https://www.boyntonbeachcra.com Boynton Beach CRA Twitter page Boynton Beach CRA Facebook page Boynton Beach CRA Instagram Page Image removed by sender. 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: Dayana beaufrere <dayanabeaufrere@yahoo.com> Sent: Wednesday, July 02, 2025 9:28 AMTo: Nicklien, Bonnie <NicklienB@bbfl.us>Subject: Re: Dayana beaufrere Good morning I sent you the may receipt,I don’t know if you received it? Sent from Yahoo Mail for iPhone On Thursday, April 24, 2025, 8: 28 AM, Nicklien, Bonnie <NicklienB@ bbfl. us> wrote: Check is ready at the front desk. Bonnie NicklienZjQcmQRYFpfptBannerStart ZjQcmQRYFpfptBannerEndGood morning I sent you the may receipt,I don’t know if you received it? Sent from Yahoo Mail for iPhone On Thursday, April 24, 2025, 8:28 AM, Nicklien, Bonnie <NicklienB@bbfl.us> wrote: Check is ready at the front desk. Bonnie Nicklien Grants and Project ManagerBoynton Beach Community Redevelopment Agency100 E. Ocean Ave.| Boynton Beach, Florida 33435 561-600-9090 |561-737-3258 NicklienB@bbfl.us | https://www.boyntonbeachcra.com Boynton Beach CRA Twitter page Boynton Beach CRA Facebook page Boynton Beach CRA Instagram Page Image removed by sender. 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: Dayana beaufrere <dayanabeaufrere@yahoo.com> Sent: Thursday, April 17, 2025 10:02 AM To: Nicklien, Bonnie <NicklienB@bbfl.us> Subject: Dayana beaufrere . ZjQcmQRYFpfptBannerStartThis Message Is From an External SenderThis message came from outside your organization. ZjQcmQRYFpfptBannerEnd 612 Sent from my iPhone 613 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: August 12, 2025 OLD BUSINESS AGENDA ITEM 14.D SUBJECT: Discussion and Consideration of the Economic Development Grant Program Guidelines and Applications for Fiscal Year 2025-2026 SUMMARY: In order to provide a financial incentive for our existing and new businesses, the CRA's reimbursable Economic Development Grants provide 50% of the project costs in matching funding for rent assistance 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. Annual review of these grant programs by the Board is undertaken as part of the fiscal year budget planning process and to be current with industry standards and business trends and practices to accommodate the needs of the community. It also ensures that the CRA funds are effectively leveraged with private investments. In preparation for next fiscal year's Economic Development Grant programs, CRA Staff has reviewed the current Commercial Rent Reimbursement Grant Program and Commercial Property Improvement Grant Program and there are no substantive changes to the program guidelines. CRA staff is requesting Board's approval of the Economic Development Grant Programs as presented in Attachments I & II. FISCAL IMPACT: FY 2025-2026 Budget, Project Fund 02-58400-444, Amount to be determined based on budget meetings and discussion CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan, Goals and Principles and Implementation Guide CRA BOARD OPTIONS: 1. Approve the FY 2025-2026 Commercial Rent Reimbursement Grant Program Application and the FY 2025-2026 Commercial Property Improvement Grant Program Application as presented and pending any final review from CRA legal counsel. 614 •Attachment I - FY 25/26 Commercial Property Improvement Grant Program •Attachment II - FY 25/26 Commercial Rent Reimbursement Grant Program 2. Other options or directions as provided by the Board. ATTACHMENTS: Description 615 Initials_______ Page 1 of 16 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9090 www.boyntonbeachcra.com October 1, 2025 – September 30, 2026 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY COMMERCIAL PROPERTY IMPROVEMENT GRANT PROGRAM Program Rules and Regulations The Commercial Property Improvement Grant Program is designed to help facilitate the establishment of new businesses and aid in the expansion of existing businesses within the Boynton Beach Community Redevelopment Agency (the “BBCRA”) Area. The program is designed to provide financial assistance to new and existing businesses in the form of a reimbursable grant intended to reduce the initial costs associated with the design, repair, and rehabilitation of buildings or other improvements in accordance with the BBCRA Community Redevelopment Plan. Improvements paid for by the BBCRA must be permanent and stay with the building. The BBCRA reserves the right to approve or deny any Commercial Property Improvement Grant Program application and to deny payment at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives established for redevelopment of the BBCRA Area. For purposes of this application, the term “new business” means a company in operation for less than one year or relocating to Boynton Beach. The term “existing business” means a company that has been in operation within the BBCRA Area for one year or more at the time of application and has at least two years remaining on its existing lease at the time of Board approval. The term “project” means the eligible exterior or interior improvement project for which the applicant seeks reimbursement. The BBCRA is a public agency and is governed by the “Florida Public Records Law” under Florida State Statutes, Chapter 119. Any documents provided by the Applicant(s) 616 Initials_______ Page 2 of 16 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9090 www.boyntonbeachcra.com may be produced the BBCRA upon receipt of a public records request, subject to any exemptions provided by Florida Law. Incentive Funding The Commercial Property Improvement Grant Program offers financial assistance to the commercial property owner or business owner in the form of a reimbursable, matching grant for 50% of eligible expenses, up to $50,000, associated with the construction or renovation of the exterior and interior elements of the commercial operating space. The applicant may also receive financial assistance for eligible design expenses associated with the project’s architectural, electrical, mechanical, civil, and/or plumbing plans. Applicants are encouraged to take advantage of the City of Boynton Beach’s PACE Program to help defer the cost of installing energy efficient items. Information regarding the PACE Program is available online at: https://www.boynton-beach.org/green- business/pace-business or by contacting the City of Boynton Beach at (561) 742-6494. Applicants are also encouraged to connect with CareerSource Palm Beach County which is a State organization providing various free programs to assist Palm Beach County businesses. CareerSource Palm Beach County has a dedicated team of career counselors, business coaches and training providers to help area businesses stay competitive through training grants and talent acquisitions and also provide assistance in posting available jobs, recruiting and hiring, and training opportunities. For more information regarding CareerSource Palm Beach County visit their website at careersourcepbc.com. Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding: • Applicant must be the business entity (or d/b/a) named and the principal owners named on the corporation documents, and must be the landlord or business owner of the company occupying the property to be improved. • Must be located within the BBCRA Area (see attached map). • Must provide proof that the commercial business is properly licensed by all necessary levels of government and professional associations or agencies (copies of City and County licenses or receipts that the licenses have been applied for). • Improvements to non-profit and residentially zoned properties are NOT eligible expenses. 617 Initials_______ Page 3 of 16 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9090 www.boyntonbeachcra.com • Applicant must have an executed multi-year lease with at least two years remaining on the lease at the time of BBCRA Board approval. • Proposed leases must be executed within 30 days of BBCRA Board approval or the grant award is terminated. • The Applicant’s Experian consumer credit report must reflect an acceptable level of financial stability, as determined in the sole discretion of the BBCRA. A copy of the consumer report will be provided to the applicant upon request. Applicants must have an Experian credit score of 601 or higher and have no listed history of bankruptcy to be eligible. If there is more than one business owner, the majority of the business owners must have credit scores of 601 or higher to be eligible. • All work must be done in compliance with applicable City of Boynton Beach Building Codes and Land Development Regulations. All contractors must be licensed as required to work in Boynton Beach and/or Palm Beach County. For any projects valued more than $250,000 (based on the project’s construction value as it appears on the Palm Beach County-Wide/Municipal Building Permit Application Form submitted to the City of Boynton Beach), preference will be given to projects that will use contractors with an office in Palm Beach County. Please contact the City of Boynton Beach Development Department regarding the proposed work to be performed prior to submitting a grant application. • Grant funding amounts will be based on the applicant’s project budget, specified at the time of the BBCRA Board approval, plus an added 20% contingency funding amount (for a total not to exceed the maximum eligible grant amount). • Grant funds will be reimbursed exclusively for approved work and approved change orders. • The Commercial Property Improvement Grant Program may only be used one time in any five-year period for any one property. Entities hoping to improve properties that were previously improved using a BBCRA improvement grant may apply for additional grants any time after five years from previous grant approval. However, Tier II commercial property owners may apply for grant funding for eligible exterior improvements, which will not affect the eligibility of the lessee business entities to apply for grant funding for eligible interior improvements. • In order to qualify for the grant, the subject property may not have any outstanding City of Boynton Beach liens at the time the applicant seeks reimbursement. To ensure that the property does not have any outstanding liens, violations or monies owed for utilities, the BBCRA will perform a lien search on the property at a cost of $140.00, which will be deducted from any grant funding awarded to the recipient. In the event that there is an outstanding lien against the property, the grant will not be awarded until the complete satisfaction of the lien. 618 Initials_______ Page 4 of 16 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9090 www.boyntonbeachcra.com • In order to receive the full amount of any awarded grant, the property owner or tenant must complete the project, obtain a Certificate of Occupancy/Completion from the City of Boynton Beach, and submit for reimbursement within 180 days of the issuance date of the permit for the project. (As further described below, applicants may request reimbursement for up to 50% of their grant award prior to completion of the project.) If BBCRA Board approves grant funding and the work being performed does not require a permit, the Certificate of Completion (or equivalent) and application for reimbursement must be within 180 days of the grant award. Failure to complete the improvements within the specified time frame will result in termination of the grant award, at which point the BBCRA will no longer make payments for any reimbursement requests, regardless of whether the request was submitted prior to the termination of the grant. Only one 90-day administrative extension will be permitted, and the BBCRA has the sole and absolute discretion to grant or deny such extension. • Project items completed and paid for by the applicant more than 60 days prior to grant approval by the BBCRA Board are not eligible for reimbursement under the grant program. A complete application must be received within 60 days of payment in order for an expense to be eligible for reimbursement. Once a complete application is received, the application will be placed on the next available agenda for review and potential approval. • Grant funding may not be used for design fees alone. Grant funding for design fees will only be awarded when the grant funding will also be used for physical property improvements. Conversely, grant funding may be awarded for physical property improvements even if no funding for design funding is requested. The BBCRA may elect to fund only physical property improvements even if design funding is requested. • BBCRA Board approval of this grant results only in funding. Approval of BBCRA grant funding is NOT approval of any type of City processes including, but not limited to, permits and site plan modification. Applicants must apply for permits and site plan modification through the appropriate departments at the City. Permitting and site plan modification reviews are required for all commercial projects. It is the responsibility of the applicant to obtain all necessary City approvals. • Grantees shall allow the BBCRA the rights and use of photos and project application materials. • The BBCRA Board may give preference to local businesses. For purposes of this grant, local business means a duly licensed business entity with an office location in Palm Beach County. 619 Initials_______ Page 5 of 16 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9090 www.boyntonbeachcra.com • Anti-Human Trafficking. Prior to the execution of this Agreement, or any renewal and/or extension thereto, the Grantee shall attest under penalty of perjury, that it does not use coercion for labor or services as defined in Section 787.06(2), Florida Statutes. Attestations shall be documented using an Anti-Human Trafficking Affidavit as provided by the CRA. Projects and items eligible for funding under this grant program are limited to: • Structural walls • Plumbing • Flooring • Grease trap installation • HVAC system • ADA Improvements • Electrical systems, including exterior and interior lighting • Patio decks connected to the building • Doors/windows • Roofing (Not to exceed 50% of total grant award) • Landscaping and irrigation within the project site • Awnings • Parking lot re-paving, re-sealing, and/or restriping • Painting • Security cameras/system** (not including security personnel) • Fencing (excluding chain link, barbed wire, and wood panels) • Demolition of structure and re-sodding of vacant property • Electric vehicle charging stations • Hood & fire suppression • Solar electricity and water heating • Signage • Design fees associated with architectural, electrical, civil, plumbing and mechanical site plans • Permit fees for eligible property improvements included as part of the licensed contractor’s contract/invoice ** Notwithstanding the limitation that grants may only be used once every five years for any one property, previous grant recipients that received less than the maximum amount of grant funding from Commercial Property Improvement Grants or Economic Development Grants are eligible to reapply to receive 50% matching reimbursable funding in an amount not to exceed $3,000 for the installation of new security cameras/systems. Ineligible Businesses The following businesses are considered ineligible for assistance under the Commercial Property Improvement Grant Program: 620 Initials_______ Page 6 of 16 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9090 www.boyntonbeachcra.com • Massage/Personal Services • Firearm Sales/Shooting Ranges • Medical Research Centers/Housing • Massage/Personal Services • Religion- Affiliated Retail Stores • Churches/places of worships • Non-profit Organizations • Adult Gambling Arcades • Check Cashing Stores • Adult Entertainment • Political offices, campaign headquarters, or other businesses focused on politics or political operations • Alcohol and/or Drug Rehabilitation Centers/Housing • Vapor/E-Cigarette Stores • CBD Retail Stores • Any other use that the BBCRA staff or BBCRA Board determine will not support the redevelopment of the BBCRA Area Grant Terms and Conditions This grant is divided into three tiers of eligibility. Businesses are classified into tiers based on the type of business, which then determines the amount of eligible funding. All reimbursement checks from the BBCRA to the successful applicant will be made out to the applicant (the business entity). Grant funding amounts will be based on the applicant’s project budget specified at the time of BBCRA Board approval, plus an added 20% for contingency funding, the total of which may not exceed the maximum amount of grant funding for which the project is eligible. Tier One Business Tier One Businesses are eligible for reimbursement of 50% of the applicant’s project budget as specified at the time of BBCRA Board approval, up to a maximum amount of $50,000 in grant funding. Tier One Businesses must be one of the following types of business: • Restaurant • Gourmet Food Market • Bakery/Coffee Shop • Hotels/Motels/Bed and Breakfast (the Board will grant no more than four approvals in this category per fiscal year; short term vacation rentals are not eligible) 621 Initials_______ Page 7 of 16 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9090 www.boyntonbeachcra.com Tier Two Business Tier Two Businesses are eligible for reimbursement of 50% of the applicant’s project budget as specified at the time of BBCRA Board approval, up to a maximum amount of $25,000 in grant funding. Examples of Tier Two Businesses include, but are not limited to, the following types of businesses: • Professional Offices (real estate, law, architect, accountant, insurance, marketing etc.) • Take-Out Restaurants • Services (lockshops, appliance repair, etc.) • Medical Offices (dentists, primary care, counseling, etc.) • Laundry/Dry Cleaner facility • Retail (clothing, art, accessories) • Hair/Nail Salons (no more than 2 approvals per fiscal year) • Florists (no more than 2 approvals per fiscal year) • Fitness Centers • Specialty Businesses (daycare, ice-cream shop, pet grooming, event planning) • Tattoo Parlor/Body Piercing/Art Shop (no more than two approvals per fiscal year) • Industrial Uses/Art District • Auto Services Facilities – repair, storage, sales, etc. • Commercial property with multiple tenants seeking only façade improvements Tier Three Business (Tier Three Businesses will receive no more than two approvals per fiscal year and improvements must be for commercial façade or security improvements). Tier Three Businesses are subject to BBCRA Board for review and approval. Tier Three Businesses eligible for reimbursement of 50% of the applicant’s project budget as specified at the time of BBCRA Board approval, up to a maximum amount of $15,000 in grant funding. Tier Three Businesses must be one of the following types of businesses: • Kava Tea Bar • Convenience Stores • Pawn Shops • Liquor Store • Laundry/Dry Cleaner facility 622 Initials_______ Page 8 of 16 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9090 www.boyntonbeachcra.com Tier One & Tier Two Businesses Grant Funding for Design Fees Tier One and Tier Two businesses are eligible to apply for funding assistance related to the design fees for architectural, electrical, civil mechanical and/or plumbing improvements. These design fees shall be for eligible property improvements as defined on page 5 of this grant application. Applicants are eligible to receive reimbursement of 50% of the applicant’s project budget as specified at the time of BBCRA Board approval, up to a maximum amount of $10,000 for the design expenses associated with the project’s architectural, electrical, mechanical, civil, and/or plumbing plans. If the design fees were paid for prior to BBCRA Board approval, the applicant may request 50% reimbursement for design fees if the final payments were made no more than 180 days prior to Board approval. Lease Terms If the applicant is a tenant, it must have a proposed or executed multi-year lease with a minimum of two years remaining on lease at the time of Board approval. The commercial lease must define the landlord-tenant relationship and at minimum provide the following information: • A description of the space being rented, including square footage and a drawing of the space; • Description of utilities that are the tenant’s responsibility; • Rental rate and deposits along with terms of lease and methodology for future rent increases; • Responsible party for interior and exterior repairs and/or improvements; • Insurance requirements; • Ability to terminate; and • Consequences of default on the lease. Application Process Applications can be submitted online at www.boytonbeachcra.com. All applicants are required to meet with BBCRA staff in order to determine eligibility before submitting an application. Applications will not be considered until all required documentation is submitted to the BBCRA office. Application to this grant program is not a guarantee of funding. Funding is at the sole discretion of the BBCRA Board. 623 Initials_______ Page 9 of 16 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9090 www.boyntonbeachcra.com Applicants may submit complete applications via email or mail hard copies of the application with all materials to the BBCRA for review and approval by the BBCRA Board, however online submissions are preferred. Applicants will be considered on a first-come, first-serve basis. Application packets must include the following documentation: 1. A non-refundable fee of $100, which will be used to obtain a consumer credit report on the business and principal/owners of business. Make check payable to: Boynton Beach CRA. 2. Provide 2-3 sentence mission statement for the applying business entity. If the applicant is a commercial property owner, provide a brief history of the property and the current tenants of the space. This will be used as a way to introduce your business to the BBCRA Board. 3. Cost estimate(s) from a licensed contractor(s) as specified in the applicant’s project budget. It must list all project costs for which the applicant is requesting reimbursement. The project budget must provide a total cost of the project. 4. If design funding is requested, cost estimate(s) from a qualified licensed design professional. The cost estimate must include: scope of work, the business name and business address of project, and the license number of the design professional. 5. Copy of design and construction plans associated with the proposed improvements. 6. Copy of building permit receipt/application. If the permit has not been applied for prior to submission of the grant application, a copy of the building permit receipt is due within 120 days of grant approval, or the grant award may be terminated. Applicants may apply for one 60-day administrative extension to meet this requirement, and the BBCRA has the sole and absolute discretion to grant or deny such extension. Any extension granted under this paragraph is for this requirement only and does not extend any other deadline related to the grant. 7. Resume for each principal/owner of the business. 8. Copy of the corporate documents for the applying business entity. 9. Copy of executed multi-year commercial lease agreement. 10. Copy of Warranty Deed. 11. Two years of corporate tax returns (for existing businesses only). 12. Two years of personal tax returns for the principal/owners of a new business (if no corporate tax returns). 13. List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. 624 Initials_______ Page 10 of 16 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9090 www.boyntonbeachcra.com 14. A minimum of four color digital “before” photos of the exterior and interior portions of the project. 15. Initialed and signed Program Rules & Regulations (pages 1-16). 16. Authorization to perform credit check for the business and each principal/owner of the business. 17. W9 Form and Grant Intake Form. 18. City Planning and Development Department Acknowledgement Form. 19. City Permit Department Acknowledgement Form. The above referenced City Forms (line 18 and 19) must be completed and submitted to the appropriate departments, which are located at City Hall, 100 East Ocean Avenue, Building Department, Boynton Beach, FL 33435. Phone (561) 742–6350. Approval of Funding Request All required documentation must be submitted no later than noon two weeks prior to the second Tuesday of the month. BBCRA staff will review the application to evaluate whether the project is eligible for reimbursement. If it meets these requirements, BBCRA staff will present the funding request to the BBCRA Board for review and potential approval. The BBCRA Board meets on the second Tuesday of each month at the Commission Chambers located in City Hall at 100 East Ocean Avenue, Boynton Beach, FL 33435. The schedule for BBCRA Board meetings can be obtained at www.boyntonbeachcra.com. Applicants will be notified of the date and time that their applications will be considered by the BBCRA Board. The BBCRA recommends that applicants attend the BBCRA Board meeting during which the Board will consider their applications in order to answer any questions the BBCRA Board may have regarding their applications. BBCRA staff will notify the applicant of the BBCRA Board’s approval or denial in writing. Site Visits BBCRA may conduct a site visit prior to transmitting the application to the BBCRA Board and once the project is completed. Staff may also conduct unannounced site visits before, during, and after the project in order to determine and ensure compliance with the terms of the grant. 625 Initials_______ Page 11 of 16 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9090 www.boyntonbeachcra.com Procedures for Design Reimbursement This portion of the program is designed to reimburse applicants for design fees associated with the property improvements provided for in this grant. Funds must be paid to qualified design professionals licensed by the State of Florida in order to be eligible for reimbursement. Funds paid to licensed design professionals acting as subcontractors are also eligible for reimbursement. The reimbursement request shall be summarized in a report and accompanied by the following documentation for the completed design work: 1. Copy of contract/scope of work with design professional. 2. Paid invoice describing work completed. 3. Copy of final design plans (pdf copy preferred). 4. Proof of payment(s) totaling contract amount, Payments in cash and/or cryptocurrency are not eligible for reimbursement. a. Each item must be supported by a cancelled check showing the face of the check, as well as the back of the cancelled check. The only forms of cash payments that are acceptable as evidence of payments are cashier’s checks and bank transfers. A copy of the cashier’s check to the payee must be provided as proof of payment. If payment is being made by a bank transfer, a copy of the statement from both payer and payee showing the transaction and/or copy of the email/text verification from both parties. b. Electronic payments must be in the name of the applicant and show the transaction date, amount, account name and recipient of payment. 5. Proof of permit application for (or including) item designed. Procedures for Property Improvement Reimbursement This portion of the program is designed as a matching 50% reimbursable grant. All work for which reimbursement is sought must be completed and paid for by the applicant prior to the release of BBCRA funds. The applicant may request reimbursement for partial payments throughout the project for up to 50% of grant award. The remaining 50% of grant funding will be held until the project is completed according to the City of Boynton Beach Building Department, and if applicable, a certificate of occupancy has been issued, at which point the applicant may submit a final reimbursement request. The BBCRA will provide reimbursement to the applicant upon submittal of a complete reimbursement request package. 626 Initials_______ Page 12 of 16 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9090 www.boyntonbeachcra.com All reimbursement requests and supporting documents must be submitted to the BBCRA (3) days prior to the grant expiration date. The BBCRA may refuse to issue grant funding if the submission is not received by the specified time. Once the work is completed the reimbursement request shall be summarized in a report and accompanied by the following documentation: 1. Invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked “paid in full.” Proposals for “work to be completed” or “bids” are not considered proper documentation. Payments in cash and/or cryptocurrency are not eligible for reimbursement. a. Each item must be supported by a cancelled check showing the face of the check, as well as the back of the cancelled check. The only forms of cash payments that are acceptable as evidence of payments are cashier’s checks and bank transfers. A copy of the cashier’s check to the payee must be provided as proof of payment. If payment is being made by a bank transfer, a copy of the statement from both payer and payee showing the transaction and/or copy of the email/text verification from both parties. b. Electronic payments must be in the name of the applicant and show the transaction date, amount, account name and recipient of payment. 2. Copy of City of Boynton Beach and Palm Beach County licenses (Business Tax Receipt). 3. For partial reimbursement requests, a Partial Release of Lien from licensed contractors must be submitted. 4. For the final reimbursement request, the following must also be submitted: a. A “final release of lien” signed by each licensed contractor(s). See attached Sample of a Final Release of Lien form. 5. A minimum of 4 color digital “after” photos of the project. 6. A copy of the Certificate of Occupancy/Completion. 7. All in project costs to open or renovate the business for reporting of public to private dollar match. By submitting the final reimbursement request, the applicant warrants that all bills for which applicant is directly responsible related to the project are paid in full including, but not limited to, all contractors, labor, materials, related fees and permits. Grantees may not submit work improvements for reimbursement that have been used as part of a reimbursement request for any other grant program offered by the BBCRA, City of Boynton Beach, Palm Beach County or the State of Florida. The Commercial Property 627 Initials_______ Page 13 of 16 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9090 www.boyntonbeachcra.com Improvement Grant Program will only reimburse applicants for new expenditures that have not been submitted to other grant programs for reimbursement. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program’s Rules/Requirements and Application. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the project and landlords. Nor shall issuance of a grant result in any obligation on the part of the BBCRA to any third party. The BBCRA is not required to verify that entities that have contracted with the applicant have been paid in full, or that such entities have paid any subcontractors in full. Applicant’s warranty that all bills related to the Project for which the applicant is directly responsible have been paid is sufficient assurance for the BBCRA to award grant funding. CERTIFICATION AND WAIVER OF PRIVACY: For purposes of this certification and waiver of privacy, the term “I” refers to the applicant and to all signatories below individually. By signing below, each signatory represents and confirms that he or she is authorized to sign on behalf of the applicant(s). I, the undersigned applicant(s), certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Property Improvement Grant Program, and it is true and complete to the best of my knowledge and belief. I further certify that I am aware of the fact that I can be penalized to the maximum extent permitted by law for making false statements or presenting false information. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Beach Community Redevelopment Agency Commercial Property Improvement Grant Program Rules and Requirements. I understand that this application is not a guarantee of grant assistance, and that award of grants is at the sole discretion of the Boynton Beach Community Redevelopment Agency Board. I understand that the purpose of the grant is to further the Boynton Beach Community Redevelopment Plan, and that the Boynton Beach Community 628 Initials_______ Page 14 of 16 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9090 www.boyntonbeachcra.com Redevelopment Agency may decline my application for any legal reason, including the reason that granting the award will not further the Community Redevelopment Plan. Should my application be approved, I understand that the Boynton Beach Community Redevelopment Agency may, at its sole discretion, discontinue grant payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer in furtherance of the Boynton Beach Community Redevelopment Plan. To the maximum extent possible, I hereby waive my rights to privacy and confidentiality for all matters contained in this application, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employers or other public or private agency to disclose information deemed necessary to complete this application. I specifically authorize the BBCRA to run a credit report as part of this application, and understand that information in my credit report, including a record of bankruptcy, may disqualify me from obtaining grant funding. I give permission to the BBCRA or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application are found to be incomplete, it will be not processed. Business Information: Business Name (and d/b/a if applicable): _____________________________________ _____________________________________ Boynton Beach Business Address: _____________________________________ _____________________________________ Applicant Contact Phone Number: _____________________________________ 629 APPLICANT INFORMATION Page 15 of 16 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9090 www.boyntonbeachcra.com APPLICANT SIGNATURES: 1. _____________________________________________________________________________ Principal/Owner’s Signature Date _____________________________________________________________________________ Printed Name Title 2. ______________________________________________________________________________ Principal/Owner’s Signature Date ______________________________________________________________________________ Printed Name Title 3. ______________________________________________________________________________ Principal/Owner’s Signature Date ______________________________________________________________________________ Printed Name Title 4. ______________________________________________________________________________ Principal/Owner’s Signature Date ______________________________________________________________________________ Printed Name Title Notary as to Principal/Owner’s Signatures - Multiple notary pages may be used if signing individually STATE OF ______________________________ COUNTY OF ________________________________ BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared__________________________________, who is/are personally known to me or produced______________________________________________ as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this ______________________ day of __________________________, 20_____. _________________________ NOTARY PUBLIC My Commission Expires: 630 LANDLORD INFORMATION Page 16 of 16 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9090 www.boyntonbeachcra.com LANDLORD SIGNATURES: By signing below, Landlord consents to the submittal of this application and understands that approval of the application may fund physical alterations to the property. Landlord understands that approval of this application does not grant Landlord any rights whatsoever, and specifically understands that approval of this application by the BBCRA does not entitle Landlord to seek payment or other recourse from the BBCRA. 1. _________________________________________________________________________ Landlord’s Signature Date _________________________________________________________________________ Printed Name Title 2. _________________________________________________________________________ Landlord’s Signature Date _________________________________________________________________________ Printed Name Title Notary as to Principal/Owner’s Signatures - Multiple notary pages may be used if signing individually STATE OF ______________________________ COUNTY OF ________________________________ BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared __________________________________, who is/are personally known to me or produced______________________________________ as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this ______________________ day of __________________________, 20_____. _________________________ NOTARY PUBLIC My Commission Expires: 631 Initials ______ Page 1 of 13 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9090 www.boyntonbeachcra.com October 1, 2025 – September 30, 2026 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY COMMERCIAL RENT REIMBURSEMENT GRANT PROGRAM Program Rules and Regulations The Commercial Rent Reimbursement Grant Program is designed to help facilitate the establishment of new businesses and aid in the expansion of existing businesses within the Boynton Beach Community Redevelopment Agency (the “BBCRA”) Area. The program is designed to provide financial assistance to new and existing businesses in the form of rent reimbursement intended to help businesses during the critical first year of operation or expansion. The BBCRA reserves the right to approve or deny any Commercial Rent Reimbursement Grant Program application and to deny payment at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives established for redevelopment of the BBCRA Area. The receipt of past payments is not a guarantee of future payments. For purposes of this application, the term “new business” means a company in operation for less than one year or relocating to Boynton Beach. The term “existing business” means a company that has been in operation within the BBCRA Area for a minimum of two years at the time of application and has at least two years remaining on its existing lease at the time of Board approval. The BBCRA is a public agency and is governed by the “Florida Public Records Law” under Florida State Statutes, Chapter 119. Any documents provided by the Applicant(s) may be produced by the BBCRA upon receipt of a public records request, subject to any exemptions provided by Florida Law. 632 Initials ______ Page 2 of 13 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9090 www.boyntonbeachcra.com Incentive Funding The Commercial Rent Reimbursement Grant Program offers financial assistance through a reimbursable grant in the form of a monthly rent reimbursement for the first 12 months of business. New businesses are eligible to apply for assistance for up to one year from the issuance of the City of Boynton Beach Business Tax Receipt. Rent Reimbursements will not be paid until all construction has ended, permits are closed out, City and County licenses are obtained, and the business is open for operation under a Temporary Certificate of Occupancy (TCO) or a Certificate of Occupancy (CO). However, if the construction is for expansion of an existing business, and the existing business property remains open during construction of the expansion, the Applicant is eligible to receive rent reimbursement for the portion of the business that is not under construction so long as that portion remains operational during construction. For businesses that do not require any construction work, rent reimbursements will not be paid until City and County licenses are obtained and the business is open for operation. On a monthly basis, the BBCRA will issue reimbursement directly to the applicant. Reimbursement is for the monthly rent payment made to the landlord, and is dependent upon receipt of verification that the payment has been cleared by the bank. CASH AND/OR CRYPTOCURRENCY PAYMENTS are not eligible for reimbursement. The responsibility for all rental payments is between the parties to the lease, (the tenant and the landlord). As grantor, the BBCRA does not bear or accept any responsibility for payment of rent at any time, or for penalties incurred for the late arrival of payments by any party. Applicants are also encouraged to connect with CareerSource Palm Beach County which is a State organization providing various free programs to assist Palm Beach County businesses. CareerSource Palm Beach County has a dedicated team of career counselors, business coaches and training providers to help area businesses stay competitive through training grants and talent acquisitions, and also provide assistance in posting available jobs, recruiting and hiring, and training opportunities. For more information regarding CareerSource Palm Beach County visit their website at careersourcepbc.com. 633 Initials ______ Page 3 of 13 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9090 www.boyntonbeachcra.com Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding: • Applicant must be a new business, or an existing business that is expanding in size. • Applicant must be the business entity (or d/b/a) named and the principal owners named on the corporation documents, and must be the landlord or business owner of the company occupying the property to be improved. • Must be located within the BBCRA Area (see attached map). • Must provide proof that the business is properly licensed by all necessary levels of government and professional associations or agencies (copies of city and county licenses or receipts that the licenses have been applied for). • Non-profit and residentially zoned properties are NOT eligible. • The Commercial Rent Reimbursement Grant Program may only be used one time by any one specific business entity or business owner unless the existing business is expanding as defined in this grant application • An existing business must expand to occupy more than 50% of its current square footage size or open a second location within the BBCRA Area. Verification of this threshold must be provided in the application package. Exceptions to this rule may be made at the discretion of the BBCRA Board if the tenant is losing their current space due to redevelopment of the site. • The Applicant’s Experian consumer credit report must reflect an acceptable level of financial stability, as determined in the sole discretion of the BBCRA Applicants must have an Experian credit score of 601 or higher and have no listed history of bankruptcy to be eligible. If there is more than one business owner, the majority of the business owners must have credit scores of 601 or higher to be eligible. • Applicant must have an executed multi-year lease with at least two years remaining on the lease at the time of BBCRA Board approval. • Proposed leases must be executed within 30 days of BBCRA Board approval or the grant award is terminated. • Grantees shall allow the BBCRA the rights and use of photos and project application materials. • The BBCRA Board may give preference to local businesses. For purposes of this grant, local business means a duly licensed business entity with an office location in Palm Beach County. 634 Initials ______ Page 4 of 13 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9090 www.boyntonbeachcra.com • Anti-Human Trafficking. Prior to the execution of this Agreement, or any renewal and/or extension thereto, the Grantee shall attest under penalty of perjury, that it does not use coercion for labor or services as defined in Section 787.06(2), Florida Statutes. Attestations shall be documented using an Anti-Human Trafficking Affidavit as provided by the CRA. Ineligible Businesses The following businesses are considered ineligible for assistance under the Commercial Rent Reimbursement Grant Program: • Firearm Sales/Shooting Range • Convenience Store • Religion-Affiliated Retail Stores • Churches/places of worship • Non-profit organizations • Medical Research Centers/Housing • Check Cashing Stores • Kava Tea Bars • Tattoo Shops / Body Piercing / Body Art Shops • Adult Entertainment • Liquor Stores • Adult Arcades • Vapor Cigarette, E Cigarette Stores • Alcohol and/or Drug Rehabilitation Centers/Housing • Massage/Personal Services • Auto Services Facilities – repair, storage, sales, etc • CBD Retail Stores, etc. • Pawn Shops • Political offices, campaign headquarters, or other businesses focused on politics or political operations • Any other use that the BBCRA staff or BBCRA Board determine will not support the redevelopment of the BBCRA Area Grant Terms and Conditions This grant is divided into two tiers of eligibility. Businesses are classified into tiers based on the type of business, which then determines the amount of eligible funding. Grant funding amounts will be based on the applicant’s project budget specified at the time of BBCRA Board approval. Tier One Business Tier One Businesses are eligible for reimbursement for up to half (50%) of the business’ base monthly rent plus half of the Common Area Maintenance fee (if applicable), or $2,000 per month, whichever is less. The maximum amount of the grant is $24,000, 635 Initials ______ Page 5 of 13 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9090 www.boyntonbeachcra.com distributed in 12 monthly payments. Utilities and property taxes are ineligible for reimbursement. Tier One Businesses must be one of the following types of businesses: • Restaurant • Gourmet Food Market • Bakery/Coffee Shop • Hotels/Motels/Bed and Breakfast (the Board will grant no more than four approvals in this category per fiscal year; short term vacation rentals are not eligible) Tier Two Business Tier Two Businesses are eligible for reimbursement for up to half (50%) of the business’s base monthly rent plus half of the Common Area Maintenance fee (if applicable), or $1,750 per month, whichever is less. The maximum amount of the grant is $21,000, distributed in 12 monthly payments. Utilities and property taxes are ineligible for reimbursement. Examples of Tier Two Businesses include, but are not limited to, the following types of businesses: • Professional Offices (real estate, law, architect, accountant, insurance, marketing etc.) • Take-Out Restaurants • Services (lockshops, appliance repair, etc.) • Medical Offices (dentists, primary care, counseling, etc.) • Laundry/Dry Cleaner facility • Retail (clothing, art, accessories) • Hair/Nail Salons (no more than 2 approvals per fiscal year) • Florists (no more than 2 approvals per fiscal year) • Fitness Centers • Specialty Businesses (daycare, ice-cream shop, pet grooming, event planning) • Industrial Uses/Art District (excluding auto repair/sales) Lease Terms If the applicant is a tenant, it must have a proposed or executed multi-year lease with a minimum of two years remaining on the lease at the time of Board approval. The commercial lease must define the landlord-tenant relationship and at minimum provide the following information: • A description of the space being rented, including square footage and a drawing of the space; 636 Initials ______ Page 6 of 13 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9090 www.boyntonbeachcra.com • Description of utilities that are the tenant’s responsibility; • Rental rate and deposits along with terms of lease and methodology for future rent increases; • Responsible party for interior and exterior repairs and/or improvements; • Insurance requirements; • Ability to terminate; and • Consequences of default on the lease. For purposes of this paragraph, the term “subject property” means the leased premises of the grant recipient, for which the applicant or grant recipient is seeking rental reimbursement, or any part thereof. Grant recipients are prohibited from subletting the subject property. If a grant recipient sublets the property, the grant recipient will be required to repay the BBCRA for all grant money received up to that point and will not be eligible to receive any further grant funding. For purposes of this grant, the BBCRA considers the following to be subletting: A) executing a sublease, assignment, or similar agreement with an entity that is not the grant recipient; B) allowing the subject property to be occupied by any business entity in which the grant recipient is not listed as the registered agent, owner, officer or director of said business, or assisting such a business in so doing; C) allowing or assisting a business entity other than the grant recipient to list its place of business as the subject property; or D) allowing or assisting a business entity other than the grant recipient to obtain a business tax license from the City of Boynton Beach for the subject property. The fact that a business entity other than the grant recipient occupies the subject property, lists its place of business as the subject property, obtains a business tax license for the subject property, or similarly appears to use the subject property is sufficient evidence that the grant recipient has allowed or assisted such other business entity to do so and is grounds for termination of any further grant payments and seeking reimbursement for previously paid grant payments. However, it shall not be considered a prohibited subleasing when the business purpose of the applicant is to provide a space for aspiring businesses, such as when the applicant is a business incubator, commissary kitchen, or business that provides co-op workspace. The BBCRA will determine whether a certain applicant fits into the exception described in this paragraph on a case-by-case basis. 637 Initials ______ Page 7 of 13 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9090 www.boyntonbeachcra.com Application Process Applications can be submitted online at www.boyntonbeachcra.com. All applicants are required to meet with BBCRA staff in order to determine eligibility before submitting an application. Applications will not be considered until all required documentation is submitted to the BBCRA office. Application to this grant program is not a guarantee of funding. Funding is at the sole discretion of the BBCRA Board. Applicants may submit complete applications via email or mail hard copies of the application with all materials to the BBCRA for review and approval by the BBCRA Board, however online submissions are preferred. Applicants will be considered on a first-come, first-served basis. Application packets must include the following documentation: 1. A non-refundable fee of $100, which will be used to obtain a consumer credit report on the business and principal/owners of business. Make check payable to: Boynton Beach CRA. 2. Provide a 2-3 sentence mission statement for the applying business entity. This will be used as a way to introduce the business to the BBCRA Board. 3. Resume for each principal/owner of the business. 4. Copy of the corporate documents for the applying business entity. 5. Copy of City and County Business Licenses (Business Tax Receipt). 6. Copy of executed multi-year commercial lease agreement. 7. Two years of corporate tax returns (for existing businesses only). 8. Two years of personal tax returns for the principal/owners of a new business (if no corporate tax returns). 9. List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. 10. If applicant is an existing business expanding to occupy more than 50% of its current square footage size, verification of this threshold must be provided in the application package. Exceptions to this rule may be made at the discretion of the BBCRA Board if the tenant is losing their current space due to redevelopment of the site. 11. Initialed and signed Program Rules & Regulations (pages 1-12). 12. Authorization to perform credit check for the business and each principal/owner of the business. 13. W9 Form and Grant Intake Form. 638 Initials ______ Page 8 of 13 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9090 www.boyntonbeachcra.com Approval of Funding Request All required application documentation must be submitted no later than noon two weeks prior to the second Tuesday of the month. BBCRA staff will review the application to evaluate whether the applicant is eligible for reimbursement. If it meets these requirements, BBCRA staff will present the funding request to the BBCRA Board for review and potential approval. The BBCRA Board meets on the second Tuesday of each month. The schedule for BBCRA Board meetings can be obtained at www.boyntonbeachcra.com. Applicants will be notified of the date and time that their applications will be considered by the BBCRA Board. The BBCRA recommends that applicants attend the BBCRA Board meeting during which the Board will consider their applications in order to answer any questions the BBCRA Board may have regarding their applications. BBCRA staff will notify the applicant of the BBCRA Board’s approval or denial in writing. Site Visits BBCRA may conduct a site visit prior to transmitting the application to the BBCRA Board and once the project is completed. Staff may also conduct unannounced site visits before, during and after the project in order to determine and ensure compliance with the terms of the grant. Procedures for Reimbursement Monthly rent reimbursement payments will be provided to the grant recipient beginning the first month the business is open for operation subsequent to BBCRA Board approval. A maximum of 12 consecutive monthly rent payments are eligible to be reimbursed to the approved applicant. Reimbursement will occur on a monthly basis. Following the initial Reimbursement Request, each reimbursement request shall be made within 30 days of the start of the next month. In order to receive monthly rent reimbursement the grant applicant must submit the following: 1. Written request for reimbursement. 639 Initials ______ Page 9 of 13 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9090 www.boyntonbeachcra.com 2. Proof of rent payments (i.e., copies of the front and back of cancelled checks for that month’s reimbursement or proof of direct deposit). CASH AND/OR CRYPTOCURRENCY PAYMENTS for rent are not eligible for reimbursement. If applicant does not submit its monthly reimbursement request within 30 days following the end of the next month in which applicant is requesting reimbursement, applicant forfeits that month’s reimbursement. Discontinuation of Payment The receipt of past payments does not guarantee future payments. The BBCRA retains the right to discontinue rent reimbursement payments at any time at its sole and absolute discretion. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program’s Rules/Requirements and Application. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including landlords and parties that performed work on the property. Nor shall issuance of a grant result in any obligation on the part of the BBCRA to any third party. The BBCRA is not required to verify that entities that have contracted with the applicant or applicant’s landlord have been paid in full, or that such entities have paid any subcontractors in full. Applicant’s submittal of verification that monthly rental payments have been cleared by the bank is sufficient assurance for the BBCRA to award grant funding. CERTIFICATION AND WAIVER OF PRIVACY: For purposes of this certification and waiver of privacy, the term “I” refers to the applicant and to all signatories below individually. By signing below, each signatory represents and confirms that he or she is authorized to sign on behalf of the applicant(s). I, the undersigned applicant(s), certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency 640 Initials ______ Page 10 of 13 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9090 www.boyntonbeachcra.com Commercial Rent Reimbursement Grant Program, and it is true and complete to the best of my knowledge and belief. I further certify that I am aware of the fact that I can be penalized to the maximum extent permitted by law for making false statements or presenting false information. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Beach Community Redevelopment Agency Commercial Rent Reimbursement Grant Program Rules and Requirements. I understand that this application is not a guarantee of grant assistance, and that award of grants is at the sole discretion of the Boynton Beach Community Redevelopment Agency Board. I understand that the purpose of the grant is to further the Boynton Beach Community Redevelopment Plan, and that the Boynton Beach Community Redevelopment Agency may decline my application for any legal reason, including the reason that granting the award will not further the Community Redevelopment Plan. Should my application be approved, I understand that the Boynton Beach Community Redevelopment Agency may, at its sole discretion, discontinue grant payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer furthering the Boynton Beach Community Redevelopment Plan. To the maximum extent possible, I hereby waive my rights to privacy and confidentiality for all matters contained in my application, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employers or other public or private agency to disclose information deemed necessary to complete this application. I specifically authorize the Boynton Beach Community Redevelopment Agency to run a credit report as part of this application, and understand that information in my credit report, including a record of bankruptcy, may disqualify me from obtaining grant funding. I give permission to the Boynton Beach Community Redevelopment Agency or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application are found to be incomplete, it will be not processed. Business Information: 641 Initials ______ Page 11 of 13 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9090 www.boyntonbeachcra.com Business Name (and d/b/a if applicable): _____________________________________ _____________________________________ Boynton Beach Business Address: _____________________________________ _____________________________________ Applicant Contact Phone Number: _____________________________________ 642 APPLICANT INFORMATION Page 12 of 13 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9090 www.boyntonbeachcra.com APPLICANT SIGNATURES: 1. _____________________________________________________________________________ Principal/Owner’s Signature Date _____________________________________________________________________________ Printed Name Title 2. ______________________________________________________________________________ Principal/Owner’s Signature Date ______________________________________________________________________________ Printed Name Title 3. ______________________________________________________________________________ Principal/Owner’s Signature Date ______________________________________________________________________________ Printed Name Title 4. ______________________________________________________________________________ Principal/Owner’s Signature Date ______________________________________________________________________________ Printed Name Title Notary as to Principal/Owner’s Signatures - Multiple notary pages may be used if signing individually STATE OF ______________________________COUNTY OF _________________________ BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared__________________________________, who is/are personally known to me or produced______________________________________________ as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this ______________________ day of __________________________, 20_____. _________________________ NOTARY PUBLIC My Commission Expires: 643 LANDLORD INFORMATION Page 13 of 13 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9090 www.boyntonbeachcra.com LANDLORD SIGNATURES: By signing below, Landlord consents to the submittal of this application. Landlord understands that approval of this application does not grant Landlord any rights whatsoever, and specifically understands that approval of this application does not entitle Landlord to seek payment or other recourse from the BBCRA. 1. _________________________________________________________________________ Landlord’s Signature Date _________________________________________________________________________ Printed Name Title 2. _________________________________________________________________________ Landlord’s Signature Date _________________________________________________________________________ Printed Name Title Notary as to Principal/Owner’s Signatures - Multiple notary pages may be used if signing individually STATE OF ______________________________ COUNTY OF ________________________________ BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared __________________________________, who is/are personally known to me or produced______________________________________ as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this ______________________ day of __________________________, 20_____. _________________________ My Commission Expires: NOTARY PUBLIC 644 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: August 12, 2025 OLD BUSINESS AGENDA ITEM 14.E SUBJECT: Continued Discussion and Consideration of the Purchase of the Inn at Boynton located at 480 W. Boynton Beach Boulevard - REVISED 08/08/2025 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 on July 8, 2025, Staff presented to the CRA Board the following terms as Seller's best offer (see Attachment II): Purchase Price: $8,500,000.00 (appraised value) 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 At the July 8, 2025 Board Meeting, the CRA Board approved further negotiations with the Seller by the Board Chair, Rebecca Shelton (see Attachment III). The CRA Board also directed staff to have an appraisal performed on the property breaking down the value of the property and building separately. Anderson Carr originally appraised the property at $8.5 million based on sales comparisons. Anderson Carr submitted an addendum to the appraisal, providing the current market value of the land at $5,500,000 and the current market value of the improvements at $3,000,000 (see Attachment IV). On August 1, 2025, a second appraisal was performed by Vance Real Estate Service providing an appraised value $8,202,000, with a breakdown of the property valued at 645 •Attachment I - 05-13-2025 CRA Board Meeting Minutes •Attachment II - 06-02-2025 Seller's Offer and Extended Feasibility Period •Attachment III - 07-08-2025 CRA Board Meeting Minutes •Attachment IV - Anderson Carr Appraisal & Addendum 480 W Boynton Bch Blvd •Attachment V - Vance Appraisal 480 W BBB •Attachment VI - Public Notice - 07-25-2025 CRA Special Meeting $5,965,000 and the depreciated improvement value at $2,237,000 (see Attachment V). A Special Board Workshop was held on Friday, July 25, 2025, at 2:00 pm in order for the Chair to negotiate the terms of the purchase of the property (see Attachments VI, VII & VIII). The following terms were reached: Purchase Price: $8,100,000 Deposit of $250,000.00 Due diligence/feasibility period 30 days from effective date of Purchase and Sale Agreement Closing Date 45 days from effective date of the Purchase and Sale Agreement Property to be delivered unoccupied. The parcel is 2.11 acres 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 IX). This area serves as the main entry into the City's downtown and establishes the first impression of the City. A comparison of similar purchases by the CRA has been provided (see Attachment X). FISCAL IMPACT: To be determined by the Board. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan – Boynton Beach Boulevard District CRA BOARD OPTIONS: 1. Approve the purchase of the Inn at Boynton, located at 480 W. Boynton Beach Boulevard, pursuant to the terms provided in the draft Purchase and Sale Agreement and allow the Board Chair to execute the Agreement upon final legal review. 2. Do not approve the purchase of the Inn at Boynton located at 480 W. Boynton Beach Boulevard. 3. Provide alternative direction based on CRA Board discussion. ATTACHMENTS: Description 646 •Attachment VII - 07-25-2025 CRA Special Board Workshop Packet •Attachment VIII - Revised Purchase and Sale Agreement-480 W Boynton Beach Blvd. - REVISED 08/08/2025 •Attachment IX - Boynton Beach Blvd. District •Attachment X - Updated Comparables for 480 W Boynton Beach Blvd. - REVISED 08/08/2025 647 648 649 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. 650 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 651 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 652 653 654 655 656 657 658 659 ADDENDUM TO AN APPRAISAL OF A 101 ROOM HOTEL LOCATED AT 480 WEST BOYNTON BEACH BOULEVARD BOYNTON BEACH, FLORIDA 33435 FOR THERESA UTTERBACK, DEVELOPMENT SERVICES SPECIALIST BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY BY ROBERT B. BANTING, MAI, SRA CERT GEN RZ4 WITH ANDERSON & CARR, INC. 2801 EXCHANGE COURT WEST PALM BEACH, FLORIDA 33409 DATE OF INSPECTION: APRIL 15, 2025 DATE OF REPORT: APRIL 25, 2025 DATE OF THIS ADDENDUM: JULY 31, 2025 CURRENT DATE OF VALUE: APRIL 15, 2025 A&C JOB NO.: 2250167.001 CLIENT REFERENCE: 480 WEST BOYNTON BEACH BOULEVARD, BOYNTON BEACH 660 2801 EXCHANGE CT, W. PALM BEACH, FL 33409 ANDERSONCARR.COM 561.833.1661 ANDERSON & CARR INC. ADDENDUM TO REPORT (THIS IS NOT A STAND-ALONE DOCUMENT) July 31, 2025 Theresa Utterback Development Services Specialist Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue Boynton Beach, FL 33435 Dear Ms. Utterback: Pursuant to your request, we have produced an addendum to our appraisal A/C# 2250167.000 concerning the allocation of improvement value and land value of the real property that is the subject of the report. The property that is the subject of the report is a four-story, midrise hotel containing 101 rooms, and meeting space totaling 47,748 square feet of enclosed building area on a 2.1 acre (91,771 square foot) site. Other amenities include a pool area and a small fitness center. The hotel was previously operated under the Holiday Inn brand, but has transitioned to be an independent operator. It is now currently operating as Inn at Boynton Beach. The subject property is located at the southeast corner of West Boynton Beach Boulevard and I -95, within the municipal limits of the City Boynton Beach. The property address is 480 West Boynton Beach Boulevard, Boynton Beach, FL, 33435. The purpose of this addendum is the allocation of market value between the improvements and the land of the fee simple estate of the subject property as of April 15, 2025. The intended use of the report is to assist the client and intended user in establishing a purchase or selling price. The intended user of this appraisal report is Boynton Beach Community Redevelopment Agency. This report has been prepared for no other purpose and for use by no other person or entity than for use by the client for the purpose stated herein. Any other use of this appraisal is considered a misuse and thus the appraisers will not be held responsible for any outcome associated with use by another entity or for another purpose. 661 480 West Boynton Beach Boulevard, Boynton Beach A&C Job No.: 2250167.001 Theresa Utterback Page 2 July 31, 2025 As a result of our analysis, we have developed an opinion that the allocated market value of the fee simple estate (as defined in the report), subject to the definitions, certifications, and limiting conditions set forth in the attached report, as of April 15, 2025 was: CURRENT MARKET VALUE (IMPROVEMENTS AND LAND) $8,500,000 CURRENT MARKET VALUE (LAND): $5,500,000 CURRENT MARKET VALUE (IMPROVEMENTS): $3,000,000 This letter must remain attached to the original appraisal report in order for the value opinion set forth to be considered valid. Your attention is directed to the General Limiting Conditions contained within this report. Respectfully submitted, ANDERSON & CARR, INC. Robert B. Banting, MAI, SRA Cert Gen RZ4 RBB:cmp 662 480 West Boynton Beach Boulevard, Boynton Beach A&C Job No.: 2250167.001 TABLE OF CONTENTS Page No. Certification ..............................................................................................................................................................1 Sales Comparison Approach (land) ........................................................................................................................2 Sales Summary and Discussion ..........................................................................................................................24 Conclusion ...........................................................................................................................................................27 Qualifications for Robert B. Banting, MAI, SRA, Cert Gen RZ4 663 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250167.001 1 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 general limiting conditions, and are my personal, impartial, and unbiased professional analyses, opinions, conclusions, and recommendations. 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. 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. This appraisal assignment was not based on a requested minimum valuation, 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 & Standards of Professional Appraisal Practice of the Appraisal Institute, which include the Uniform Standards of Professional Appraisal Practice. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. Robert B. Banting, MAI, SRA has made a personal inspection of the property that is the subject of this report. William H. Spengler Certified Residential Appraiser RD8462 provided significant real property appraisal assistance to the person signing this certification, including analysis and conclusions of the sales comparison approach to land value. As of the date of this report, Robert B. Banting, MAI, SRA has completed the continuing education program of the Appraisal Institute. No one provided significant real property appraisal or appraisal consulting assistance to the person signing this certification. Robert B. Banting, MAI, SRA Cert Gen RZ4 rbanting@andersoncarr.com 561-833-1661 664 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250167.001 2 SALES COMPARISON APPROACH (LAND) The sales comparison approach is the process of deriving a value indication for the subject property by comparing market information for similar properties with the property being appraised, identifying appropriate units of comparison, and making qualitative comparisons with or quantitative adjustments to the sale prices (or unit prices, as appropriate) of the comparable properties based on relevant, market - derived elements of comparison. (Appraisal Institute, The Dictionary of Real Estate Appraisal, 7th ed., Chicago: Appraisal Institute, 2022.) The sales comparison approach requires that the appraiser locate recent sales of similar properties and through an adjustment process arrive at an indication of what these properties would have sold for if they possessed all of the salient characteristics of the subject property. These adjusted sales prices are then correlated into an estimate of the market value of the property via the sales comparison approach to value. A search of the Palm Beach County official records, local multiple listing service records, discussions with local brokers and appraisers and a personal inspection of the subject area produced several sales of similar type properties. The sales used in the analysis were the best comparables that we were able to verify with public records and/or a party to the transaction. The following pages feature a detailed write up of each comparable used in the analysis, a location map and summary of the selected comparable sales data, which is followed by a discussion of the pertinent adjustments and conclusion of value. 665 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250167.001 3 SALE NO. 1 - 400 East Boynton Beach Boulevard, Boynton Beach, FL 33435 AC File No.: 2230632.000 ID: 913614 OR Book/Page: 33540/0186, 0189, 0192, 0195, 0198 Type: Land Sale Status: Sale Sub-Type: Commercial Date: May 3, 2022 Grantor: 306 BBB LLC, East Ocean Avenue LLC, Boynton Beach Property Holdings LLC, 416 Boynton LLC, 422 Boynton Partners LLC, First Avenue Boynton LLC Grantee: BB North LLC Legal: All or portions of Blocks 2 and 5, Town of Boynton Beach, Plat Book 1, Page 23, Palm Beach County, Florida. (See deeds for complete legals) Folio No.: 08-43-45-28-03-002-0070, 08-43-45-28-03-005-0100, 08-43-45-28-03-002-0080, 08-43- 45-28-03-005-0040, 08-43-45-28-03-005-0091, 08-43-45-28-03-005-0080, 08-43-45-28- 03-002-0050, 08-43-45-28-03-002-0030, 08-43-45-28-03-002-0020, 08-43-45-28-03- 002-0110, 08-43-45-28-03-005-0020 Location: Southeast corner of East Boynton Beach Boulevard and NE 3rd Street, Boynton Beach Zoning: MU-C - Mixed Use Core, 80 D.U./Acre by Boynton Beach Land Use: MXH - Mixed Use High, 80 D.U./Acre 666 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250167.001 4 Utilities: Municipal water and sewer, electricity, and telephone Site Size: Square Feet: 145,778 Acres: 3.347 Shape: Irregular Street Frontage (Ft.): 920 Topography/Elevation: Level, near road grade Use: Use at Time of Sale: Various commercia and industrial buildings Intended Use: Mixed use multifamily and commercial Highest and Best Use: Mixed use multifamily and commercial Verification: Source: News articles, public records Relationship: News articles, public records Conditions of Sale: Arm's-length Verified By: B. Arnold Date: December 18, 2023 Sales History: No arm's length transactions in the previous five years Sales Price: $8,907,804 Price/SF Land: $61.11 Price/Acre: $2,661,429 Financing: $6,737,500 provided by Synovus Bank record in Palm Beach County OR Book 33540, Page 208 (mortgage included additional parcels not included in this assemblage) Comments: This is an assemblage of 11 parcels from various sellers. Five were improved with various low rise commercial and industrial buildings and 7 were vacant. Buyer intends to redevelop this assembled site with a mixed use project. Buyer also purchased a separate assembled 1.886 acre site on the south side of Ocean Avenue for $3,092,196 for a total acquisition of $12,000,000 for the two sites. Buyer indicated they were attracted to the site because Boynton Beach lies between West Palm Beah and Delray Beach and the site is close to the beach and only a couple of miles from downtown Delray Beach. Previously In 2017, the city approved both properties for 371 apartments and 15,757 square feet of commercial space, to be called the Villages at East Ocean Avenue, but construction never moved forward at that time. The new buyer indicates they will build the first phase of the project on this, the north parcel, which will consist of 336 apartments (roughly 100 DU/Acre) and roughly 10,000 square feet of retail, with amenities including a pool, a fitness center and a clubhouse. 667 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250167.001 5 SALE NO. 2 - 315 South Federal Highway, Boynton Beach, FL 33435 AC File No.: 2230632.000 ID: 913615 OR Book/Page: 34051/0685 Type: Land Sale Status: Sale Sub-Type: Commercial Date: January 3, 2023 Grantor: Truist Bank Grantee: 315 South Federal Legal: Lots 1 through 7 inclusive, the North 60 feet of Lot 8 and the North 1/2 of Lot 10 Block A, Pence Subdivision No. 1, Plat Book 1, Page 33, Palm Beach County, Florida, LESS U.S. Highway One right-of-way Folio No.: 08-43-45-28-07-001-0010 Location: Southwest corner of South Federal Highway and SE 2nd Avenue, Boynton Beach Zoning: C3 - Community Commercial by Boynton Beach Land Use: LRC - Local Retail Commercial Utilities: Municipal water and sewer, electricity, and telephone 668 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250167.001 6 Site Size: Square Feet: 107,846 Acres: 2.476 Shape: L Street Frontage (Ft.): 975 Topography/Elevation: Level, near road grade Use: Use at Time of Sale: Bank branch Intended Use: Redevelopment Highest and Best Use: Mixed Use Redevelopment Verification: Source: Costar, public records Relationship: public records Conditions of Sale: Arm's-length Verified By: B. Arnold Date: December 19, 2023 Sales History: No arm's length transactions in the previous five years Sales Price: $6,000,000 Price/SF Land: $55.63 Price/Acre: $2,423,263 Financing: None recorded Comments: This site is currently improved with an older Truist Bank branch building built in 1964 and containing 10,576 square feet. As of drive by inspection on 12/20/23 this branch location appears to be permanently closed. The buyer previously purchased several parcels adjacent to the south in January and February 2022 for total of $8,500,000 for 3.5709 acres, equating to $54.65/SF of land. This purchase gives the buyer control of almost the entire block (save for one 0.7598 acre parcel at 407 South Federal Highway) bound by SE 2nd and SE 5th Avenues to the north and South Federal Highway and SE 4th Street to the east and west. All of these properties have a City of Boynton Beach Community Redevelopment Agency recommended future land use of Mixed Use Medium, 50 D.U./Acre, which will make it easier for the owner to seek a zoning and future land use change. 669 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250167.001 7 SALE NO. 3 - 225 West Boynton Beach Boulevard, Boynton Beach, FL 33435 AC File No.: 2240037.004 ID: 913702 OR Book/Page: 34211/0344 Type: Land Sale Status: Sale Sub-Type: Commercial Date: March 29, 2023 Grantor: MG Delray Holdings LLC, Gracey Properties, LLC MABA Holdings, LLC Grantee: Boynton Beach Community Redevelopment Agency Legal: Lots 112 (less the South 10 feet), 113 (less the South 10 feet), 114 (less the South 10 feet), 115 (less the South 10 feet) 116, 117, 118 and 119, Block A, Boynton Hills, Plat Book 4, Page 51, Palm Beach County, Florida Folio No.: 08-43-45-21-07-001-1120, 08-43-45-21-07-001-1131, 08-43-45-21-07-001-1160, 08-43- 45-21-07-001-1180 Location: Northeast corner of NW 2nd Street and West Boynton Beach Boulevard, roughly 1,700 feet east of I-95, Boynton Beach Zoning: C2 and R1A - Neighborhood Commercial and Single-family Residential 6 DU/Acre by Boynton Beach Land Use: LRC - Local Retail Commercial and LDR - Low Density Residential 7.5 DU/Acre Utilities: Municipal water and sewer, electricity, and telephone 670 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250167.001 8 Site Size: Square Feet: 46,017 Acres: 1.056 Shape: Irregular Street Frontage (Ft.): 0 Topography/Elevation: Level, near road grade Use: Use at Time of Sale: Vacant Intended Use: Commercial Highest and Best Use: Commercial Verification: Source: Theresa Utterback, Development Services Manager, Boynton Beach CRA, prior Loopnet listing, public records Relationship: Buyer's representative Conditions of Sale: Arm's-length Verified By: B. Arnold Date: February 9, 2024 Sales History: No transactions in the previous five years Sales Price: $2,185,000 Price/SF Land: $47.48 Price/Acre: $2,069,129 Financing: None recorded Comments: This site had been on and off the market for a few years. It had previously been improved with some low rise commercial and residential buildings that were removed prior to this sale. Buyer indicates that the demo costs were added to the contract sales price, but a specific number was not provided. Buyer plans to land bank the property for future redevelopment. They indicated the CRA Board has prioritized acquisition of properties along West Boynton Beach Boulevard east of I-95. This site has a City of Boynton Beach Community Redevelopment Agency recommended future land use of Mixed Use Low, 20 D.U./Acre, which will make it easier for the owner to seek a zoning and future land use change. 671 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250167.001 9 SALE NO. 4 - 1320 South Federal Highway, Boynton Beach, FL 33435 AC File No.: 2240037.004 ID: 913701 OR Book/Page: 34260/0332 Type: Land Sale Status: Sale Sub-Type: Commercial Date: April 20, 2023 Grantor: MJ Jackson Holdings, LLC Grantee: Boynton Beach Square LLC Legal: South 100 feet of Lot 2, Lee Manor Isles, Plat Book 24, Page 211 (less SR 5 right-of- way in OR BK/PG 138/229) Palm Beach County, Florida Folio No.: 08-43-45-27-05-000-0021 Location: Northeast corner of South Federal Highway and Riviera Drive, roughly 660 feet north of Woolbright Road, Boynton Beach Zoning: MU-1 - Mixed Use 1 by Boynton Beach Land Use: MXL - Mixed Use Low, 20 DU/Acre Utilities: Municipal water and sewer, electricity, and telephone 672 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250167.001 10 Site Size: Square Feet: 22,686 Acres: 0.521 Shape: Irregular Street Frontage (Ft.): 105 Topography/Elevation: Level, above road grade Use: Use at Time of Sale: Vacant Intended Use: Commercial Highest and Best Use: Commercial/Mixed Use Verification: Source: Brian Smith w/ Florida Equities Commercial, Costar, public records Relationship: Listing broker Conditions of Sale: Arm's-length Verified By: B. Arnold Date: February 8, 2024 Sales History: Previously sold for $1,100,000 in February 2021, recorded in County OR Book 32194, Page 128 Sales Price: $1,600,000 Price/SF Land: $70.53 Price/Acre: $3,071,017 Financing: None recorded Comments: Property was reported to have been previously site plan approved for an 11,000 square foot 3-story medical office building. Seller had previously planned to occupy a portion of the proposed building with their dental group prior to selling. Property is back on the market with an asking price of $2,750,000. This site has a City of Boynton Beach Community Redevelopment Agency recommended future land use of Mixed Use Medium, 50 D.U./Acre, which will make it easier for the owner to seek a zoning and future land use change. 673 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250167.001 11 SALE NO. 5 - 433 West Boynton Beach Boulevard, Boynton Beach, FL 33435 AC File No.: 2160466, 2240067.001 ID: 913751 OR Book/Page: 34373/0722 Type: Land Sale Status: Sale Sub-Type: Commercial Date: June 12, 2023 Grantor: Boynton East, LLC Grantee: Boynton Beach Community Redevelopment Agency Legal: Long metes and bounds legal description being a portion of Lots 83 through 87 Ridgewood Plat Book 13, Page 7, Palm Beah County, Florida and Lot 129 (less the South 10 feet) Ridgewood Hills, Plat Book 23, Page 250, Palm Beach County, Florida Folio No.: 08-43-45-21-15-000-0830 Location: Northeast corner of West Boynton Beach Boulevard and NW 4th Street, just east of I-95, Boynton Beach Zoning: C2 - Neighborhood Commercial by Boynton Beach Land Use: Local Retail Commercial Utilities: Municipal water and sewer, electricity, and telephone 674 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250167.001 12 Site Size: Square Feet: 24,707 Acres: 0.567 Shape: Rectangular Street Frontage (Ft.): 335 Topography/Elevation: Level, above road grade Use: Use at Time of Sale: Vacant Intended Use: Retail Highest and Best Use: Retail Verification: Source: Theresa Utterback w/ Boynton Beach CRA Relationship: Buyer Conditions of Sale: Arm's-length Verified By: B. Arnold Date: February 9, 2024 Sales History: No transactions in the previous five years Sales Price: $1,200,000 Price/SF Land: $48.57 Price/Acre: $2,116,402 Financing: None recorded Comments: Property was purchased by the CRA to help control future development along the Boynton Beach Boulevard gateway into downtown. The CRA will hold the property until a suitable development plan is proposed. The CRA Board has prioritized acquisition of properties along West Boynton Beach Boulevard east of I-95. This site has a City of Boynton Beach Community Redevelopment Agency recommended future land use of Mixed Use Low, 20 D.U./Acre, which will make it easier for the owner to seek a zoning and future land use change. 675 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250167.001 13 SALE NO. 6 - 2607 South Federal Highway, Boynton Beach, FL 33435 AC File No.: 2240051.000 ID: 913741 OR Book/Page: 34837/0061 Type: Land Sale Status: Sale Sub-Type: Commercial Date: February 14, 2024 Grantor: YoAtrium, LLC, ICUG, LLC and Heywood, LLC Grantee: FED27, LLC Legal: Four parcels described by metes and bounds located in the SE 1/4 of Section 33, Township 45 South, Range 43 East, Palm Beach County, Florida. See deed for complete legal. Folio No.: 08-43-45-33-00-000-5070, 08-43-45-33-00-000-5080, 08-43-45-33-00-000-5090, 08-43- 45-33-00-000-5100 Location: West side of South Federal Highway, roughly 0.62 miles south of Woolbright Road, Boynton Beach Zoning: C3 w/ UCDO - Community Commercial w/ Urban Commercial District Overlay by Boynton Beach Land Use: LRC - Local Retail Commercial Utilities: Municipal water and sewer, electricity, and telephone 676 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250167.001 14 Site Size: Square Feet: 185,997 Acres: 4.269 Shape: Rectangular Street Frontage (Ft.): 660 Topography/Elevation: Level, near road grade Use: Use at Time of Sale: Retail Intended Use: Mixed Use Highest and Best Use: Mixed Use Verification: Source: Nick Rojo w/ Affiliated Development, news article, site plan public records Relationship: Buyer's representative Conditions of Sale: Arm's-length Verified By: B. Arnold Date: March 26, 2024 Sales History: No transactions in the previous five years Sales Price: $12,033,652 Price/SF Land: $64.70 Price/Acre: $2,818,846 Financing: $6,000,000 provided by the seller, recorded in County OR Book 34827, Page 65 Comments: Sale consists of three contiguous parcels on the south side of SE 27th Terrace and one parcel on the north side. The southern portion contained an older two-story strip type retail center that added no contributory value at the time of sale. The property has been approved for two projects known collectively as The Dune. Dune South contains 298 apartment units with 2,595 square feet of commercial space in an 8 -story building with structured parking (100 Du/Acre). Dune North contains 38 3-story townhouse units (40 DU/Acre). The projects were approved as part of Florida's Live Local Act (Senate Bill 102) and require 40% of units be set aside for workforce housing. The act allows qualifying projects preemptions on certain development regulations such as density and height, and also requires administrative approval for eligible projects. 677 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250167.001 15 Comparable Sales Locations Maps 678 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250167.001 16 679 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250167.001 17 680 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250167.001 18 681 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250167.001 19 682 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250167.001 20 683 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250167.001 21 684 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250167.001 22 685 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250167.001 23 Sale No. Date OR Bk Page Property Address Land Area SF Acres Sale Price Price/SF of Land 1 33540 400 East Boynton Beach Boulevard 145,778 May-22 0186, 0189, 0192, 0195, 0198 Boynton Beach 3.35 2 34051 315 South Federal Highway 107,846 Jan-23 0685 Boynton Beach 2.48 3 34211 225 West Boynton Beach Boulevard 46,017 Mar-23 0344 Boynton Beach 1.06 4 34260 1320 South Federal Highway 22,686 Apr-23 0332 Boynton Beach 0.52 5 34373 433 West Boynton Beach Boulevard 24,707 Jun-23 0722 Boynton Beach 0.57 6 34837 2607 South Federal Highway 185,997 Feb-24 0061 Boynton Beach 4.27 Subj.480 West Boynton Beach Boulevard & I-95 91,771 Apr-25 Boynton Beach 2.11 SALES SUMMARY TABLE N/A $1,600,000 $8,907,804 $6,000,000 $12,033,652 $61.11 $70.53 $64.70 $55.63 $2,185,000 $47.48 $1,200,000 $48.57 N/A N/A 686 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250167.001 24 Sales Summary and Discussion In this analysis, we considered differences between the sales and the subject in terms of property rights sold, conditions of sale, financing, market conditions (trend or time adjustment), location, land size, and quality and condition of any existing improvements. The appraisers based the comparisons on a standardized unit of measure, the sale price per square foot of land. The sale price per square foot of land correlates well among the comparable sales and is commonly used by buyers in this type of analysis. Conditions of Sale All sales were reportedly market oriented. No adjustment consideration for conditions of sale was necessary. Financing We considered any indication of favorable financing. All sales were either on a cash basis or had market oriented financing, therefore, no differences were noted nor were adjustments made. Market Conditions The sales occurred over the period from May 3, 2022 to February 14, 2024. The subject property date of value is April 15, 2025. The market has shown improving market conditions over this time period. Prior to the beginning of the pandemic in early 2020, property values in the South Florida area were on the rise and this trend continued until end-2022 when rising interest rates stabilized the market. Based on national trends and what we have seen in the subject's local market, we believe an appropriate time adjustment would be 1% per month, which we have rounded down to the nearest whole month. As such, Sale 1 required an upward adjustment for appreciation from the date of sale through end-2022. Location The subject property is located at the southeast corner of West Boynton Beach Boulevard and major arterial Interstate-95 in Boynton Beach. Sales 1, 2, 4 and 6 are in similar type locations in the downtown cultural center or the urban commercial corridor along major arterial Federal Highway requiring no adjustments. Sales 3 and 5 are in inferior locations along the West Boynton Beach commercial corridor requiring upward adjustments. Size Generally, larger properties will sell for a somewhat lower price per square foot of land than smaller ones, and vice versa, when all else is equal. The sales in this data set do not appear to follow this pattern and no adjustment is warranted. 687 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250167.001 25 Site Conditions Properties of all different shapes can typically be developed. Some properties, however, allow for a more efficient development of the site providing for the maximum development intensity. Neither the subject nor the comparables appear be impacted by their shape in such a manner as to limit their development. Another factor considered here is the existence of any physically detrimental site conditions such as contamination or muck. Neither the subject nor any of the comparables were known to suffer from any detrimental site conditions. Zoning/Land Use The subject property has a zoning designation of C-2/Neighborhood Commercial, R1A/Single Family 6DU/acre by Boynton Beach with an underlying future land use of OC, LRC, LDR/Office Commercial, Local Retail Commercial, Low Density Residential by Boynton Beach. Though they may vary by municipality, all of the comparables have similar commercial and mixed -use oriented designations that allow for similar uses as the subject. No adjustment is warranted. 688 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250167.001 26 Sale Date Property Address Land SF Price/ Land SF Financing/ Adj. Price/ Land SF Conditions of Sale/ Adj. Price/ Land SF Market Conditions/ Adj. Price/ Land SF Location Land Size Site Conditions Zoning/ Land Use Final Combined Adjustment Overall Indication 1 400 East Boynton Beach Boulevard 0%0%7% May-22 Boynton Beach $61.11 $61.11 $65.38 2 315 South Federal Highway 0%0%0% Jan-23 Boynton Beach $55.63 $55.63 $55.63 3 225 West Boynton Beach Boulevard 0%0%0% Mar-23 Boynton Beach $47.48 $47.48 $47.48 4 1320 South Federal Highway 0%0%0% Apr-23 Boynton Beach $70.53 $70.53 $70.53 5 433 West Boynton Beach Boulevard 0%0%0% Jun-23 Boynton Beach $48.57 $48.57 $48.57 6 2607 South Federal Highway 0%0%0% Feb-24 Boynton Beach $64.70 $64.70 $64.70 Subj.480 West Boynton Beach Boulevard & I-95 Apr-25 Boynton Beach N/A N/A N/A N/AN/A N/AN/A N/A91,771 N/A N/A 0%0%0%$64.700%0%185,997 $64.70 $53.430%0%10%10%24,707 $48.57 0%0%0%$70.530%0% 0% 10%$52.2310%0% 22,686 $70.53 0%0%46,017 $47.48 0%0%$55.630%0%0%107,846 $55.63 0%0%$65.380%0%0% QUANTITATIVE LAND SALES ADJUSTMENT CHART - PRICE/LAND SF 145,778 $61.11 689 West Boynton Beach Boulevard Land Assemblage A&C JOB NO.: 2250167.001 27 Conclusion Considering all of these differences, we developed the preceding quantitative comparison table listing the sales as they compare to the subject property, based on a price per square foot of land. Not all categories considered are depicted. Those omitted reflect no differences between the sales and the subject property. The unadjusted range of value indicated by the sales is roughly $47.48 to $70.53 per square foot of land area. The preceding quantitative comparison chart shows the value range for the subject property after adjustment based on a price per square foot of land area to be from $52.23 to $70.53 with a mean of $60.32. Sale 1 as the oldest sale, is located along the regional Florida East Coast rail lines, reflects an allocated value of a larger transaction and appears to be a less reliable comparable. Excluding Sale 1, and comparing Sales 2, 3, 4, 5 and 6 results in a value range value range for the subject property after adjustment based on a price per square foot of land area to be from $52.23 to $70.53 with a mean of $59.30. Considering all of the salient factors discussed previously and prevailing market conditions, the appraisers feel a conclusion in the middle portion of the indicated range is most appropriate. Given the preceding data and discussions, it is concluded that the market reflects a value per square foot of land area for the subject property of $60.00 as of April 13, 2025. Total value is calculated as follows: 91,771 Square Feet @ $60.00 per Square Foot = $5,506,260 Rounded To: MARKET VALUE VIA SALES COMPARISON APPROACH: $5,500,000 690 691 QUALIFICATIONS OF APPRAISER ROBERT B. BANTING, MAI, SRA PROFESSIONAL DESIGNATIONS - YEAR RECEIVED MAI - Member Appraisal Institute - 1984 SRA - Senior Residential Appraiser, Appraisal Institute - 1977 SRPA - Senior Real Property Appraiser, Appraisal Institute - 1980 State-Certified General Real Estate Appraiser, State of Florida, License No. RZ4 - 1991 EDUCATION AND SPECIAL TRAINING Licensed Real Estate Broker - #3748 - State of Florida Graduate, University of Florida, College of Business Administration, BSBA (Major - Real Estate & Urban Land Studies) 1973 Successfully completed and passed the following Society of Real Estate Appraisers (SREA) and American Institute of Real Estate Appraisers (AIREA) courses and/or exams: Note: the SREA & AIREA merged in 1991 to form the Appraisal Institute. SREA R2: Case Study of Single Family Residence SREA 201: Principles of Income Property Appraising SREA: Single Family Residence Demonstration Report SREA: Income Property Demonstration Report AIREA 1B: Capitalization Theory and Techniques SREA 101: Introduction to Appraising Real Property AIREA: Case Studies in Real Estate Valuation AIREA: Standards of Professional Practice AIREA: Introduction to Real Estate Investment Analysis AIREA 2-2: Valuation Analysis and Report Writing AIREA: Comprehensive Examination AIREA: Litigation Valuation AIREA: Standards of Professional Practice Part C ATTENDED VARIOUS APPRAISAL SEMINARS AND COURSES, INCLUDING: The Internet and Appraising Golf Course Valuation Discounting Condominiums & Subdivisions Narrative Report Writing Appraising for Condemnation Condemnation: Legal Rules & Appraisal Practices Condominium Appraisal Reviewing Appraisals Analyzing Commercial Lease Clauses Eminent Domain Trials Tax Considerations in Real Estate Testing Reasonableness/Discounted Cash Flow Mortgage Equity Analysis Partnerships & Syndications Hotel and Motel Valuation Advanced Appraisal Techniques Federal Appraisal Requirements Analytic Uses of Computer in the Appraisal Shop Valuation of Leases and Leaseholds Valuation Litigation Mock Trial Residential Construction From The Inside Out Rates, Ratios, and Reasonableness Analyzing Income Producing Properties Development of Major/Large Residential Projects Standards of Professional Practice Regression Analysis In Appraisal Practice Federal Appraisal Requirements Engaged in appraising and consulting assignments including market research, rental studies, feasibility analysis, expert witn ess testimony, cash flow analysis, settlement conferences, and brokerage covering all types of real estate since 1972. President of Anderson & Carr, Inc., Realtors and Appraisers, established 1947 from 1995 to 2025 Past President Palm Beach County Chapter, Society of Real Estate Appraisers (SREA) Realtor Member of Central Palm Beach County Association of Realtors Special Master for Palm Beach County Property Appraisal Adjustment Board Qualified as an Expert Witness providing testimony in matters of condemnation, property disputes, bankruptcy court, foreclosures, and other issues of real property valuation. Member of Admissions Committee, Appraisal Institute - South Florida Chapter Member of Review and Counseling Committee, Appraisal Institute - South Florida Chapter Approved appraiser for State of Florida, Department of Transportation and Department Natural Resources. Instructor of seminars, sponsored by the West Palm Beach Board of Realtors. Authored articles for The Palm Beach Post and Realtor newsletter. Real Estate Advisory Board Member, University of Florida. TYPES OF PROPERTY APPRAISED - PARTIAL LISTING Air Rights Medical Buildings Apartment Buildings Churches Amusement Parks Department Stores Hotels - Motels Marinas Condominiums Industrial Buildings Office Buildings Residences - All Types Mobile Home Parks Service Stations Special Purpose Buildings Restaurants Auto Dealerships Vacant Lots - Acreage Residential Projects Golf Courses Shopping Centers Leasehold Interests Financial Institutions Easements "I am currently certified under the continuing education progr am of the Appraisal Institute." 692 Appraiser Licenses 693 A P P R A I S A L R E P O R T INN AT BOYNTON BEACH 101 Room Hotel 480 WEST BOYNTON BEACH BOULEVARD 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 August 1, 2025 694 MBA in REAL ESTATE DEVELOPMENT & MANAGEMENT 7481 Northwest 4th Street, Plantation, FL 33317-2204 954/583-2116 vanceval@att.net August 1, 2025 Boynton Beach Community Redevelopment Agency 100 East Ocean Avenue Boynton Beach, FL 33435 RE: Inn at Boynton Beach, 101 room hotel 480 W Boynton Beach Blvd., 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 August 1, 2025. 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 as-is, subject to definitions, certifications, and limiting conditions set forth in the attached report. EIGHT MILLION TWO HUNDRED TWO THOUSAND DOLLARS $8,202,000 (THIS LETTER MUST REMAIN ATTACHED TO THE REPORT WITH ONE HUNDRED FORTY-TWO DOLLARS (142) 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-173 695 TABLE OF CONTENTS Page Number Title Page i Letter of Transmittal ii Table of Contents iii INTRODUCTION 5 Photographs of the Subject Property 6 1-3-5 Mile Location Map 20 1-3-5 Mile Demographic Statistics 21 Zoning and Land Use Maps 23 Summary of Important Facts and Conclusions 25 Preface to Valuation FDOT Project information flyer 27 Sketch of Parcel 109-Part acquired by FDOT 30 Site plan of partial cure for loss of parking 31 DESCRIPTIONS, ANALYSES, & CONCLUSIONS 32 Identity of Client and Intended User 33 Intended Use 33 Identification of Real Estate Appraised 33 Ownership 33 Property Address 33 Legal Description 33 Real Estate Tax Analysis 34 Flood zone 35 Market Area 35 Zoning 42 Site Description 43 Improvement Description 44 Real Property Interest Appraised 47 Appraisal Purpose and Definition of Market Value 47 Effective Dates of the Appraisal and Report 48 Scope of the Work 49 Summary of Information Considered 49 Property History 50 Highest and Best Use 51 SALES COMPARISON APPROACH FOR HOTEL 55 Location Map of Hotel Sales 56 Improved Sales documentation 57 Improved Sales Comparison & Adjustment Chart 79 Sales Comparison Approach to Property as Improved 80 SALES COMPARISON APPROACH LAND VALUATION 87 Location Map of Land Sales 88 Land Sales documentation 89 Land Sales Comparison & Adjustment Chart 101 Sales Comparison Approach Land Valuation 102 Certification and Limiting Conditions 107 (Continued) 696 TABLE OF CONTENTS (Continued) ADDENDA 109 Subject deed 110 Stipulated Final Judgement 113 Subject building sketch 123 Zoning excerpts 125 Parking standards 131 USPAP Standards Rule 2-2 134 Qualifications of the Appraisers 138 4 697 INTRODUCTION 5 698 FRONT ELEVATION OF RECEPTION BUILDING RECEPTION & CHECK-IN 6 699 BANQUET ROOM EXERCISE ROOM 7 700 WOMEN’S REST ROOM RECEPTION BLDG. UNDERGROUND PARKING 8 701 RECEPTION BUILDING WEST ELEVATION GUEST ROOM BUILDING EAST ELEVATION 9 702 GUEST ROOM BUILDING & SWIMMING POOL SWIMMING POOL & PATIO 10 703 CLOSER VIEW OF SWIMMING POOL GUEST ROOM 421 11 704 GUEST ROOM 420 BATHROOM 420 12 705 PARKING LOT LOOKING NE PART TAKEN - NORTH ROW OF PARKING 13 706 NORTH INGRESS & EGRESS TO BOYNTON BEACH BOULEVARD AREA FOR PARKING CURE 14 707 AREA FOR RESTORED PARKING PROPERTY ENTRANCE FROM W. BOYNTON BEACH BOULEVARD 15 708 BOYNTON BEACH BLVD. LOOKING WEST BOYNTON BEACH BLVD. LOOKING EAST 16 709 SOUTH EMERGENCY ACCESS TO PROPERTY NW 1ST AVENUE LOOKING EAST 17 710 NW 4 STREET LOOKING SOUTH 18 711 AERIAL VIEW OF THE APPRAISED PROPERTY AFTER THE FDOT ACQUISITION 19 712 1-3-5 MILE RADII FROM VALUED PROPERTY AT 480 W. BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA 33435 20 713 Executive Summary 480 W Boynton Beach Blvd, Boynton Beach, Florida, 33435 Prepared by Esri Rings: 1, 3, 5 mile radii Latitude: 26.52847 Longitude: -80.07161 1 mile 3 miles 5 miles Population 2010 Population 15,522 88,026 194,495 2020 Population 17,584 100,616 216,988 2025 Population 19,205 102,398 221,698 2030 Population 19,588 103,294 224,575 2010-2020 Annual Rate 1.26%1.35%1.10% 2020-2025 Annual Rate 1.69%0.33%0.41% 2025-2030 Annual Rate 0.40%0.17%0.26% 2020 Male Population 48.1%47.3%47.5% 2020 Female Population 51.9%52.7%52.5% 2020 Median Age 40.4 45.4 47.0 2025 Male Population 48.7%47.8%48.1% 2025 Female Population 51.3%52.2%51.9% 2025 Median Age 41.2 45.9 47.6 In the identified area, the current year population is 221,698. In 2020, the Census count in the area was 216,988. The rate of change since 2020 was 0.41% annually. The five-year projection for the population in the area is 224,575 representing a change of 0.26% annually from 2025 to 2030. Currently, the population is 48.1% male and 51.9% female. Median Age The median age in this area is 47.6, compared to U.S. median age of 39.6. Race and Ethnicity 2025 White Alone 40.0%52.5%55.0% 2025 Black Alone 43.1%27.4%24.3% 2025 American Indian/Alaska Native Alone 0.3%0.5%0.5% 2025 Asian Alone 1.4%2.4%2.7% 2025 Pacific Islander Alone 0.0%0.0%0.0% 2025 Other Race 5.4%5.9%6.1% 2025 Two or More Races 9.8%11.3%11.5% 2025 Hispanic Origin (Any Race)15.3%18.2%18.8% Persons of Hispanic origin represent 18.8% of the population in the identified area compared to 19.7% 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 73.7 in the identified area, compared to 72.7 for the U.S. as a whole. Households 2025 Wealth Index 77 100 117 2010 Households 5,917 38,357 83,622 2020 Households 6,858 43,409 92,394 2025 Households 7,497 45,257 96,043 2030 Households 7,726 46,053 98,040 2010-2020 Annual Rate 1.49%1.24%1.00% 2020-2025 Annual Rate 1.71%0.80%0.74% 2025-2030 Annual Rate 0.60%0.35%0.41% 2025 Average Household Size 2.53 2.22 2.28 The household count in this area has changed from 92,394 in 2020 to 96,043 in the current year, a change of 0.74% annually. The five-year projection of households is 98,040, a change of 0.41% annually from the current year total. Average household size is currently 2.28, compared to 2.32 in the year 2020. The number of families in the current year is 55,890 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 2025 and 2030. Esri converted Census 2010 into 2020 geography and Census 2020 data. July 18, 2025 ©2025 Esri Page 1 of 2 21 714 Executive Summary 480 W Boynton Beach Blvd, Boynton Beach, Florida, 33435 Prepared by Esri Rings: 1, 3, 5 mile radii Latitude: 26.52847 Longitude: -80.07161 1 mile 3 miles 5 miles Mortgage Income 2025 Percent of Income for Mortgage 31.5%30.7%33.4% Median Household Income 2025 Median Household Income $79,688 $80,310 $84,959 2030 Median Household Income $92,968 $92,073 $99,253 2025-2030 Annual Rate 3.13%2.77%3.16% Average Household Income 2025 Average Household Income $98,886 $108,744 $119,443 2030 Average Household Income $111,365 $122,268 $134,426 2025-2030 Annual Rate 2.41%2.37%2.39% Per Capita Income 2025 Per Capita Income $39,769 $48,126 $51,847 2030 Per Capita Income $45,267 $54,582 $58,803 2025-2030 Annual Rate 2.62%2.55%2.55% GINI Index 2025 Gini Index 41.1 44.7 45.8 Households by Income Current median household income is $84,959 in the area, compared to $81,624 for all U.S. households. Median household income is projected to be $99,253 in five years, compared to $92,476 all U.S. households. Current average household income is $119,443 in this area, compared to $116,179 for all U.S. households. Average household income is projected to be $134,426 in five years, compared to $128,612 for all U.S. households. Current per capita income is $51,847 in the area, compared to the U.S. per capita income of $45,360. The per capita income is projected to be $58,803 in five years, compared to $50,744 for all U.S. households. Housing 2025 Housing Affordability Index 70 73 67 2010 Total Housing Units 7,166 48,786 103,359 2010 Owner Occupied Housing Units 3,535 25,984 60,244 2010 Renter Occupied Housing Units 2,382 12,373 23,379 2010 Vacant Housing Units 1,249 10,429 19,737 2020 Total Housing Units 7,835 52,001 110,163 2020 Owner Occupied Housing Units 3,826 26,868 62,432 2020 Renter Occupied Housing Units 3,032 16,541 29,962 2020 Vacant Housing Units 954 8,618 17,735 2025 Total Housing Units 8,387 53,279 113,165 2025 Owner Occupied Housing Units 4,237 28,426 65,574 2025 Renter Occupied Housing Units 3,260 16,831 30,469 2025 Vacant Housing Units 890 8,022 17,122 2030 Total Housing Units 8,613 54,126 115,118 2030 Owner Occupied Housing Units 4,640 30,300 69,272 2030 Renter Occupied Housing Units 3,086 15,754 28,768 2030 Vacant Housing Units 887 8,073 17,078 Socioeconomic Status Index 2025 Socioeconomic Status Index 44.0 46.8 48.0 Currently, 57.9% of the 113,165 housing units in the area are owner occupied; 26.9%, renter occupied; and 15.1% are vacant. Currently, in the U.S., 57.9% of the housing units in the area are owner occupied; 32.3% are renter occupied; and 9.8% are vacant. In 2020, there were 110,163 housing units in the area and 16.1% vacant housing units. The annual rate of change in housing units since 2020 is 0.51%. Median home value in the area is $453,506, compared to a median home value of $370,578 for the U.S. In five years, median value is projected to change by 4.28% annually to $559,285. 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 2025 and 2030. Esri converted Census 2010 into 2020 geography and Census 2020 data. July 18, 2025 ©2025 Esri Page 2 of 2 22 715 ZONING MAP OF APPRAISED PROPERTY: C-3, C-2 & C-1 APPRAISED PROPERTY IN THE BOYNTON BEACH BOULEVARD OVERLAY AREA 23 716 CURRENT LAND USE MAP LRC, LOCAL RETAIL COMMERCIAL & OC, OFFICE COMMERCIAL CRA RECOMMENDED FUTURE LAND USE MIXED USE, LOW DENSITY, 20 UNITS/ ACRE 24 717 SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS PROPERTY APPRAISED: Inn at Boynton Beach 480 West Boynton Beach Boulevard Boynton Beach, FL 33435 OWNERSHIP: Irache Partners LLC 4200 Granada Boulevard Miami, FL 33146-1240 LAND AREA: 96,538 square feet prior to FDOT acquisition 4,767 square feet FDOT acquisition 91,771 square feet after the FDOT acquisition BUILDING IMPROVEMENTS: Mid-rise, 101 room hotel, with two buildings. Two- story, reception building contains 7,198 square feet and four-story guest room building containing 40,550 square feet. Total building area is 47,748 square feet, constructed in 1981. ZONING: “C-3”, Community Commercial District (controlling district) “C-2”, Neighborhood Commercial District “C-1”, Office & Professional Commercial District in the city of Boynton Beach LAND USE: “LRC”, Local Retail Commercial & “OC”, Office Commercial CRA DISTRICT: Boynton Beach Boulevard Overlay District. Recommended future land use: Mixed Use, 20 dwelling units per acre APPRAISAL PURPOSE: To develop an opinion of market value of the property as-is INTEREST APPRAISED: Fee simple CURRENT USE: 101 room hotel HIGHEST AND BEST USE: As vacant: Commercial use permitted in the “C-3” district. Future - vacant: Amend the future land use designation and rezoning of the site to “MXL”, Mixed Use Low density, 20 dwelling units per acre. 25 718 SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS (Continued) HIGHEEST AND BEST USE: As improved: Implement the cure of reconstructing the parking lot after the FDOT acquisition, with reconfiguring the parking and constructing the supporting site improvements. Further, make necessary repairs and replacements for the hotel to efficiently operate until the end of its physical and economic life. AS-IS PROPERTY VALUE AFTER THE FDOT ACQUISITON OF PART: EIGHT MILLION TWO HUNDRED TWO THOUSAND DOLLARS $8,202,000 VALUATION DATE: August 1, 2025 Allocation of the Subject Property Value As-Is for Audit Purposes: The client requested an allocation of property values for audit purpose. The value of the land is based on recent sales of similar parcels. Depreciated improvement value is the residual portion of the total value. Property Value: $8,202,000 Land Value: $5,965,000 Depreciated Improvement Value: $2,237,000 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. 26 719 PREFACE TO VALUATION An Action in Eminent Domain was brought against the appraised property by the State of Florida Department of Transportation (FDOT) in Case No. 2022-Civil Action-012797, Parcels 109 and 707. FDOT brought the action to acquire a portion of the appraised property for the widening to the Interstate 95 interchange with Boynton Beach Boulevard. The appraised property is located at the southeast corner of the interchange, and is the first property to be accessible via West Boynton Beach Boulevard traveling east on the road after exiting I-95. The action was concluded with a Stipulated Final Judgement recorded in Official Record Book 35184, page 358, Palm Beach County, FL, recorded on August 2. 2024. A copy of the document is in the Addenda of this appraisal. The document states that the Court finds that the compensation to be paid by FDOT (Petitioner) is “full, just and reasonable for all parties concerned.” The court ordered and adjudged that the FDOT pay the property owner (Defendant) $2,900,000 for “property taken, damages to the remainder, and for all other damages of any kind or nature.” FDOT acquires the property by quit claim deed from the owner. The Court directed the Clerk of Court to close the case and record the judgement. Parcel 109 is for the acquisition of 4,767 square feet of land and site improvements on it. Parcel 109 is located along the north side of the site as noted on the following Sketch of the Part Acquired. Parcel 707 is for a temporary construction easement containing 1,879 square feet for the purpose of “tying in and harmonizing the property and the driveways, walkways, etc. to the roadway improvements on Boynton Beach Boulevard.” Tying in and harmonizing requires partial removal of the concrete pad/ patio area, fences dumpster enclosure, fencing and gate. The remainder property will be harmonized to a gravity wall and fence which FDOT will construct on its adjacent right-of-way. The easement shall expire on July 21, 2028. In the area of the acquired property is a row of parking and site improvements. The Stipulated Final Judgement includes payment to the property owner for the acquisition of these items and for restoration of the area of the taking. However, FDOT does not perform the restoration on the remaining land. FDOT has legally acquired the part taken; however, physical acquisition has not occurred. The project is scheduled to begin in July, 2025 as noted on the FDOT flyer following this section of the appraisal. The flyer shows a diagram of the project, its improvements and traffic impacts. Once the taking has physically occurred, the appraised appearance of the property will change, and there will be a loss of 20 parking spaces. Funds are included in the amount of the Stipulated Final Judgement for the restoration of the property and for damages to the property that cannot be physically corrected. The funds are to make the property whole after the taking. If the funds are not spent on the restoration by the current owner and the property were sold, the next owner would have to pay for the work to be done. 27 720 PREFACE TO VALUATION (Continued) The property owner provided an appraisal prepared for him for the Action in Eminent Domain by a private commercial real estate appraisal firm, Brannum Appraisal Consultants. That appraisal includes a proposed parking lot reconfiguration after the taking prepared by Reginal V. Mesimer, P. E. at Mesimer Patterson, Irvine Consulting Engineers and Planners. The plan shows the loss of 20 parking spaces from the taking: 128 before, 108 after. The reconstructed parking lot would allow the property to continue to operate as a hotel, but with diminished functional utility. Boynton Beach Community Redevelopment Agency did not have a separate study made for parking loss; therefore, Vance Real Estate Service will use the reconstructed parking plan prepared by Mr. Mesimer. 28 721 SR 9/I-95 at SR 804/Boynton Beach Boulevard Interchange Improvements Project in the City of Boynton Beach FLORIDA DEPARTMENT OF TRANSPORTATION PROJECT INFORMATION FLYER State Road (SR) 9/I-95 at SR 804/Boynton Beach Boulevard Interchange Improvements Project From Old Boynton Road to NW 3rd Avenue in the City of Boynton Beach Palm Beach County, FL Financial Project ID: 435804-1-52-01 The Florida Department of Transportation (FDOT) is pleased to provide information regarding the SR 9/I-95 at SR 804/Boynton Beach Boulevard Improvements Project. This project aims to enhance the safety, resiliency, and longevity of the infrastructure for our communities. Construction Cost: $64 million Construction Start: July 2025 Anticipated Completion: Early 2029 . PROJECT IMPROVEMENTS • Widen the SR 804/Boynton Beach Blvd. bridge over SR 9/I-95 to accommodate dual left turn lanes to access SR 9/I-95 northbound and southbound, improving traffic flow • Add additional turn lanes for the northbound and south- bound SR 9/I-95 on- and off-ramps at SR 804/Boynton Beach Blvd. to increase capacity and improve traffic flow • Add a third through-lane on westbound SR 804/Boynton Beach Blvd. at the SR 9/I-95 interchange to improve mobility • Mill and repave the roadway throughout the project limits to enhance infrastructure resilience and improve safety • Construct 5-foot to 7-foot bicycle lanes in each direction to enhance bicyclist accessibility and safety • Replace traffic signal mast arms at Old Boynton Rd., W. Industrial Ave., and the SR 9/I-95 on- and off-ramps to leverage technology and enhance mobility • Install traffic monitoring cameras and Wrong Way Detection devices to enhance motorist safety • Upgrade curb ramps and construct 8-foot sidewalks throughout the project limits to improve pedestrian safety • Retrofit and install new LED lighting to enhance motorist awareness and pedestrian visibility at night • Upgrade signage and pavement markings, including bicycle markings, to enhance visibility and safety CONTACT INFORMATION Joel Jara, P.E.— FDOT Project Manager joel.jara@dot.state.fl.us or (561) 978-5084 Alain Jimenez, P.E. — Project Administrator ajimenez@cegroupfl.com or (786) 342-5053 Meredith Cruz — Community Outreach Specialist mcruz@cruz-pr.com or (561) 589-9584 WEBSITE AND SOCIAL MEDIA Instagram/X: @MyFDOT_SEFL Facebook: @MyFDOTSEFL Project website: www.d4fdot.com FLORIDA DEPARTMENT OF TRANSPORTATION MISSION STATEMENT The Florida Department of Transportation’s mission is to provide a safe statewide transportation system that promotes the efficient movement of people and goods, supports the state’s economic competitiveness, prioritizes Florida’s environment and natural resources, and preserves the quality of life and connectedness of the state’s communities. TRAFFIC IMPACTS • Work will occur in phases to minimize impacts to the public • Eastbound single lane closures along SR 804/ Boynton Beach Blvd. are permitted: • From Old Boynton Road to W. Industrial Ave. from 6:30 p.m. until 4:30 p.m. • From W. Industrial Ave. to SR 9/I-95 from 9:00 p.m. until 7:00 a.m. • Westbound single lane closures along SR 804/ Boynton Beach Blvd. are permitted: • From NW 3rd Ave. to SR 9/I-95 from 9:30 p.m. until 7:30 a.m. • From SR 9/I-95 to W. Industrial Ave. from 7:30 p.m. to 8:30 a.m., and 10 a.m. until 1:30 p.m. • From W. Industrial Ave. to Old Boynton Rd. from 9:30 p.m. until 7:30 a.m. • Lane closures and detours along SR 9/I-95 are permitted from 8:00 p.m. until 6:00 a.m., Sunday night through Friday morning; Detours are restricted to one direction of travel at a time • Lane closures and detours along the SR 9/I-95 off ramps are permitted from 9:00 p.m. until 7:00 a.m. • Dedicated works zones will be established to perform work operations behind barrier wall • Sidewalks and curb ramp closures will be implemented as needed with temporary pedestrian detours • Business and residence access will be maintained at all times 29 722 SKETCH SHOWING PARCEL 109 -THE PART ACQUIRED BY FLORIDA DEPARTMENT OF TRANSPORTATION (PINK) FROM THE APPRAISED PROPERTY & PARCEL 707 -TEMPORARY CONSTRUCTION EASEMENT (GREEN) 30 723 SITE PLAN FOR POTENTIAL PARTIAL CURE FOR LOSS OF 20 PARKING SPACES CAUSED BY THE FLORIDA DEPARTMENT OF TRANSPORTATION ACQUISITON OF PARCEL 109 FROM THE APPRAISED PROPERTY 31 724 DESCRIPTIONS, ANALYSES, CONCLUSIONS 32 725 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: Irache Partners LLC 4200 Granada Boulevard Miami, FL 33146-1240 Property Address: 480 West Boynton Beach Boulevard Boynton Beach, FL 33435 Legal Description: Lengthy description on acquiring deed in Addenda Census Tract No. 62 33 726 APPRAISAL REPORT (continued) Real Estate Tax: Parcel Control Number: 08 43 45 28 15 071 0010 Land Value: $1,740,598 Improvement Value: 3,912,175 Total Value: $5,652,773 Assessed Value: $5,011,552 Exemption Amount: - 0 - Taxable Value: $5,011,552 Ad Valorem Tax: $ 104,577 Non Ad Valorem Tax: 25,877 Total Tax: $ 130,454 This real estate tax data pertains to the subject property after the acquisition by FDOT. Real estate tax for 2024 is paid. There are no outstanding taxes for previous years. There are no tax exemptions for the property. 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. 34 727 APPRAISAL REPORT Flood Zone: “X”, according to FEMA Map No. 12099C0789 G. Zone “X” is not in a Special Flood Hazard Area. 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 (FEC) Railway from West Palm Beach to Miami in 1896. The railroad was the main mode of transportation to bring visitors and manufactured products to the town as well as transporting produce grown in the vicinity out of the area to other cities in the southeastern United States. Freight trains still run through the subject market area on the FEC tracts. Higher speed, passenger Brightline train runs along the FEC tract, but does not stop in Boynton Beach. There are 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. 35 728 APPRAISAL REPORT (continued) The subject market area is the Boynton Beach Boulevard CRA district, delineate by the Boynton Beach Boulevard corridor. To the east is the Downtown CRA District with the following general boundaries of Florida East Coast (FEC) Railroad on the west, Federal Highway and the Intracoastal Waterway on the east, Northeast 7st Avenue to the north and Southeast 12 Avenue on the south. The market area fans out to the Federal Highway North and South CRA Districts, flanking the Downtown District. The geographic area is relatively small, with one district blending into the next. As stated, the immediate subject market area is the Boynton Beach Boulevard corridor (east/ west) and Federal Highway (north/south). These are the most heavily traveled arteries in the city. Federal Highway is the main north-south artery through the Downtown District. It is also known as US Highway 1 and is the main north-south artery through eastern Palm Beach County and extends along the eastern seaboard of the United States. Heavily trafficked Federal Highway is a catalyst to redevelopment of the market area, with over 2,300 residential dwelling units in five projects either built or planned. Road beautification projects enhanced the aesthetics of the market area. Most individual properties have shallow depths, inhibiting redevelopment of small parcels on their own. Hence, assemblages of adjacent properties and rezoning to mixed use are revitalizing the subject market area. Primary east-west artery is Boynton Beach Boulevard, with Ocean Avenue to the south as a secondary thoroughfare. Boynton Beach Boulevard is the principal east-west artery in city, having interchanges with Interstate 95 and Florida’s Turnpike. Boynton Beach Boulevard commences in the east at US Highway 1, just to the east of the FEC Railroad. The boulevard continues west through Palm Beach County to its terminus at State Road 7/ U S Highway 441. Ocean Avenue, in the Cultural District of the CRA, is an upgraded streetscape of wide sidewalks covered with pavers, lighting, kinetic sculptures, and bollards. Ocean Avenue continues east of the Cultural District with a drawbridge over the Intracoastal Waterway, reaching Ocean Boulevard and the Atlantic Ocean. Ocean Avenue extends west through Boynton Beach, with an interruption at Interstate 95. 36 729 APPRAISAL REPORT (continued) To the northwest of the Downtown District and the Federal Highway North District is the Heart of Boynton District where the CRA has concentrated funds and effort into revitalizing the area with new housing options and upgraded streetscapes. The CRA has purchased numerous smaller properties to assemble larger sites for redevelopment of mixed use projects. 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. 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 2024 in the one-mile radius is $79,688, for three miles it is $80,310, and $84,959 for the five mile circle. Median household income for Palm Beach County is $81,115. In the one-mile circle, population is 19,205. In three miles, population increases to 102,398; at five miles, it is 221,698. However, about 35% of the three and five mile circles are over the Atlantic Ocean and waterways. Annual growth rate in the one-mile circle for the past five years was high at 1.69%, with new multi-family residential complexes being constructed in central Boynton Beach. However, annual growth rate is projected to decrease to 0.40% in the one mile circle for the next five years. Annual growth rates in the three and five mile circles will be slower at 0.17% and 0.26%, respectively. 58% of the housing units are owner occupied, with 27% rented. 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 noted. Median home value in the five-mile area is $453,506 including the highly priced homes fronting the Atlantic Ocean and Intracoastal Waterway, compared to median home value of $370,578 in the United States. Economic Trends In South Florida, as in the rest of the United States, real estate prices climbed from 2003-2006. In 2007-2008, concerns were expressed about an unsustainable upward price trend in the market. Then, the economic collapse came in fall of 2008 along with th e crash in real estate prices. 37 730 APPRAISAL REPORT 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 two year s due to the increase in interest rates and prices of building materials. Sales volumes in 2023 and 2024 were 75% lower than in 2022 across the real estate board. Some 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 and is influencing activity in each sub-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 along Federal Highway such as Ocean One at 114 N Federal Highway which was finally approved for 371 apartments, 25,588 square feet of retail, and 450 parking spaces. Davis Camalier sold the site to Hyperion Group for $78.98 per square foot in December, 2021. Another Federal Highway project is comprised of thirteen parcels beginning at the northeast corner of North Federal Highway and SE 2 Avenue, then extending east. All of the existing improvements were demolished and removed to make way for Broadstone at Boynton Beach, a mixed use project with 274 dwelling unit and 13,110 square feet of retail space. Land unit sale price equates to $83.18 per square foot in May, 2022 for the initial transaction. With the project underway, there was a second sale to another developer, but construction has stopped for now. 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 purchase of 508 East Boynton Beach Boulevard. 38 731 APPRAISAL REPORT 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 idle. 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 $115 per square foot of land. The master plan for the parcels includes: o 898 residential rental units in two eight story buildings o 23,500 square feet of retail space o Parking garage for 2,000 vehicles, with 474 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 . However, the developer applied for tax increment financing from the Boynton Beach CRA to make the project financially viable. 39 732 APPRAISAL REPORT The Villages is under construction between Boynton Beach Boulevard on the north and Ocean Avenue on the south, on the west side of the FEC Railroad corridor. The project is moving forward after several years of delay. It will be a mixed use of 336 dwelling units and 10,000 square feet of commercial space. 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 nearing completion 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 being 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. Construction is underway for 41 for-sale units, consisting of 19 single-family houses and 22 townhouses. Boynton Beach CRA acquired three of the four corner properties at the intersection of Federal Highway and MLK Boulevard (NE 10 Avenue). The southwest corner is privately owned. The southeast corner is the most recent purchase in February, 2024 for $1,000,000 or $60.33 per square foot of land. 40 733 APPRAISAL REPORT The 16,575 square foot parcel is zoned “C-4”, Commercial. Old improvements were demolished and removed by the CRA. This transaction is cited as Land Sale 1 in this appraisal. Boynton Beach CRA acquired the property at 401-411 E Boynton Beach Boulevard and demolished the old improvement. Plans are redevelop the site with a USPS Downtown Station to replace the retail service that will be closed at the USPS at 217 N Seacrest Boulevard. 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 subject market area has the components of an appealing neighborhood with schools, parks and recreation. It is easily accessible by main roads and Interstate 95. Goods and services are available on Boynton Beach Boulevard and US Highway 1. With the involvement of the City of Boynton Beach and the Community Redevelopment Agency, the Community Redevelopment Plan can continue to succeed in revitalizing the area. The transformation of the area is in progress. Although, development of real estate takes time and the right market conditions have to be present. Upward price trend for property in the subject market area should continue for the foreseeable future. Platting: The appraised land is partially platted as cited in the acquiring deed. If the appraised land is redeveloped, a new plat would most probably be required. Land Use: Land use is “LRC,” Local Retail Commercial on the west part of the site and “OC”, Office Commercial on the east section. 41 734 APPRAISAL REPORT Zoning: Zoning district for the main portion of the appraised land is “C -3”, Community Commercial District with the purpose to implement local retail commercial future land map classification of the comprehensive plan. The intent of the district is to use the property for appropriate intensive retail commercial uses for goods and services located along major thoroughfares. The “C -3” district allows a maximum density of 11 dwelling units per acre. Minimum lot area is 15,000 square feet per; minimum lot frontage is 75 feet. The appraised site meets the size standards of the “C-3” district. Excerpt from the “C -3” ordinance is in the Addenda. About a quarter of the site is in the “C-2” zoning district, Neighborhood Commercial District. Minimum lot size in “C-2” is 5,000 square feet. Minimum lot frontage is 50 feet; minimum lot depth is 100 feet. A small part of the site is in the “C -1” zoning district, Office and Professional Commercial District. Minimum lot size is 9,000 square feet. Minimum lot frontage is 75 feet; minimum depth is 120 feet. The districts allow a comprehensive list of retail, office, service, healthcare uses. Hotel use is only permitted in the “C -3” district. “LRC”, Local Retail Commercial land use allows lodging facilities. Future recommended land use is “MXL”, Mixed Use Low, 20 dwelling units per acre. For non-residential use, development may be at a maximum of FAR (floor area ratio) of 2.5. Change of land use would be by an amendment to the Land Use plan initiated by the property owner. If an amendment were approved, the subject site of 91,771 square feet (after the FDOT acquisition) may be allowed to be developed with 42 dwelling units. 42 735 APPRAISAL REPORT An amendment to the Land Use plan would have to be in agreement with the Boynton Beach Boulevard Overlay District (BBBO) which has a list of prohibited uses. However, no legally existing uses shall be deemed nonconforming as a result of the BBBO regulations. Hence, use of the subject property as a hotel is most probably a legal use. City officials determine legal and conforming uses. Site Description: The land appraised is at the southeast corner of the Interstate 95 interchange with West Boynton Beach Boulevard. The shape of the site is irregular having been affected by Actions in Eminent Domain for the construction of the expressway and widening of the boulevard. Approximate dimensions are from public records; size is from the Palm Beach County tax roll. Maximum east-west distance is 470 feet; maximum north-south distance is 230 feet. Frontage on West Boynton Beach Boulevard is 425 feet. Land sizes: 96,538 square feet prior to FDOT acquisition 4,767 square feet FDOT acquisition 91,771 square feet after the FDOT acquisition Utilities: All utilities are available to the site. Access: The site is accessible via West Boynton Beach Boulevard, a four-laned main east-west artery in the city (east of I-95). The boulevard was upgraded with wide sidewalk, traffic markings, repaving, et cetera. The access point to the property is at the northeast tip of the parcel. There is a median break on Boynton Beach Boulevard, allowing vehicles to travel directly on both eastbound and westbound travel lanes of the boulevard. 43 736 APPRAISAL REPORT The south side of the parcel front NW 1 Avenue and a small segment of NW 4 Street. On the north side of the intersection of these two roads is a secondary entrance to the appraised property. It is used for emergency access by the fire and police departments; otherwise the gate to the entrance is locked. Topography: Elevation of the west side of the site is elevated due to the proximity to the containment area for the I-95 interchange. Hence, the land concerned slopes from west to east, where it terminates at about road grade. Vegetation includes mature trees, shrubs and landscaped buffers. Easements: Easements are not noted on the original plat. If they exist, utility easements would be most probably around the perimeter of the lot. Improvement Description: The appraised improvement consists of two detached structures. The reception building has two levels. On the ground level is the reception area, lobby, fitness room, banquet room, kitchen, storage, men’s and women’s restrooms. On the underground level, accessible via a sloped driveway, is covered parking, mechanical room, and laundry. This parking was closed to guests at the time of viewing the property. The west building contains four floors of 101 guest rooms total. Upper floors are accessible via two elevations and stairs. Guest rooms are on both sides of the enclosed hallways. Guest rooms are approximately the same size, either set up with two queen-sized beds or one king-size bed. Bathrooms are separate from the sleeping area for privacy. 44 737 APPRAISAL REPORT Reception building contains 7,198 square feet. Guest room building contains 40,550 square feet. Total building area is 47,748 square feet on the Palm Beach County tax roll. Date of construction was 1981. The hotel had been a Holiday Inn, then later independent lodging. Building sketches from the Palm Beach County Property Appraiser’s office are in the Addenda. The property owner reported that the entire property was leased to an operator for the past 12 years who did not maintain the premises well. There are numerous signs of deferred maintenance. Further, the improvements are 44 years old. Marshall Valuation lists useful life at 50 for a hotel with Class “C” construction, “Average” quality of construction. There has been no updating or remodeling of the hotel in many years. The property owner stated the roof and windows should be replaced. The hotel is in its waning years of useful life. Reportedly, occupancy is 50-55% capacity, mainly due to location at an I-95 interchange. As noted in the Brannum Appraisal Consultants report, the four-story building is encroaching into the right-of-way by about 1.5 feet. The two-story building is approximately 2 feet short of meeting the 20 foot set-back from the right-of -way. These non- conformities have been permitted to exist for years and are common in older properties near prior takings for rights-of -way. They are part of the considerations of the development of value for the property. Building details: Foundation: Reinforced slab on concrete spread footers 45 738 APPRAISAL REPORT Exterior Walls: Concrete block with concrete columns and tie beams; exterior finish is painted stucco and frozen rock panels Floors: Smooth concrete covered with carpeting, ceramic tile or vinyl tile. Interior Walls: Drywall over metal studs Roof System: Flat roof covered with insulation and finished with composition material Windows: Fixed glass in metal frames HVAC: Central system in common areas and individual units in guest rooms Fire protection: Wet fire sprinkler system in both buildings Furniture, Fixtures & Equipment: F F & E used in the operation of the hotel are included in the value of the real estate. However, these items are older and would probably not bring a significant price if sold separately from the buildings. Site Improvements: Asphalt paved parking area, marking for 128 parking spaces, concrete walkways, fencing, gates, landscaping, irrigation system, dumpster enclosure, curbing, swimming pool, patio and security fencing, signage, light standards. Note: the swimming pool was closed to guests during the view of the property. Environmental Assessment: No assessment was available for review. 46 739 APPRAISAL REPORT Parking: As stated in the Preface to Valuation, the parking analysis and sketch prepared by Mr. Mesimer is used in this appraisal. Prior to the FDOT acquisition of part of the appraised property, there were 128 parking spaces; 127 were required by building code. The FDOT acquisition resulted in a loss of 20 parking spaces for a total remaining of 108 spaces. An excerpt from the Boynton Beach zoning code lists the parking requirement for a hotel suite at 1.25 spaces per unit, plus loading areas. (The requirement is less in the Mixed Use Core District; however, the subject is not in that district.) The parking ratio for the appraised property was reduced from 1.27 spaces per unit to 1.07 spaces per unit, making the property substandard for parking requirements. 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 August 1, 2025. 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. 47 740 APPRAISAL REPORT 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. * 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: August 1, 2025 B) Date of the Report: August 1, 2025 48 741 APPRAISAL REPORT 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 improved sales and land sales. The process included searches and analyses, inspections and confirmations, and final reporting. The appraiser examined several sources of sales data, including CoStar Group, Loopnet, Realquest, 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. 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 Approaches, improved sales or land sales are compared to each other and to the property under appraisement to arrive at an opinion of value. Adjustments are made to the sales for difference in elements of comparison affecting price. The information analyzed and appraisal methods used are detailed in the valuation sections of the report. Further, the reasoning that supports the analysis, opinion, and conclusion are explained in those sections. The Income Approach is not employed in this appraisal. 49 742 APPRAISAL REPORT The property owner regained control of the property in February, 2025 after a 12 year lease to another operator, making historical data not available. Further, the property owner is operating the hotel on a temporary basis until it is sold. Repairs and replacements are not made to facilitate optimum operation of the facility. Projecting income and expenses data for a hotel under these conditions is speculative and would not provide an accurate basis to develop an opinion of value for the property. Further, if the client and intended user of this appraisal acquires the property, they do not intend to operate the hotel. For all of these reasons, the Income Approach to Value is not used in this appraisal. Cost Approach is not employed because the age of the subject improvement. Exclusion of the Income and Cost Approaches still produces a creditable report. SR 1-5 When the value opinion to be developed is market value, if such information is available in the normal course of business: a) analyze all agreements of sale, options, or listings of the subject property current as of the effective date of the appraisal; The property is offered for sale at a price of $9,100,000 in its as-is condition. b) analyze all sales of the subject property that occurred within the three (3) years prior to the effective date of the appraisal. The last arm’s length transfer of ownership by warranty deed was on December 26, 2012 for $3,900,000. A copy of th e deed is in the Addenda. This sale occurred too far in the past to be of relevance to the current valuation. 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 a hotel, and it is this use which is reflected in the appraisal. Personal property is included in the valuation. 50 743 APPRAISAL REPORT 2-2(a)(xii) When an opinion of highest and best use was developed by the appraiser, state that opinion and summarize the support and rationale for that opinion; HIGHEST AND BEST USE OF THE PROPERTY AS VACANT Physically Possible as Vacant No soil or subsoil tests are available for review. However, the land has supported a mid-rise hotel since 1981. The shape of the land is irregular, not easily meeting set-back requirements. The site is filled and sloped from west to east where it is at street level; type of fill is not known. Part of the appraised site is platted; part is not. A new plat is probably required. Prior to the FDOT acquisition of 4,767 square feet of land, the parcels size was 96,538 square feet. After the acquisition, land size is 91,771 square feet. All utilities are available to the site. The site is accessible via one driveway on West Boynton Beach Boulevard. An emergency entrance is on NW 1 Avenue. Physical constraint to develop the site is its size which governs the number and size of potential buildings which can be placed on it. 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. The predominant zoning district for the appraised land is “C-3”, Community Commercial District. Minimum lot area is 15,000 square feet; minimum lot frontage is 75 feet. There are smaller sections of “C-2” and “C- 1” districts. Future land use is “LRC”, Local Retail Commercial and “OC”, Office Commercial. Future recommended land use is Mixed Use Low Density, 20 dwelling units per acre. Minimum size in that district is 0.50 of an acre, with 100 feet of frontage. The appraised land meets those standards. Legally permissible uses under current zoning and land use include hotel, restaurant, retail sales, offices, services, theaters, group homes, stores, schools, places of worship, et cetera. An amendment to the land use plan and zoning change would be necessary for change to mixed use, 20 units per acre. Such an action would have to be initiated and carried through by the property owner at their time and expense. At the land size post the FDOT acquisition, probably 42 dwelling units could be constructed on the subject site. Non- residential use would have an FAR of 2.5. City officials determine use and density of properties in the municipality. 51 744 HIGHEST AND BEST USE OF THE PROPERTY AS VACANT 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. Numerous projects in the Boynton Beach Community Redevelopment Area are mentioned in the Market Area section of this appraisal. Most sites came about by the assemblage of smaller parcels into larger ones for mixed use development. Once a large site is assembled, the development process can commence with possible zoning and/or land use change to permit a project such as 500 Ocean. For mixed use, low intensity, 0.50 of an acre is required; for high density, one acre is required. The appraised property contains 91,771 square feet or 2.11 acres, already meeting the size standard for Mixed Use Low Density. Currently, 13 properties to the east of the subject site are offered for sale. Their combined size is 3.30 acres. Those 13 properties and the subject land total 5.41 acres, most of the block. There are a few lots in block not included in the group of 13. Nonetheless, land area of 5.41 acres would be a large site for revitalization at the road entrance to the main section of the city of Boynton Beach. Currently, financially feasible use of the appraised land is to improve it with a commercial use permitted in the “C-3” district such as stores, offices and restaurants. Future financially feasible use of the subject is to change the zoning and land use to Mixed Use Low Intensity for 42 dwelling units on the upper floors and retail/ commercial on the ground level. The most probable buyer is a local/ regional developer who wants to be a part of the revitalization of Boynton Beach. Time for development is now with little competition from similar projects in the immediate subject market area. Maximally Productive as Vacant In summary, the Highest and Best Use of the land in question is to be developed with a mid-sized commercial project which use is physically possible, legally permissible, financially feasible and maximally productive. Future highest and best use is to change the zoning and land use to permit a mixed use project of low intensity with residential units on the upper floors and commercial use on the ground level. 52 745 HIGHEST AND BEST USE OF THE PROPERTY AS IMPROVED Physically Possible Improved The improvement appraised is comprised of two commercial structures used as a reception building and guest room building. Both were constructed in 1981. For the past 12 years, the owner leased the property to an operator who did not maintain the premise. The structures appear to be in below average condition with signs of aging. Demolition is physically possible. Legally Permissible Improved The subject use as a hotel is legally permissible in the “C-3” district; however, city officials make that determination. There are non -conformities of the building due to property changes over time. Prior to the FDOT acquisition, parking seems to have met code; after the acquisition, parking does not meet code of 1.25 spaces per room. The ratio is now 1.07 spaces per room, if the property owner implements the plan to reconstruct the parking lot. If the plan is not carried out, parking will be further diminished. Financially Feasible Improved In the Sales Comparison Approach for improved properties, transactions of five properties are presented. Improved Sales 1, 2 and 3 were hotels purchased to be converted to affordable housing, as will be discussed. Improved Sales 4 and 5 are independent hotels purchased to remain that way. These properties were improved in the 1980s, requiring modernizing. However, the buyers of the properties decided that the price of the purchase and work to be done were less than the time and money to commence a new project. The sales demonstrate that the old improvements have a contributory value to the property. This factor applies to the subject property. It is older and in need of renovation to continue in use. However, the density of the property is 48 units per acre (post FDOT acquisition siz e), while future density would only be 20 units per acre. Financially feasible use of the property as improved is to retain the existing improvements and refurbish them to rentable condition as a hotel, then maintain the use as a hotel until the end of its useful life. Further, to achieve financial feasibility, implement the cure of reconstructing the parking lot as per the plan included earlier in the report. 53 746 APPRAISAL REPORT Maximally Productive Improved The maximally productive use of the property as improved is its current use as a hotel that is refurbished, with a reconstructed parking lot. Such use is phy- sically 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. 54 747 SALES COMPARISON APPROACH 55 748 56 749 IMPROVED SALE SALE NO. 1 La Quinta Hotel LEGAL DESCRIPTION Lengthy legal description. See exhibit. SELLER Rore Asset 5981 LLC BUYER Palm Beach County, FL DATE OF SALE Pending LOCATION 5981 Okeechobee Boulevard Unincorporated Palm Beach County, FL ZONING “CG”, General Commercial SALE PRICE $15,000,000 sale price + 40,000 closing costs $15,040,000 effective sale price NOTE: Buyer will pay approximately $1,762,000 for franchise release fee which is not part of the real property being purchased. PROPERTY DESCRIPTION Land size: 130,244 square feet Acres: 2.99 Road frontage: Okeechobee Road Type: Hotel No. of guest rooms: 114 No. of floors: 4 Building square feet: 41,703 square feet Year built: 1988 Swimming pool: Yes UNITS OF COMPARISON $115.48 Per square foot of land, including building 3.12:1 Land to Building Ratio PARCEL CONTROL NO. 00 42 43 23 00 000 7090 CONDITIONS OF SALE Will be a cash sale. Arm’s length transaction. CONFIRMATION Palm Beach County official COMMENTS Prior sale of the property in October, 2022 for $12,950,000, indicating an annual change in market conditions of +6%. The property is located one property to the east of a Florida’s Turnpike interchange with Okeechobee Road. 57 750 IMPROVED SALE (Continued) Palm Beach County intends to renovate the hotel for single- room occupancy for seniors and veterans over age 55. The tenants must be willing to pay up to 30% of their household income for rent and another 20% for supportive services on site. This will not be a homeless shelter or drug rehabilitation facility. Estimated cost of renovation to the hotel is $2,800,000. Upgrades to meet County facility standards are projected to cost another $1,000,000. 58 751 59 752 IMPROVED SALE 1 5981 OKEECHOBEE BOULEVARD PALM BEACH COUNTY, FL 60 753 IMPROVED SALE 1 5981 OKEECHOBEE BOULEVARD PALM BEACH COUNTY, FL (Photo from property brochure) 61 754 IMPROVED SALE SALE NO. 2 Days Inn LEGAL DESCRIPTION Tract “A” and a portion of Tract “B”, SUNNY REACH, Plat Book 75, page 44, Broward County, FL RECORDED Instrument No. 119854607 GRANTOR Balaji Investments Inc. GRANTEE AIDS Healthcare Foundation, Inc. DATE OF SALE October 10, 2024 LOCATION 1700 W Broward Boulevard Fort Lauderdale, FL ZONING “B-1”, Boulevard Business SALE PRICE $17,000,000 PROPERTY DESCRIPTION Land size: 133,361square feet Acres: 3.06 Road frontage: Broward Boulevard Type: Hotel No. of guest rooms: 138 No. of floors: 5 Building square feet: 55,269 Year built: 1982 Swimming pool: Yes Other features: Small, separate reception building UNITS OF COMPARISON $127.47 Per square foot of land, including building 2.41:1 Land to Building Ratio FOLIO NUMBER 50 42 09 36 0010 CONDITIONS OF SALE Financing provided by the Urban League in the amount of $5,000,000. Arm’s length transaction. CONFIRMATION Buyer’s real estate broker at Marcus & Millichap 62 755 IMPROVED SALE (Continued) COMMENTS Buyer’s intended use of the property is to renovate it to provide health care and affordable housing. This grantee also purchased the property described as Improved Sale 3 in this appraisal. After the purchase, the grantee paid for a roof replacement, renovation of the second floor of the guest room building and the third floor. The property is located in the southeast quadrant of the interchange of Interstate 95 and Broward Boulevard. The property borders the North Fork of the New River that merges into the South Fork and meanders east to the Intracoastal Waterway and the Atlantic Ocean. 63 756 IMPROVED SALE 2 1700 WEST BROWARD BOULEVARD FORT LAUDERDALE, FL 64 757 IMPROVED SALE 2 1700 WEST BROWARD BOULEVARD FORT LAUDERDALE, FL (Photo from a sales brochure of the property) 65 758 IMPROVED SALE SALE NO. 3 Ramada Inn LEGAL DESCRIPTION Parcel “A”, 2275 W STATE ROAD 84 PLAT, Plat Book 178, page 198, Broward County, FL RECORDED Instrument No. 119854607 GRANTOR Tropic Hospitality GRANTEE AIDS Healthc are Foundation, Inc. DATE OF SALE September 8, 2022 LOCATION 2275 West State Road 84 Fort Lauderdale, FL ZONING “B-2”, General Business SALE PRICE $15,650,000 PROPERTY DESCRIPTION Land size: 142,035 square feet Acres: 3.26 Road frontage: State Road 84 Type: Hotel No. of guest rooms: 144 No. of floors: 2 Building square feet: 70,416 Year built: 1970/1985 Swimming pool: Yes Other features: Restaurant inside the building UNITS OF COMPARISON $110.18 Per square foot of land, including building 2.02:1 Land to Building Ratio FOLIO NUMBER 50 42 20 60 0010 CONDITIONS OF SALE Cash sale. Arm’s length transaction. CONFIRMATION Office of closing attorney Thomas J. Irons 66 759 IMPROVED SALE (Continued) COMMENTS Buyer’s intended use of the property was to renovate it to provide health care and affordable housing. New name for the property is Broward Village. This grantee also purchased the property described as Improved Sale 2 in this appraisal. The property is located in the northwest quadrant of the interchange of Interstate 95 and State Road 84. 67 760 IMPROVED SALE 3 2275 WEST STATE ROAD 84 FORT LAUDERDALE, FL 68 761 IMPROVED SALE 3 2275 WEST STATE ROAD FORT LAUDERDALE, FL (Photo of the property prior to the sale as a Ramada Inn) 69 762 IMPROVED SALE SALE NO. 4 Quality Inn Palm Beach International Airport LEGAL DESCRIPTION Lengthy legal description. See exhibit. RECORDED O. R. Book 33766, page 1098, Palm Beach County, FL GRANTOR WPB Hotel Partners LLC GRANTEE Belvedere Hotel Property LLC DATE OF SALE August 8, 2022 LOCATION 1505 Belvedere Road West Palm Beach, FL ZONING “GC”, General Commercial SALE PRICE $10,500,000 PROPERTY DESCRIPTION Land size: 133,294 square feet Acres: 3.06 Road frontage: Belvedere Road Type: Hotel No. of guest rooms: 135 No. of floors: 3 Building square feet: 53,544 for hotel and restaurant Year built: 1986 Swimming pool: No Other features: Free -standing restaurant building leased to IHOP UNITS OF COMPARISON $78.77 Per square foot of land, including building 2.49:1 Land to Building Ratio PARCEL CONTROL NO. 74 43 43 29 00 000 5400 CONDITIONS OF SALE Financing provided by ConnectOne Bank in the amount of $6,825,000. Arm’s length transaction. CONFIRMATION Mark Rubin, Buyer’s broker 70 763 IMPROVED SALE (Continued) COMMENTS Property located to the west of the interchange at Interstate 95 and Belvedere Road. Location is also close to the Palm Beach International Airport on the south side of Belvedere Road. The property is currently listed for sale at a price of $13,000,000 with the broker that represented the grantee in the 2022 transaction. 71 764 72 765 IMPROVED SALE 4 1505 BELVEDERE ROAD WEST PALM BEACH, FL 73 766 IMPROVED SALE 4 1505 BELVEDERE ROAD WEST PALM BEACH, FL (Photos is from a sales brochure) 74 767 IMPROVED SALE SALE NO. 5 Inn of America LEGAL DESCRIPTION Lengthy legal description. See exhibit. RECORDED O. R. Book 33717, page 1857, Palm Beach County, FL GRANTOR NIKI Hospitality, Inc. GRANTEE PBG Lodging LLC DATE OF SALE July 14, 2022 LOCATION 4123 Northlake Boulevard Palm Beach Gardens, FL ZONING “CG2”, Intensive Commercial SALE PRICE $5,700,000 PROPERTY DESCRIPTION Land size: 67,518 square feet Acres: 1.55 Road frontage: north of Northlake Boulevard, accessible by easement Type: Hotel No. of guest rooms: 95 No. of floors: 3 Building square feet: 30,401 Year built: 1989 Swimming pool: Yes UNITS OF COMPARISON $84.42 Per square foot of land, including building 2.22:1 Land to Building Ratio PARCEL CONTROL NO. 52 42 42 13 00 000 5140 CONDITIONS OF SALE Financing provided by Banesco USA in the amount of $5,285,000. Arm’s length transaction. CONFIRMATION Office of closing attorney at Block & Colucci COMMENTS Access to the property is via an easement over one property between the hotel and Northlake Boulevard. The hotel has exposure to the off-ramp of Interstate 95 at Northlake Boulevard. It is in the northwest quadrant of the interchange. There is an outdoor advertising sign extending up from the roof line of the hotel. 75 768 76 769 IMPROVED SALE 5 4123 Northlake Boulevard Palm Beach Gardens, FL 77 770 IMPROVED SALE 5 4123 NORTHLAKE BOULEVARD PALM BEACH GARDENS, FL 78 771 IMPROVED SALE COMPARISON & ADJUSTMENT CHART Transactional Adjustments Improved SALE PRICE SALE LAND LAND BUILDING RATIO YEAR MARKET Market Adjusted Price Sales PRICE/ SF DATE Sq.Ft. Size Zoning Sq.Ft.Land:Bldg BUILT Time @ 5%/yr.Adjusted Price Sq.Ft. Land w/ Bldg LAND W/ BLDG 1 5981 Okeechobee Boulevard $15,040,000 Pending 130,244 "CG"41,703 3.12:1 1988 $0 $15,040,000 $115.48 Unincorp. Palm Beach County, FL.$115.48 Similar 2 1700 W. Broward Boulevard $17,000,000 10/10/2024 133,361 "B-1"55,269 2.41:1 1982 $779,280 $17,779,280 $133.32 Fort Lauderdale, Florida $127.47 Inferior + 4.54% 3 2275 W. State Road 84 $15,650,000 09/08/2022 142,035 "B-2"70,416 2.01:1 1970/1985 $2,281,770 $17,931,770 $126.25 Fort Lauderdale, Florida $110.18 Inferior + 14.58% 4 1505 Belvedere Road $10,500,000 08/08/2022 133,294 "GC"53,544 2.49:1 1986 $1,575,000 $12,075,000 $90.59 West Palm Beach, Florida $78.77 Inferior + 15.00% 5 4123 Northlake Boulevard $5,700,000 07/14/2022 67,518 "CG-2"30,401 2.22:1 1989 $878,940 $6,578,940 $97.44 Palm Beach Gardens, Florida $84.42 Inferior + 15.42% SUBJECT VALUE*Value Date Unit Value 480 W. Boynton Beach Blvd.$11,102,000 08/01/2025 96,538 "C-2"47,748 2.02:1 1981 ------------$115.00 Boynton Beach, Florida "C-3" * Value & Land Size Prior to FDOT Acquisition 79 772 SALES COMPARISON APPROACH OVERVIEW In the Sales Comparison Approach the appraiser compares like property to like property. To do this each sale property is adjusted to the property appraised. This approach to value simulates the actions and attitudes of typical buyers and sellers in the market place. The approach is based on the Principle of Substitution which affirms that the maximum value of a property tends to be set by the cost of acquisition of an equally desirable and valuable substitute property, assuming no costly delays encountered in making the substitution. The steps of this procedure are as follows: 1) Locate and collect information of recent sales of properties most similar to the property being appraised. 2) Verify the sales information with parties to the transactions, including details of financing and any special considerations or non-typical market features. 3) Select relevant units of comparison and develop a comparative analysis for each unit. 4) Compare and adjust the sales to the subject using the significant, market-derived units of comparison. 5) Reconcile all value indications from the comparisons into a single value by this approach. For the value by this approach to be meaningful, there must be an adequate number of sales of similar properties for comparison to the subject. Data acquired in the Sales Comparison Approach such as rental amounts, vacancy factors, and expense ratios are used in the Income Approach; and abstracted depreciation of the improvements can be used in the Cost Approach, when used in the appraisal. A reliable Sales Comparison Approach sets a strong foundation for the entire valuation of the subject property. The subject of this appraisal is a mid-rise, four-story hotel with 101 guest rooms. Buildings consist of a two-level reception structure with 7,198 square feet of enclose area and a four-story guest room structure with 40,550 square feet. Total building size on the Palm Beach Count tax roll is 47,748 square feet. Date of construction was 1981. Land area prior to the FDOT acquisition of a portion of the property is 96,538 square feet. The part acquired contains 4,767 square feet of land. Land area after the FDOT acquisition is 91,771 square feet. The acquisition did not change the building size. Zoning for the property is predominantly “C-3”, Community Commercial; land use is Local Retail Commercial and Office Commercial. The first part of this section of the report develops the opinion of value of the subject property prior to the FDOT acquisition of part of it. A search was conducted to find sales of hotels similar to the one under appraisement. Of the sales reviewed, the five included in this appraisal provide the best indications of value for the subject. Details of the transactions are on the sales sheets and chart. (Continued) 80 773 SALES COMPARISON APPROACH (Continued) UNITS OF COMPARISON Units of comparison are components into which a property may be divided for comparison. The purpose of using units of comparison is to relate sales of similar properties to the property being appraised on the basis of significant measures such as price per square foot, price per cubic foot, et cetera. The appropriate units of comparison come from the market. The appraised property and improved sales are older hotels with the land portion of the price being the main contributory component to the value of the property. Hence, the most relevant unit of comparison for this valuation is the Sale Price per Square Foot of Land including Building. The range of unit prices is from $78.77 to $127.47 before adjustments. ELEMENTS OF COMPARISON Elements of comparison are the characteristics of properties and transactions that cause the prices paid for real estate to vary. The Appraisal of Real Estate continues by stating that there are ten basic elements of comparison that should be considered in sales comparison analysis. The first group is termed transactional elements being: real property rights conveyed, financing terms, conditions of sale, expenditures made immediately after purchase and market conditions. The second group is property elements consisting of location, physical characteristics, economic characteristics, use, and non-realty components of value. Each is hereafter addressed. Real Property Rights Conveyed A transaction price is always predicated on the real property interest conveyed. Property interests conveyed can either be fee simple (without tenants) or leased fee (subject to leases). An adjustment for property rights conveyed is based whether a leased fee interest was sold with leases at market rent, or below or above market rent. When a property is sold without leases, its value is normally based on the market rent that it can command and the financing that could be obtained. The interest appraised for the subject property is fee simple. The real property rights conveyed in the sales transactions were also fee simple. No adjustment is made to the sales for this element of comparison. Financing Terms Financing terms may have a bearing on the price paid for a property. Such terms that may affect price include assuming a mortgage at lower than current interest rates, the seller paying a buydown for the buyer to have a lower interest rate, or the seller providing financing for a transaction at lower than typical institutional rates. (Continued) 81 774 SALES COMPARISON APPROACH (Continued) In all of these cases, the buyer could have paid higher prices in such transactions to obtain favorable financing. The reverse is also a possibility in which lower sale prices result from above market financing. If financing affected the price paid, a cash equivalency adjustment is warranted. Such an adjustment may be found by pairing sales of properties with market financing to those with nonmarket financing. Improved Sales 1 and 3 were cash transactions. Higher interest rates encourages third party financing. The grantee of Sale 2 gave a mortgage to the Urban League to finance a small part of the transaction at a 29% loan to price ratio. The grantee of Sale 4 gave a mortgage of 65% to a bank. Grantor of Sale 5 gave a mortgage to a bank for about 100% of the sale price. This financing apparently did not encourage the grantee of No. 5 to pay a higher price for the property. The unit price for Sale 5 is near the lower end of the data set. Reportedly, there were no inducements for the mortgagors to engage in the loans which would affect the sale prices. No adjustment is required for this element of comparison. Conditions of Sale Condition of sale addresses the motivation of buyers and sellers. Such motivations include a seller accepting a lower than market price for needed cash, a lender selling a previously foreclosed property to comply with regulations imposed on the institution, or a buyer purchasing an adjacent property. Even arm's length transactions may be the result of atypical motivation, such as lack of exposure time to the market, the result of an eminent domain proceeding, or tax consideration. Adjustments for condition of sale are often difficult to quantify. None of the improved sales are transactions by lenders after foreclosures of prior mortgages on the properties. The sales were exposed to the open market for a reasonable time period. Motivations for the buyers of Sales 1, 2 and 3 were to provide affordable housing for vulnerable populations. For Sale 1, Palm Beach County will purchase the property for housing for senior citizens and armed services veterans. A private foundation purchased Sales 2 and 3 for housing and healthcare for people with AIDS. Buyers of Sales 4 and 5 bought the properties to continue their use as hotels. Motivations of the sales participants are varied, but not significant in affecting price. Therefore, no adjustment is necessary. Expenditures Made Immediately After Purchase The improved sales were sold in as-is condition. Buyers made improvements after the purchases ranging from minor repairs to extensive renovations. However, the unit prices are not reflective of the amount of work that was needed. Sales 1, 2 and 3 with most work planned have higher unit sale prices. Conversely, Nos. 4 and 5 requiring less work have lower unit prices. Again, the majority of the sale price is vested in the land; the amount of work done to the improvements is the choice of the buyer. No adjustments are made for expenditures after the purchase. (Continued) 82 775 SALES COMPARISON APPROACH (Continued) Market Conditions Comparable sales that occurred under different market conditions than those applicable to the subject on the effective date of the value estimate require adjustment for any differences that affect their value. The most common adjustment for market condition is time; however, the passage of time itself is not the cause of the adjustment. Market conditions which change over time are the reason to make the adjustment, such as appreciation or depreciation due to building inventory, changes in tax laws, investor's criteria, building moratoriums, fluctuation in supply and demand, et cetera. It is also possible that there is no change in market condition over time. Improved Sales 1is pending; Sale 2 closed in 2024. Sales 3, 4 and 5 occurred in 2022. Improved Sale 1 shows an annual increase of 6% per year between the sale dates of 2022 to 2025. Higher interest rates and uncertainty about aspects of the economy are decreasing the volume of sales. 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 2.7% in July, 2025. Considering the various market indicators, a moderate upward trend of 5% per annum is applied to the sale prices. Hence, 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 to the improved sales were addressed for the transactional elements of comparison. Next, adjustments for property elements of comparison are considered. Location The location of a property is a key factor in prompting a buyer to purchase it. Location encompasses many aspects such as road frontage, access, proximity to other competing properties, proximity to a market that will use the goods and services housed in a property, governmental influences, et cetera. Typically, properties in a neighborhood share some of the same locational characteristics such as age, condition, and style. However, there may be differences such as corner location, view, and zoning, to name a few. Properties of a similar type may be in different locations, yet the locations may share enough similarities to justify comparison. Factors of similarity between locations include average daily traffic counts, zoning and/or land use, and market composition. The element of comparison of location is the unifying factor for the improved sales and the subject. Zoning district for the property concerned is mainly “C-3”, Community Commercial, permitting use of a hotel. The zoning districts of the sales also permit hotel use. The subject and improved sales are hotels geared to travelers on Interstate 95 or Florida’s Turnpike. Economy, not leisure, is the guest’s motivation for choosing these lodging facilities. (Continued) 83 776 SALES COMPARISON APPROACH (Continued) The appraised property is located at the I-95 interchange with Boynton Beach Boulevard, with access off the I-95 ramp into the subject. Improved Sale 1 is located on Okeechobee Boulevard on the route to Florida’s Turnpike on-ramp. Sale 2 is just to the east of the I-95 off-ramp. No. 3 is the first grade-level property from the I-95 off-ramp heading west on State Road 84. Sale 4 is to the west of the I-95 interchange with Belvedere Road. No. 5 is visible from the I-95 off-ramp, but set back from Northlake Boulevard, accessible via an easement over another property. The sales demonstrate the relationship of greater unit prices to closer proximity to expressway access. The location of the appraised property is more similar to the locations of Sales 1, 2 and 3, as will be factored into the final valuation. Physical Characteristics Physical characteristics to be considered for adjustments are those that cause a difference in price to be paid by the market. A wide range of such items includes property type, building size, land size, land to building ratio, amount of parking, year of construction, current property condition, functional utility, market appeal, complete build-out of interior space, et cetera. Adjust ments for physical characteristics are best derived from the market by paired sales comparison. The value added or lost by the presence or absence of a differing item in a comparable property does not usually equal the cost of installing or removing the item. Through the process of searching for comparable sales, the physical characteristics are of great import. From the universe of possible comparable sales, those that are most similar to the property appraised are presented in the report for analysis and comparison to the subject. The lesser the number of physical differences, the better. The appraised property is a hotel with 101 guest rooms. The sales are hotels with a range of guest rooms from 95 to 144. The key physical characteristic of the data set is date of construction for the sales and the subject. Construction dates for the sales are from 1970 to 1989; subject date was 1981. None had major renovations since construction. The buildings are older and in the second or third tier of lodging facilities. This aspect of the sales reiterates the point that the majority of price is attributable to the location of the land. The properties were purchased as they sat. After the transactions, grantees of Sales 1, 2 and 3 choose to renovate the improvements; grantees of Nos. 4 and 5 made fewer changes. The sales are not adjusted for this element of comparison because each property was altered to fit the buyer’s needs, not to achieve a market standard for older hotels. Economic Characteristics Economic characteristics of a property include its rental rate, occupancy rate, and expenses; which are the building blocks for the gross income multiplier and overall capitalization rate. This data were not forthcoming from the subject property owner for reasons stated. If purchased, the client does not intend to operate the property as a hotel. Hence, this element of comparison is not addressed in the appraisal. (Continued) 84 777 SALES COMPARISON APPROACH (Continued) Non-Realty Components of Value Non-realty components of value are personalty, business concerns, or other items that do not constitute real property, but can be included in the sale price of either the comparable or the subject property. In the appraisal of properties in which the business operation is essential to the use of the realty, the value of the non-realty component must be recognized, estimated, and reported. The improved sale prices included furniture, fixtures and equipment (FF& E) to operate the hotels. If sold separately from the real estate, the FF&E would have a minimal price. No adjustment is necessary for this element of comparison. Use For properties to be comparable, they should have similar Highest and Best Uses. The property under appraisement as improved has the highest and best use as a hotel. The improved sales were sold as hotels in as-is conditions at the time of title transfer. The uses are similar to each other, not warranting adjustments for this element of comparison. VALUATION OF THE PROPERTY PRIOR TO FDOT ACQUISITION OF PART The adjusted unit prices for the improved sales are as follows: Improved Sale No. Adjusted Price/ SF of Land including Building 1 $115.48 2 $133.32 3 $126.25 4 $ 90.59 5 $ 97.44 Improved Sales 1, 2 and 3 are more similar to the subject for the element of comparison of location which is a key factor in this valuation. Improved Sales 4 and 5 are more similar to the property concerned for intended continued use of the property as a hotel. With greater weight on the group of Sales 1, 2 and 3, the unit value for the appraised property is $115.00 per square foot of land including building. Based on the analyses and conclusions presented within the report, it is our opinion that Market Value of the Fee Simple Interest of the Subject Property Prior to FDOT acquisition by the Sales Comparison Approach, as of August 1, 2025 is: 96,538 square feet x $``5.00 per square foot of land including building = $11,102,000 (Continued) 85 778 SALES COMPARISON APPROACH (Continued) The next part of this section of the appraisal addresses the value of the appraised property after the FDOT acquisition. The acquisition consisted of 4,747 square feet of land and site improvement on it. Land size after the acquisition is 91,771 square feet. The acquisition caused a loss of 20 parking spaces; reduction in width of the driveway onto Boynton Beach Boulevard; and non-functional dumpster, delivery and signage areas. FDOT purchased the described part taken from the appraised property, paid for damages that could be cured and not cured. The price paid by FDOT to the property owner for these items is $2,900,000 as stated as full compensation in the Final Stipulated Judgement cited earlier in the appraisal. This sale price of $2,900,000 is subtracted from the value of the property prior to the FDOT acquisition of $11,102,000 to arrive at the value of the property after the FDOT acquisition of $8,202,000. FINAL VALUE AFTER THE FDOT ACQUISITION: EIGHT MILLION TWO HUNDRED TWO THOUSAND DOLLARS $8,202,000 86 779 SALES COMPARISON APPROACH LAND VALUATION 87 780 88 781 VACANT LAND SALES SALE NO. 1 LEGAL DESCRIPTION Lots 20, 21 and 22, Block 3, LAKE ADDITION TO BOYNTON FLORIDA, Plat Book 11, page 71, Palm Beach County, FL, less west 17 feet of Lot 22 for road right-of-way, plus the 20 foot abandoned alley adjacent to property RECORDED O. R. Book 35062, page 1053, Palm Beach County, FL GRANTOR Yellowbeard, Inc. GRANTEE Boynton Beach Community Redevelopment Agency DATE OF SALE May 31, 2024 LOCATION 1022 North Federal Highway Boynton Beach, FL ZONING “C-4”, General Commercial SALE PRICE $1,000,000 LAND SIZE 16,575 square feet UNITS OF COMPARISON $60.33 per square foot PARCEL CONTROL NO. 08 43 45 21 32 003 0200 CONDITIONS OF SALE Cash sale. Arm’s length cash transaction. CONFIRMATION Theresa Utterback, Boynton Beach CRA Development Services Manager COMMENTS Purchased by the CRA for future commercial development along Federal Highway. This site is at one of the four corners of the intersection of Federal Highway and NE 10 Avenue – Martin Luther King, Jr. Boulevard, the entrance to the Heart of Boynton section of the city. The CRA demolished and removed the old existing improvement subsequent to the transaction. 89 782 LAND SALE 1 1022 NORTH FEDERAL HIGHWAY BOYNTON BEACH, FL 90 783 VACANT LAND SALES SALE NO. 2 LEGAL DESCRIPTION Lots 12 and 13, PARKER ESTATE, Plat Book 10, page 37, Palm Beach County, FL, less east 15 feet for street RECORDED O. R. Book 34963, page 1757, Palm Beach County, FL GRANTOR 1111 S. Federal Hwy Development LLC GRANTEE Boynton Beach Community Redevelopment Agency DATE OF SALE April 15, 2024 LOCATION 1111 South Federal Highway Boynton Beach, FL ZONING “C-3”, Community Commercial SALE PRICE $870,000 LAND SIZE 15,459 square feet UNITS OF COMPARISON $56.28 per square foot PARCEL CONTROL NO. 08 43 45 28 24 000 0120 CONDITIONS OF SALE Cash sale. Arm’s length cash transaction. CONFIRMATION Theresa Utterback, Boynton Beach CRA Development Services Manager COMMENTS Negotiated purchase of vacant land by the Boynton Beach CRA for future commercial development on Federal Highway. Prior sale of the property in December, 2022 for $625,000 indicating a price increase of 29% annualized. 91 784 LAND SALE 2 1111 SOUTH FEDERAL HIGHWAY BOYNTON BEACH, FL 92 785 VACANT LAND SALES SALE NO. 3 LEGAL DESCRIPTION Lengthy legal description. See exhibit. RECORDED O. R. Book 34837, page 61, Palm Beach County, FL GRANTOR YoAtrium. et al GRANTEE FED27 LLC DATE OF SALE February 14, 2024 LOCATION 2607 South Federal Highway Boynton Beach, FL ZONING “C-3”, Community Commercial SALE PRICE $12,033,652 LAND SIZE 185,997 square feet or 4.269 acres UNITS OF COMPARISON $64.70 per square feet PARCEL CONTROL NO. 08 43 45 33 00 000 5070, 080, 5090, 5100 CONDITIONS OF SALE Seller accepted a purchase money mortgage in the amount of $6,000,000. Arm’s length cash transaction. CONFIRMATION Office of closing attorney Les Stevens COMMENTS Property consists of three contiguous parcels. Improvements on the southern parcel have no contributory value to the sale. The property was approved for two projects called The Dune. South part to contain 298 dwelling units and 2,600 square feet of retail space; north part to be 38 townhouses at a density of 40 units per acre. The projects were approved under Florida’s Live Local Act, requiring 40% of the units to be used for workforce housing. 93 786 94 787 95 788 LAND SALE 3 2607 SOUTH FEDERAL HIGHWAY BOYNTON BEACH, FL 96 789 VACANT LAND SALES SALE NO. 4 LEGAL DESCRIPTION Lengthy legal description. See deed. RECORDED O. R. Book 35325, page 1037, Palm Beach County, FL GRANTOR 3047 North Federal LLC GRANTEE SSRS Ventures LLC DATE OF SALE October 7, 2024 LOCATION 3047 North Federal Highway Boynton Beach, FL ZONING “IPUD”, Infill Planned Unit Development SALE PRICE $3,150.000 LAND SIZE 58,486 square feet UNITS OF COMPARISON $53.86 per square foot PARCEL CONTROL NOS. 08 43 46 12 000 0140, 0150, 0160 CONDITIONS OF SALE Cash sale. Arm’s length cash transaction. CONFIRMATION Office of closing attorney Peter H. Carney COMMENTS This site consists of three contiguous parcels. Declaration of Unity of Title for the three parcels was recorded to form one development site by a private owner. 97 790 98 791 99 792 LAND SALE 4 3047 NORTH FEDERDAL HIGHWAY BOYNTON BEACH, FL 100 793 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 1022 N. Federal Highway $1,000,000 05/31/2024 16,575 "C-4"$65,400 $1,065,400 $64.28 Boynton Beach, Florida $60.33 Inferior + 6.54% 2 1111 South Federal Highway $870,000 04/15/2024 15,459 "C-3"$58,029 $928,029 $60.03 Boynton Beach, Florida $56.28 Inferior + 6.67% 3 2607 S. Federal Highway $12,033,652 02/14/2024 185,997 "C-3"$902,524 $12,936,176 $69.55 Boynton Beach, Florida $64.70 Inferior + 7.50% 4 3047 N. Federal Highway $3,150,000 10/07/2024 58,486 "IPUD"$131,355 $3,281,355 $56.10 Boynton Beach, Florida $53.86 Inferior + 4.17% SUBJECT Value Unit Value 480 W. Boynton Beach Blvd.$5,965,000 08/01/2025 91,771 "C-2"--------$65.00 Boynton Beach, Florida "C-3" Land Value & size are aftger FDOT acquisition 101 794 SALES COMPARISON APPROACH LAND VALUATION OVERVIEW Of the several methods to develop an opinion of land value, the one considered to be the most reliable is the Sales Comparison Approach. In this method, sales of other similar vacant parcels are compared to the site concerned; then adjusted for differences to arrive at land value The steps of Sales Comparison in Land Valuation are: 1) Locate and collect information of recent sales of sites most similar to the land being appraised. 2) Verify the sales information with the most reliable sources, including details of financing and any special considerations or non-typical market features. 3) Select relevant units of comparison and develop a comparative analysis. 4) Compare and adjust the sales to the subject using significant, market-derived units of comparison. 5) Reconcile all value indications from the comparisons into a value opinion by this approach. In this section of the appraisal, the subject land is valued at the size of 91,771 square feet, after the FDOT acquisition. The opinion of value for the land developed in this section is subtracted from the value of the entire property after the FDOT acquisition resulting in the value of the depreciated improvements. The appraised land contains 91,771 square feet; located at 480 West Broward Boulevard, Boynton Beach, FL. The site is at the southeast corner of the Interstate 95 intersection with Boynton Beach Boulevard, being the first directly accessible parcel traveling east after exiting the limited access expressway. The controlling zoning district for the subject is “C-3”, Community Commercial District. Land use is “LRC, Local Retail Commercial and “OC”, Office Commercial. Hotel use is permissible in the “C-3” and “LRC” Districts. A search was made to find recent transactions of sites which would provide indications of value for the appraised land. The search focused on the subject market area of Boynton Beach Boulevard and Federal Highway. The land sales on the boulevard were older; sales fronting Federal Highway were more recent. Searching continued along Interstate 95 for land sales at or close to interchanges, with no recent ones found. Of the land sales reviewed, the four most similar to the subject are cited in this valuation section. Details of the sales are on individual land sales sheets and the Land Sales Comparison & Adjustment Chart in the report. (Continued) 102 795 SALES COMPARISON APPROACH (Continued) A unit of comparison used by buyers and sellers of this type land is the Sale Price per Square Foot of Land. The range of unit prices of the land sales used (before adjustments) is from $53.86 to $64.70 per square foot. ELEMENTS OF COMPARISON Elements of comparison are the characteristics of transactions and properties that cause variation in prices paid for real estate. The Appraisal of Real Estate states that there are several basic elements of comparison to consider in sales comparison analysis for land valuation. The first group is termed transactional elements being: real property rights conveyed, financing terms, conditions of sale and market conditions. Adjustments for transactional elements are made, then, attention is focused on the second group, property elements. This second group of property elements consists of location, physical characteristics and use. The relevant elements are hereafter discussed. Real Property Rights Conveyed A transaction price is always predicated on the real property interest conveyed. Property interests conveyed can either be fee simple (without tenants) or leased fee (subject to leases). An adjustment for property rights conveyed is based on whether a leased fee interest was sold with leases at, below, or above market rent. The interest valued for the subject property is fee simple. The land sales were all conveyances of fee simple interests without leases or easements which were significant enough to affect the price. No adjustment is necessary for this element of comparison. Financing Terms Financing terms may have a bearing on the price paid for a property. Such terms that may affect price include assuming a mortgage at lower than current interest rates, the seller paying a buydown for the buyer to have a lower interest rate, or the seller providing financing for a transaction at lower than typical institutional rates. In all of these cases, the buyer could have paid higher prices in such transactions to obtain favorable financing. The reverse is also a possibility in which lower sale prices result from above market financing. Land Sales 1, 2 and 4 were in cash, the most common form of purchase for vacant land. Sale 3 was financed by the seller accepting a purchase money mortgage at a 50% loan to price ratio. The unit price for No. 3 is at the top of the range and may have been affected by the financing, which will be considered qualitatively in the final land valuation. 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. (Continued) 103 796 SALES COMPARISON APPROACH (Continued) None of the land sales are transactions by lenders after foreclosures of prior mortgages on the properties. The Boynton Beach Community Redevelopment Agency purchased Land Sales 1 and 2 in negotiated transactions for its on-going plan to revitalize the Community Redevelopment Area. The prices of these sales were based on transfers of similar properties in the subject market area. The unit prices of Sales 1 and 2 are in the range of the other land sales. Land Sales 3 and 4 were purchased for immediate use of projects fronting Federal Highway. Conditions of sale for the comparable properties were typical for the market. Hence, no adjustment is made for this element of comparison. Market Conditions Comparable sales that occurred under different market conditions than those applicable to the subject on the effective date of the value estimate require adjustment for any differences that affect their value. The most common adjustment for market condition is time; however, the passage of time itself is not the cause of the adjustment. Market conditions which change over time are the reason to make the adjustment, such as appreciation or depreciation due to building inventory, changes in tax laws, investor's criteria, building moratoriums, fluctuation in supply and demand, et cetera. It is also possible that there is no change in market condition over time. All of the sales are recent, occurring in 2024. Some properties have had a significant increase in price during the past few years, such as Land Sale 2 with an annualized increase of 29% within a short time between sales. This percentage of increase is characteristic of the market due in part to scarcity of properties for sale and lack of land for more building. However, the high rate may not be representative of the price trend going forward. For buyers wanting to finance new projects, the rise in interest rates is negatively affecting the prices they can pay. Volume of sales has dropped significantly in 2023-2024 due to the higher interest rates. 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 2.7% in July, 202 5. The paucity of developable land, especially fronting main arteries, keeps the price trend upward, although at a lower rate at about 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 have been considered to the sales for transactional elements of comparison. Next, adjustments for property elements of comparison are considered. Location The location of a property is a key factor in prompting a buyer to purchase it. Location encompasses many aspects such as road frontage, access, proximity to other competing properties, proximity to a market that will use the goods and services housed in a property, governmental influences, average daily traffic flow, etc. Typically, properties in a neighborhood share some of the same locational characteristics such as age, condition, and style. (Continued) 104 797 SALES COMPARISON APPROACH (Continued) Zoning for the tract concerned and the land sales will permit commercial development. The appraised land is located on Boynton Beach Boulevard at the corner of an Interstate 95 interchange, with full access to the boulevard. As discussed, Boynton Beach Boulevard is the main east-west artery in the city, having recently been upgraded east of I-95. There have been a few land sales along the boulevard, although the dates of sale are a few years old. As mentioned, no land sales were found of sites at interstate interchanges. The focus of the search for land sales moved to Federal Highway which is about one mile east of I- 95. The highway and the boulevard are in the mid-range of traffic counts, with bordering properties having a similar level of exposure to local traffic and wider-range travelers. Average Annual Daily Traffic (AADT) for Boynton Beach Boulevard at the location of the appraised land is 32,000 vehicles. AADT on Federal Highway north of the boulevard is 17,300 vehicles; to the south, it is 25,000 vehicles. Hence, the locations of the subject and sales are similar enough not to warrant adjustment for this element of comparison. 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, topogra phy, view, access, functional utility, degree of readiness for development, et cetera. Adjustments for physical characteristics are best derived from the market by paired sales comparison. Through the process of searching for comparable sales, the physical characteristics are of great import. From the universe of possible comparable sales, those that are most similar to the site appraised are presented in the report for analysis and comparison to the subject. The lesser the number of physical differences, the better. The land under appraisement contains 91,771 square feet, in the mid-range of the land sales. Land Sales 1 and 2 are small parcels in the Boynton Beach CRA. Larger sites in the CRA are formed through assemblages of these smaller parcels. No larger sales were found in the CRA. Once assembled, the owner typically moves ahead with a project rather than selling the tract. Land Sale 3 is comprised of three contiguous parcels and is the largest in the data set, containing 185,887 square feet. No. 4 is closest in size to the subject with 58,486 square feet in three contiguous lots. There does not appear to be a direct relationship between land size and price per square foot. Sometimes, smaller sites sell for a higher unit price; other times, larger tracts have higher unit prices due to their greater degree of functional utility for a project. Vacant land is scarce; if found, its specific physiognomies are of lesser importance than its existence. Therefore, no adjustment is made for this element of comparison. (Continued) 105 798 SALES COMPARISON APPROACH (Continued) Use For sites to be comparable, they should have similar uses. The current highest and best use for the appraised property is commercial. A land use amendment and change of zoning open the possibility of the subject being a site for a future mixed use project. Land Sales 1 and 2 have similar current and future highest and best uses. Land Sale 3 was purchased as it was, then went through the process of being approved under Florida’s Live Local Act to be improved with 298 apartment units and 38 townhouses, for a density of 79 dwelling units per acre. The buyer of Land Sale 4 recorded a Declaration of Unity of Title for the three lots to form a potential development site for a mixed use project. Sales 3 and 4 are examples of community revitalization through mixed use projects, which is the wave of the future. The use of the appraised land will be similar to that of Nos. 3 and 4, through a land use amendment or through the Live Local Act. No additional adjustment is made here. FINAL VALUATION The adjusted unit prices for the sales are as follows: Land Sale No. Adjusted Price/ SF 1 $64,28 2 $60.03 3 $69.55 4 $56.10 Each of the sales has some similarities to the subject. The appraised site one of a small sub-set of parcels located at an Interstate 95 interchange with direct access from the intersecting artery. Consequently, the unit value for the appraised land is in the upper mid-range of the sales at $65.00 per square foot. The quantity of the comparable data is sufficient to have an overview of the market for land similar to the appraised parcel. The quality of the data is good in that it provides a sound basis to develop opinions of value for the land under appraisement. Based on the analysis and conclusions presented within the report, it is our opinion that the Market Value of the Fee Simple Estate of the Subject Property as of August 1, 2025 is: 91,771 square feet x $65.00 per square foot = VALUE BY SALE COMPARISON APPROACH $5,965,000 FIVE MILLION NINE HUNDRED SIXTY-FIVE THOUSAND DOLLARS 106 799 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 viewed the property that is the subject of this report on July 22, 2025. 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. August 1, 2025 Jesse B. Vance, Jr., MAI, SRA, ASA Florida State-Certified General Real Estate Appraiser No. RZ-85 A ugust 1, 2025 Claudia Vance, MAI Florida State-Certified General Real Estate Appraiser No. RZ-173 107 800 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 August 1, 2025 Claudia Vance, MAI State-Certified General Real Estate Appraiser No. RZ 173 August 1, 2025 108 801 ADDENDA 109 802 110 803 111 804 112 805 113 806 114 807 115 808 116 809 117 810 118 811 119 812 120 813 121 814 122 815 123 816 124 817 A. C-1 Office and Professional Commercial District. 1. General. The purpose of the C-1 zoning district is to implement the office commercial (OC) future land use map (FLUM) classification of the Comprehensive Plan. The intent of this conventional district is to provide appropriate space for office and professional uses, while also serving as a transitional area between residential and higher intensity commercial areas. 2. Use(s) 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-1 District (Overlay regulations may apply. See Section 8 below.) BUILDING/SITE REGULATIONS C-1 District (Overlay regulations may apply. See Section 8 below.) Minimum lot area: 9,000 s.f. Minimum lot frontage: 75 feet Minimum lot depth: 120 feet Minimum yard setbacks: Front: 30 feet Rear: 20 feet Abutting: Residential district(s) 30 feet Interior side: 10 feet Abutting: Residential district(s) 30 feet Corner side: 10 feet Maximum lot coverage: 40% Maximum Floor Area Ratio (FAR) 0.41 Maximum structure height: (For hospitals only) 30 feet2 45 feet 1 A floor area ratio (FAR) up to 0.40 may be considered for office commercial and related uses allowed within the C-1 district (see "Use Matrix" – Chapter 3, Article IV, Section 3.D.), pursuant to the office commercial future land use classification of the Comprehensive Plan. 2 Buildings designed with under-story parking shall be allowed a maximum building height of thirty-five (35) feet but only with conditional use approval. 125 818 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 3-16). No building or portion thereof shall be erected, constructed, converted, established, altered, enlarged or used unless the premises and buildings shall comply with the following regulations: BUILDING/SITE REGULATIONS C-2 District (Overlay regulations may apply. See Section 8 below.) BUILDING/SITE REGULATIONS C-2 District (Overlay regulations may apply. See Section 8 below.) Minimum lot area: 5,000 s.f. Minimum lot frontage: 50 feet Minimum lot depth: 100 feet Minimum yard setbacks: Front: 30 feet Rear: 20 feet Abutting: Residential district(s) 30 feet Interior side: 15 feet Abutting: Residential district(s) 30 feet Corner side: 20 feet Maximum lot coverage: 40% Maximum Floor Area Ratio (FAR) 0.501 Maximum structure height: 25 1 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. 126 819 C. C-3 Community Commercial District. 1. General. a. Purpose and Intent. The purpose of the C-3 zoning district is to implement the local retail commercial (LRC) future land use map (FLUM) classification of the Comprehensive Plan. The intent of this conventional district is to encourage the development or use of property for appropriate intensive retail commercial uses providing for a wide range of goods and services, located along major thoroughfares. The C-3 district allows a maximum density of eleven (11) dwelling units per acre; however, all residential developments must adhere to the R-3 district building and site regulation in accordance with Section 2.F. above. b. Prerequisite Location Standard. In reaching recommendations and decisions as to zoning land to C-3, the advisory board and City Commission shall apply the following location standards, in addition, to the standards applicable to the rezoning of land generally: (1) Centrally and accommodating multiple neighborhoods; and (2) Abutting to at least one (1) major thoroughfare. 2. Use(s) Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.D. 3. Building and Site Regulations (Table 3-16). No building or portion thereof shall be erected, constructed, converted, established, altered, enlarged or used unless the premises and buildings shall comply with the following regulations: BUILDING/SITE REGULATIONS C-3 District Minimum lot area: 15,000 s.f. Minimum lot frontage: 75 feet Minimum yard setbacks: Front: 20 feet1 Rear: 20 feet2 Abutting: Residential district(s) 30 feet Interior side: 0 feet1,3 Abutting: Residential district(s) 30 feet1 Corner side: 20 feet1 Abutting: Residential district(s) 30 feet1 Maximum lot coverage: 40% Maximum Floor Area Ratio (FAR) 0.504 127 820 Maximum structure height: 45 feet5 1 Reduced setbacks will be applied to property located within the Urban Commercial District Overlay Zone, Section 8.C. below. 2 Where rear yard access is available from a public street or alley, rear yard may be decreased by one-half (1/2) the width of such street or alley, but in no case shall a rear yard be less than ten (10) feet. 3 Where rear access is not available from a public street or alley, a side yard of not less than fifteen (15) feet shall be provided on one (1) side. 4 A floor area ratio (FAR) up to 0.50 may be considered for local retail commercial uses allowed within the C-3 district (see "Use Matrix" – Chapter 3, Article IV, Section 3.D.), pursuant to the local retail commercial future land use classification of the Comprehensive Plan. 5 Not to exceed four (4) stories. 4. Review and Approval Process. a. Single-family and duplex dwellings and accessory uses thereto shall be allowed upon application to and approval by the Building Official for structures that require a building permit pursuant to Chapter 2, Article IV, Section 2. b. Community and common areas, such as recreational areas, landscape buffers and tracts, and project signage may be subject to site plan review. c. Non-residential uses shall require site plan approval in accordance with Chapter 2, Article II, Section 2.F. prior to application for building permit. 5. Parking. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirements. 6. Exterior Storage of Merchandise and Equipment. See Chapter 3, Article V, Section 8 for the regulations pertaining to the permanent exterior storage of merchandise and equipment. 128 821 E. Mixed Use Urban Building and Site Regulations (Table 3-4). MIXED USE, URBAN MU-L1 MU-L2 MU-L3 MU-4 MU-H Lot Area, Minimum (acres): Public park N/A N/A N/A N/A N/A All other uses 0.50 0.75 1 1 1 Lot Frontage, Minimum (ft.)1 100 100 1502 200 200 Structure Ht., Minimum (ft.) 30 30 30 45 45 Maximum Height (ft.)5 45 65 75 100 150/1256 Maximum Density (DUs/Acre)14, 16 20 30 40 60 80 Maximum F.A.R.15 1.0 2.0 3.0 4.0 4.0 Build-to-line (ft.)11 All sides abutting a collector or arterial road Factor of Pedestrian Zone Requirement10 Abutting a Local street 010 010 010 010 010 Interior side 010 010 010 010 010 Building Setback, Minimum (ft.)11 Rear abutting: Residential single-family 257/07, 8 257 257 257 257 Intracoastal waterway 257 257 257 257 257 Side abutting Residential single-family 257/07, 8 257 257 257 257 Usable Open Space, Minimum (sq. ft.)13 N/A N/A N/A 1% 2% 1. May be reduced if frontage extends from right-of-way to right -of-way. 2. Minimum of fifty (50) feet, if frontage is on a collector/local collector roadway. 5. Maximum height on any street frontage is forty-five (45) feet. Maximum height on Intracoastal Waterway is thirty-five (35) feet. Heights may require reduction where adjacent to a single-family zoning district where necessary to achieve the compatibility requirements of these regulations. 129 822 6. Maximum height reduced to one hundred twenty-five (125) feet for the entire project where property abuts any MU-L or resid ential zoning district not separated by a right-of-way. 7. Plus one (1) additional foot for each foot of height over thirty-five (35) feet. 8. Where there is an intervening right -of-way of at least forty (40) feet. 9. Subject to permitting agency approval. 10. Buildings and structures shall be located no farther than zero (0) feet from the property line, except in conjunction with providing required visibility at intersections, driveways; open spaces and public plazas; or when additional setback is necessary to provide for required “Pedestrian Zone (PZ). Building placement is a factor of roadway type and CRA district, which determines the min. width and design of the PZ. Except for the Downtown District, where the minimum PZ width is 18', the minimum PZ in all other districts if 16 ft. See Section 5.C.2. below for additional relief provisions from build-to line requirements. 11. Listed eligible historic structures are not required to meet these standards. 13. Usable open space shall be required for all developments two (2) acres in size or larger which shall be devoted to plazas or other public open space, excluding private recreation. See Chapter 4, Article III, Section 8 for additional regulations. 14. Projects within the transit core shall have minimum densities as follows: MU-1 - eleven (11), MU-2 - twenty (20), MU-3 - thirty (30), MU-4 - thirty-five (35) and MU-H - forty (40) dwellings per acre (except that minimum density for the MU-H district applies to projects located within the entire station area). 15. Projects within the transit core shall have a minimum FAR as follows: MU-L3 - one and three-quarters (1.75), MU-4 (2.0) and MU-H - two (2.0) (except that minimum FAR for the MU-H district applies to projects to be located within the entire station area). 16. The maximum density for projects within the Downtown Transit -Oriented Development District Overlay Zone (the Station Area) may be increased up to twenty-five percent (25%) over the maximum density allowed in the underlying zoning district. (Ord. 10-025, passed 12-7-10; Am. Ord. 12-016, passed 10-2-12; Am. Ord. 14-009, passed 7-1- 14; Am. Ord. 15-006, passed 3-2-15; Am. Ord. 16-023, passed 1-3-17) 130 823 131 824 132 825 133 826 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; 134 827 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. 135 828 475.611 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. 136 829 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 137 830 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. 138 831 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 139 832 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 140 833 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 141 834 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 142 835 NOTICE OF A SPECIAL BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY WORKSHOP FRIDAY, JULY 25, 2025 @ 2:00 P.M. You are hereby notified that a Boynton Beach Community Redevelopment Agency (“BBCRA”) Special Board Workshop will be held on Friday, July 25, 2025, at 2:00PM at City Hall, 100 E Ocean Avenue, Boynton Beach, FL 33435. The public may view this workshop through a Microsoft Teams Meeting with the information below. The workshop will be held for the purpose of negotiating a potential property acquisition of the Inn at Boynton located at 480 W. Boynton Beach Boulevard, Boynton Beach, FL 33435. 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. Microsoft Teams Join the meeting now or http://bit.ly/4mbJ07E Meeting ID: 217 341 540 883 4 Passcode: Wo7No6QE Need help? Dial in by phone +1 872-215-6235, 309268610# United States, Chicago Find a local number Phone conference ID: 309 268 610# Rebecca Shelton, Board Chair Timothy Tack, Acting Executive Director Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue, 4th Floor Boynton Beach, FL 33435 561-600-9090 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/City. Please contact the CRA at (561) 600-9090 at least twenty-four hours prior to the meeting program or activity in order for the CRA to reasonably accommodate your request. 836 1.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. 1837 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. 2838 •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. Microsoft Teams Join the meeting now or http://bit.ly/4mbJ07E Meeting ID: 217 341 540 883 4 Passcode: Wo7No6QE Need help? Dial in by phone +1 872-215-6235, 309268610# United States, Chicago Find a local number Phone conference ID: 309 268 610# FISCAL IMPACT: To be determined by the Board. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan – Boynton Beach Boulevard District ATTACHMENTS: Description 3839 4840 5841 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. 6842 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 7843 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 8844 9845 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 10846 DRAFTPurchase and Sale Agreement Page 2 of 15 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 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 11847 DRAFTPurchase and Sale Agreement Page 3 of 15 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 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 12848 DRAFTPurchase and Sale Agreement Page 4 of 15 PURCHASER’s Initials: ______ 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 13849 DRAFTPurchase and Sale Agreement Page 5 of 15 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 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. 14850 DRAFTPurchase and Sale Agreement Page 6 of 15 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. 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 15851 DRAFTPurchase and Sale Agreement Page 7 of 15 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 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. 16852 DRAFTPurchase and Sale Agreement Page 8 of 15 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 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 17853 DRAFTPurchase and Sale Agreement Page 9 of 15 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 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 18854 DRAFTPurchase and Sale Agreement Page 10 of 15 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 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. 19855 DRAFTPurchase and Sale Agreement Page 11 of 15 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 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 20856 DRAFTPurchase and Sale Agreement Page 12 of 15 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 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 21857 DRAFTPurchase and Sale Agreement Page 13 of 15 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 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. 22858 DRAFTPurchase and Sale Agreement Page 14 of 15 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 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. 23859 DRAFTPurchase and Sale Agreement Page 15 of 15 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 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: ______________________________ 24860 25861 26862 27863 28864 29865 30866 31867 32868 33869 34870 35871 36872 37873 38874 39875 40876 41877 42878 43879 44880 45881 46882 47883 48884 49885 50886 51887 52888 53889 54890 55891 56892 57893 58894 59895 60896 61897 62898 63899 64900 65901 66902 67903 68904 69905 70906 71907 72908 73909 74910 75911 76912 77913 78914 79915 80916 81917 82918 83919 84920 85921 86922 87923 88924 89925 90926 91927 92928 93929 94930 95931 96932 97933 98934 99935 100936 101937 102938 103939 104940 105941 106942 107943 108944 109945 110946 111947 112948 113949 55 Boynton Beach Boulevard District Introduction Planning Challenges Planning Considerations The Vision Recommendations 114950 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 115951 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 116952 58D.District Plans117953 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. 118954 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 119955 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. 120956 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 121957 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 122958 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 * 123959 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 124960 66D.District Plans125961 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 126962 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. 127963 69 Figure 24: Example of Mixed Use Medium Project on Boynton Beach Blvd. B B Seacrest Blvd.128964 70D.District Plans129965 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 130966 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 8.7.25 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 See Attached Exhibit “A” for legal description. 2. PURCHASE PRICE AND PAYMENT. The Purchase Price to be paid for the Property shall be Eight Million One Hundred Thousand Dollars ($8,100,000.00), 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 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. 967 Purchase and Sale Agreement Page 2 of 14 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 8.7.25 4912-3896-5848, v. 1 3.3 Escrow Agent. PURCHASER and SELLER authorize Escrow Agent to receive, deposit and hold funds in escrow and, subject to clearance, disburse them upon proper authorization and in accordance with Florida law and the terms of this Agreement. The parties agree that Escrow Agent will not be liable to any person for misdelivery of escrowed items to PURCHASER and SELLER, unless the misdelivery is due to Escrow Agent’s willful breach of this Agreement or gross negligence. If Escrow Agent interpleads the subject matter of the escrow, Escrow Agent will pay the filing fees and costs from the deposit and will recover reasonable attorney’s fees and costs to be paid from the escrowed funds which are charged and awarded as court costs in favor of the prevailing party. All claims against Escrow Agent will be arbitrated, so long as Escrow Agent consents to arbitrate. 4. EFFECTIVE DATE. The date of this Agreement (the “Effective Date”) shall be the date when the last one of the SELLER and PURCHASER has signed this Agreement. 5. CLOSING. The purchase and sale transaction contemplated herein shall close forty-five (45) days from 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 Special Warranty Deed complying with the requirements of the Title Commitment (hereinafter defined), valid, good, marketable and insurable title in fee simple to the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, restrictions and other conditions except only the following (collectively, the “Permitted Exceptions”): (a) general real estate taxes and special assessments for the year of Closing and subsequent years not yet due and payable; (b) covenants, conditions, easements, dedications, rights -of-way and matters of record included on the Title Commitment or shown on the Survey (defined in Section 7), to which PURCHASER fails to object, or which PURCHASER agrees to accept, pursuant to Section 7.1 and Section 7.2 hereof. 7. FEASIBILITY PERIOD. The PURCHASER, and its designees shall have thirty (30) days from the Effective Date of this Agreement (“Feasibility Period”), at PURCHASER’s expense, to make inquiries to determine if the Property is suitable for its intended use and to enter upon the Property, at any time and from time to time with reasonable notice to SELLER and so long as said investigations do not result in a business interruption, to perform any and all physical tests, inspections, valuation appraisals and investigations of the Property, including but not limited to Phase I and Phase II investigations, which PURCHASER may deem necessary. During this Feasibility Period, PURCHASER may elect, in PURCHASER’s sole and absolute discretion, to terminate this Agreement 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 the condition existing on the Effective Date, subject to such disturbance as was 968 Purchase and Sale Agreement Page 3 of 14 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 8.7.25 4912-3896-5848, v. 1 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’ and PURCHASERS’ obligations under this Section shall survive the termination, expiration or Closing of this Agreement. 7.1 Title Review. Within ten (10) 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 twenty (20) days after the Effective Date notifying SELLER of any objections PURCHASER has to the condition of title (hereinafter “Title Objections”). If PURCHASER fails to deliver the Title Objections to SELLER within the aforesaid review period, title shall be deemed accepted subject to the conditions set forth in the Title Commitment. If PURCHASER timely delivers the Title Objections, then SELLER shall have thirty (30) days to diligently and in good faith undertake all necessary activities to cure and remove the Title Objections (hereinafter “Cure Period”). In the event that SELLER is unable to cure and remove, or cause to be cured and removed, the Title Objections within the Cure Period, to the satisfaction of PURCHASER, then PURCHASER, in PURCHASER’s sole and absolute discretion, shall have the option of (i) extending the Cure Period and the Closing for one additional thirty (30) day period, or (ii) accepting the title as it then is but using such portion of the Purchase Price as may be necessary to pay and satisfy any mortgages, outstanding utility charges, delinquent property taxes and/or code enforcement and contractors' liens or other recorded claims of lien upon the property, or (iii) canceling and terminating this Agreement, in which case, the Deposit shall be returned to PURCHASER and the Parties shall have no further 969 Purchase and Sale Agreement Page 4 of 14 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 8.7.25 4912-3896-5848, v. 1 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 or 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 actual possession or control with respect to the physical condition or operation of the Property, if any. 7.3.2 Copies, if in SELLER’S actual possession or control, 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 commercially reasonable discretion, which effectuates 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. SELLER warrants to its actual knowledge without independent inquiry 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. 970 Purchase and Sale Agreement Page 5 of 14 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 8.7.25 4912-3896-5848, v. 1 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 materially true and correct as of Closing. 8.2. Condition of Property. Seller shall take no action to change the physical condition of the Property from 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. INTENTIONALLY DELETED. 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 PURCHASER’S Title Company at PURCHASER’S sole cost and expense. 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 Special Warranty Deed (the “Deed”) conveying to PURCHASER valid, good, marketable and insurable fee simple title to the Property free and clear of all liens, encumbrances and other conditions of title other than the Permitted Exceptions. 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. 971 Purchase and Sale Agreement Page 6 of 14 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 8.7.25 4912-3896-5848, v. 1 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 the Effective Date are to be paid by SELLER. Pending liens as of Closing shall be assumed by PURCHASER. If the improvement has been substantially completed as of the Effective Date, any pending lien shall be considered certified, confirmed or ratified and SELLER shall, at Closing, be charged an amount equal to the last estimate or assessment for the improvement by the public body. 10.4. Closing Costs. PURCHASER shall be responsible for recording the deed and half of all general closing expenses (settlement fee, courier fees, overnight package, etc.). 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 972 Purchase and Sale Agreement Page 7 of 14 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 8.7.25 4912-3896-5848, v. 1 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 not 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 purchase of the Property by PURCHASER. 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’s execution of this Agreement 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 973 Purchase and Sale Agreement Page 8 of 14 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 8.7.25 4912-3896-5848, v. 1 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, leases, rights-of-way, easements, covenants, conditions or restrictions. 11.5 INTENTIONALLY DELETED. 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. 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 Without independent inquiry, 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 or property, including, but not limited to, all of those materials, wastes and substances designated as hazardous or toxic by the U.S. Environmental Protection Agency, the U.S. Department of Labor, the U.S. Department of Transportation and /or any other state or local governmental agency now or hereafter authorized to regulate materials and substances in the environment (collectively, “Governmental Authority(ies)”). 11.9 INTENTIONALLY DELETED 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, 974 Purchase and Sale Agreement Page 9 of 14 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 8.7.25 4912-3896-5848, v. 1 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 SELLER’S actual information and belief and without independent inquiry, 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 INTENTIONALLY DELETED 11.13.3 INTENTIONALLY DELETED 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 materially untrue or materially 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 975 Purchase and Sale Agreement Page 10 of 14 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 8.7.25 4912-3896-5848, v. 1 accordance with Section 3 and neither Party shall have any further rights hereunder , or (2) seek specific performance of this Agreement, thereby 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 for a period not to exceed one year. 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 or by electric transmission to the following addresses: If to Seller: Ajit Asrani, Title Manager Irache Partners, LLC 4200 Granada Boulevard Coral Gables, FL 33146 Email: ajitasrani@yahoo.com With a copy to: Leslie R. Evans, Esq Leslie Robert Evans and Associates, P.A. 2300 NW Corporate Blvd, Suite 215 Boca Raton, FL 33431 Email: evans@LREvansPA.com If to Purchaser: Timothy Tack, Acting Executive Director Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue, 4th Floor Boynton Beach, FL 33435 Email: TackT@bbfl.us 976 Purchase and Sale Agreement Page 11 of 14 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 8.7.25 4912-3896-5848, v. 1 With a copy to: Kenneth Dodge Lewis, Longman & Walker, PA 360 South Rosemary Avenue Suite 1100 West Palm Beach, FL 33401 Email: kdodge@llw-law.com 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 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 (“Broker”). 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 other than Broker. The provisions of this Section shall survive Closing or termination of this Agreement. PURCHASER agrees and acknowledges that it has dealt with no other broker or finder in regards to this transaction other than the Broker. PURCHASER shall indemnify and hold harmless the SELLER 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 PURCHASER 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. INTENTIONALLY DELETED 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 977 Purchase and Sale Agreement Page 12 of 14 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 8.7.25 4912-3896-5848, v. 1 Chapter 119, to maintain and disclose upon request all records deemed public under the statute including this Agreement and some or all of the documents necessary to consummate the transaction set forth herein. To the extent that any litigation should be instituted by SELLER, either directly or as a third party, to prevent or prohibit PURCHASER from disclosing or providing documents involving this Agreement or the transaction set forth in the Agreement pursuant to a public records request submitted under Chapter 119, SELLER agrees that PURCHASER may either: 1) defend the claim up to and including final judgment, or 2) interplead the challenged documents into the court. In either event, SELLER agrees to pay PURCHASER’s reasonable attorneys’ fees and costs, both trial and appellate. 18. MISCELLANEOUS. 18.1. General. This Agreement, and any amendment hereto, may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which shall, together, constitute one and the same instrument. The section and paragraph headings 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. 978 Purchase and Sale Agreement Page 13 of 14 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 8.7.25 4912-3896-5848, v. 1 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 for a period of one year from the date of Closing, unless set forth herein to the contrary. 979 Purchase and Sale Agreement Page 14 of 14 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 8.7.25 4912-3896-5848, v. 1 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. 18.13 Personal Property: SELLER, at SELLER’s sole discretion, shall have the right to either (i) dispose of any personal property on the Property consisting of only furniture or appliances prior to Closing, or (ii) to leave said personal property on the Property at Closing. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective date. PURCHASER: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY SELLER: IRACHE PARTNERS, LLC a Florida limited liability company ___________________________________ _____________________________________ Printed Name: Rebecca Shelton Printed Name: Ajit Asrani Title: Chair Title: Managing Member Date: ______________________________ Date: ________________________________ WITNESS: ___________________________________ Printed Name: _______________________ WITNESS: _____________________________________ Printed Name: _________________________ ESCROW AGENT ___________________________________ Lewis, Longman & Walker, P.A. Printed Name: _______________________ Date: ______________________________ 980 55 Boynton Beach Boulevard District Introduction Planning Challenges Planning Considerations The Vision Recommendations 981 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 982 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 983 58D.District Plans984 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. 985 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 986 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. 987 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 988 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 989 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 * 990 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 991 66D.District Plans992 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 993 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. 994 69 Figure 24: Example of Mixed Use Medium Project on Boynton Beach Blvd. B B Seacrest Blvd.995 70D.District Plans996 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 $8,100,000.00 2.11 91911.6 $88.13 -5%N/A N/A 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. 670 Oak Street-1.27 Acres 670 Oak Street Lot w/ house to be demo'd Shepards W S IN $6,606,000.00 $7,000,000.00 1.27 55321.2 $126.53 6%N/A N/A 670 Oak Street- .75 Acres 670 Oak Street Lot w/ house to be demo'd Shepards W S IN $3,515,000.00 $4,500,000.00 0.75 32670 $137.74 22%N/A N/A 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. 444 W. Boynton Beach Boulveard 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 SUBJECT PROPERTY FOR BOYNTON BEACH CRA PURCHASE Demolition Costs TBD 13% $2,539,000.00 $3,400,000.00 $917,000.00 $1,900,000.00 $2,185,000.00 $47.48 $54.94E. Boynton Beach Blvd. ABC Rentals $917,000.00 16692.192 $54.94 0% SUBJECT PROPERTY FOR BOYNTON BEACH CRA PURCHASE 6% 15% MATT GRACEY PROPERTIES - W. BOYNTON BEACH BLVD. ASSEMBLAGE Demolition Costs 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 $35,828.75 TBD TBD Lots 1, 2, 3, 4, 5, 6 and 7 Block 6, Original Town of Boynton May-18$3,000,000.00 56427.624 93675.78 $76.61 $85,720.00 TBD BOYNTON EAST, LLC AVERAGE COST PER SQ. FT. OF PURCHASES ABOVE February-21 March-23 FUTURE CONSIDERATION Demolition Costs 115 $53.17N Federal Highway Church 46016.784 $47.48 N/A $45,804.00 52054.2 $57.63 E. BOYNTON BEACH BLVD. ASSEMBLAGE (ABC RENTAL PROPERTIES) 16692.192 997 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: August 12, 2025 OLD BUSINESS AGENDA ITEM 14.F SUBJECT: Presentation Regarding the CRA Owned Property Located at 211 E. Ocean Avenue - TABLED 07/08/2025 SUMMARY: On February 11, 2025, the Board decided to allocate $300,000 for the future adaptive reuse of historic properties, especially for the future redevelopment of 211 E. Ocean Avenue (see Attachment I). The Board directed staff to began evaluating the current condition of the property and bring it back to the Board for further discussion. On March 20, 2025, CRA staff shared the findings of a Limited Structural Assessment from Pennoni, a local engineering firm (see Attachment II). This report identified more immediate surface level repairs that would be needed on the property. A more in-depth structural analysis would be needed to determine the long-term use and rehabilitation options for the property. CRA staff is currently in the process of soliciting proposals for an in-depth structural analysis and design from engineering firms. On May 13, 2025, the Board requested an in-depth presentation on the history of the 211 E. Ocean Avenue property since the CRA's acquisition in 2007 during the discussion of the relocation of the Andrews House. Attachment III is a presentation which provides an overview on the following: CRA Acquisition Historic Designation Appraisal History Development History Design & Construction Cost Estimates Limited Structural Assessment Findings and photos Attachment IV is the 2012 Historic Site Designation Application to the City of Boynton Beach Planning & Zoning Division. It provides additional background on the history of the house. FISCAL IMPACT: FY2024-2025, Project Fund, Line Item 02-58200-406; Adaptive Reuse for Historic Properties; $300,000 998 •Attachment I - Location Map •Attachment II - Limited Structural Assessment •Attachment III - Presentation on 211 E. Ocean Avenue •Attachment IV - 2012 Historic Designation Application CRA PLAN/PROJECT/PROGRAM: 2016 CRA Community Redevelopment Plan CRA BOARD OPTIONS: To be determined based on Board direction. ATTACHMENTS: Description 999 Reset Select Language ▼ Search by Address, Owner, or PCN Return Property Info Layers Tools & Reports Help View Property Record Print BOYNTON BEACH CRA LOCATION 211 E OCEAN AVE MUNICIPALITY BOYNTON BEACH PARCEL NO. 08-43-45-28-03-004-0130 SUBDIVISION BOYNTON TOWN OF BOOK/PAGE 30053/1135 SALE DATE 08/03/2018 MAILING ADDRESS 100 E OCEAN AVE FL 4 BOYNTON BEACH FL 33435 4515 USE TYPE 2100 - RESTAURANT TOTAL SQUARE FEET 1736 OWNERS PROPERTY DETAIL SALES INFORMATION v.1.4a 3/11/25, 3:23 PM PAPA Countywide Map https://gis.pbcgov.org/papagis/papa.html#1/11000 100 E. Ocean Avenue Boynton Beach, FL 33435 Limited Structural Assessment DRAFT Report BBCRA24001 November 5, 2024 Submitted To: Boynton Beach Community Redevelopment Agency Theresa Utterback | Development Services Manager 100 E. Ocean Ave. Boynton Beach, FL 33435 Christopher Lee, PE, FBRSE, SI Structural Division Manager FL Licensed Professional Engineer 73264 This item has been electronically signed and sealed by Christopher Lee using a Digital Signature and date. Printed copies of this document are not considered signed and sealed and the signature must be verified on any electronic copies. 1001 220 Congress Park Drive, Suite 232 T 561-265-6864 www.pennoni.com Delray Beach, FL 33445 Page 1 of 2 November 5, 2024 BBCRA24001 Boynton Beach Community Redevelopment Agency Theresa Utterback | Development Services Manager 100E Ocean Ave. Boynton Beach, FL 33435 RE: STRUCTURAL CONDITION ASSESSMENT DRAFT REPORT 211 EAST OCEAN AVENUE, BOYNTON BEACH, FL 33435 Dear Mrs. Utterback: The following report summarizes limited structural condition assessment of above referenced building as performed by Pennoni Associates Inc. (Pennoni). SCOPE OF WORK The scope of work includes the observation and evaluation of the existing building structure at the address referenced above. A site visit was conducted on October 30, 2024, to identify observable and accessible structural deficiencies or conditions that may require repair. This assessment was limited to visual observations of exposed and accessible parts of the building. Observations of structural members were made from accessible areas in the roof attic and from exposed structural elements in the building's interior and exterior. Per the owner's representative reported to the Pennoni, the building has not been occupied residentially since 2007 and is currently used as storage without air conditioning. The owner's representative indicated that no structural plans are available. This report includes a discussion of the observations, analysis, conclusions, and recommendations resulting from the assessment. The following appendices are included: Appendix A: Structural Summary Table Appendix B: Structural Photographs INTRODUCTION The purpose of this report is to systematically describe the referenced structure, document observations, and, as needed, provide recommendations for repair and rehabilitation. Each section of this report— Description, Observation, Analysis, Conclusions, and Recommendations—reflects our professional opinion regarding the structure's current condition. DESCRIPTION OF STRUCTURE The referenced building is an approximately 1,700 square foot, two-story structure built in 1919. It is wood framed, with wood stud walls, wood joists supporting the second floor, and wood rafters. A crawl space of approximately 12 inches in height is present beneath the building. A single staircase is located on the east 1002 BBCRA24001 211 EAST OCEAN AVENUE, BOYNTON BEACH Boynton Beach Community Redevelopment Agency November 05, 2024 Page 2 of 2 side of the building. No information has been provided by the owner's representative regarding any maintenance, renovations, or structural alterations made to the building. OBSERVATIONS, ANALYSIS & CONCLUSIONS AND RECOMMENDATIONS In general, the building’s structural condition appears to require immediate repair. Detailed summary tables of the visual assessment observations, analysis, conclusions, and recommendations are provided in Appendix A: Structural Summary Table. Note that observation item numbers are coordinated across the appendices (e.g., Item #1 in the summary table corresponds with Photos #1A, #1B, etc.) LIMITATIONS Recommendations provided in this report are narrative in nature, commensurate with the level of effort associated with a limited visual condition assessment and not intended to be used for the solicitation of bids or execution of repair work. Therefore, Pennoni cannot be held responsible for implementation of repairs based on this report alone. If requested, Pennoni can provide a proposal for services beyond the preparation of a condition assessment report, such as the design and documentation of repairs, bid phase services or construction phase services (i.e. RFI review, submittal review, oversight). The evaluation of existing structures and roofing requires that certain assumptions be made regarding the existing conditions. Some of these assumptions may not be confirmed without performing additional invasive investigation and/or altering/destroying otherwise adequate or serviceable portions of the structure. Therefore, Pennoni cannot be held responsible for any latent deficiencies which may exist in the structure, but which have not been discovered as a part of the scope of this evaluation. The opinions and recommendations in this report are based solely on the information provided by the field observations and our engineering experience. The report does not address any other portion of the structure other than those areas mentioned, nor does it provide any warranty, either expressed or implied, for any portion of the existing structure. If you have any questions or comments, please feel free to contact us. Sincerely, PENNONI ASSOCIATES INC. Christopher Lee, PE, FBRSE, SI Sam Yoosefzadeh, E.I. Structural Division Manager U:\Accounts\BBCRA\BBCRA24001 - Limited Structural Ass. 211 Ocean Avenue\DELIVERABLES\FINAL REPORT 1003 Appendix A: Structural Summary Table 1004 Structural Condition Assessment Summary Table T: 215-222-3000 220 Congress Park Drive, Suite 232 T: 561-265-6864 www.pennoni.com Delray Beach, FL 33445 Page 1 of 1 Priorities Legend: Immediate Short Term (less than 1 year) Medium Term (1 to 5 years) Long Term (5 to 7 years+) Maintenance Level Item No.# Photo No.# Observations Analysis and Conclusions Recommendations Overall O OA-OB The building was constructed in 1919, according to information provided by the owner's representative. An addition is observed on the north side of the building, though no information is available regarding the date of this addition. The structure is two stories tall and has two roofing levels (the main roof and the roof of the one-story addition). There is one staircase located on the east side of the main building. The building has deficiencies that require immediate attention. First 1 1A Water damage observed at the one-story ceiling. There is water damage to the ceiling and floor due to assumed roof leaks. It is recommended to address the source of the leak, replace insulation as required, and replace or repair any damaged wood members. Second 2 2A-2E Water damage observed at the 2nd floor ceiling, wall and roof sheathing. See Item #1 See Item #1 All Around the Building 3 3A-3D Deteriorating wood siding has been observed around the entire perimeter of the building. The damage appears to be widespread throughout the building, which is consistent with the age of the structure and lack of maintenance, possibly compounded by other water intrusion issues. While deteriorated siding itself may not constitute a structural failure, it can indicate broader issues with moisture control and the integrity of the building envelope. The damaged siding and any affected underlying members should be repaired to ensure the stability and safety of the building. Additionally, regular maintenance should be considered post- repair to prevent future deterioration. First 4 4A-4C Damaged wood joists and facia have been identified in the overhang area of the building's addition. The damage to the wood joists and facia is significant. Apparent roofing failure has caused most of the deterioration. See Item #1 Yard 5 5A-5B Slab failure at corner and cracking in the backyard slab-on- grade. Broken sections are observed at the corner of the slab-on-grade, potentially caused by inadequate edge thickening. Because there are no control joints in the slab, cracking is likely caused by temperature and shrinkage. It is recommended to, at a minimum, route and seal existing cracks to prevent further deterioration, and to repair the failed corner. Main Entrance 6 6A Damaged wood steps and support frames were observed at the main entrance. Deterioration and rot appears to be due to their age and continuous contact with grade as well as weather exposure. It is recommended to replace the entry steps. 1005 Appendix B: Structural Photographs 1006 BBCRA24001 Appendix B: Structural Photographs Page 1 of 18 Photo #OA: Building South and East Side 1007 BBCRA24001 Appendix B: Structural Photographs Page 2 of 18 Photo #OB: Building North and West Side 1008 BBCRA24001 Appendix B: Structural Photographs Page 3 of 18 Photo #1A: Water Damage at 1-Story Ceiling 1009 BBCRA24001 Appendix B: Structural Photographs Page 4 of 18 Photo #2A: Water Intrusion in Second Floor Ceiling 1010 BBCRA24001 Appendix B: Structural Photographs Page 5 of 18 Photo #2B: Water Damage at 2nd Floor Ceiling 1011 BBCRA24001 Appendix B: Structural Photographs Page 6 of 18 Photo #2C: Water Damage at 2nd Floor Ceiling 1012 BBCRA24001 Appendix B: Structural Photographs Page 7 of 18 Photo #2D: Water Damage at 2nd Floor Ceiling 1013 BBCRA24001 Appendix B: Structural Photographs Page 8 of 18 Photo #2E: Water Damage at Roof Sheathing 1014 BBCRA24001 Appendix B: Structural Photographs Page 9 of 18 Photo #3A: Deteriorated Wood Siding 1015 BBCRA24001 Appendix B: Structural Photographs Page 10 of 18 Photo #3B: Deteriorated Wood Siding 1016 BBCRA24001 Appendix B: Structural Photographs Page 11 of 18 Photo #3C: Deteriorated Wood Siding 1017 BBCRA24001 Appendix B: Structural Photographs Page 12 of 18 . Photo #3D: Deteriorated Wood Siding 1018 BBCRA24001 Appendix B: Structural Photographs Page 13 of 18 Photo #4A: Water Damaged Facia at Overhang 1019 BBCRA24001 Appendix B: Structural Photographs Page 14 of 18 Photo #4B: Water Damaged Facia at Overhang 1020 BBCRA24001 Appendix B: Structural Photographs Page 15 of 18 Photo #4C: Damaged Facia and Joists at Overhang 1021 BBCRA24001 Appendix B: Structural Photographs Page 16 of 18 Photo #5A: Cracks in Concrete Slab-on-Grade 1022 BBCRA24001 Appendix B: Structural Photographs Page 17 of 18 Photo #5B: Broken Edge and Cracks in Slab-on-Grade 1023 BBCRA24001 Appendix B: Structural Photographs Page 18 of 18 Photo #6A: RDagaed Wood Steps and Framing at the Main Entrance Stairs 1024 Magnuson House Presentation 211 E. Ocean Avenue 1025 Property Info •1,736 square foot wood framed structure •Built in 1919 at 211 E. Ocean Avenue •.32 acres •Current Zoning: R3 Multi-family •CRA Plan Future Land Use: Mixed-Use Medium •Cultural District 1026 CRA Acquisition and Historic Designation •The CRA purchased the Magnuson House in February 2007 with the intent to activate redevelopment •It was purchased at appraised value of $850,000 •Until 2007, it was occupied residentially •The house was designated by the local historic register in 2012 •January 10 , 2022 Board meeting: the motion passed to allow the removal of historic designation for future redevelopment (no formal action taken to remove the designation) 1027 Appraisal History Date Appraisal Appraiser December 2006 $850,000 Anderson & Carr February 2009 $1,120,000 Anderson & Carr June 2010 $340,000 Vance Real Estate Service December 2012 $230,000 Aucamp, Dellenback and Whitney August 2013 $230,000 Aucamp, Dellenback and Whitney November 2014 $255,000 Aucamp, Dellenback and Whitney April 2015 $255,000 Aucamp, Dellenback and Whitney June 2019 $510,000 Aucamp, Dellenback and Whitney July 2019 $510,000 Aucamp, Dellenback and Whitney December 2021 $893,000 Vance Real Estate Service 1028 Development History 2007 - 2018 Date Action Acquisition Notes February 2007 BBCRA Purchased Magnuson House $850,000 Purchased from Thomas Walsh October 2010 Request for Lease Proposals for the best use of the Property N/A CRA Board selected The Oscars Restaurant concept – negotiations later failed February 2013 RFP Issued for an Office Use N/A CRA Board voted to reject all responses at the May 2013 meeting November 2014 CRA Agreement with Prakas & Co. to find tenants for Magnuson House N/A CRA received two proposals and motioned to enter into an agreement with Ocean Ridge Hospitality July 2015 Purchase and Development Agreement with Ocean Ridge Hospitality for Pizza Restaurant $255,000 Terminated due to lack of funding September 2016 Purchase and Development Agreement with Shovel Ready for Full-service Restaurant (LOI) $255,000 Property sold August 2018 Purchase and Development Agreement with Shovel Ready Terminated $255,000 Property reverted back to the CRA for $255,000 1029 Development History 2021 - 2025 Date Action Acquisition Notes September 2021 LOI from Sami Dagher N/A Withdrew request in October 2021 September 2021 LOI from Kim Kelly (Hurricane Alley)N/A Withdrew request in October 2021 September 2021 LOI from Florida Technical Consultants N/A Board voted to not move forward with this LOI September 2021 – March 2022 LOI from The Barber Family Co. Purchase and Development Agreement with 306 NE 6th Avenue LLC for Full-service Restaurant $1,000,000 Board selected this LOI to enter into negotiations (a.k.a 306 NE 6th Avenue LLC) February 2024 Purchase and Development Agreement with 306 NE 6th Avenue LLC Terminated $1,000,000 Terminated due to lack of funding April 2025 LOI from Blue Mountain Coffee House N/A Submission to CRA Staff May 2025 Board made a motion to suspend the LOI Policy for 211 E. Ocean Avenue N/A 1030 Design History Date Designer Amount Notes January 2007 REG Architects Inc. $55,000 Provide construction documents to convert to an office use July 2007 REG Architects Inc. $22,000 Feasibility study to convert to an office use April 2008 Hendrick Brothers Construction $22,000 Pre-construction services June 2008 REG Architects Inc. $29,500 Conceptual Site Plan June 2008 REG Architects Inc. $64,000 Revised scope of work to include an elevator and 1,000 square foot 2-story addition February 2009 REG Architects Inc. $5,900 Additional Scope for Construction Administration and Schedule of Values April 2011 REG Architects Inc. $6,000 Feasibility Study and Conceptual Design for restaurant Use April 2011 Kaufman Lynn $6,580 Pre-construction services TOTAL*$210,980 *Approximate amount spent 1031 Construction Cost Estimates Date Designer Cost Estimate End Use December 2007 REG Architects $646,073 (Option 1) $849,094 (Option 2) Option 1: Office Use existing footprint Option 2: Office Use with footprint expansion March 2008 REG Architects $992,843 Office Use with 500 sqft addition May 2009 REG Architects $903,527 Office Use May 2010 REG Architects $349,375 (Option 1) $805,235 (Option 2) Option 1: minor work for retail conversion Option 2: minor 1- story addition for restaurant February 2011 Kaufman Lynn $823,236 Office Use May 2011 REG Architects Inc.$776,400 (Option 1) $758,250 (Option 2) $635.300 (Option 3) Option 1: Restaurant with second floor build-out Option 2: Reduced size restaurant Option 3: Reduced size restaurant with deck June 2011 Kaufman Lynn $949,267 (Option 1) $858,782 (Option 2) $838,424 (Option 3) Option 1: Restaurant with second floor build-out Option 2: Reduced size restaurant Option 3: Reduced size restaurant with deck October 2018 Modern Movers $78,000 Relocation from 211 E. Ocean Avenue to Cottage District Site 1032 Structural Report Summary •2024 Pennoni Limited Structural Assessment Findings: •Water damage in ceiling and floor •Deteriorating wood siding •Damaged wood joists and facia •Slab failure •Damaged wood steps •Cost of report: $3,500 •Additional concerns: windows 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: August 12, 2025 OLD BUSINESS AGENDA ITEM 14.G SUBJECT: Update on Recruitment of Executive Director Candidates by S. Renee Narloch & Associates SUMMARY: On September 10, 2024, the CRA Board directed staff to research Executive Recruitment Firms as an option for securing a viable candidate for the CRA Executive Director position. Staff solicited proposals for Executive Recruitment Firms and had five responses. At the January 14, 2025 meeting, the CRA Board chose S. Renee Narloch & Associates (SRNA) as the executive recruitment firm (see Attachment I). After meeting with most of the CRA Board members, on March 10, 2025, SRNA sent a tentative timeline along with a brochure to post on different outlets in order to receive viable candidates for the position (see Attachments II & III). On June 30, 2025, SRNA provided a Recommended Candidates Booklet that highlights four candidates that possess the necessary qualifications and experience. SRNA conducted preliminary interviews with each of these candidates and discussed in detail their professional experiences, accomplishments, strengths, backgrounds, potential employment gaps or departures, and interest in BBCRA. All four recommended candidates have Florida CRA experience, with one of them having previously worked for BBCRA (see Attachment IV). A total of 28 candidates applied for the position. As of July 29, 2025, two of the recommended candidates withdrew from the process. All remaining candidate interviews have been scheduled and conducted by the CRA Board members. A member of SRNA will be available for the August 12, 2025, Board Meeting to answer any questions. FISCAL IMPACT: FY 2024-2025 General Fund Budget, Executive Department; Line Item #01-51230-100 CRA BOARD OPTIONS: To be determined based on Board direction. ATTACHMENTS: Description 1127 •Attachment I - Request for Proposal from S. Renee Narloch & Associates •Attachment II - BBCRA Timeline •Attachment III - BBCRA Executive Director Brochure •Attachment IV - BBCRA Recommended Candidates Booklet 1128 A PROPOSAL TO CONDUCT EXECUTIVE RECRUITMENT SERVICES FOR EEXXEECCUUTTIIVVEE DDIIRREECCTTOO RR ON BEHALF OF THE BBOOYYNNTTOONN BBEE AACCHH CCOO MM MM UUNNIITTYY RREEDDEEVVEELLOO PPMM EENNTT AAGGEENNCCYY ,, FFLLOORRIIDDAA S. REN ÉE NARLOCH, PRESIDENT 2910 Kerry Forest Pkwy D4-242, Tallahassee, FL 32309 P 850.391.0000 info@srnsearch.com www.srnsearch.com 1129 2910 Kerry Forest Pkwy D4-242, Tallahassee, FL 32309 T 850.391.0000 December 17, 2024 Ms. Vicki Curfman Administrative Assistant Boynton Beach Community Redevelopment Agency 100 E Ocean Ave, 4th Floor Boynton Beach, FL 33435 Dear Ms. Curfman: We appreciate the opportunity to provide the Boynton Beach Community Redevelopment Agency with a proposal to conduct a search for the position of Executive Director. Our proposal includes an overview of our qualifications and costs related to our services. With respect to th is recruitment for the Boynton Beach Community Redevelopment Agency , you should know: S. Renée Narloch & Associates has extensive experience conducting quality searches that result in the placement of candidates ideally suited to clients ’ needs. S. Renée Narloch & Associates is incorporated in Florida and is a small, woman -owned business. For many years, Ms. Narloch, President, served as the Senior Vice President of Recruitment for a nation al public sector consulting firm, responsible for recruitments in 40+ states. Her career in public sector recruitment spans over 25 years, during which time she has participated in hundreds of public sector searches nationwide. S. Renée Narloch & Associates is currently conducting recruitments on behalf of Seminole County, FL (Utilities Director; Building Official); Franklin County, OH (Appraisal Director); City of Sugar Land, TX (Controller); and the City of West Palm Beach, FL (Traffic Engineer). Ms. S. Renée Narloch, President, has extensive experience conducting public sector executive recruitments throughout the nation, including more than 400 searches for clients such as the TOHO Water Authority , FL (Executive Director; General Counsel); Western Reserve Transit Authority (WRTA), OH (Executive Director ); Housing Authority of the City of Laredo (LHA), TX (Executive Director); Children’s Board of Hillsborough C ounty, FL (Executive Director); Florida Public Transportation Association (Executive Director); City of Delray Beach, FL (City Attorney); City of Dania Beach, FL (City Manager); City of Coral Springs, FL (City Manager ; Deputy City Manager (2 positions); Director of Economic Development ; Director of Financial Services ); City of West Palm Beach, FL (Director of Public Utilities; Director of Engineering Services); City of Boca Raton, FL (Building Official; Deputy Financial Services Director; Director of Human Resources; Risk Manager ); City of Fort Lauderdale, FL (City Manager; Assistant City Manager ; 1130 2910 Kerry Forest Pkwy D4-242, Tallahassee, FL 32309 T 850.391.0000 Building Official; City Attorney; Deputy Director of Human Resources; Director of Sustainable Development); City of Cape Coral, FL (City Attorney ; Public Works Director ); International Association of Campus Law Enforcement Admin (IACLEA), MD (Executive Director); Workforce Development Board (WDB), OH (Executive Director/CEO); Portsmouth Redevelopment and Housing Authority (PRHA), VA (Executive Director ); Louisiana Housing Corporation, LA (Executive Director); New Orleans Redevelopment Authority, LA (Executive Director); and many others. Ms. Narloch will conduct the recruitment for the Executive Director for the Boynton Beach Community Redevelopment Agency . A sample of past clients is included in our proposal (Clients, Page 7). S. Ren ée Narloch & Associates has highly trained staff, a vast network of contacts and professional affiliations in public sector management, and a proven recruitment process tailored to our clients’ needs, which will result in a quality pool of candidates. Thank you for your consideration . Please do not hesitate to contact us at 850 .391.0000 should you have questions or need additional information . Sincerely, S. Renée Narloch, President 1131 TABLE OF CONTENTS ABOUT US ________________________________________________________ 1 O UR UNDERSTANDING OF THE REQUESTED S ERVICES ..................................................... 1 PRIMARY C ONTACT .................................................................................................................................................. 1 OUR FIRM HISTORY AND E XPERIENCE .................................................................................................. 1 SMALL BUSINESS/MINORITY B USINESS ................................................................................................ 2 STATEMENT OF PROFESSIONAL S TANDARDS ............................................................................. 2 OUR RECRUITMENT PROCESS ___________________________________ 3 DEVELOPING THE CANDIDATE P ROFILE ............................................................................................. 3 ADVERTISING CAMPAIGN AND R ECRUITMENT BROCHURE ....................................... 3 RECRUITING CANDIDATES ................................................................................................................................. 3 SCREENING C ANDIDATES ................................................................................................................................ 4 PRELIMINARY INTERVIEWS ................................................................................................................................... 4 PUBLIC RECORDS SEARCH ................................................................................................................................. 4 RECOMMENDATIONS ........................................................................................................................................... 4 FINAL INTERVIEWS ........................................................................................................................................................ 4 BACKGROUND CHECKS /DETAILED REFERENCE C HECKS .............................................. 5 NEGOTIATIONS ............................................................................................................................................................. 5 COMPLETE ADMINISTRATIVE A SSISTANCE ..................................................................................... 5 THE TEAM ________________________________________________________ 6 S. RENÉE NARLOCH , PRESIDENT ................................................................................................................... 6 ELLIOTT S. PERVINICH, VICE PRESIDENT ................................................................................................. 6 LIANA VELEZ THOMPSON , SENIOR CONSULTANT................................................................. 6 CLIENTS/REFERENCES ___________________________________________ 7 CLIENTS.................................................................................................................................................................................... 7 REFERENCES ....................................................................................................................................................................... 9 COST PROPOSAL ______________________________________________ 10 PROFESSIONAL FEE AND E XPENSES .................................................................................................. 10 CANDIDATE T RAVEL ............................................................................................................................................. 10 PAYMENT ......................................................................................................................................................................... 10 G UARANTEE .................................................................................................................................................................. 10 SCHEDULE ........................................................................................................................................................................ 11 1132 S. RENÉE N ARLOCH & ASSOCIATES A BOUT US PAGE 1 OUR UNDERSTANDING OF THE REQUESTED SERVICES S. Renée Narloch & Associates is highly qualified to assist the Boynton Beach Community Redevelopment Agency (BBCRA) in the recruitment of the new Executive Director . We have extensive experience providing recruitment services, ranging from the initial contact with candidates to the successful hiring and placement of candidates. We are able to successfully manag e all aspects of the recruitment process . We will work closely with the BBCRA to protect the integrity of the recruitment and to ensure a successful outcome. The BBCRA can be assured we will place a high priority on this recruitment, and our dedicated staff will provide their full attention throughout the entire recruitment process. Our recruiters have serviced hundreds of public sector clients, and we understand the importance of an objective and thorough process. PRIMARY CONTACT Ms. S. Renée Narloch, President, will conduct the Executive Director recruitment for the Boynton Beach Community Redevelopment Agency . Her contact information is as follows: S. Renée Narloch, President 2910 Kerry Forest Pkwy D4 -242 Tallahassee, FL 32309 P: 850.391.0000 Email: reneen @srnsearch.com Website: www.srnsearch.com OUR FIRM HISTORY AND EXPERIENCE S. Renée Narloch & Associates’ recruiters are known throughout the industry as leading public sector recruiters by both clients and candidates. We have a reputation for conducting quality searches that result in the placement of candidates ideally suited to meet our clients’ needs. We pride ourselves on our responsiveness to clients and candidates , and we assure the Boynton Beach Community Redevelopment Agency that the highest caliber of service will be provided throughout the recruitment process. S. Renée N arloch & Associates is incorporated in the State of Florida and is a small, woman-owned business. For many years, Ms. Narloch served as the Senior Vice President of Recruitment for a national public sector consulting firm. He r career in public sector recruitment spans over 25 years , during which time she has participated in hundreds of public sector searches nationwide. In addition, our firm is comprised of individuals who are highly trained and experienced in the recruitment of public sector executives . The office of S. Renée Narloch & Associates is in Tallahassee, Florida. S. Renée Narloch & Associates is currently conducting recruitments on behalf of Seminole County, FL (Utilities Director; Building Official); Franklin County, OH (Appraisal Director); City of Sugar Land, TX (Controller); and the City of West Palm Beach, FL (Traffic Engineer). ABOUT US 1133 S. RENÉE N ARLOCH & ASSOCIATES A BOUT US PAGE 2 Ms. S. Renée Narloch, President, has extensive experience conducting public sector executive recruitments throughout the nation, including more than 400 searches for clients such as the TOHO Water Authority, FL (Executive Director; General Counsel); Western Reserve Transit Authority (WRTA), OH (Executive Director ); Housing Authority of the City of Laredo (LHA), TX (Executive Director); Children’s Board of Hillsborough C ounty, FL (Executive Director); Florida Public Transportation Association (Executive Director); City of Delray Beach, FL (City Attorney); City of Dania Beach, FL (City Manager); City of Coral Springs, FL (City Manager; Deputy City Manager (2 positions); Director of Economic Development ; Director of Financial Services); City of West Palm Beach, FL (Director of Public Utilities; Director of Engineering Services); City of Boca Raton, FL (Building Official ; Deputy Financial Services Director; Director of Human Resources; Risk Manager ); City of Fort Lauderdale, FL (City Manager; Assistant City Manager ; Building Official; City Attorney; Deputy Director of Human Resources ; Director of Sustainable Development ); City of Cape Coral, FL (City Attorney ; Public Works Director ); International Association of Campus Law Enforcement Admin (IACLEA), MD (Executive Director ); Workforce Development Board (WDB), OH (Executive Director/CEO ); Portsmouth Redevelopment and Housing Authority (PRHA), VA (Executive Director); Louisiana Housing Corporation, LA (Executive Director); New Orleans Redevelopment Authority, LA (Executive Director); and many others. Ms. Narloch will conduct the recruitment for the Executive Director for the Boynton Beach Community Redevelopment Agency . She will be assisted by other senior staff members, as outlined in this proposal (The Team, Page 6). A sample of past clients is included in our proposal (Clients, Page 7). We maintain a database of potential candidates, and our vast network of contacts and resources will be invaluable in identifying outstanding candidates, including those who may not be currently looking for opportunities. Our experience, combined with our proven recruitment process, expansive network of contacts, and knowledge of outstanding candidates , will ensure the Boynton Beach Community Redevelopment Agency has a quality group of finalists from which to select the new Executive Director . SMALL BUSINESS/MINORITY BUSINESS S. Renée Narloch & Associates is , by federal and state guidelines , considered a small, woman -owned business based on the size of our firm, our annual business earnings , and the percentage of ownership held (100%) by a woman /minority. STATEMENT OF PROFESSIONAL STANDARDS S. Renée Narloch & Associates believes in sound and ethical business practices. We understand that confidence and respect are imperative to our success. Our services to clients and candidates involve relationships that depend on good faith efforts. We conduct business forthrightly with no intentional misrepresentations, which could mislead clients or candidates. We refrain from using any sourcing techniques that involve deception or falsehood and do not engage in activities that violate antitrust laws. Communication between us, our clients, and candidates is impartial and accurate . We make a concerted effort to see that the position, our clients, and candidates are represented honestly and factually. We honor the confidentiality of proprietary information received from clients and candidates and will disclose any knowledge of potential conflicts of interest to client agencies and candidates. 1134 S. RENÉE N ARLOCH & ASSOCIATES O UR RECRUITMENT PROCESS PAGE 3 OUR RECRUITMENT PROCESS S. Renée Narloch & Associates ’ unique, client-driven approach to executive search will ensure that the Boynton Beach Community Redevelopment Agency has a pool of high-quality candidates from which to select the new Executive Director . Outlined below are the services we provide in our recruitment process. DEVELOPING THE CANDIDATE PROFILE Our understanding of the BBCRA’s requirements will be the foundation of a successful search. We will work directly with the BBCRA Board, staff, and others involved in the process in order to learn as much as possible about what the organization expects of a new Executive Director. We can also meet with other key staff or community members to ga ther information . We want to learn about the values and culture of the organization, as well as understand the current issues, challenges , and opportunities that face the Boynton Beach Community Redevelopment Agency . We also want to be fully acquainted with the BBCRA’s expectations regarding the knowledge, skills , and abilities sought in the ideal candidate, and we will work with your organization to identify expectations regarding education and experience. Additionally, we want to discuss expectations regarding compensation and other items necessary to complete the successful appointment of the ideal candidate. As part of this process, we will provide an evaluation of the compensation and benefits of the Executive Director position. Based on these discussions, we will develop a profile that addres ses the responsibilities, core competencies and professional characteristics and traits, education and training, operational and organization al issues, and other factors relevant to this position. The profile that we develop together at this stage will guide our recruitment efforts. ADVERTISING C AMPAIGN AND RECRUITMENT BROCHURE After gaining an understanding of the BBCRA’s needs, we will design an effective advertising campaign that is appropriate for the recruitment. We will focus on professional journals that are specifically suited to the Executive Director search, such as NAHRO, utilizing venues that will ensure a diverse pool of applicants , including qualified minority and women candidates . We will also utilize social media and will develop a professional recruitment brochure on the BBCRA’s behalf that will discuss the community, organization, position , and compensation. Once completed, we will mail the brochure to an extensive audience, making them aware of the exciting opportunity with the Boynton Beach Community Redevelopment Agency . RECRUITING CANDIDATES After cross-referencing the profile of the ideal candidate with our database of thousands of candidates and our contacts in the field, we will conduct an aggressive outreach effort that includes making personal calls to prospective applicants in order to identify and recruit outstanding candidates, including qualified minority and women candidates . We realize that the best candidate is often not looking for a new job , and this is the person that we actively pursue to become a candidate. Aggressively marketing the Executive Director position to prospective candidates will be essential to the success of the search. 1135 S. RENÉE N ARLOCH & ASSOCIATES O UR RECRUITMENT PROCESS PAGE 4 SCREENING CANDIDATES Following the closing date for the recruitment, we will screen all resumes and cover letters using the criteria established in our initial meetings to narrow the field of candidates. PRELIMINARY INTERVIEWS We will conduct preliminary interviews with the top 10 to 12 candidates in order to determine which candidates have the greatest potential to succeed in your organization. During the interviews, we will explore each candidate’s background and experience as it pertains to the Executive Director position. In addition, we will discuss the candidate’s motivation for applying for the position and make an assessment of his/her knowledge, skills , and abilities. We will devote specific attention to determining the likelihood of the candidate’s acceptance of the position if an of fer of employment is made. PUBLIC RECORDS SEARCH Following the interviews, we will conduct a review of published articles that reference each candidate. Various sources will be consulted , including Lexis-Nexis™, a newspaper/magazine search engine, Google, and local papers from the communities in which the candidates have worked. This brings to our attention any further detailed inquiries that we may need to make at this time. RECOMMENDATIONS Based on the information gathered through meetings with your organization and preliminary interviews with candidates, we will typically recommend three to five candidates for your consideration. We will prepare a report on each candidate that focuses on the results of our interviews and public record searches , to include detailed information pertaining to the candidates’ professional experiences and accomplishments, strengths and potential gaps, and background information. We will make specific recommendations, but the final selection of those to be considered will be up to you. FINAL INTERVIEWS Our years of experience will be invaluable as we help you to develop an interview process that objectively assesses the qualifications of each candidate. We will adopt an approach that fits your needs, whether it is a traditional interview, multiple interview panel , or assessment center process. We will provide you with suggested interview questions and rating forms, and we will be present at the interviews to facilitate the process. Our expertise lies in facilitating the discussion that can bring about a consensus regarding the final candidates . We will work closely with your staff to coordinate and schedule interviews and candidate travel. Our goal is to ensure that each candidate has a very positive experience since the manner in which the entire process is conducted will have an effec t on the candidates’ perception of your organization. 1136 S. RENÉE N ARLOCH & ASSOCIATES O UR RECRUITMENT PROCESS PAGE 5 BACKGROUND CHECKS/DETAILED REFERENCE CHECKS Based on final interviews, we will conduct a credit, criminal, civil litigation, and motor vehicle record checks for the top one to three candidates. In addition, those candidates will be the subjects of detailed, confidential reference checks. In order to gain an accurate and honest appraisal of the candidates’ strengths and weaknesses, we will talk candidly with people who have direct knowledge of their work and management style. We will ask candidates to provide the names of their supervisors, subordinates , and peers for the past several years. Additionally, we will make a point of speaking confidentially to individuals known to have insight into a candidate’s abilities, but who may not be on his/her preferred list of contacts. At this stage in the recruitment, we will also verify candidates’ educational backgrounds and any required certifications . NEGOTIATIONS We recognize the critical importance of successful negotiations and can serve as your representative during this process. Our experience provides us with insight into current industry standards and expectations in negotiating c ontracts, and we will be available to advise you regarding current approaches to difficult issues such as housing and relocation. Working to secure the appointment of your chosen candidate, we will represent your interests and advise you regarding salary, benefits , and employment agreements. We have the expertise to turn a very sensitive aspect of the recruitment into one that is viewed positively by both you and the candidate. COMPLETE ADMINISTRATIVE ASSISTANCE Throughout the recruitment, we will provide the BBCRA with updates on the status of the searc h, and we will provide a schedule for actions and deliverables at the beginning of the process. We will also take care of all administrative details on your behalf. Candidates will receive personal correspondence advising them of their status at each critical point during the recruitment. In addition, we will respond to inquiries about the status of their candidacy within 24 hours. Every administrative detail will receive our attention. 1137 S. RENÉE N ARLOCH & ASSOCIATES THE TEAM P AGE 6 THE TEAM Our staff at S. Renée Narloch & Associates is comprised of a diverse group of individuals who have extensive experience in the recruitment of public sector executives. The team assigned to the Executive Director search will include Ms. Narloch , who will be the lead consultant, with assistance from Mr. Elliott Pervinich and Ms. Liana Velez Thompson . S. RENÉE NARLOCH , PRESIDENT Ms. Narloch is the President of S. Renée Narloch & Associates and the Director of our office located in Tallahassee, Florida. She is recognized as one of the nation’s leading public sector recruiters. She has more than 25 years of experience conducting public sector recruitments and has participated in more than 400 searches nationwide. Prior to forming S. Renée Narloch & Associates, Ms. Narloch spent ten years as the Senior Vice President of a public sector executive search firm with responsibilities for clients in 40 states from Texas northward to the East Coast. She also previously served as a Senior Recruiter with DMG and MAXIMUS with sole responsibility for the firm’s executive search practice in the Southeastern, Mid-Atlantic, and Mid-Western states. Ms. Narloch is considered an expert in public sector recruitment and is often a guest speaker at the International City/County Management Association (ICMA) Annual Conference. Ms. Narloch received her Bachelor of Science degree in Information Studies, summa cum laude, from Florida State University, Tallahassee, Florida. ELLIOTT S. PERVINICH , VICE PRESIDENT Mr. Pervinich is the Vice President of S. Renée Narloch & Associates ’ office located in Tallahassee, Florida. He concentrates on client outreach and business operations. Mr. Pervinich previously worked for a local city government in central Texas as a team -building trainer and facilitator in corporate development, which has given him great insight into the needs of our clients. He has twelve years of experience working in executive administration in both the local government and the for-profit sectors. Mr. Pervinich received his Bachelor of Science degree in Recreation and Leisure Services Administration from Florida State University, Tallahassee, Florida. LIANA VELEZ THOMPSON , SENIOR CONSULTANT As a Senior Consultant with S. Renée Narloch & Associates, Ms. Thompson is responsible for research, candidate recruitment, screening, reference checks, and background verifications. She focuses on client communication and works closely with clients to coordinate candidate outreach and ensure a successful search. Prior to joining S. Renée Narloch & Associates, Ms. Thompson spent several years in the field of special education . Ms. Thompson received her Bachelor of Arts degree, magna cum laude, and a Master of Special Education from Florida State University, Tallahassee, Florida. 1138 S. RENÉE N ARLOCH & ASSOCIATES C LIENTS/REFERENCES PAGE 7 CLIENTS/REFERENCES CLIENTS S. Renée Narloch & Associates' recruiters have extensive experience, placing more than 400 public sector professionals . Below is a list of some of the clients for which Ms. Narloch has recruited in the last few years. For a complete client list, please contact us . Children’s Board of Hillsborough County, FL Executive Director Florida Public Transportation Association Executive Director TOHO Water Authority, FL Executive Director; General Counsel Housing Authority of the City of Laredo (LHA), TX Executive Director City of West Palm Beach, FL Director of Public Utilities; Director of Engineering Services City of Delray Beach, FL City Attorney City of Dania Beach, FL City Manager City of Coral Springs, FL City Manager; Director of Economic Development; Deputy City Manager (2 positions); Director of Finance; Police Chief City of Coconut Creek, FL City Attorney City of Cape Coral, FL Public Works Director ; City Attorney City of Boca Raton, FL Building Official; Risk Manager City of Fort Lauderdale, FL City Manager; Assistant City Manager; Building Official; City Attorney; Director of Sustainable Development; Deputy Director of Human Resources City of Miami Beach, FL City Manager International Association of Campus Law Enforcement Administrators (IACLEA), MD Executive Director Western Reserve Transit Authority, OH Executive Director Workforce Development Board (WDB), OH Executive Director/CEO Portsmouth Redevelopment & Housing Authority (PRHA), VA Executive Director Louisiana Housing Corporation, LA Executive Director New Orleans Redevelopment Authority, LA Executive Director Seminole County, FL County Manager; County Attorney City of Port St. Lucie, FL City Attorney City of Safety Harbor , FL City Manager City of St. Pete Beach, FL City Manager; Building Official City of Dunedin, FL Community Development Director; Communications Director; City Manager; Finance Director; City Clerk City of Hallandale Beach, FL Comptroller City of Tallahassee, FL City Manager; Human Resource Director; Fire Chief; Director of Airport; Assistant General Manager - Underground Utilities & Public Infrastructure (Engineering Division) City of Quincy, FL Finance Director City of Margate, FL City Attorney; Director of Environmental and Engineering Services City of Gainesville, FL City Attorney; City Auditor; Chief Plans Examiner; Building Inspector; Planner IV Orange County, FL Chief of Corrections City of St. Cloud, FL IT Director; Environmental Utilities Director; Human Resources & Risk Management Director; Police Chief Early Learning Coalition of Broward County, FL Chief Executive Officer Consolidated Dispatch Agency (Tallahassee), FL Director SOS Children’s Villages – Florida Chief Executive Officer Pinellas Suncoast Transit Authority (PSTA), FL Chief Financial Officer Sebring Airport Authority (SAA), FL Airport Manager Community Coordinated Care for Children, FL Chief Officer of Education 1139 S. RENÉE N ARLOCH & ASSOCIATES C LIENTS/REFERENCES PAGE 8 Palm Beach County, FL County Administrator; Director of Capital Improvements Broward County, FL Assistant Director of Economic & Small Business Development; County Attorney; Port Everglades Chief Executive/Port Director; Port Everglades Director of Business Development Leon County (Tallahassee), FL Building Official Alachua County, FL County Manager Sumter County, FL Public Works Director; Fire Chief; Development Services Director; Assistant Public Works Director Engineer; Staff Engineer Pasco County, FL County Manager Lee County, FL County Manager; County Attorney Collier County, FL Director of Facilities Management Hillsborough County, FL Director of Head Start; Affordable Housing Services Director; County Administrato r Miami-Dade County, FL Public Housing and Community Development Director of Public Housing Division; PHCD Development Director; RAD Program Manager; Housing Choice Voucher Division Director City of Thomasville, GA City Manager; Assistant City Manager; City Engineer City of Alpharetta, GA Director of Economic Development Housing Authority of the City of Tulsa, OK President/CEO; VP/CFO Sedgwick County, KS County Manager; Health Department Director; Director of Human Resources Johnson County, KS County Auditor; County Appraiser; Chief Legal Counsel City of Wichita, KS Director of Law; Director of Housing & Community Services City of Topeka, KS City Manager; Administrative and Financial Services Director City of Washington, IL City Administrator City of Oak Creek, WI City Administrator City of Rye, NY City Manager City of Rochester, NY Fire Chief Rochester-Genesee Regional Transportation Authority (RGRTA), NY Chief Executive Officer (CEO) Centre Area Transportation Authority (CATA), PA Director of Transportation, Director of Finance, Data Analyst Metropolitan Washington Airports Authority, DC Vice President for Public Safety Wayne County, MI Deputy Chief Director of Personnel; Chief Deputy CFO Cincinnati Metropolitan Housing Authority (CMHA), OH Director of Accounting Franklin County, OH County Administrator; Animal Care & Control Services Director; Director of Job & Family Services Scott Consolidated Emergency Communications Center (Scott County, IA) Emergency Services Dispatch Director Greater Richmond Transit Co (GRTC), VA Chief Executive Officer City of Charlottesville, VA City Manager City of Virginia Beach, VA Deputy City Manager; Assistant Human Services Director City of Newport News, VA Fire Chief Alexandria Redevelopment and Housing Authority (ARHA), VA Chief Executive Officer Virginia Commonwealth University (VCU), Richmond, VA Police Chief York County, SC County Manager Town of Lake Lure, NC Town Manager; Project Manager City of Durham, NC Director of Technology Solutions Cumberland County, NC Assistant County Manager – Community Support Services; Human Resources Director Wake County, NC County Manager Person County, NC County Manager Durham County, NC Fire Marshal/City -County Emergency Management Director 1140 S. RENÉE N ARLOCH & ASSOCIATES C LIENTS/REFERENCES PAGE 9 City of Sugar Land, TX Controller; Director of Finance; Assistant Director of Finance; Director of Budget & Strategy ; Director of Budget South Padre Island, TX Convention & Visitors Bureau Director Dallas County, TX Director of Human Resources Town of Addison, TX City Manager City of Baytown, TX Police Chief; Director of Public Affairs; City Attorney; Assistant City Manager Houston Housing Authority, TX President/CEO City of Arlington, TX Deputy City Manager; Parks & Recreation Director City of San Antonio, TX Assistant Finance Director - Procurement Pinellas County Sheriff’s Officer Human Resources Director Housing Authority of the City of Austin, TX Vice President/Chief Financial Officer; President/CEO City of Dallas, TX Assistant Director of Transportation Operations; Assistant Director of Water Utilities; City Manager; City Attorney; Managing Director of Environmental Quality; Assistant Director of Street Services (Maintenance) El Paso Water Utilities -Public Service Board, TX President/CEO Housing Authority of the City of Brownsville, TX Chief Executive Officer Opportunity Home San Antonio (formerly San Antonio Housing Authority), TX Chief Operating Officer; Chief Real Estate Officer; President and CEO; Director of Human Resources; Director of Federal Housing Programs; Director of Communications & Public Affairs Town of Landis, NC Town Manager Fort Worth Housing Authority, TX President/CEO REFERENCES Clients and candidates provide the best testament to our ability to conduct quality searches. Listed below are a few clients for whom Ms. Narloch has conducted searches. The average tenure of placements is approximately five years. CLIENT: Toho Water Authority (TWA), FL REFERENCE : Mr. Todd Swingle, Executive Director (321) 626-3148; tswingle@tohowater.com P OSITIONS : Executive Director; General Counsel CLIENT: Western Reserve Transit Authority (WRTA), OH REFERENCE : Mr. Dean Soroka, Director of Human Resources (330) 744-8431 ext 108; dsoroka@wrtaonline.com P OSITION : Executive Director CLIENT: The Housing Authority of the City of Laredo, TX (LHA) REFERENCE : Ms. Christy Ramos, Human Resource Manager (956) 722-4521, ext. 1201, christy@larha.org P OSITION : Executive Director 1141 S. RENÉE N ARLOCH & ASSOCIATES C OST PROPOSAL PAGE 10 COST PROPOSAL PROFESSIONAL FEE AND EXPENSES The professional fee for conducting this recruitment on behalf of the Boynton Beach Community Redevelopment Agency is $24,500, plus actual expenses. Services covered by the fee consist of all steps outlined in this proposal, including up to three (3) onsite /video meetings . Expenses are estimated not to exceed $4,550 and include items such as the cost of consultant travel, clerical support, placement of ads, newspaper searches, education verification, as well as credit, criminal, and civil checks . In addition, postage, photocopying, and telephone charges are included and will be allocated. Expenses related to the use of audio/video conferencing equipment by the BBCRA for interviews and candidates’ travel for interviews are the responsibility of the Boynton Beach Community Redevelopment Agency . CANDIDATE TRAVEL With respect to candidate travel for interviews, we typically ask candidates to make their travel arrangements and advise them the BBCRA will reimburse them directly for reasonable airfare, hotel, and auto expenses if allowed . We advise candidates on what is standard and customary in the industry, as well as the BBCRA’s expectations and parameters regarding travel. Our experience has been that candidates use discretion and stay within reasonable limits both in pricing and scheduling. PAYMENT We will invoice the Boynton Beach Community Redevelopment Agency monthly for professional fees and expenses for services incurred as of the date of the invoice. We expect payment of the invoice within 30 days of receipt by the BBCRA. Typically, this results in three monthly invoices of 30% of professional fees and expenses, with a final invoice for the remaining ten percent of professional fees due upon the selection of the finalist. GUARANTEE We guarantee that , should the selected candidate be terminated for cause within the first year of employment, we will conduct the search again at no cost (with the exception of expenses) to the BBCRA. We are confident in our ability to recruit outstanding candidates and do not expect the BBCRA to find it necessary to exercise this provision. 1142 S. RENÉE N ARLOCH & ASSOCIATES C OST PROPOSAL P AGE 11 SCHEDULE We are available to begin the search for the Executive Director immediately, and our current workload is such that we can ensure the BBCRA will receive our full attention throughout the entire recruitment process. We will be prepared to make our recommendation regarding finalists within 75 to 90 days from the start of the search. A standard recruitment can typically be completed in less than 16 weeks and follows an approach and schedule similar to the one below: WEEK TASK: 1 Conduct meeting s with the BBCRA Board, staff, and others involved in the process 2 Develop recruitment brochure and advertisements 3 BBCRA reviews recruitment brochure and advertisements 4 Recruitment brochure printed and advertisements placed 5 Active recruitment of candidates begins 9 Closing date 10 Screen resumes 11-12 Recruiter interviews top candidates 12-13 Public records search 14 Review recommendations with the BBCRA Board, staff, and others involved in the process 15 Candidates interview with the BBCRA, follow-up interviews, and consultant reference/background checks 16 Candidate selected 1143 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY EXECUTIVE DIRECTOR TENTATIVE TIMELINE ACTIVITY CONDUCTED BY DATE (*) S. Renée Narloch & Associates Ad Placement SRNA March 2025 Outreach/Recruitment Closes SRNA April 10, 2025 Preliminary Review of Resumes SRNA April 11, 2025 Candidates Interview with SRNA SRNA Week of April 15, 2025 Nexis Newspaper/Google Checks SRNA April 17, 2025 Recommend Final Candidates to BBCRA (Review of candidates SRNA interviewed; BBCRA selects finalists) SRNA April 22, 2025 BBCRA Interviews Finalists BBCRA/SRNA April 30, 2025 BBCRA Chooses Top Candidate(s) BBCRA April 2025 Background Check(s) (i.e. Criminal, Civil, Education, Credit Checks) SRNA April/May 2025 Negotiations with Selected Candidate BBCRA/SRNA April/May 2025 1144 Boynton Beach Community Redevelopment Agency INVITES YOUR INTEREST IN THE POSITION OF executive director 1145 implementing the Community Redevelopment Plan that addresses the unique needs of the designated BBCRA Area, which spans 1,650 acres within eastern Boynton Beach. The Redevelopment plan includes the overall goals for redevelopment and identifies the types of projects planned for the Area. Examples of projects include Streetscape improvements, redevelopment incentives for such things as façade improvements and structural improvements, infill and affordable housing, downtown and waterfront revitalization, business promotional incentives and programming to activate storefronts, and community policing programs. The Community Redevelopment Plan is a living document that can be updated to meet the changing needs within the BBCRA Area. The BBCRA is funded through tax increment revenues. Properties located in the BBCRA Area do not pay additional property taxes; instead, a portion of the annual City and County taxes collected in the redevelopment area are transferred to the BBCRA for redevelopment activities. The greater the increase in taxable property values of the BBCRA’s base year (1982), the larger the incremental increase in revenues transferred to the BBCRA. Other funding sources for redevelopment include City-issued taxable and nontaxable bonds. Boynton Beach is quickly becoming one of Palm Beach County’s most popular and accessible waterfront destinations. The BBCRA owns the Boynton Harbor Marina, a premiere waterfront destination and full- service recreational marina that offers a variety of activities and amenities. The marina is the eastern anchor of the downtown core and the only South Palm Beach County publicly owned marina. The CRA Board appoints the Executive Director, who supervises 10 FTEs and provides oversight and management of the agency’s budget (2025) of $25.5 million and the Community Redevelopment Plan. The agency administers a CRA Advisory Board, which is a volunteer Board comprised of seven individuals appointed by the City Commission. The Advisory Board makes recommendations on the programs, activities, and funding issues affecting the THE COMMUNITY The City of Boynton Beach is the third largest municipality in Palm Beach County with an estimated population of approximately 80,139 residents. Residents of Boynton Beach enjoy a tropical lifestyle with waterfront dining, abundant shopping, and lively entertainment throughout the week. With hundreds of restaurants, outdoor lifestyle shopping centers, and a regional mall, residents do not have to travel outside the City to dine, shop, or to be entertained. The City operates 9 recreation centers, 29 parks, a swimming pool, and a municipal beach and offers many youth, teen, adult, and senior programs. Professional, dedicated staff members, with the assistance of valuable volunteers, manage the year- round recreation programs and activities and maintain parks and open spaces for the enjoyment of people of all ages and abilities. THE AGENCY BBCRA is a special district created by the City of Boynton Beach. It is governed by the BBCRA Board, consisting of the five elected officials of the City Commission, whereas the Mayor acts as the BBCRA Board Chair. The BBCRA’s mission is to serve the community and strive to create a more vibrant, livable, and healthy city for both residents and visitors of Boynton Beach. The BBCRA and all CRAs located within the State of Florida operate under Florida Statute Chapter 163, Part III, whereby local governments are able to designate selected portions of a city as a Community Redevelopment Areas (CRA) where slum and blight exist. Examples of conditions that can support the creation of a CRA are not limited to the presence of substandard or inadequate structures, a shortage of affordable housing, and inadequate infrastructure. By improving deteriorated areas through revitalization efforts, the BBCRA improves property values within the designated CRA area, increasing property tax revenues. The BBCRA is responsible for developing and 1146 • 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 meetings and presentations. • Negotiates and administers contracts, incentives, developer agreements, and projects; administers same. • Assists 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. implementation of the CRA Plan. For details regarding the agency’s projects, initiatives, and FY24-25 goals and objectives, please visit https://www.boyntonbeachcra.com. THE POSITION The Executive Director is a highly responsible position that manages the day-to-day operations and 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 Executive Director 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. Responsibilities and duties of the Executive Director include, but are not limited to: • Carries out the policies established by the five-member BBCRA Board, which oversees the redevelopment of the six BBCRA Districts. • Oversees the day-to-day agency operations. • Provides oversight and management of Federal/State Grant programs designed to assist with redevelopment goals within the BBCRA Area. • Provides comprehensive knowledge of redevelopment programs and their financing. • Develops potential incentive packages, provides market assessments/ impacts, and monitors development trends. • Writes developer requests for proposals for the purpose of disposing of BBCRA land for redevelopment. • Evaluates and drafts recommended updates and amendments to the BBCRA Plan. • Attends training sessions and conferences pertaining to BBCRA operations. • Prepares and manages annual BBCRA budget and compliance monitoring with F.S. Chapter 163 Part III. 1147 COMPENSATION Starting salary will be competitive and negotiable based on the qualifications and experience of the individual selected. Florida does not have a state income tax. TO APPLY If interested in this outstanding opportunity, please visit our website, www.SRNsearch.com, to apply online. The first review of resumes will take place on April 10, 2025; the position is open until filled. Resumes will be screened according to the qualifications outlined above. Screening interviews with the most qualified applicants will be conducted by S. Renée Narloch & Associates to determine a select group of finalist candidates who will be asked to provide references; references will be contacted only following candidate consent. Final interviews will be held with the BBCRA. Candidates will be advised of the status of the recruitment following the selection of the Executive Director. Questions regarding this recruitment may be directed to: Ms. S. RMs. S. Renée Narloch, P enée Narloch, Presidentresident S.S. RRenée Narloch & Associatesenée Narloch & Associates info@SRNsearch.com I 850.391.0000info@SRNsearch.com I 850.391.0000 wwwwww.SRNsearch.com.SRNsearch.com The BBCRA is an Equal Opportunity/ADA Employer. In accordance with Florida’s Public Records/Sunshine Laws, applications and resumes are subject to public disclosure. • Attends monthly meetings of the BBCRA Board and the CRA Advisory Board, as well as City Commission and community meetings to keep abreast of activities and programs and 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. The ideal candidate will have exceptional leadership skills and an open and collaborative management style to provide clear direction to the agency and achieve the goals and objectives set forth by the Board. The Executive Director must build strong relationships, trust, and rapport with a wide variety of stakeholders and partners. A personable, approachable, and team- oriented individual with exceptional interpersonal and communication skills is needed. A leader who supports staff and encourages professional development, training, and ideas is essential. Requirements include a bachelor’s degree from an accredited college or university with a major in business, urban planning, finance, construction management, or a related field and/or a minimum of 5 years of 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. A master’s degree is preferred. Affiliations or membership with trade associations exemplifying additional education is a plus, such as the 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.2910 Kerry Forest Pkwy D4-242, Tallahassee, FL 32309 www.srnsearch.com | info@srnsearch.com 1148 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY EXECUTIVE DIRECTOR RECOMMENDED CANDIDATES June 2025 1149 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY EXECUTIVE DIRECTOR RECOMMENDED CANDIDATES Michael Chen Executive Director/Director, Community Redevelopment Agency, Dania Beach, FL Kametra Driver Former Deputy City Manager, City of Belle Glade, FL Kris Mory Director, Community Redevelopment Agency, Deerfield Beach, FL Roy "Michael" Simon Former Economic Development Director, City of Pelham, AL 1150 MICHAEL CHEN 709B SW 13th Street, Fort Lauderdale, FL 33315, Cell (954) 779-9578 Email kmchenfl@comcast.net PROFESSIONAL EXPERIENCE 2020 - present City of Dania Beach, FL Executive Director/Director, Community Redevelopment Agency 2015 - 2020 City of Fort Lauderdale, FL Economic & Business Development Manager 2010 - 2015 Urban Development & Mobility Solutions, Tampa, FL President 2005 - 2010 City of Tampa, FL Urban Development Director/Development Services Manager 1999 - 2005 Village of Oak Park, IL Development Services Director 1997 - 1998 Corporex Companies, Inc., Covington, KY Vice President 1983 - 1995 Japan Development & Construction Co., Miami, FL/Tokyo, Japan Senior VP/Director EDUCATION 1997 M.S., Quality Management, University of Miami, Coral Gables, FL 1973 B.S., Commerce/Finance, University of Louisville, KY 1151 K. Michael Chen kmchenfl@comcast.net 709B SW 13th Street, Ft Lauderdale, FL 33315 Cell: (954) 779-9578 Page 1 Visionary, award-winning executive with a proven ability to balance strategic vision with operational precision. Recognized for successfully leading complex initiatives from concept through financing, partnership development, and execution. Expertise in structuring public-private partnerships (P3), navigating intricate financial frameworks, and building collaborative alliances that drive mission-aligned outcomes. Trusted for sparking innovation and inspiring organizational creativity. Technical Skills Leadership Attributes Contract Negotiation and Management Influential Data-Driven Economic Development Strategies Tenacious Real Estate Development Engaging and Approachable Fiscal/Financial Management, Risk Mitigation Resourceful Structuring Functional Collaborations Consensus Builder Effective Organizational Leader Integrity Experience Executive Director/Director, Community Redevelopment Agency, Dania Beach, FL 2020 – Present •Led the 2023 CRA Plan Update, the first update since 2008. The adopted Plan listed 11 priorities for the next 1 to +4 years. By the end of FY2024, the CRA had initiated and/or completed all 11 priorities. •In 2024, led the total update of the CRA website, https://daniabeachcra.org/ completed in Jan 2025. •Led the Home Beautification Program. To date, +240 senior, low-income, or veteran owned homes – qualified houses pressure washed, painted, and landscaped at no cost to the homeowner. •In FY2025, started the Safe At Home Program to perform ADA and safety improvements on senior, low-income, or veteran owned homes—at no cost to qualified homeowners. •Led the Downtown Vision Plan to serve as the core of the Arts & Entertainment District. Negotiated the relocation of Rob Stern, a world renown glass artist/studio from the Wynwood Arts District. •Administrate the CRA Local Funding Support for the state QTI incentive for the relocation of the Spirit Airlines global HQ to Dania Beach, creating +1,000 new, high-wade jobs in the city. •Created/implemented a strategy to establish an Innovation Ecosystem. Created the Dania Beach Business Academy, serving +3,000 small businesses, from 20 states and 7 countries to date. •Negotiated the relocation of the Dan Marino Foundation HQ to Dania Beach. •Led the complete rebuild of “People’s Access To Community Horticulture” (PATCH™), community garden, with raised beds to mitigate the regular flooding of its site. The total project costs were funded by generous grants of $53,835 from Invitation Homes and $25,000 from Spirit Airlines •In 2024, sold a CRA-owned property to Turn Two Construction for the development of a 2-unit attached housing project to be sold as low-income affordable housing (80% AMI). •Secured the first FIU/Dept. of Energy IP2Mkt Hospitality and Technology Incubator. •Negotiated the first agreement with FIU Institute for Resilient and Sustainable Coastal Infrastructure (InteRaCt). InteRaCt is currently working with city to develop a sea-level rise sustainability plan. Economic & Business Development Manager, City of Ft Lauderdale, FL 2015 - 2020 Developed and implemented the delivery of ED services to businesses in the city, a new City function, resulting in the addition of an economic development section in the City’s Comprehensive Plan. •City’s lead for securing 22 State Qualified Target Industry (QTI) projects – commitments to create 2,498 new jobs, with $143.7 million in annual wages, and $141.2 million of capital investment. In 2016, Ft Lauderdale captured more QTI projects than any other city in Florida. •Hosted nine tech start-up companies from the Florida Israel Business Accelerator (FIBA). Introduced them to major healthcare providers, developers, and utility providers serving Broward. 1152 K. Michael Chen Cell: (954) 779-9578 kmchenfl@comcast.net Page 2 • Created the Ft Lauderdale BEAMs Business Academy—Ft Lauderdale Alliance, SCORE, Enterprise Florida, FL Export Finance Corp, SBDC, SBA, US Exim Bank, etc. • Negotiated a Cooperation Agreement with Kaohsiung, Taiwan to mutually collaborate in the continued development, growth, and prosperity of the recreational marine industry. President, Urban Development & Mobility Solutions, Tampa, FL 2010-2015 Provide solid analytical foundation, coupled with practical strategies necessary to effectively engage stakeholders, foster community, and political support, and create implementable strategies. • City of Lakeland: Strategic action plan to revitalize an area adjacent to downtown. • City of Gainesville: Project economist for an AECOM Streetcar Feasibility Study. • City of St Pete Beach: Economic impacts analysis and market strategy to create a CRA/TIF. • Hillsborough County/Tampa-Hillsborough Economic Development Corporation: Critical path strategy and funding sources for the revitalization of a multi-jurisdictional area. • Hillsborough County: Southshore Commons (1,500,000sf) and Estuary (800,000sf) mixed-use projects—development pro forma, evaluate economic impacts, and structure P3 incentives. Urban Development Director/Development Services Manager, City of Tampa, FL 2005-2010 Media recognized my economic development initiatives as two of the top 10 news stories in Tampa Bay for 2007; guided the creation of three award-winning CRA Strategic Plans. • Created an organizational structure to establish a permanent department to manage the City’s economic development initiatives, eight CRA’s, and Enterprise Zone. • Lead negotiator and contract manager for P3 agreements: o Trammell Crow: 450,000sf office project, including a ROW/rail crossing easement from CSX. o IKEA: 353,000sf store, generating +500 construction jobs, +400 permanent jobs o M&J Wilkow/HUD: restructured a compound financial relationship and P3 Redevelopment Agreement for Centro Ybor. Negotiated HUD’s voluntary release of a second mortgage. • Performed City’s financial underwriting and structured City’s support for: o Encore: 28-acre P3 project with 1,500 residences (40% affordable), commercial space, and a hotel. On the application team for a NSP2 grant that received $38MM—wrote Rating Factor 6. o The Heights: 50-acre P3 project with 1,900 residences (15% affordable), and commercial space. o Tampa Historic Streetcar Board: Created revenue projections for 20-year business plan that led to a system track extension into the CBD completely funded by Federal and State grants. • Leader of Community/Transportation planning and CRA Strategic Plans, resulting in: o Award winning CRA plans: East Tampa, Drew Park, and Channel District. o Hillsborough I-4 Green Tech Corridor Plan, TBARTA land use committee, and TCEA update. o Channel District Arts Plan, including economic development strategies. Development Services Director, Village of Oak Park, IL 1999 – 2005 Annual private sector investment in Oak Park increased by 300% during my first three years as Development Services Director—sustained throughout my tenure. • Lead negotiator and project manager for city obligations under P3: Euclid Commons: 5-phase project with public parking, retail, and residential. Oak Park Place: Project with public parking, retail, and apartments. Volvo of Oak Park: Sales Tax sharing/relocation agreement with a failing car dealership about to lose its franchise resulted in Volvo of Oak Park becoming the largest Volvo dealer in IL. 1153 K. Michael Chen Cell: (954) 779-9578 kmchenfl@comcast.net Page 3 • Co-led comprehensive revision of the zoning ordinances for city’s 11 business districts, most oriented around CTA and/or inter-modal transit stations—point of contact to the community. • Initiated a land acquisition strategy (negotiated every acquisition) to provide development sites — resulted in the construction of five projects developed under P3. Adjunct Professor, Xavier University, Cincinnati, OH 1998-1999 Taught mid-level managers from companies including Lexmark, Long John Silver’s, Honda, and Toyota Motor Manufacturing NA, in micro- and macro-economics at under-graduate and MBA levels. Vice President, Corporex Companies, Inc., Covington, KY 1997-1998 Responsible for the strategic planning and development of CirclePort, a 650-acre office park with +2 million square feet, including the North American HQ of Toyota Motor Manufacturing, Inc. Senior VP/Director, Japan Development & Construction Co, Miami, FL/Tokyo, Japan 1983-1995 Co-founder, promoted through management ranks of publicly traded Japanese company with $3 billion annual sales. Received Chairman’s Certificate of Merit for outstanding corporate contributions. • Screened/underwrote potential corporate investments; structured partnership, project financing, and construction agreements for the development of a +$8.5 billion real estate portfolio. • Developed first TOD along Miami’s Metrorail system—280,000sf Brickell Station Towers. • Negotiated/documented the partnership, financing, hotel management, and construction agreements for the development of the Scottsdale Princess Resort, host of the Phoenix Open. • Created Hospitality Capital Group, a financing consortium recognized by the Wall Street Journal, Money Magazine, and Finance Magazine - financed the development of +20 hotels. Vice President, Osborne Engineering Co., Miami, FL Through to 1983 Created international project teams, coupling US engineering companies with Japanese equipment and financing for mega industrial projects worldwide. Education / Continuing Education MS in Quality Management (Award of Academic Merit) University of Miami (Coral Gables, FL) BS in Commerce, Finance Major University of Louisville (Louisville, KY) Oklahoma University - Economic Development Institute graduate (2019) Current/Past Awards, Honors, Community Engagement • Received the Marquis Who’s Who, Albert Nelson Marquis Lifetime Achievement Award (2024). • Initial contact with Hotwire Communications, recognized as a corporate relocation deal of 2018. • BEAMs received the 2018 International Economic Development Council (IEDC) “Gold Award of Excellence in Economic Development” as the best business retention/expansion program in the US. • Boards/Committees: IEDC Marketing Committee, Greater Ft Lauderdale Sister Cities Int’l, Greater Ft Lauderdale Alliance, Port Everglades Action Team, Downtown Oak Park • Leadership Broward, Class XXXV • Planning: Tampa-Hillsborough Planning Comm Awards (Chairman’s, Excellence, Merit), Florida Redevelopment Assn (Roy F. Kenzie), Tampa Downtown Partnership (Urban Excellence) • Japan Development & Construction Company Chairman’s Certificate of Merit • City of Miami Beach, FL: Hotel Development Task Force • Embassy Suites, Inc.: Partners, Construction, and Marketing Committees • World Trade Center of Miami: Trustee, Member of Miami's International Roundtable • Member American Mensa 1154 K. Michael Chen 709B SW 13th Street, Ft Lauderdale, FL 33315 kmchenfl@comcast.net Cell: 954-779-9578 April 8, 2025 Boynton Beach Community Redevelopment Agency Re: Executive Director Position I am writing to express my interest in the Executive Director position at the Boynton Beach Community Redevelopment Agency. With a robust background in economic development, strategic planning, and business attraction/expansion, coupled with my leadership skills and innovative approach, I am confident in my ability to contribute positively to your team. As an experienced Executive Director, the posting for Executive Director with Boynton Beach Community Redevelopment Agency piqued my interest. When reviewing the job requirements and your website, I was excited to see that my qualifications and personal traits align with your needs and advance the achievement of your mission. “The Boynton Beach Community Redevelopment Agency (BBCRA) serves the community by guiding redevelopment activities such as affordable housing, free business promotional events, and small business funding programs that create a vibrant downtown core and revitalized neighborhoods within the Agency's 1,650 acres located along the eastern edge of the City of Boynton Beach.” Throughout my career, I have consistently demonstrated a commitment to fostering a collaborative and dynamic environment, a hallmark of my collaborative leadership style. I pride myself on being an analytical problem-solver, always seeking innovative solutions to complex challenges, and driving forward-thinking strategies that align with organizational goals. At the core of my professional philosophy is the belief that teamwork and shared vision are essential catalysts for community enrichment and successful redevelopment initiatives. I am enthusiastic about the opportunity to bring my experience and skills to Boynton Beach Community Redevelopment Agency and work alongside your talented team to enhance the agency's impact on the community. Thank you for considering my application. I look forward to discussing how my background and vision align with the objectives of your organization. I look forward to speaking with you soon. Best regards, K. Michael Chen K. Michael Chen 1155 KAMETRA DRIVER 27364 SW 143rd Ct. Homestead, FL, Phone (305) 785-2390 Email kdriver69@gmail.com PROFESSIONAL EXPERIENCE 2024 - 2024 City of Belle Glade, FL Deputy City Manager 2018 - 2024 City of Homestead, Community Redevelopment Agency, FL Executive Director 2016 - 2018 City of Homestead, FL Economic Development Manager 2001 - 2016 WeCare of South Dade, Inc., Miami, FL Executive Director 2000 - 2001 ReCapturing the Vision, Miami, FL Events Coordinator 1999 - 2000 Self-Employed, Tulsa, OK Consultant 1998 - 2000 World Alive, Inc., Tulsa, OK Service Manager EDUCATION 2019 Masters in Public Administration, Barry University, Miami, FL 1991 Bachelor of Arts, Communications Emphasis: Public Relations, University of Tulsa, OK 1156 KAMETRA DRIVER 27364 SW 143rd Ct. Homestead, FL 33032 (305) 785-2390 mobile; krdriver69@gmail.com WORK EXPERIENCE City of Belle Glade, Belle Glade, FL Deputy City Manager (6/24 – 11/24) • Performed managerial work involved in planning and directing activities and oversee all city departments. • Provided leadership in recommending and implementing policies pertaining to long range planning, economic development, neighborhood revitalization, and code enforcement issues. • Oversee high-level special projects. • Reviewed personnel problems, programs, and progress with Building Official and Department Managers. • Met with concerned citizens, consultants, developers, contractors, and Commission and planning, building code, and code enforcement issues. • Responsible for researching and developing recommendations on Citywide issues, pending legislation and other administrative issues. • Reviewed general operations to determine efficiency and provide direction on major projects or problem areas. • Responsible for creating and implementing Community Redevelopment Agency initiatives and efforts, including revitalization of the City’s downtown. City of Homestead, Homestead, FL Community Redevelopment Agency (CRA) Executive Director (2/18-5/2024) • Serve as the administrator for a seven member policy board which oversees the renewal and redevelopment of downtown Homestead. Supervise day-to-day agency activities. • Led efforts to revitalize downtown resulting in increased number of new businesses. • Serve as a member of the City Manager’s Executive Management Team. • Negotiated with property owners and worked with City Attorneys for property acquisitions for CRA mixed-use developments and the downtown’s future food hall and entertainment venue. • Developed and implemented plans to increase the CRA’s revenue and revive downtown by purchasing blighted buildings and leasing them for restaurant and entertainment purposes. • Created a grant program to incentivize new businesses to relocate into downtown. • Secured $500,000 transportation planning grant. • Negotiated relocation packages/grants with potential new businesses. • Completed economic impact studies for potential new businesses seeking grant assistance. • Negotiated with developer and secured first downtown housing development to be made up of market rate loft apartments. • Developed and managed COVID-relief grant programs for residents and businesses. • Evaluated community needs and developed economic development plan for the historically black neighborhood. Built community support and political will for implementation. • Developed first-time home buyer grant program. • Created a Small Business Clinic that provided capacity-building training to 20 businesses, each received an implementation grant at program completion. • Established the SW Neighborhood New Home Initiative to increase inventory of newly constructed homes on CRA-owned lots. 1157 •Led team efforts to develop Request for Proposals for mixed-use projects and senior housing development as well as Request for Qualifications for Brownfield Consultant. •Partnered with Homestead Police to implement community policing initiatives that led to decreased crime and group-involved activities. •Managed contracts for landscaping, architecture and economic development services. •Administered CDBG residential rehabilitation grants •Created “pop-up” and recurring events designed to increase traffic and activity in downtown. City of Homestead, Homestead, FL Economic Development Manager (10/16-2/18) •Responsible for structuring projects and programs that support community economic development. •Administered and implemented economic plans, programs and policies. Built community support for implementation of plans. •Served as a team member on $55 million of capital projects that were completed on-time and on budget. •Successfully recruited a multi-million dollar manufacturing company to the Park of Commerce. WeCare of South Dade, Inc. Miami, FL A non-profit coalition of social service agencies Executive Director (8/01-10/16) Coordinated and managed collaborative efforts between the 100 network partners. Organized and supervised the development and implementation of neighborhood network linking social service providers in South Miami Dade County. Assisted agencies with grant writing, research and development, non-profit management, and capacity building. Accomplishments: •Increased agency operations budget from $75,000 to more than $1 million in two years •Provided capacity-building technical assistance to non-profit organizations •Developed and implemented training program •Developed mental health action team to address the lack of mental health services for children •Assisted the City of Homestead with development of resident energy assistance program •Increased coalition membership and agency participation 40-percent •Developed, implemented and operated Non-profit Management Incubator •Developed and coordinated the South Dade Drug-Free Communities Coalition •Established and provided leadership over South Dade Out-of-School Collaborative made up of afterschool programs •Created the “Eat Well, Play Hard” annual physical fitness event for youth •Successfully advocated for millions of dollars to support youth programming in South Dade. ReCapturing the Vision, Miami, Florida A non-profit agency dedicated to the betterment of teens and their families in Miami, Florida. Events Coordinator (12/00-05/01) Managed the planning and execution of various projects and special events. Performed staff training on protocol and office administration. Recruited and trained volunteers for their service at each event. Created all written correspondence for events including news releases, advertisements and public service announcements and developed media kits, letters and presentation packets. Wrote monthly column for local gospel newspaper. Began development of agency marketing and public relations plan. 1158 • South Dade Chamber of Commerce Board of Directors (2013-2016) • Certified Parenting Education Facilitator (2009-2013) • Mentor, God’s Little Women Teen Girls Group (2010) • Foster parent (2008-2016) • Miami-Dade County Community Action Agency Board of Directors (2007-2012) • Assistant Director, Second Baptist Church Youth Group, (2005-2008) • Certified Victim Advocate, (2006) • Miami Dade County Homeless Trust Board, (2004-2006) • Member, Miami Dade County Workgroup on School Overcrowding, (2003-2004) • Homestead/Florida City Human Relations Board (2002-2006) • Miami-Dade County Strategic Planning Committee, Miami, FL (2002-2003) 1159 Self-Employed, Tulsa, Oklahoma Marketing and Public Relations Consultant for ministries, churches and small businesses. Consultant, (05/99-01/01) Coordinated conferences and special events. Managed and trained volunteers and staff for each event. Developed marketing plans and materials to enhance agency’s overall presentation of services and to promote company growth and exposure. Organized, trained and developed staff, both paid and non- paid, in administrative procedures. Wrote procedure manuals for conference coordination, bookstore operations and radio broadcast editing. Accomplishments: • Assisted with the coordination and media advertising for Woman Thou Art Loosed Conference 1999-2000. • Successfully managed and coordinated 2nd annual conference for Greenwood Christian Center. • Increased product sales over 300% for church bookstore. Word Alive, Inc., Tulsa, Oklahoma Full service marketing and media agency providing graphic design, television services and on-site and post duplication to ministries. Service Manager (05/98-05/00) Responsible for monitoring client activity and managing active accounts with television broadcasts, duplication orders or packaging development. Consulted clients on effective marketing strategies for products and television commercials, and coordinated and oversaw requests with appropriate agency departments as well as outside entities including call centers and television and radio stations. Worked closely with television department in creative development of product and conference commercials and weekly television broadcasts. Assisted with graphic designs for conference ads, video and audio tape covers, fliers, and logo development. Accomplishments: • Structured, organized and managed the new Service Department. • Improved company/client relations and increased customer satisfaction. • Successfully bridged gap between agency departments, promoting a team atmosphere. • Assisted with management, organization and structure of television department. EDUCATION/TRAINING • Masters in Public Administration, August 2019, Barry University, Miami FL • Bachelor of Arts, Communications Emphasis: Public Relations, May 1991 University of Tulsa, Tulsa, OK. • FRA/RP – Certified Florida Redevelopment Professional, 2023 AFFILIATIONS/RECOGNITIONS • National Association of Black Public Administrators • ICMA • Recognized as one of Miami’s Most Prominent & Influential Black Women in Business and Industry in 2023, Legacy Magazine COMMUNITY INVOLVEMENT • Miami Dade Economic Advocacy Trust (MDEAT) Board Member (2022-present) • Mandarin Lakes Homeowner’s Association Board Member (2021-present) • Genesis Hopeful Haven Group Home Board Member (2015-2016) 1160 April 23, 2025 S. Renée Narloch & Associates Attn: S. Renée Narloch 2910 Kerry Forest Pkwy D4-242 Tallahassee, FL 32309 Dear Ms. Narloch: I enthusiastically submit my resume for the Boynton Beach Community Redevelopment Agency Executive Director. My eight years in municipal government, including more than six years as Director of the Homestead Community Redevelopment Agency, make me an ideal candidate for moving this organization forward. I have a demonstrated track record as a leader within and outside of the organization, while bringing experience in community and economic development, fiscal management, professional project management, business outreach and development, and intergovernmental relations. My career reflects a proven ability to navigate the intricacies of redevelopment projects, honed through executive leadership roles in both government and the non-profit arena. This diverse background provides me with a unique perspective and a comprehensive understanding of the challenges and opportunities faced by underdeveloped communities. I have demonstrated expertise in managing complex, large-scale public-private partnerships and have a successful history of securing substantial federal, state, and local grant funding to support community development initiatives. Furthermore, I have designed and implemented effective programs aimed at attracting and retaining businesses in underperforming commercial areas, leading to tangible improvements in local economies. My commitment to community service is exemplified by my leadership as Executive Director of WeCare South Dade. In this capacity, I expertly coordinated and managed collaborative efforts among a network of 100 partner organizations. I also spearheaded the development and implementation of a vital neighborhood network connecting social service providers across South Miami-Dade County, thereby strengthening community support systems. I hope that you will find my experience and dedication to service are a solid match for the position of Executive Director. I have enclosed my resume and look forward to an opportunity to share more information about my qualifications and accomplishments. Respectfully, Kametra Driver Kametra Driver, MPA, FRA-RA 305-785-2390 Krdriver69@gmail.com 1161 KRIS MORY 2630 NE 18th Terrace, Lighthouse Point, FL 33064, Cell (954) 297-0075 Email krismory@gmail.com PROFESSIONAL EXPERIENCE 2010 - present City of Deerfield Beach, FL Director, Community Redevelopment Agency (2010-present) Director of Economic Development (2013-present) 2008 - 2001 The Holistic Planning Group, Lighthouse Point, FL Co-owner 2003 - 2008 Strictly Additions, Plantation, FL Development Director 1999 - 2003 City of Plantation, FL Economic Development Coordinator 1996 - 1999 Montachusett Regional Planning Commission, Fitchburg, MA Economic Development Coordinator 1993 - 1996 City of Leominster, MA Economic Development Coordinator 1992 - 1993 Massachusetts Port Authority, Boston, MA Trade Associate EDUCATION 1994 M.P.A., University of Massachusetts 1991 B.A., International Relations and French, University of Wisconsin 1162 Kris Mory, CEcD Current Professional Position Objective Pursue my passion for creating vibrant, livable communities through tailor-made redevelopment strategies and meaningful partnerships. Work in a supportive environment where I can achieve my professional best. Skills Top-tier redevelopment tools and techniques developed over a successful 30-year career Leadership Communication Resourcefulness Strategy Technical Writing Public Speaking Professional public administration Long term vision attainment Contact 2630 NE 18th Terrace Lighthouse Point, FL 33064 954-297-0075 krismory@gmail.com Deerfield Beach Community Redevelopment Agency Director 2010-current Administration - $15,600,000 annual budget, 5 and10 Year Capital Improvements Plans, CRA Plan implementation, State of Florida statutory compliance, public procurement, report to a 5-member CRA Board (City Commission sitting as CRA), manage CRA staff of 3, specialty consultants and contractors Capital Projects – Sullivan Park Marine Science Center, Island Business District Utility Undergrounding and Streetscape Improvements, Sullivan Park and Marina, Deerfield Beach International Fishing Pier Entrance Buildings (LEED Gold), Kirk Cottrell Pavilion, Cove Gardens Neighborhood Utility and Streetscape Improvements, Cove Shopping Center Parking Lot, Wayfinding Signage System, Turtle-Friendly Pedestrian and Streetlighting Pilot Project Programs – Real Estate Acquisition and Management, Public Art, Community Policing, Commercial Façade, Freebee Rideshare, Special Event Activations, Farmers Market Grants – FIND, Broward County Cultural Affairs ($4M in FY 2025) City of Deerfield Beach Director of Economic Development 2013 – current Administration - $1,500,000 annual budget, management of 3-person staff, annual grants, incentives, contracts and leases Public Private Partnerships – Large-scale project scoping, solicitation, marketing, deal-making, financing and project oversight from concept to completion Economic Development Strategy – Creation and implementation of a strategy to address tax base expansion through business attraction, retention and expansion, entrepreneurship formation, small business and workforce development, and incentives Business Assistance – Working knowledge of all aspects of the business cycle from idea, business planning, financing, site selection, design, permitting, build-out, building, and operations Marketing – Execution of a multi-media approach to communication using social media, video, print, radio, grassroots and face to face promotion Staff Support – Trusted advisor to the City Manager, Mayor and City Commission 1163 Special Assignments Previous Experience Awards and Achievements Affiliations Education Outstanding professional references provided on request University of Massachusetts – Master of Public Administration University of Wisconsin – Bachelor of Arts (International Relations and French) The Holistic Planning Group (2008-2011) Co-Owner of Urban Planning and Redevelopment consulting firm with Broward and Miami Dade CRA clients. Strictly Additions (2003-2008) Development Director of family owned construction company specializing in residential additions in Broward and Palm Beach County. City of Plantation, Florida (1999-2003) Economic Development Coordinator charged with the creation and implementation of the City’s first Economic Development Strategy, Midtown Plantation Redevelopment Plan and Plantation Gateway CRA. Montachusett Regional Planning Commission (1996-1999) Economic Development Coordinator charged with the creation of the Comprehensive Economic Development Strategy (CEDS) for a region of 21 cities and towns in North Central Massachusetts. City of Leominster, Massachusetts (1993-1996) Economic Development Coordinator tasked with creation of the City’s first Economic Development Strategy focused on industrial development and red brick mill reuse. Massachusetts Port Authority (1992-1993) Western European Trade Associate assisted New England businesses expand through exportation. Certified Economic Developer – International Economic Development Council Florida Certified Redevelopment Administrator – Florida Redevelopment Association Best Out of the Box Project – Deerfield Central City Redevelopment Plan, Florida Redevelopment Association Best Marketing Campaign – Plantation: The Grass is Greener – Florida Economic Development Council Downtown Deerfield Master Redevelopment P3 Project Lead (20 acres) 1045 SW 11th Way Redevelopment P3 Lead (4 acres) Deerfield Beach Economic Development Council (NFP) Liaison Public Art Committee Member Community Facility Architectural Aesthetics Committee Member Centennial Celebration Committee Central City Redevelopment Program Formation and Implementation Greater Fort Lauderdale Alliance Florida Redevelopment Association International Economic Development Council Urban Land Institute 1164 Kris Mory, CEcD 2630 NE 18th Terrace Lighthouse Point, FL 33064 June 10, 2025 Ms. S. Renée Narloch President S. Renee Narlock and Associates 2910 Kerry Forest Pkwy D4-242 Tallahassee, FL 32309 In Re: Boynton Beach Community Redevelopment Agency Executive Director Recruitment Dear Ms. Narloch, Please accept this letter as my formal request for consideration to become the next Executive Director for the Boynton Beach Community Redevelopment Agency (CRA). As a community redevelopment professional in the South Florida region since 1999, an active member of the Florida Redevelopment Association and as the Director of the neighboring Deerfield Beach CRA since 2013, I’ve been aware of the good things happening in Boynton Beach. Since the Deerfield Beach CRA is approaching its mandatory sunset date, the recruitment for Boynton Beach CRA’s Executive Director presents itself as an opportunity to continue putting my extensive experience into practice. I find fulfillment in using my knowledge base, resourcefulness, persistence, and “can-do” attitude to achieve community goals. I am approachable, relatable, and forge mutually beneficial relationships with ease. Speaking with residents, business owners, developers, elected officials and large groups is something I handle with confidence. I am highly skilled at all aspects of CRA plan implementation from capital project construction to negotiating developers’ agreements to managing contractors, consultants and staff. I’m currently responsible for a department of six staff with an annual budget of $17 million for a city with 89,000 residents. I have a spotless administrative record in my management of the Deerfield Beach CRA. One of my unique skill sets is the ability to develop interlocal agreements and CRA redevelopment policies and programs to complement and not detract from City functions. After you review my resume of qualifications, I hope that you agree that I’m a perfect fit for this position and look forward to discussing my experience in greater detail with you and the Boynton Beach CRA Board of Directors. Sincerely, Kris Mory, CEcD 1165 ROY "MICHAEL" SIMON, JR. 157 Lakeland Ridge, Chelsea, AL 35043, Phone (205) 478-1701 Email rmichaelsimonjr@yahoo.com PROFESSIONAL EXPERIENCE 2021 - 2025 City of Pelham, AL Economic Development Director 2007 - 2021 Boynton Beach Community Redevelopment Agency, FL Executive Director (2016-2021) Assistant Executive Director (2013-2016) Development Director (2007-2013) 2002 - 2006 Delray Beach Community Redevelopment Agency, FL Development Manager (2003-2006) Development & Acquisition Consultant (2002-2003) 1995 - 1999 City of Delray Beach, Community Development, FL Community Development Administrator EDUCATION 1987 B.A., Sociology, Stetson University 1166 Roy Michael Simon Jr. 157 Lakeland Ridge, Chelsea, AL 35043 | 205-478-1701 | rmichaelsimonjr@yahoo.com PROFESSIONAL EXPERIENCE City of Pelham Pelham, AL Economic Development Director. July 2021 – March 2025 ➢ Coordinates the City's economic development activities and administers the City's economic development program including prospect development, land acquisitions, development incentives, creation of Cooperative and Entertainment Districts, and negotiation with industry representatives to encourage business development in the City of Pelham. ➢ Leads negotiations for property acquisitions, business partnerships, or development agreements for commercial and industrial businesses development in the City, which may include tax abatement options or similar business development incentives; monitors agreements for compliance with state, local and/or federal regulations and works with the City's finance department to ensure compliance with agreements. ➢ Implements economic development programs by researching state and federal economic development programs; monitors ordinances or legislations; recommends policy or program changes to the City Manager to increase effectiveness and efficiencies of the City's economic development initiatives. ➢ Research, development, and distribution of economic development data and reports; prepare and maintain updated statistical data on related businesses and industries. ➢ Leads negotiations for property acquisitions, business partnerships, or development agreements for commercial and industrial businesses development in the City, which may include tax abatement options or similar business development incentives; monitors agreements for compliance with state, local and/or federal regulations and works with the City's finance department to ensure compliance with agreements. ➢ Answers questions from prospective business partners on available properties in the City; zoning policies and processes as requested or as necessary to make business decisions. ➢ Recruits commercial and industrial business developers through targeted marketing; meetings with developers, brokers, retailers, and other businesses to encourage business development opportunities in the City of Pelham. ➢ Acts as staff liaison and project manager for the City of Pelham Community Development Authority Board of Directors. Boynton Beach Community Redevelopment Agency Boynton Beach, FL Executive Director: June 2016 – September 2021 Assistant Executive Director: October 2013 – June 2016 Development Director: March 2007 - October 2013 ➢ Develops and manages the public Agency’s annual budget of $16 million and strategic plan. ➢ Led Agency capital redevelopment projects, private sector development, downtown Transit Oriented Development (TOD) projects, and affordable housing efforts identified in the Agency’s Community Redevelopment Plan, Annual Project Action Plan, and Strategic Plan. ➢ Responsible for all Agency real estate acquisitions, real estate asset management, and redevelopment of real estate assets. ➢ Established the economic development efforts for the Agency. Created, managed and promoted financial assistance programs, grants, and incentives used for business sustainability, expansion, retention, relocations, and recruitment. ➢ Managed and promoted Community Redevelopment and Economic Development programs and incentives through analysis of real estate market data, business incentives, and current commercial and financial trends. 1167 ➢Responsible for all Agency real estate acquisitions, real estate asset management, and redevelopment of real estate assets. ➢Participates in proposed capital project design, value engineering, development schedule, and financing. ➢Coordinated and supervised the work of consulting engineers, developers, design professionals, and contractors to oversee the successful implementation of Agency capital development projects, business assistance, community enhancement, and affordable housing initiatives. ➢Collaborated with City and County personnel on inter-departmental and Agency projects relating to economic and commercial development, affordable and workforce housing, urban planning, capital projects, code enforcement initiatives, infrastructure, and streetscape improvements. ➢Program management for the Agency’s economic development commercial improvement grant and commercial rent subsidy grant, workforce and market-rate housing programs, and owner- occupied residential rehabilitation. ➢Conducted financial and real estate market analysis of proposed redevelopment projects; managed the Agency’s real estate development projects, maintenance, and acquisitions pipeline. ➢Coordinated and managed Agency’s revitalization efforts identified in the City’s 2008 Downtown Master Plan and the Agency’s Community Redevelopment Plan. ➢Collaborated with City of Boynton Beach personnel, City Council, and Mayor’s office to implement urban planning and capital projects, special events, commercial improvement, code enforcement initiatives, infrastructure and streetscape redevelopment projects. Delray Beach Community Redevelopment Agency Delray Beach, FL Development Manager: August 2003 – August 2006 Development & Acquisition Consultant: March 2002 – August 2003 ➢Program management for the Agency’s grant programs for commercial improvement and rent subsidy grants, workforce and market-rate housing programs, and owner-occupied residential rehabilitation. ➢Project Manager and lead staff for the acquisition of commercial and residential properties for the purposes of community improvement and redevelopment. ➢Conducted financial and market analysis of proposed redevelopment projects; managed the Agency’s real estate development, maintenance, and acquisitions pipeline. ➢Presentation of agenda items at regular bi-weekly Board of Commissioner meetings, regular interaction with Board Members, City commissioners, Police, Fire, Planning, and Community Compliance Departments. City of Delray Beach, Community Development Delray Beach, FL Community Development Administrator: December 1995 – July 1999 ➢Administration of all Federal (CDBG), (HOPE3), (HOME), State (SHIP) and local community residential and commercial grant programs. ➢Responsibilities included program design, planning, implementation, management, budget performance, and annual reporting to the Department of Housing & Urban Development and the Florida Department of Community Affairs. ➢Job duties included monitoring of sub-recipient grant agreements and sub-contractors for compliance associated with the CDBG program. ➢Coordination of local governments, lending institutions, non-profit agencies, and local realtors involved in the development and delivery of affordable housing. 1168 Roy Michael Simon Jr. 157 Lakeland Ridge, Chelsea, AL 35043 | 205-478-1701 | rmichaelsimonjr@yahoo.com EDUCATION & CERTIFICATIONS ▪Licensed Real Estate Salesperson, State of Alabama February 2021-Present ▪Licensed Real Estate Salesperson, State of Florida January 1999–Present ▪Bachelor of Liberal Arts/Sociology, Stetson University January 1983–January 1987 ▪Completion of the Auburn University & International Economic Development Council Intensive Economic Development Training Course, July, and September 2022 ▪Certified Redevelopment Administrator, Florida Redevelopment Association ▪Board of Directors of the Florida Redevelopment Association: October 2018 – July 2021 ▪Board Training Certification, Florida Redevelopment Association ▪Certified Public/Private Partnership (P3) Professional, University of Florida, Public Utility Research Center Warrington School of Business ▪Certificate of Completion - Transit Oriented Development Academy Urban Land Institute & Florida Atlantic University’s Center for Urban & Regional Solutions ▪Cities 101 Certification, Florida League of Cities ▪Certificate of Completion, Economic Development Workforce Development – International Economic Development Council ▪Certificate of Completion, Foundations of Real Estate Development, Urban Land Institute ▪Certificate of Completion, Social Economy & Nighttime Management Academy – Responsible Hospitality Institute PROFESSIONAL AFFILLIATIONS •Economic Development Association of Alabama (EDAA) – Professional Member •International Economic Development Council (IEDC) - Professional Member •International Council of Shopping Centers (ICSC) – Professional Member •Urban Land Institute (ULI) - Professional Member •Business Development Board of Palm Beach County - Professional Member •National and Regional Association of Realtors - Professional Member •Florida Trend Magazine’s “People To Know”, September-October 2020 1169 157 Lakeland Ridge, Chelsea, AL 35043 June 3, 2025 S. Renee Narloch, President S. Renee Narloch & Associates Re: The Position of Executive Director for the Boynton Beach Community Redevelopment Agency Dear Ms. Narloch, I am writing to express my interest in the Executive Director position at the Boynton Beach Community Redevelopment Agency (BBCRA), as advertised on the Agency’s website. The field of Community Redevelopment and Economic Development has been my chosen career path for the past 30 years and I am passionate about the outcomes possible for communities utilizing the tools offered by CRAs. My time previously spent with the BBCRA as their Executive Director, Assistant Director and Development Manager provide me with a deep understanding of the programs, projects and economic environment of Boynton Beach and the redevelopment area. My many years of experience and progressive responsibility levels in community improvement and redevelopment have provided me with an extraordinary background in assisting businesses and residents manage the goals and expectations for advancement as outlined under their redevelopment plans. Active engagement with my Board of Directors, honest and fair dealings with the public and development community, as well as honoring the fiduciary responsibility for public funding are very important to me as a professional and Executive Director. I have many years of experience in affordable, workforce housing, business support and grants, and large-scale mix-use redevelopment projects utilizing incentives. One of those large-scale mix-use redevelopment projects during my time as Executive Director at the BBCRA was the Town Square project. This was an $83,000,000 project involving the relocation and construction of a new City Hall building, renovation of a historic school structure into a cultural arts center, new amphitheater and public space, along with adjacent land areas planned for future commercial and residential growth. This was project meeting the definition of a true public-private partnership in both development and funding. Additionally, the Ocean Breeze East low-income housing tax credit development and the MLK Jr. Boulevard commercial and low-income housing tax credit housing project, as well as the redevelopment of the Boynton Harbor Marina are some of the successful projects that took place under my leadership. Throughout my career, I have demonstrated a commitment to excellence, dedication and attention to detail. My ability to adapt to dynamic situations, coupled with my passion for community redevelopment and improvement, ensures that I am well-prepared to navigate the challenges and opportunities presented by the Executive Director role. Thank you for taking the time to review my professional resume and considering my application. I would be delighted to discuss how my skills, experiences, and motivations align with the vision and goals of the Boynton Beach Community Redevelopment Agency. I am available for an interview at your convenience and can be reached on my cell phone at: 205-478-1701 or via email at: rmichaelsimonjr@yahoo.com. Sincerely, Roy Michael Simon Jr. 1170 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: August 12, 2025 NEW BUSINESS AGENDA ITEM 15.A SUBJECT: Discussion and Consideration of the Request for Proposals for CRA Executive Director Services SUMMARY: On July 8, 2025, the Board directed staff to draft a Request for Proposals (RFP) to qualified parties for CRA Executive Director Services (see Attachment I). The RFP will solicit services of a consulting firm to provide Executive Director Services to the CRA for a period of one (1) year with the option of (2) two additional one (1) year renewals. The Executive Director services will include an Executive Director position to serve as a full- time in-house consultant that will manage the day-to-day operations of the CRA. 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. All RFP submittals will be evaluated by the CRA Board in accordance with the criteria set forth in the RFP documents (see Attachment II). The CRA Board may conduct interviews/presentations as part of the evaluation process. The CRA anticipates award to the highest ranked qualified firm as determined by the CRA Board. RFP SELECTION COMMITTEE: The Proposals will be evaluated and ranked by the CRA Board. The Board will award the contract to the highest ranked firm. EVALUATION CRITERIA: The CRA Board is responsible for establishing factors to evaluate the Proposals. Staff recommends that the following evaluation criteria be used: 1171 •Attachment I - July 8, 2025 CRA Board Meeting Minutes •Attachment II - Draft RFP for Executive Director Services MAX. POINTS CATEGORY 15 Firm’s Qualifications 20 Qualifications of Project Team, (key project members) and availability of specialty resources 25 Approach, Demonstrated Skill Set, Creativity, and Innovative Ideas that will be used to address the Scope of Work 10 References of Past Performance 30 Price The CRA Board will first score the proposals on their technical merit (criteria 1-4). The price proposal will then be evaluated by using a formula, wherein the lowest price proposal receives a score of 30. The price proposal score will then be added to the technical score to reach the final score. RFP Schedule: If the Board desires to move forward with the RFP, Staff recommends that the RFP be published on August 15, 2025, with a deadline to submit proposals on September 15, 2025. The Proposers will present at the October 23, 2025 Board meeting. FISCAL IMPACT: To be determined by the CRA Board. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach CRA Community Redevelopment Plan CRA BOARD OPTIONS: 1. Approve the RFP for the CRA Executive Director Services and issue subject to final CRA legal review. 2. Do not approve RFP for the CRA Executive Director Services. 3. Alternate determination based on CRA Board discussion and consideration. ATTACHMENTS: Description 1172 1173 1174 4931-4527-3177, v. 2 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY REQUEST FOR PROPOSALS FOR EXECUTIVE DIRECTOR SERVICES Issue Date: August 15, 2025 Issuing Entity: The Boynton Beach Community Redevelopment Agency (CRA) Contact Person: Vicki Hill, Finance Director Tel: (561) 600-9092 - Fax: (561) 737-3258 Address for Submittal: The Boynton Beach CRA 100 East Ocean Avenue, 4th Floor Boynton Beach, FL 33435 RFP Submission Due Date: Monday, September 15, 2025, at 3:00 pm (Eastern Day Light Savings Time) Term of Engagement: The term of the proposal is for one (1) year with the option of (2) two additional one (1) year renewals. RFP’s will be opened in: CONFERENCE ROOM – CRA OFFICES Unless otherwise designated Proposals received after the above submission date and time will not be considered. The CRA time of receipt notification shall be conclusive as to the timeliness of filing. The CRA is not responsible for the U.S. Mail or private couriers in regard to mail being delivered by a specified time so that a proposal can be considered. The CRA reserves the right to consider proposals that have been determined by the CRA to be received late due to mishandling by the CRA after receipt of the proposal and no award has been made. The CRA reserves the right to accept or reject any proposal or any part thereof or any combination of proposals and to waive any or all formalities. 1175 4931-4527-3177, v. 2 REQUEST FOR PROPOSALS FOR EXECUTIVE DIRECTOR SERVICES The CRA is soliciting the services of a consulting firm to provide Executive Director Services to the CRA for a period of one (1) year with the option of (2) two additional one (1) year renewals. The CRA expects these services to include providing an Executive Director to serve as a full- time in-house consultant as further set forth in Part II Scope of Work. Table of Contents PART I - INSTRUCTIONS TO PROPOSERS .......................................................................... 3 PART II - SCOPE OF WORK .................................................................................................... 8 PART III - PROPOSAL REQUIREMENTS ............................................................................. 9 A. Submission of Proposals ..................................................................................................... 9 B. Technical Proposal .............................................................................................................. 9 PART IV - EVALUATION OF PROPOSALS ........................................................................ 11 APPENDIX A: JOB DESCRIPTION ....................................................................................... 13 APPENDIX B: REQUIRED SUPPLEMENTAL FORMS ..................................................... 16 PRICE PROPOSAL FORM ...................................................................................................... 17 PROPOSER’S ACKNOWLEDGEMENT ................................................................................ 19 NON-COLLUSION AFFIDAVIT FORM ................................................................................. 20 ANTI-KICKBACK AFFIDAVIT .............................................................................................. 21 DRUG-FREE WORK PLACE FORM ...................................................................................... 22 SWORN STATEMENT UNDER SECTION 287.133(3)(A), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES ...................................................................................................... 23 PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT ..................... 26 CERTIFICATION OF NON-SCRUTINIZED COMPANY ..................................................... 27 ANTI-HUMAN TRAFFICKING AFFIDAVIT ........................................................................ 28 INSURANCE REQUIREMENTS ............................................................................................. 30 SAMPLE AGREEMENT .......................................................................................................... 32 1176 3 4931-4527-3177, v. 2 PART I - INSTRUCTIONS TO PROPOSERS PROPOSAL SUBMISSION: RFP submittals shall be received at the Boynton Beach Community Redevelopment Agency on or before Monday, September 15, 2025, at 3:00 p.m. at following above address: The Boynton Beach CRA 100 East Ocean Avenue, 4th Floor Boynton Beach, FL 33435 Submittals sent to any other location shall not be accepted. Proposals shall not be submitted to the City of Boynton Beach. The outside of the envelope/container must be identified with the RFP title as stated above. The envelope/container must also include the Proposer’s name and return address. Receipt of the RFP submittal after the time and date specified due to failure by the Proposer to provide the above information on the outside of the envelope/container shall result in the rejection of the RFP submittal. RFP submittals received at another location, other than the location noted above, or received after the specified time and date shall be returned unopened. The time and date will be scrupulously observed. The CRA shall not be responsible for late deliveries or delayed mail. The time/date stamp located on-site shall serve as the official authority to determine lateness of any RFP submittal. The CRA cautions Proposers to assure actual delivery of mailed or hand-delivered RFP submittals prior to the deadline set for receiving RFP submittals. Telephone confirmation of timely receipt of the RFP submittal may be made by calling (561) 600-9092, before the 3:00 p.m. deadline. Proposers should submit one (1) original so designated, and a minimum of five (5) copies and (1) digital copy in PDF format or thumb drive of the response shall be submitted in one sealed package clearly marked on the outside RFP: “REQUEST FOR PROPOSAL, EXECUTIVE DIRECTOR SERVICES,” and addressed to: CRA Board, Boynton Beach CRA, 100 E. Ocean Avenue, 4th Floor, Boynton Beach, FL 33435. All supporting documentation as required in this Request for Proposal shall also be included. The Proposer may submit the RFP submittal in person or by mail. It is the responsibility of the Proposer to verify that the RFP submission is received by the CRA by the deadline date and time. DELAYS: The CRA, at its sole discretion, may delay the scheduled due dates indicated above if it is to the advantage of the CRA to do so. The CRA will notify Proposers of all change s in scheduled due dates by posting the notification in the form of addenda via e-mail and website. 1177 4 4931-4527-3177, v. 2 PROPOSAL WITHDRAWALS: Proposers may withdraw their RFP submittals by notifying the CRA in writing at any time prior to the time set for the RFP deadline. Proposers may withdraw their RFP submittals in person or through an authorized representative. Proposers and authorized representatives must disclose their identity and provide a signed receipt for the RFP submittal. RFP submittals, once opened, become the property of the CRA and will not be returned to the Proposers. No additional information may be submitted, or follow-up made, by any Proposer after the stated due date, outside of a formal presentation to the CRA Board, if requested by the CRA, and unless requested by the CRA. At the time of opening and immediate review of the RFP submittals, the CRA reserves the right to request all required forms/attachments that may have not been submitted at the time of submittal. The respondent shall have twenty-four (24) hours to supply this information to the CRA for their RFP submittal to be considered valid. INQUIRIES / INTERPRETATIONS: All proposers shall carefully examine the RFP documents. Proposers may submit IN WRITING, questions to the CRA concerning the intent, meaning and interpretations of the RFP documents. All inquiries shall be directed to: Vicki Hill, Finance Department, via email to Hillv@bbfl.us. It is the responsibility of the Proposer to verify that the CRA has received the question(s) and to obtain all Addenda. Oral statements given before the Proposal Due Date will not be binding. ADDENDA: Should revisions to the RFP documents become necessary; the CRA shall post addenda information on the CRA website at www.boyntonbeachcra.com. All Proposers should check the CRA’s website at least forty-eight (48) hours before the date fixed to verify information regarding Addenda. Failure to do so could result in the rejection of the RFP submittal as unresponsive. Proposer shall sign, date and return all addenda with their RFP submittal. It is the sole responsibility of the Proposer to ensure he/she obtains information related to Addenda. CONE OF SILENCE: All prospective Proposers are hereby instructed not to contact any Board member of the Boynton Beach Community Redevelopment Agency, Boynton Beach City Commission, or Boynton Beach Community Redevelopment Agency staff members other than the noted contact person regarding this Request for Proposals (RFP) or their proposal at any time during the solicitation process. Any such contact shall be cause for rejection of your RFP submittal. SELECTION PROCESS AND AWARD: All RFP submittals will be evaluated by CRA Board in accordance with the criteria set forth in the RFP documents. The CRA Board may conduct interviews/presentations as part of the evaluation process. The CRA shall not be liable for any costs incurred by the Proposer in connection with such presentations. The CRA anticipates award to the highest ranked qualified firm as determined by the CRA Board. The Proposer(s) understands that this RFP does not constitute an agreement or a contract with the Proposer. The Board of the CRA reserves the right to reject all RFP submittals, to waive 1178 5 4931-4527-3177, v. 2 any formalities, and to solicit and re-advertise for new RFP submittals, or to abandon the project in its entirety. OFFER OF CONTRACT: Upon selection of the successful Proposer by the CRA Board, the CRA will extend to said Proposer an offer to enter into a contract. The terms and conditions of the Contract are subject to negotiation but shall not deviate from the required information as outlined in the RFP. Contracts will be awarded by the CRA to the best responsible proposer whose proposal represents the most advantageous proposal to the CRA. Evaluation of proposals will be made based upon the evaluation factors and standards heretofore set forth. PREPARATION COSTS: Neither the CRA nor its representatives shall be liable for any expenses incurred in connection with preparation of a response to this RFP. Proposers should prepare their RFP submittals simply and economically, providing a straightforward and concise description of the Proposer’s ability to meet the requirements of the RFP. ACCURACY OF RFP SUBMITTAL INFORMATION: Any Proposer that submits in his/her RFP submittal to the CRA any information which is determined to be substantially inaccurate, misleading, exaggerated, or incorrect, shall be disqualified from consideration. INSURANCE: Misrepresentation of any material fact, whether intentional or not, regarding the Proposer’s insurance coverage, policies or capabilities may be grounds for rejection of the RFP submittal and rescission of any ensuing contract. Copy of the insurance certificate shall be furnished to the CRA prior to final execution of the contract. LICENSES: Proposers, both corporate and individual, must be fully licensed and certified for the type of work to be performed in the State of Florida at the time of submittal of RFP. Should the Proposer not be fully licensed and certified, his/her RFP submittal shall be rejected. Any permits, licenses, or fees required shall be the responsibility of the Proposer. No separate or additional payment will be made for these costs. Adherence to all applicable code regulations, Federal, State, City, etc., are the responsibility of the Proposer. PUBLIC RECORDS: Pursuant to Section 119.071(1)(b)(2), Florida Statutes, upon recommendation of an award, or thirty (30) days after receiving the proposals, whichever is earlier, RFP submittals become “public records” and shall be subject to public disclosure with Chapter 119, Florida Statutes. Proposers must invoke any specific exemptions to disclosure provided by law in response to the RFP and must identify the data or other materials to be protected and must state the reasons why such exclusion from public disclosure is necessary. PROHIBITION AGAINST CONTINGENT FEES: The Proposer warrants that he/she has not employed or retained any company or person, other than a bona fide employee working solely for the Proposer, to solicit or secure this Agreement and that the Proposer has not paid, or agreed to pay, any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Proposer, any fee, commission, percentage, gift, or other consideration contingent upon, or resulting from, award or making of this Agreement. For the breach or violation of this provision, the CRA shall have the right to terminate this Agreement at its sole 1179 6 4931-4527-3177, v. 2 discretion, without liability, and to deduct from the Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. ACCEPTANCE / REJECTION: The CRA Board reserves the right to accept or reject any or all RFP submittals and to make the award to those Proposers, who in the opinion of the CRA will be in the best interest of and/or the most advantageous to the CRA. The CRA also reserves the right to reject the RFP submittal of any vendor who has previously failed in the proper performance of an award or to deliver on time contracts of a similar nature or who, in the CRA’s opinion, is not in a position to perform properly under this award. The CRA reserves the right to waive any irregularities, informalities, and technicalities and may at its discretion, request a re- procurement. In the event of a Court challenge to an award by any proposer, damages, if any, resulting from a Court award shall be limited to actual proposal preparation costs incurred by the challenging proposer. In no case will the award be made until all necessary investigations have been made into the responsibility of the proposer and the CRA is satisfied that the best responsible proposer is qualified to do the work and has the necessary organization, capital and equipment to carry out the required work within the time specified. ADDITIONAL TERMS AND CONDITIONS: No additional terms and conditions included with the RFP submittal shall be considered. Any and all such additional terms and conditions shall have no force and effect and are inapplicable to this bid if submitted either purposely through intent or design, or inadvertently appearing separately in transmittal letters, specifications, literature, price lists or warranties. It is understood and agreed that the general and/or any special conditions in these RFP Documents are the only conditions applicable to this RFP submittal and the Proposer's authorized signature on the Proposal Response Form attests to this. Exceptions to the terms and conditions will not be accepted. AFFIRMATION: By submission of an RFP submittal, Proposer affirms that his/her RFP submittal is made without prior understanding, agreement or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment or services, and is in all respects fair and without collusion or fraud. Proposer agrees to abide by all conditions of this Request for Proposal and the resulting contract. REJECTION OF PROPOSER: More than one RFP submittal from an individual, firm, partnership, corporation, or association under the same or different names shall not be considered. Reasonable grounds for believing that a Proposer is involved in more than one RFP submittal will be cause for rejection of all RFP submittals in which such Proposers are believed to be involved. Any or all RFP submittals will be rejected if there is reason to believe that collusion exists between Proposers. RFP submittals in which the prices obviously are unbalanced will be subject to rejection. CONFLICT OF INTEREST: All Proposers must disclose with their proposal the name of any officer, director, or Agent who is also an employee of the CRA. All Proposers must disclose the name of any CRA employee who owns, directly or indirectly, an interest of five percent (5%) or more in the Proposer's firm or any of its branches. 1180 7 4931-4527-3177, v. 2 GOVERNMENTAL RESTRICTIONS: In the event that any governmental restrictions are imposed which would necessitate alteration of the material quality, workmanship or performance of the items offered on this RFP prior to their delivery, it shall be the responsibility of the Proposer to notify the CRA at once, indicating in his/her letter the specific regulation which required an alteration, including any price adjustments occasioned thereby. The CRA reserves the right to accept such alteration or to cancel the contract at no further expense to the CRA. ADVERTISING: In submitting a proposal, Proposer agrees not to use the results as a part of any commercial advertising, without the express written approval, by the appropriate level of authority within the CRA. PRICE REDETERMINATION: The Consultant may petition CRA for price redetermination within forty-five (45) days of the expiration of each term of the contract. Any price redetermination will include all items awarded. If the CRA and the Consultant cannot agree on any price redetermination, then the contract will expire. TAXES: The CRA is exempt from Federal Excise and State Sales Taxes on direct purchases of tangible personal property. If requested, the CRA Finance Director will provide an exemption certificate to the awarded proposal(s). Vendors/Consultants doing business with the CRA shall not be exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the CRA nor shall any Vendor/Consultant be authorized to use the CRA's Tax Exemption Number in securing such materials. PERMITS / LICENSES / FEES: Any permits, licenses, or fees required for these services shall be paid for and obtained by the Consultant and the responsibility of the Consultant. No separate or additional payment will be made by the CRA. EEO STATEMENT: The CRA is committed to assuring equal opportunity in the award of contracts and therefore complies with all laws prohibiting discrimination on the basis of race, color, religion, national origin, age or sex. E-VERIFY: In any agreement resulting from this RFP/RFQ, the proposer will be required to warrant, for itself and its subcontractors, compliance with all federal immigration laws and regulations that relate to their employees. Proposer agrees and acknowledges that the BBCRA is a public employer that is subject to the E-Verify requirements as set forth in Section 448.095, Florida Statutes, and that the provisions of F.S. Sec. 448.095 will apply to such an agreement. 1181 8 4931-4527-3177, v. 2 PART II - SCOPE OF WORK The CRA was created under Florida Statute 163.356 in 1982 and has operated as a special district within the boundaries of the CRA in the City of Boynton Beach. The CRA serves an area of approximately 1,650 acres. On October 1, 2002, the CRA was given independent status by the City of Boynton Beach and is controlled by a CRA Board. The CRA Board also serves as Mayor and Commissioners of the City of Boynton Beach. The CRA is soliciting the services of a consulting firm to provide Executive Director Services to the CRA for a period of one (1) year with the option of (2) two additional one (1) year renewals. The CRA expects the Executive Director services to include an Executive Director position to serve as a full-time in-house consultant. The Executive Director position manages the day-to-day operations of the CRA. 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. A complete list of the Executive Director duties is attached as Appendix A. 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 CRA Districts through redevelopment, capital improvement, and branding. This position represents the CRA in dealing with and interfacing, communicating and resolving issues and problems with other agencies on a variety of related matters. The position reports to the Board of Directors of the CRA and is reviewed through conferences, reports, and discussions while projects are in progress and upon completion. The position is responsible for the supervision of up to eight (8) direct reports (i.e., Administrative Assistant, Assistant Director, Finance Director, Finance & Accounting Manager, Development Services Manager, Grants & Project Manager, Business Promotions & Events Manager, Social Media & Communications Specialist). This position requires the incumbent to work a standard 40-hour week, MONDAY – FRIDAY, 8:00 A.M. to 5:00 P.M., which requires flexibility to represent the CRA at meetings (e.g., Chamber of Commerce, City Advisory Boards, City Commission, HOA meetings, Community Meetings and other organizations) regarding CRA matters within the scope of the CRA activities. Working under pressure is unavoidable when schedules change and problems arise, but deadlines and goals must still be met. 1182 9 4931-4527-3177, v. 2 PART III - PROPOSAL REQUIREMENTS A. Submission of Proposals To be considered for this proposal, the following must be submitted. An original (so marked), five (5) copies and one (1) digital copy in PDF format or thumb drive are to be included with the proposal. 1. Title Page. Title page showing the request for proposal’s subject, the firm’s name, the name, address and telephone number of the contact person, and the date of the proposal. 2. Table of Contents. The table of contents of the proposal should include a clear and complete identification of the materials submitted by section and page number. 3. Transmittal Letter. A signed letter of transmittal briefly stating the proposer’s understanding of the work to be done, a statement why the firm believes it to be best qualified to perform the engagement and a statement that the proposal is a firm and irrevocable offer for ninety (90) days. 4. Detailed Technical Proposal – The detailed technical proposal should follow the order set forth in Part III.B of this RFP. Proposals must be submitted in a sealed envelope clearly marked with the name of the firm, “Request for Proposal, Executive Director Services.” B. Technical Proposal The purpose of the Technical Proposal is to demonstrate the qualifications, competence and capacity of the firms seeking to undertake the Scope of Work in conformity with the requirements of this request for proposals. As such, the substance of proposals will carry more weight than their form or manner of presentation. The Technical Proposal should include the following information 1. Letter of Interest The Letter of Interest shall summarize the Proposer’s primary qualifications and the firm’s commitment to providing the proposed services. Proposers shall provide a description of the firm, including size, range of activities, strength, stability, experience, honors, awards, recognitions, etc. Particular emphasis should be given as to how the Firm’s experience and expertise will be directly beneficial to the BBCRA. 2. Firm’s Qualifications Describe the Firm and provide a statement identifying the services that would be completed by your Firm’s staff and those that would be provided by sub-consultants, if any. In this section, it should clearly state the contact person, title, and contact information. Explain how your firm is financially capable of performing the functions of this Request for Qualifications (RFQ). 1183 10 4931-4527-3177, v. 2 3. Qualifications of Project Team, (key project members) and availability of specialty resources. Provide an overview of the qualifications of the specific project consultant team to be submitted by the Firm to perform the requested services including: a) An organizational chart that clearly defines the lines of authority and specifically lists the Client Service Manager, Consultant/Vendor Project Manager, and Primary Project Professional. One individual may perform more than one role. These project team members are hereafter referenced as “key project members”. b) Provide the names and roles of each professional to be assigned to this project, including familiarity with projects of a similar nature. c) Provide the resumes for key individuals and personnel that will be assigned to the project including Project Managers and office personnel outlining the relevant experience and education for this project. 4. Approach, Demonstrated Skill Set, Creativity, and Innovative Ideas that will be used to address the Scope of Work a) Narrative of Project and Understanding of the Project Issues: Provide a narrative demonstrating the Proposer's understanding of the scope of work/services, project goals, requirements, objectives, challenges, the project delivery method, and how the Proposer intends to ensure that the scope, budget, and schedule will be met. Consideration shall be given for creativity and innovation of the proposed approach and the comprehensive utilization of proposed personnel and equipment to meet deliverables. b) Cost Effectiveness of Proposed Solutions: Explain how the Proposer intends to meet the budgetary goals and timetables of the BBCRA. 5. References – Past Performance Provide at least three (3) references of agreements of similar scope and complexity that the Proposer has completed or are in progress within the last ten (10) years, which demonstrate the experience of the firm and the team that will be assigned to provide the services as required by this RFP. The BBCRA is interested in learning about other firms’ or government agencies’ experiences with your firm; as such, please do not list the Boynton Beach Community Redevelopment Agency as a reference. Contact persons must be informed that they are being used as a reference and that the BBCRA or their designee will be contacting them for information. Selection Committee Members or designee will email and or call each reference up to three (3) times. If there is no answer after the third attempt, the BBCRA will apply no points toward the evaluation criteria. 6. Price Proposal. 1184 11 4931-4527-3177, v. 2 In a separate sealed envelope, using the Price Proposal Form provided, submit your signed, firm, fixed fee performance-based price proposal for providing all services, materials, etc., required for completion of services in accordance with your technical proposal. PART IV - EVALUATION OF PROPOSALS 1. Evaluation Method and Criteria. All Proposals deemed responsive will be reviewed and evaluated by the CRA Board in accordance with the following procedure. 2. Evaluation Criteria: MAX. POINTS CATEGORY 15 Firm’s Qualifications 20 Qualifications of Project Team, (key project members) and availability of specialty resources 25 Approach, Demonstrated Skill Set, Creativity, and Innovative Ideas that will be used to address the Scope of Work 10 References of Past Performance 30 Price Proposals will be assigned a final score using the following formula: Final Score = Technical Proposal Score + Price Proposal Score Each member of the CRA Board will receive a copy of each Technical Proposal. The Price Proposal will be provided to the CRA Board after the Technical Proposal Score has been determined. 3. Review of Technical Proposals. The CRA Board will consider the factors and requirements included within this Request for Proposal in determining whether the standard of responsibility has been met by a prospective proposer. At the discretion of the CRA or the CRA Board, firms submitting proposals may be requested to make oral presentations as part of the evaluation process. Such presentations will provide firms with an opportunity to answer any questions the CRA Board may have on a firm’s proposal. Not all, or any, firms may be asked to make such oral presentations. 4. Price Proposal: The Price Proposal Score shall be calculated as follows: s = [1 – (b-a)] x 25 a Where: a = annual dollar cost amount of lowest Price Proposal b = annual dollar cost amount of Price Proposal to be rated s = Price Proposal score (rounded to the nearest 10th of a point) 1185 12 4931-4527-3177, v. 2 The basis for evaluation of the Price Proposals will be set at the annual dollar cost amount of the lowest priced Price Proposal, i.e. “a.” The lowest Price Proposal will receive the maximum score (25 points). All other Price Proposals will be compared to the lowest Compensation/Price Proposal, i.e., “b.” 5. Final Score and Ranking: After the Technical Qualifications Score is calculated, the Price Proposal scores will be calculated using the formula above. The Price Proposal score will then be added to the Technical Qualifications Score to determine the final score. The highest ranked Proposer will be the Proposer with the highest Final Score. 6. Final Selection. The CRA Board will select the highest-ranked qualified firm. Following the CRA Board selection of a firm and notification of the firm selected, it is expected a contract will be executed between both parties within thirty (30) days. 1186 13 4931-4527-3177, v. 2 APPENDIX A: JOB DESCRIPTION EXECUTIVE DIRECTOR 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. The position reports to the CRA Board. EXAMPLES OF ESSENTIAL DUTIES: The examples 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. Oversee the day-to-day agency operations. Provides oversight and management of Federal/State Grant programs designed to assist with redevelopment goals within the BBCRA area. Provides comprehensive knowledge of redevelopment programs and their financing. Develops potential incentive packages, provides market assessments/impacts, and monitors development trends. Writes developer requests for proposals for the purpose of disposing of BBCRA land for redevelopment. Evaluates and drafts recommended updates and amendments to the BBCRA Plan. 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. Make 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. 1187 14 4931-4527-3177, v. 2 Oversee 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 meetings 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. Oversee hiring of BBCRA employees, consultants, and experts as provided for in the annual budget Supervises BBCRA employees, consultants, and special projects. Other duties as assigned. KNOWLEDGE, SKILLS AND ABILITIES: Knowledge of public and private financing and various debt financing mechanisms. Knowledge of professional services contracting, bidding procedures, and contract administration. Knowledge of the principles of budget administration and financial forecasting. Knowledge of business correspondence and report writing. Knowledge of the basic functions of Community Redevelopment Agencies. Knowledge and experience with Public-Private Partnership developer negotiations and agreements. Knowledge of the principles, techniques and objectives of a Community Development Block Grant program and HUD housing programs. 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. 1188 15 4931-4527-3177, v. 2 Ability to take the initiative to complete the duties of the position without the need of direct supervision. Ability to establish and maintain effective working relationships. Ability to serve the public and fellow employees with honesty and integrity in full accord with the letter and spirit of all City ethics and conflicts of interest policies. A strong understanding of ethical behavior is required. Ability to establish and maintain effective working relationships with the general public, co-workers, City officials and members of diverse cultural and linguistic backgrounds regardless of race, religion, age, sex, disability or political affiliation. Ability to maintain regular and punctual attendance. MINIMUM QUALIFICATIONS: Bachelor’s degree from an accredited college or university with a major in business, urban planning, finance, construction management or related field and/or have a minimum of five (5) years’ experience in the public/private sector in a progressive city in real estate development, planning, project management, economic development and/or any equivalent combination of training and experience. Master’s degree preferred. Affiliations or membership with trade associations exemplifying additional education is a plus, such as Florida Planning Association, Urban Land Institute, Florida Redevelopment Association, International Council of Shopping Centers, NAIOP, IEDC, or other related associations. Professional certifications are a plus. A comparable amount of training and experience may be substituted for the minimum qualifications. PHYSICAL REQUIREMENTS: 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 objects and controls. Physical capability to effectively use and operate various items of office related equipment, such as, but not limited to, 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. 1189 16 4931-4527-3177, v. 2 APPENDIX B: REQUIRED SUPPLEMENTAL FORMS 1. Price Proposal Form and Addenda Acknowledgment 2. Proposer’s Acknowledgment 3. Non-Collusion Affidavit Form 4. Anti-Kickback Affidavit 5. Drug-Free Workplace 6. Sworn Statement on Public Entity Crimes 7. Hold Harmless and Indemnity Agreement 8. Palm Beach County Inspector General Acknowledgment 9. Anti-Human Trafficking Affidavit 10. Certification of Non-Scrutinized Company Other Forms 11. Insurance Requirements 12. Draft Agreement 1190 17 4931-4527-3177, v. 2 FORM #1 PRICE PROPOSAL FORM 1. Proposal Amount The following lump sum amounts include all labor, travel, equipment, materials, and any other costs necessary to complete the full Scope of Work as described in the Request for Proposals: Contract Year Lump Sum Proposal Amount Year 1 $_________________________________ Year 2 (Option) $_________________________________ Year 3 (Option) $_________________________________ Total for all three years $_________________________________ 2. Hourly Rates for Additional Services In the event the CRA requests services beyond the defined Scope of Work, the Proposer shall provide hourly billing rates by employee classification/title. These rates shall include all labor, overhead, travel, and incidental costs. The Proposer shall attach a separate page listing the titles and corresponding hourly rates for any personnel who may perform such additional services. These rates will remain valid for the term of the agreement and any approved renewals, unless otherwise negotiated and approved in writing by the CRA. Example format (to be included as a separate attachment): Employee Title Hourly Rate Executive Director $_______ Other (specify): ____________ $_______ 2. Proposal Certification The Proposer agrees to abide by all conditions of this solicitation and that the Bid is in compliance with all requirements of the Request for Proposal, including, but not limited to, certification requirements. The Proposer further declares that it has examined the solicitation documents and all addenda thereto elsewhere; and that it has satisfied itself about the work to be performed and all other required information with this RFP. The Proposer agrees, if this Proposal is accepted, to contract with the CRA to furnish all necessary labor, materials, equipment, tools, apparatus, and all other items necessary to complete the work covered by this Proposal, for the amount proposed and within the time limits specified. 1191 18 4931-4527-3177, v. 2 The person signing this form is authorized to sign this Proposal on behalf of the Proposer. Proposer’s Name: ______________________________________________________________ Signature: _________________________________ Title: _____________________________ 3. Addenda Provide signature and date for each Addenda received. 1. 2. 3. 4. 5. 6. THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR SUBMITTAL 1192 19 4931-4527-3177, v. 2 FORM #2 PROPOSER’S ACKNOWLEDGEMENT Submit Proposals To: CRA Board The Boynton Beach Community Redevelopment Agency 100 East Ocean Avenue, 4th Floor Boynton Beach, Florida 33435 Telephone: (561) 600-9092 Issue Date: August 11, 2025 RFP Title: REQUEST FOR PROPOSALS FOR EXECUTIVE DIRECTOR SERVICES RFP Received By: September 15, 2025, NO LATER THAN 3:00 P.M. (LOCAL TIME) RFP may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this RFP shall conform to applicable sections of the charter and codes of the CRA. Name of Vendor: Federal I.D. Number: A Corporation of the State of: Area Code: Telephone Number: Area Code: FAX Number: Mailing Address: City/State/Zip: Provide the name of any officer, director, or agent of the firm who is also a public employee. _______________________________________________. Provide the name of any public employee who owns, directly or indirectly, an interest of five percent (5%) or more in the Proposer’s firm or any of its branches. _____________________________________________________________________________ ______________________________________________ Signature:_______________________ Print name: ___________________ Title: __________ THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR SUBMITTAL 1193 20 4931-4527-3177, v. 2 FORM #3 NON-COLLUSION AFFIDAVIT FORM STATE OF COUNTY OF _________________________________________, being first duly sworn deposes and says that: 1. He/She is the _____, of_______________, the Proposer that has submitted the attached Proposal; 2. He/She is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; 3. Such Proposal is genuine and is not a collusive or sham Proposal; 4. Neither the said Proposer nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affidavit, have in any way, colluded, conspired, connived or agreed, directly or indirectly, with any other Proposer, firm or person to submit a collusive or sham Proposal in connection with the Contract for which the attached Proposal has been submitted; or to refrain from bidding in connection with such Contract; or have in any manner, directly or indirectly, sought by agreement or collusion,, or communication, or conference with any Proposer, firm, or person to fix the price or prices in the attached Proposal or of any other Proposer, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Proposer, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Contract; 5. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Proposer or any other of its agents, representatives, owners, employees or parties in interest, including this affidavit. By _____________________________ Sworn and subscribed to before me this _____ day of ____________________, 20____, in the State of _____________________, County of ___________________. Personally known to me or produced identification_______________. Notary Public________________________________ My Commission Expires:___________________ THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR SUBMITTAL 1194 21 4931-4527-3177, v. 2 FORM #4 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) : SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein proposed will be paid to any employees of the CRA as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: NAME - SIGNATURE Sworn and subscribed before me this day of , 20 Printed Information: NAME TITLE NOTARY PUBLIC, State of Florida at Large COMPANY “OFFICIAL NOTARY SEAL” STAMP THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR SUBMITTAL 1195 22 4931-4527-3177, v. 2 FORM #5 DRUG-FREE WORK PLACE FORM The undersigned Proposer in accordance with Florida Statute 287.087, hereby certifies that __________________________________ (Name of Business) does: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are proposed a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. _______________________________________________________ Signature _______________________________________________________ Print Name and Title THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR SUBMITTAL 1196 23 4931-4527-3177, v. 2 FORM #6 SWORN STATEMENT UNDER SECTION 287.133(3)(A), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted to the Boynton Beach Community Redevelopment Agency by ______________________________________________________ (Individual’s name and title) For ______________________________________________________________________________ (Name of entity submitting sworn statement) Whose business address is_________________________________________________________ And (if applicable) its Federal Employer Identification Number (FEIN) is ___________________ (if the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement) 1. I understand that a “public entity crime” as defined in Section 287.133(1)(g), Florida Statutes, means a violation of any State or Federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or a of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 2. I understand that “convicted” or “conviction” as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crimes, with or without an adjudication of guilt, in any Federal or State trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 3. I understand that an “affiliate’ as defined in Section 287.133(1)(a), Florida Statutes, means: A predecessor or successor of a person convicted of a public entity crime: or an entity under the control of any natural person who is active in the management of the entity and how has been convicted of a public entity crime. The term “affiliate” includes those 1197 24 4931-4527-3177, v. 2 officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one (1) person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm’s length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding thirty-six (36) months shall be considered an affiliate. 4. I understand that a “person” as defined in Section 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term “person” includes those officers, directors, executives, partners, shareholders employees, members, and agents who are active in management of an entity. 5. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (You must indicate which statement applies.) __________ Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agent who is active in management of the entity, nor the affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. __________ The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity, has been charged with and convicted of a public entity crime subsequent to July 1, 1989. __________ The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity, has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before an Administrative Law Jury of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Administrative Law Jury determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (You must attach a copy of the final order). 1198 25 4931-4527-3177, v. 2 I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY IS FOR THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PRIOR TO ENTERING IN TO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. ____________________________________________________________ SIGNATURE ____________________________________________________________ DATE State of ________________________________ County of ______________________________ Personally appeared before me, the undersigned authority, _______________________________________(name of individual signing) who, after first being sworn by me, affixed his/her signature in the space provided above on the ____ day of ___________________, 20 ___. ____________________________________________________________ NOTARY PUBLIC My commission expires: THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR SUBMITTAL 1199 26 4931-4527-3177, v. 2 FORM #7 PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT The Consultant is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and in furtherance thereof may demand and obtain records and testimony from the Consultant and its subcontractors and lower tier subcontractors. The Consultant understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Consultant or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the CRA to be a material breach of this contract justifying its termination. ______________________________ CONSULTANT NAME By (Signature)____________________________ Print Name_______________________________ Title:____________________________________ Date:____________________________________ THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR SUBMITTAL 1200 27 4931-4527-3177, v. 2 FORM #8 CERTIFICATION OF NON-SCRUTINIZED COMPANY _____________________________, on behalf of ___________________________ (Firm) hereby certifies that the firm 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 Firm 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. ___________________________ Proposer Name By: ____________________________ Authorized Representative Title:_____________________ Date: __________________________ STATE OF ______________________________ COUNTY OF ____________________________ SWORN TO and subscribed before me this ______ day of ________________________, 20______, by _______________________________________. Such person (Notary Public must check applicable box): [ ] is personally known to me [ ] produced their current driver license [ ] produced _____________________________________________ as identification. (NOTARY PUBLIC SEAL) Notary Public (Printed, Typed or Stamped Name of Notary Public) 1201 28 4931-4527-3177, v. 2 FORM #9 ANTI-HUMAN TRAFFICKING AFFIDAVIT I ________________________________________ (insert name) as _______________________ (insert title) on behalf of _________________________________________________________ (insert entity name) under penalty of perjury hereby attest as follows: 1. I am over 18 years of age and have personal knowledge of the matters set forth in this affidavit. 2. _________________________________ (insert entity name) does not use coercion for labor or services as defined in s. 787.06(2)(a), Florida Statutes. 3. More particularly, __________________________________ (insert entity name) does not engage in any of the following actions in connection with providing labor or services: a. Using or threatening to use physical force against any person; b. Restraining, isolating or confining or threatening to restrain, isolate or confine any person without lawful authority and against her or his will; c. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debtor the length and nature of the labor or services are not respectively limited and defined; d. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person; 4868-8569- 4167, v. 1 e. Causing or threatening to cause financial harm to any person; f. Enticing or luring any person by fraud or deceit; or g. Providing a controlled substance as outlined in Schedule I or Schedule II of s. 893.03, Florida Statutes to any person for the purpose of exploitation of that person. 1202 29 4931-4527-3177, v. 2 FURTHER AFFIANT SAYETH NAUGHT By: Print name: Title: Date: STATE OF ) COUNTY OF ) The foregoing instrument was acknowledged before me by means of___ physical presence or ___ online notarization, this day of , 20__ on behalf of by its. He/she is personally known to me or has produced _______________________________ as identification and did ( ) did not ( ) take an oath. [Seal] NOTARY PUBLIC THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR SUBMITTAL 1203 30 4931-4527-3177, v. 2 FORM #11 INSURANCE REQUIREMENTS I. General Liability The Firm agrees to provide comprehensive General Liability Insurance for the benefit of the CRA with combined single limits of $1,000,000 per occurrence, for Bodily Injury and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy, without restrictive endorsements, as follows and shall include: Premises or Operation; Independent Contractors; Broad Form Property Damage; Broad Form Contractual Coverage applicable to this specific Agreement, including any hold harmless or indemnification agreement; and Personal Injury Coverage with Employee and Contractual Exclusions removed with minimum limits of coverage equal to those required for Bodily Injury liability and Property Damage Liability. The CRA and the City of Boynton Beach are to be included as “Additional Insured” with respect to liability arising out of services performed for the Consultant by or on behalf of the CRA or acts or omissions of the Consultant Firm in connection with such services. II. Professional Liability The Firm agrees to provide professional liability insurance for the benefit of the CRA with combined single limits of $1,000,000 per claim and which insures against errors and omissions by the Firm, its subcontractors and other professionals. III. Worker’s Compensation The Firm agrees to provide Worker’s Compensation and Employer’s Liability Insurance for the benefit of the Consultant Firm’s employees, if required by law. V. Automobile Liability The FIRM agrees to provide automobile liability insurance covering all owned, hired and non- owned automobile equipment. 1204 31 4931-4527-3177, v. 2 Limits: Bodily Injury - $100,000 each person $300,000 each occurrence Property Damage - $ 50,000 each occurrence VI. Certificates of Insurance Before commencing performance of this contract, the Consultant FIRM shall furnish the CRA with a duplicate Certificate of Insurance for the required insurance as specified above, which shall contain the following: A) Name of insurance carrier(s). B) Effective and expiration dates of policies. C) Thirty (30) days written notice by carrier of any cancellation or material change in any policy. D) Certificates of Insurance stating that the interests of the CRA are included as an additional named insured and specifying the Project. Such insurance shall apply despite any insurance which the CRA may carry in its own name. VII. Subcontractor Insurance The FIRM is advised to require all of its subcontractors to provide the aforementioned coverage as well as any other overages that the FIRM may consider necessary, and any deficiency in the overages or policy limits of any subcontractors will be the sole responsibility of the FIRM. 1205 32 4931-4527-3177, v. 2 FORM #12 SAMPLE AGREEMENT Below is the standard agreement format for this Request for Proposals. This is a sample agreement only and is subject to revisions. PLEASE DO NOT COMPLETE. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement (hereinafter “Agreement”) is made by and between _______________________________________ (hereinafter the “Consultant”) and the Boynton Beach Community Redevelopment Agency, located at 100 East Ocean Avenue, 4th Floor, Boynton Beach, Florida 33435 (hereinafter the “CRA”) (collectively the “Parties”). WHEREAS, the CRA desires to hire a Consultant to provide Executive Director Services pursuant to the CRA Request for Proposals for Executive Director Services (“Services”); and WHEREAS, the Consultant has the knowledge, ability, and equipment to provide the Services; and WHEREAS, the CRA wishes to enter into this Professional Services Agreement with the Consultant for a proper purpose in furtherance of the CRA Redevelopment Plan; NOW THEREFORE, in consideration of the mutual covenants and promises set forth herein, the sufficiency of which both Parties acknowledge, the Parties agree as follows: 1) Incorporation. The recitals above and all other information above are hereby incorporated herein as if fully set forth. 2) Description of the Services: The Consultant shall perform those services in compliance with the Scope of Services attached hereto as Exhibit A, and as further identified in the specifications accompanying the CRA Request for Proposals for Executive Director Services which are incorporated herein by reference as though fully set forth herein. 3) Term. This Agreement is in full force and effect upon full execution by the CRA. The Initial term of the Agreement shall be for one (1) year commencing on the date the Agreement is signed by the CRA, with two one-year options to renew. 4) Compensation. The CRA shall pay to the Consultant, in compliance with the Pricing Schedule attached hereto and incorporated herein as Exhibit B, according to the terms and specifications described in the CRA Request for Proposals for Executive Director Services. 5) Independent Contractor. The Consultant agrees nothing contained in this Agreement shall be deemed or construed as creating an employee relationship, a partnership, or joint venture between the Consultant and the CRA. It is specifically understood that the Consultant is an Independent Contractor and that no employer/employee or principal/agent is or shall be created nor shall exist by reason of this Agreement or the performance of Services described herein. 1206 33 4931-4527-3177, v. 2 6) Standard of Care. Consultant shall perform the professional services under this Agreement at the level customary for competent and prudent professionals performing such services at the time and place where the services are provided. These services will be provided by CONSULTANT’s professionals and individuals skilled in other technical disciplines, as appropriate. 7) Non-exclusivity. The CRA reserves the right as deemed in its best interest to perform, or cause to be performed, the Services, or any portion thereof, herein described in any manner it sees fit, including but not limited to, award of other contracts, use of any contractor, or perform the work with its own employees. 8) Substitution of Personnel. In the event the Consultant wishes to substitute personnel, the Consultant shall propose personnel of equal or higher qualifications, and all replacement personnel are subject to the CRA’s approval. In the event the substitute personnel are not satisfactory to the CRA, and the matter cannot be resolved to the satisfaction of the CRA, the CRA reserves the right to cancel the contract for cause. 9) Termination. The CRA or the Consultant may terminate this Agreement at any time by providing thirty days written notice to the other party. The CRA or the Consultant may terminate this Agreement without notice in the event of a default by the other party as provided in Paragraph 7 of this Agreement. In the event either party terminates this Agreement pursuant to this paragraph, Consultant shall be compensated on a pro-rata basis for work completed prior to the termination unless otherwise provided by this Agreement. 10) Default. The failure of the Consultant to comply with the provisions set forth in this Agreement shall constitute a default and breach of this Agreement. If the Consultant fails to cure the default within seven (7) days of written notice from the CRA, the CRA may terminate this Agreement immediately as provided in Paragraph 6. 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 Consultant’s breach or default. 11) Insurance. CONSULTANT will maintain insurance as set forth in the Insurance Requirements section of the RFP during the term of the Agreement: Consultant must provide a certificate of insurance showing these coverage amounts and including the Boynton Beach CRA as an additional insured under these policies. 12) Indemnification. The Consultant shall indemnify, save, and hold harmless the CRA, its agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed, or recovered against or from the CRA, its agents, or its employees, by reason of any property damages or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to the negligent or wrongful conduct or the faulty equipment (including equipment installation and removal) of the Consultant. 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 Consultant 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. 1207 34 4931-4527-3177, v. 2 13) No Transfer. The Consultant 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) No Discrimination. The Consultant shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability for any reason in association with this Agreement or the performance of the Services described herein. 15) CRA to Own Materials. The Consultant agrees that the CRA shall be the owner of all materials, social media accounts, emails, and other correspondence created by the Consultant on behalf of the CRA as part of its performance of the Services. Any and all documents, files, reports, programs, developments and innovations, whether written or electronic, which are developed, maintained, utilized or conceived by Consultant during the term of this Agreement and in the course of the performance of Services hereunder shall be the exclusive property of the CRA; and Consultant hereby assigns all right, title and interest in same to the CRA. 16) No Infringement. The Consultant represents that in performing the Services under this Agreement, the Consultant 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 Consultant or appearance as part of the Services is an infringement on the property right, copyright, patent right, or other rights, the Consultant will indemnify the CRA against any and all loss, damages, costs, attorney fees or other loss whatsoever. The Consultant shall not use the CRA’s logos, or marks without the CRA’s prior written approval. 17) Incorporation by Reference. 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 CRA Request for Proposals for Executive Director Services. c. Consultant’s response to CRA Request for Proposals for Executive Director Services and any subsequent information submitted by Consultant during the evaluation and negotiation process. 18) 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. 1208 35 4931-4527-3177, v. 2 19) 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. 20) 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. 21) Attorney’s Fees. It is hereby understood and agreed that in the event any lawsuit in the judicial system, federal or state, is brought to enforce compliance with this contract or interpret same, or if any administrative proceeding is brought for the same purposes, each party shall pay their own attorney’s fees and costs, including appellate fees and costs. 22) 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. 23) 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. 24) Voluntary Waiver of Provisions. The CRA may, in its sole and absolute discretion, waive any requirement of the Consultant contained in this Agreement. 25) Public Records. The CRA is a public agency subject to Chapter 119, Florida Statutes. The Consultant acknowledges and agrees that CRA may disclose any document in connection with performance of the Services or this Agreement, so long as the document is not exempt or confidential and exempt from public records requirements. The Consultant shall comply with Florida’s Public Records Law. Specifically, the Consultant shall: a. Keep and maintain public records required by the CRA to perform the 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. 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 Consultant 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 Consultant or keep and maintain public records required by the CRA to perform the service. If the Consultant transfers all public records to the CRA upon completion of the contract, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from 1209 36 4931-4527-3177, v. 2 public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the contract, the Consultant 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 CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT’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 BoyntonBeachCRA@bbfl.us. 26) Compliance with Laws. In the performance of the Services under this Agreement, the Consultant 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. 27) Anti-Human Trafficking Affidavit. Prior to the execution of any agreement or contract arising out of this RFP, or any renewal and/or extension thereto, the selected Consultant shall attest under penalty of perjury, that the Consultant does not use coercion for labor or services as defined in Section 787.06(2), Florida Statutes. Attestations shall be documented using a Human Trafficking Affidavit as provided by the CRA. 28) E-Verify. The Consultant warrants compliance with all federal immigration laws and regulations that relate to their employees and subcontractors. The Consultant 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 the provisions of Section 8, “Termination,” if the CRA has a good faith belief that the selected Consultant has knowingly hired, recruited or referred an alien for employment under this Contract who is not duly authorized to work by the immigration laws or the Attorney General of the United States, the CRA shall terminate this Contract. If the CRA has a good faith belief that a subcontractor knowingly hired, recruited or referred an alien for employment under this Contract who is not duly authorized to work by the immigration laws or the Attorney General of the United States, the CRA shall promptly notify the Consultant and order the Consultant to immediately terminate its contract with the subcontractor. The Consultant shall be liable for any additional costs incurred by the CRA as a result of the termination of this Contract based on the Consultant’s failure to comply with E-verify requirements referenced herein. 29) Effective Date. This Agreement will become effective at the date and time that the last party signs this Agreement. 30) Survival. The provisions of this Agreement regarding the content of materials created by Consultant for the CRA, promotional rights, infringement, indemnity, waiver, and termination shall survive the expiration or termination of this Agreement and remain in full force and effect. 1210 37 4931-4527-3177, v. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year written below. BOYNTON BEACH COMMUNITY NAME OF CONSULTANT REDEVELOPMENT AGENCY ________________________________ _______________________________ By: Chair By: ___________________, Partner Boynton Beach CRA Board Approved as to Form: ______________________ Office of the CRA Attorney 1211 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: August 12, 2025 NEW BUSINESS AGENDA ITEM 15.B SUBJECT: Discussion and Consideration of Marina Lease Agreements for Fiscal Years 2025-2027 SUMMARY: The CRA's Boynton Harbor Marina dockage lease agreements and slip lease rates are approved by the CRA Board every two years. The CRA Board last approved the slip dockage lease agreements and slip lease rates on August 8, 2023 (Attachment I). CRA staff has updated these documents for FY 2025-2027 (see Attachments II - IV): The following is a breakdown of the CRA Board approved slip lease rates since 2012: 2023-2025 $20 per linear foot 2021-2023 $19.50 (2021-22) & $20.00 (2022-23) per linear foot 2019-2021 $19 per linear foot 2017-2019 $19 per linear foot 2016-2017 $18 per linear foot 2012-2016 $16 per linear foot Transient/traveling vessel dockage rental fee was increased in 2023 from $2.50 per linear foot to $3.00 per linear foot. The current rate is still in line with other transient/traveling vessel dockage fees in the area. However, raising the transient vessel dockage fee is at the discretion of the Board. Slip rate data from comparable municipal marinas is provided for the Board's review (see Attachment V). The most comparable marinas are Riviera Beach at $43.00 per linear foot & Lake Park Marina at $34.50 per linear foot. The Board has sole discretion to increase rents as it sees necessary (i.e., increase every two years or increase annually) in order to keep up with operating and maintenance costs of the marina. In 2019, the CRA Board approved the following fuel discount rates for the slip lease tenants which remain in effect: Gas cash discount decrease from 20 cents to 15 cents per gallon Gas credit card discount would remain the same at 10 cents per gallon 1212 •Attachment I - 08-08-2023 Minutes RE Marine Lease Agreements for FY 2023-2025 •Attachment II - 01 FY25-27 Marina Lease - REDLINED (LLW Edits 7-24-25) •Attachment III - 02 FY25-27 Marina Lease for Multiple Vessels - REDLINED •Attachment IV - 05 FY 25-27 Transient Dockage Agreement - REDLINED (LLW Edits 6-30-25) •Attachment V - 2025 Marina Comp Analysis Diesel cash discount decrease from 30 cents to 20 cents per gallon Diesel credit card discount decrease from 20 cents to 15 cents per gallon FISCAL IMPACT: Project Fund Line Item 01-51630 - FY 2025-2027 to be determined by CRA Board FY 2023-2024 $20.00 per linear foot total annual rent collected (from October 2023- September 2024) was $159,136.00 FY 2024-2025 $20.00 per linear foot rent collected (October 2024-July 2025) is $135,676.00 CRA PLAN/PROJECT/PROGRAM: 2016 Updated CRA Redevelopment Plan - Marina CRA BOARD OPTIONS: To be determined based on Board direction. ATTACHMENTS: Description 1213 1214 1215 1216 01539510-1 Page 1 of 18 4903-2242-6194, v. 3 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY “BOYNTON HARBOR MARINA” DOCKAGE LEASE AGREEMENT FY 2025 - 2027 This Lease Agreement (“Lease”) is entered into between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, ("LESSOR") and ________________________________ the undersigned boat and/or owner, (“LESSEE”). __________________________________________, hereinafter referred to as “Dockmaster” performs any and all duties of marina management on behalf of the LESSOR., including termination of leases. (Print all information. All blank spaces must be completed.) LESSEE’S Name _____________________ BUSINESS NAME _________________________ LESSEE’S Address _____________________________________________________________ City _____________________________________ State ________________ Zip ___________ Phone No._________________________ Alternate Phone No._________________________ Vessel Registration No.___________________ Vessel Name: ___________________________ (hereinafter “Vessel”). Make _________________________ Year _______________ O.A. Length _________ Beam _________ Draft __________ *The length of any vessel shall be measured from the end of pulpit to the end of the dive platform. Tenant vessels shall be measured twice annually. Power _______ Sail ______ Electricity: _____110 _____220 Existing Lessee ____ Yes ____ No Slip No. _____ Lease Rate: $__________ per foot from October 1, 2025 until September 30, 2027 1217 01539510-1 Page 2 of 18 4903-2242-6194, v. 3 1. Term. The term of this Dockage Lease shall be from October 1, 2025 until September 30, 2027. There is no option to renew and any additional term of lease shall be evidenced by a new Lease. 2. Rent. From the time period of October 1, 2025 through September 30, 2027 the rental shall be the sum of $___________________ per month based on the lease rate of ______________ dollars and 00/100 ($____________) per vessel linear foot plus 7% sales tax in the amount of $_________________, for a total of $________________ per month. Rent for the first month shall be prorated if Lease is executed after the 1st of the month. Each subsequent rent payment shall be due on the first day of the month and past due on the tenth day of the month. Timely payment of rent is a material provision of this Lease and the late payment of rent constitutes grounds for termination of this Lease by LESSOR regardless of whether delinquent rent is accepted. LESSEE understands that LESSOR may accept late payment of rent without waiving LESSOR’s right to declare a breach of Lease and terminate this Lease. 3. Security Deposit. At the time of execution of this Lease, LESSEE shall pay LESSOR an amount equal to $________________. This payment (the “Security Deposit”) shall be made by cash, cashier’s check, or money order. The Security Deposit may not be paid by personal check. The Security Deposit is separate from payment of rent and utilities, and LESSEE may not use the Security Deposit to pay the last month’s, or any month’s, rent or other charges in arrears. LESSOR is not obligated to apply the Security Deposit on rents or other charges in arrears, or on other damage caused by LESSEE’s failure to perform under this Lease, but LESSOR may choose to do so at LESSOR’s option. If LESSOR repossesses the slip because of LESSEE’s default or breach, LESSOR may, but is not required to, apply the deposit on all damages suffered as a result of the default or breach, regardless of whether the damages occurred before, during, or after repossession. Upon expiration or termination of this Lease, LESSOR shall inspect the slip and related facilities for any damage caused by LESSEE or LESSEE’s use of the slip. If there is damage beyond normal wear and tear, LESSOR shall subtract the amount necessary to repair the damage from the Security Deposit and return the remainder of the Security Deposit to LESSEE within fourteen (14) days after LESSEE has vacated the slip. LESSOR shall not subtract any amount from the Security Deposit for normal wear and tear. LESSOR shall have sole discretion as to what constitutes normal wear and tear. Any interest generated on the Security Deposit shall accrue to LESSOR. LESSOR shall not be obligated to keep the Security Deposit as a separate fund but may mix it with LESSOR’s own funds. 4. Credit Report Authorization. By signing this Lease, LESSEE hereby authorizes the Boynton Beach Community Development Agency and/or its agent to obtain a copy of his/her credit report and/or scores for the purposes of assessing LESSEE’s current or ongoing eligibility for tenancy. LESSEE’s credit score will be considered when making 1218 01539510-1 Page 3 of 18 4903-2242-6194, v. 3 final application approval decisions and LESSEE may be required to post an additional security deposit as part of his/her approval. The consents provided are effective as of the date of this Lease and will be valid for as long as required to fulfill the purposes described herein. LESSEE will be responsible for a non-refundable application fee of one hundred dollars ($100.00). Make check payable to: Boynton Beach CRA. 5. Utilities. LESSOR agrees to provide electricity and water hookups at each slip. Any equipment/connecting devices necessary to provide the connection from the dock to the Vessel shall be the responsibility of the LESSEE but the type and manner of connection are subject to approval by the LESSOR. LESSEE is responsible for the payment of their monthly electrical and water (individually or collectively, “utility”) usage. The billing rate for utility consumption by the LESSEE shall be based on usage to the slip as determined by LESSOR and will be calculated based on the prevailing rate charged to the LESSOR by the utility provider. A utility statement will be hand delivered or mailed to the LESSEE on the 1st of each month and shall reflect the amount of utility usage for the previous month. Utility payments shall be considered additional rent under this Lease. LESSEE’s utility payments shall be due to LESSOR no later than the tenth day of the following month. 6. Late Payment. There shall be a late payment fee in an amount equal to 25% of the amount due each month on all rent or utility payments received after the past due date. There shall be an additional one hundred dollar ($100.00) late fee when the delinquent rent payment is not made in full, including the initial late fees, by the fifteenth day of the subsequent month. Each month for which LESSEE fails to pay all or a portion of rent or utility payments owed shall constitute a separate violation of this Lease and shall incur a separate late fee. Interest shall accrue on any unpaid amounts owed under this lease at the rate of 1.5% per month. 7. Lien. LESSOR shall have a lien against the Vessel, its appurtenances, and its contents for unpaid sums due for rent, use of dock facilities, utility usage, other services, or for damage to any docks or property of LESSOR or any other person at the docks caused or contributed to by the Vessel, LESSEE or any individual the LESSEE allows to use the Vessel. The lien shall be in addition to all other remedies available at law or in equity. 8. Only for Approved Vessel. This Lease is valid only for the Vessel and LESSEE, and is not transferable to another vessel or lessee without the written authorization and approval of the LESSOR. This Lease does not allow for the sub-leasing of the slip by the LESSEE under any circumstances. This Lease grants the LESSEE a revocable license to use the subject dock space and does not create any interest for LESSEE in the underlying bottom lands or real property connected with the LESSOR. 9. Absences from Slip. LESSEE is required to notify the Dockmaster in writing if the Vessel will be absent from the above referenced slip for longer than a thirty (30) day period. Slips left empty for longer than thirty (30) consecutive days, or for twenty (20) days in a forty-five (45) day period, without written notification to the LESSOR shall be considered vacated by the LESSEE and the lease will be terminated. 10. Termination for Cause. This Lease shall be in effect until the end of the term unless sooner terminated by reason of one or more of the following conditions or events: 1219 01539510-1 Page 4 of 18 4903-2242-6194, v. 3 a. By destruction of the dockage facilities by storm, Act of God, or other calamity. b. In the event LESSEE makes a bona fide sale of the boat or obtains a boat larger than can be safely berthed at the subject dockage. c. LESSEE terminates this Lease by providing thirty (30) day written notice to the LESSOR. LESSEE may terminate this Lease pursuant to this subsection only if all rents and fees are current and paid in full. d. By breach or default as provided below. e. Late payment of rent, including items deemed “additional rent,” or penalty charges. f. Failure to maintain and provide proof to LESSOR of insurance coverage as required in paragraph 19 below. g. Other reason as provided for in this Lease. All termination proceedings shall be conducted in accordance with Florida law. 11. Additional Procedures for Termination for Late Payment of Rent. If LESSOR terminates this Lease pursuant to Section 10.e. of this Lease, LESSEE shall immediately vacate the dock space leased hereunder upon three (3) days’ notice by LESSOR. Notice shall be considered given upon any of the following: (a) Mailing notice to LESSEE at the address provided above; or (b) Posting notice upon the Vessel. Should LESSEE fail to vacate within the three (3) days set forth herein, the Parties agree that LESSOR shall be entitled to an immediate judgment for eviction and possession of the subject dock space, upon filing of a verified complaint for eviction/possession with the Palm Beach County Court, in and for the Fifteenth Judicial Circuit. The Parties expressly agree that said action for eviction/possession shall proceed under Summary Procedure pursuant to Section 51.011, Fla. Stat. 12. Compliance with Rules and Regulations. LESSEE agrees to comply with all posted Rules and Regulations along with those attached hereto as “Exhibit A,” as amended from time to time in the LESSOR’s sole discretion, as fully as though they were set forth herein, and should breach of this Lease or violation of . LESSOR has the absolute right to immediately terminate this Agreement if the LESSEE, their guests, or agents violate any provision of the Marina’s Rules and Regulations Governing Dockage set forth and attached hereto occur,, as determined by LESSOR in LESSOR’s sole discretion. Upon discovery of a violation, the LESSOR shall provide written notice to the LESSEE detailing the nature of the violation. The LESSEE shall have give (5) calendar days from the date of notice to cure the violation, if curable. Notwithstanding the foregoing, if the violation is deemed by the LESSOR, in good faith, to be material, repeated, or a threat to safety, security, or marina operations, the LESSOR may immediately terminate this 1220 01539510-1 Page 5 of 18 4903-2242-6194, v. 3 Lease. LESSEE shall be notified of suchAgreement immediately without an opportunity to cure. 12. Upon termination and required to immediately , the LESSEE shall remove the Vessel at LESSEE’s expense. LESSOR may take vessel and all legal steps to remove the Vessel and otherpersonal property upon termination of the Leasefrom the marina within seventy-two (72) hours, unless otherwise agreed in writing. Failure to vacate the premises may result in removal of the vessel at the LESSEE’S expense and risk, and the LESSOR shall not be liable for any resulting loss or damage of any kind related to the removal. LESSOR may, in addition to or as an alternative to terminating the Lease, impose a penalty (including fines) on LESSEE for such violation, as provided for in the Rules and Regulations. If LESSOR determines, in its sole and absolute discretion, that the violation of the Rules and Regulations constitutes a danger to the health, safety, and welfare of LESSEE, other persons or property, or LESSOR or LESSOR’s property, LESSOR may also immediately take any steps it deems necessary to mitigate or alleviate such danger. Termination under this clause does not entitle the LESSEE to a refund of any prepaid dockage fees, except as otherwise required by law. 13. Required Trip Log Submittal. LESSEE will submit a completed copy of the appropriate log attached hereto as “Exhibit B” in accordance with the schedule below: • First Submittal shall be no later than January 5, 2026 for all trips that occurred October 1 to December 31, 2025 • Second Submittal shall be no later than April 5, 2026 for all trips that occurred January 1 to March 31, 2026 • Third Submittal shall be no later than July 5, 2026 for all trips that occurred April 1 to June 31, 2026 • Fourth Submittal shall be no later than October 5, 2026 for all trips that occurred July 1 to September 30, 2026 • Fifth Submittal shall be no later than January 5, 2027 for all trips that occurred October 1 to December 31, 2026 • Sixth Submittal shall be no later than April 5, 2027 for all trips that occurred January 1 to March 31, 2027 • Seventh Submittal shall be no later than July 5, 2027 for all trips that occurred April 1 to June 31, 2027 • Eighth Submittal shall be no later than October 5, 2027 for all trips that occurred July 1 to September 30, 2027 Failure to comply with this section shall be a default and breach of this Lease. If LESSEE fails to submit the trip log, LESSOR may, in addition to the other remedies provided for in this Lease, elect to discontinue LESSEE’s fuel discount and exclude LESSEE from LESSOR’s marketing collateral. 14. Voluntary Waiver. LESSOR may, in its sole and absolute discretion, waive any requirement of this Lease. Waiver of any conditions by LESSOR shall not be deemed to be a continuing waiver and shall not be considered a waiver of any other provision or condition of this Lease. Formatted: Indent: Left: 0.5", No bullets or numbering 1221 01539510-1 Page 6 of 18 4903-2242-6194, v. 3 15. Weather. In the event weather or tidal conditions exist during the term of this Lease that would either place the LESSEE’s Vessel in danger of incurring damage to itself or LESSEE’s Vessel causing damage to the LESSOR's property or other vessels within the dockage facilities, it shall be the LESSEE’s responsibility to remove the Vessel from the LESSOR's property and dockage facility, unless Lessee has an alternative severe weather plan that has been approved, in writing, by the Dockmaster (“Approved Weather Plan”). Notwithstanding the existence of an Approved Weather Plan, any damage caused by LESSEE’s Vessel to the LESSOR's property, dockage facilities, LESSEE’s Vessel or other vessels within the LESSOR's property and dockage facilities shall be the sole responsibility of the LESSEE. The LESSEE, by executing this Lease, expressly agrees that he/she shall be solely responsible for ascertaining when such threatening weather conditions may occur in order to allow adequate time for the LESSEE to remove the Vessel from the LESSOR's property and dockage facility as required above or secure the Vessel consistent with the Approved Weather Plan. The LESSEE expressly acknowledges that the LESSOR does not assume any obligation to contact the LESSEE with respect to impending weather conditions. NOTICE TO VESSEL OWNER The undersigned LESSOR hereby informs you that in the event you fail to remove your vessel from the marina promptly (within 24 hours) after the issuance of a tropical storm or hurricane watch for Palm Beach County or Boynton Beach, Florida, under Florida law, the undersigned or his or her employees or agents are authorized to remove your vessel, if reasonable, from its slip or take any and all other reasonable actions deemed appropriate by the undersigned or his or her employees or agents in order to better secure your vessel and to protect marina property, private property, and the environment. You are further notified that you may be charged a reasonable fee for any such action. Notwithstanding the foregoing, LESSEE shall be responsible for all damage caused by the Vessel to the LESSOR’s dockage facilities or other vessels regardless of ownership. The LESSOR expressly reserves the right, but not the responsibility, to establish minimum requirements for the kinds of cleats, ropes, fenders and other measures that must be used on vessels as a condition of the use of the dockage facilities. In the event the LESSOR establishes such minimum measures, it shall be the LESSEE’s obligation and liability to assure himself/herself that such minimum requirements are adequate to protect the LESSEE's Vessel from damage. 16. Telephone, Cable, etc. LESSOR represents and LESSEE understands that there is no telephone or cable television, provided to the dock or slip. Telephone service to the vessels must be by cellular phone at LESSEE’s expense. No private telephone systems or satellite dishes may be installed within the dockage facilities without the prior written consent of the Dockmaster or the LESSOR. 1222 01539510-1 Page 7 of 18 4903-2242-6194, v. 3 17. Reassignment. LESSEE acknowledges that each slip assignment is designated for the Term of this Agreement. Any requests by LESSEE to change or reassign the designated slip during the Term must be submitted in writing and subject to availability and the prior written approval of Dockmaster. If such reassignment is approved, LESSEE shall be responsible for a reassignment fee of $50.00 per occurrence. 17. LESSOR reserves the right to permanently reassign the LESSEE to a different slip in the event LESSOR deems it necessary, in its sole discretion, by providing LESSEE ten (10) days written notification of such intent. LESSOR, without incurring any fee or liability to LESSEE. LESSOR also reserves the right to temporarily reassign LESSEE to a different slip in the event LESSOR deems it necessary, in its sole discretion, for the purpose of health and safety concerns, maintenance, repairs, construction or any other reason LESSOR deems necessary without incurring any fee or liability to LESSEE. 18. No Additional Vessels Permitted. No other vessel may be placed in the water along with the Vessel without the prior written consent of LESSOR. Dinghies, rafts, wave runners or other small vessels may not be left in the slip overnight and must be stowed on the Vessel when not in use. 19. Caretaking and Security. This Lease is for the use of dock space only, and such space is to be used at the sole risk of LESSEE. LESSEE expressly acknowledges that LESSOR assumes no responsibility for the caretaking or security of LESSEE’s Vessel, (including any gear, equipment or contents associated with the Vessel) or for any loss or damage of whatever kind or nature to the boat, its contents, gear or equipment howsoever occasioned. LESSEE has the sole responsibility for the caretaking and security of and at the Vessel, including the responsibility to insure the Vessel in accordance with this Lease. Any independent or caretaker or mechanic working on the Vessel (other than LESSEE) must register with the Dockmaster and provide copies of the business license and proof of their business insurance policy. 20. Insurance. The LESSEE hereby agrees to maintain, insurance providing complete marine coverage for the LESSEE’s Vessel and public comprehensive liability insurance (Hull and Protection and Indemnity) with limits not less than $300,000.00 per occurrence for Non-Commercial Vessels and limits not less than $1,000,000.00 per occurrence for Commercial Vessels. The insurance must remain in force for so long as is necessary to cover any occurrence relating to, resulting from or arising out of this Lease or LESSEE’s dockage or tenancy at the Boynton Harbor Marina. LESSOR is to be included as “Additional Insured” with respect to liability arising out of LESSEE’s dockage or tenancy at the Boynton Harbor Marina, this Lease, or other acts or omissions of LESSEE in connection with this Lease. The LESSEE shall provide the LESSOR with a valid certificate of insurance as proof of such coverage at the time of executing the Lease and at each subsequent renewal. The Dockmaster and LESSOR reserve the right to request updated proof of LESSEE’s insurance coverage at any time during the term of this Lease. Additionally, LESSEE is required to provide evidence of a minimum ten (10) pound ABC fire extinguisher to be maintained on the Vessel at all times. 21. Default. The failure of LESSEE to comply with the provisions set forth in this Lease shall constitute a default and breach of this Lease. If LESSEE fails to cure the default Formatted: Indent: Left: 0.5", No bullets or numbering 1223 01539510-1 Page 8 of 18 4903-2242-6194, v. 3 within seven (7) days of notice from LESSOR, LESSOR may terminate this Lease. If LESSOR determines, in its sole and absolute discretion, that the default or breach constitutes a danger to the health, safety, and welfare of LESSEE, other persons or property, or LESSOR or LESSOR’s property, LESSOR may immediately terminate this Lease. 22. Indemnification. The LESSEE agrees to indemnify, save, and hold harmless LESSOR, its agents and its employees harmless for any and all liability, claim, demand, suit, loss, cost, expense, or damage, which may be asserted, claimed or recovered against or from LESSOR, its agents, and its employees by reason of any property damage 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 LESSEE’s negligent or wrongful conduct, faulty equipment (including equipment installation and removal), use of LESSOR's dockage facilities, or use of LESSOR’s property pursuant to this Lease, as well as from any and all acts or omissions of LESSEE, his/her crew, guests, invitees, or agents. The LESSEE’s obligation for such indemnification shall include all reasonable defense costs including attorney’s fees and attorney’s fees at the appellate level. This paragraph shall not be construed to require LESSEE to indemnify LESSOR for its own negligence, or intentional acts of LESSOR, 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. 23. Entire Agreement. This Lease 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 Lease and the terms of this Lease supersede all such other agreements. No extraneous information may be used to alter the terms of this Lease. 24. Modification. No change, amendment, modification or alteration of this Lease shall be binding upon either party unless it is in writing and signed by both parties except for changes to rules and regulations as deemed necessary and appropriate by the LESSOR. 25. Interpretation. If any action at law or in equity is necessary to enforce or interpret the terms of this Lease, the prevailing party shall be entitled to reasonable attorney fees, expenses, and costs of appeal and necessary disbursements in addition to any other relief to which it may be entitled. 26. Severability. If any part of this Lease shall be declared unlawful or invalid, the remainder of the Lease will continue to be binding upon the parties. In the event any of part of this Lease shall be held to be invalid, this Lease shall be interpreted as if such invalid part were not contained herein. 27. Independent Advice. The Parties declare that the terms of this Lease 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. 1224 01539510-1 Page 9 of 18 4903-2242-6194, v. 3 28. Agreement Deemed to be Drafted Jointly. This Lease 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 Lease fairly and reasonably in accordance with the purpose of this Lease. 29. Governing Law, Jurisdiction, and Venue. The terms and provisions of this Lease 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. 30. Counterparts and Transmission. To facilitate execution, this Lease 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. 31. Public Records. The Boynton Beach Community Redevelopment Agency is public agency subject to Chapter 119, Florida Statutes. The Lessee shall comply with Florida’s Public Records Law. Specifically, the Lessee shall: Keep and maintain public records that ordinarily and necessarily would be required by the CRA in order to perform the service; Provide the public with access to such public records on the same terms and conditions that the CRA would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and Meet all requirements for retaining public records and transfer to the CRA, at no cost, all public records in possession of the Lessee upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the CRA in a format that is compatible with the information technology systems of the agency. The failure of Lessee to comply with the provisions set forth in this agreement/contract shall constitute a Default and Breach of this Lease/Agreement. If Lessee fails to cure the default within seven (7) days’ notice from the CRA, the CRA may terminate the Lease/Agreement. 32. Non-Scrutinizing Company. Lessee 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 Lessee is placed Scrutinized 1225 01539510-1 Page 10 of 18 4903-2242-6194, v. 3 Companies that Boycott Israel List or engages in a boycott of Israel after the execution of the Agreement, the CRA may terminate the Lease/Agreement. 33. E-Verify. Lessee warrants for itself and its subcontractors that Lessee and all subcontractors are in compliance with all federal immigration laws and regulations that relate to their employees. The Lessee 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 Lessee 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 lease/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 Lease, the CRA shall promptly notify Lessee and order Lessee to immediately terminate the contract with the subcontractor. Lessee shall be liable for any additional costs incurred by the CRA as a result of the termination of a contract based on Lessee’s failure to comply with E-Verify requirements referenced herein. IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed on the day and year written below. LESSEE Signature*: ____________________________ Date: _____________________ ______________________________________________ Print Name *If Lessee is a corporation, an officer of the corporation must sign this lease and must also provide a resolution of the corporation authorizing signature. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Signature: __________________________ Date: ___________________ By:_____________________________ Title:___________________________ CERTIFICATION AND WAIVER OF PRIVACY: I, the undersigned, applicant(s) certify that all information presented in this Lease, and all of the information furnished in support of this Lease, is given for the purpose of obtaining a marine vessel slip within the Boynton Beach Community Redevelopment Agency Boynton Harbor Marina, and is true and complete to the best of the LESSEE’s knowledge and belief. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Harbor Marina Dockage Agreement as well as the Rules & Regulations Governing Dockage. 1226 01539510-1 Page 11 of 18 4903-2242-6194, v. 3 I hereby acknowledge that the marina is a public area and that I have no expectation of privacy with respect to activity which occurs in plain view on the Vessel. I waive my rights under any privacy laws and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any information given herein. I further grant permission, and authorize any bank, employer or other public or private agency to disclose information deemed necessary to complete this Lease. I hereby give permission to the Community Redevelopment Agency or its agents to take photos of myself, my invitees, and/or my Vessel to be used to promote the Boynton Harbor Marina. I consent to the use of the image of the Vessel in conjunction with any promotional activity by the Agency or its employees or contractors. I understand that any misinformation furnished by me in to obtain the Lease is grounds for termination of the Lease by LESSOR. LESSEE Signature*: ____________________________ Date: _____________________ ______________________________________________ Print Name *If Lessee is a corporation, an officer of the corporation must sign this lease and must also provide a resolution of the corporation authorizing signature. STATE OF ________________ COUNTY OF ______________ The foregoing instrument was acknowledged before me, the undersigned authority, this ___ day of_____________, 202___, by ____________., who is personally known to me or who has produced as identification and who did/did not take an oath. NOTARY PUBLIC – State of ___________ My commission expires: 1227 01539510-1 Page 12 of 18 4903-2242-6194, v. 3 “EXHIBIT A” BOYNTON HARBOR MARINA RULES AND REGULATIONS GOVERNING DOCKAGE In an effort to provide an inviting atmosphere for boat owners docking at the LESSOR’s docks, patrons, and visitors to the marina area, the following rules and regulations are provided for your protection. LESSEE, and if LESSEE is not the Vessel Captain, the Vessel Captain are required to obey the following rules and regulations as a condition of this Lease and will be strictly enforced. Any violation of these Rules and Regulations shall be deemed as grounds for immediate termination of the Dockage Lease and removal of the vessel in the sole discretion of the LESSOR. 1. When a boat enters the basin, it immediately comes under the jurisdiction of the LESSOR’s Dockmaster. 2. Only boats in good working condition, and operating under their own power, shall be admitted to or remain in berthing areas. 3. Pets shall be leashed within the confines of the LESSOR’s property. Pets are permitted only if they do not disturb other Lessees, patrons, visitors, and guests. 4. Under no circumstances will live-aboard status be allowed. No overnight stay by the LESSEE, his/her crew or guests, shall be permitted. 5. Refuse shall not be thrown overboard. Garbage shall be deposited in cans or dumpster supplied for that purpose. No person shall discharge fish carcasses or waste, oil, spirits, solvents, inflammable liquid or oily bilges into the basin or on the property of the LESSOR. In the event of any accidental spills of oil, spirits, solvents, flammable liquids, fuel products or other toxic substances or waste, the LESSEE shall immediately notify the LESSOR’s Dockmaster of the existence of such condition. 6. There shall be no discharge of fish waste into waters of the marina under any circumstances. Fish waste shall be disposed of offshore or placed in sealed garbage bags and disposed of in the on-site dumpster or taken to your place of residence or legal off- site disposal location. 7. Under no circumstances shall vessel sewage be disposed of into the marina basin. Vessel sewage shall be disposed of appropriately and in conformance with all pertinent health codes and state statutes. 1228 01539510-1 Page 13 of 18 4903-2242-6194, v. 3 8. Noise shall be kept to a minimum at all times. LESSEE shall use discretion in operating engines, generators, radios and television sets, so as not to create a nuisance or disturbance. Upon request by the Dockmaster or LESSOR, LESSEE will immediately lower the volume of any source of noise that may be causing a disturbance. 9. The consumption alcohol on Boynton Beach Community Redevelopment Agency or Boynton Harbor Marina property is strictly prohibited. 10. Swimming, diving, or fishing shall not be permitted from the docks or finger piers or boats except for the cleaning of the underside of the vessel by LESSEE or properly licensed professional. 11. Boat owners shall not store supplies, materials, accessories or debris on walkway, and shall not construct thereon any lockers, chests, cabinets, or similar structures, except with written approval of the Dockmaster and the LESSOR. Painting, scraping, or repairing of gear shall not be permitted on the docks or finger piers. Extent of repairs and maintenance shall be at the discretion of management. 12. Fueling of gasoline or diesel-powered vessels from fuel trucks, portable cans or containers without prior written approval from the Dockmaster shall be strictly prohibited in the slip or marina basin. Storage of portable gasoline cans or containers is prohibited in the marina and slip areas. 13. Laundry shall not be hung on boats, docks or finger piers in the basin, nor shall "for sale" signs be put on boats without written permission from the LESSOR. 14. The washing or maintenance of any vehicle or vessel, on a trailer or otherwise, is prohibited on Boynton Harbor Marina property including in the drop off lane North of the slip area. LESSEE is allowed to wash vessels and perform minor maintenance to their vessel within their designated slip area. 15. The LESSOR reserves the right to limit and govern all marina slip parking spaces in the LESSOR parking areas as shown in “Appendix A.” The Boynton Harbor Marina slip spaces designated as “loading and unloading only” are for the express and exclusive use of the LESSOR and LESSEE between the hours of 6 am to 6 pm seven days a week. From 8 am to 10:30 am Monday through Friday and from 7 am to 10:30 am on Saturday and Sunday, LESSEEs with dive boats may use these spaces for a period no longer than 30 minutes for the sole purpose of the “loading and unloading” of the LESSEE dive boats’ supplies, guests, and crew. Otherwise, these spaces shall be limited to use for a period no longer than 15 minutes for the sole purpose of the “loading and unloading” of the LESSEE’s supplies, guests, and crew. If LESSEE’s vehicle remains in a space, designated as “loading and unloading only,” for longer than the period of time described above, a $0.50 per minute fine will be will be imposed on the LESSEE until the vehicle is moved. Fines will be billed to the LESSEE on a monthly basis and be due with the next month’s rent. NO LONG-TERM PARKING WILL BE ALLOWED in this location. The LESSOR reserves the right to tow or remove any vehicle which is found to be in violation of the parking conditions as stated in this paragraph at the sole expense of the owner of said vehicle. 1229 01539510-1 Page 14 of 18 4903-2242-6194, v. 3 Overnight or long-term parking can be accommodated within the Marina Village Parking Garage by written approval of the Dockmaster and Marina Village Property Manager. Failure to obtain such approval may result in the vehicle being towed by Marina Village Master Association. Please contact the Dockmaster for instructions on obtaining the required overnight parking pass. 16. All contractors, mechanics, or caretakers (“Contractors”) working on any vessel in the Boynton Harbor Marina must register with the Dockmaster, provide Dockmaster with proof of insurance and proof of business licensing before commencing work, and work pursuant to the terms of the Lease. The Dockmaster will provide a one-day “Contractor Parking Pass” to Contractors upon registration. Dockmaster will only issue parking passes for Contractors that have proof of insurance and proof of business licensing on file with the Dockmaster. If more than one day of work is required, the Contractor shall check in with the Dockmaster each day prior to commencing work. 17. Each LESSEE shall provide an executed Dockage Lease Agreement along with all of the documents listed below to the Dockmaster no later than September 30, 2025. If the LESSEE does not provide an executed Dockage Lease Agreement along with all of the documents listed below by September 30, 2025 LESSEE will be charged a $500 fee. The LESSEE will then have thirty (30) days from September 30, 2025 to provide the Dockmaster with the $500 fee, an executed Dockage Lease Agreement (along with all of the documents listed below). If at that time the executed Dockage Lease Agreement, (along with all of the documents listed below) and the $500 fee is not provided to the Dockmaster, the Dockage Lease Agreement will not be considered for renewal and the LESSEE will be required to leave the space. Each LESSEE is required to provide the Dockmaster with the below listed documentation along with the executed Dockage Lease Agreement: • Current Boynton Beach Business Tax Receipt • Current Palm Beach County Local Business Tax Receipt • Current documentation or title to boat being docked • Current vessel registration • Captains licensing for all boat operators • Current US Coast Guard vessel inspection • Current hurricane protection plan • Current insurance policy, written as per section 19 in the dockage agreement and naming Boynton Beach CRA additionally insured 18. Violation of the above rules and regulations, or other conduct by any LESSEE, or his/her crew or guests, that might injure any person, cause damage to property or harm the reputation of the LESSOR shall be cause for immediate removal from Boynton Harbor Marina. Such conduct shall include, but not be limited to: harassment of any person; aggressive behavior; engagement in any illegal activity; or any conduct that the Dockmaster or LESSOR determines, in their sole and absolute discretion, endangers the health, safety, welfare, or property of any other person or entity. 1230 01539510-1 Page 15 of 18 4903-2242-6194, v. 3 LESSEE acknowledges by signing below, that they have read and understand the BOYNTON HARBOR MARINA RULES AND REGULATIONS GOVERNING DOCKAGE and hereby agree to the terms of the Dockage Lease Agreement. LESSEE Signature*: ____________________________ Date: _____________________ ______________________________________________ Print Name *If Lessee is a corporation, an officer of the corporation must sign this lease and must also provide a resolution of the corporation authorizing signature. 1231 01539510-1 Page 16 of 18 4903-2242-6194, v. 3 “Appendix A” 1232 01539510-1 Page 17 of 18 4903-2242-6194, v. 3 “Exhibit B” BOYNTON HARBOR MARINA Dockage Lease Agreement Tenant's Monthly Trip Log SLIP No. VESSEL NAME CAPTAIN NAME CAPTAIN NAME MONTH TOTAL NUMBER OF TRIPS TOTAL NUMBER OF PASSENGERS CAPTAIN’S INITIALS Oct-25 Nov-25 Dec-25 Jan-26 Feb-26 Mar-26 Apr-26 May-26 Jun-26 Jul-26 Aug-26 Sep-26 1233 01539510-1 Page 18 of 18 4903-2242-6194, v. 3 “Exhibit B” BOYNTON HARBOR MARINA Dockage Lease Agreement Tenant's Monthly Trip Log SLIP No. VESSEL NAME CAPTAIN NAME CAPTAIN NAME MONTH TOTAL NUMBER OF TRIPS TOTAL NUMBER OF PASSENGERS CAPTAIN’S INITIALS Oct-26 Nov-26 Dec-26 Jan-27 Feb-27 Mar-27 Apr-27 May-27 Jun-27 Jul-27 Aug-27 Sep-27 1234 00864234-1 Page 1 of 19 4894-3953-7010, v. 1 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY “BOYNTON HARBOR MARINA” DOCKAGE LEASE AGREEMENT FOR MULTIPLE VESSLES IN A SINGLE SLIP FY 2025-2027 This Lease Agreement (“Lease”) is entered into between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, (“LESSOR”) and ________________________________ the undersigned boat and/or owner, (“LESSEE”). ________________________________, hereinafter referred to as “Dockmaster” performs any and all duties of marina management on behalf of the LESSOR, including termination of leases.R. (Print all information. All blank spaces must be completed.) LESSEE’S Name _____________________ BUSINESS NAME _________________________ LESSEE’S Address _____________________________________________________________ City ______________________________________ State ________________ Zip ___________ Phone No._________________________ Alternate Phone No._________________________ First Vessel: Registration No.________________________________________________ First Vessel Name: ________________________________________________________ Make _________________________ Year_______________ O.A. Length Beam _Draft __________ *The length of any vessel shall be measured from the end of pulpit to the end of the dive platform. Tenant vessels shall be measured twice annually. Power _______ Sail ______ Electricity: _____110 _____220 1235 00864234-1 Page 2 of 19 4894-3953-7010, v. 1 Second Vessel: Registration No.______________________________________________ Second Vessel Name: _____________________________________________________ Make _________________________ Year_______________ O.A. Length _________ Beam _________ Draft __________ *The length of any vessel shall be measured from the end of pulpit to the end of the dive platform. Tenant vessels shall be measured twice annually. Power _______ Sail ______ Electricity: _____110 _____220 (hereinafter, First Vessel and Second Vessel shall be referred to collectively as “Vessel”). Existing Lessee ____ Yes ____ No Slip No. _____ Lease Rate: $__________ per foot from October 1, 2025 until September 30, 2027. For purposes of calculating the Lease Rate, the lineal feet shall be calculated by adding the O.A. Length of the First Vessel to the O.A. Length of the Second Vessel. 1. Term. The term of this Dockage Lease shall be from October 1, 2025 until September 30, 2027. There is no option to renew and any additional term of lease shall be evidenced by a new Lease. 2. Rent. From the time period of October 1, 2025 through September 30, 2027 the rental shall be the sum of $___________________ per month based on the lease rate of _____________ dollars and 00/100 ($_____________) per vessel linear foot plus 7% sales tax in the amount of $_________________, for a total of $________________ per month. Rent for the first month shall be prorated if Lease is executed after the 1st of the month. Each subsequent rent payment shall be due on the first day of the month and past due on the tenth day of the month. Timely payment of rent is a material provision of this Lease and the late payment of rent constitutes grounds for termination of this Lease by LESSOR regardless of whether delinquent rent is accepted. LESSEE understands that LESSOR may accept late payment of rent without waiving LESSOR’s right to declare a breach of Lease and terminate this Lease. 3. Security Deposit. At the time of execution of this Lease, LESSEE shall pay LESSOR an amount equal to $________________. This payment (the “Security Deposit”) shall be made by cash, cashier’s check, or money order. The Security Deposit may not be paid by personal check. The Security Deposit is separate from payment of rent and utilities, and LESSEE may not use the Security Deposit to pay the last month’s, or any month’s, rent or other charges in arrears. LESSOR is not obligated to apply the Security Deposit on rents or other charges in arrears, or on other damage caused by LESSEE’s failure to perform under this Lease, 1236 00864234-1 Page 3 of 19 4894-3953-7010, v. 1 but LESSOR may choose to do so at LESSOR’s option. If LESSOR repossesses the slip because of LESSEE’s default or breach, LESSOR may, but is not required to, apply the deposit on all damages suffered as a result of the default or breach, regardless of whether the damages occurred before, during, or after repossession. Upon expiration or termination of this Lease, LESSOR shall inspect the slip and related facilities for any damage caused by LESSEE or LESSEE’s use of the slip. If there is damage beyond normal wear and tear, LESSOR shall subtract the amount necessary to repair the damage from the Security Deposit and return the remainder of the Security Deposit to LESSEE within fourteen (14) days after LESSEE has vacated the slip. LESSOR shall not subtract any amount from the Security Deposit for normal wear and tear. LESSOR shall have sole discretion as to what constitutes normal wear and tear. Any interest generated on the Security Deposit shall accrue to LESSOR. LESSOR shall not be obligated to keep the Security Deposit as a separate fund but may mix it with LESSOR’s own funds. 4. Credit Report Authorization. By signing this Lease, LESSEE hereby authorizes the Boynton Beach Community Development Agency and/or its agent to obtain a copy of his/her credit report and/or scores for the purposes of assessing LESSEE’s current or ongoing eligibility for tenancy. LESSEE’s credit score will be considered when making final application approval decisions and LESSEE may be required to post an additional security deposit as part of his/her approval. The consents provided are effective as of the date of this Lease and will be valid for as long as required to fulfill the purposes described herein. LESSEE will be responsible for a non-refundable application fee of one hundred dollars ($100.00). Make check payable to: Boynton Beach CRA. 5. Utilities. LESSOR agrees to provide electricity and water hookups at each slip. Any equipment/connecting devices necessary to provide the connection from the dock to the Vessel shall be the responsibility of the LESSEE but the type and manner of connection are subject to approval by the LESSOR. LESSEE is responsible for the payment of their monthly electrical and water (individually or collectively, “utility”) usage. The billing rate for utility consumption by the LESSEE shall be based on usage to the slip as determined by LESSOR and will be calculated based on the prevailing rate charged to the LESSOR by the utility provider. A utility statement will be hand delivered or mailed to the LESSEE on the 1st of each month and shall reflect the amount of utility usage for the previous month. Utility payments shall be considered additional rent under this Lease. LESSEE’s utility payments shall be due to LESSOR no later than the tenth day of the following month. 6. Late Payment. There shall be a late payment fee in an amount equal to 25% of the amount due each month on all rent or utility payments received after the past due date. There shall be an additional one hundred dollar ($100.00) late fee when the delinquent rent payment is not made in full, including the initial late fees, by the fifteenth day of the subsequent month. Each month for which LESSEE fails to pay all or a portion of rent or utility payments owed shall constitute a separate violation of this Lease and shall incur a separate late fee. Interest shall accrue on any unpaid amounts owed under this lease at the rate of 1.5% per month. 1237 00864234-1 Page 4 of 19 4894-3953-7010, v. 1 7. Lien. LESSOR shall have a lien against the Vessel, its appurtenances, and its contents for unpaid sums due for rent, use of dock facilities, utility usage, other services, or for damage to any docks or property of LESSOR or any other person at the docks caused or contributed to by the Vessel, LESSEE or any individual the LESSEE allows to use the Vessel. The lien shall be in addition to all other remedies available at law or in equity. 8. Only for Approved Vessel. This Lease is valid only for the Vessel and LESSEE, and is not transferable to another vessel or lessee without the written authorization and approval of the LESSOR. This Lease does not allow for the sub-leasing of the slip by the LESSEE under any circumstances. This Lease grants the LESSEE a revocable license to use the subject dock space and does not create any interest for LESSEE in the underlying bottom lands or real property connected with the LESSOR. 9. Absences from Slip. LESSEE is required to notify the Dockmaster in writing if the Vessel will be absent from the above referenced slip for longer than a thirty (30) day period. Slips left empty for longer than thirty (30) consecutive days, or for twenty (20) days in a forty-five (45) day period, without written notification to the LESSOR shall be considered vacated by the LESSEE and the lease will be terminated. 10. Termination for Cause. This Lease shall be in effect until the end of the term unless sooner terminated by reason of one or more of the following conditions or events: a. By destruction of the dockage facilities by storm, Act of God, or other calamity. b. In the event LESSEE makes a bona fide sale of the boat or obtains a boat larger than can be safely berthed at the subject dockage. c. LESSEE terminates this Lease by providing thirty (30) day written notice to the LESSOR. LESSEE may terminate this Lease pursuant to this subsection only if all rents and fees are current and paid in full. d. By breach or default as provided below. e. Late payment of rent, including items deemed “additional rent,” or penalty charges. f. Failure to maintain and provide proof to LESSOR of insurance coverage as required in paragraph 19 below. g. Other reason as provided for in this Lease. All termination proceedings shall be conducted in accordance with Florida law. 11. Additional Procedures for Termination for Late Payment of Rent. If LESSOR terminates this Lease pursuant to Section 10.e. of this Lease, LESSEE shall immediately vacate the dock space leased hereunder upon three (3) days’ notice by LESSOR. Notice shall be considered given upon any of the following: (a) Mailing notice to LESSEE at the address provided above; or (b) Posting notice upon the Vessel. Should LESSEE fail to vacate within the three (3) days set forth herein, the Parties agree that LESSOR shall be 1238 00864234-1 Page 5 of 19 4894-3953-7010, v. 1 entitled to an immediate judgment for eviction and possession of the subject dock space, upon filing of a verified complaint for eviction/possession with the Palm Beach County Court, in and for the Fifteenth Judicial Circuit. The Parties expressly agree that said action for eviction/possession shall proceed under Summary Procedure pursuant to Section 51.011, Fla. Stat. 12. Compliance with Rules and Regulations. LESSEE agrees to comply with all posted Rules and Regulations along with those attached hereto as “Exhibit A,” as amended from time to time in the LESSOR’s sole discretion, as fully as though they were set forth herein. , and should breach of this Lease or violation of the LESSOR has the absolute right to immediately terminate this Agreement if the LESSEE, their guests, or agents violate any provision of the Marina’s Rules and Regulations Governing Dockage set forth and attached hereto occur, as determined by LESSOR in LESSOR’s sole discretion. Upon discovery of a violation, the LESSOR shall provide written notice to the LESSEE detailing the nature of the violation. The LESSEE shall have five (5) calendar days from the date of notice to cure the violation, if curable. Nortwithstanding the foregoing, if the violation is deemed by the LESSOR, in good faith, to be material, repeated, or a threat to safety, security, or marina operations, the LESSOR may immediately terminate this Agreeemtn immediately without an opportunity to cure. Upon Lease. LESSEE shall be notified of such termination and required to immediately, the LESSEE shall remove the Vessel at LESSEE’s expense. LESSOR may take all legal steps to remove the Vessel and other property from the marina within seventy-two (72) hours, unless otherwise agreed in writing. Failure to vacate the premises may result in removal of the vessel at the LESSEE’s expense and risk, and the LESSOR shall not be liable for any resulting loss or damage of any kind related to the removal. upon termination of the Lease. LESSOR may, in addition to or as an alternative to terminating the Lease, impose a penalty (including fines) on LESSEE for such violation, as provided for in the Rules and Regulations. 12. If LESSOR determines, in its sole and absolute discretion, that the violation of the Rules and Regulations constitutes a danger to the health, safety, and welfare of LESSEE, other persons or property, or LESSOR or LESSOR’s property, LESSOR may immediately take any steps it deems necessary to mitigate or alleviate such danger. Termination under this clause does not entitle the LESSEE to a refund of any prepaid dockage fees, except as otherwise required by law. 13. Required Trip Log Submittal. LESSEE will submit a completed copy of the appropriate log attached hereto as “Exhibit B” in accordance with the schedule below: • First Submittal shall be no later than January 5, 2026 for all trips that occurred October 1 to December 31, 2025 • Second Submittal shall be no later than April 5, 2026 for all trips that occurred January 1 to March 31, 2026 • Third Submittal shall be no later than July 5, 2026 for all trips that occurred April 1 to June 31, 2026 1239 00864234-1 Page 6 of 19 4894-3953-7010, v. 1 • Fourth Submittal shall be no later than October 5, 2026 for all trips that occurred July 1 to September 30, 2026 • Fifth Submittal shall be no later than January 5, 2027 for all trips that occurred October 1 to December 31, 2026 • Sixth Submittal shall be no later than April 5, 2027 for all trips that occurred January 1 to March 31, 2027 • Seventh Submittal shall be no later than July 5, 2027 for all trips that occurred April 1 to June 31, 2027 • Eighth Submittal shall be no later than October 5, 2027 for all trips that occurred July 1 to September 30, 2027 Failure to comply with this section shall be a default and breach of this Lease. If LESSEE fails to submit the trip log, LESSOR may, in addition to the other remedies provided for in this Lease, elect to discontinue LESSEE’s fuel discount and exclude LESSEE from LESSOR’s marketing collateral. 14. Voluntary Waiver. LESSOR may, in its sole and absolute discretion, waive any requirement of this Lease. Waiver of any conditions by LESSOR shall not be deemed to be a continuing waiver and shall not be considered a waiver of any other provision or condition of this Lease. 15. Weather. In the event weather or tidal conditions exist during the term of this Lease that would either place the LESSEE’s Vessel in danger of incurring damage to itself or LESSEE’s Vessel causing damage to the LESSOR's property or other vessels within the dockage facilities, it shall be the LESSEE’s responsibility to remove the Vessel from the LESSOR's property and dockage facility, unless Lessee has an alternative Severe Weather Plan that has been approved, in writing, by the Dockmaster (“Approved Weather Plan”) . Notwithstanding the Approved Weather Plan, any damage caused by LESSEE’s Vessel to the LESSOR's property, dockage facilities, LESSEE’s Vessel or other vessels within the LESSOR's property and dockage facilities shall be the sole responsibility of the LESSEE. The LESSEE, by executing this Lease, expressly agrees that he/she shall be solely responsible for ascertaining when such threatening weather conditions may occur in order to allow adequate time for the LESSEE to remove the Vessel from the LESSOR's property and dockage facility as required above, or secure the Vessel consistent with the Approved Weather Plan. The LESSEE expressly acknowledges that the LESSOR does not assume any obligation to contact the LESSEE with respect to impending weather conditions. NOTICE TO VESSEL OWNER The undersigned LESSOR hereby informs you that in the event you fail to remove your vessel(s) from the marina promptly (within 24 hours) after the issuance of a tropical storm or hurricane watch for Palm Beach County or Boynton Beach, Florida, under Florida law, the undersigned or his or her employees or agents are authorized to remove your vessel(s), if reasonable, from its slip or take any and all other reasonable actions deemed appropriate by the undersigned or his or her employees or agents in order to better secure your vessel(s) and to protect marina property, private property, and the 1240 00864234-1 Page 7 of 19 4894-3953-7010, v. 1 environment. You are further notified that you may be charged a reasonable fee for any such action. Notwithstanding the foregoing, LESSEE shall be responsible for all damage caused by the Vessel to the LESSOR’s dockage facilities or other vessels regardless of ownership. The LESSOR expressly reserves the right, but not the responsibility, to establish minimum requirements for the kinds of cleats, ropes, fenders and other measures that must be used on vessels as a condition of the use of the dockage facilities. In the event the LESSOR establishes such minimum measures, it shall be the LESSEE’s obligation and liability to assure himself/herself that such minimum requirements are adequate to protect the LESSEE's Vessel from damage. 16. Telephone, Cable, etc. LESSOR represents and LESSEE understands that there is no telephone or cable television, provided to the dock or slip. Telephone service to the vessels must be by cellular phone at LESSEE’s expense. No private telephone systems or satellite dishes may be installed within the dockage facilities without the prior written consent of the Dockmaster or the LESSOR. 17. Reassignment. LESSEE acknowledges that each slip assignment is designated for the Term of this Agreement. Any requests by LESSEE to change or reassign the designated slip during the Term must be submitted in writing and subject to availability and the prior written approval of Dockmaster. If such reassignment is approved, LESSEE shall be responsible for a reassignment fee of $50.00 per occurrence. 17. LESSOROR reserves the right to permanently reassign the LESSEE to a different slip in the event LESSOR deems it necessary, in its sole discretion, by providing LESSEE ten (10) days written notification of such intent, without incurring any fee or liability to LESSEE.. LESSOR also reserves the right to temporarily reassign LESSEE to a different slip in the event LESSOR deems it necessary, in its sole discretion, for the purpose of health and safety concerns, maintenance, repairs, construction or any other reason LESSOR deems necessary without incurring any fee or liability to LESSEE.. 18. No Additional Vessels Permitted. No other vessel may be placed in the water along with the Vessel without the prior written consent of LESSOR. Dinghies, rafts, wave runners or other small vessels may not be left in the slip overnight and must be stowed on the Vessel when not in use. 19. Caretaking and Security. This Lease is for the use of dock space only, and such space is to be used at the sole risk of LESSEE. LESSEE expressly acknowledges that LESSOR assumes no responsibility for the caretaking or security of LESSEE’s Vessel, (including any gear, equipment or contents associated with the Vessel) or for any loss or damage of whatever kind or nature to the boat, its contents, gear or equipment howsoever occasioned. LESSEE has the sole responsibility for the caretaking and security of and at the Vessel, including the responsibility to insure the Vessel in accordance with this Lease. Any independent or caretaker or mechanic working on the Vessel (other than LESSEE) must register with the Dockmaster and provide copies of the business license and proof of their business insurance policy. 20. Insurance. The LESSEE hereby agrees to maintain, insurance providing complete marine coverage for the LESSEE’s Vessel and public comprehensive liability insurance 1241 00864234-1 Page 8 of 19 4894-3953-7010, v. 1 (Hull and Protection and Indemnity) with limits not less than $300,000.00 per occurrence for Non-Commercial Vessels and limits not less than $1,000,000.00 per occurrence for Commercial Vessels. The insurance must remain in force for so long as is necessary to cover any occurrence relating to, resulting from or arising out of this Lease or LESSEE’s dockage or tenancy at the Boynton Harbor Marina. LESSOR is to be included as “Additional Insured” with respect to liability arising out of LESSEE’s dockage or tenancy at the Boynton Harbor Marina, this Lease, or other acts or omissions of LESSEE in connection with this Lease. The LESSEE shall provide the LESSOR with a valid certificate of insurance as proof of such coverage at the time of executing the Lease and at each subsequent renewal. The Dockmaster and LESSOR reserve the right to request updated proof of LESSEE’s insurance coverage at any time during the term of this Lease. Additionally, LESSEE is required to provide evidence of a minimum ten (10) pound ABC fire extinguisher to be maintained on the Vessel at all times. 21. Default. The failure of LESSEE to comply with the provisions set forth in this Lease shall constitute a default and breach of this Lease. If LESSEE fails to cure the default within seven (7) days of notice from LESSOR, LESSOR may terminate this Lease. If LESSOR determines, in its sole and absolute discretion, that the default or breach constitutes a danger to the health, safety, and welfare of LESSEE, other persons or property, or LESSOR or LESSOR’s property, LESSOR may immediately terminate this Lease. 22. Indemnification. The LESSEE agrees to indemnify, save, and hold harmless LESSOR, its agents and its employees harmless for any and all liability, claim, demand, suit, loss, cost, expense, or damage, which may be asserted, claimed or recovered against or from LESSOR, its agents, and its employees by reason of any property damage 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 LESSEE’s negligent or wrongful conduct, faulty equipment (including equipment installation and removal), use of LESSOR's dockage facilities, or use of LESSOR’s property pursuant to this Lease, as well as from any and all acts or omissions of LESSEE, his/her crew, guests, invitees, or agents. The LESSEE’s obligation for such indemnification shall include all reasonable defense costs including attorney’s fees and attorney’s fees at the appellate level. This paragraph shall not be construed to require LESSEE to indemnify LESSOR for its own negligence, or intentional acts of LESSOR, 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. 23. Entire Agreement. This Lease 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 Lease and the terms of this Lease supersede all such other agreements. No extraneous information may be used to alter the terms of this Lease. 24. Modification. No change, amendment, modification or alteration of this Lease shall be binding upon either party unless it is in writing and signed by both parties except for changes to rules and regulations as deemed necessary and appropriate by the LESSOR. 1242 00864234-1 Page 9 of 19 4894-3953-7010, v. 1 25. Interpretation. If any action at law or in equity is necessary to enforce or interpret the terms of this Lease, the prevailing party shall be entitled to reasonable attorney fees, expenses, and costs of appeal and necessary disbursements in addition to any other relief to which it may be entitled. 26. Severability. If any part of this Lease shall be declared unlawful or invalid, the remainder of the Lease will continue to be binding upon the parties. In the event any of part of this Lease shall be held to be invalid, this Lease shall be interpreted as if such invalid part were not contained herein. 27. Independent Advice. The Parties declare that the terms of this Lease 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. 28. Agreement Deemed to be Drafted Jointly. This Lease 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 Lease fairly and reasonably in accordance with the purpose of this Lease. 29. Governing Law, Jurisdiction, and Venue. The terms and provisions of this Lease 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. 30. Counterparts and Transmission. To facilitate execution, this Lease 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. 31. Public Records. The Boynton Beach Community Redevelopment Agency is public agency subject to Chapter 119, Florida Statutes. The Lessee shall comply with Florida’s Public Records Law. Specifically, the Lessee shall: Keep and maintain public records that ordinarily and necessarily would be required by the CRA in order to perform the service; Provide the public with access to such public records on the same terms and conditions that the CRA would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 1243 00864234-1 Page 10 of 19 4894-3953-7010, v. 1 Meet all requirements for retaining public records and transfer to the CRA, at no cost, all public records in possession of the Lessee upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the CRA in a format that is compatible with the information technology systems of the agency. The failure of Lessee to comply with the provisions set forth in this agreement/contract shall constitute a Default and Breach of this Lease/Agreement. If Lessee fails to cure the default within seven (7) days’ notice from the CRA, the CRA may terminate the Lease/Agreement. 32. Non-Scrutinizing Company. Lessee 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 Lessee 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 Lease/Agreement. 33. E-Verify. Lessee warrants for itself and its subcontractors that Lessee and all subcontractors are in compliance with all federal immigration laws and regulations that relate to their employees. The Lessee 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 Lessee 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 lease/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 Lease, the CRA shall promptly notify Lessee and order Lessee to immediately terminate the contract with the subcontractor. Lessee shall be liable for any additional costs incurred by the CRA as a result of the termination of a contract based on Lessee’s failure to comply with E-Verify requirements referenced herein. IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed on the day and year written below. LESSEE Signature*: ____________________________ Date: _____________________ ______________________________________________ Print Name *If Lessee is a corporation, an officer of the corporation must sign this lease and must also provide a resolution of the corporation authorizing signature. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Signature: __________________________ Date: ___________________ By: _____________________________ 1244 00864234-1 Page 11 of 19 4894-3953-7010, v. 1 Title: ___________________________ CERTIFICATION AND WAIVER OF PRIVACY: I, the undersigned, applicant(s) certify that all information presented in this Lease, and all of the information furnished in support of this Lease, is given for the purpose of obtaining a marine vessel slip within the Boynton Beach Community Redevelopment Agency Boynton Harbor Marina, and is true and complete to the best of the LESSEE’s knowledge and belief. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Harbor Marina Dockage Agreement as well as the Rules & Regulations Governing Dockage. I hereby acknowledge that the marina is a public area and that I have no expectation of privacy with respect to activity which occurs in plain view on the Vessel. I waive my rights under any privacy laws and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any information given herein. I further grant permission, and authorize any bank, employer or other public or private agency to disclose information deemed necessary to complete this Lease. I hereby give permission to the Community Redevelopment Agency or its agents to take photos of myself, my invitees, and/or my Vessel to be used to promote the Boynton Harbor Marina. I consent to the use of the image of the Vessel in conjunction with any promotional activity by the Agency or its employees or contractors. I understand that any misinformation furnished by me in to obtain the Lease is grounds for termination of the Lease by LESSOR. LESSEE Signature*: ____________________________ Date:_____________________ ______________________________________________ Print Name *If Lessee is a corporation, an officer of the corporation must sign this lease and must also provide a resolution of the corporation authorizing signature. STATE OF ______________ COUNTY OF ____________ The foregoing instrument was acknowledged before me, the undersigned authority, this ___ day of_______, 202__ , by ____________., who is personally known to me or who has produced as identification and who did/did not take an oath. NOTARY PUBLIC – State of ___________ My commission expires: 1245 00864234-1 Page 12 of 19 4894-3953-7010, v. 1 “EXHIBIT A” BOYNTON HARBOR MARINA RULES AND REGULATIONS GOVERNING DOCKAGE In an effort to provide an inviting atmosphere for boat owners docking at the LESSOR ’s docks, patrons, and visitors to the marina area, the following rules and regulations are provided for your protection. LESSEE, and if LESSEE is not the Vessel Captain, the Vessel Captain are required to obey the following rules and regulations as a condition of this Lease and will be strictly enforced. Any violation of these Rules and Regulations shall be deemed as grounds for immediate termination of the Dockage Lease and removal of the vessel in the sole discretion of the LESSOR. 1. When a boat enters the basin, it immediately comes under the jurisdiction of the LESSOR’s Dockmaster. 2. Only boats in good working condition, and operating under their own power, shall be admitted to or remain in berthing areas. 1246 00864234-1 Page 13 of 19 4894-3953-7010, v. 1 3. Pets shall be leashed within the confines of the LESSOR’s property. Pets are permitted only if they do not disturb other Lessees, patrons, visitors, and guests. 4. Under no circumstances will live-aboard status be allowed. No overnight stay by the LESSEE, his/her crew or guests, shall be permitted. 5. Refuse shall not be thrown overboard. Garbage shall be deposited in cans or dumpster supplied for that purpose. No person shall discharge fish carcasses or waste, oil, spirits, solvents, inflammable liquid or oily bilges into the basin or on the property of the LESSOR. In the event of any accidental spills of oil, spirits, solvents, flammable liquids, fuel products or other toxic substances or waste, the LESSEE shall immediately notify the LESSOR’s Dockmaster of the existence of such condition. 6. There shall be no discharge of fish waste into waters of the marina under any circumstances. Fish waste shall be disposed of offshore or placed in sealed garbage bags and disposed of in the on-site dumpster or taken to your place of residence or legal off- site disposal location. 7. Under no circumstances shall vessel sewage be disposed of into the marina basin. Vessel sewage shall be disposed of appropriately and in conformance with all pertinent health codes and state statutes. 8. Noise shall be kept to a minimum at all times. LESSEE shall use discretion in operating engines, generators, radios and television sets, so as not to create a nuisance or disturbance. Upon request by the Dockmaster or LESSOR, LESSEE will immediately lower the volume of any source of noise that may be causing a disturbance. 9. The consumption alcohol on Boynton Beach Community Redevelopment Agency or Boynton Harbor Marina property is strictly prohibited. 10. Swimming, diving, or fishing shall not be permitted from the docks or finger piers or boats except for the cleaning of the underside of the vessel by LESSEE or properly licensed professional. 11. Boat owners shall not store supplies, materials, accessories or debris on walkway, and shall not construct thereon any lockers, chests, cabinets, or similar structures, except with written approval of the Dockmaster and the LESSOR. Painting, scraping, or repairing of gear shall not be permitted on the docks or finger piers. Extent of repairs and maintenance shall be at the discretion of management. 12. Fueling of gasoline or diesel-powered vessels from fuel trucks, portable cans or containers without prior written approval from the Dockmaster shall be strictly prohibited in the slip or marina basin. Storage of portable gasoline cans or containers is prohibited in the marina and slip areas. 13. Laundry shall not be hung on boats, docks or finger piers in the basin, nor shall "for sale" signs be put on boats without written permission from the LESSOR. 14. The washing or maintenance of any vehicle or vessel, on a trailer or otherwise, is prohibited on Boynton Harbor Marina property including in the drop off lane North of the 1247 00864234-1 Page 14 of 19 4894-3953-7010, v. 1 slip area. LESSEE is allowed to wash vessels and perform minor maintenance to their vessel within their designated slip area. 15. The LESSOR reserves the right to limit and govern all marina slip parking spaces in the LESSOR parking areas as shown in “Appendix A.” The Boynton Harbor Marina slip spaces designated as “loading and unloading only” are for the express and exclusive use of the LESSOR and LESSEE between the hours of 6 am to 6 pm seven days a week. From 8 am to 10:30 am Monday through Friday and from 7 am to 10:30 am on Saturday and Sunday, LESSEEs with dive boats may use these spaces for a period no longer than 30 minutes for the sole purpose of the “loading and unloading” of the LESSEE dive boats’ supplies, guests, and crew. Otherwise, these spaces shall be limited to use for a period no longer than 15 minutes for the sole purpose of the “loading and unloading” of the LESSEE’s supplies, guests, and crew. If LESSEE’s vehicle remains in a space, designated as “loading and unloading only,” for longer than the period of time described above, a $0.50 per minute fine will be will be imposed on the LESSEE until the vehicle is moved. Fines will be billed to the LESSEE on a monthly basis and be due with the next month’s rent. NO LONG-TERM PARKING WILL BE ALLOWED in this location. The LESSOR reserves the right to tow or remove any vehicle which is found to be in violation of the parking conditions as stated in this paragraph at the sole expense of the owner of said vehicle. Overnight or long-term parking can be accommodated within the Marina Village Parking Garage by written approval of the Dockmaster and Marina Village Property Manager. Failure to obtain such approval may result in the vehicle being towed by Marina Village Master Association. Please contact the Dockmaster for instructions on obtaining the required overnight parking pass. 16. All contractors, mechanics, or caretakers (“Contractors”) working on any vessel in the Boynton Harbor Marina must register with the Dockmaster, provide Dockmaster with proof of insurance and proof of business licensing before commencing work, and work pursuant to the terms of the Lease. The Dockmaster will provide a one-day “Contractor Parking Pass” to Contractors upon registration. Dockmaster will only issue parking passes for Contractors that have proof of insurance and proof of business licensing on file with the Dockmaster. If more than one day of work is required, the Contractor shall check in with the Dockmaster each day prior to commencing work. 17. Each LESSEE shall provide an executed Dockage Lease Agreement along with all of the documents listed below to the Dockmaster no later than September 30, 2025. If the LESSEE does not provide an executed Dockage Lease Agreement along with all of the documents listed below by September 30, 2025, LESSEE will be charged a $500 fee. The LESSEE will then have thirty (30) days from September 30, 2025, to provide the Dockmaster with the $500 fee, an executed Dockage Lease Agreement (along with all of the documents listed below). If at that time the executed Dockage Lease Agreement, (along with all of the documents listed below) and the $500 fee is not provided to the Dockmaster, the Dockage Lease Agreement will not be considered for renewal and the LESSEE will be required to leave the space. Each LESSEE is required to provide the Dockmaster with the below listed documentation 1248 00864234-1 Page 15 of 19 4894-3953-7010, v. 1 along with the executed Dockage Lease Agreement: • Current Boynton Beach Business Tax Receipt • Current Palm Beach County Local Business Tax Receipt • Current documentation or title to boat being docked • Current vessel registration • Captains licensing for all boat operators • Current US Coast Guard vessel inspection • Current hurricane protection plan • Current insurance policy, written as per section 19 in the dockage agreement and naming Boynton Beach CRA additionally insured 18. Violation of the above rules and regulations, or other conduct by any LESSEE, or his/her crew or guests, that might injure any person, cause damage to property or harm the reputation of the LESSOR shall be cause for immediate removal from Boynton Harbor Marina. Such conduct shall include, but not be limited to: harassment of any person; aggressive behavior; engagement in any illegal activity; or any conduct that the Dockmaster or LESSOR determines, in their sole and absolute discretion, endangers the health, safety, welfare, or property of any other person or entity. LESSEE acknowledges by signing below, that they have read and understand the BOYNTON HARBOR MARINA RULES AND REGULATIONS GOVERNING DOCKAGE and hereby agree to the terms of the Dockage Lease Agreement. LESSEE Signature*: ____________________________ Date: _____________________ ______________________________________________ Print Name *If Lessee is a corporation, an officer of the corporation must sign this lease and must also provide a resolution of the corporation authorizing signature. 1249 00864234-1 Page 16 of 19 4894-3953-7010, v. 1 “Appendix A” 1250 00864234-1 Page 17 of 19 4894-3953-7010, v. 1 “Exhibit B” BOYNTON HARBOR MARINA Dockage Lease Agreement 1251 00864234-1 Page 18 of 19 4894-3953-7010, v. 1 Tenant's Monthly Trip Log SLIP No. VESSEL NAME CAPTAIN NAME CAPTAIN NAME MONTH TOTAL NUMBER OF TRIPS TOTAL NUMBER OF PASSENGERS CAPTAIN’S INITIALS Oct-25 Nov-25 Dec-25 Jan-26 Feb-26 Mar-26 Apr-26 May-26 Jun-26 Jul-26 Aug-26 Sep-26 “Exhibit B” BOYNTON HARBOR MARINA Dockage Lease Agreement 1252 00864234-1 Page 19 of 19 4894-3953-7010, v. 1 Tenant's Monthly Trip Log SLIP No. VESSEL NAME CAPTAIN NAME CAPTAIN NAME MONTH TOTAL NUMBER OF TRIPS TOTAL NUMBER OF PASSENGERS CAPTAIN’S INITIALS Oct-26 Nov-26 Dec-26 Jan-27 Feb-27 Mar-27 Apr-27 May-27 Jun-27 Jul-27 Aug-27 Sep-27 1253 00863977-1 {00863977-1 } 1 4902-1094-8690, v. 14888-1281-8034, v. 1 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY BOYNTON HARBOR MARINA TRANSIENT DOCKAGE AGREEMENT This Transient Dockage Agreement (“Agreement”) is entered into between Boynton Beach Community Redevelopment Agency (“BBCRA”) and ______________________________ (“Vessel Owner”) for temporary dockage of the Vessel described below at the Boynton Harbor Marina. ______________________________________________, (“Dockmaster”) is duly authorized to execute this Agreement and act on behalf of BBCRA in all matters contemplated in this Agreement. (Print all information. All blank spaces must be completed.) 1) Vessel Owner Information: Vessel Owner’s Name __________________________________________________________ Vessel Owner’s Address _________________________________________________________ Business Name _________________________________________________________________ Business Address: ______________________________________________________________ City ______________________________________ State ________________ Zip ___________ Phone No._________________________ Alternate Phone No._________________________ Credit Card #:_______________________________________ Expiration Date:______________ 2) Vessel Information: Vessel Registration No.____________________ Vessel Name: ___________________________ (“Vessel”). Make _________________________ Year_______________ O.A. Length _________ Beam _________ Draft __________ *The length of any vessel shall be measured from the end of pulpit to the end of the dive platform. 1254 00863977-1 {00863977-1 } 2 4902-1094-8690, v. 14888-1281-8034, v. 1 Power _____ Sail ____ Electricity: ___110 _____220 Inboard ____ Outboard____ 3) Notify in Case of Emergency: Name: ________________________________________________________________________ Phone No._________________________ Alternate Phone No._________________________ Address: ______________________________________________________________________ Relationship to Vessel Owner: _____________________________________________________ 4) Dockage Location and Term. This Agreement creates a revocable license to use the dock space assigned by the Dockmaster for a term of ___ days, from __________________ to ___________________ (“Dockage Term”). The Dockage Term may not exceed five (5) days under any circumstances. Dockmaster may, in his sole and absolute discretion, terminate this Agreement with or without cause and immediately require Vessel Owner to remove the Vessel from Boynton Harbor Marina. The use of dock space is subject to availability, which shall be determined by the Dockmaster. 5) No Discrimination. In entering, applying, and enforcing this Agreement, BBCRA and Dockmaster shall not discriminate based on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability of the Vessel Owner or the guests or passengers of the Vessel Owner. 6) Dockage Charge. In exchange for docking at the Boynton Harbor Marina, Vessel Owner shall pay BBCRA a charge of $3.00 per lineal foot per night (“Dockage Charge”), to be calculated: (_______________ x $3.00) = ___________, plus any applicable tax. (length of vessel, in feet) 7) Vessel Insurance. Vessel Owner is required to provide Proof of Insurance to Dockmaster, who shall make a copy of such Proof of Insurance. Insurance must provide complete marine coverage for the Vessel and public comprehensive liability insurance (Hull and Protection and Indemnity) with limits not less than $300,000.00 per occurrence for Non-Commercial Vessels and limits not less than $1,000,000.00 per occurrence for Commercial Vessels. The insurance must remain in force for so long as is necessary to cover any occurrence relating to, resulting from or arising out of this Agreement o r Vessel Owner’s use of the Boynton Harbor Marina. 8) Credit Card. Prior to docking the Vessel overnight at the Boynton Harbor Marina, Vessel Owner shall provide a credit card to Dockmaster that has sufficient credit available to pay for Dockage Charges, taxes, and any damages of any kind caused by the Vessel, Vessel Owne r, or Vessel Owner’s passengers or guests. Vessel Owner’s credit card will be charged a deposit of one-night dockage at the time of booking dockage reservation. 9) Cancellation Policy. Boynton Harbor Marina has a twenty-four (24) hour cancellation policy. In the event of a no-show, or cancellation less than 24-hours prior to the Dockage Term, Vessel Owner will forfeit the deposit of one-night dockage made at the time of booking dockage reservation. 1255 00863977-1 {00863977-1 } 3 4902-1094-8690, v. 14888-1281-8034, v. 1 10) Only for Approved Vessel. This Agreement is valid only for the Vessel and Vessel Owner, and is not transferrable to another vessel or vessel owner. 11) Legal Purpose. Vessel Owner hereby warrants and confirms that the Vessel is being used only for legal purposes and that no illegal items of any kind are currently on board the Vessel or will be brought onto the Vessel for the duration of the Dockage Term. 12) Utilities. BBCRA and Dockmaster agree, to the extent it is reasonably available, to provide electricity and water hookups to Vessel Owner. Any equipment/connecting devices necessary to provide the connection from the dock to the Vessel shall be the responsibility of the Vessel Owner but the type and manner of connection are subject to approval by the Dockmaster. BBCRA and Dockmaster shall not charge Vessel Owner any additional amount over and above the Dockage Charge fo r the use of electricity and water, but if water or electricity hookups are not provided, not functional, or not reasonably available, the Dockage Charge shall not be reduced. 13) Security. This Agreement is for use of dock space only, and such space is to be used at the sole risk of Vessel Owner. Vessel Owner expressly acknowledges that BBCRA and Dockmaster assume no responsibility for the caretaking or security of the Vessel, (including any gear, equipment or contents associated with the Vessel) or for any loss or damage of whatever kind or nature to the boat, its contents, gear or equipment, howsoever occasioned. Vessel Owner has the sole responsibility for the caretaking and security of and at the Vessel, including the responsibility to insure the Vessel in accordance with this Agreement. Any independent or caretaker or mechanic working on a vessel (other than Vessel Owner) must register with the Dockmaster and provide copies of the business license and proof of their business insurance policy. 13)14) Bathroom Key. Vessel Owner will be givenshall be issued one (1) bathroom access key for the onsite bathrooms for the duration of stayupon check-in. Vessel Owner agrees to return the bathroom key to Dockmaster at the time of departure. Failure return the bathroom key upon checkout , or loss or damage of the key during the reservation period, will result in a replacement fee of $50.00, which will be charged to The key must be returned at time of departure. If the key is not returned at the time of departure, Vessel Owner’s credit card on file will charge a one-time $50.00 lost key fee. Vessel Owner acknowledges responsibility for safeguarding the key and agrees to notify Marina Management promptly if the key is lost or damaged. 14)15) Weather. Weather conditions: In the event weather or tidal conditions exist during the term of this Agreement that would either place the VESSEL OWNER’s Vessel in danger of incurring damage to itself or VESSEL OWNER’s Vessel causing damage to the BBCRA’s property or other vessels within the dockage facilities, it shall be the VESSEL OWNER’s responsibility to remove the Vessel from the BBCRA’s property and dockage facility. Any damage caused by VESSEL OWNER’s Vessel to the LESSOR's property, dockage facilities, VESSEL OWNER’s Vessel or other vessels within the BBCRA's property and dockage facilities shall be the sole responsibility of the VESSEL OWNER. The VESSEL OWNER, by executing this Agreement, expressly agrees that he/she shall be solely responsible for ascertaining when such threatening weather conditions may occur in order to allow adequate time for the VESSEL OWNER to remove the Vessel from the BBCRA's property and dockage facility as required above. The VESSEL OWNER expressly acknowledges that the BBCRA does not assume any obligation to contact the VESSEL OWNER with respect to impending weather conditions. Commented [TU1]: I will double check this cost; legal please review verbiage. Commented [TM2R1]: Let me know if this language works. 1256 00863977-1 {00863977-1 } 4 4902-1094-8690, v. 14888-1281-8034, v. 1 NOTICE TO VESSEL OWNER The undersigned BBCRA hereby informs you that in the event you fail to remove your vessel from the marina promptly (within 24 hours) after the issuance of a tropical storm or hurricane watch for Palm Beach County or Boynton Beach, Florida, under Florida law, the undersigned or his or her employees or agents are authorized to remove your vessel, if reasonable, from its slip or take any and all other reasonable actions deemed appropriate by the undersigned or his or her employees or agents in order to better secure your vessel and to protect marina property, private property, and the environment. You are further notified that you may be charged a reasonable fee for any such action. Notwithstanding the foregoing, VESSEL OWNER shall be responsible for all damage caused by the Vessel to the BBCRA’s dockage facilities or other vessels regardless of ownership. The BBCRA expressly reserves the right, but not the responsibility, to establish minimum requirements for the kinds of cleats, ropes, fenders and other measures that must be used on vessels as a condition of the use of the dockage facilities. In the event the BBCRA establishes such minimum measures, it shall be the VESSEL OWNER’s obligation and liability to assure himself/herself that such minimum requirements are adequate to protect the VESSEL OWNER’s Vessel from damage. 15)16) Indemnification. Vessel Owner agrees to indemnify, save, and hold harmless BBCRA, its agents and its employees for any and all liability, claim, demand, suit, loss, cost, expense, or damage, which may be asserted, claimed or recovered against or from BBCRA, its agents, and its employees by reason of any property damage 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 Vessel Owner’s negligent or wrongful conduct, faulty equipment (including equipment installation and removal), use of BBCRA's dockage facilities, or use of BBCRA’s property pursuant to this Agreement, as well as from any and all acts or omissions of Vessel Owner, his/her crew, guests, invitees, or agents. The Vessel Owner’s obligation for such indemnification shall include all reasonable defense costs including attorneys’ fees and attorneys’ fees at the appellate level. This paragraph shall not be construed to require Vessel Owner to indemnify BBCRA for its own negligence, or intentional acts of BBCRA, 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. 16)17) Compliance with Rules, Regulations, and Policies. Vessel Owner agrees to obey and abide by all state, federal, and local laws and ordinances, including the Boynton Harbor Marina Rules and Regulations Governing Dockage, attached hereto as Exhibit A, except that Vessel Owner and any passengers may stay overnight on the Vessel. For purposes of the Boynton Harbor Marina Rules and Regulations Governing Dockage, the term “Lessee” shall include Vessel Owner. In addition, Vessel Owner agrees to comply with all requests or orders of the Dockmaster concerning dockage, fueling, connection to utilities, or any other matter pertaining to dockage or use of the dock or Boynton Harbor Marina. Vessel Owner shall use the Dock Space and keep the Vessel in such a manner as to avoid interfering with the normal operations of the Boynton Harbor Marina. 1257 00863977-1 {00863977-1 } 5 4902-1094-8690, v. 14888-1281-8034, v. 1 17)18) 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 ma tter 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. 18)19) Interpretation. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney fees, expenses, and costs of appeal and necessary disbursements in addition to any other relief to which it may be entitled. 19)20) 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. 20)21) 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. 21)22) 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. 22)23) 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. In the event any of part of this Agreement shall be held to be invalid, this Agreement shall be interpreted as if such invalid part were not contained herein. 23)24) Public Records. The Boynton Beach Community Redevelopment Agency is public agency subject to Chapter 119, Florida Statutes. The Lessee shall comply with Florida’s Public Records Law. Specifically, the Lessee shall: Keep and maintain public records that ordinarily and necessarily would be required by the CRA in order to perform the service; Provide the public with access to such public records on the same terms and conditions that the CRA would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and Meet all requirements for retaining public records and transfer to the CRA, at no cost, all public records in possession of the Lessee upon termination of the contract and destroy any duplicate 1258 00863977-1 {00863977-1 } 6 4902-1094-8690, v. 14888-1281-8034, v. 1 public records that are exempt or confidential and exempt. All records stored electronically must be provided to the CRA in a format that is compatible with the information technology systems of the agency. The failure of Lessee to comply with the provisions set forth in this agreement/contract shall constitute a Default and Breach of this Lease/Agreement. If Lessee fails to cure the default within seven (7) days’ notice from the CRA, the CRA may terminate the Lease/Agreement. 24)25) Non-Scrutinizing Company. Lessee 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 c ontains false statements, or that Lessee 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 Lease/Agreement. 25)26) E-Verify. Lessee warrants for itself and its subcontractors that Lessee and all subcontractors are in compliance with all federal immigration laws and regulations that relate to their employees. The Lessee agrees and acknowledges that the CRA is a public employer th at 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 Lessee 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 lease/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 Lease, the CRA shall promptly notify Lessee and order Lessee to immediately terminate the contract with the subcontractor. Lessee shall be liable for any additional costs incurred by the CRA as a result of the termination of a contract based on Lessee’s failure to comply with E -Verify requirements referenced herein. IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto on the dates indicated below. Vessel Owner ____________________________ Date: ________________________ Printed: ________________________ Title: ________________________ On Behalf of the Boynton Beach Community Redevelopment Agency By: ________________________ Date: ________________________ Printed: ________________________ Title: ________________________ 1259 00863977-1 {00863977-1 } 7 4902-1094-8690, v. 14888-1281-8034, v. 1 1260 South Florida Municipal Marina Competitive Analysis Jun-25 Monthly Annual Electric Water Dockside WI-FI Amenities Fuel Discount Approx # of Slips % Occupied Transient/ per day Fuel Dock Pick up/Drop off fee Boynton Harbor Marina $20.00 per' per month/annual contracts additional additional included restrooms, fuel, store, restaurants, $.10-$.20 per gallon 18 100%$3.00 yes N/A * Rivera Beach Municipal Marina $41.00-$51.00 per' per month $33.00 per' per month $43.00 per' per month for face dock additional included included fuel, showers, laundry, restrooms,pump out, store, restaurant 10% for marina slipholders 140 85%$4.00-$5.00 yes $250-$500 * $43.00 per' per month + $200 monthly for promenade $50-$150 monthly $3 per person charter boat fees plus usage Lake Park Marina $33.00-$40.50 $30.00 $115.00 to$160.00/ mo included included showers, ship store, fuel, boat ramp, security, laundry Volume disc 105 90%$3.50-$4.00 Yes $35 * $34.50 per month charter annual Town of Palm Beach Docks $80.00 per foot per month and up included included included showers, store, pump out N/A 84 90%$6.30-$3.00 No Not Allowed * City of Delray Docks $29.00 per' per month included included pump out N/A 24 100%$60.00-$85.00 No Not Allowed $33.00 per' per month Hollywood Municipal Marina $1.15 per' per day $.84 per' per day included included included showers, rest rooms, launch ramp, pump out N/A 55 95%$2.26 Yes Not Allowed * Dania Beach Municipal Marina $42 per' per month $37 per' per month metered included included pump out, restrooms N/A 92 95%$2.50 NO Not Allowed * Fort Pierce City Marina $22.50 per' per month $22.50 additional included included free pump out, CATV, fuel laundry, Boat US 274 90%$3.25 Yes Case by Case * City of Ft. Lauderdale Marinas $1.93-$4.07/ per day $1.10-$2.37 per' per day additional included included pump-out N/A 220 90%$2.14-$4.53 No $100 Loggerhead North Lantana $23.00 per' per month $23.00 additional included included store, fuel, Boat US 328 90%case by case Yes Case by Case * Laggerhead South Lantana $23.00 per' per month $23.00 additional included included store, pool, clubroom Boat US 80 90%case by case No Case by Case * Marina partially vacated in May 2025 due to structual issues Palm Beach Yacht Center $21.00 per' per month-over 30'$17.00 under 30'additional included included pump out, showers, store, service, fuel Boat US 95 90%$2.50 Yes Case by Case * Delray Harbor Club $30.00 per' per month $30.00 additional additional included service, fuel, store N/A 46 95%$3.75 Yes Case by Case * NOTE #1: % occupied is an estimate arrived at by talking to marina staff and/or site visits at select marinas. NOTE #2: Boat US discounts on fuel are typically $.10 off the advertised pump price. Some of the marinas surveyed also offer Boat US discounts on dockage as well. Municipal/City Marinas are indicated in bold with yellow background. NOTE #3: Case by Case in drop off category means that that the marina has no set fee schedule but for a fee they might be willing to allow charter pick ups. They do not often have requests. Blue shaded indicates direct compairisons to BHM Commercial Dockage $151.50 per foot per month $66.00 per month for 45' or less Resident $26 per' per month Non-Resident $30' per month 1261 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: August 12, 2025 NEW BUSINESS AGENDA ITEM 15.C SUBJECT: Discussion and Consideration of the Purchase of 670 Oak Street - REVISED 08/08/2025 SUMMARY: On April 14, 2025, Lauren Goebel (a representative for the property owner) reached out to the CRA to discuss the potential sale of the property located at 670 Oak Street (see Attachment I). The property is located to the south of Harvey E. Oyer Jr. Park and within the Federal Highway Corridor District of the CRA (see Attachment II). The property acquisition was presented to CRA and City staff as an opportunity to expand the Harvey E. Oyer Jr. Park. The City, CRA and Ms. Goebel met on several occasions to discuss the possibilities for the property and the Seller's terms. Originally the parcel was offered at a purchase price of $6,000,000 for the Northern .75 acres (102' of water frontage) with the Seller retaining ownership of the Southern .52 acres (60' of water frontage). Additionally, if the right-of-way (between Harvey E. Oyer Jr. Park and the subject property) was abandoned it would provide an additional .13 acres and 15' of water frontage (see Attachment III). As part of the CRA's procurement an appraisal was ordered and received on June 13, 2025 (see Attachment IV). The entire property appraised at $6,606,000 with the portion being offered to the CRA having an appraised value of $3,515,000. The City prepared a conceptual site plan for potential expansion of Harvey E. Oyer Jr. Park (see Attachment V). After review of the City's plan the Seller has provided the following term options for the purchase of the property (see Attachment VI): Option 1 Entire parcel – Approximately 1.27 Acres • Purchase Price: $7,000,000 • Deposit: $300,000 • Due Diligence: 60 days from effective date of Purchase and Sale Agreement • Closing Period: Within 90 days from effective date of Purchase and Sale Agreement • Property to be delivered unoccupied 1262 •Attachment I - Original Offer •Attachment II - Aerial Photo •Attachment III - Subdivision Survey •Attachment IV - Appraisal •Attachment V - Harvey Oyer Boat Ramp Park Proposed Expansion •Attachment VI - Summary of Purchase Terms •Attachment VII - Comparables for 670 Oak Street - REVISED 08/08/2025 Option 2 Northern portion of the parcel – Approximately 0.75 Acres • Purchase Price: $4,500,000 • Deposit: $225,000 • Due Diligence: 60 days from effective date of Purchase and Sale Agreement • Closing Period: Within 120 days from effective date of Purchase and Sale Agreement (or as reasonably extended to allow for subdivision process to be completed) • Property to be delivered vacant Use restriction for both purchase options: REC zoning Restrictive covenant to match the current Harvey Oyer Park restrictive covenant but allow for (1) restaurant up to two stories in height No structured parking No dry stack marine storage The property is located within the CRA Boundaries and acquisition would be in compliance with the 2016 BBCRA Redevelopment Plan if it provides new or expands public waterfront access. A comparison of similar purchases by the CRA has been provided (see Attachment VII). FISCAL IMPACT: To be determined by the CRA Board. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan - Federal Highway District CRA BOARD OPTIONS: To be determined by the Board. ATTACHMENTS: Description 1263 1 Utterback, Theresa Subject:FW: Off-Market Waterfront Property Adjacent to Harvey E. Oyer Jr. Park Attachments:Aerial Photo - 670 Oak Street w Parks.pdf; 670 Oak St Boynton - Subdivision.pdf From: Lauren Goebel <realestatetrendfinder@gmail.com> Sent: Monday, April 14, 2025 6:04 PM To: Tack, Timothy <TackT@bbfl.us> Subject: Fwd: Off-Market Waterfront Property Adjacent to Harvey E. Oyer Jr. Park Mr. Tack, I represent the owners of 670 Oak Street in Boynton Beach. This waterfront property is located immediately south of the Harvey E. Oyer Jr. Park and Boat Ramp. Please see attached aerial photo and survey with proposed subdivision for ZjQcmQRYFpfptBannerStart This Message Is From an Untrusted Sender You have not previously corresponded with this sender. ZjQcmQRYFpfptBannerEnd Mr. Tack, I represent the owners of 670 Oak Street in Boynton Beach. This waterfront property is located immediately south of the Harvey E. Oyer Jr. Park and Boat Ramp. Please see attached aerial photo and survey with proposed subdivision for your reference. As a resident and real estate professional in Boynton Beach, I am familiar with the Community Redevelopment Agency's goals to expand the city's access to the waterfront. The owners and I wanted to present this off-market acquisition opportunity to the CRA prior to bringing the property to the market. Combined with Harvey E. Oyer Jr. Park, this opportunity could expand the City's existing park, provide additional access to the waterfront and increase the amount of public marina slips available to the community and marine law enforcement. Current ownership plans to maintain a 60' wide parcel on the south side of the parcel, adjacent to the Seacrest Villas to provide a buffer to the 55+ community and to maintain a small piece of the waterfront as a future single-family homesite. The parcel for sale combined with the right of way adjacent to the Park is approximately 0.88 acres and would provide access to the cove and waterfront for marina/park use. We have great unsolicted offers for this rare property but would like to give the City/CRA the opportunity to evaluate prior to entertaining those offers or widely marketing for sale. The property has been in the same family since the 1950's and the owners would love to see it benefit the community. Please let me know if there is interest in discussing further. You can reach me on my cell phone below. I appreciate the attention to this extremely rare opportunity for The City of Boynton Beach. Best regards, Lauren Goebel Trend Realty 1264 2 832-788-8708 realestatetrendfinder@gmail.com 1265 1266 XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX X X X X X X X X X X X X X X X X X X X X X ////////////////146.70' (P)146.73' (M)´NEW PALM WAY15' W A L K (PLAT) OAK STREET LOT 13. H O M E S I T E (PLAT)PALM WAY (PLAT)R E S E R V E (PLAT) R E S E R V E (PLAT ) 15' W A L K (PLAT)PALM WAY(PLAT)L A K E W O R T H(PLAT)146.70' (P)375.00' (P) 375.00' (P) ONE STORY RESIDENCE # 670 ROW ABANDONMENT FUTURE PARK (WITH ROW ABANDONMENT) FUTURE PARK FUTURE HOME SITE NORTH 1267 A P P R A I S A L R E P O R T MULTI-FAMILY RESIDENTIAL ZONED LAND 670 OAK STREET BOYNTON BEACH, FLORIDA 33435 Entire Property & North 87 feet 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 June 13, 2025 1268 MBA in REAL ESTATE DEVELOPMENT & MANAGEMENT 7481 Northwest 4th Street, Plantation, FL 33317-2204 954/583-2116 vanceval@att.net June 13, 2025 Boynton Beach Community Redevelopment Agency 100 East Ocean Avenue Boynton Beach, FL 33435 RE: Multi-family zoned vacant land, 670 Oak Street, 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 opinions of market value for the fee simple estate in the referenced real property as of June 13, 2025. The report sets forth our value conclusions, along with data and reasoning supporting our value opinions. 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 opinions of market value of the appraised property, subject to definitions, certifications, and limiting conditions set forth in the attached report. ENTIRE APPRAISED PROPERTY (1.27 acres): $6,606,000 NORTH 87 FEET OF THE PROPERTY (0.75 acres): $3,515,000 (THIS LETTER MUST REMAIN ATTACHED TO THE REPORT WITH NINETY-FOUR (94) 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 1269 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 14 1-3-5 Mile Demographic Statistics 15 Zoning and Land Use Maps 17 Summary of Important Facts and Conclusions 19 Preface to Valuation 20 DESCRIPTIONS, ANALYSES, & CONCLUSIONS 21 Identity of Client and Intended User 22 Intended Use 22 Identification of Real Estate Appraised 22 Ownership 22 Property Address 22 Legal Description 22 Real Estate Tax Analysis 23 Market Area Description 24 Zoning 30 Site Description 32 Real Property Interest Appraised 33 Appraisal Purpose and Definition of Market Value 34 Effective Dates of the Appraisal and Report 35 Scope of the Work 35 Summary of Information Considered 36 Property History 36 Highest and Best Use 37 SALES COMPARISON APPROACH 41 Location Maps of Land Sales 42 Land Sales and photos 44 Land Sales Comparison & Adjustment Chart 62 Valuation by the Sales Comparison Approach 63 RECONCILIATION AND FINAL VALUE OPINION 68 Certification and Limiting Conditions 69 ADDENDA 71 Deed for appraised property 72 Sketches of survey for the appraised property 75 Bathymetric Survey 77 National Wetland Inventory Map 79 Building sketch of old house 80 “R-3” zoning ordinance 81 Parks information 83 USPAP Standards Rule 2-2a 86 Qualifications of the Appraisers 90 1270 INTRODUCTION 4 1271 DEPRECIATED HOUSE & GARAGE 2 CAR GARAGE 5 1272 SHED EAST ELEVATION OF HOUSE 6 1273 LOOKING EAST AT LAKE WORTH LOOKING EAST AT BEACH AREA 7 1274 LOOKING EAST AT CONCRETE PATIO CLOSER VIEW OF LAKE WORTH 8 1275 MULTI-FAMILY BUILDING TO SOUTH OF SUBJECT LOOKING SOUTH AT SUBJECT SEAWALL 9 1276 LOOKING NE @ NE CORNER OF SUBJECT PROPERTY LOOKING WEST AT SOUTH 60 FOOT STRIP OF SUBJECT 10 1277 SCREENED POOL LOOKING NW TOWARD ADJACENT PARK 11 1278 HARVEY E. OYER, JR. PARK APPRAISED PROPERTY LAKE WORTH 12 1279 CLOSER AERIAL VIEW OF THE APPRAISED PROPERTY 670 OAK STREET, BOYNTON BEACH, FL 13 1280 14 1281 Executive Summary 670 Oak St, Boynton Beach, Florida, 33435 4 Prepared by Esri 670 Oak St, Boynton Beach, Florida, 33435 Latitude: 26.54533 Rings: 1, 3, 5 mile radii Longitude: -80.05366 1 mile 3 miles 5 miles Population 2010 Population 11,515 71,339 165,110 2020 Population 13,173 82,315 188,209 2024 Population 13,403 85,087 193,893 2029 Population 14,247 87,685 198,148 2010-2020 Annual Rate 1.35%1.44%1.32% 2020-2024 Annual Rate 0.41%0.78%0.70% 2024-2029 Annual Rate 1.23%0.60%0.44% 2020 Male Population 47.4%47.9%48.2% 2020 Female Population 52.6%52.1%51.8% 2020 Median Age 44.5 43.0 43.4 2024 Male Population 48.0%48.5%48.7% 2024 Female Population 52.0%51.5%51.3% 2024 Median Age 44.7 43.3 43.8 In the identified area, the current year population is 193,893. In 2020, the Census count in the area was 188,209. The rate of change since 2020 was 0.70% annually. The five-year projection for the population in the area is 198,148 representing a change of 0.44% annually from 2024 to 2029. Currently, the population is 48.7% male and 51.3% female. Median Age The median age in this area is 43.8, compared to U.S. median age of 39.3. Race and Ethnicity 2024 White Alone 35.1%49.2%50.7% 2024 Black Alone 49.2%29.8%24.6% 2024 American Indian/Alaska Native Alone 0.5%0.5%1.2% 2024 Asian Alone 1.0%2.2%2.5% 2024 Pacific Islander Alone 0.0%0.0%0.0% 2024 Other Race 5.5%6.7%8.4% 2024 Two or More Races 8.7%11.6%12.5% 2024 Hispanic Origin (Any Race)14.8%19.6%23.8% Persons of Hispanic origin represent 23.8% of the population in the identified area compared to 19.6% 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 78.3 in the identified area, compared to 72.5 for the U.S. as a whole. Households 2024 Wealth Index 69 81 98 2010 Households 4,495 30,161 69,212 2020 Households 5,174 34,712 77,664 2024 Households 5,338 36,379 80,814 2029 Households 5,798 37,977 83,339 2010-2020 Annual Rate 1.42%1.42%1.16% 2020-2024 Annual Rate 0.74%1.11%0.94% 2024-2029 Annual Rate 1.67%0.86%0.62% 2024 Average Household Size 2.47 2.30 2.36 The household count in this area has changed from 77,664 in 2020 to 80,814 in the current year, a change of 0.94% annually. The five-year projection of households is 83,339, a change of 0.62% annually from the current year total. Average household size is currently 2.36, compared to 2.38 in the year 2020. The number of families in the current year is 46,226 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 2024 and 2029. Esri converted Census 2010 into 2020 geography and Census 2020 data. June 09, 2025 ©2025 Esri Page 1 of 2 15 1282 Executive Summary 670 Oak St, Boynton Beach, Florida, 33435 4 Prepared by Esri 670 Oak St, Boynton Beach, Florida, 33435 Latitude: 26.54533 Rings: 1, 3, 5 mile radii Longitude: -80.05366 1 mile 3 miles 5 miles Mortgage Income 2024 Percent of Income for Mortgage 40.7%33.3%34.5% Median Household Income 2024 Median Household Income $55,135 $67,785 $72,518 2029 Median Household Income $68,215 $80,565 $84,820 2024-2029 Annual Rate 4.35%3.51%3.18% Average Household Income 2024 Average Household Income $81,555 $94,576 $103,828 2029 Average Household Income $99,928 $113,408 $123,521 2024-2029 Annual Rate 4.15%3.70%3.53% Per Capita Income 2024 Per Capita Income $33,521 $40,544 $43,345 2029 Per Capita Income $42,211 $49,230 $52,029 2024-2029 Annual Rate 4.72%3.96%3.72% GINI Index 2024 Gini Index 42.2 39.8 39.8 Households by Income Current median household income is $72,518 in the area, compared to $79,068 for all U.S. households. Median household income is projected to be $84,820 in five years, compared to $91,442 all U.S. households. Current average household income is $103,828 in this area, compared to $113,185 for all U.S. households. Average household income is projected to be $123,521 in five years, compared to $130,581 for all U.S. households. Current per capita income is $43,345 in the area, compared to the U.S. per capita income of $43,829. The per capita income is projected to be $52,029 in five years, compared to $51,203 for all U.S. households. Housing 2024 Housing Affordability Index 60 74 71 2010 Total Housing Units 6,085 38,586 87,358 2010 Owner Occupied Housing Units 2,841 19,224 45,951 2010 Renter Occupied Housing Units 1,654 10,937 23,261 2010 Vacant Housing Units 1,590 8,425 18,146 2020 Total Housing Units 6,506 41,434 93,074 2020 Owner Occupied Housing Units 2,874 19,834 47,845 2020 Renter Occupied Housing Units 2,300 14,878 29,819 2020 Vacant Housing Units 1,341 6,706 15,379 2024 Total Housing Units 6,606 42,871 95,418 2024 Owner Occupied Housing Units 3,056 20,619 49,614 2024 Renter Occupied Housing Units 2,282 15,760 31,200 2024 Vacant Housing Units 1,268 6,492 14,604 2029 Total Housing Units 7,004 44,448 97,868 2029 Owner Occupied Housing Units 3,321 21,855 52,316 2029 Renter Occupied Housing Units 2,477 16,121 31,023 2029 Vacant Housing Units 1,206 6,471 14,529 Socioeconomic Status Index 2024 Socioeconomic Status Index 41.6 45.0 45.3 Currently, 52.0% of the 95,418 housing units in the area are owner occupied; 32.7%, renter occupied; and 15.3% are vacant. Currently, in the U.S., 57.9% of the housing units in the area are owner occupied; 32.1% are renter occupied; and 10.0% are vacant. In 2020, there were 93,074 housing units in the area and 16.5% vacant housing units. The annual rate of change in housing units since 2020 is 0.59%. Median home value in the area is $399,142, compared to a median home value of $355,577 for the U.S. In five years, median value is projected to change by 4.50% annually to $497,389. 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 2024 and 2029. Esri converted Census 2010 into 2020 geography and Census 2020 data. June 09, 2025 ©2025 Esri Page 2 of 2 16 1283 ZONING MAP APPRAISED PROPERTY LAND USE MAP APPRAISED PROPERTY 17 1284 LAND USE MAP APPRAISED PROPERTY CRA RECOMMENDED LAND USE MAP APPRAISED PROPERTY 18 1285 SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS PROPERTY APPRAISED: Vacant land 670 Oak Street Boynton Beach, FL 33435 OWNERSHIP: Deborah Canepa & Scott E. Picardy 641 Oak Street Boynton Beach, FL 33435 LAND AREA: Entire site is 55,046 square feet or 1.27acres North 87 ft of site contains 32,546 sq.ft. or 0.75 acres. South 60 feet of site contains 22,500 square feet. BUILDING IMPROVEMENTS: Depreciated improvements on the property do not contribute to its market value. ZONING: “R-3”, Multi-family Residential District in the city of Boynton Beach, FL LAND USE: “MEDR”, Medium Density Residential, 11 dwelling units per acre CRA DISTRICT: Federal Highway North. Recommended future land use: Medium Density Residential, 11 units per acre APPRAISAL PURPOSE: To develop opinions of market value INTEREST APPRAISED: Fee simple and all riparian rights CURRENT USE: Vacant HIGHEST AND BEST USE: Entire site: 13 dwelling units North 87 feet: 8 dwelling units VALUES BY THE SALES COMPARISON APPROACH: ENTIRE APPRAISED PROPERTY (1.27 acres): $6,606,000 NORTH 87 FEET OF THE PROPERTY (0.75 acres): $3,515,000 VALUATION DATE: June 13, 2025 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. 19 1286 PREFACE TO VALUATION The appraised property is located at 670 Oak Street, Boynton Beach, FL 33435, east of Federal Highway. The east border of the property is on Lake Worth, as can be noted in the photos and exhibits in the report. At the east end of the parcel is a depreciated single family residence that was constructed in 1958. The house is uninhabitable. The house, garage, shed, et cetera have no contributory value to property; hence, the property is valued as vacant. A buyer of the property would demolish and remove the improvements as part of the redevelopment of the tract. The subject parcel is part of an old plat which has been modified since first recorded. The sketch of survey cites the legal description and dimensions. The original dimensions of the tract were 400 feet east-west and 146.79 feet north-south. A 25 foot north-south strip of land was reserved to be Palm Way. The strip was not paved as a street; rather, the west 25 feet of the site became New Palm Way and deducted from the land size of the subject property. Currently, dimensions of the site are 375 feet by 146.79 feet = 55,046 square feet or 1.27 acres. Also noted on the sketch of survey is that the east 40 feet (on average) of the site are sand sloping into Lake Worth. There is an older seawall protecting the dryland from the lake. Zoning is “R-3”, Multi-family residential, 11 dwelling units per acre. Land Use is “MEDR”, Medium Density Residential, 11 units per acre. There are no immediate plans to increase the density. Prior use of the property as a single family residence is a permitted use in this district. The property owner intends to sell all or part of the subject property. The intended use of this appraisal is to develop opinions of value for all and part of the site to assist the Boynton Beach Community Redevelopment Agency (BB CRA) in determining if it will purchase all or part of the land concerned. The part of the property under consideration is the north 87 feet or 0.75 of an acre of the site. The property owner may retain the south 60 feet or 0.52 of an acre for a future single family residence. Adjacent to the north of the subject property is Harvey E. Oyer, Jr. Park used primarily for boating and fishing activities. Size of the park is approximately nine acres with submerged land leased from the State of Florida for docks in Lake Worth. The BB CRA is considering purchasing all or part of the appraised property for expansion of the park. The next sections of the appraisal detail information about the land in question, the market area and possible uses of the property. The Highest and Best Use section summarizes the findings and states the conclusion for the property. Further, a list of property strengths and weaknesses is included. 20 1287 DESCRIPTIONS, ANALYSES, CONCLUSIONS 21 1288 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 all or part the appraised property for expansion of the Harvey E. Oyer, Jr. Park adjacent to the north. 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: Deborah Canepa & Scott E. Picardy 641 Oak Street Boynton Beach, FL 33435 Property Address: 670 Oak Street Boynton Beach, FL 33435 Legal Description: Lengthy description – see complete description on subject deed in Addenda and on sketch of survey Census Tract No. 61 22 1289 APPRAISAL REPORT (continued) Real Estate Tax: Parcel Control Number: 08 43 45 15 06 002 0620 Entire appraised property Land Value: $2,227,806 Improvement Value: 73,097 Total Value in 2024: $2,300,903 Assessed Value in 2024: $2,300,903 Exemption Amount: - 0 - Taxable Value: $2,300,903 Ad Valorem Tax: $ 46,155 Non Ad Valorem Tax: 484 Total Tax: $ 46,639 Total Value 2023 $2,221,117 Assessed Value in 2023: $ 674,814 Exemption Amount: 50,000 Taxable Value: $ 624,814 Ad Valorem Tax: $ 12,815 Non Ad Valorem Tax: 428 Total Tax: $ 13,243 Real estate tax for 2024 is paid. There are no outstanding taxes for previous years. The change in property ownership in 2023 caused the exemptions to be removed and a new assessed value for the property. Hence, real estate tax jumped from $13,243 in 2023 to $46,639 in 2024 because the homestead exemption was lost. Going forward, the real estate tax can increase 10% per year as explained below. 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. 23 1290 APPRAISAL REPORT 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 can account for the difference between the Total Value of a property and the Assessed Value. Flood Zone: The appraised property is the Coastal Flood Plan, Zone “VE”, according to FEMA Map No. 12099C0791G. Zone “VE” is in a Special Flood Hazard Area. 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. 24 1291 APPRAISAL REPORT Agriculture and farming had been important activities in past centuries in Boynton Beach. Commerce came to the area when Henry Flagler extended the Florida East Coast (FEC) Railway from West Palm Beach to Miami in 1896. The railroad was the main mode of transportation to bring visitors and manufactured products to the town as well as transporting produce grown in the vicinity out of the area to other cities in the southeastern United States. Freight trains still run through the subject market area on the FEC tracts. Higher speed, passenger Brightline train runs along the FEC tract, but does not stop in Boynton Beach. There are 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. The subject market area is the Federal Highway North CRA district, which is north of the Downtown CRA District. The boundaries are the city limit to the north at about NE 26 Avenue, NE 7 Avenue to the south, Lake Worth to the east and Federal Highway to the west. The area is comprised of commercial properties along Federal Highway, older single family residences to the east, along with marinas, and more recent, upscale multi- family projects. Many properties fronting Lake Worth take advantage of the location and use their riparian rights to have boat dockage. Across the lake from the subject market area is the South Lake Worth/ Boynton Inlet providing direct access to the Atlantic Ocean. Boynton Beach Boulevard (east/ west) and Federal Highway (north/south) are the most heavily traveled arteries in the city. Federal Highway, also known as US Highway 1, is the main north-south artery through the city. It is also the main north-south artery through eastern Palm Beach County and extends along the eastern seaboard of the United States. Heavily trafficked Federal Highway is a catalyst to redevelopment of the market area, with over 2,300 residential dwelling units in five projects either built or planned. Road beautification projects enhanced the aesthetics of the market area. Most individual properties have shallow depths, inhibiting redevelopment of small parcels on their own. Hence, assemblages of adjacent properties and rezoning to mixed use are revitalizing the subject market area. 25 1292 APPRAISAL REPORT Primary east-west artery is Boynton Beach Boulevard, with Ocean Avenue to the south as a secondary thoroughfare. Boynton Beach Boulevard is the principal east-west artery in city, having interchanges with Interstate 95 and Florida’s Turnpike. Boynton Beach Boulevard commences in the east at US Highway 1, just to the east of the FEC Railroad. The boulevard continues west through Palm Beach County to its terminus at State Road 7/ U S Highway 441. To the northwest of the Downtown District and the Federal Highway North District is the Heart of Boynton District where the CRA has concentrated funds and effort into revitalizing the area with new housing options and upgraded streetscapes. The CRA has purchased numerous smaller properties to assemble larger sites for redevelopment of mixed use projects. Federal Highway North CRA contains two city parks oriented toward Lake Worth. Intracoastal Park at 2240 N Federal Highway contains about nine acres with a mangrove forest. This is a passive park for recreation rather than boating activities. Harvey E. Oyer, Jr. Park is at 2010 N Federal Highway, also containing about nine acres. Activities in this park are marine-oriented with a boat ramp, docks and fishing pier. Also there are a meeting facility, picnic tables and playgrounds. Information about the parks are in the Addenda. The appraised property is adjacent to the south of the Oyer Park. 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 2024 in the one-mile radius is $55,135, for three miles it is $67,785, and $72,518 for the five mile circle. Median household income for Palm Beach County is $81,115. In the one-mile circle, population is 13,403. In three miles, population increases to 85,087; at five miles, it is 193,893. However, about half 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 1.23%, with new multi-family residential complexes being constructed in central Boynton Beach. Annual growth rates in the three and five mile circles will be slower at 0.60% and 0.44%, respectively. 52% of the housing units are owner occupied, with 33% rented. 26 1293 APPRAISAL REPORT This percentage of renters is high for Palm Beach County because investors bought up houses during the real estate crash after 2008. 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 noted. Median home value in the five-mile area is $399,142 including the highly priced homes fronting the Atlantic Ocean and Intracoastal Waterway, compared to median home value of $355,577 in the United States. Economic Trends In South Florida, as in the rest of the United States, real estate prices climbed from 2003-2006. In 2007-2008, concerns were expressed about an unsustainable upward price trend in the market. Then, the economic collapse came in fall of 2008 along with 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 two year s due to the increase in interest rates and prices of building materials. Sales volumes in 2023 and 2024 were 75% lower than in 2022 across the real estate board. Some 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 and is influencing activity in each sub-district. The catalyst of the revitalization was in the Downtown District with 500 Ocean fronting Federal Highway, consisting of 341 residential units, 20,000 square feet of retail space and 6,000 square feet of office. Several other mixed-use projects are planned along Federal Highway such as Ocean One at 114 N Federal Highway which was finally approved for 371 apartments, 25,588 square feet of retail, and 450 parking spaces. Davis Camalier sold the site to Hyperion Group for $78.98 per square foot in December, 2021. Another Federal Highway project is comprised of thirteen parcels beginning at the northeast corner of North Federal Highway and SE 2 Avenue, then extending east. 27 1294 APPRAISAL REPORT 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. 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 purchase of 508 East Boynton Beach Boulevard. Th e 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 idle. 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 $115 per square foot of land. 28 1295 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 nearing completion 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 being 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. Construction is underway for 41 for-sale units, consisting of 19 single-family houses and 22 townhouses. Boynton Beach CRA acquired three of the four corner properties at the intersection of Federal Highway and MLK Boulevard (NE 10 Avenue) in the Federal Highway North district. The southwest corner is privately owned. The southeast corner is the most recent purchase in February, 2024 for $1,000,000 or $60.33 per square foot of land. The 16,575 square foot parcel is zoned “C-4”, Commercial. Old improvements were demolished and removed by the CRA. Boynton Beach CRA acquired the property at 401-411 E Boynton Beach Boulevard and demolished the old improvement. Plans are redevelop the site with a USPS Downtown Station to replace the retail service that will be closed at the USPS at 217 N Seacrest Boulevard. 29 1296 APPRAISAL REPORT 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 renaissanc e of the city. The subject market area has the components of an appealing neighborhood with schools, parks and recreation. It is easily accessible by main roads and Interstate 95. Goods and services are available on Boynton Beach Boulevard and US Highway 1. With the involvement of the City of Boynton Beach and the Community Redevelopment Agency, the Community Redevelopment Plan can continue to succeed in revitalizing the area. The transformation of the area is in progress. Although, development of real estate takes time and the right market conditions have to be present. Upward price trend for property in the subject market area should continue for the foreseeable future. Platting: The appraised land is part of an old plat. A new plat is probably required for current development. Land Use: Current Land Use is MEDR, Medium Density Residential, maximum density 11 dwelling units per acre. Recommended future land use by the BB CRA is also Medium Density Residential, 11 units per acre. (See zoning and land use maps.) Zoning: “R -3”, Medium Density Residential, 11 dwelling units per acre, with the purpose to implement the medium density residential future land use map classification of the comprehensive plan. Minimum lot area is 4,000 square feet per unit; minimum lot frontage is 100 feet. An excerpt from the “R-3” ordinance is in the Addenda. 30 1297 APPRAISAL REPORT Single family dwellings shall be constructed on lots that are no less than 6,000 square feet with a width of at least 60 feet and follow the building and site regulations of the “R -1”, Single Family District. Duplex use shall conform to “R-2” regulations, with a minimum lot size of 4,500 square feet per unit. The size of the entire appraised property is 1.27 acres with a width of 146.79 feet, which meets the minimum standards for development in the “R-3” district. The Planning official stated that gross acreage is measured from lot line to lot line. For the entire subject site, the number of permitted units would be 13. If the south 60 feet were retained by the owner, the size of the subject would be 0.75 of an acre with a width of 87 feet. Maximum number of permitted units would be 8. Permitted uses in the “R-3” district include: single family, duplex, multi-family, townhouse, home -based business. The following may be permitted in a “CDO”, Cultural District Overlay: restaurant, personal care facility, business office, gymnasium, theatre, et cetera. Boynton Beach Planning officials stated that the subject property is not in a CDO and those uses would not be permitted on the appraised property. Further, a stand-alone parking garage or lot is not permitted in the “R-3” district. Note: In the Recreation zoning district, restaurant may be permitted as an accessary use. Thus, if the property were rezoned to Recreation and tied to the park by Unity of Title, a restaurant might be permitted on the subject tract. 31 1298 APPRAISAL REPORT Site Description: The shape of the entire site and the north 87 feet is a rectangular. Dimensions are from the sketches of survey included in the Addenda. Entire site: North boundary on Oak Street & walk: 375.00 feet East boundary on Lake Worth: 146.79 feet S boundary on adjacent property: 375.00 feet West boundary on New Palm Way: 146.79 feet Land size is 55,046 square feet or 1.27 acres. North 87 feet of site: North boundary on Oak Street & walk : 375.00 feet East boundary on Lake Worth: 86.79 feet S boundary on south section of subject: 375.00 feet West boundary on New Palm Way: 86.79 feet Land size is 32,546 square feet or 0.52 of an acre. Utilities: All utilities are available to the site. Access: The site is accessible via Oak Street, a two-laned local road. There are streetlights, but no sidewalks. Oak Street intersects with Federal Highway at its western terminus. The parcel is also accessible via New Palm Way, a two-laned local road. As mentioned, Palm Way was moved from within the boundaries of the subject to its western border to become New Palm Way. Easements: Easements are not noted on the sketch of survey. If they exist, utility easements would be most probably be close to the old house. 32 1299 APPRAISAL REPORT Submerged Land: Approximately, the east 40 feet (on average) of the land concerned is submerged. The depth fluctuates with the tide. A bathymetric survey (in Addenda) shows the submerged portion of the subject with depths from zero to four feet. About 11% of the entire subject sit is submerged (89% upland). The dry land is separated from the water via a seawall. Condition of the seawall is unknown and probably dates back to the 1950s when the house was constructed. The National Wetland Inventory Map (in Addenda) identifies this portion of the site as Estuarine and Marine Deepwater, subject to regulations governing development in this type of wetland. This designation is standard for most of the submerged land in Lake Worth and the Intracoastal Waterway. Improvement Description: Depreciated improvements have no contributory value to the highest and best use of the property. Building sketch is in the Addenda. Environmental Assessment: No assessment was available for review. 2-2(a) (v) State the real property interest appraised; A person who owns all the property rights is said to have fee simple title. A fee simple title implies absolute ownership unencumbered by any other interest or estate. Partial interests in real estate are created by selling, leasing, et cetera. Partial estates include leased fee and leasehold estates. The interest appraised is fee simple and all riparian rights. Riparian rights are those incident to land bordering navigable waters, meaning the upland property extends to the normal high-water line. Riparian rights in Florida are rights of ingress, egress, boating, bathing, fishing, et cetera. Also included is the right of an unobstructed view of the adjoining water. They cannot be separated from the riparian land. 33 1300 APPRAISAL REPORT 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 opinions of market value of the subject property as of June 13, 2025. 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. * 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)] 34 1301 APPRAISAL REPORT 2-2(a)(vii) State the effective date of the appraisal and the date of the report; A) Effective Date of the Appraisal: June 13, 2025 B) Date of the Report: June 13, 2025 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 CoStar Group, Loopnet, Realquest, 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. 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 35 1302 APPRAISAL REPORT For Sales Comparison Approach, land sales are compared to each other and to the site under appraisement to arrive at an opinion of value for the fee simple interest. Adjustments are made to the sales for difference in elements of comparison affecting price. 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 there are no building structures on the site that have any 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. SR 1-5 When the value opinion to be developed is market value, if such information is available in the normal course of business: a) analyze all agreements of sale, options, or listings of the subject property current as of the effective date of the appraisal; There are no known sales agreements or options as of the effective date of appraisal. The entire property is reportedly offered to the BB CRA for a purchase price of $6,000,000; however, no listing document is available for review. The asking price is close to the appraised value. The thorough search for comparable sales results in the more accurate value of the subject property. b) analyze all sales of the subject property that occurred within the three (3) years prior to the effective date of the appraisal. There was a deed of trust recorded in July, 2001; however, it was not an arm’s length transaction. A copy of the deed is in the Addenda. The last transfer of ownership was by quit claim deed in September, 2023. It was not an arm’s length sale; however, the change of ownership caused the loss of exemptions and the aforementioned significant increase in real estate tax. 36 1303 APPRAISAL REPORT 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, and it is this use which is reflected in the appraisal. No personal property is included in the valuation. 2-2(a)(xii) When an opinion of highest and best use was developed by the appraiser, state that opinion and summarize the support and rationale for that opinion; HIGHEST AND BEST USE OF THE PROPERTY AS VACANT Physically Possible as Vacant No soil or subsoil tests are available for review. The land borders Lake Worth/ Intracoastal Waterway, separated by an old seawall. Tests are necessary to determine if reinforcements are necessary for the foundations of structures to be constructed on the site. The dry land is approximately 89% of the site; submerged land is about 11%. The dry land is relatively level and filled to street grade; although, the type of fill is not known. The appraised site is part of an old plat that probably requires replatting to modern standards. Total land size is 1.27 acres; north 87 feet of the site contains 0.75 of an acre. Frontage to depth ratio for the entire parcel is 0.39:1; the ratio for the north 87 feet is reduced to 0.23:1. The significance of this ratio is that the greater the frontage, the more of the water is in view. The tract is accessible via two local roads. All utilities are available to the s ite. Physical constraint to develop the site is its size which governs the number and size of potential buildings which can be placed on it. 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. Zoning is “R-3”, Residential Multi-family. Minimum lot area is 4,000 square feet per unit; minimum lot frontage is 100 feet. The entire subject size is 55,046 square feet, with a 147 foot width. 37 1304 HIGHEST AND BEST USE OF THE PROPERTY AS VACANT Subject size is standard for the “R-3” district. However, city officials determine permitted uses. Future land use is “MEDR”, Medium Density Residential, 11 dwelling units per acre. Recommended land use by the BB CRA is the same. Using the gross size of the entire site, possible use would be 13 dwelling unit. Using the north 0.75 of an acre of the site, possible use would be 8 dwelling units. As discussed, restaurant and stand-alone parking facility are not permitted in this section of the “R-3” zoning district. Again, city officials make that determination. 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 Federal Highway North CRA district is built out with commercial properties along the highway, with most marine based uses such as repair/ service marina, boat storage marinas (both dry-stack and in water), marine provisions, et cetera. Residential properties include dry-land single family houses, multi-family complexes, and properties on canals with deep-water access. Any developable site on the water has a structure on it. There are some parcels which are environmentally sensitive and cannot be developed. The appraised property was improved in 1958. Most of that age have been razed to make way for more recent projects. To the south of the subject is a complex constructed in the 1970s. There are many other multi-family or townhouse projects on the east side of Federal Highway that extend to Lake Worth and use their riparian right for dockage. The subject market area and surrounding areas have been built-out for years. If a property became available for redevelopment, a builder would purchase it and construct as many units as permitted oriented toward the lake and obtain permits to construct docks. The new product would be quickly absorbed by the market. The Harvey E. Oyer, Jr. Park is to the north with a boat launch and docks of its own. The Boynton Inlet to the Atlantic Ocean is across Lake Work. The location is ideal for a boater to purchase a dwelling unit there. 38 1305 HIGHEST AND BEST USE OF THE PROPERTY AS VACANT The most probable buyer is a local developer who wants to construct a multi- family or townhouse project on Lake Worth. Time for development is now with no competition from a new project on Lake Worth or other cities in the vicinity. Maximally Productive as Vacant In summary, the Highest and Best Use of the entire land in question is to be developed with the maximum number of dwellings allowed on the site and use the riparian rights for docks on Lake Worth. Such use would be physically possible, probably legally permissible, financially feasible and maximally productive. Maximally productive use of the north 87 feet of the site is the same as the entire site; however, the number of units would be less and the frontage to depth ratio is reduced. STRENGTHS AND WEAKNESSES OF THE SUBJECT PROPERTY Following is a brief summary of the high and low points of the appraised land. STRENGTHS • Very few vacant parcels of any type zoning on major waterways, especially permitting multi-family use • Size of entire site is sufficient to attract a developer • Size large enough for a marketable project • Land fronts Lake Worth, with dockage possible • Boynton Inlet in close proximity • Frontage to depth ratio is in the lower range, but workable WEAKNESSES • Land probably requires replatting • New seawall and cap are needed • Reduced privacy next to a park • Reduced privacy next to a four-story multi-family complex • Surrounding neighborhood is improved with older houses 39 1306 • If the site is subdivided, frontage to depth ratio is reduced • Subdividing site reduces number of dwelling units possible and less attractive to a developer • Subdividing land would reduce amenities offered in the complex and make project less marketable 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. 40 1307 SALES COMPARISON APPROACH LAND VALUATION 41 1308 42 1309 43 1310 VACANT LAND SALES SALE NO. 1 LEGAL DESCRIPTION Lot 12, SOUTH PALM PARK, Plat Book 11, page 6, Palm Beach County, FL RECORDED O.R. Book 34653, page 1906, Palm Beach County, FL GRANTOR Middleit LLC GRANTEE Peter Silberstein, et al DATE OF SALE October 30, 2023 LOCATION 3 18th Avenue South Lake Worth Beach, FL DESCRIPTION Land Size of entire site: 14,810 square feet 0.34 acres Land Size of dryland: 12,600 square feet 85% of site Zoning: “SFR”, Single family residential Permitted Density: one unit per lot Possible no. of units on site: one Platted: Yes Use at sale: Vacant Intended Use: Single family residential SALE PRICE $1,650,000 UNITS OF COMPARISON $111.41 per square foot of entire site Frontage to Depth Ratio: 0.25:1 PARCEL CONTROL NUMBER 38 43 44 34 05 000 0120 CONDITIONS OF SALE Arm’s length transaction. Cash sale. CONFIRMED Office of closing attorney Jeffrey D. Levy COMMENTS Prior sale on March 21, 2023 for $1,400,000. Price increase between two dates of sale is 2.55% per month, annualized to 30.62%. Currently listed for sale at a price of $2,400,000. 44 1311 AERIAL VIEW OF LAND SALE 1 3 18TH AVENUE SOUTH LAKE WORTH BEACH, FLORIDA 45 1312 LAND SALE 1 3 18TH AVENUE SOUTH LAKE WORTH BEACH, FL 46 1313 VACANT LAND SALES SALE NO. 2 LEGAL DESCRIPTION A parcel of land lying in Government Lot 4, Section 35, Township 40 South, Range 42 East, Palm Beach County, FL. Full description on acquiring deed in the appraisers’ file. RECORDED O. R. Book 35508, page 1500, Palm Beach County, FL GRANTOR Donald Goering GRANTEE Timothy Elliott, et al DATE OF SALE January 16, 2025 LOCATION 5524 Pennock Point Road Unincorporated Palm Beach County, FL DESCRIPTION Land Size of entire site: 43,200 square feet one acre Land Size of dryland: 31,212 square feet 72% of site Zoning: “RS”, Single Family Residential Permitted Density: one unit per lot Possible no. of units on site: one Platted: No Use at sale: Old single family residence Intended Use: New single family residence SALE PRICE $6,400,000 UNITS OF COMPARISON $148.15 per square foot of entire site Frontage to Depth Ratio: 0.27:1 PARCEL CONTROL NUMBER: 00 42 40 35 01 004 0010 CONDITIONS OF SALE Arm’s length transaction. Cash sale. CONFIRMED Office of closing attorney Scott L. McMullen COMMENTS Grantee demolished the house and swimming pool after purchase. Property is located on the Southwest Fork of the Loxahatchee River which leads east to the Intracoastal Waterway and Jupiter Inlet to the Atlantic Ocean. 47 1314 AERIAL VIEW OF LAND SALE 2 5524 PENNOCK POINT ROAD PALM BEACH COUNTY, FLORIDA 48 1315 LAND SALE 2 5524 PENNOCK POINT ROAD PALM BEACH COUNTY, FL 49 1316 VACANT LAND SALES SALE NO. 3 LEGAL DESCRIPTION A parcel of land lying in Government Lots 4 and 5, Section 35, Township 40 South, Range 42 East, Palm Beach County, FL. Full description on acquiring deed in the appraisers’ file. RECORDED O. R. Book 35772, page 642, Palm Beach County, FL GRANTOR Pennock Point Estates LLC GRANTEE Lendalk Properties LLC DATE OF SALE May 25 , 2025 LOCATION 5548 Pennock Point Road Unincorporated Palm Beach County, FL DESCRIPTION Land Size of entire site: 51,000 square feet 1.17 acre Land Size of dryland: 37,897 square feet 72% of site Zoning: “RS”, Single Family Residential Permitted Density: one unit per lot Possible no. of units on site: one Platted: No Use at sale: Vacant Intended Use: New single family residence SALE PRICE $6,500,000 UNITS OF COMPARISON $127.45 per square foot of entire site Frontage to Depth Ratio: 0.20:1 PARCEL CONTROL NUMBER: 00 42 40 35 01 004 0050 CONDITIONS OF SALE Arm’s length transaction. Cash sale. CONFIRMED Office of closing attorney Allison R. Percy COMMENTS Property is located on the Southwest Fork of the Loxahatchee River which leads east to the Intracoastal Waterway and Jupiter Inlet to the Atlantic Ocean. Prior sale on May 5, 2023 for $5,546,110. Price increase between dates of sale is 9% per year. 50 1317 AERIAL VIEW OF LAND SALE 3 5548 PENNOCK POINT ROAD PALM BEACH COUNTY, FLORIDA 51 1318 LAND SALE 3 5548 PENNOCK POINT ROAD PALM BEACH COUNTY, FL 52 1319 VACANT LAND SALES SALE NO. 4 LEGAL DESCRIPTION Lots 6 and 7, Block 5, POMPANO BEACH PARK, Plat Book 21, page 20, Broward County, FL RECORDED Instrument No. 119560470, Broward County, FL GRANTOR 113 S Riverside Drive LLC, et al GRANTEE River Dev LLC DATE OF SALE May 1, 2024 LOCATION 117 South Riverside Drive Pompano Beach, FL DESCRIPTION Land Size of entire site: 18,000 square feet 0.41acres Land Size of dryland: 18,000 square feet 100% of site Zoning: “RM-45”, Residential Multi-family, 45 units/ acre Permitted Density: 45 units Possible no. of units on site: 19 units Platted: Yes Use at sale: Vacant Intended Use: Multi-family, 45 units/ acre SALE PRICE $3,500,000 UNITS OF COMPARISON $194.44 per square foot of entire site Frontage to Depth Ratio: 80% FOLIO NUMBER 49 43 06 11 0500 CONDITIONS OF SALE Arm’s length transaction. Cash sale. CONFIRMED Office of closing attorney Alejandro E. Jordan COMMENTS Site located just south of Atlantic Boulevard in Pompano Beach, a commercial area. 53 1320 AERIAL VIEW OF LAND SALE 4 117 SOUTH REVERSIDE DRIVE POMPANO BEACH, FLORIDA 54 1321 LAND SALE 4 117 SOUTH RIVERSIDE DRIVE POMPANO BEACH, FL 55 1322 VACANT LAND SALES SALE NO. 5 LEGAL DESCRIPTION Lots 5, 6, 7 and 8, SURFSIDE VILLAS AMENDED PLAT OF PARCEL NO. 4, Plat Book 27, page 35, Broward County, FL RECORDED Instrument No. 118070233, Broward County, FL GRANTOR Riverside North Developers LLC, et al GRANTEE Entourage Florida Development LLC DATE OF SALE April 7, 2022 LOCATION 407 North Riverside Drive Pompano Beach, FL DESCRIPTION Land Size of entire site: 40,753 square feet 0.94acres Land Size of dryland: 40,753 square feet 100% of site Zoning: “RM-45”, Residential Multi-family, 45 units/ acre Permitted Density: 45 units Possible no. of units on site: 42 units Platted: Yes Use at sale: Multi-family residential 23 units Intended Use: Multi-family, 45 units/ acre SALE PRICE $9,300,000 UNITS OF COMPARISON $228.20 per square foot of entire site Frontage to Depth Ratio: 55% FOLIO NUMBER 48 43 31 13 0060 CONDITIONS OF SALE Arm’s length transaction. Cash sale. CONFIRMED Office of closing attorney Edward Gusky COMMENTS Site located north of Atlantic Boulevard in Pompano Beach area. At sale, the property was improved with 23 unit apartment building. Grantee demolished the building. New project is 42 condo units called Entourage in the Sun. 56 1323 AERIAL VIEW AT SALE FOR LAND SALE 5 407 NORTH RIVERSIDE DRIVE POMPANO BEACH, FLORIDA AERIAL VIEW JUNE, 2025 407 NORTH RIVERSIDE DRIVE POMPANO BEACH, FLORIDA 57 1324 LAND SALE 5 407 NORTH RIVERSIDE DRIVE POMPANO BEACH, FL 58 1325 VACANT LAND SALES SALE NO. 6 LEGAL DESCRIPTION Lot 63 and the south 30.67 feet of Lot 62, WAHOO NO. 2, Plat Book 7, page 49, Broward County, FL RECORDED Instrument No. 119122977, Broward County, FL GRANTOR Luna North LLC GRANTEE SAAS 4524 Seagrape Lender LLC DATE OF SALE September 15, 2023 LOCATION 1601 North Riverside Drive Pompano Beach, FL DESCRIPTION Land Size of entire site: 14,892 square feet 0.34acres Land Size of dryland: 14,892 square feet 100% of site Zoning: “RM-45”, Residential Multi-family, 45 units/ acre Permitted Density: 45 units Possible no. of units on site: 15 units Platted: Yes Use at sale: Vacant Intended Use: Multi-family, 45 units/ acre SALE PRICE $2,300,000 UNITS OF COMPARISON $154.45 per square foot of entire site Frontage to Depth Ratio: 52% FOLIO NUMBER 48 43 30 03 0450 CONDITIONS OF SALE Arm’s length transaction. Cash sale. CONFIRMED Office of closing attorney at JW Law Firm COMMENTS Site located north of Atlantic Boulevard in Pompano Beach area. Prior sale on February 9, 2022 for $1,700,000. Price increase between date of sale is annualized to 22%. 59 1326 AERIAL VIEW OF LAND SALE 6 1601 NORTH RIVERSIDE DRIVE POMPANO BEACH FLORIDA 60 1327 LAND SALE 6 1601 NORTH RIVERSIDE DRIVE POMPANO BEACH, FL 61 1328 LAND SALE COMPARISON & ADJUSTMENT CHART Transactional Adjustments P r o p e r t y A d j u s t m e n t LAND SALE PRICE SALE LAND SIZE % Dry ZONING UNITS Market Conditions Adjusted Price Frontage to Platted Seawall Overall SALE $/Sq.Ft.DATE Sq.Ft. (All)Land DENSITY Possible 5%/Year for Market Conditions Depth Ratio Land & Cap Adiustment 1 3 18th Avenue South $1,650,000 10.30.2023 14,810 0.85 "SFR"1 $130,350 $1,780,350 0.25:1 Yes Yes Superior Lake Worth Beach, Florida $111.41 1 Unit/Lot Inferior + 7.9%$120.21 Inferior Superior Superior 2 5524 Pennock Point Road $6,400,000 1.16.2025 43,200 0.72 "RS"1 $133,120 $6,533,120 0.27:1 No No Similar Unincorp. Palm Beach County, Florida $148.15 1 Unit/Lot Inferior + 2.08%$151.23 Inferior Similar Similar 3 5548 Pennock Point Road $6,500,000 5.25.2025 51,000 0.72 "RS"1 $0 $6,500,000 0.20:1 No Yes Similar Unincorp, Palm Beach County, Florida $127.45 1 Unit/Lot Equal $127.45 Inferior Similar Superior 4 117 South Riverside Drive $3,500,000 5.1.2024 18,000 1.00 "RM-45"19 $177,800 $3,677,800 0.80:1 Yes Yes Superior Pompano Beach, Florida $194.44 45 Units/AC Inferior 5.08%$204.32 Superior Superior Superior 5 407 North Riverside Drive $9,300,000 4.7.2022 40,753 1.00 "RM-45"42 $1,474,050 $10,774,050 0.55:1 Yes Yes Superior Pompano Beach, Florida $228.20 45 Units/AC Inferior + 15.85%$264.37 Superior Superior Superior 6 1601 North Riverside Drive $2,300,000 9.15.2023 14,892 1.00 "RM-45"15 $201,250 $2,501,250 0.52:1 Yes Yes Superior Pompano Beach, Florida $154.45 45 Units/AC Inferior + 8.75%$167.96 Superior Superior Superior SUBJECT 670 Oak Street 6.13.2025 55,046 0.89 "R-3"13 -----'''''0.39:1 Old Old Boynton Beach, FL 11 units/Ac 62 1329 SALES COMPARISON APPROACH LAND VALUATION OVERVIEW Of the several methods to develop an opinion of land value, the one considered to be the most reliable is the Sales Comparison Approach. In this method, sales of other similar vacant parcels are compared to the site concerned; then adjusted for differences to arrive at land value The steps of Sales Comparison in Land Valuation are: 1) Locate and collect information of recent sales of sites most similar to the land being appraised. 2) Verify the sales information with the most reliable sources, including details of financing and any special considerations or non-typical market features. 3) Select relevant units of comparison and develop a comparative analysis. 4) Compare and adjust the sales to the subject using significant, market-derived units of comparison. 5) Reconcile all value indications from the comparisons into a value opinion by this approach. In this section of the appraisal, the entire subject parcel is valued initially. Following, the north 87 foot portion is valued. The entire appraised tract contains 55,046 square feet; located at 670 Oak Street, Boynton Beach, FL. The site fronts Lake Worth. Zoning is “R-3”, Residential Multi- family, 11dwelling units per acre. A meticulous search was made to find recent transactions of sites which would provide indications of value for the appraised land. The search covered the east coast of Florida from Broward County on the south to Martin County on the north, focusing on Palm Beach County. The demand for waterfront property is strong, with very few vacant sites available for sale. Most come about by the razing of old improvements to make way for a new one. Large sections of waterfront property are environmentally sensitive and cannot be developed, thus reducing the supply. Few sales occurred during the past few years, with most zoned for single family use. Some of these sales were in market areas where the sale prices of the surrounding houses were at the top level of home prices and not the same type market area as the subject’s with a small, older houses, parks, multi-family buildings, marinas and commercial properties. The extensive search revealed there were no sales of “R-3” type zonings permitting low-medium density of units in the 10 to 20 dwellings per acre. Properties in this category had increases in density to allow more waterfront units which have greater market appeal. The sales found are in two categories: single family residential and high density multi-family. The data found are used to develop opinions of value for the land under appraisement. With the diversity of property types, qualitative analysis is used in this valuation section with rating the elements of comparison of the sales as superior, similar or inferior to the subject’s characteristics. (Continued) 63 1330 SALES COMPARISON APPROACH (Continued) Of the sales reviewed, six of the most relevant transactions are included in this analysis. Details of the sales are on individual land sales sheets and the Land Sales Comparison & Adjustment Chart in the report. A unit of comparison used by buyers and sellers of this type land is the Sale Price per Square Foot of Land. The range of unit prices of the land sales used (before adjustments) is from $111.41 to $228.20 per square foot. ELEMENTS OF COMPARISON Elements of comparison are the characteristics of transactions and properties that cause variation in prices paid for real estate. The Appraisal of Real Estate states that there are several basic elements of comparison to consider in sales comparison analysis for land valuation. The first group is termed transactional elements being: real property rights conveyed, financing terms, conditions of sale and market conditions. Adjustments for transactional elements are made, then, attention is focused on the second group, property elements. This second group of property elements consists of location, physical characteristics and use. The relevant elements are hereafter discussed. Real Property Rights Conveyed A transaction price is always predicated on the real property interest conveyed. Property interests conveyed can either be fee simple (without tenants) or leased fee (subject to leases). An adjustment for property rights conveyed is based on whether a leased fee interest was sold with leases at, below, or above market rent. The interest valued for the subject property is fee simple with riparian rights. The land sales were all conveyances of fee simple interests with riparian rights. None of the sales had easements which were significant enough to affect the price. No adjustment is necessary for this element of comparison. Financing Terms Financing terms may have a bearing on the price paid for a property. Such terms that may affect price include assuming a mortgage at lower than current interest rates, the seller paying a buydown for the buyer to have a lower interest rate, or the seller providing financing for a transaction at lower than typical institutional rates. In all of these cases, the buyer could have paid higher prices in such transactions to obtain favorable financing. The reverse is also a possibility in which lower sale prices result from above market financing. All of the land sales were in cash, the most common means of purchase for vacant land. No adjustment is required for this element of comparison. (Continued) 64 1331 SALES COMPARISON APPROACH (Continued) Conditions of Sale Condition of sale addresses the motivation of buyers and sellers. Such motivations include a seller accepting a lower than market price for needed cash, a lender selling a previously foreclosed property to comply with regulations imposed on the institution, or a buyer purchasing an adjacent property. Even arm's length transactions may be the result of atypical motivation, such as lack of exposure time to the market, the result of an eminent domain proceeding, or tax consideration. None of the land sales are transactions by lenders after foreclosures of prior mortgages on the properties. Each of the land sales was exposed to the open market for a reasonable time. The buyers had specific uses in mind when the purchases were made. Conditions of sale for the comparables are typical for the market. No adjustment is necessary for this element of comparison. Market Conditions Comparable sales that occurred under different market conditions than those applicable to the subject on the effective date of the value estimate require adjustment for any differences that affect their value. The most common adjustment for market condition is time; however, the passage of time itself is not the cause of the adjustment. Market conditions which change over time are the reason to make the adjustment, such as appreciation or depreciation due to building inventory, changes in tax laws, investor's criteria, building moratoriums, fluctuation in supply and demand, et cetera. It is also possible that there is no change in market condition over time. Two of the sales occurred in 2025, one in 2024, two in 2023 and one in 2022. Some properties have had a significant increase in price during the past few years. Such increases are characteristic of the market due in part to scarcity of properties for sale and lack of land for more building. The high percentage of increase may not be representative of the price trend going forward with the looming concern of inflation and projected increase in price of building materials. Land Sale 1 had a quick sale-resale in 2023 showing a price increase of 31% in seven months. The property is again for sale at an elevated price, with no buyer. Land Sale 3 had a sale-resale indicating a price increase of 9% per year during a two year period. Sale-resale of No. 6 shows a 22% increase during a short time period. Considering the various market indicators, a moderate upward trend of 5% per annum is applied to the sale prices. Hence, 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 have been considered to the sales for transactional elements of comparison. Next, adjustments for property elements of comparison are considered. (Continued) 65 1332 SALES COMPARISON APPROACH (Continued) Location The location of a property is a key factor in prompting a buyer to purchase it. Location encompasses many aspects such as road frontage, access, proximity to other competing properties, proximity to a market that will use the goods and services housed in a property, governmental influences, average daily traffic flow, etc. Typically, properties in a neighborhood share some of the same locational characteristics such as age, condition, and style. The appraised land borders Lake Worth and the Intracoastal Waterway; it is across the lake from the Boynton Inlet to the Atlantic Ocean. All of the land sales front major waterways and have riparian rights. Land Sale 1 is the closest geographically to the subject and most similar in market area of a mix of property types. There are commercial properties on Federal Highway, older single family houses on dry lots and a few upscale houses fronting Lake Worth. Land Sales 2 and 3 border the Southwest Fork of the Loxahatchee River which travels east a short distance to the Jupiter Inlet to the Atlantic Ocean. The market area for Sales 2 and 3 are dry lot single family houses and waterfront homes bordering the river. Land Sales 1, 2 and 3 are in zoning districts that permit only single family residential use, one dwelling per lot. Land Sales 4, 5 and 6 are located in Broward County, fronting the east side of the Intracoastal Waterway. Zoning for the three sales is RM-45, medium high density, 45 dwelling units per acre. As mentioned, density was less intense for these type properties in the past. Then, the city of Pompano Beach increased the density to accommodate the demand for waterfront dwellings. Land Sale 5 is an example of an old style apartment building of 23 units razed to redevelop the site with a mid-rise complex of 42 units. The market area for Sales 4, 5 and 6 is multi-family projects ranging from 60 years old to new construction, old houses on dry lots and commercial uses on the main streets. Land Sales 1, 2 and 3 as a group have lower prices per square foot. Sales 4, 5 and 6 have higher unit prices as expected. However, they are in a relatively close range when viewing the entire array of unit prices for luxury houses and very high density projects. The appraised land has more in common with Nos. 4, 5 and 6, but cannot produce the yield to the land that the sales can. The common feature for all of the properties is the waterfront location which is in high demand. 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, topogra phy, view, access, functional utility, degree of readiness for development, et cetera. Adjustments for physical characteristics are best derived from the market by paired sales comparison. Through the process of searching for comparable sales, the physical characteristics are of great import. From the universe of possible comparable sales, those that are most similar to the site appraised are presented in the report for analysis and comparison to the subject. The lesser the number of physical differences, the better. (Continued) 66 1333 SALES COMPARISON APPROACH (Continued) Physical characteristics is the element of comparison that most affects price in this category of property. As mentioned, all of the sites are waterfront; however, the subject and Land Sales 1, 2 and 3 are partially submerged. The subject is about 89% dry, with No. 1 at about 85% dry. Sales 2 and 3 have greater submerged areas, with upland being 72%. In Broward County, the Intracoastal Waterway sets the bordering properties’ limits, making 100% of the sites upland. Greater percentage of upland increases the buildable area of the site and its price. Three significant aspects of the sales’ physical characteristics are frontage to depth ratio, platted land, and seawall and cap. As mentioned a greater frontage to depth ratio is indicative of more land facing the water for better view. The entire subject site has a ratio of 0.39:1. Land Sales 1, 2 and 3 are inferior to the subject with ratios of 0.20:1 to 0.27:1. These sales are long and narrow in shape. Sales 4, 5 and 6 have ratios of 0.52:1 to 0.80:1, superior to the subject. More frontage on the waterway increase visibility of activity there. The land in question is part of an old plat which most probably has to be updated or replatted before the site can be redeveloped. Platting is a key factor in stage of readiness for development, costing time and money to the property owner to accomplish. Land Sales 1, 4, 5 and 6 are platted and superior to Sales 2, 3 and the subject. The subject has an old seawall that would be replaced in construction of a project on the site. All of the sales except No. 2 have seawall and cap. They are superior to the Sale 2 and the subject. Sale 2 is similar to the subject in requiring a new security barrier. Cost of a seawall and cap varies, with an average price of about $1,000 per lineal foot for a substantial one fronting a major waterway. The ratings of the sales are shown on the Land Sales Comparison and Adjustment Chart. Use For sites to be comparable, they should have similar uses. The highest and best use for the appraised property is medium density residential, 11 units per acre. The land sales are in two groups of different densities than the subject, but are the market data that is available to compare to the subject. The common characteristic of the properties is that they all have a residential highest and best use. Hence, no adjustment is made for this element of comparison. (Continued) 67 1334 SALES COMPARISON APPROACH (Continued) FINAL VALUATION The land sales are arrayed according to their overall adjustment toward the appraised property. Land Sale No. Overall Adjustment Adjusted Price/ SF 3 Similar $127.45 2 Similar $151.23 1 Superior $120.21 6 Superior $167.96 4 Superior $204.32 5 Superior $264.37 The adjusted unit prices for Land Sales 1 and 3 are close, with Sale 2 out of their range. More weight is placed on the Sales with the more similar adjusted unit prices. Sales 4, 5 and 6 are less superior to the subject and set the upper limit of the total range. No. 5 has the highest adjusted unit price, as it is the larger of these three sales and is under construction with a new high density project. The highest and best use of the appraised land is medium density; however, the specific use is uncertain. Considering all of the foregoing discussion, the unit value for the entire subject site is $120.00 per square foot. The quantity of the comparable data is sufficient to have an overview of the market for residentially zoned, waterfront land similar enough to the appraised parcel. The quality of the data is good in that it provides a sound basis to develop opinions of value for the land under appraisement. Based on the analysis and conclusions presented within the report, it is our opinion that the Market Value of the Fee Simple Estate of the entire Subject Property as of June 13, 2025 is: 55,046 square feet x $120.00 per square foot = (rounded to) VALUE BY SALE COMPARISON APPROACH $6,606,000 SIX MILLION SIX HUNDRED SIX THOUSAND DOLLARS Subdividing the entire site into sections of north 87 feet and south 60 feet, causes the north part to have a reduced frontage to depth ratio of 0.23:1. Further, as listed under weaknesses of the property, subdividing the site reduces the number of dwelling units possible and makes the tract less attractive for a developer to purchase. Also, subdividing the parcel would reduce the amenities that would be offered in the complex and reduce the price of a unit. For all of these reasons, the unit value for the north 87 feet is 10% less than the unit value for the entire site. Unit value for the north 87 feet is $108.00 per square foot. 32,546 square feet x $108.00 per square foot = (rounded to) VALUE BY SALE COMPARISON APPROACH $3,515,000 THREE MILLION FIVE HUNDRED FIFTEEN THOUSAND DOLLARS 68 1335 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 June 7, 2025. 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. June 13, 2025 Jesse B. Vance, Jr., MAI, SRA, ASA Florida State-Certified General Real Estate Appraiser No. RZ-85 June 13, 2025 Claudia Vance, MAI Florida State-Certified General Real Estate Appraiser No. RZ-173 69 1336 CERTIFICATION AND LIMITING CONDITIONS The statements and conclusions contained in this report, subject to the limiting conditions hereafter cited, are correct to the best of the writers' knowledge. 1. The undersigned have personally inspected the subject of this report. No pertinent information has been knowingly withheld. 2. Unless specifically included, the subject is analyzed as though free and clear of liens and encumbrances. 3. No responsibility is assumed for legal matters, nor is an opinion of title rendered. Title is assumed to be good and held in Fee Simple, unless excepted. 4. Legal descriptions and property dimensions have been furnished by others; no responsibility for their correctness is assumed. Sketches which may be in the report are for illustrative purposes only. 5. Possession of any copy of this report does not carry with it the right of publication, duplication, or advertising using the writers’ names or professional designations or membership organizations. 6. The writers are not required to testify without prior agreement. 7. Neither the employment to make this appraisal nor compensation therefore is contingent on the value reported. 8. Where divisions are made between land, improvements, etc., the values estimated for each apply only under the cited use or uses. 9. The value applies ONLY as of the date of valuation stated within the report. 10. The writers certify that they have no present, past or contemplated interest in the subject of this report - unless specifically stated. 11. This report is the property of the indicated client. It may not be used by any other party for any purpose not consistent with the written function of this report without the express written consent of the writers AND client. 12. The reported analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Practice and Conduct of the Appraisal Institute. The work also conforms to the Uniform Standards of Professional Appraisal Practice. 13. Soil or sub-soil contamination may exist from current or prior users, or users outside the property concerned. The appraisers are not qualified to detect such substances. We urge the client to retain an expert in this field if desired. 14. The appraisers have not been provided a Habitat Survey, Endangered Species Survey, or analysis by a qualified environmental specialist indicating the presence of or proximity to environmentally sensitive and/or protected land or species which could affect the use, and possibly, value of the appraised property. The appraisers are not qualified to identify these factors. We recommend that an expert be hired where there may be reasonable cause to expect the presence of any of the cited elements. 15. Jesse B. Vance, Jr. and Claudia Vance are responsible for the analyses, conclusions, and opinions of real estate set forth in this report. No one else provided significant professional assistance to the signers of this report. 16. Prospective value is based on current conditions and trends. The appraisers cannot be held responsible for unforeseeable events which might alter market conditions upon which market value opinion has been developed. 17. The appraisers certify that they have the knowledge and experience required to perform this appraisal assignment. 18. The appraisers reserve the right to amend or change this report at any time additional market information is obtained which would significantly affect the value. Jesse B. Vance, Jr., MAI, SRA, ASA State-Certified General Real Estate Appraiser No. RZ 85 June 13, 2025 Claudia Vance, MAI State-Certified General Real Estate Appraiser No. RZ 173 June 13, 2025 70 1337 ADDENDA 71 1338 72 1339 73 1340 74 1341 XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X ////////////////////////////146.70' (P)146.73' (M)´NEW PALM WAY15' W A L K (PLAT) OAK STREET LOT 13. H O M E S I T E (PLAT)PALM WAY (PLAT)R E S E R V E (PLAT) R E S E R V E (PLAT) 15' W A L K (PLAT)PALM WAY(PLAT)L A K E W O R T H(PLAT)146.70' (P)375.00' (P) 375.00' (P) ONE STORY RESIDENCE # 670 0SURVEYORS NOTES: (1). BEARINGS SHOWN HEREON ARE REFERENCED TO THE RECORD PLAT AND ARE ASSUMED. (2). LEGAL DESCRIPTION PROVIDED BY CLIENT UNLESS OTHERWISE NOTED. (3). NO UNDERGROUND IMPROVEMENTS LOCATED EXCEPT AS SHOWN. (4). THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE COMMITMENT THEREFOR THE ONLY SURVEY MATTERS SHOWN ARE PER THE RECORD PLAT. THERE MAY BE ADDITIONAL MATTERS OF RECORD, NOT SHOWN WHICH CAN BE FOUND IN THE PUBLIC RECORDS OF THE CORRESPONDING COUNTY OF RECORD. (5). ELEVATIONS SHOWN REFER TO N.A.V.D. 88 AND WERE OBTAINED WITH GPS. LEGAL DESCRIPTION: THAT TRACT OF LAND MARKED ON W.S. SHEPARD'S PLAT OF THE SUBDIVISION OF THE SOUTH 1/2 OF FRACTIONAL SECTION 15, TOWNSHIP 45 SOUTH, RANGE 43 EAST, SAID PLAT BEING ON RECORD IN PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 8, PAGE 8, AND THE LAND BEING MARKED ON SAID PLAT "RESERVE" LYING EAST OF LOT 1, BLOCK 2, AND EXTENDING TO LAKE WORTH AND BEING 146.7 FEET NORTH AND SOUTH AND 400 FEET EAST AND WEST, MORE OR LESS, EXTENDING TO LAKE WORTH AND ALL RIPARIAN RIGHTS, LESS THE WEST 25 FEET THEREOF. ALSO THAT CERTAIN TRACT OF LAND BETWEEN THE NORTH AND SOUTH BOUNDARY LINES OF THE AFORESAID PARCELS OF LAND REFERRED TO HEREIN AS "RESERVE", SAID LAND BEING DESCRIBED AND DEDICATED AS PALM WAY ON THE AFOREMENTIONED W.S. SHEPARD'S PLAT. DATE OF FIRM: 12/20/2024 PANEL & SUFFIX: 0791 G COMMUNITY #: 120196 ZONE: AE 10FT (NAVD 88)PROPERTY ADDRESS: 670 OAK STREET, BOYNTON BEACH, FL 33435 DATE: SHEET # 1 OF 1 GL-12139 CHECKED BY: JSP CADD: J.A. SCALE: 1" = 30'FLOOD ZONE DATA:REVISIONS:Sketch of Survey GENERAL LEGEND: BCR = BROWARD COUNTY RECORDS BM = BENCHMARK CB = CATCH BASIN C/L = CENTERLINE CLF = CHAINLINK FENCE CLP = CONCRETE LIGHT POLE CBS = CONCRETE BLOCK STRUCTURE CONC = CONCRETE C/S = CONCRETE SLAB DE = DRAINAGE EASEMENT D = DELTA (CENTRAL ANGLE) E = EAST ELE = ELEVATION X 0.00' = EXISTING ELEVATION EOP = EDGE OF PAVEMENT EOW = EDGE OF WATER FF = FINISHED FLOOR FH = FIRE HYDRANT FN = FOUND NAIL INV = INVERT FIP = FOUND IRON PIPE FIR = FOUND IRON ROD FND = FOUND NAIL AND DISC L = ARC LENGTH MDCR = MIAMI DADE COUNTY RECORDS N = NORTH N/D = NAIL AND DISC MF = METAL FENCE ORB = OFFICIAL RECORDS BOOK O/S = OFFSET PB = PLAT BOOK PBCR = PALM BEACH RECORDS PC = POINT OF CURVATURE PG = PAGE PL = PROPERTY LINE POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT PVCF = PLASTIC FENCE R = RADIUS R/W = RIGHT OF WAY S = SOUTH S/W = SIDEWALK SIR = SET 1/2" IRON ROD SND = SET NAIL & DISC UE = UTILITY EASEMENT UP = UTILITY POLE W = WEST W/F = WOOD FENCE W/M = WATER METER JULIO S. PITA, P.L.S DATE PROFESSIONAL LAND SURVEYOR LICENSE No. LS 5789 STATE OF FLORIDA CERTIFIED TO: CERTIFICATION OF BOUNDARY SURVEY: I HEREBY CERTIFY THAT THIS SURVEY WAS MADE UNDER MY RESPONSIBLE CHARGE AND TO THE BEST OF MY KNOWLEDGE AND BELIEF; THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 TO 17.052 FLORIDA ADINISTRATIVE CODE PURSUANT TO SECTION 472.027, FLORIDA STATUTES. GAVY & ASSOCIATES, INC LAND SURVEYORS LB # 6971 2657 S.W. 145th AVENUE MIAMI, FL. 33175 PHONE: (305) 748 6507 1. CANEPA DEBORAH & 2. PICARDY SCOTT E 3. GOEBEL, LAUREN = UTILITY POLE 12/9/2024 75 1342 XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX X X X X X X X X X X X X X X X X X X X X X ////////////////146.70' (P)146.73' (M)´NEW PALM WAY15' W A L K (PLAT) OAK STREET LOT 13. H O M E S I T E (PLAT)PALM WAY (PLAT)R E S E R V E (PLAT) R E S E R V E (PLAT) 15' W A L K (PLAT)PALM WAY(PLAT)L A K E W O R T H(PLAT)146.70' (P)375.00' (P) 375.00' (P) ONE STORY RESIDENCE # 670 ROW ABANDONMENT FUTURE PARK (WITH ROW ABANDONMENT) FUTURE PARK FUTURE HOME SITE NORTH 76 1343 670 OAK STBOYNTON BEACH, FL 33435INTRACOASTAL WATERWAY-101 1112 2 2223 33333333344 4444445 5556 667OAK STREETDILAPIDATED WOOD DOCK (TYP)12INCH CONCRETE PILING (TYP)HARVEY E. OYER JR. PARKPROJECT LOCATIONSHEETCERTIFICATION:PREPARED FOR:JOSHUA LEE, PSMFLORIDA REGISTRATION LS7322 - CERTIFICATE OF AUTHORIZATION NO. 7324LAUREN GOEBEL (RICHTER)670 OAK STREETBOYNTON BEACH, FL 334351of 1DRAWN BY: CE CHECKED BY: JLJOB No.: 24-1954DATE: 11/21/24REV DESCRIPTION DATEBATHYMETRIC SURVEYHYDROGRAPHIC DATA ARE RELATIVE TO MEANLOW WATER AND REFERENCED TO FLORIDADEPARTMENT OF ENVIRONMENTAL PROTECTIONTIDE STATION NUMBER 872-2706.CONTOURS ARE AT 1' INTERVALS.SURVEY NOTES:1. THIS IS A BATHYMETRIC SURVEY AS DEFINED IN THE STANDARDS OF PRACTICE FOR SURVEYING AND MAPPING INCHAPTER 5J-17 FLORIDA ADMINISTRATIVE CODE.2. THIS SURVEY WAS CONDUCTED ON NOVEMBER 18, 20243. REFER TO SURVEY NO. 24-19544. THIS SURVEY IS CERTIFIED TO LAUREN GOEBEL (RICHTER)5. THIS SURVEY IS INTENDED EXCLUSIVELY FOR THE USE BY THOSE TO WHOM IT IS CERTIFIED. IT IS NOT TO BE USEDBY OTHERS FOR CONSTRUCTION, PERMITTING, DESIGN OR ANY OTHER USE WITHOUT THE WRITTEN CONSENT OFTERRAQUATIC, INC.6. THIS SURVEY, AND ANY REPRODUCTION THEREOF, IS NOT VALID WITHOUT AN ORIGINAL OR VERIFIED DIGITALSIGNATURE AND SEAL OF A FLORIDA REGISTERED SURVEYOR. ADDITIONALLY, THIS SURVEY IS NOT VALID IFPRINTED BEARING A DIGITAL SIGNATURE AND SEAL.7. THIS MAP IS INTENDED TO BE DISPLAYED AT A SCALE OF ONE INCH EQUALS FORTY FEET OR SMALLER.8. UNDERGROUND UTILITIES WERE NOT LOCATED AS PART OF THIS SURVEY.9. GEOGRAPHIC AND PLANE COORDINATES SHOWN HERON ARE RELATIVE TO THE NORTH AMERICA DATUM OF1983, 1990 ADJUSTMENT (NAD 83/90), FLORIDA STATE PLANE, EAST ZONE (0901), TRANSVERSE MERCATORPROJECTION IN THE U.S. SURVEY FOOT UNIT OF MEASUREMENT.10. LOCATIONS OF ALL IMPROVEMENTS WERE OBTAINED USING REAL TIME KINEMATIC GPS METHODOLOGIES WITHBROADCAST CORRECTIONS FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION’S VIRTUAL REFERENCENETWORK AND ARE ACCURATE TO THIRD ORDER, CLASS II.11. THE SPECIFIC PURPOSE OF THIS SURVEY IS TO SHOW THE LOCATION OF PROPOSED IMPROVEMENTS RELATIVE TOTHE INTRACOASTAL WATERWAY NAVIGATION CHANNEL.12. HYDROGRAPHIC (BATHYMETRIC) DATA WERE COLLECTED UTILIZING AN ODOM CV100 SURVEY GRADE SOUNDERWITH A 200KHZ TRANSDUCER IN CONJUNCTION WITH REAL TIME KINEMATIC GPS METHODOLOGIES WITHBROADCAST CORRECTIONS FROM A CONVENTIONAL GPS BASE STATION AND ARE ACCURATE TO THIRD ORDER,CLASS II.13. HYDROGRAPHIC DATA ARE IN FEET RELATIVE TO MEAN LOW WATER AND REFERENCED TO FLORIDADEPARTMENT OF ENVIRONMENTAL PROTECTION TIDE STATION 872-2706 (PALM BEACH COUNTY).14. CONTOURS SHOWN HEREON WERE COMPUTER GENERATED AND INTERPOLATED FROM SURVEY DATACOLLECTED ALONG TWENTY-FIVE FOOT (25') SPACED TRANSECTS AND CAN ONLY BE CONSIDERED AS INDICATINGTHE GENERAL SEAFLOOR CONDITIONS EXISTING AT THE TIME OF THE SURVEY.15. DEPTHS SHOWN HEREON ARE BELOW THE REFERENCE PLANE UNLESS PRECEDED BY A PLUS (+). FLORIDAVICINITY MAPSNOT TO SCALEINTRACOASTAL WATERWAYOAK STPROJECTLOCATIONSURVEY SITENWESHORIZONTAL SCALE: 1" = 40'80'40'20'0'BATHYMETRIC SURVEY670 OAK STREETCONTOUR CHARTBOYNTON BEACH - PALM BEACH COUNTY, FLORIDACERTIFICATION:I HEREBY CERTIFY THAT THE ATTACHED BATHYMETRIC SURVEY IS TRUEAND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF ASSURVEYED UNDER MY DIRECTION ON NOVEMBER 18, 2024. I FURTHERCERTIFY THAT THIS SPECIFIC PURPOSE SURVEY MEETS THE STANDARDSOF PRACTICE AS SET FORTH IN CHAPTER 5J-17 ADOPTED BY THEFLORIDA BOARD OF SURVEYORS AND MAPPERS PURSUANT TOFLORIDA STATUTE 472.027.1220 TANGELO TERR, UNIT A12, DELRAY BEACH, FLORIDA 33444 TERRAQUATIC, INC. | PHONE: (561) 806-6085LOCATION MAPVICINITY MAPDRAWING: 670 OAK STREET.dwgLOCAL VERTICAL DATUM DIAGRAMNAVD-88MLW-2.16'MHW+0.31'-3'-2'-1'-0'0'1'2'3'4'5'6'7'MEAN LOW WATER DEPTHS IN FEET LEGEND:APX APPROXIMATE℄CENTERLINELB LICENSED BUSINESSPSM PROFESSIONAL SURVEYOR AND MAPPERMLW MEAN LOW WATERNAVD-88 NORTH AMERICAN VERTICAL DATUM OF 1988NGVD-29 NATIONAL GEODETIC VERTICAL DATUM OF 1929TYP TYPICALMHW MEAN HIGH WATERNL/D NAIL AND DISKFND FOUNDELEV ELEVATION771344 AERIAL VIEW OF THE APPRAISED PROPERTY ON THE NATIONAL WETLAND INVENTORY MAP 78 1345 APPRAISED PROPERTY BATHYMETRIC SURVEY EXCERPT 79 1346 80 1347 F. R-3 Multi-family Residential District. 1. General. The purpose of the R-3 zoning district is to implement the medium density residential (MDR) future land use map (FLUM) classifications of the Comprehensive Plan. The intent of this conventional district, with a maximum density of eleven (11) dwelling units per acre, is to encourage vertical structures and viable multiple-family living environments. The preferred development pattern shall be designed such that it would provide adequate buffering, graduation of uses, and a layout that considers and complements adjacent uses and districts. Ideally, the R-3 district should be in close proximity to large concentrations of business and employment activities, as well as near sufficient roadways and public transportation routes. Site design should encourage safe traffic patterns, ingress and egress, adequate light, drainage, off-street parking, open space, on-site recreation areas, and community meeting provisions for the inhabitants. 2. Use(s) Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.D. 3. Building and Site Regulations (Table 3-10). a. Existing and/or future single-family dwellings shall conform to the building and site regulations of the R-1 district (see Table 3-8 in Section 2.D.3. above). b. Duplex dwellings shall conform to the building and site regulations of the R-2 district (see Table 3-9 in Section 2.E.3. above). c. Multiple-family and group homes shall conform to the lot and building requirements of that portion of Table 3-10 below pertaining to "residential uses". d. All uses, excluding single-family, duplex, multi-family, and group homes, shall conform to the lot and building requirements of that portion of Table 3-10 below pertaining to "non-residential uses". BUILDING/SITE REGULATIONS R-3 District BUILDING/SITE REGULATIONS R-3 District (Residential Uses) Minimum lot area (per unit): 4,000 s.f. Minimum lot frontage: 100 feet Minimum yard setbacks: Front: 40 feet Rear: 40 feet Interior side: 20 feet Corner side: 40 feet 81 1348 Minimum living area: 750 s.f. Maximum lot coverage: 40% Maximum structure height: 45 feet (Non-Residential Uses) Minimum lot area: 20,000 s.f. Minimum lot frontage: 100 feet Minimum yard setbacks: Front: 40 feet Rear: 40 feet Interior side: 20 feet Corner side: 40 feet Minimum living area: 750 sq. ft. per unit Maximum lot coverage: 40% Maximum structure height: 45 feet 4. Accessory Structures. Walls, fences, pools, sheds, screen-roof enclosures, and other structures are regulated in accordance with Chapter 3, Article V, Supplemental Regulations. 82 1349 83 1350 84 1351 85 1352 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; 86 1353 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. 87 1354 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. 88 1355 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 89 1356 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. 90 1357 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 91 1358 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 92 1359 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 93 1360 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 94 1361 Parking 1362 Lauren Goebel, Trend Realty (832) 788-8708 Realestatetrendfinder@gmail.com Summary of Purchase Terms 670 Oak Street, Boynton Beach, FL 33435 Entire parcel – Approximately 1.26 Acres • Purchase Price: $7,000,000 • Deposit: $300,000 • Due Diligence: 60 days from effective date of Purchase and Sale Agreement • Closing Period: Within 90 days from effective date of Purchase and Sale Agreement • Property to be delivered unoccupied Northern portion of the parcel – Approximately 0.75 Acres • Purchase Price: $4,500,000 • Deposit: $225,000 • Due Diligence: 60 days from effective date of Purchase and Sale Agreement • Closing Period: Within 120 days from effective date of Purchase and Sale Agreement (or as reasonably extended to allow for subdivision process to be completed) • Property to be delivered vacant Use restrictions for both purchase options: • REC zoning o Restrictive covenant to match the current Harvey Oyer Park restrictive covenant but allow for (1) restaurant up to two stories in height o No structured parking o No dry stack marine storage 1363 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. 670 Oak Street-1.27 Acres 670 Oak Street Lot w/ house to be demo'd Shepards W S IN $6,606,000.00 $7,000,000.00 1.27 55321.2 $126.53 6%N/A N/A 670 Oak Street- .75 Acres 670 Oak Street Lot w/ house to be demo'd Shepards W S IN $3,515,000.00 $4,500,000.00 0.75 32670 $137.74 22%N/A N/A 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 $8,100,000.00 2.11 91911.6 $88.13 -5%N/A N/A 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. 444 W. Boynton Beach Boulveard 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 13% $2,539,000.00 $3,400,000.00 $917,000.00 $1,900,000.00 $2,185,000.00 $47.48 $54.94E. Boynton Beach Blvd. ABC Rentals $917,000.00 16692.192 $54.94 0% SUBJECT PROPERTY FOR BOYNTON BEACH CRA PURCHASE 6% 15% MATT GRACEY PROPERTIES - W. BOYNTON BEACH BLVD. ASSEMBLAGE Demolition Costs 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 $35,828.75 TBD TBD Lots 1, 2, 3, 4, 5, 6 and 7 Block 6, Original Town of Boynton May-18$3,000,000.00 56427.624 93675.78 $76.61 $85,720.00 TBD SUBJECT PROPERTY FOR BOYNTON BEACH CRA PURCHASE Demolition Costs TBD BOYNTON EAST, LLC AVERAGE COST PER SQ. FT. OF PURCHASES ABOVE February-21 March-23 FUTURE CONSIDERATION Demolition Costs 115 $53.17N Federal Highway Church 46016.784 $47.48 N/A $45,804.00 52054.2 $57.63 E. BOYNTON BEACH BLVD. ASSEMBLAGE (ABC RENTAL PROPERTIES) 16692.192 1364 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: August 12, 2025 NEW BUSINESS AGENDA ITEM 15.D SUBJECT: Discussion and Consideration of the Future Use of 419 N. Seacrest Boulevard SUMMARY: On November 21, 2024, the CRA Board approved the acquisition of the property located at 419 N. Seacrest Boulevard (see Attachment I). The parcel is 0.327 acres and includes a 1,710 square foot structure. It is situated within the Heart of Boynton District (see Attachment II). The property is currently zoned R-1, with a recommended future land use designation of Low Density Residential (7.5 du/ac) and a maximum height limit of 45 feet. With its current zoning and lot size, the site has the potential to be subdivided into two residential lots, making it a viable candidate for affordable housing. CRA Staff is seeking the Board's guidance on potential concepts for the future use of this property: Affordable Infill Housing Developmen t Include the property in the CRA's infill housing inventory to be a part of a future Request for Proposals/Qualifications (RFP/RFQ) for affordable housing development If selected, staff will include the property in the 2026 Solid Waste Authority's Blighted and Distressed Property Clean-Up Grant Application to fund the demolition and prepare the site for redevelopment Community Co-Work Space Renovate the existing building to create a shared workspace that supports local entrepreneurs, freelancers and small businesses Micro Art Studio/Incubator Repurpose the structure into a micro art studio or cultural incubator to support emerging artists and enhance local creative placemaking Other Uses The Board may also propose alternative uses for CRA staff to evaluate Each concept will require additional research. CRA Staff will report back on the feasibility based on the CRA Board direction. 1365 •Attachment I - Location Map •Attachment II - Heart of Boynton District •Attachment III - 10-03-2024 BB CRAB Meeting Minutes FISCAL IMPACT: FY2024-2025 Budget; Line Item 02-58200-401 - $520,000.00 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan, Heart of Boynton District CRAB RECOMMENDATION: At its meeting on October 3, 2024, the CRA Advisory Board recommended the purchase of the site as a land-banking opportunity (see Attachment III). CRA BOARD OPTIONS: To be determined based on Board discussion. ATTACHMENTS: Description 1366 1367 105 Heart of Boynton District Introduction Planning Challenges Planning Considerations The Vision Recommendations 1368 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. 1369 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 1370 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.” 1371 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 1372 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 1373 111 Figure 60: Seacrest Blvd Streetscape Area Figure 61: MLK JR. Blvd. Streetscape Area Figure 62: MLK JR. Blvd. Street Section 1374 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 * 1375 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 1376 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 1377 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 1378 116D.District PlansFigure 68: Example of a Commercial Project on MLK Jr. Blvd. 1379 117 Figure 69: Example of Multi Family Project on MLK Jr. Blvd. 1380 1 CRA Advisory Board Meeting Thursday, October 3, 2024 - 6:30 PM City Hall Chambers, 100 E. Ocean Avenue 561-737-3256 1. Call to Order Chair Cobb called the meeting to order at 6:32 PM. 2. Pledge of Allegiance Chair Cobb asked the board to stand for the Pledge of Allegiance. 3. Roll Call Members Present: Naomi Cobb (Chair) Courtlandt McQuire (Vice Chair) Lesha Roundtree Thomas Ramiccio Kameren Maharaj Staff: Timothy Tack, Acting CRA Executive Director Vicki Curfman, Administrative Assistant Other: Leslie Harmon, Prototype Inc. 4. Agenda Approval A. Additions, Deletions, Corrections to the Agenda None. B. Adoption of Agenda Motion: Mr. Ramiccio moved to adopt the agenda. Mr. McQuire seconded the motion. In a voice vote, the motion passed unanimously. 1381 2 5. Public Comment None. 6. Consent A. CRA Advisory Board Meeting Minutes – September 5, 2024 Motion: Ms. Roundtree moved to approve the September 5, 2024, minutes. Mr. McQuire 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 Acting Director Tim Tack opened the discussion on the Downtown District. He provided an overview of the district boundaries, noting it spans from Northeast Seventh Street to Southeast 12th Avenue, bordered by Federal Highway and the FEC railway. Chair Cobb inquired about updates on ongoing projects within the Downtown District. Mr. Tack mentioned several developments, including residential projects along the Federal Highway corridor, with some still in the pre-application phase. He emphasized the district's potential for mixed-use development. Vice-Chair McQuire and Board Member Ramiccio raised concerns about the confusion between the Downtown District and the Cultural Arts District. He suggested exploring a renaming of the Downtown District to avoid overlap and to better align with the district’s evolving character. Ms. Roundtree supported this, noting that a cohesive branding strategy could enhance the area’s identity and public perception. Discussion also covered opportunities for activating Veteran’s Park. Mr. Tack highlighted the potential to improve lighting and create a more inviting atmosphere for pedestrians. Ideas included adding red, white, and blue up-lighting to highlight the park’s significance Chair Cobb emphasized the importance of making the park more accessible and visible to residents and visitors alike. The Board agreed to further explore these suggestions and consider including them in the next CRA plan update: • Land acquisition for a Parking garage site, but in the meantime, surface lots to be used for parking • Beautification along Federal corridor • Increase opportunities for activation of Veteran’s Park to include red, white, and 1382 3 blue lighting • Re-evaluation of district boundaries, as well as, renaming/reboundry/rebranding • Land acquisition for a Grocery store • Increased maintenance, safety, and cleanliness of the district in anticipation of more pedestrian traffic. The CRAB Board will review the 2016 CRA Plan as a whole and bring their ideas and suggestions to the November 7, 2024 meeting. 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 introduced the proposed acquisition of property at 419 N Seacrest Blvd. He detailed that the parcel, approximately 0.33 acres, was listed on the open market and could serve as a strategic acquisition for future redevelopment efforts. Motion: Mr. Ramiccio moved to recommend the acquisition as a land-banking opportunity. Mr. Ramiccio seconded the motion. In a voice vote, the motion passed unanimously. 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 Mr. Tack proposed a change to the meeting start time, suggesting an earlier start at 6:00 PM to better accommodate members' schedules. The board discussed the feasibility and agreed to the change, pending the approval of absent board members. Motion: Mr. McQuire moved to adjust the meeting start time from 6:30 PM to 6:00 PM, contingent upon agreement from absent members. Mr. Ramiccio seconded the motion. In a voice vote, the motion passed unanimously. 9. Future Agenda Items Mr. Tack mentioned that the next CRA Board meeting will include a presentation on the MLK Gateway Feature Project. He invited board members to attend and provide input, 1383 4 emphasizing the importance of public feedback in shaping the project. 10. Adjournment There being no further business to discuss, the meeting was adjourned at 8:08 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 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. 1384 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: August 12, 2025 NEW BUSINESS AGENDA ITEM 15.E SUBJECT: Discussion and Consideration of Planning for 2026 Legislative Session SUMMARY: This item is to give the Board the opportunity to determine its legislative priorities, if any, for the 2026 Legislative Session and to provide direction, if any, on retention of a lobbyist. FISCAL IMPACT: FY 2025-2026, General Fund - 01-51420-201 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: 1. Provide staff and legal direction on legislative priorities. 2. Other action determined by the Board. 1385 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: August 12, 2025 NEW BUSINESS AGENDA ITEM 15.F SUBJECT: Consideration of Registration and Travel Expenses to Attend the Florida Redevelopment Association 2025 Annual Conference on October 14-17, 2025 in West Palm Beach, FL SUMMARY: CRA Board Attendance: The Florida Redevelopment Association (FRA) is our agency's statewide professional organization operating under the Florida League of Cities. This year's annual conference will be held on October 14-17, 2025, at the Hilton West Palm Beach Hotel in West Palm Beach, FL. The conference provides valuable information to staff and board members on CRA related issues, best practices, programs and legislative updates. The 2025 conference program is provided as Attachment I. Registration information is available on the FRA's website: https://redevelopment.net/2025- annual-conference/ In summary, the conference registration is $395/member plus $50/tour until September 26th. Rates increase on registrations placed after September 26th. There is also an optional CRA Board Training Course available for $50/member. The proposed 2025-2026 Fiscal Year Budget for the Boynton Beach CRA includes funding for all five CRA Board members and two CRAB members to attend the FRA conference (CRAB is subject to CRA Board approval). This budget allocation allows for the conference registration, tour, mileage and per diem for meals not included during the conference. CRA Advisory Board Member Attendance Policy : The CRA Board established a policy during Fiscal Year 2016-2017 that only two members of the CRAB are permitted to attend the FRA Annual Conference per fiscal year and the CRA will only reimburse the cost of the conference registration fee (see Attachment II). If supported by the CRA Board, the CRA Advisory Board would nominate up to two attendees at their September 4, 2025, Advisory Board meeting. FISCAL IMPACT: Proposed Fiscal Year 2025-2026 Budget, General Fund, Line Item 01-51010-225 : $30,000 1386 •Attachment I - 2025 FRA Annual Conference Program •Attachment II - August 2017 CRA Board Minutes CRA BOARD OPTIONS: CRA Board member attendance to be determined based on discussion. ATTACHMENTS: Description 1387 THE FLOTHE FLORRIDAIDA ASSOCIATIONASSOCIATION THE FLOTHE FLORRIDAIDA ASSOCIATIONASSOCIATION2025 FRA ANNUAL CONFERENCE October 14-17, 2025 Hilton West Palm Beach #FRA2025 REGISTRATION INFORMATION The 2025 Florida Redevelopment Association Annual Conference will be held on October 14-17, 2025, at the Hilton West Palm Beach in West Palm Beach. The conference is an opportunity for redevelopment professionals, elected officials, and appointed officials who oversee administering redevelopment (economic development) programs in Florida cities and counties and community redevelopment agencies (CRAs) who have separate, dedicated trust funds that can be spent on redevelopment projects to meet in person. Attendees at the conference will have opportunities to enhance leadership skills, learn from municipal experts, share ideas with peers, discuss strategies for Florida’s future, and hear about the latest in products and services for redevelopment projects. Don’t miss this opportunity to learn, network, and share! DEADLINES ‣September 12, 2025: Last day to reserve hotel accommodation with group block. ‣September 26, 2025: Conference registration fee increases by $100.00 after 5:00 p.m. ‣October 10, 2025: Online registration closes. #FRA2025 • 1 1388 #FRA2025 • 2 THE FLOTHE FLORRIDAIDA ASSOCIATIONASSOCIATION REGISTRATION INFORMATION Online Registration – Credit Cards Only Click here to register online and pay with a credit card. The FRA accepts Visa, Mastercard, or American Express. Mail Registration – Checks Only Complete the registration on page 9 if you are paying by check. Mail the registration form and check to the Florida Redevelopment Association Annual Conference, P.O. Box 1757, Tallahassee, FL 32302 by October 10, 2025. HOTEL INFORMATION The Hilton West Palm Beach, 600 Okeechobee Boulevard, West Palm Beach, is the conference venue and is not accepting reservations at this time. Your paid registration confirmation will include the hotel booking link for you to secure a reservation. The cutoff date for reservations is September 12, 2025. The FRA has secured the special rate of $289/night + 13% tax. The FRA room block tends to fill up quickly, so reserve your room once your registration is complete. The FRA will never call you to book a room; nor does the FRA use a third party for hotel reservations. These calls and third-party operators are not authorized by the FRA and are not part of the room block. Self-Parking is not available at this property. However, valet services are offered to our group at the discounted rate of $25/ night plus tax. This rate also applies to those who are not staying on property but are attending the conference daily. SPECIAL NEEDS If you are physically challenged and require special services, or if you have special dietary restrictions (e.g., specific allergies, kosher and vegetarian requests), please attach a written description to your registration form. REGISTRATION FEES Full Registration (October 14-17, 2025) Member: $395.00; Nonmember: $495.00 (Late registration fee applied September 27, 2025) Member: $495.00; Nonmember: $595.00 CRA Board Training Course (October 15, 2025) $50.00 Tours (October 15, 2025) $50.00 per tour (1 tour per person) Academy Graduation and Awards Banquet (October 16, 2025) $75.00 Guest Ticket Guest/Spouse Registration (October 14-17, 2025) (Nonprofessional relations only) $325.00 Full registration and guest/spouse registration fee covers your name badge and admission to all conference sessions and the exhibit hall, refreshment breaks, light continental breakfasts each day, Wednesday’s Welcome Luncheon in the exhibit hall, Wednesday’s Welcome Reception in the exhibit hall, Thursday’s Networking Luncheon in the exhibit hall, and Thursday’s Academy Graduation and Awards Banquet. Tours are an additional fee. NOTE: Registration fees will increase by $100.00 per registration/guest for all registrations made after 5:00 p.m. on September 26, 2025. CANCELLATION POLICY Conference registration cancellation requests must be emailed to mmontgomery@flcities.com no later than 5:00 p.m. on September 26, 2025, to be eligible for a conference registration refund. A $50.00 cancellation fee will be applied to all cancellations. Refunds will be issued after the conference. No refunds will be made after September 26, 2025, or for early departure from the conference. QUESTIONS? Contact Meredith Montgomery, Meeting Planner, Florida Redevelopment Association/Florida League of Cities, Inc., 850.701.3636; mmontgomery@flcities.com 1389 #FRA2025 • 3 THE FLOTHE FLORRIDAIDA ASSOCIATIONASSOCIATIONTENTATIVE PROGRAM (Schedule and speakers subject to change) TUESDAY, OCTOBER 14, 2025 1:00 p.m. - 5:00 p.m. Registration Desk Open 3:00 p.m. - 5:00 p.m. FRA Board of Directors Meeting WEDNESDAY, OCTOBER 15, 2025 7:30 a.m. - 6:00 p.m. Registration Desk Open 7:15 a.m. - 12:00 p.m Tour (bus): West Palm Beach/Riviera Beach (Additional fee of $50.00; pre-registration required) Attendees will explore the transformation of West Palm Beach and Riviera Beach, starting with the Historic Northwest District, where cultural heritage and modern development converge. Highlights include the iconic Sunset Lounge, Styx Promenade, and Heart and Soul Park, all key to the district’s revitalization. The tour continues to the Riviera Beach Marina Village, a reimagined waterfront offering recreation, culture, and economic opportunity. Finally, attendees will visit the NORA (North Railroad Avenue) district, a sustainable, mixed-use development that blends adaptive reuse with modern design. Each stop showcases how public- private partnerships (P3s) are reshaping neighborhoods, preserving heritage, and driving dynamic growth, all while fostering a stronger sense of community. 7:15 a.m. - 12:00 p.m. Tour (bus): Delray Beach/Boynton Beach (Additional fee of $50.00; pre-registration required) Join us for a dynamic and immersive tour that will showcase two of Palm Beach County’s charming – and growing! – coastal towns: Delray Beach, affectionately known as the “Village by the Sea,” and Boynton Beach, the “Gateway to the Gulf Stream.” This informative guided tour highlights key investments both communities are making to ensure community-centered, inclusive growth that supports both people and place. In Delray Beach, visit affordable and workforce housing developed in partnership with local nonprofits, new commercial spaces in The Set that support small businesses while preserving the neighborhood’s cultural identity, and strategic CRA investments in downtown infrastructure that have played a pivotal role in enhancing the area’s vibrancy and appeal. In Boynton Beach, visit the new Town Square complex, view active development sites along East Ocean Avenue and Boynton Beach Boulevard, and tour the Boynton Harbor Marina, a key anchor for downtown activity and recreational experiences. The tour concludes in the Heart of Boynton with an inside look at vital affordable housing developments and a mixed-use project that is shaping the community. 7:15 a.m. - 12:00 p.m.. Tour (bus): Lake Worth/West Gate (Additional fee of $50.00; pre-registration required) Explore innovative housing, infrastructure, and redevelopment projects in the Westgate and Lake Worth Beach CRAs. The tour begins in Westgate, just west of downtown West Palm Beach, with a visit to the Dennis P. Koehler Preserve— a 7.5-acre lake serving as a park and stormwater mitigation site. Next, see the $11M Westgate Avenue Streetscape Project and other key CRA-led improvements like South Westgate Estates’ cottage housing, Oswego Oaks Park, and Westgate Dog Park. The tour continues past new multifamily developments along Congress Avenue, the future 47-acre Palm Beach Kennel Club redevelopment, and The Hangar—a luxury car storage facility with community space. In Lake Worth Beach, visit vibrant mixed-use developments like Deco Green and the MID, as well as the transit-oriented Lake Worth Station. Stroll through the historic district to see charming Lake Worth Cottages, then visit Downtown Lake Worth Beach and the iconic Gulfstream Hotel, now under restoration. The tour concludes with stops at major redevelopment sites including The Bohemian, a Brightline-connected residential project, and Madison Terrace, a planned affordable senior housing community, before returning to West Palm Beach. 1390 #FRA2025 • 4 THE FLOTHE FLORRIDAIDA ASSOCIATIONASSOCIATION7:15 a.m. - 12:00 p.m.. Tour (walking): City Place/Downtown (Additional fee of $50.00; pre-registration required) Get your steps in on this up-close and personal walking tour of the streetscapes and real estate developments along the Rosemary Avenue and Clematis Street corridors! We’ll start walking from the Hilton West Palm Beach lobby past the Restoration Center hardware anchor store on Okeechobee Boulevard into the heart of City Place, where you’ll hear brief presentations from the developer as well as the design team that helped bring their vision to life. After a quick presentation, we’ll have breakfast at Maman and continue our walk to Clematis Street, the nightlife hub of downtown West Palm Beach! We’ll continue our tour walking east on Clematis Street, hearing from the design team and the West Palm Beach CRA about streetscape planning, design, and implementation. You’ll also hear from the contractor about how the corridor was kept accessible during construction to keep pedestrian traffic flowing through the area. Once we reach the waterfront at Flagler Drive and Clematis Street, you’ll get to listen to a presentation from the CRA about how they activate the waterfront for events and the exciting future the City/CRA has in store for the area. After the waterfront presentation, we’ll start to head back to the hotel, but make one more stop at the Chase/Trinity streetscape project, where attendees will get to see a full streetscape project in action. Please wear comfortable shoes and bring a bottle of water. Total distance will be between 2 and 2.5 miles! 8:00 a.m. - 12:00 p.m. CRA Board Training Course Presented by: Jeff Burton, Ph.D., FRA-RA, Executive Director, City of Bradenton CRA This is a general educational session designed for CRA staff, elected and appointed officials, volunteers, and advisory board members. It provides a succinct overview of what you need to know that you don’t know in the universe of CRAs. Learn some helpful, practical, legal, and administrative best practices for CRA policymaking success. 11:30 a.m. - 6:30 p.m. Exhibit Hall Open 12:00 p.m. - 1:15 p.m. Welcome Luncheon in the Exhibit Hall 1:15 p.m. - 2:15 p.m. Welcome and Keynote Address Keynote Presentation:The Walkable City Keynote Speaker: Jeff Speck, Partner, Speck Dempsey LLC Jeff Speck is a city planner and author who advocates internationally for more walkable cities. As Director of Design at the National Endowment for the Arts from 2003 through 2007, he presided over the “Mayors’ Institute on City Design” and created the Governors’ Institute on Community Design. Prior to his federal appointment, Speck spent 10 years as Director of Town Planning at DPZ & Co., the principal firm behind the New Urbanism movement. Since 2007, he has led Speck & Associates (now Speck Dempsey), an award-winning urban planning firm serving public and private clients around the world. With Andres Duany and Elizabeth Plater-Zyberk, Speck is the co-author of “Suburban Nation,” which the Wall Street Journal calls “the urbanist’s bible.” His 2012 book “Walkable City” was the best-selling city planning title of the past decade and has been translated into eight languages. He is also the principal author of “The Smart Growth Manual and Walkable City Rules.” Speck has been named a fellow of both the American Institute of Certified Planners and the Congress for New Urbanism. In a recent Planetizen poll, he was voted one of the ten “most influential urbanists of all time.” Speck was the 2022 recipient of the Seaside Prize, whose former awardees include Jane Jacobs and Christopher Alexander. His TED talks and YouTube videos have been viewed more than six million times. 2:15 p.m. - 2:30 p.m. Refreshment Break in the Exhibit Hall 1391 #FRA2025 • 5 THE FLOTHE FLORRIDAIDA ASSOCIATIONASSOCIATION2:30 p.m. - 3:30 p.m. Redefining Redevelopment: Overcoming Red Tape with Innovation A dynamic discussion on innovative approaches to redevelopment that break through traditional bureaucratic barriers, focusing on collaboration with communities and unconventional partnerships to create impactful projects. 2:30 p.m. - 3:30 p.m. Part 1: Securing Legacies: Overcoming Barriers to Increase Generational Wealth in Redevelopment Areas This session will explore critical strategies for preserving communities and preventing displacement. Key topics include heirs’ property, vacancy prevention, and community stability. The discussion will also delve into the preservation of residential properties including title continuance and estate planning and their impact on home valuation. Attendees will gain insights into how these tools can be leveraged to maintain community cohesion and ensure long-term housing preservation. Part 2: Starve the Crisis, Feed the Vision Explore how strategic planning, collaboration, and innovative funding can address housing challenges, showing affordable housing as the catalyst for community growth. 2:30 p.m. - 3:30 p.m. Leveraging Brownfields Resources to Inspire CRA Revitalization This session will explore state, federal, and local grants, incentives, and resources to jump-start the reuse of environmentally stigmatized properties within CRAs. Brownfields practitioners, including active CRA managers/consultants and environmental legal counsel, will discuss layering incentives and resources to increase the tax base and inspire community and economic development within CRAs. Multiple case studies of successful CRA Brownfields projects will also be discussed. 3:30 p.m. - 3:45 p.m. Refreshment Break in the Exhibit Hall 3:45 p.m. - 5:00 p.m. Informed Decision-Making for CRAs: The Power of Data Gathering and Analysis This panel will discuss the triad of meaningful data gathering and analysis from community engagement, economic trends, and parcel data related to CRAs. Learn how leveraging data can help ground and target your agency’s goals, actions, and benchmarks, leading to informed and measurable plans. 3:45 p.m. - 5:00 p.m. The Business of the CRA vs. the CRA Brand This session will focus on understanding the critical difference between what a Community Redevelopment Agency (CRA) does and what it means to the people it serves. CRAs are tasked with revitalizing communities, attracting investment, and improving quality of life, but their impact isn’t just measured in projects and policies. It’s also shaped by public perception, stakeholder trust, and the agency’s ability to communicate its value effectively. In this session, we’ll explore the fundamentals of CRA operations vs. CRA identity, unpacking the psychology of how residents, business owners, elected officials, and developers interpret the agency’s work. Participants will learn how to align redevelopment efforts with a compelling brand narrative. 3:45 p.m. - 5:00 p.m. Reimagining Public Parks: Transforming Spaces for Communities of Tomorrow Discover practical methods to adapt to changing CRA rules, streamline management, and sharpen communication. Drawing on real-world experiences in Tampa’s CRAs—including management restructuring, consolidating multiple districts, and brand migration— this session presents proven tactics to bolster local government and redevelopment efforts. 5:00 p.m. - 6:30 p.m. Welcome Reception in the Exhibit Hall 1392 #FRA2025 • 6 THE FLOTHE FLORRIDAIDA ASSOCIATIONASSOCIATIONTHURSDAY, OCTOBER 16, 2025 8:00 a.m. - 3:00 p.m. Registration Desk Open 8:00 a.m. - 1:00 p.m. Exhibit Hall Open 8:00 a.m. - 9:00 a.m. Light Continental Breakfast in the Exhibit Hall 9:00 a.m. - 10:15 a.m. It Takes a Village: How Successful Communications Can Lead to Transformations This session aims to inspire other organizations to prioritize community communications and highlights the importance of adaptive strategies in grant management. 9:00 a.m. - 10:15 a.m. Part 1: Transforming Urban Mobility: Leveraging Mobility Plans Street design mobility is one of the most critical aspects of redevelopment and one that CRAs can affect. This presentation highlights how mobility plans can be used to transform local roadways by integrating land use, redevelopment, and multimodal transportation strategies to create safer, more connected, and vibrant urban environments. Part 2: Smart Streetscapes for Safer, Smarter Communities Explore how smart cities technology and data-driven tools can be used to monitor mobility patterns, improve operations, and measure the impact of public investments, providing a consistent framework to guide future infrastructure decisions and redevelopment efforts. 9:00 a.m. - 10:15 a.m. Navigating Evolving CRA Requirements and Effective Communication This session will explore ways to utilize free or affordable tools and ideas for turning your projects into exciting posts, to share the great work that your CRA is doing to improve your redevelopment area. 10:15 a.m. - 10:30 a.m. Refreshment Break in the Exhibit Hall 10:30 a.m. - 11:30 a.m. The Final Countdown: Transitioning Beyond CRA As the sunset of your Community Redevelopment Area (CRA) approaches, redevelopment professionals must navigate a complex landscape to ensure that ongoing projects are completed, funding is appropriately allocated, and community goals are met. This session will provide vital strategies, tools, and insights for professionals working within CRAs to manage the transition effectively and with minimal disruption to redevelopment efforts. 10:30 a.m. - 11:30 a.m. The Pond Awakens: From Stormwater Pond to Strolling Paths Learn how to work together with various agencies (FDOT & City) and multiple departments in the city (CRA, Parks and Rec, Public Works, Utilities) to redevelop an area, and talk with the adjacent private property owners for their buy-in and support of a project. 10:30 a.m. - 11:30 a.m. A Tale of Two CRAs: Using the Federal Brownfields Program to Boost Redevelopment In 2023, the Cities of Apopka and Kissimmee joined the East Central Florida Regional Planning Council’s Resilient Corridors Brownfields Coalition to fund redevelopment projects within their CRAs. Learn how both cities have used this program to boost the redevelopment of catalyst sites and attract new investment within their districts. 11:30 a.m. - 1:00 p.m. Networking Luncheon in the Exhibit Hall 1:00 p.m. - 2:30 p.m. Keynote Address 1393 #FRA2025 • 7 THE FLOTHE FLORRIDAIDA ASSOCIATIONASSOCIATION3:00 p.m. - 4:30 p.m. Part 1: Enhancing Community Safety: The West Palm Beach CRA Experience Learn how the West Palm Beach CRA has significantly improved security and reduced crime through innovative initiatives and community partnerships. Part 2: Crackdown on Carson Explore the remarkable transformation of Carson Drive in Fort Walton Beach, showcasing the power of evidence-based crime prevention design principles. Once a high-crime area, Carson Drive has evolved into a safer, more welcoming environment that supports family living. The session will demonstrate how systematic application of Crime Prevention Through Environmental Design (CPTED) principles can dramatically improve high-crime areas, benefiting the entire community. 3:00 p.m. - 4:30 p.m. From Empty to Energized: Reclaiming Spaces for Walkable Vitality Redevelopment districts can deliver the energy, connection, and character that draw people in—but vacant storefronts, empty lots, and underutilized buildings can quickly drain that momentum. Across Florida, CRAs are addressing these challenges through interim uses—strategic activations that bring spaces back to life over a multi-year horizon. From community markets and food truck courts to neighborhood hubs, creative site design, and adaptive reuse, these mid- term solutions increase foot traffic, improve public perception, and lay the groundwork for permanent investment. Learn how communities are leveraging design-forward strategies and local partnerships to restore vibrancy, build confidence, and transform vacant properties into active, valuable assets. Walk away with actionable ideas and proven tools to turn stalled sites into walkable destinations that align with your CRA’s long-term redevelopment goals. 6:30 p.m. - 8:30 p.m. Academy Graduation and Awards Banquet Help us congratulate our Academy graduates, award winners, and the 2025-2026 Board of Directors. (This event is included with a full registration. Guest tickets are available for an additional fee. See page 9 for details.) Keynote Presentation: Inclusive Transportation: A Manifesto for Repairing Divided Communities Keynote Speaker: Veronica O. Davis, PE, Director, Cities Program, AtkinsRéalis Veronica O. Davis, PE, is a self- described transportation nerd and author of “Inclusive Transportation: A Manifesto for Repairing Divided Communities.” She believes everyone should have access to safe, reliable, and affordable transportation. She is currently the Director of Cities Program for AtkinsRéalis. She has over 20 years of experience in civil engineering and planning. Under the Mayor Turner Administration, she was the Director of Transportation and Drainage Operations for the City of Houston. She is also the co-founder and former Managing Partner at Nspiregreen LLC. She is one of the co-founders of Black Women Bike (BWB). She was the Vice President and City of Houston representative on the National Association of City Transportation Officials. She earned her dual Master’s Degrees (engineering management and regional planning) from Cornell University and a Bachelor of Science in civil engineering from the University of Maryland. In July 2012, the White House recognized her as a Champion of Change and Transportation Innovator for her professional accomplishments and community advocacy in transportation. She currently lives in Baltimore, MD, with her husband and child. 2:45 p.m. - 3:00 p.m. Annual Membership Meeting 3:00 p.m. - 4:30 p.m. Counties Can Do Redevelopment Too - The Polk County Experience While CRAs tend to be city-oriented, redevelopment also occurs in counties. Over the past couple of years, Polk County has reinvigorated its redevelopment efforts using various methods and techniques. This session will summarize these efforts and also provide examples of how to do redevelopment without a CRA. 1394 #FRA2025 • 8 THE FLOTHE FLORRIDAIDA ASSOCIATIONASSOCIATIONFRIDAY, OCTOBER 17, 2025 8:00 a.m. - 10:00 a.m. Registration Desk Open 8:30 a.m. - 9:30 a.m. Light Continental Breakfast 8:30 a.m. - 11:30 a.m. Breakfast with the Experts Enjoy a light continental breakfast at this flexible networking session. Breakout groups will focus on redevelopment hot topics such as affordable housing, ongoing maintenance in a CRA, and many more. This will be a great opportunity to network, share success stories, and learn from your peers. 9:30 a.m. - 11:30 a.m. Hot Legal Topics in Redevelopment Join us as we hold a session on hot legal topics regarding redevelopment. We will have our best CRA legal minds discuss the 2019 changes to Florida Statutes, Chapter 163, Part III, recent updates to Florida Statutes, Chapter 189, and legislation on topics impacting redevelopment and CRAs. 9:30 a.m. - 11:30 a.m. Part 1: Unlocking Funding for Redevelopment: Grants, Incentives, and Creative Strategies Explore the multifaceted world of funding redevelopment projects, focusing on securing grants, offering grants as incentives, and exploring other innovative funding strategies. Attendees will gain insights into the latest trends, best practices, and practical approaches to finance their redevelopment initiatives effectively with real-life examples of the positive outcomes. Part 2: Don’t Take Your Funding for Granted: Using Grants of All Sizes to Catalyze Redevelopment in Your CRA Many CRAs have initiatives aimed at revitalizing the district and attracting new businesses to the community. These programs can take the shape of awarding grants for residences and businesses alike so that they can make improvements without facing major economic hardships. Some programs that will be discussed are a Home Preservation Program, Residential Improvement Matching Grant, Residential Paint Program, and Commercial Facade Program. This session will explore these residential and commercial grant options with advice on how to successfully implement or revamp your CRA grant programs. 11:30 a.m. Conference Adjourns 1395 #FRA2025 • 9 THE FLOTHE FLORRIDAIDA ASSOCIATIONASSOCIATION Full Name: ____________________________________________ Nickname (for badge): ____________________________ Title: ______________________________________________ Organization: _____________________________________ Email: ___________________________________________________________ Phone: ____________________________ Guest/Spouse** (if purchasing): ____________________________ Nickname (for badge): ___________________________ REGISTRATION TYPE MEMBER NONMEMBER TOTALS Full Registration (October 14-17, 2025) $395.00 $495.00 ______ Full Registration (October 14-17, 2025 – After September 26) $495.00 $595.00 ______ CRA Board Training Course (October 15 at 8:00 a.m.)$50.00 $50.00 ______ Tour (bus): West Palm Beach/Riviera Beach (October 15 at 7:15 a.m.)$50.00 $50.00 ______ Tour (bus): Delray Beach/Boynton Beach (October 15 at 7:15 a.m.)$50.00 $50.00 ______ Tour (bus): Lake Worth/West Gate (October 15 at 7:15 a.m.)$50.00 $50.00 ______ Tour (walking): City Place/Downtown (October 15 at 7:15 a.m.)$50.00 $50.00 ______ Guest/Spouse Registration** (October 14-17, 2025)$325.00 $325.00 ______ Extra Ticket: Academy Graduation and Awards Banquet (October 16 at 6:30 p.m.) (The banquet ticket is included with a full registration and a guest registration. If attending the banquet only and not attending conference, a banquet ticket must be purchased.)$75.00 $75.00 ______ TOTAL $ _________ Online Registration – Credit Cards Only: Click here to register online and pay with a credit card. The FRA accepts Visa, Mastercard or American Express. Mail Registration – Checks Only: Complete the registration form if you are paying by check. Mail the registration form and check to the Florida Redevelopment Association Annual Conference, P.O. Box 1757, Tallahassee, FL 32302 by October 10, 2025. Registration Deadline: After 5:00 p.m. on September 26, 2025, registrations are subject to a $100.00 fee increase. Online registration closes on October 10, 2025. Special Needs: If you require special services or have dietary needs, please attach a written description to your registration form. Cancellation Policy: Conference registration cancellation requests must be emailed to mmontgomery@flcities.com no later than 5:00 p.m. on September 26, 2025, to be eligible for a conference registration refund. A $50.00 cancellation fee will be applied to all cancellations. Refunds will be issued after the conference. No refunds will be made after September 26, 2025, or for early departure from the conference. 2025 FRA ANNUAL CONFERENCE REGISTRATION FORM Hilton West Palm Beach • West Palm Beach • October 14-17, 2025 Florida Redevelopment Association P.O. Box 1757 • Tallahassee, FL • 32302-1757 • 850.701.3636 • mmontgomery@flcities.com THE FLOTHE FLORRIDAIDA ASSOCIATIONASSOCIATION 1396 Meeting Minutes Special Community Redevelopment Agency Boynton Beach, Florida August 29, 2017 It was noted the vote was to accept the rankings and start negotiations with Centennial and go before the CRA Advisory Board and come back to the Board in September. It was noted the SAIL application is due October 5 to the Florida Housing Finance Agency. Centennial would need contract and site plan approval form filled out and verification of utilities. The Advisory Board could review the presentation next week and before the regular September CRA meeting. The members discussed if they were awarded the 4% SAIL, if they could apply for the 9%, however, the timeline is Centennial would have to accept the SAIL if awarded. Vice Chair Katz favored seeking the 9% first and if that failed, the opportunity for CRA financing this year as the option. Ms. Ramel us agreed as did Mr. Casella. There was consensus to apply for the 9% and then discuss the non -competitive bids after the 9% application which is due in early September . Mr. Simon asked if there was any interest to move forward with acquisition by Centennial while they are going through the non-competitive application. Chair Grant wanted the CRA Advisory Board to review it because they have a little bit more time if they do not get 9%. If they do not receive the 9% credits, they could still apply for the 4% credits. Mr. McCray requested a copy of who voted for what and iearned it could be obtained via public records request. There was agreement for the Advisory Board to review the proposal and come back in September to finalize negotiations. VI. New Business A. Discussion and Consideration of CRA Advisory Board Attendance at the 2017 Florida Redevelopment Conference Mr. Simon explained the budget allows for funding for travel to the above. Last year several members of the Advisory Board attended the conference. Due to information and deadlines for registrations , staff understood the Advisory Board members were approved. Last year, the CRA Board wanted to approve attendance for the next Conference. This year, the Conference is October 17th through October 20 1h. Mr. Casella asked if it was legal for CRA Advisory Board members to attend and learned it was and other elected officials who are not part of the Board attended. It was a Board decision. He suggested members that did not go last year attend. Attorney Rosamell suggested issuing a public notice the advisory board members would attend . Mr. McCray asked about this because this is the only advisory board that was sending its members to a conference. No other Board does so. He noted legal indicated it was as long as it is okay. Chair Grant favored paying the registration and conference, but not the mileage and meals. He thought there was a learning aspect and perhaps the Chair of other advisory boards, if there is a conference , they receive reimbursement for the lodging and registration. 19 1397 Meeting Minutes Special Community Redevelopment Agency Boynton Beach, Florida August 29, 2017 David Katz, 67 Midwood Lane, objected to the allocation last year. He noted Vice Chair Katz questioned it last year and Mr. Casella agreed with Vice Chair Katz comments. Chair Gant was concerned about the responsibility to the taxpayers. Commissioner Romelus believed education and a conference would yield a better product. Mr. Katz explained as the Chair of the Planning and Development Board, he calls the member beforehand and recommends they go to staff and ask questions. The CRA has a Director and Assistant Director that could provide the same information without the cost if they attended and advise the advisory board members about the conference . If all seven advisory board members attended, it would cost $8,400. Mr. Katz pointed out last year members of the Planning and Development Board attended a conference in Palm Springs and paid $25 each. The members did not get reimbursed and he did not support reimbursement as they are volunteering, The backup for the prior item was not provided to the public and staff had informed him it was against the Florida statute. He thought Statute 163 was specific about what CRA tax money can be spent on and advised it was for Board members and it never mentions an advisory board. He hoped it would not result in ethics complaints noting the CRA Advisory Board is not quasi-judicial. He thought it was not right to send the advisory board members on a trip with taxpayer funds. If may be legal, but it may not be right. He read a passage from James Madison "I cannot undertake to lay my finger on that article of the constitution which granted a right to Congress of expending on objects of benevolence the money of their constituents." Mr . Katz thought it was unwarranted. No public comments were received. Vice Chair Katz agreed it opens a slippery slope and there is no one more important than another. He thought someone could go and convey information and obtain materials and resources to provide an education locally. He agreed with Mr. Katz' comments. If he supported the request, he would send the liaison for any advisory board if there is a worthwhile learning event. Ms. Romelus favored sending three members and asked how many Board members are going to the conference in October. Mr . McCray responded he had not made his decision. She thought no one was going and thought if there were funds allocated and if individuals attended and brought information back, it would be helpful. The Advisory Board is asked to review things that are high level. She thought the advisory Board can rotate attendance, if CRA board members are not going. She noted Linda Cross attends every CRA meeting and thought she should attend. Ms. Romelus attended the conference last year and she learned a lot. They are volunteers. If none of the CRA Board members are going , she thought the offer should be extended to the Advisory Board. They will have a benefit. Mr. McCray noted Mr. Pollack, Vice Chair of the Advisory Board was present. Chair Grant looked up the quote from Madison and said it was different because it was about spending tax dollars to help French refugees from the Haitian revolution from 20 1398 Meeting Minutes Special Community Redevelopment Agency Boynton Beach, Florida August 29, 2017 Wikipedia. He was aware City Boards have community support funds. He thought part of the new way of government is helping the community and he thought a report should be given. Last year, Linda Cross, the CRA Advisory Board Chair provided a report. He favored limiting the conference to two members and the CRA AB can decide who would go. Mr. Casella thought a rotating basis would be appropriate with the first choice of who to send be someone who has attended in the past. Just lodging and conference expenses would be paid. Mr. Pollack advised most of the Board works and they need months in advance to schedule attending in October . He thought it was a good idea and two people should go. They could learn and come back . There was consensus to limit the conference to two persons and to limit the cost to conference fees and lodging. Vice Chair Katz favored a cap at $1,200 and they could reimburse for lodging. Chair Grant liked the registration and the lodging, not mileage or meals. Commissioner McCray did not approve of it. Mr. Casella was fine with the registration and lodging. Ms. Romelus was also fine with the discussion. Chair Grant requested a motion to allow two members of the CRA Advisory Board with funding allowed for lodging and registration. This would become a policy so the do not have to return to the Board for approval next year Motion Commissioner Romelus moved to approve. Mr. Casella seconded the motion that passed 4-1 (Commissioner McCray dissenting.) VII. Adjournment Motion Ms. Romelus moved to adjourn. Mr. McCray seconded the motion that unanimously passed . The meeting was adjourned at 9:56p.m . ~bJL &-W-LL- Catherine Cherry (J Minutes Specialist 21 1399