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Agenda 05-12-261.Call to Order 2.Invocation 3.Pledge of Allegiance 4.Roll Call 5.Agenda Approval 6.Legal 7.Informational Items and Disclosures by Board Members and CRA Staff: 8.Information Only A.CRA Economic & Business Development Grant Program Update B.Heart of Boynton Shops Project Update C.Project Update on the Residential Improvement Grant Program Rules & Regulations D.Annual Reports as required by the Tax Increment Revenue Funding Agreements for CRA Development Projects E.Miscellaneous Quarterly Reports for January - March 2026 9.Announcements and Awards A.Rock the Plaza at Ocean Plaza on May 16, 2026 from 2:00 PM - 6:00 PM Community Redevelopment Agency Board Meeting Tuesday, May 12, 2026 - 6:00 PM City Hall Chambers, 100 E. Ocean Avenue and Online Meeting 561-737-3256 AGENDA REVISED AGENDA as of May 8, 2026 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 10.Public Comments 11.Consent Agenda A.Approval of the Joint CRA Board/City of Boynton Beach Commission Meeting Minutes for April 14, 2026 B.Approval of the CRA Board Meeting Minutes for April 14, 2026 C.Approval of the Joint CRA Board/City of Boynton Beach Commission Meeting Minutes for April 21, 2026 D.CRA Financial Report Period Ending April 30, 2026 E.Approval of a Waiver for the Commercial Rent Reimbursement Grant Program to Bungalow at Boynton LLC d/b/a The Bungalow Bar & Grill located at 511 NE 4th Street F.Approval of Five Commercial Economic Development Grant Program Applications G.Approval of the Second One (1) Year Extension of Contract with Vincent and Sons Landscaping, Inc. for Lawn Maintenance of CRA Owned Properties H.Approval of BB1 Development, LLC's Request for Extension of Construction Commencement per the First Amendment to the Tax Increment Revenue Funding Agreement for the Ocean One Project located at 114-222 N. Federal Highway I.Approval of the First Amendment to the Tax Increment Revenue Funding Agreement with BB North LLC for The Villages located at 405 E. Ocean Avenue 12.Pulled Consent Agenda Items A.Request for Authorization to Open Money Market Account - TABLED ON APRIL 14, 2026 TO A DATE CERTAIN ON MAY 12, 2026 13.CRA Advisory Board A.Honoring Boynton Beach Heisman Heroes Presentation 14.Old Business A.Consideration of a Letter of Intent from Lennar Homes LLC as a Result of a Notice to The public comment section of the meeting is for public comment on ALL items on the agenda or items that are not on the agenda. 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. 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. 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, 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. Speakers may be asked to state their name address for the record. Any person may provide written comment(s) to the Board prior to the Board meeting. 2 Dispose 419 N. Seacrest Boulevard B.Consideration of Terms for a Purchase and Development Agreement with Lennar Homes LLC for the Development of Affordable/Workforce Infill Housing C.Consideration of the Amendment No. 2 to the Agreement for On-Demand Transportation Service with Circuit Transit Inc. D.Consideration of the Commercial Property Improvement Grant Program to Potiwa Pizza LLC located in the Heart of Boynton Shops at 137 NE 10th Avenue, Unit 104 15.New Business A.Consideration of the Commercial Business Relocation Grant Program Guidelines and Application for Fiscal Year 2025-2026 B.Consideration of Fiscal Year 2025-2026 Budget Reallocation for Commercial Business Relocation Grant Program C.Consideration of the Purchase of 221 NE 9th Avenue D.Consideration of Fiscal Year 2025-2026 Budget Reallocation for Property Purchase of 221 NE 9th Avenue E.Discussion Regarding CRA Strategic Planning â€“ Redistricting, Property Acquisition Plan / Bond & CRA Plan Update F.Approval of Amended Classification and Pay Plan â€” Establishment of Four New Position Classifications 16.Future Agenda Items 17.Adjournment NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CRA BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CRA SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CRA. PLEASE CONTACT THE CRA, (561) 737-3256, AT LEAST 48 HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CRA TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CRA'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CRA'S WEB SITE CAN BE OBTAINED FROM THE CRA OFFICE. 3 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: May 12, 2026 INFORMATION ONLY AGENDA ITEM 8.A 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 2025-2026: FY 2025-2026 Budget $620,000 April 2026 Budget Adjustment $200,000 Grants Awarded Since October 1, 2025 ($680,635.64) Remaining Fund Balance as of 4/7/26: $139,364.36 List of CRA Board approved Economic Development Program Grantees since October 1, 2025: Business Name Address Grant Grant Amount Love in Orbit LLC d/b/a Fly & Flow Fitness 640 E. Ocean Avenue, Unit 20 Rent Reimbursement $9,000 The Coffee and Ale Exchange LLC d/b/a Bond Street Ale and Coffee 1626 S. Federal Highway Property Improvement $50,884.60 Xpedited Health Care LLC 137 NE 10th Avenue, Unit 102 Property Improvement $1,975 4 Rusty's Restaurant and Lounge LLC d/b/a Rusty's Carib Cuisine 510 E. Ocean Avenue, Unit 107 Rent Reimbursement Property Improvement $82,786.26 Propco 1140 W Industrial Boynton FL LP 1140 W. Industrial Avenue Property Improvement $25,000 A&A Investments 332 W. Boynton Beach Boulevard Property Improvement $25,000 Second Rodeo Hospitality LLC d/b/a Second Rodeo 640 E. Ocean Avenue, Unit 6 Rent Reimbursement $19,200 Hope Pool and Spa LLC 1220 W. Industrial Avenue, Unit 5 Rent Reimbursement $18,806.28 Forward Leaders Group LLC d/b/a Big John's To-Go 137 NE 10th Avenue, Unit 105 Property Improvement (Design Fees) $2,806 Xpedited Health Care LLC 137 NE 10th Avenue, Unit 102 Property Improvement (Design Fees) $137.50 WhatSub Boynton LLC 630 E. Ocean Avenue Rent Reimbursement Property Improvement $84,000 Shiv Shakti Donut Corporation d/b/a Dunkin'2728 N. Federal Highway Property Improvement $50,000 Rob's Golf Cart Corp 805 N. Federal Highway Rent Reimbursement Property Improvement $41,040 Civic Center Condominium Association Inc. 612 N. Federal Highway Property Improvement $25,000 Go French Concept LLC d/b/a Le Petit Pain Bakery 618 E. Ocean Avenue Rent Reimbursement Property Improvement $84,000 1545 Restaurant & Seafood Acquisitions FL LLC d/b/a Soul Southern Food & Vibes 301 E. Boynton Beach Boulevard Property Improvement $50,000 Pending May, 12, 2026 Approvals GGSS Delray LLC d/b/a goGLOW Boytnon Beach 1501 S. Federal Highway Rent Reimbursement Property Improvement $56,000 618 E. Ocean Ave LLC 618 E. Ocean Avenue Property Improvement $25,000 MVB, Inc. d/b/a Rivalries Sports Pub 510 E. Ocean Avenue, Unit 101 Rent Reimbursement $24,000 5 Logo Legend LLC 680 W. Industrial Avenue, Unit 7 Rent Reimbursement $6,000 FISCAL IMPACT: FY 2025-2026 Budget, Project Fund, Line Item 02-58400-444, $820,000 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. 6 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: May 12, 2026 INFORMATION ONLY AGENDA ITEM 8.B SUBJECT: Heart of Boynton Shops Project Update SUMMARY: At the September 9, 2025 Board Meeting, the Board requested a detailed update regarding The Heart of Boynton Shops (HOB Shops). The HOB Shops includes eight units totaling 8,250 sq ft of commercial space in the Heart of Boynton Village Apartments located at 137 NE 10th Avenue. Since the construction broke ground in 2022, CRA staff has continued to work with local small businesses through the leasing and tenant build-out process for the spaces. Each unit, at the time of lease-up, is a gray shell that lacks mechanical, electrical, plumbing, and interior walls. This presented a financial barrier to many local small businesses. In December 2022, in response to public comment at the September 2022 meeting, the CRA Board approved additional funding to offset the build-out cost by providing $51,714.28 for each of the seven units available for lease (Unit 108 is reserved for the CRA's NOP Program) to assist with eligible build-out expenses like the mechanical, electrical, plumbing and ADA improvements. By June 2024, five units had their building permits approved, however construction did not begin until February 2025. Work on the units by Centennial Management Corporation (CMC) began in February 2025. Below is a summary of the current tenants, permitting status and construction status. At the February 2025 meeting, the CRA approved a Waiver and Ancillary Agreement for the Development Agreement with CMC which allowed each tenant to select the contractor of their choice while still having access to the funding provided for in the Development Agreements. Unit 104 and Unit 107 opted to use a different contractor for their build-outs. Unit Number Tenant Name Permit Approval Date Permit Issuance Date Days Delayed from Permit Approval Construction Start Date Days in Construction 7 101 The Old Testament Bakery LLC ----- 102 Xpedited Health LLC December 1, 2025 March 24, 2026 2 March 26, 2026 19 103 JB Dental Care LLC February 6, 2025 February 13, 2025 8 February 21, 2025 417 104 Potiwa Pizza LLC (selected a different GC) June 10, 2024 February 7, 2025 242 February 21, 2025 417 105 Big John's To-Go June 13, 2024 February 4, 2025 236 February 21, 2025 417 107 Gillion & Co. (selected a different GC) May 21, 2024 February 4, 2025 279 February 21, 2025 417 Since July 30, 2025, CRA Staff meets weekly with CMC onsite to monitor progress and coordinate the construction activities at the Heart of Boynton Shops. At the November 10, 2025 meeting, the Board directed staff to work with the HOB Shops tenants and bring back a summary of the build-out costs and funding concerns. At the December 9, 2025 meeting, the Board approved an increase in funding to cover 60% of eligible build-out expenses in each unit. This funding equates to approximately $425,000 with contingency. The Board also made a motion that allows the tenant's Commercial Property Improvement Grant Funding be reallocated to the Development Agreement. The amendments for Units 102, 103, 105, 106 and 107 were approved at the January CRA Board meeting. Recent Progress: Unit 101: working towards final design plans for permit application Unit 102: began construction in late March, currently rough plumbing and framing is complete; HVAC and duct work in progress with electrical to begin the following week Unit 103: FPL meter in place, final paint to begin May 4th followed by dental equipment install Unit 105: nearing completion with final work on mechanical and electrical. Restaurant equipment started installation Unit 106: Completed and received its Certificate of Occupancy on March 11, 2026 Unit 108: Completed and received its Certificate of Occupancy on March 6, 2026 Photo updates are provided as Attachment I. FISCAL IMPACT: Fiscal Year 2021-2022 Budget; Project Fund Line Item 02-58200-406 - Local Government Match Contribution $625,750 and Commercial/Retail Component $2,300,815 (commercial component); TIRFA $1,630,280 and $433,008.45 Second Development Agreement for the Residential Component 8 •Attachment I - HOB Shops Photo Update FY 2025-2026; Project Fund Line Item 02-58200-406 - $425,000 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach CRA Community Redevelopment Plan CRA BOARD OPTIONS: To be determined based on Board direction. ATTACHMENTS: Description 9 10 11 12 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: May 12, 2026 INFORMATION ONLY AGENDA ITEM 8.C SUBJECT: Project Update on the Residential Improvement Grant Program Rules & Regulations SUMMARY: As a result of the CRA budget adoption for FY 2025-2026, the CRA Board approved funding four CRA Code Enforcement Officers. Included in Exhibit A of the Interlocal Agreement for Funding for Code Enforcement Officers, the officers would be able to facilitate any funds that may become available through grants for residential improvements (see Attachment I). In coordination with City and CRA staff, the Residential Improvement Grant Program (Program) was created to enhance neighborhood revitalization by providing financial resources that allow residential properties to improve and restore their homes, strengthen community pride, and promote a safe and attractive living environment. CRA and City staff met on October 28, 2025, to discuss preliminary terms to be included in the Program (see Attachment II). City and CRA staff met again on November 23, 2025, with CRA legal to review the statutory limitations and/or support for the Program (see Attachment III). On February 9, 2026, the CRA Board requested a draft Program be presented at the March 9, 2026 Board meeting, and to include driveway repair/expansion as an eligible improvement for grant funding. At the March 9, 2026 meeting, the CRA Board approved the draft terms of the program as outlined in Attachment IV. The CRA Board also requested the Program be included in the Joint CRA-City Meeting on April 14, 2026. Attachment V is a presentation overview of the Program. The draft Program Rules & Regulations are provided as Attachment VI. CRA and City staff continue to coordinate as we prepare to launch the grant program FISCAL IMPACT: FY 2025-2026 Budget, General Fund 01-51620-209, $100,000 ($50,000 for voluntary applicants/$50,000 for code cases) CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan 13 •Attachment I - ILA for Code Enforcement Officers •Attachment II - October Meeting Notes •Attachment III - November Meeting Notes •Attachment IV - Residential Improvement Grant Final Terms •Attachment V - Residential Improvement Grant Presentation •Attachment VI - Draft Residential Improvement Grant Program CRA BOARD OPTIONS: No Board action required at this time. ATTACHMENTS: Description 14 RESOLUTION NO. R25-302 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY AND THE BOYNTON BEACH COMMUNITY 4 REDEVELOPMENT AGENCY FOR FUNDING FOR CODE ENFORCEMENT OFFICERS; AND FOR ALL OTHER PURPOSES. WHEREAS, the City Commission of the City of Boynton Beach, Florida, has determined 9 that one or more slum or blighted areas exist within the City of Boynton Beach; and 10 WHEREAS, the City Commission established the Community Redevelopment Agency 1 1 ("CRA") for the purpose of carrying out redevelopment activities within those identified slum and 12 blighted areas; and 13 WHEREAS, the prevention and elimination of slums and blight is a matter of state policy 14 and public concern, as recognized under Florida law; and 15 WHEREAS, the CRA Plan has identified goals to encourage and initiate various code 16 enforcement policies, as well as other means deemed feasible and appropriate to stabilize and 17 enhance neighborhoods and commercial areas; and 18 WHEREAS, the CRA may lend, grant, or contribute funds to a municipality for the purpose 19 of aiding in the planning, undertaking, or carrying out of community redevelopment and related 20 activities; and 21 WHEREAS, the City and the CRA desire for the City to establish four (4) new code 22 enforcement officers who will be proactive and work in coordination with CRA residents and 23 businesses (each a "Code Enforcement Officer (CRA)"); and 24 WHEREAS, the Code Enforcement Officer (CRA) positions will focus on outreach and 25 remediation, work offset schedules to increase visibility and hours of service, and seek 26 enforcement on their own volition, and coordinate with the Neighborhood Officer Policing 27 Program, CRA businesses, and CRA residents; and 28 WHEREAS, the CRA desires to provide funding to the City for the four (4) new Code 29 Enforcement Officer (CRA) positions through reimbursement; and 30 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 31 best interests of the City's citizens and residents to approve an Interlocal Agreement between the 15 RESOLUTION NO. R25-302 32 City and the Boynton Beach Community Redevelopment Agency for Funding for Code 33 Enforcement Officers. 34 35 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 36 BEACH, FLORIDA, THAT: 37 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 38 being true and correct and are hereby made a specific part of this Resolution upon adoption. 39 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 40 approve an Interlocal Agreement between the City and the Boynton Beach CRA for Funding for 41 Code Enforcement Officers (the "Agreement"), in form and substance similar to that attached as 42 Exhibit A. 43 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 44 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any 45 ancillary documents required under the Agreement or necessary to accomplish the purposes of 46 the Agreement, including any term extensions as provided in the Agreement, provided such 47 documents do not modify the financial terms or material terms. 48 SECTION 4. Upon full execution of the Interlocal Agreement, the Interlocal Agreement 49 shall be filed with the Clerk of the Circuit Court of Palm Beach County, Florida, as required by 50 Section 163.01(11), Florida Statutes, for interlocal agreements. 51 SECTION 5. This Resolution shall take effect in accordance with the law. 52 SIGNATURES ON THE FOLLOWING PAGE] 53 16 RESOLUTION NO. R25-3021I 54 PASSED AND ADOPTED this fel day of MN-erYlEVI 2025. 55 CITY OF BOYNTON BEACH, FLORIDA 56 YES NO 57 Mayor- Rebecca Shelton b-ii-- 58 59 Vice Mayor-Woodrow L. Hay 60 61 Commissioner-Angela Cruz T'r 62 63 Commissioner-Thomas Turkin f/ 64 65 Commissioner-Aimee Kelley 66 67 VOTE 68 ATT' 69 i 70 i lI, /,tel, moi- 71 Maylee De ,_ us, MPA, MC Rebecca Shelton 72 City CI-rk i z,,, Mayor BOYN7-:73 O ......, O 74 Sv 1'F APPROVED AS TO FORM: 75 (Corporate Seal)AL 76 77 CORP RATE: Z.je Ute/f/c r/W I' F ORI78 DA _' Shawna G. Lamb 79 i ..--- City Attorney 17 CFN D '-20251203800003 RECORDED 12/3/2025 10:26 AM Palm Beach County,Flonda Michael A.Caruso,Clerk Pgs:-,(6pgs) INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR CODE ENFORCEMENT OFFICERS WNerykur THIS AGREEMENT("Agreement")is made this 'day bf 20cby and between the CITY OF BOYNTON BEACH, a Florida municipal corporation, (hereinafter referred to as City"),and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY,a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes (hereinafter referred to as the "CRA"). The City and CRA may be referred to herein individually as a"Party"and collectively as the"Parties." WITNESSETH: WHEREAS, the City Commission of the City of Boynton Beach, Florida, has determined that one or more slum or blighted areas exist within the City of Boynton Beach; and; WHEREAS, the City Commission established the CRA for the purpose of carrying out redevelopment activities within those identified slum and blighted areas; and WHEREAS,the prevention and elimination of slums and blight is a matter of state policy and public concern, as recognized under Florida law; and WHEREAS,the term "slum area"is defined as an area having physical or economic conditions conducive to disease, infant mortality,juvenile delinquency, poverty, or crime because there is a predominance of buildings or improvements, whether residential or nonresidential, which are impaired by reason of dilapidation, deterioration, age, or obsolescence,.and which exhibits one or more additional elements; and WHEREAS, additional elements that contribute to the designation of a"slum area" include the inadequate provision for ventilation, light,air, sanitation,or open spaces,and the existence of conditions that endanger life or property by fire or other causes;and WHEREAS,the term"blighted area"is defined as an area in which there are a substantial number of deteriorated or deteriorating structures, and; in which conditions endanger life or property or are leading to economic distress, and which exhibits two or more additional elements; and WHEREAS,additional elements that contribute to the designation of a"blighted area"include unsanitary and unsafe conditions and a greater number of violations of the Florida Building Code in the area than the number of violations recorded in the remainder of the county or municipality;and WHEREAS, the City and the CRA are empowered to make and execute contracts and other instruments necessary to carry out the purposes of community redevelopment;)and WHEREAS,the City and the CRA are empowered to disseminate slum clearance information; and 4931-7977-0742,v.2 18 RECORDED DEC 0 3 2025 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BbitNifiStieftMeftAND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR CODE ENFORCEMENT OFFICERS I JerM2kf THIS AGREEMENT ("Agreement") is made this 1 dayof 20 ;by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation, (hereinafter referred to as City"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes (hereinafter referred to as the "CRA"). The City and CRA may be referred to herein individually as a"Party" and collectively as the "Parties." WITNESSETH: WHEREAS, the City Commission of the City of Boynton Beach, Florida, has determined that one or more slum or blighted areas exist within the City of Boynton Beach; and WHEREAS, the City Commission established the CRA for the purpose of carrying out redevelopment activities within those identified slum and blighted areas; and WHEREAS,the prevention and elimination of slums and blight is a matter of state policy and public concern, as recognized under Florida law; and WHEREAS, the term "slum area"is defined as an area having physical or economic conditions conducive to disease, infant mortality,juvenile delinquency, poverty, or crime because there is a predominance of buildings or improvements, whether residential or nonresidential, which are impaired by reason of dilapidation, deterioration, age, or obsolescence, and which exhibits one or more additional elements; and WHEREAS, additional elements that contribute to the designation of a "slum area" include the inadequate provision for ventilation, light, air, sanitation, or open spaces and the existence of conditions that endanger life or property by fire or other causes; and WHEREAS, the term "blighted area"is defined as an area in which there are a substantial number of deteriorated or deteriorating structures, and; in which conditions endanger life or property or are leading to economic distress, and which exhibits two or more additional elements; and WHEREAS,additional elements that contribute to the designation of a"blighted area"include unsanitary and unsafe conditions and a greater number of violations of the Florida Building Code in the area than the number of violations recorded in the remainder of the county or municipality; and WHEREAS, the City and the CRA are empowered to make and execute contracts and other instruments necessary to carry out the purposes of community redevelopment; and WHEREAS,the City and the CRA are empowered to disseminate slum clearance information; and 4931-7977-0742,v.2 19 WHEREAS,the City and the CRA are empowered to enter into any building or property in any community redevelopment area in order to make inspections, surveys, appraisals, soundings,or test borings and to obtain an order for this purpose from a court of competent jurisdiction in the event entry is denied or resisted; and WHEREAS,the City and the CRA are empowered to make or have made all surveys and plans necessary to the carrying out of the purposes of this part; to contract with any person, public or private, in making and carrying out such plans; and to adopt or approve, modify, and amend such plans, which plans may include, but are not limited to (1) plans for carrying out a program of voluntary or compulsory repair and rehabilitation of buildings and improvements,and 2)plans for the enforcement of state and local laws, codes, and regulations relating to the use of land and the use and occupancy of buildings and improvements and to the compulsory repair, rehabilitation,demolition,or removal of buildings and improvements; and WHEREAS, the CRA Plan has identified goals to encourage and initiate various code enforcement policies, as well as other means deemed feasible and appropriate in order to stabilize and enhance neighborhoods and commercial areas; and WHEREAS, the City and the CRA desire for the City to establish four (4) new code enforcement officers who will be proactive and work in coordination with CRA residents and businesses(each a"Code Enforcement Officer(CRA)"); and WHEREAS, the Code Enforcement Officer (CRA) positions will focus on outreach and remediation,work offset schedules to increase visibility and hours of service,seek enforcement on their own volition, and coordinate with the Neighborhood Officer Policing Program, CRA businesses, and CRA residents; and WHEREAS, the CRA desires to provide funding to the City for the four(4) new Code Enforcement Officer(CRA)positions through reimbursement; and WHEREAS,the City and the CRA find that this Agreement serves a municipal and public purpose, and is consistent with and in furtherance of the Community Redevelopment Plan and the requirements of Chapter 163, Florida Statutes. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained,the Parties agree as follows: 1. Recitations.The recitations set forth above are hereby incorporated herein. 2. Code Enforcement Officer Positions. Following execution of this Agreement, the City shall establish and fill four(4)new positions titled "Code Enforcement Officer(CRA)". The City shall ensure that each position is structured, assigned, and maintained in accordance with the roles,responsibilities, and requirements outlined in Exhibit"A." 3. Update to Exhibit "A." Exhibit "A" to this Agreement may be updated at any time by the mutual consent of both parties in a form mutually consented to by both parties. At such time as each party adopts an identical Exhibit"A" in a duly noticed public meeting,this Agreement 4931-7977-0742,V.2 20 shall be deemed amended such that the most recently adopted Exhibit "A" replaces the prior version of the Exhibit "A" in this Agreement without further action by the parties. 4. Funding. The CRA shall provide funding to the City in an amount not to exceed three hundred and eight thousand, nine hundred and sixty-five dollars ($308,965) in total for the four(4) Code Enforcement Officer(CRA)positions. Such funding shall be provided on a reimbursement basis as set forth in this Agreement.This Agreement and all obligations of the CRA are subject to and contingent upon annual budgetary funding and appropriations by the CRA. 5. Reimbursement. To obtain reimbursement from the CRA for costs associated with the Code Enforcement Officer(CRA)positions, the City shall provide a written request for reimbursement of funds to the CRA once per quarter,no later than 15 days after the end of the service period.The written request from the City must include all documentation necessary to show the payment and purpose of the payment for which the City is seeking reimbursement.The CRA shall remit payment to the City within thirty days of receipt of a complete request from the City. 6. Obligations of the CRA, Indemnification.The CRA's responsibilities under this Agreement are limited to providing funding and complying with the provisions of this Agreement concerning public records. Therefore, the City shall indemnify, save, and hold harmless the CRA, its agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted,claimed,or recovered against or from the CRA,its agents,or its employees,by reason of any property or other damages or personal injury, including death, sustained by any person whomsoever,which damage is incidental to,occurs as a result of,arises out of, or is otherwise related to the negligent or wrongful conduct of persons or the faulty equipment (including equipment installation and removal) associated with Code Enforcement Officers (CRA) and the performance of their duties under this Agreement, including the entry upon property for any purpose. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA or the City as set forth in Section 768.28, Florida Statutes.This paragraph shall not be construed to require the City to indemnify the CRA for CRA's own negligence,or intentional acts of the CRA,its agents or employees. 7. Public Records.The City and the CRA each shall maintain their own records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each Party shall have access to the other party's books,records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and at least one year after the termination of the Agreement. 8. Term. This Agreement shall become valid and commence upon execution by the last party to this Agreement("Effective Date").This Agreement shall be in effect from the 4931-7977-0742,v.2 21 Effective Date and, shall automatically renew each year on October 1. Either Party may terminate this Agreement upon 60 days notice to the other party. 9. Filing.The City shall file this Agreement pursuant to the requirements of Section 163.01(11), Florida Statutes. 10.Sovereign Immunity.Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA or the City as set forth in Section 768.28, Florida Statutes. 11. Severability. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. To that end,this Agreement is declared severable. 12.No Third-Party Beneficiaries. No provision of this Agreement is intended to, or shall be construed to, create any third-party beneficiary or to provide any rights to any person or entity not a party to this Agreement, including but not limited to any citizen or employees of the City or the CRA. 13.No Assignment.The Parties may not transfer or assign this Agreement in whole or in part, without prior written consent of the other, which may be granted or withheld at the other Party's absolute discretion. 14.Governing Law;Venue.This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. The rest of the page was intentionally left blank. 4931-7977-0742,v.2 22 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on the day and year written below. Boynton Beach Community Re vel pment Agency ATTEST: . € .. By: U' ,. / Print Name: Re b e CCQ.gAdlri Title: e .;r Date: ) Il 1olaaa5 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: T1a-C CRA Attorney City f Boynton Beach, F orida l 0iIATTES By: se Print Name: _ jI 2' Title: _v_ Date: // Pr/ APPROVED AS TO FORM AND LEGAL S FFICIENCY: J pY N To& • r may r ........ By: GGUfI f f.oceORATF.,•. City Attorney i i SEAL i 41 - 1920• i FLORc t 4931-7977-0742,v.2 23 Exhibit"A" Code Enforcement Officer(CRA)Position Description The City shall ensure that each Code Enforcement Officer assigned to the Community Redevelopment Area (each, a "Code Enforcement Officer (CRA)") shall meet and perform in accordance with the following position descriptions and requirements: 1. Each Code Enforcement Officer(CRA)shall: a. Perform all duties exclusively within the boundaries of the Boynton Beach Community Redevelopment Area for the benefit of the Boynton Beach Community Redevelopment Agency; b. Focus on outreach and remediation; c. Work offset schedules and weekends to increase visibility and hours of service; and d. Coordinate with the Neighborhood Officer Policing Program and the City's existing community improvement program. 2. Each Code Enforcement Officer(CRA) shall have the authority to seek code enforcement of their own volition, and in most cases shall refer complaints received to ordinary code enforcement officers. 3. Each Code Enforcement Officer (CRA) should act proactively and work with CRA residents and businesses to improve the areas within the CRA boundaries. 4. If any code enforcement funds become available through grants,funding,or other monetary sources, the Code Enforcement Officer's (CRA) duties shall include facilitating the administration and use of such funds. 4931-7977-0742,v. 2 24 1 Nicklien, Bonnie From:Nicklien, Bonnie Sent:Tuesday, October 28, 2025 3:12 PM To:Temple, Adam N.; Stone, Candice; Hart, Patrick Cc:Tack, Timothy; Utterback, Theresa Subject:10/28/25 Meeting Recap for Residential Improvement Grant/Code Grant Attachments:PPP-Pleasant City-Applic.pdf; PPP FAQ Sheet.pdf; PPP Grant Agmt.pdf Hi Everyone, Thank you for your Ɵme today! As a recap –  City will research most common violaƟons  As of now, consensus to help improve the following: o Paint o Paving o Powerwashing o Plants (that are hardy for Florida weather; excluding sod) o Fences stain/repair o Tree/Landscaping Trimming o Site Triangle Issues  City will look into average costs for improvements  Priority of funding would go to Homestead homeowners  Goal to have 20-30 homes in the pilot program  CRA to idenƟfy funding once we know average improvement costs  AƩached is the WPB CRA PPP Grant ApplicaƟon and SupporƟve Documents. Some summary notes: o Max grant $20,000 o In addiƟon to paint, pave, plants other improvements include windows, fence, exterior lighƟng, and awnings o They allow the applicant to provide the three quotes of their choosing o Property must be free of liens UNLESS the grant will be recƟfying the liens o They have administraƟve ability to approve grant applicaƟons (i.e. does not go to Board/CC for approval) o Grant funding does not pay any deposits for work to begin We will circle back in month to touch base. Please feel free to add anything I leŌ off. Best Regards, Bonnie 25 From:Nicklien, Bonnie To:Temple, Adam N.; Stone, Candice; Hart, Patrick; Rodriguez, Emily Cc:Tack, Timothy; Utterback, Theresa; Kathryn B. Rossmell; Lamb, Shawna; Brown, Christopher Subject:RE: 112/3/25 Meeting Recap for Residential Improvement Grant/Code Grant Date:Wednesday, December 03, 2025 3:23:00 PM Attachments:PPP-Pleasant City-Applic.pdf PPP FAQ Sheet.pdf PPP Grant Agmt.pdf Hi Everyone, Another great meeting! To recap – Kathryn will work with CRA staff to begin a draft framework for the program City to provide a Code report of violations in CRA boundaries vs. non-CRA boundaries We will work towards a providing the Board an update in April If anyone needs anything in the meantime, feel free to reach out. Thanks, Bonnie From: Nicklien, Bonnie Sent: Tuesday, October 28, 2025 3:12 PM To: Temple, Adam N. <TempleA@bbfl.us>; Stone, Candice <StoneC@bbfl.us>; Hart, Patrick <HartP@bbfl.us> Cc: Tack, Timothy <TackT@bbfl.us>; Utterback, Theresa <UtterbackT@bbfl.us> Subject: 10/28/25 Meeting Recap for Residential Improvement Grant/Code Grant Hi Everyone, Thank you for your time today! As a recap – City will research most common violations As of now, consensus to help improve the following: Paint Paving 26 Powerwashing Plants (that are hardy for Florida weather; excluding sod) Fences stain/repair Tree/Landscaping Trimming Site Triangle Issues City will look into average costs for improvements Priority of funding would go to Homestead homeowners Goal to have 20-30 homes in the pilot program CRA to identify funding once we know average improvement costs Attached is the WPB CRA PPP Grant Application and Supportive Documents. Some summary notes: Max grant $20,000 In addition to paint, pave, plants other improvements include windows, fence, exterior lighting, and awnings They allow the applicant to provide the three quotes of their choosing Property must be free of liens UNLESS the grant will be rectifying the liens They have administrative ability to approve grant applications (i.e. does not go to Board/CC for approval) Grant funding does not pay any deposits for work to begin We will circle back in month to touch base. Please feel free to add anything I left off. Best Regards, Bonnie 27 Residential Improvement Grant Pilot Program Term Sheet Mission: To enhance neighborhood revitalization by providing financial resources that allow residential properties to improve and restore their homes, strengthen community pride and promote a safe and attractive living environment I. Applicant Eligibility Eligible Persons: Persons subject to enforcement and voluntary participants Homeowner Status: Owner-occupied properties Home Type: Single-family detached Liens: Applicant must be free of liens, unless completion of the program would remedy the lien Code Violations: Applicant may not have any active code cases unless the grant can remedy the violation Prior Participation: Applicant may not have participated in this program within the previous 5 years II. Program Parameters Funding Amount: $10,000.00 per property Fund Disbursement: Direct pay to contractor Allocation Priority: 50% code enforcement/50% voluntary Contractor: List of Qualified Contractors Deposits: No deposits funded by CRA Self-Performance: Neither CRA nor City may perform contracted work Approvals: Approved administratively III. Eligible Improvements Eligible Improvements: (1) Paint; (2) Paving; (3) Power Washing; (4) Plants (excluding sod); (5) Fence Staining; (6) Fence Repair; (7) Tree/Landscape Trimming; (8) Site Triangle Issues; (9) Driveway Repair and Expansion 28 IV. Code Enforcement Enforcement: Active participation tolls enforcement of code violations Citations: Active participation precludes any code enforcement citations Completion: Upon successful completion of the program, remedied code enforcement citations and proceedings are closed 29 30 31 32 33 34 35 36 37 38 Initials_______ Page 1 of 16 Residential Improvement Grant Pilot Program 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9097 www.boyntonbeachcra.com 4910-9706-2566, v. 1 FISCAL YEAR 2025-2026 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY RESIDENTIAL IMPROVEMENT GRANT PILOT PROGRAM Program Rules and Regulations The Boynton Beach Community Redevelopment Agency (“BBCRA”) is partnering with the City of Boynton Beach, Florida ( “City”) to administer this Residential Improvement Grant Pilot Program (“Program”). This Program offers financial assistance in the form of grants to fund eligible improvements to single-family residential properties. The eligible improvements will enable these properties to meet certain City code requirements and decrease code enforcement actions in accordance with the BBCRA Community Redevelopment Plan (“BBCRA Plan”). The Program is designed to enhance neighborhood revitalization by providing financial resources that allow residential properties to improve and restore their homes, strengthen community pride, and promote a safe and attractive living environment within the Boynton Beach Community Redevelopment Area (“BBCRA Area”). Individuals may voluntarily apply for the grant under this Program before any code enforcement actions are taken; additionally, individuals with properties subject to City code enforcement may choose to participate in the Program (each individual applying, an “Applicant”). Active participation in the Program is intended to prevent code enforcement actions and temporarily toll any further proceedings for active code enforcement cases for those items that will be addressed by the Program. The BBCRA reserves the right to approve or deny any application to the Program and to deny payment of a grant at any time if, in its sole and absolute discretion, it determines that the application or payment will not advance the goals and objectives established in the BBCRA Plan for redevelopment of the BBCRA Area. The BBCRA Plan can be found at: 39 Initials_______ Page 2 of 16 Residential Improvement Grant Pilot Program 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9097 www.boyntonbeachcra.com 4910-9706-2566, v. 1 The BBCRA is a public agency and is governed by the Florida Public Records Laws in 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. Incentive Funding The Program offers financial assistance in the form of a grant of up to $10,000 for expenses associated with Eligible Improvements to rehabilitate the exterior elements of the single-family detached homes, as specified below. The funds authorized under this Program will be directly paid to vendors for goods and services provided pursuant to the Program. Eligibility Requirements Applicants and their properties must meet all of the following requirements in order to be considered eligible to receive grant funding: • The property must be located within the BBCRA’s boundaries. • The property must be a single-family, detached, residential property. • The property must have clean title and be free of all liens, judgments, or encumbrances of any kind. • The property must be free of active code violation cases, unless completion of the Program will remedy the code violation. • The Applicant must be the owner of the property and reside at the property. • The Applicant have been granted the homestead exemption for the property. • The Applicant must not have participated in this Program at any time during the five years preceding the date of application submission. • The Applicant must remain an owner of the property for two years after funds are remitted pursuant to this Program, and in the event the property is sold within 2 years of grant issuance, the applicant will refund the grant amount to the CRA. Items eligible for grant funding under this grant Program are listed below (each, an “Eligible Improvement”): • Exterior painting • Fence staining • Fence Repair (excluding chain link) • Tree/Landscape Trimming • Plants (excluding sod) • Paving (walkways, porches) • Power washing • Site triangle issues • Driveway repair and expansion 40 Initials_______ Page 3 of 16 Residential Improvement Grant Pilot Program 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9097 www.boyntonbeachcra.com 4910-9706-2566, v. 1 Ineligible Items The following items are considered ineligible for assistance under the Program: • Improvements to non-residential properties • Deposits for any Eligible Improvement • Any other items that the BBCRA staff or BBCRA Board determine will not support the redevelopment of the BBCRA Area Grant Terms and Conditions The BBCRA may require the Applicant to remit funds paid pursuant to this Program back to the BBCRA in the event that: (1) Funds remitted pursuant to the Program were not used for Eligible Improvements; (2) The Applicant or the property fails to meet the eligibility requirements of this Program; or (3) The Applicant fails to remain an owner of the property for two years after the BBCRA remits funds pursuant to this Program. This Program is divided into two categories of eligibility: Voluntary Participation and Enforcement Participation. The total funds available under this Program will be distributed equally between Applicants in each of these two categories. The Voluntary Participation category is available to Applicants seeking to voluntarily apply to the Program without any active code enforcement actions against their property. Through this category, individuals may apply for this Program at any time. The Enforcement Participation category is available to Applicants referred to the Program by a City code enforcement officer. These Applicants may choose to participate in the Program to prevent further code enforcement proceedings by timely submitting an application after referral by a code enforcement officer. City code enforcement offers will not issue citations for code violations while an Applicant is actively participating in the Program, for those items that are being addressed through the Program. New violations may subject a participant to removal from the Program. Additionally, current City code enforcement actions will be temporarily tolled 1) after referral to the Program by code enforcement officer but before the application is due 2) while a timely submitted, complete application is under review, and 3) while an Applicant is actively participating in the Program consistent with the Program’s requirements. Upon 41 Initials_______ Page 4 of 16 Residential Improvement Grant Pilot Program 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9097 www.boyntonbeachcra.com 4910-9706-2566, v. 1 successful completion of the Program, the City will close any remedied code enforcement citations and proceedings. Pursuant to this Program, the BBCRA has created a “Registered Vendor List.” All Eligible Improvements under this Program must be completed by entities listed on the Registered Vendor List (“Registered Vendor”). The BBCRA shall only remint grant funds pursuant to the Program to Registered Vendors. Any qualified contractor may register to be on the Vendor List. More information can be found at [website]. Once an Applicant’s application has been approved by the BBCRA, the successful Applicant shall enter into an agreement with a Registered Vendor from the Registered Vendor List to complete their Eligible Improvement pursuant to this Program. The BBCRA does not endorse or recommend any entity on the Registered Vendor List. The BBCRA shall not be liable for any actions, omissions, performance, or services of any Registered Vendor, nor for the quality, results, or outcomes of any work performed. Furthermore, the BBCRA shall not be liable for any costs, expenses, or obligations incurred by any individual or entity that exceed the amounts expressly approved under the terms and conditions of this Program. As such, the Applicant hereby expressly releases the BBCRA from, and waives any and all claims, demands, liabilities, or causes of action of any kind, whether known or unknown, arising out of or related to work completed or services rendered by a Registered Vendor pursuant to this Program. Applicant agrees that the terms and conditions are conditions of grant approval. Application Process Applications can be downloaded from [website link]. All required documentation must be submitted no later than 30 days after referral by a City code enforcement officer. Applications will not be considered until all required documentation is submitted to the BBCRA office. Once complete, BBCRA staff will review the application to evaluate whether the project is eligible for funding. If it meets these requirements, BBCRA staff shall approve the application and a funding amount. Applicants must submit applications with all materials to the BBCRA for review and approval. Applicants may submit complete applications online at [website link] 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 42 Initials_______ Page 5 of 16 Residential Improvement Grant Pilot Program 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9097 www.boyntonbeachcra.com 4910-9706-2566, v. 1 Application packets must include the following documentation: 1. Proof of property ownership, such as a deed or title. 2. Proof of Homestead Exemption, such as the most recent TRIM Notice or Homestead Exemption application approval. 3. Cost estimate(s) from a Registered Vendor describing the Eligible Improvement costs for which the Applicant is requesting reimbursement. 4. Photograph(s) of the property and the area(s) requested to be improved. 5. Attachment I - Initialed and signed Residential Improvement Grant Rules & Regulations. Application to this Program is not a guarantee of funding. Funding is at the sole discretion of the BBCRA and subject to available funding in the BBCRA budget. In addition to the criteria identified in this Program, the BBCRA may consider whether awarding a grant would act in furtherance of the BBCRA Plan. The BBCRA may deny awarding a grant if such a grant would not be in furtherance of the BBCRA Plan. Approval of Funding Request All required documentation must be submitted no later than 30 days after referral from a City code enforcement officer. BBCRA staff will review the application to evaluate whether the project is eligible for funding pursuant to the Program. BBCRA staff will approve the application if funding remains for the applications request, the application meets the Program’s requirements, and the requested improvement(s) furthers the BBCRA Community Redevelopment Plan. BBCRA staff will notify the applicant of the BBCRA’s approval or denial in writing. Site Visits The BBCRA may conduct a site visit prior to approving an application or remitting grant funds pursuant to the Program. Procedures for Payment This Program is intended to fund Eligible Improvements through direct payment to Registered Vendors. Upon the completion of an Eligible Improvement approved under this Program, the Applicant must submit documentation to the BBCRA verifying the work performed and services provided and the costs for such work and services within 30 days after project 43 Initials_______ Page 6 of 16 Residential Improvement Grant Pilot Program 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9097 www.boyntonbeachcra.com 4910-9706-2566, v. 1 completion and applicant’s receipt of an invoice from the Registered Vendor. Such documentation may include, but is not limited to, receipts, invoices, canceled checks, lien releases from subcontractors and material suppliers, and any other materials the BBCRA may require. Subject to review and approval, the BBCRA will remit funds approved under this Program as payment for the Eligible Improvement directly to the Registered Vendor. No financial obligation on the part of the BBCRA shall arise unless and until a specific transaction has been completed in accordance with the terms and conditions of this Program. The BBCRA is not responsible for any fund amount in excess of the amount approved by the BBCRA when approving an application. By submitting documentation for payment, the Applicant warrants that all bills for which the Applicant is directly responsible for related to the project are paid in full including, but not limited to, all contractors, labor, materials, related fees, and permits. This does not include any payment that the CRA will make to a Registered Vendor through the Program. Applicants may not seek payment under this Program for any improvements or expenses that have been submitted to receive funding under any other grant program administered by the BBCRA, the City, Palm Beach County, or the State of Florida. The Program will only remit grant funds to Applicants for new expenditures that have not been submitted to other grant programs for funding. 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 Program and Application. NOTICE TO THIRD PARTIES: The Program does not create any rights for any parties, including parties that performed work on the project. Nor shall issuance of grant funding 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 funding. 44 Initials_______ Page 7 of 16 Residential Improvement Grant Pilot Program 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9097 www.boyntonbeachcra.com 4910-9706-2566, v. 1 45 APPLICANT INFORMATION 01267101-3 Initials_______ Page 8 of 16 Residential Improvement Grant Pilot Program 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9097 www.boyntonbeachcra.com 4910-9706-2566, v. 1 PROPERTY OWNER INFORMATION: Property Owner Name (“Applicant”): _________________________________________________________ Property Owner’s Mailing Address: ______________________________________________________________________ ______________________________________________________________________ Property Owner’s Phone Number: _______________________________________________________ Property Owner’s Cell Phone Number: _______________________________________________________ Property Owner’s E-mail: _______________________________________________________ How many members are in your household? __________ Please list their names, ages, and relationship to Applicant: Name: _________________________ Age: _____ Relationship: ______________ Name: _________________________ Age: _____ Relationship: ______________ Name: _________________________ Age: _____ Relationship: ______________ Name: _________________________ Age: _____ Relationship: ______________ Name: _________________________ Age: _____ Relationship: ______________ 46 4910-9706-2566, v. 1 Are you receiving grant assistance under any other governmental agencies: Yes __ No ___ If yes, list any additional grant sources and amounts: ______________________________________________________________________ ______________________________________________________________________ PROPERTY INFORMATION Property Address: ______________________________________________________________________ ______________________________________________________________________ Property Control Number: _________________________________________ Is the Property Homesteaded? Yes ___ No ___ Does the Applicant reside in the property to be improved? Yes ___ No ___ If yes, how long have you lived in the home? ____________ 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 Residential Property Improvement Grant Pilot 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 Residential Property Improvement Grant Pilot 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 47 4910-9706-2566, v. 1 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 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 give permission to the BBCRA or its agents to take photos of myself and my property 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. 48 4910-9706-2566, v. 1 PROPERTY OWNER SIGNATURES: All owners of the property to be improved must sign this portion of the application. 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: 49 •Attachment I - The Villages Annual Report •Attachment II - Town Square South Parcel Annual Report COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: May 12, 2026 INFORMATION ONLY AGENDA ITEM 8.D SUBJECT: Annual Reports as required by the Tax Increment Revenue Funding Agreements for CRA Development Projects SUMMARY: Annual Performance Reports: BB North LLC – The Villages Mixed-Use Project (405 E. Ocean Ave.) – An annual performance report from BB North LLC detailing progress and development activities for The Villages Mixed-Use Project is provided for review in Attachment I. Time Equities LLC – Town Square Project (120 SE 1st Ave.) – An annual performance report from Time Equities LLC outlining the status and development activities for the Town Square Project is provided for review in Attachment II. FISCAL IMPACT: BB North LLC (The Villages) at 405 E. Ocean Avenue - $9.1 million TIRFA Time Equities LLC (Town Square South) at 120 SE 1st Avenue - $20 million TIRFA CRA BOARD OPTIONS: No action required at this time. ATTACHMENTS: Description 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 1 1st ANNUAL TIRFA PERFORMANCE REPORT To: Boynton Beach Community Redevelopment Agency Developer: Time Equities Inc. (TEI) Project Name: Boynton Beach Town Square, South Parcel Date of Original TIRFA Agmt: May 20, 2025 Due Date for 1st Annual Report: May 19, 2026 Submission Date of Report: May 1, 2026 We are pleased to submit our 1st annual TIRFA Performance Report. As you will see below, we have clipped in the “Developer Obligations” from the TIRFA agreement, along with a brief status update on each. We believe that we are in compliance with the terms of the TIRFA Agreement, as well as with the terms of our Development Agreement, Master Plan and Site Plans. As always, we’re happy to discuss any of the items below in further detail as needed by the CRA. We look forward to our continued strong working relationship and to building residential components of Town Square. 165 2 STATUS UPDATE: We currently anticipate commencing construction on the South Parcel in July or August of 2026 - in advance of October 1, 2026, the required date under the TIFRA contract. To that end, we have received our LDP and Plat letters of technical compliance as well as our Building Permit Ready letter from the City of Boynton Beach. We are conducting pre-construction activities and are coordinating closely with City staƯ in preparation for the commencement of construction. STATUS UPDATE: Understood. On target. STATUS UPDATE: We are already in contact with the CRA to begin organizing the project Groundbreaking Ceremony, which will hopefully take place at the site in July or August 2026. STATUS UPDATE: We are in compliance with all City Agreements – including the TIRFA and Developer Agreement as well as with the approved Master Plan and Site Plans for the project. STATUS UPDATE: With guidance from the CRA, TEI has engaged Career Source Palm Beach County (Michael Corbit) to serve as either (or both) the Job Placement Consultant and the Community Outreach Partner for the Project. Together with the 166 3 CRA and KAST Construction, TEI is diligently preparing the team for the local hiring initiative, which will take place during the construction process. We can report that so far, two subcontractors from Boynton Beach have been hired for the project. STATUS UPDATE: Understood. We have begun conversations with the CRA and Career Source PBC as to the right location and timing for the Job Fair. Assuming construction commences in July/August, we believe that November/December 2026 might be an optimal time for the for the Job Fair. STATUS UPDATE: Understood. These considerations have been (and will continue to be) communicated to KAST and the subcontractors. STATUS UPDATE: Understood. We are working with KAST, subcontractors and Career Source PBC to prepare an initial list of any open positions for the project. Per Career Source PBC, any open positions (including all details) will first be posted to the Employ Florida website. From there, Career Source PBC and the CRA will develop a plan to advertise/promote these open positions within the Boynton Beach Community, including at the Job Fair. STATUS UPDATE: Understood. This cannot take place until after completion of construction. 167 4 STATUS UPDATE: Understood. We anticipate doing one educational forum in the spring of 2027, and the second in the spring of 2028. It may be more interesting and e Ưective if we can do construction tours as a part of the forum. 168 5 STATUS UPDATE: The Obligations under section 3.1.4 above relate to leasing a certain amount of retail space to Locally Owned Small Businesses. This process will commence after completion of construction. STATUS UPDATE: Understood. Currently the KAST project schedule anticipates completion of construction to take 26 months from the commencement of construction, which timeline would be faster than the six years that are provided for under the TIRFA agreement. STATUS UPDATE: We are coordinating this in advance of starting construction. KAST will conduct weekly or biweekly drone aerial photos of the construction progress. At the end of construction, we will process the photos into a timelapse video for the CRA. STATUS UPDATE: This first Annual Performance Report is hereby filed timely and satisfies our reporting obligation under Section 4. Per the clip below, the 2025 real estate taxes for the South Parcels have been paid, with statement reflecting paid taxes and zero balance due. 169 6 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 •Attachment I - Circuit Transit Inc. •Attachment II - NOP Quarterly Report •Attachment III - Beautification Technicians Report COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: May 12, 2026 INFORMATION ONLY AGENDA ITEM 8.E SUBJECT: Miscellaneous Quarterly Reports for January - March 2026 SUMMARY: Quarterly Reports: Circuit Transit Inc. (Coastal Cruiser) Report – A quarterly update on transit ridership, operations, and service performance for the Coastal Cruiser program is provided for review in Attachment I. Neighborhood Officer Program Report – A quarterly overview of community engagement, patrol activities, and public safety initiatives conducted by the Neighborhood Officer Program is provided for review in Attachment II. Beautification Technician (CRA) Report – A quarterly summary of landscaping, maintenance, and beautification efforts undertaken within the Community Redevelopment Area (CRA) is provided for review in Attachment III. ATTACHMENTS: Description 209 Coastal Cruiser Q1 2026 Update Presented to: ContactJason Bagley Date4/27/ 2026 Email:jason@ridecircuit.com210 Monday: 10:00am - 8:00pmTuesday: 10:00am - 8:00pmWednesday: 10:00am - 8:00pmThursday: 10:00am - 8:00pmFriday: 10:00am - 10:00pmSaturday: 10:00am - 10:00pmSunday: 10:00am - 8:00pm Total Vehicles: 4 (including 1 ADA GEM) Hours of Operation & Fleet Service Levels 211 ●Ride Circuit version 21.2.0 is now available for iOS and Android devices! ●Updated UI/UX featuring new vehicle icons and vehicle headways ●New Circuit Cash feature in the wallet, preloaded funds and potential for location level discounts ●Option to turn on dynamic ETA range instead of single ETA upon request App Updates Version 21.2.0 212 Performance Overview 5,238 Total Requests (+31% QoQ) 3,914 Total Rides (+24% QoQ) 5,428 Total Passengers (+32% QoQ) 4.95 Avg Driver Rating (-.2% QoQ) 8:25 Average Wait-Time (+15% QoQ) 89.4%Connection Rate (-1.8% QoQ) 354 Avg Unique Users Per Month 55 Avg User Age $90K+Economic Impact - Restaurant & Shopping $30K+Economic Impact - Essential Needs and Errands 213 YTD Ridership Overview Total demand increased over 40% YoY and ridership increased by 27% YoY (compared to Q1 2025). 214 YTD Ridership Key Takeaways Ridership has grown more than 27% year-over-year, showing program momentum and continuous expanding adoption. 01 Total unique users grew 34% year-over-year. 02 Completed rides increased by 24% YoY, showing system capacity and efficiency to complete more rides with the same fleet. 03 215 March 2026 Ridership Overview Completed rides increased 16% YoY and ridership increased by 18% YoY (compared to March 2025). 216 Top Locations PAX Totals Location 577 Beach Stop 341 Publix 277 Two Georges Waterfront Grill 274 Walmart Supercenter 189 Banana Boat 217 Q1 Ridership Friday & Saturday vs Sunday - Thursday 218 Q1 Ridership Fridays & Saturdays 219 Q1 Ridership Sunday - Thursday 220 Q1 Ridership Supply vs Demand Peak Time In San Diego 221 New Unique User Growth 222 Q1 Zone Overview 223 Q1 Impact Overview 224 Riders Love Circuit! Peak Time In San Diego 225 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY NEIGHBORHOOD OFFICER POLICING PROGRAM Quarter 2 Fiscal Year 2025/26 Quarterly Report January 1st, 2026 to March 31, 2026 226 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 14 • CRA Area Crime Statistics page 18 227 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 that 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 228 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 137 E. Martin Luther King Jr. Blvd. Unit #8, which will act as a neighborhood storefront police station. • Police personnel assigned to this Program will be assigned within the CRA area. • Assist with public education and crime prevention within the CRA area. • Identify neighborhood specific problems and help with the coordination of other City services to resolve the issues. • Implement the use of an automatic license plate reader (ALPR) as an intelligence gathering platforms. • On a quarterly basis, the Police Department shall provide the CRA with crime statistics for the CRA area along with data gathered by the ALPR and a GIS map identifying where crimes are occurring in the area. • Police personnel assigned to this unit shall patrol: (a) On foot, (b) on bicycle, or (c) on Segway vehicles, (d) on golf carts, or (e) other department issued vehicles. • Police personnel assigned to this function shall work a minimum of 40 hours a week. Twenty of these hours should be spent being visible in the community, building relationships, collecting information and providing resources and information to residents and business owners who seek to promote positive change within their neighborhood. Specific emphasis should be given to those actions which will contribute to the attainment of the goals established with Community Partners such as but not limited to attend regularly scheduled Community Partners’ meetings and establish attainable goals with measurable outcomes with Community Partners. • The schedule for these Police personnel shall not be set, established or publicly posted. Their presence should be anticipated at any time by those who may be disrupted by their integration into the CRA area. • Police personnel assigned to this function will be furnished with either cell phones or, at minimum, voicemail accounts, which will be used to correspond with police personnel directly. CRA staff shall be provided with a list of these phone numbers and protocol for telephone contact or dissemination of information by the CRA to the Officers assigned to the Program. • CRA staff shall be informed of the Neighborhood Officers hours on a regular basis. • The CRA shall be provided with an organizational chart of the Officers assigned to the Program listing rank, badge numbers and years of service. • The CRA shall be provided a 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. 229 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 Brown remains on light duty status since December 5th, 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. 230 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. 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: 231 7 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 0 447.5 62.5 10 14.5 Borrero 510 0 367 67.0 76 27.0 Brown 0 0 0 0 0 0 Carter 510 0 470 40.0 0 18.50 Jean 520 0 452 68.0 0 27.0 Note: The overtime hours listed above do not include CRA Detail hours worked, other department overtime or department detail hours worked by the listed officers. The only overtime hours included above are directly attributable to 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, CRA Officers continued a proactive and coordinated approach to addressing community concerns related to illegal activity, blight, and nuisance properties throughout the CRA district by engaging in a comprehensive whole-of-government initiative. Officers worked in close collaboration with other city departments to ensure consistent enforcement and long-term problem resolution. In response to persistent issues at the former Inn of Boynton property, officers took targeted enforcement measures, including the installation of clearly marked “No Trespassing” signs throughout the lot. Officers also made contact with multiple construction workers who had been utilizing the property for parking, advising them of the property's restricted status and ensuring compliance through education and voluntary cooperation. Additionally, officers supported community awareness initiatives by distributing educational materials to residents in the CRA district regarding the City’s newly implemented parking ordinance. These efforts were aimed at increasing public understanding and reducing violations through proactive communication. During the 2nd Quarter of FY 2025/26, the CRA Officers accomplishments included, but were not limited to: attendance at 7 community events/meetings, completion of ----- extra patrols/business checks, attendance at 7 CRA Board/Advisory Board Meetings, ----- arrests and ----- traffic stops. Business walks and checks, whether conducted solely by the CRA Officers or in collaboration, with CRA staff, are opportunities to build bridges and relationships with the CRA District’s business Community. During these self-initiated contacts, the CRA Officers and staff listen to concerns and problems and provide information and solutions to the business community. These grass root contacts, serve as a critical information source and as a foundational basis for creativity and problem solving. 232 8 In collaboration with BBCRA staff, the CRA officers resumed business walks in the CRA district. Officers conducted business checks, attended community meetings, and took part in other initiatives designed to keep CRA Officers and Police Department command staff informed of community concerns. During these meetings, residents and business owners raise a variety of issues, including traffic-related problems, crime, and neighborhood cleanliness. CRA Officers and Police Department personnel address these concerns by offering guidance and recommendations and, when appropriate, coordinating with other City departments to resolve issues in a timely and effective manner. Specific Mission Relevant Quarterly Activities Undertaken by Week: Week 1 – 01/01/26 to 01/09/26 • A suspicious person was investigated at 100 E. MLK, Case#26-000088 • A suspicious person was investigated at 1005 N. Seacrest Blvd, Case #26-001190 • A business check was conducted at Riverwalk Plaza, Case#26-001212 • A suspicious person was investigated at 175 SE 27th Pl, Case#26-001232 • A suspicious person was investigated at 650 Snug Harbor, Case#26-001263 • Officers responded to a stabbing at 237 NE 13th Ave, Case#26-001387 • A suspicious person was investigated at 411 NE 11th Ave, Case#26-001420 • An extra patrol was conducted at 128 NE 10th Ave, Case#26-001481 • Officers responded to a vehicle crash at N. Seacrest Blvd & Boynton Beach Blvd, Case#26-001496 • Officers conducted a business check at Ocean Palm Plaza, Case#26-001715 • Officers investigated a suspicious person at Sara Sims Park, Case#26-001728 • Officers conducted a business check at Sunshine Square Plaza, Case#26-001734 • Officers conducted a business check at One Boynton, Case#26-001736 • Officers conducted a traffic stop at 1400 N. Federal Hwy, Case#26-001769 • Officers investigated a suspicious person at 700 N. Railroad Ave, Case#26-001818 • Officers conducted an Extra Patrol at Intercoastal Park, Case#26-002022 • Officers conducted a traffic stop at 200 NE 10th Ave, Case#26-002088 • Officers conducted a traffic stop at 1400 N. Seacrest Blvd, Case#26-002106 • A suspicious person was investigated at 216 NW 5th Ave, Case#26-002129 • A suspicious person was investigated at 117 NE 10th Ave, Case#26-002136 • A business check was conducted at Riverwalk Plaza, Case#26-002158 • Officers conducted a traffic stop at 1300 N. Federal Hwy, Case#26-002217 • Officers conducted an Extra Patrol at Intercoastal Park, Case#26-002222 • Officers conducted an Extra Patrol at 220 NE 7th Ave, Case#26-002233 • Officers conducted a traffic stop at City Hall, Case#26-002234 • Officers conducted a business check at Ocean Palm Plaza, Case#26-002382 • Officers conducted an Extra Patrol at Intercoastal Park, Case#26-002385 • Officers handled a police assist at 141 NE 9th Ave, Case#26-002398 233 9 • Officers handled a police assist at Marina Village, Case#26-002437 • Officers assisted BBFD at 505 Industrial Ave, Case#26-002805 • Officers handled a traffic complaint at Industrial Ave & Boynton Beach Blvd, Case#26- 002806 Week 2 – 01/12/26 to 01/16/26 • A suspicious person was investigated at 130 NE 10th Ave, Case#26-003208 • Officers conducted a traffic stop at Boynton Beach Blvd & Federal Hwy, Case#26-003222 • Officers conducted a traffic stop at 2000 S. Federal Hwy, Case#26-003475 • A suspicious person was investigated at Sunshine Square, Case#26-003524 • Officers conducted a traffic stop at 2900 S. Seacrest Blvd, Case#26-003529 • Officers conducted a traffic stop at Boynton Beach Blvd & Seacrest Blvd, Case#26-003550 • Officers investigated a Shots Fired Incident at 1413 N. Seacrest Blvd, Case#26-003555 • Officers responded to a burglary attempt at 100 NE 10th Ave, Case#26-004046 • Officers conducted a traffic stop at Boynton Beach Blvd & N. Seacrest Blvd, Case#26- 004076 • A suspicious person was investigated at Sara Sims, Case#26-004082 • A suspicious person was investigated at Ocean Breeze East, Case#26-004106 Week 3 – 01/19/26 to 01/23/26 • Officers conducted a traffic stop at 1100 N. Seacrest Blvd, Case#26-005129 • Officers investigated a theft at 117 NE 10th Ave, Case#26-005339 • Officers conducted a business check at the Nova Inn, Case#26-005397 • Officers conducted a traffic stop at 2800 S. Federal Hwy, Case#26-005433 • Officers conducted a traffic stop at 3300 S. Federal Hwy, Case#26-005441 • Officers conducted a traffic stop at One Boynton, Case#26-005448 • Officers conducted a traffic stop at 1810 S. Federal Hwy, Case#26-005453 • Officers conducted a traffic stop at 100 NE 7th Ave, Case#26-005673 • Officers conducted a Welfare Check at Seacrest Blvd and NW 1st Ave, Case#26-005675 • Officers investigated an abandoned vehicle at The Inn, Case#26-005687 • Officers conducted a traffic stop at 2300 S. Federal Hwy, Case#26-005925 • Officers conducted a traffic stop at 600 E. Ocean Ave, Case#26-005926 • Officers conducted a traffic stop at Woolbright & Federal Hwy, Case#26-005965 • Officers conducted a traffic stop at 2300 S. Federal Hwy, Case#26-005974 • Officers conducted a Welfare Check at 3625 S. Federal Hwy, Case#26-005981 • A suspicious person was investigated at 336 NE 10th Ave, Case#26-006006 • Officers assisted with locating a missing juvenile, Case#26-006327 234 10 Week 4 – 01/26/26 to 01/30/26 • A suspicious person was investigated at 117 NE 11th Ave, Case#26-007170 • A traffic complaint was investigated at 501 SE 18th Ave, Case#26-007250 • A suspicious person was investigated at Casa Costa, Case#26-007508 • Officers conducted a traffic stop at 300 NE 1st St, Case#26-007539 • Officers assisted BBFD at 510 Industrial Ave, Case#26-007540 • Officers conducted a traffic stop at 300 NE 6th Ave, Case#26-007566 • Officers investigated a suspicious incident at 1500 SW 8th St, Case#26-007734 • Officers conducted a traffic stop at 100 E. Boynton Beach Blvd, Case#26-007756 • A suspicious person was investigated at Railroad Ave & NE 10th Ave, Case#26-007759 • Officers responded to a Robbery at 553 NW 13th Ave, Case#26-007772 • Officers handled police assist at 117 NE 9th Ave, Case#26-007801 • A suspicious person was investigated at 1420 N. Federal Hwy, Case#26-007816 • Officers conducted a traffic stop at Sunshine Square Plaza, Case#26-007820 • Officers conducted a business check at 501 SE 18th Ave, Case#26-007825 • Officers conducted a business check at the Marina, Case#26-007826 • Officers handled a disturbance at 414 S. Federal Hwy, Case#26-007837 • Officers conducted a traffic stop at NW 4th St & NW 10th Ave, Case#26-007859 • Officers conducted a traffic stop at 100 NE 14th Ave, Case#26-007873 • Officers conducted a traffic stop at 1300 W. Boynton Beach Blvd, Case#26-008046 • Officers conducted a traffic stop at 500 NW 9th Ave, Case#26-008077 • Officers handled a police assist at Sara Sims, Case#26-0026-008116 Week 5 – 02/02/26 to 02/06/26 • A business check was conducted at 1600 S. Federal Hwy., Case # 26-009534 • A traffic stop was conducted at 800 N. Federal Hwy, Case# 26-009538 • Officers responded to shots fired at 1625 NE 1st ST, 26-009950 • A traffic stop was conducted at 600 E. Boynton Beach Blvd., Case # 26-009574 • A traffic stop was conducted at 100 NE 12th Ave, Case # 26-009587 • A traffic stop was conducted at 1200 S. Fed. Hwy., Case # 26-009595 • Officers responded to a suspicious vehicle at 500 W BBB, Case # 26-009598 • A traffic stop was conducted at 2200 S Federal Hwy, Case# 26-009619 • A traffic stop was conducted at 100 W BBB, Case# 26-009622 • A traffic stop was conducted at 200 W BBB, Case# 26-009701 • A traffic stop was conducted at 400 E MLK Blvd Case# 26-009745 • Officers responded to a suspicious person at 334 NE 11th Ave, Case # 26-09867 • A traffic stop was conducted at 300 NE 13th Ave Case# 26-009886 • A traffic stop was conducted at 100 W BBB, Case# 26-009622 • Officers responded to a suspicious person at 117 NE 9th Ave, Case # 26-010013 • Officers responded to a suspicious incident at 2010 N Federal Hwy, Case # 26-010022 235 11 • Officers responded to a theft at 1634 S Federal Hwy, Case # 26-010040 • An extra patrol was conducted at 306 SE 1st Ave, Case #26-010075 • A business check was done at 1600 S Federal Hwy, Case#26-010076 • An extra patrol was conducted at 306 SE 1st Ave, Case #26-010330 • A business check was conducted at 743 NE 1st Ave., Case # 26-010345 • Officers responded to a BOLO at 500 W BBB, Case # 26-010339 • Officers responded to a suspicious incident at 635 NW 5th ST, Case # 26-010375 • Officers responded to a suspicious person at 117 E MLK, Case # 26-010395 Week 6 – 02/09/26 to 02/13/26 • A traffic stop was conducted at 700 NE 8th Ave, Case # 26-011184 • A suspicious person was investigated at E MLK & N Railroad, Case#26-011235 • A traffic stop was conducted at 200 NE 12th Ave, Case # 26-011450 • A traffic stop was conducted at E Ocean Ave & N Federal Hwy, Case # 26-011452 • A traffic stop was conducted at 200 NE 11th Ave, Case # 26-011464 • An extra patrol was conducted at 117 E MLK, Case #26-011514 • A business check was done at 3625 S Federal Hwy, Case#26-011662 • A business check was done at 743 NE 1st Ave, Case #26-011671 • Officers responded to a disturbance at 303 E Woolbright Rd, Case#26-011754 • A traffic stop was conducted at 1700 N Seacrest, Case # 26-011763 • A traffic stop was conducted at E BBB & N Federal Hwy, Case # 26-011778 • A traffic stop was conducted at 200 E MLK, Case # 26-011789 • Officers responded to a child locked in vehicle at 2309 S federal Hwy, Case 26-011802 • Officers responded to shots fired at 406 NW 5th Ave, Case # 26-011833 • Officers responded to a disturbance at 548 E Woolbright, Case 26-011925 • A business check was conducted at 700 Casa Loma Blvd, Case # 26-011934 • Officers responded to a theft at 500 E Woolbright, Case #26-011938 • A suspicious person was investigated at 100 E. MLK, Case#26-011949 • A business check was conducted at 1550 N. Fed. Hwy, Case # 26-012000 • A business check was conducted at 1600 S. Fed. Hwy., Case # 26-012020 • A suspicious person was investigated at MLK & Seacrest Blvd, Case#26-012023 • A suspicious person was investigated at 1810 S. Federal Hwy, Case#26-012053 Week 7 – 02/16/2026 to 02/20/2026 • A suspicious vehicle was investigated at 101 W Woolbright, Case#26-013183 • A business check was conducted at 580 E Woolbright, Case # 26-013332 • A business check was conducted at 1550 N. Fed. Hwy, Case # 26-013341 • Police services were rendered at 225 NW 12th Ave, Case # 26-013407 • A suspicious person was investigated at 100 E MLK, Case#26-013447 236 12 • A suspicious person was investigated at 600 N Seacrest, Case#26-013454 • A traffic stop was conducted at 400 S. Federal Hwy., Case#26-013461 • A traffic stop was conducted at 128 E MLK, Case#26-13467 • A traffic stop was conducted at 517 NE 1st ST, Case#26-013476 • Officers assisted a motorist at 1100 W Gateway, Case #26-013494 • A suspicious person was investigated at 505 N Railroad, Case#26-013977 • Officer conducted police assist at 2100 High Ridge Rd, Case 26-014076 • Officers responded to a residential burglary at 315 NW 5th Ave, Case # 26-014379 Week 8 – 02/23/2026 to 02/27/2026 • A traffic stop was conducted at 800 S Federal Hwy, Case#26-015461 • A traffic stop was conducted at 400 E Gateway, Case#26-015485 • A traffic stop was conducted at 100 NE 13th Ave, Case#26-015489 • A traffic stop was conducted at 600 N Federal Hwy, Case#26-015492 • An extra patrol was conducted at 1600 N Federal Hwy, Case #26-015499 • A disturbance was investigated at 1601 NW 3rd St, Case # 26-015535 • A business check was conducted at 1550 N. Fed. Hwy, Case # 26-015714 • A traffic stop was conducted at Old Boynton & Congress, Case#26-015802 • A business check was conducted at 1550 N. Fed. Hwy, Case # 26-015963 • A traffic stop was conducted at 301 N Seacrest, Case#26-016111 • Officers assisted motorist at 500 W Woolbright, Case # 26-016115 • A business check was conducted at 1550 N. Fed. Hwy, Case # 26-016248 Week 9 – 03/02/2026 to 03/06/2026 • A suspicious person was investigated at 100 NE 4th ST. Case #26-017131 • A business check was conducted at 1600 North Federal Hwy Case # 26-017385 • A business check was conducted at 743 NE 1st Ave Case #26-017387 • A traffic stop was conducted at I95/ NB Woolbright Rd Case # 26-017426 • A traffic stop was conducted at 1300 N Federal Hwy Case# 26-017444 • A traffic stop was conducted at 100 East Martin Luther King Blvd Case# 26-017778 • An extra patrol was conducted at 100 East Ocean Ave Case# 26-017970 • A business check was conducted at 580 E Woolbright Rd Case# 26-017974 • A traffic stop was conducted at Gulfstream and Fed Case # 26-017977 • A traffic stop was conducted at 100 SW 3rd Ave Case # 26-017982 • An extra patrol was conducted at 600 SE 4th St Case # 26-017999 Week 10 – 03/09/2026 to 03/13/2026 • A traffic stop was conducted at 1400 N Seacrest Blvd 26-019267 237 13 • A business check was conducted at 1600 N Federal Hwy Case # 26-019492 • A traffic stop was conducted at Gulfstream Blvd/ N Federal Hwy Case# 26-019555 • A traffic stop was conducted at E Woolbright Rd/S Federal Hwy Case# 26-019560 • A traffic stop was conducted at 400 NW 4th St Case # 26-019564 • A traffic stop was conducted at 821 NE 1st St Case # 26-019614 • A traffic stop was conducted at 200 N Seacrest Blvd Case # 26-019925 • An officer responded to a police assist at 731 NE 8th Ave Case # 26-019935 • An extra patrol was conducted at 1005 N Seacrest Blvd Case # 26-020130 • A traffic stop was conducted at E Boynton Beach Blvd/N Federal Case # 26-020227 • An extra patrol was conducted at 401 N Railroad Ave Case # 26-021672 • A traffic stop was conducted at 100 NE 8th Ave Case # 26-021688 • A business check was conducted at 1600 N Federal Hwy Case # 26-021852 • An extra patrol was conducted at 600 North RD Case # 26-022073 • A traffic stop was conducted at 300 S Federal Hwy Case # 26-022188 • A business check was conducted at 401 N Railroad Ave Case # 26-022192 • A business check was conducted at 401 N Railroad Ave Case # 26-022417 Week 11 – 03/16/2026 to 03/20/2026 • A traffic stop was conducted at 1300 N Seacrest Blvd/ NE 12th Ave Case # 26-023193 • A traffic stop was conducted at E Boynton Beach Blvd/N Seacrest Blvd Case # 26-023197 Week 12 – 03/23/2026 to 03/27/2026 • An extra patrol was conducted at 670 Oak St Case #26-023283 • A business check was conducted at 1600 S Federal Hwy Case # 26-023491 • A business check was conducted at 401 N Railroad Ave Case# 26-023542 • An extra patrol was conducted at 548 NW 13th Ave Case # 26-023542 • A traffic stop was conducted at KFC Case #26-023559 • A traffic stop was conducted at NE 9th Ave/E Martin Luther King Blvd Case # 26-023566 • A traffic stop was conducted at 409 E Martin Luther King Blvd Case # 26-023581 • A traffic stop was conducted at E Boynton Beach Blvd/Federal Hwy Case # 26-023610 • An extra patrol was conducted at 670 Oak St Case # 26-023617 • An extra patrol was conducted at 8000 Bermuda Sound Way Case #26-023617 • A business check was conducted at 1600 N Federal Hwy Case #26-024169 • A business check was conducted at 1600 N Federal Hwy Case #26-024399 • A business check was conducted at 401 N Railroad Ave Case #26-02440 • A business check was conducted at 1600 N Federal Hwy Case #26-024111 • A business check was conducted at 548 NW 13th Ave Case #26-024412 238 14 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. Photo highlights of Quarter 2: Community Event at Ezell Hester – JANUARY 22nd, 2026 239 15 RIBBON CUTTING AT COTTAGE DISTRICT – JANUARY 29th, 2026 240 16 COOKOUT WITH THE COPS – FEBRUARY 7TH, 2026 241 17 BUSINESS WALKS – WEEKLY 242 18 CRA Crime Statistics January 1st, 2026 to March 31st, 2026: 243 19 244 20 245 T:\PROGRAMS & GRANTS\03 - CRA-City Funded Positions\Beautification Technicians\Reporting\January-March 2026\Quarterly Report – Jan - March 2026.docx Page 1 of 3 Quarterly Report – B & S Maintenance Technicians for the CRA Areas Date January ~ March 2026 Activities/Accomplishments  Restored and enhanced landscaping within MLK Jr Blvd including replacing dead trees and shrubs. (December and January 2026)  Conducting daily debris and trash pick-up to prevent roadway hazards  Regularly inspected and reported issues related to City-owned and FPL-owned streetlights within the CRA areas including Heart of Boynton areas, Federal Hwy and Boynton Beach Blvd.  Completed repairs and new installation of the traffic signs in INCA neighborhood, east of Federal Hwy and between NE 4th Ave to North Rd. (February 2026)  Completed irrigation repairs and landscape improvements along SE 4th Street (January and February 2026)  Continue to repair and improve sidewalks on all City-maintained streets within the CRA areas.  Removal of overgrown vegetation at the end of SE 2nd Ave., east of FEC Railway, to address concerns from the FEC (January 2026)  Removed rubber planter covers and planted shrubs in the planters along 100 E Ocean Ave to prevent further sidewalk damage. (March 23, 2026 ~ )  Removed the dead palms and replaced them with new ones along E Ocean Ave, east of Federal Hwy (January 5th, 2026)  Collaborated with Code Enforcement to clean up illegal dumping areas along NE 13th Ave and NE 12th Ave. (January 2026)  Repaired 15 broken paver sections around the FPL streetlight poles along Federal Hwy. (February 2026 ~ )  Pressure Cleaning of Mangrove Park (Feb 1 ~ 4, 2026) Photos MLK Jr Blvd 246 T:\PROGRAMS & GRANTS\03 - CRA-City Funded Positions\Beautification Technicians\Reporting\January-March 2026\Quarterly Report – Jan - March 2026.docx Page 2 of 3 SE 4th Street Mangrove Park Daily debris and trash pick-up 247 T:\PROGRAMS & GRANTS\03 - CRA-City Funded Positions\Beautification Technicians\Reporting\January-March 2026\Quarterly Report – Jan - March 2026.docx Page 3 of 3 Federal Hwy INCA E Ocean Ave 248 •Attachment I - Promotional Poster COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: May 12, 2026 ANNOUNCEMENTS AND AWARDS AGENDA ITEM 9.A SUBJECT: Rock the Plaza at Ocean Plaza on May 16, 2026 from 2:00 PM - 6:00 PM SUMMARY: On Saturday, May 16, 2026, 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 115 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 Paul Anthony & The Reggae Souljahs. 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 city. FISCAL IMPACT: FY 2025 - 2026 Budget, Project Fund, Line Item 02-58500-480 - $20,000. 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 249 rockrock plazaplazarock plaza B O Y N T O N B E A C H music by ocean plaza 640 e. ocean ave. thethethe Paul Anthony & The Reggae Souljahsffrreeee eevveennttfree event m a y 16 th 2 p m -6pm 250 •04-14-2026 CRA City Joint Meeting Minutes COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: May 12, 2026 CONSENT AGENDA AGENDA ITEM 11.A SUBJECT: Approval of the Joint CRA Board/City of Boynton Beach Commission Meeting Minutes for April 14, 2026 SUMMARY: See attached minutes. CRA BOARD OPTIONS: Approve the April 14, 2026 Joint CRA Board/City of Boynton Beach Commission Meeting Minutes. ATTACHMENTS: Description 251 252 253 254 255 •04-14-2026 CRA Board Meeting Minutes COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: May 12, 2026 CONSENT AGENDA AGENDA ITEM 11.B SUBJECT: Approval of the CRA Board Meeting Minutes for April 14, 2026 SUMMARY: See attached minutes. CRA BOARD OPTIONS: Approve the April 14, 2026 CRA Board Meeting Minutes. ATTACHMENTS: Description 256 257 258 259 260 261 262 263 264 265 266 267 •04-21-2026 CRA City Joint Meeting Minutes COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: May 12, 2026 CONSENT AGENDA AGENDA ITEM 11.C SUBJECT: Approval of the Joint CRA Board/City of Boynton Beach Commission Meeting Minutes for April 21, 2026 SUMMARY: See attached minutes. CRA BOARD OPTIONS: Approve the April 14, 2026 Joint CRA Board/City of Boynton Beach Commission Meeting Minutes. ATTACHMENTS: Description 268 269 270 271 272 273 274 275 276 277 278 279 •Attachment I - April 2026 Financial Summary.pdf COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: May 12, 2026 CONSENT AGENDA AGENDA ITEM 11.D SUBJECT: CRA Financial Report Period Ending April 30, 2026 SUMMARY: CRA Financial Services staff is providing the CRA Board with the April 30, 2026 Report (Attachment I): Statement of Revenues, Expenditures and Changes in Fund Balance Report; Budget Comparison Schedule - General Fund Detail vs Budget Report FISCAL IMPACT: FY 2025-2026 Annual Budget CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan and FY 2025-2026 CRA Budget CRA BOARD OPTIONS: Approve the CRA's monthly financial and budget reports for the period ending April 30, 2026. ATTACHMENTS: Description 280 General Fund Projects Fund Debt Service Fund Total Governmental Funds REVENUES Tax increment revenue 26,263,867 - - 26,263,867 Marina Rent & Fuel Sales 1,259,478 - - 1,259,478 Contributions and donations - - - - Interest and other income 72,416 504,009 15,761 592,186 Total revenues 27,595,761 504,009 15,761 28,115,531 EXPENDITURES General government 2,794,222 - - 2,794,222 Redevelopment projects - 27,330,881 - 27,330,881 Debt service:- Principal - - - - Interest and other charges - - 29,432 29,432 Total expenditures 2,794,222 27,330,881 29,432 30,154,535 24,801,539 (26,826,872) (13,670) (2,039,004) OTHER FINANCING SOURCES (USES) Funds Transfers in - 21,659,907 2,319,093 23,979,000 Funds Transfers out (23,979,000) - - (23,979,000) Total other financing sources (uses) (23,979,000) 21,659,907 2,319,093 - Net change in fund balances 822,539 (5,166,965) 2,305,423 (2,039,004) Fund balances - beginning of year 4,869,740 19,070,941 230,912 24,171,593 Fund balances - end of year 5,692,279 13,903,976 2,536,335 22,132,589 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 - April 30, 2026 (A Component Unit of the City of Boynton Beach, Florida) The notes to the basic financial statements are an integral part of this statement. 1 281 Original Budget Final Budget Actual REVENUES Tax increment revenue 26,066,966$ -$ 26,263,867 Marina Rent & Fuel Sales 1,300,000 - 1,259,478 Interest and other income - - 72,416 Other financing sources (uses) - - - Total revenues 27,366,966 - 27,595,761 EXPENDITURES General government 5,992,054 - 2,794,222 Total expenditures 5,992,054 - 2,794,222 21,374,912 - 24,801,539 OTHER FINANCING SOURCES (USES) Carryover fund balance - Transfers out (21,374,912) - (23,979,000) Total other financing sources (uses) (21,374,912) - (23,979,000) Net change in fund balances -$ -$ 822,539 Fund balances - beginning of year 4,869,740 Fund balances - end of year 5,692,279 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 - April 30, 2026 The notes to the basic financial statements are an integral part of this statement. 1 282 5/4/2026 1:03:43 PM Page 1 of 5 Detail vs Budget Report Boynton Beach CRA, FL Account Summary Date Range: 04/01/2026 - 04/30/2026 Account Name Beginning Balance Total Activity Ending BalanceFiscal Budget Budget RemainingEncumbrances % Remaining 01 - GENERAL FUND Revenue 01-41000 T.I.F. COLLECTIONS 196,901.00-26,263,867.0065,016.00-26,328,883.00-26,066,966.000.00 0.76% 01-42115 MARINA RENTS -19,876.42-80,123.58-5,930.70-74,192.88-100,000.000.00 -19.88% 01-42116 MISCELLANEOUS RENTS FRO PROPER 121,460.00-121,460.00-17,350.00-104,110.000.000.00 0.00% 01-42117 MARINA FUEL SALES -173,316.11-1,026,683.89-186,568.09-840,115.80-1,200,000.000.00 -14.44% 01-42118 MARINA MISC INCOME 31,210.26-31,210.26-2,922.88-28,287.380.000.00 0.00% 01-46100 INTEREST INCOME 64,255.10-64,255.10-6,152.94-58,102.160.000.00 0.00% 01-48100 MISCELLANEOUS INCOME 8,160.71-8,160.71-7,640.79-519.920.000.00 0.00% 01-49100 OTHER FINANCING SOURCES -2,604,088.000.000.000.00-2,604,088.000.00 -100.00% Revenue Totals:0.00 -29,971,054.00 -27,434,211.14 -161,549.40 -27,595,760.54 -2,375,293.46 -7.93% Expense 01-51010-200 CONTRACTUAL EXPENSE 24,364.711,564.00184.001,380.0025,928.710.00 93.97% 01-51010-216 ADVERTISING & PUBLIC NOTICES 9,784.79215.21215.210.0010,000.000.00 97.85% 01-51010-225 ASSOC. MEETINGS & SEMINARS 26,285.034,249.970.004,249.9730,535.000.00 86.08% 01-51010-227 DELIVERY SERVICES 500.000.000.000.00500.000.00 100.00% 01-51010-310 OFFICE SUPPLIES 398.43401.5716.40385.17800.000.00 49.80% 01-51230-100 PERSONNEL SERVICES 198,612.39148,187.6120,631.00127,556.61346,800.000.00 57.27% 01-51230-115 CAR ALLOWANCE 7,440.682,159.32276.921,882.409,600.000.00 77.51% 01-51230-225 ASSOC. MEETINGS & SEMINARS 14,211.042,733.960.002,733.9616,945.000.00 83.87% 01-51230-226 MEMBERSHIP DUES 9,225.339,174.670.009,174.6718,400.000.00 50.14% 01-51230-227 DELIVERY SERVICES 500.000.000.000.00500.000.00 100.00% 01-51230-229 CAREER DEVELOPMENT 18,807.52692.480.00692.4819,500.000.00 96.45% 01-51230-310 OFFICE SUPPLIES 2,136.11363.8918.59345.302,500.000.00 85.44% 01-51230-315 POSTAGE 2,656.36343.640.00343.643,000.000.00 88.55% 01-51230-340 CELLULAR PHONES 1,080.65919.35133.95785.402,000.000.00 54.03% 01-51230-355 SUBSCRIPTIONS 1,530.00170.000.00170.001,700.000.00 90.00% 01-51230-360 BOOKS & PUBLICATIONS 300.000.000.000.00300.000.00 100.00% 01-51230-400 EQUIPMENT COSTS 2,868.191,131.810.001,131.814,000.000.00 71.70% 01-51325-100 PERSONNEL SERVICES 159,189.83160,944.1722,199.19138,744.98320,134.000.00 49.73% 01-51325-115 CAR ALLOWANCE 1,730.791,869.21276.921,592.293,600.000.00 48.08% 01-51325-200 CONTRACTUAL EXPENSE 125.00175.000.00175.00300.000.00 41.67% 01-51325-201 BANK FEES 5,612.28387.7297.21290.516,000.000.00 93.54% 01-51325-225 ASSOC. MEETINGS & SEMINARS 8,215.351,084.650.001,084.659,300.000.00 88.34% 01-51325-226 MEMBERSHIP DUES 1,384.17315.830.00315.831,700.000.00 81.42% 01-51325-227 DELIVERY COSTS 226.2673.740.0073.74300.000.00 75.42% 01-51325-229 CAREER DEVELOPMENT 12,000.000.000.000.0012,000.000.00 100.00% 283 Detail vs Budget Report Date Range: 04/01/2026 - 04/30/2026 5/4/2026 1:03:43 PM Page 2 of 5 Account Name Beginning Balance Total Activity Ending BalanceFiscal Budget Budget RemainingEncumbrances % Remaining 01-51325-310 OFFICE SUPPLIES 1,437.14562.8618.59544.272,000.000.00 71.86% 01-51325-340 CELLULAR PHONES 1,346.71653.2996.52556.772,000.000.00 67.34% 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 1,605.05394.950.00394.952,000.000.00 80.25% 01-51325-400 EQUIPMENT COSTS 2,000.000.000.000.002,000.000.00 100.00% 01-51410-213 GENERAL PROPERTY COVERAGE 213,467.63202,301.3727,126.32175,175.05415,769.000.00 51.34% 01-51420-200 CONTRACTUAL EXPENSE 539,759.95194,906.6943,483.33151,423.36468,000.00-266,666.64 115.33% 01-51420-201 CONTRACT LEGAL 139,629.0276,370.9810,750.0065,620.98207,000.00-9,000.00 67.45% 01-51420-202 WEBSITE HOSTING, REDESIGN & MAINT 41,510.407,577.00436.937,140.0748,650.47-436.93 85.32% 01-51420-204 CITY STAFF COSTS 38,488.001,920.000.001,920.0040,408.000.00 95.25% 01-51440-100 PERSONNEL SERVICES 130,725.73141,268.2718,957.62122,310.65271,994.000.00 48.06% 01-51440-225 ASSOC. MEETINGS & SEMINARS 6,318.33271.67177.0894.596,590.000.00 95.88% 01-51440-226 MEMBERSHIP DUES 976.46923.540.00923.541,900.000.00 51.39% 01-51440-227 DELIVERY SERVICES 496.72103.280.00103.28600.000.00 82.79% 01-51440-229 CAREER DEVELOPMENT 17,000.000.000.000.0017,000.000.00 100.00% 01-51440-310 OFFICE SUPPLIES 1,728.87271.1318.59252.542,000.000.00 86.44% 01-51440-340 CELLULAR PHONES 615.00585.0090.00495.001,200.000.00 51.25% 01-51440-355 SUBSCRIPTIONS 2,000.000.000.000.002,000.000.00 100.00% 01-51440-360 BOOKS & PUBLICATIONS 480.2319.770.0019.77500.000.00 96.05% 01-51440-365 OFFICE PRINTING COSTS 2,000.000.000.000.002,000.000.00 100.00% 01-51620-200 CONTRACTUAL EXPENSE 4,910.0389.9789.970.005,000.000.00 98.20% 01-51620-201 PROPERTY TAXES & ASSOC. DUES 16,022.62188,848.593,489.20185,359.39204,871.210.00 7.82% 01-51620-202 MARINA POLICE 37,453.8223,409.774,065.4519,344.3256,798.14-4,065.45 65.94% 01-51620-205 RENTAL OF OFFICES 27,812.6017,187.400.0017,187.4045,000.000.00 61.81% 01-51620-208 EQUIPMENT LEASES 13,081.652,857.02529.272,327.7515,409.40-529.27 84.89% 01-51620-209 PROPERTY MAINTENENCE COST 469,501.43128,033.7011,492.85116,540.85589,854.63-7,680.50 79.60% 01-51620-211 VEHICLE MAINTENANCE / FUEL 9,264.87735.130.00735.1310,000.000.00 92.65% 01-51620-212 HURRICANE/PROPERTY CONTINGENCY 35,000.000.000.000.0035,000.000.00 100.00% 01-51620-224 SIGNAGE 19,587.00413.000.00413.0020,000.000.00 97.94% 01-51620-325 ELECTRICITY COSTS 27,500.082,499.92181.532,318.3930,000.000.00 91.67% 01-51620-326 WATER CHARGES 21,539.613,460.3929.713,430.6825,000.000.00 86.16% 01-51630-200 CONTRACTUAL 0.00450.000.00450.00450.000.00 0.00% 01-51630-209 PROPERTY MAINTENENCE 60,293.4452,609.764,423.7648,186.00110,000.00-2,903.20 54.81% 01-51630-241 MARINA FUEL MANAGEMENT 107,201.09142,798.9120,399.85122,399.06250,000.000.00 42.88% 01-51630-242 MARINE FUEL STATION OVERHEAD 19,988.9925,011.014,887.5520,123.4645,000.000.00 44.42% 01-51630-310 OFFICE SUPPLIES 512.37487.630.00487.631,000.000.00 51.24% 01-51630-325 ELECTRIC COSTS 5,789.375,210.631,179.454,031.1811,000.000.00 52.63% 01-51630-326 WATER COSTS 4,308.615,691.391,509.564,181.8310,000.000.00 43.09% 01-51630-327 GASOLINE & DEISEL FUEL PURCHAS 158,192.36699,357.64142,394.33556,963.31857,550.000.00 18.45% 01-51630-328 MARINA DIESEL SALES TAX 6,767.028,232.982,226.526,006.4615,000.000.00 45.11% 01-51650-200 CONTRACTUAL EXPENSE 1,200.000.000.000.001,200.000.00 100.00% 01-51650-210 CITY IT SUPPORT 35,690.558,049.450.008,049.4543,740.000.00 81.60% 01-51650-211 COMPUTER SOFTWARE & LICENSES 6,200.000.000.000.006,200.000.00 100.00% 284 Detail vs Budget Report Date Range: 04/01/2026 - 04/30/2026 5/4/2026 1:03:43 PM Page 3 of 5 Account Name Beginning Balance Total Activity Ending BalanceFiscal Budget Budget RemainingEncumbrances % Remaining 01-51650-212 FINANCIAL SOFTWARE MAINTENANCE 16,978.3125,081.690.0025,081.6942,060.000.00 40.37% 01-51650-330 TELEPHONE LINES 5,000.000.000.000.005,000.000.00 100.00% 01-51650-400 EQUIPMENT COSTS 13,000.000.000.000.0013,000.000.00 100.00% 01-51990-200 CONTRACTUAL EXPENSE - CONTINGENCY 38,671.000.000.000.0038,671.000.00 100.00% 01-57400-100 PERSONNEL SERVICES 108,144.5987,815.4112,024.6075,790.81195,960.000.00 55.19% 01-57400-216 ADVERTISING & PUBLIC NOTICES 31,259.3417,740.661,605.0016,135.6649,000.000.00 63.79% 01-57400-218 ANNUAL REPORT & BROCHURES 4,755.00245.000.00245.005,000.000.00 95.10% 01-57400-225 ASSOC. MEETINGS & SEMINARS 15,586.48856.210.00856.2116,442.690.00 94.79% 01-57400-226 MEMBERSHIP DUES 9,790.00910.000.00910.0010,700.000.00 91.50% 01-57400-227 DELIVERY SERVICES 1,500.000.000.000.001,500.000.00 100.00% 01-57400-229 CAREER DEVELOPMENT 5,500.005,000.005,000.000.0010,500.000.00 52.38% 01-57400-236 PHOTOGRAPHY / VIDEOS 20,000.000.000.000.0020,000.000.00 100.00% 01-57400-310 OFFICE SUPPLIES 1,558.47441.5318.59422.942,000.000.00 77.92% 01-57400-340 CELLULAR PHONES 1,353.74646.2690.00556.262,000.000.00 67.69% 01-57400-355 SUBSCRIPTIONS 1,270.43829.570.00829.572,100.000.00 60.50% 01-57400-360 BOOKS & PUBLICATIONS 500.000.000.000.00500.000.00 100.00% 01-57400-365 OFFICE PRINTING COSTS 2,034.751,965.251,577.36387.894,000.000.00 50.87% 01-57500-100 PERSONNEL SERVICES 116,689.3072,776.7011,331.7061,445.00189,466.000.00 61.59% 01-57500-225 ASSOC. MEETINGS & SEMINARS 11,117.65674.660.00674.6611,792.310.00 94.28% 01-57500-226 MEMBERSHIP DUES 2,215.00385.000.00385.002,600.000.00 85.19% 01-57500-229 CAREER DEVELOPMENT 6,437.955,562.055,562.050.0012,000.000.00 53.65% 01-57500-310 OFFICE SUPPLIES 1,638.40361.6018.59343.012,000.000.00 81.92% 01-57500-340 CELLULAR PHONES 307.50292.5045.00247.50600.000.00 51.25% 01-57500-355 SUBSCRIPTIONS 500.000.000.000.00500.000.00 100.00% 01-57500-360 BOOKS & PUBLICATIONS 220.00280.000.00280.00500.000.00 44.00% 01-59000-151 F.I.C.A.43,684.2636,315.745,103.4131,212.3380,000.000.00 54.61% 01-59000-152 MEDICARE 15,816.009,184.001,193.577,990.4325,000.000.00 63.26% 01-59000-153 RETIREMENT PLAN 401(a)164,181.00185,819.0045,621.00140,198.00350,000.000.00 46.91% 01-59000-154 WORKERS COMP INSURANCE 13,236.631,763.37213.451,549.9215,000.000.00 88.24% 01-59000-155 HEALTH INSURANCE 150,372.4849,627.52562.0249,065.50200,000.000.00 75.19% 01-59000-156 DENTAL INSURANCE 7,527.742,472.26353.182,119.0810,000.000.00 75.28% 01-59000-157 LIFE INSURANCE 9,528.00472.0040.00432.0010,000.000.00 95.28% 01-59000-158 SHORT / LONG TERM DISABILITY 5,805.314,194.69308.433,886.2610,000.000.00 58.05% 01-59000-159 UNEMPLOYMENT CHARGES 5,000.000.000.000.005,000.000.00 100.00% 01-59000-160 VISION INSURANCE 2,711.60288.4041.20247.203,000.000.00 90.39% 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 0.002,319,093.000.002,319,093.002,319,093.000.00 0.00% 01-59999-990 INTERFUND TRANSFERS OUT 0.0021,659,907.000.0021,659,907.0021,659,907.000.00 0.00% Expense Totals:-291,281.99 30,122,219.56 26,340,409.44 432,812.52 26,773,221.96 3,640,279.59 12.09% 01 - GENERAL FUND Totals:-291,281.99 151,165.56 -1,093,801.70 271,263.12 -822,538.58 1,264,986.13 02 - PROJECTS FUND Revenue 02-44100 FESTIVAL & EVENT INCOME 7,000.00-7,000.000.00-7,000.000.000.00 0.00% 285 Detail vs Budget Report Date Range: 04/01/2026 - 04/30/2026 5/4/2026 1:03:43 PM Page 4 of 5 Account Name Beginning Balance Total Activity Ending BalanceFiscal Budget Budget RemainingEncumbrances % Remaining 02-46100 INTEREST INCOME 343,007.11-343,007.11-47,041.10-295,966.010.000.00 0.00% 02-47100 APPLICATION FEES 1,800.00-1,800.00-600.00-1,200.000.000.00 0.00% 02-48100 MISCELLANEOUS INCOME 152,201.98-152,201.980.00-152,201.980.000.00 0.00% 02-49100 OTHER FINANCING SOURCES -21,862,030.000.000.000.00-21,862,030.000.00 -100.00% 02-49900 TRANSFERS IN 0.00-21,659,907.000.00-21,659,907.00-21,659,907.000.00 0.00% Revenue Totals:0.00 -43,521,937.00 -22,116,274.99 -47,641.10 -22,163,916.09 -21,358,020.91 -49.07% Expense 02-58100-202 CONTINGENCY EXPENSE 25,248.000.000.000.0025,248.000.00 100.00% 02-58100-203 CONTRACTUAL EXPENSE 1,461,056.4087,922.2426,577.1661,345.081,526,551.48-22,427.16 95.71% 02-58100-213 LEGAL FEES 215,799.00115,360.0030,570.0084,790.00331,159.000.00 65.16% 02-58200-401 PROPERTY PURCHASES 8,287,585.9822,461,382.937,018,805.7515,442,577.1824,261,174.00-6,487,794.91 34.16% 02-58200-402 IMPROVEMENTS 4,296,000.004,000.000.004,000.004,300,000.000.00 99.91% 02-58200-404 CONSTRUCTION IN PROGRESS 149,082.58-74,541.290.00-74,541.2974,541.290.00 200.00% 02-58200-405 SITE WORK AND DEMOLITION FEES 421,555.9922,958.000.0022,958.00444,513.990.00 94.84% 02-58200-406 INFRASTRUCTURE AND STREETSCAPE 13,390,302.692,873,212.760.002,873,212.7616,263,515.450.00 82.33% 02-58400-443 DIFA-ECONOMIC DEVELOPMENT 109,219.00444,621.00444,621.000.00553,840.000.00 19.72% 02-58400-444 ECONOMIC DEVELOPMENT GRANTS 1,286,073.81443,715.616,970.00436,745.611,945,619.35215,829.93 66.10% 02-58400-445 MARKETING INCENTIVES 209,650.0048,955.002,900.0046,055.00256,105.00-2,500.00 81.86% 02-58500-460 COMMUNITY POLICING INNOVATIONS 1,254,198.76628,563.34229,155.35399,407.991,654,059.59-228,702.51 75.83% 02-58500-470 COMMUNITY SUPPORT PROJECTS 488,586.52182,194.8029,543.47152,651.33641,237.85-29,543.47 76.19% 02-58500-480 COMMUNITY SPECIAL EVENTS 517,463.3292,536.681,593.7390,942.95610,000.000.00 84.83% Expense Totals:-6,555,138.12 52,887,565.00 19,540,144.61 7,790,736.46 27,330,881.07 32,111,822.05 60.72% 02 - PROJECTS FUND Totals:-6,555,138.12 9,365,628.00 -2,576,130.38 7,743,095.36 5,166,964.98 10,753,801.14 03 - DEBT SERVICE Revenue 03-46100 INTEREST INCOME 15,761.43-15,761.43-3,704.08-12,057.350.000.00 0.00% 03-49900 TRANSFERS IN 0.00-2,319,093.000.00-2,319,093.00-2,319,093.000.00 0.00% Revenue Totals:0.00 -2,319,093.00 -2,331,150.35 -3,704.08 -2,334,854.43 15,761.43 0.68% Expense 03-59800-814 BOND 2012 PRINCIPAL 1,530,000.000.000.000.001,530,000.000.00 100.00% 03-59800-815 BOND 2015 PRINCIPAL 725,000.000.000.000.00725,000.000.00 100.00% 03-59800-824 BOND 2012 INTEREST 21,698.8417,469.160.0017,469.1639,168.000.00 55.40% 03-59800-826 BOND 2015 INTEREST 11,962.5011,962.500.0011,962.5023,925.000.00 50.00% 03-59800-830 FINANCIAL AGENT FEES 1,000.000.000.000.001,000.000.00 100.00% Expense Totals:0.00 2,319,093.00 29,431.66 0.00 29,431.66 2,289,661.34 98.73% 03 - DEBT SERVICE Totals:0.00 0.00 -2,301,718.69 -3,704.08 -2,305,422.77 2,305,422.77 Report Total:-6,846,420.11 9,516,793.56 -5,971,650.77 8,010,654.40 2,039,003.63 14,324,210.04 286 Detail vs Budget Report Date Range: 04/01/2026 - 04/30/2026 5/4/2026 1:03:43 PM Page 5 of 5 Fund Summary Fund Beginning Balance Total Activity Ending BalanceFiscal Budget Budget RemainingEncumbrances % Remaining -291,281.99 151,165.56 -1,093,801.70 271,263.12 -822,538.58 1,264,986.1301 - GENERAL FUND -6,555,138.12 9,365,628.00 -2,576,130.38 7,743,095.36 5,166,964.98 10,753,801.1402 - PROJECTS FUND 0.00 0.00 -2,301,718.69 -3,704.08 -2,305,422.77 2,305,422.7703 - DEBT SERVICE Report Total:-6,846,420.11 9,516,793.56 -5,971,650.77 8,010,654.40 2,039,003.63 14,324,210.04 287 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: May 12, 2026 CONSENT AGENDA AGENDA ITEM 11.E SUBJECT: Approval of a Waiver for the Commercial Rent Reimbursement Grant Program to Bungalow at Boynton LLC d/b/a The Bungalow Bar & Grill located at 511 NE 4th Street 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 February 11, 2025, the CRA Board approved a Commercial Rent Reimbursement Grant in the amount of $24,000 to Bungalow at Boynton LLC d/b/a The Bungalow Bar & Grill located at 511 NE 4th Street, Boynton Beach, FL 33435 (see Attachments I-III). The Bungalow Bar & Grill has become a vibrant cornerstone in Boynton with a laid back atmosphere featuring an active schedule of unique, community-driven events. The Bungalow is an immersive experience that goes beyond dining and drinking. A vibrant Key West inspired décor that sets the stage for relaxation and socialization. The menu features fresh flavorful dishes and creative cocktails, emphasizing seasonal ingredients and local seafood. They have an ever- changing line up of events and live music to ensure every visit offers something new and exciting. Under the Program Rules & Regulations, the grant recipient will receive a maximum of 12 consecutive monthly rent payments on a monthly basis. Rent reimbursements for The Bungalow began in February 2025. Bungalow has received six consecutive payments for February 2025 - July 2025. CRA staff did not receive any request for reimbursement for August 2025. Reimbursements resumed for September 2025-December 2025. The Bungalow was unable to provide proof of rent payment for August 2025 and have since deferred rent payment for August until late 2026. On April 7, 2026, CRA staff received a request from The Bungalow for a waiver for 12 "consecutive" rent payments to a total of 12 monthly rent payments (see Attachment IV). Due to the hardships the business faced during the slower summer months, they negotiated an amendment to the lease to defer their August rent payment to late 2026. If the request for a waiver was approved for a total of 12 monthly rent payments (vs. 12 consecutive months), The Bungalow would be reimbursed for February 2026 in place of August 2025 rent. 288 •Attachment I - Commercial Rent Reimbursement Grant Program •Attachment II - Location Map •Attachment III - Lease •Attachment IV - Request for a Waiver FISCAL IMPACT: FY 2024-2025 Budget, Project Fund, Line Item 02-58400-444, $24,000 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approve a Waiver for the Commercial Rent Reimbursement Grant Program to Bungalow at Boynton LLC d/b/a The Bungalow Bar & Grill located at 511 NE 4th Street, Boynton Beach, FL 33435. ATTACHMENTS: Description 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 Reset Select Language ▼ Search by Address, Owner, or PCN Return Property Info Layers Tools & Reports Help View Property Record Print MEADOWCROFT LIVING TRUST LOCATION 511 NE 4TH ST MUNICIPALITY BOYNTON BEACH PARCEL NO. 08-43-45-21-26-003-0020 SUBDIVISION ROBERT ADD TO TOWN OF BOYNTON IN BOOK/PAGE 35090/1667 SALE DATE JUN-2024 MAILING ADDRESS 522 NE 4TH ST BOYNTON BEACH FL 33435 4142 USE TYPE 2100 - RESTAURANT TOTAL SQUARE FEET 1740 OWNERS PROPERTY DETAIL SALES INFORMATION   v.1.4a 1/28/25, 3:29 PM PAPA Countywide Map https://gis.pbcgov.org/papagis/papa.html#1/1308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 This Message Is From an Untrusted Sender You have not previously corresponded with this sender. From:Last Call Admin To:Nicklien, Bonnie Cc:Robert Pereira Subject:Request for Waiver - August 2025 Rent Reimbursement Date:Tuesday, April 07, 2026 11:30:17 AM Good Morning Bonnie, Hope you are doing well. We wanted to follow up regarding the August 2025 rent reimbursement. At the time, our team coordinated directly with the property owners to defer the August 2025 rent payment until further notice. We understand this affected the consecutive months required by the grant, and we would like to kindly request a waiver from the Board to replace August 2025 with February 2026 for reimbursement purposes. We truly appreciate your support and hope this request can be considered. Please let us know if there is any additional information needed to move forward. Thank you so much for your time, Bonnie. Best regards, JORGE MENDIETA Business Admin Last Call Hospitality Group M: (786)338-9000 A: 1111 Brickell Avenue, 10th Floor, Miami FL Check out our concepts: Tipsy Flamingo Cocktail Bar, Sunset Club Rooftop, Sweet Caroline Karaoke Bar, RedBar, The Bungalow, Tambo 329 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: May 12, 2026 CONSENT AGENDA AGENDA ITEM 11.F SUBJECT: Approval of Five Commercial Economic Development Grant Program Applications SUMMARY: The CRA's reimbursable Economic Development Grants provide 50% of the project costs in matching reimbursable 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. CRA staff has received complete grant applications for the Commercial Rent Reimbursement Grant Program and Commercial Property Improvement from the applicants listed in the table below. If approved, the applicants are eligible to receive the maximum grant funding as allowed per the Program Rules & Regulations provided 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 applicant submits the proper reimbursement documents to the CRA staff for approval. Business Name Attachment Address Grant Tier Grant Amount GGSS Delray LLC d/b/a goGLOW Boytnon Beach I & II 1501 S. Federal Highway Rent Reimbursement Property Improvement II $21,000 $35,000 618 E. Ocean Ave LLC III 618 E. Ocean Avenue Property Improvement II $25,000 330 •Attachment I - Commercial Rent Reimbursement Grant to goGLOW Boynton Beach •Attachment II - Commercial Property Improvement Grant to goGLOW Boytnon Beach •Attachment III - Commercial Property Improvement Grant to 618 E Ocean Ave LLC •Attachment IV - Commercial Rent Reimbursement Grant to Rivalries Sports Pub •Attachment V - Commercial Rent Reimbursement Grant to Logo Legend LLC MVB, Inc. d/b/a Rivalries Sports Pub IV 510 E. Ocean Avenue, Unit 101 Rent Reimbursement I $24,000 Logo Legend LLC V 680 W. Industrial Avenue, Unit 7 Rent Reimbursement II $6,000 FISCAL IMPACT: FY 2025-2026 Budget, Project Fund, Line Item 02-58400-444, $820,000 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approve the Commercial Economic Development Grant Program Applications. ATTACHMENTS: Description 331 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. 332 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. 333 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. 334 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, 335 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; 336 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. 337 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. 338 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. 339 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 340 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: 341 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): _____________________________________ Applicant Contact Phone Number: _____________________________________ _____________________________________ Boynton Beach Business Address: GGSS Delray LLC, DBA goGLOW Boynton Beach _____________________________________ 1501 S Federal Highway _____________________________________Boynton Beach, FL 33435 941-400-4931 342 ~QY~l~~CRA COMMUNITY REDEVELOPMENT AGENCY APPLICANT INFORMATION APPLI NATURES: 1. 2. 3. 4. Princi al/Owner's Signature Sarah Smith Printed Name Principal/Owner's Signature Printed Name Principal/Owner's Signature Printed Name Principal/Owner's Signature Printed Name 04/08/2026 Date Owner/Area Developer Title Date Title Date Title Date Title Notary as to PrincipaVOwner's Signatures -Multiple notary pages may be used if signing individually sTATE oF -~ft...4,.J&..o_c...;;..;• tki~..._ ___ __,_couNrv oF _ __..l,::;.aa ___ l,_t ___ _ BEFORE ME::2~r d~ul authorized by law to administer oa~hs and ta nts, personally appeared ~ -~ , who 1s/are ~0 ,r~onally known to me or produced a Le..t\:S L, C.(,nse as identifica 10n, 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 FOREGOIN~I have set my han tate and County aforesaid on this 2J ~ day of _J.a.lf!-1-:...!...L--,...-llfn wH---' 20~. ' ...... ,~... ROSIN DAMA ELLERBY m;).."'f.•, Mowy Publk • St1t1 of Flor1d1 ' Commlnlon I HH 2967-47 ' •c..'?[. f::.i/) My Comm. Explrff Nov 29, 2026 ' , ... 8ondtd throuth "8tionll Notary A5'n, Page 12 of 13 Rent Reimbursement PUBLIC mission Expires: }JO V · ·).q J ~k;> 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435-Phone: (561) 600 -9090 www .boyntonbeachcra.com 343 l BOYNTO~ 0s'k\0s1BEACH CRA COMMUNITY REDEVELOPMENT AGENCY LANDLORD INFORMATION 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. s~rrs~~ 1. Printed Name \JP cup, /46a to Date Ca\=)e x 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 ~~~T;~~F H151d~ BEFORE ME, an officer duly au by law to administer oaths and take acknowle~~~, personally appeared ___....,u,.,,--..-f-~""--'--::~~"-+------:----· who is/arfl$ersonally k_~ o· me or produced,_.,.:__~....a-,;...1....&.,CL.1,....__......_..~~--................... ....__~-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 ;l. I $'-day of , , 2oaU,_. My Commission Expires: 10ov. zq~~ ' ···•t,iil•·, R081M DAMA ELLERBY l ml\'f>\ Moury Public • Stitt of Flor1di ·~ commission; HH 296747 '°'~~ My comm. ExplrM Nov 29, 1026 ........... 8tindtd thrautn Mat1onal ~otary Ann, Page 13 of 13 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435-Phone: (561) 600 -9090 www.boyntonbeachcra.com 344 Business Information Additional Information Application Commercial Rent Reimbursement Grant Program Status Awaiting Decision Business Name goGLOW Boynton Beach Contact Legal Name Sarah Smith Email sarah.smith@goglow.co Address 1501 South Federal Highway, Boynton Beach, Florida 33435, United States Phone 561−374−0016 Website http://goglow.co/boynton-beach Special Requests Submitted Time Apr 15, 2026 9:53 am Tags Boynton Beach Business Address: 1501 S Federal Highway, Boynton Beach, FL 33435 Provide a list of all principal owners listed on corporate documents Sarah Smith 20 NE 16th Court, Delray Beach FL, 33444 941−400−4931 sarah.smith@goglow.co Business Mission Statement goGLOW Boynton Beach is dedicated to helping our community look and feel their best through safe, all-natural sunless tanning solutions that promote confidence and whole skin health. We strive to deliver a luxury, personalized experience while fostering meaningful local partnerships and supporting the vibrant Boynton Beach community. Our mission is to redefine beauty standards by offering a healthy alternative to traditional tanning in an inclusive, empowering environment. 4/20/26, 11:06 AM Print about:blank 1/3345 Are you an existing business in Boynton Beach? No Numbers of years in existence 0 Are you a new business in Boytnon Beach? Yes Description of your business goGLOW Boynton Beach is a modern, luxury sunless tanning studio focused on providing safe, high-quality alternatives to traditional UV tanning. We specialize in custom airbrush spray tans using proprietary, skin-nourishing formulas that are vegan, cruelty-free, and made in the USA. Each service is tailored to the individual client’s skin tone and desired result, delivering a natural, streak-free glow in a clean, professional environment. In addition to single-session spray tans, goGLOW offers flexible membership packages designed to make routine self-care accessible and affordable for clients. Our services cater to a wide range of customers, including busy professionals, parents, brides, event attendees, and individuals seeking a healthy, confidence-boosting beauty solution. Beyond our core services, we also provide a curated selection of retail products that extend and enhance results, including pre- and post-tan skincare. Our business model emphasizes convenience, consistency, and an elevated customer experience, supported by trained technicians and a strong focus on client education. Type of Business Tier II Base Rent (plus CAM if applicable) 5,939.97/mo Square Footage of Current Location (No response submitted) Square Footage of New Location 1239 Number of Employees & Job Descriptions I. List of jobs to be created a. Manager – 0 or 1 position (full time) b. Lead Spraytan Specialist – 2 positions (full time) c. Spraytan Specialist – 4−7 positions (part time) Total hires will be 7−10 positions, potentially 15−18 during busy season (Feb - June) II. Pay range a. Manager – $70,000 to 80,000 per year b. Lead Spraytan Specialist – $16/hr-$18/hr plus tips and % off retail, potential for healthcare reimbursement (national average is $30−$35/hour with tips) c. Spraytan Specialist – $15/hr - $17/hr plus tips and % off retail, potential for healthcare reimbursement (national average is $30−$35/hour with tips) Hours of Operation Hours of Operation: Sunday 10 AM–6 PM Monday 9 AM–9 PM Tuesday 9 AM–9 PM Wednesday 9 AM–10 PM Thursday 9 AM–10 PM Friday 9 AM–9 PM Saturday 10 AM–6 PM 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 4/20/26, 11:06 AM Print about:blank 2/3346 Prices Landlord Contact Information 1351 South Federal (FL) Owner LLC c/o LivCor 233 South Walker Drive, Suite 4700 Chicago, IL 60606 Attention: Matthew Neufeld Phone: 312−466−3400 In the following sections, please upload the requested documents. If more than one file is needed in a response to an individual prompt, go to "Choose Files," select multiple files at the same time in 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 File uploaded 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 Trafficking Affidavit" 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" notifications sent through Eventeny are purely administrative. Final approval will occur at the next available Board Meeting. Sarah Smith How would you like to pay your application fee? Pay with credit card Application Fee Quantity - 1 | Total - $100.00 4/20/26, 11:06 AM Print about:blank 3/3347 Reset Select Language ▼ Search by Address, Owner, or PCN Return Property Info Layers Tools & Reports Help View Property Record Print 1351 SOUTH FEDERAL FL OWNER LLC LOCATION 1331 S FEDERAL HWY 102 MUNICIPALITY BOYNTON BEACH PARCEL NO. 08-43-45-28-45-001-0000 SUBDIVISION LAS VENTANAS BOOK/PAGE 32839/90 SALE DATE 08/25/2021 MAILING ADDRESS PO BOX A3878 CHICAGO IL 60690 3878 USE TYPE 0300 - MULTIFAMILY 10 UNITS OR MORE TOTAL SQUARE FEET 822044 OWNERS PROPERTY DETAIL SALES INFORMATION      4/20/26, 11:08 AM PAPA Countywide Map https://gis.pbcgov.org/papagis/papa.html#1/1348 136422 1 LEASE Lease dated _____________, 2025 (the “Effective Date”), between 1351 SOUTH FEDERAL (FL) OWNER LLC, a Delaware limited liability company, herein called “Landlord”, and GGSS Delray LLC, a Florida limited liability company, herein called “Tenant”. In consideration of the mutual covenants contained herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged , Landlord and Tenant agree with each other as follows: ARTICLE 1: BASIC LEASE PROVISIONS AND DEFINED TERMS Section 1.01. Basic Lease Provisions. Wherever used in this Lease, the following terms shall have the meanings provided for in this Section. Shopping Center: The land, building(s) and other improvements owned by or leased to Landlord, known as One Boynton and more particularly depicted on Exhibit A. Shopping Center Postal Address: 1499 South Federal Highway, Boynton Beach, Florida 33435 Premises: Unit No. 1501 consisting of approximately one thousand two hundred thirty nine (1,239) total square feet in the Shopping Center, as approximately depicted on Exhibit A. Premises Address: 1501 South Federal Highway, Boynton Beach, Florida 33435 Landlord’s Address for Notices: 1351 South Federal (FL) Owner LLC c/o LivCor 233 South Walker Drive, Suite 4700 Chicago, IL 60606 Attention: Matthew Neufeld Phone: 312-466-3400 Landlord’s phone numbers are provided for informational purposes only and notices shall not be delivered via phone. Landlord’s Rent Payment Address: The address set forth below or such other address established by Landlord by the delivery of written notice thereof to Tenant. Make Checks Payable to 1351 South Federal (FL) Owner LLC Via Mail and Overnight Delivery: c/o LivCor 233 South Walker Drive, Suite 4700 Chicago, IL 60606 Attention: Matthew Neufeld Online Tenant Portal: Following the Effective Date, Landlord will send Tenant an invitation to participate in Landlord’s on- line payment and Gross Sales reporting system (currently Versapay). So long as there are no additional fees or surcharges associated with using Landlord’s online payment system, Tenant agrees to participate in such system, or a replacement system chosen by Landlord, for purposes of making Rent payments and reporting Gross Sales. In the event any such system is discontinued by Landlord (and not replaced) or if Tenant is unable to use such system due to technical failure or other reason, Tenant shall use one of the above methods of payment. Tenant’s Name and Billing/ Notice Address: GGSS Delray LLC c/o Republic Registered Agent LLC 476 Riverside Avenue, Suite 4 Jacksonville, FL 32202 Telephone: 941-400-4931 Email: sarah.smith@goglow.co with a copy to: GGSS Delray LLC Attn.: Sarah Smith 20 NE 16th Court Delray Beach, FL 33444 Telephone: 941-400-4931 Email: sarah.smith@goglow.co Docusign Envelope ID: D8CA9B9E-782B-4A75-BC47-95B7B595BE12Docusign Envelope ID: 5ED44FC6-186D-4D96-BC67-909EE2CBA8B2 November 12 349 136422 2 Tenant’s Trade Name: goGLOW Guarantor: Sarah Smith 20 NE 16th Court Delray Beach, FL 33444 Telephone: 941-400-4931 Email: sarah.smith@goglow.co Permitted Use: Tenant shall use and operate the Premises solely for the purpose of operating a retail store offering tanning services, including UV-free spray tanning, and the retail sale of products customarily and ancillary to tanning services and for no other purpose. Exclusive: Subject to the rights of any existing tenants under leases in the Shopping Center as of the date of this Lease, and their successors and/or assigns, Landlord agrees that as long as Tenant is currently open for business and occupying the Premises and is not in default under this Lease, Landlord will not execute any lease for space within the Shopping Center with a tenant who provides tanning services, including UV-free spray tanning, as its primary business, where “primary business” means 25% or more of a tenant’s gross sales are derived from providing tanning services (“Exclusive Use”). Should Tenant’s Exclusive Use provision be violated, Tenant shall provide Landlord with written notice of the same. Landlord shall have ninety (90) days following such notice to remove the violation from the Shopping Center (the violating party being the “Competing Party”). Should the Competing Party continue to violate this Section beyond such ninety (90) day period, then beginning on the ninety-first (91st) day Tenant shall have the right to pay Minimum Annual Rent at a rate equal to fifty percent (50%) of the Minimum Annual Rent set forth above (“Alternate Rent”) in lieu of the Minimum Annual Rent applicable under this Lease. Tenant shall continue to pay 100% of Additional Rent. Should this section continue to be violated for a period of nine (9) months following Tenant’s initial notice to Landlord, Tenant shall have the right, but not the obligation, to terminate this Lease after the end of the 9-month period by notice given to Landlord within 30 days after the end of such 9-month period, so long as the Competing Party is operating in violation of this Section, provided, however, that if Tenant fails to terminate by notice at the end of such 9- month period, Alternate Rent shall no longer apply and the Minimum Annual Rent payable thereafter shall be in accordance with this Lease and Tenant shall have no further right to terminate as a result of the acts of such Competing Party. The remedies set forth herein are Tenant’s sole and exclusive remedies and Tenant waives any other available remedies. Notwithstanding the foregoing, in the event of a violation of this Exclusive Use provision due to a rogue tenant, acting in violation of the terms of its lease and not due to a violation of this Lease by Landlord (a “Rogue Tenant Violation”), after receipt of notice thereof from Tenant, Landlord shall immediately proceed diligently and in good faith to pursue the enforcement of Tenant’s exclusive rights (including filing suit) and cause such Rogue Tenant Violation to be cured. Should the Rogue Tenant Violation continue for more than 180 days, then beginning on the 181st day, Tenant shall have the right to pay Minimum Annual Rent at a rate equal to seventy-five percent (75%) of the Minimum Annual Rent set forth above in lieu of the Minimum Annual Rent applicable under this Lease until the earlier of (a) six (6) months after the end of such 180-day period and (b) the removal of the Rogue Tenant Violation. Tenant shall continue to pay 100% of Additional Rent. Lease Term: The Lease Term of ten (10) Lease Years (hereinafter defined) beginning on the Commencement Date, and any renewal or extension thereof. Commencement Date: The Commencement Date of the Lease Term shall be the earlier of (i) two hundred seventy (270) days after the Effective Date, (ii) one hundred twenty (120) days after Tenant obtains the Permits (as hereafter defined), or (iii) the date upon which Tenant opens for business at the Premises. Possession Date: The date Landlord makes the Premises available to Tenant. Tenant shall take possession of the Premises on the Possession Date. In the event Tenant has not provided the insurance, Security Deposit and/or Rent Deposit required by this Lease, Landlord will not deliver keys to the Premises to Tenant, but the Possession Date will nonetheless be deemed to have occurred. Expiration Date: The last day of the final calendar month of the Lease Term, unless sooner terminated or otherwise extended pursuant to the terms of this Lease. Option to Renew: Provided that Tenant is open and operating a business at the Premises in compliance with the Permitted Use, has not assigned or sublet the Premises (other than an assignment to another goGlow franchisee or the goGlow franchisor in accordance the assignment provisions of this Lease), and Tenant is not in default under this Lease beyond the expiration of any applicable notice and cure period, Tenant shall have the right and option to extend the Lease Term for one (1) additional period of five Lease Years (the “Option Term”) upon the same terms and conditions, except that (i) Minimum Annual Rent shall be the greater of (i) then then current prevailing market rate as determined as provided below, or (ii) the Minimum Annual Rent for the tenth (10th) Lease Year increased by three percent (3%), and in either case with three percent (3%) annual increases, and (ii) Tenant shall have no further option to extend the Lease Term beyond the Option Term provided for herein. Docusign Envelope ID: D8CA9B9E-782B-4A75-BC47-95B7B595BE12Docusign Envelope ID: 5ED44FC6-186D-4D96-BC67-909EE2CBA8B2 350 136422 3 Tenant shall exercise its right and option to extend the Lease Term by serving written notice upon Landlord, at least two-hundred ten (210) days prior to the expiration of the Lease Term, of its election to exercise said option as provided in Section 1.01 under Exercise of Option Term. In the event Tenant does not timely exercise its option for extension of the Lease Term as provided above, or is in default under this Lease at the time of such exercise and does not cure within the time to timely exercise its option for extension of the Lease Term as provided above, then Tenant shall have no right to the Option Term and Tenant shall be deemed to have waived any claim or right to invoke or exercise such election after the above prescribed time period. Time shall be of the essence with respect to Tenant’s exercise of said extension option. The Minimum Annual Rent payable during the Option Term shall be the current prevailing market rental value of the Premises as of the commencement of the Option Term, determined as follows: Within thirty (30) days after Tenant exercises its option to extend the Lease Term, Landlord and Tenant shall endeavor in good faith to agree upon the current prevailing market rental value of the Premises. If Landlord and Tenant are unable to agree within thirty (30) days thereafter, then each party shall, within ten (10) days, select a qualified MAI appraiser with at least five (5) years of experience in valuing comparable mixed use retail properties in the local market. The two appraisers shall attempt to agree upon the current prevailing market rental value of the Premises. If the two appraisers cannot agree upon the current prevailing market value of the Premises, they shall jointly select a third MAI appraiser with at least five (5) years of experience in valuing comparable mixed use retail properties in the local market. The three appraisers shall independently determine the prevailing market rental rate. Minimum Annual Rent: $4,646.25 per month during the first five (5) Lease Years, based on $45.00 per square foot, per annum. $4,785.64 per month during the sixth (6th) Lease Year, based on $46.35 per square foot, per annum. $4,929.21 per month during the seventh (7th) Lease Year, based on $47.74 per square foot, per annum. $5,077.08 per month during the eighth (8th) Lease Year, based on $49.17 per square foot, per annum. $5,229.40 per month during the ninth (9th) Lease Year, based on $50.65 per square foot, per annum. $5,386.28 per month during the tenth (10th) Lease Years, based on $52.17 per square foot per annum. Annual Rent Abatement: Provided Tenant is open for business in the Premises for the Permitted Use, and is not in default under this Lease beyond any applicable cure period, Minimum Annual Rent, but not any other charges due hereunder, shall be abated for the first three (3) months following the Commencement Date. If a default beyond any applicable cure period by Tenant occurs under this Lease, Tenant shall immediately owe to Landlord the unamortized portion of all Minimum Annual Rent abated hereunder (amortized on a straight-line basis over the initial Term). Sales Tax on Rent: If applicable. Estimate of Real Estate Taxes: $4.60 per square foot, per annum Estimate of Operating Costs: $5.36 per square foot, per annum Estimate of Insurance Charge: $2.57 per square foot, per annum Gross Sales Reporting Frequency: Upon Landlord’s request no more than four (4) times per calendar year. Landlord’s E-Mail Address for Sales Repor74ting: Bobbie.Sandrin@tscg.com Reference: goGLOW/One Boynton Tenant’s Sales Reports: Landlord requires that Tenant provide an e-mail address for requesting Tenant’s Gross Sales statements: Tenant’s e-mail address: ________________ Security Deposit: $11,879.95; which amount shall be paid via wire or ACH. Rent Deposit: $5,939.97; which amount shall be paid via wire or ACH. Construction Allowance: $50.00 per square foot of the Premises Tenant’s request for payment of the Construction Allowance must be delivered to Landlord at the following email address: Bobbie.Sandrin@tscg.com Landlord’s phone numbers are provided for informational purposes only and notices shall not be delivered via phone. Docusign Envelope ID: D8CA9B9E-782B-4A75-BC47-95B7B595BE12 sarah.smith@goglow.co Docusign Envelope ID: 5ED44FC6-186D-4D96-BC67-909EE2CBA8B2 351 136422 4 Brokers: On Behalf of Landlord: Jones Lang LaSalle Brokerage, Inc. On Behalf of Tenant: Morrow Hill, LLC Section 1.03. Defined Terms. Wherever used in this Lease, the following terms shall have the meanings provided for in this Section 1.02. Additional Insureds: 1351 South Federal (FL) Owner LLC, BREIT Operating Partnership L.P., and LivCor LLC. Additional Rent: In addition to Minimum Annual Rent and Percentage Rent, if any, all other payments to be made by Tenant to Landlord pursuant to the terms of this Lease. Additional Rent Commencement Date: The Commencement Date. Authority: All federal, state and local governmental or quasi-governmental authorities having jurisdiction over the Shopping Center (each an “Authority”, more than one being “Authorities”). Construction Criteria: The Landlord’s requirements governing the completion of Tenant’s Work (including, without limitation, public utility authority or commission) and any other work to the Premises to be completed by Tenant in accordance with the terms of this Le ase. Default Interest Rate: The lesser of: (i) eighteen percent (18%) per annum, or (ii) the highest lawful annual interest rate permitted under applicable Law. Electronic Copies: Any signatures to this Lease transmitted via e-mail in a “.pdf” format or via document execution computer system or program, such as DocuSign (”Electronic Execution System”). Excluded Items: The costs of Tenant’s movable fixtures and equipment, design and architectural fees, interior and exterior signage, inventory and all other costs customarily known as “soft costs”. Fiscal Year: The fiscal year for the Shopping Center established by Landlord from time to time. GLA: The gross leasable area of the Premises and/or other buildings within the Shopping Center, as applicable, which shall be me asured from the outside of exterior walls and from the center of interior walls. Landlord’s Work: None; Landlord shall deliver the Premises to Tenant in its current “as is” condition. Late Payment(s): Any payment not paid by its due date set forth in this Lease. Late Fee: The lesser of: (i) ten percent (10%) of the amount past due or (ii) the maximum late fee permitted under applicable Law. Law(s): Any reference in this Lease to “law”, compliance with “law”, or any variation thereof, shall mean all federal, state and local laws, rules, regulations, ordinances, codes, guidelines, judgments and orders and all requirements of any Authorities, in effect or hereaf ter amended, enacted or passed during the Lease Term, including, without limitation, the Americans with Disabilities Act. Lease Year: The twelve (12) consecutive calendar months commencing with the first day of the first full calendar month of the Lease Ter m, and thereafter with each succeeding anniversary thereof; provided, however, if the Commencement Date is other than the first day of a calendar month, then the first Lease Year shall include the partial month from the Commencement Date through the end of the month in which the Commencement Date occurs. Major Tenant: Any tenant using or occupying more than five thousand (5,000) square feet. Maximum Deductible/Retention Amount: Ten Thousand and 00/100 Dollars ($10,000.00). Radius Area: A two (2) mile radius from the outside boundary of the Shopping Center, which distance shall be measured in a straight line without reference to road mileage. Rent: The Minimum Annual Rent and Additional Rent. All Rent shall be pro-rated on a per diem basis for any partial month during the Lease Term. All Rent shall be paid to Landlord’s Rent payment address set forth in Section 1.01 or at such other place designated i n writing by Landlord. Tenant shall note any identifying information requested by Landlord on all checks delivered in payment of Rent. All Rent shall be paid without any deduction, abatement or setoff whatsoever. Tenant’s Records: A true and accurate copy of sales records which would normally be examined in an audit of Tenant’s sales and such sales records of any subtenants, assignees, concessionaires, licensees and any other occupant of the Premises. Tenant’s Share: The percentage used to determine Tenant’s pro rata share of the Real Estate Taxes, Operating Costs and Insurance Charge (collectively, “Triple Net Charges”), which is a fraction, the numerator of which is the number of square feet of leasable area within the Premises and the denominator of which is the number of square feet of leasable floor area within the Shopping Center, whether leased, vacant or occupied, subject to adjustment as provided herein. Tenant’s payment of Tenant’s Share of Triple Net Charges shall be paid in equal monthly installments simultaneously with the Minimum Annual Rent payable hereunder. The foregoing amounts shall be adjusted annually at the end of each Fiscal Year, which adjustment shall be based upon Landlord’s estimation of the then current Triple Net Charges and Tenant’s Share thereof. During the Lease Term, Tenant’s Share of Triple Net Charges shall not be less than the estimates set forth in Section 1.01. Within one hundred eighty (180) days after the appropriate taxing authorities notify Landlord of the Real Estate Taxes due fo r such Fiscal Year, or within one hundred eighty (180) days after the end of the Fiscal Year in the case of Operating Costs and Ins urance Charge, Landlord shall provide Tenant with a statement of the prior Fiscal Year’s Real Estate Taxes, Operating Costs, and Insurance Charge (each, a “Reconciliation Statement”),which shall include a statement of the total deposits Tenant made toward such Fiscal Year’s Tripl e Net Charges and the total share of the actual Triple Net Charges. There shall be an appropriate adjustment made between Landlord and Tenant based Docusign Envelope ID: D8CA9B9E-782B-4A75-BC47-95B7B595BE12Docusign Envelope ID: 5ED44FC6-186D-4D96-BC67-909EE2CBA8B2 352 136422 5 thereon. If such adjustment shows a balance due to Landlord, such balance shall be payable by Tenant within ten (10) days aft er delivery of any Reconciliation Statement; if such adjustment shows a balance due to Tenant, then Tenant shall have a credit agai nst the next payments of Minimum Annual Rent due Landlord in the amount of the balance due (or such shall be paid within thirty (30) days after its determination if after the Expiration Date), in either case after first deducting therefrom any due and outs tanding Rent then owed to Landlord. The foregoing shall survive the Expiration Date. At any time throughout the Lease Term, Landlord shall have the right to recalculate Landlo rd’s estimate of Triple Net Charges due from Tenant pursuant to the terms of this Lease, and Tenant’s Share of Triple Net Charges s hall be adjusted accordingly. Notwithstanding anything to the contrary contained herein, for the purposes of calculating Tenant’s Share of increases in Operating Costs, “Controlled Costs” (hereafter defined) will not exceed the “Maximum Controlled Costs” (hereafter defined). “Controlled Expenses” means all Operating Costs except those attributable to Real Estate Taxes, taxes and assessments, Insurance Charge, costs of utilities, weather-related costs, costs of compliance with Applicable Laws, and any other costs or expenses not within the reasonable control of Landlord. “Maximum Controlled Costs” shall mean: (a) for calendar year 2026, the full amount of the actual expenses for Controlled Costs as determined in accordance with the foregoing provisions; (b) for calendar year 2027 and each calendar year thereafter, the pri or calendar year’s Maximum Controlled Costs multiplied by 1.07. The limitations described above are a limitation only on the calculation and passthrough to Tenant of Tenant’s Share of Operating Costs and such limitation does not prohibit Landlord from spending amounts in excess thereof. Tenant’s Work: As defined in Exhibit B attached hereto. Unamortized Allowance: The Unamortized Allowance is calculated by amortizing the actual amount of the Construction Allowance disbursed by Landlord on straight-line basis over the Lease Term using a rate of five percent (5%), and the Unamortized Allowance shall be established as of the date of termination of this Lease. Unamortized Commissions: The Unamortized Commissions shall be calculated by amortizing the actual amount of the fees and commissions paid by Landlord to Broker(s) on a self-liquidating mortgage style basis over the Lease Term using a rate of five percent (5%), and the Unamortized Commissions shall be established as of the date of termination of this Lease. ARTICLE 2: PREMISES Section 2.01. Premises. Landlord hereby leases the Premises to Tenant, and Tenant hereby leases the Premises from Landlord, for the Lease Term, excepting and reserving to Landlord the roof, any space above the finished ceiling and below the finished floor o f the Premises, the exterior walls, and the land upon which the Premises is located. Section 2.02. Condition of the Premises. Tenant acknowledges that it is familiar with the Premises and there is no work of any sort to be performed by Landlord and no representation or warranty by Landlord as to the fitness of the Premises, or any equipment servicing the Premises, or as to any use permitted herein. Landlord and Tenant hereby agree to observe and comply with the provisions set f orth in Exhibit B attached hereto with respect to Tenant’s Work. Landlord and Tenant shall each comply with all Laws applicable to the completi on of their respective work obligations. Section 2.03. Surrender of the Premises. At the Expiration Date, Tenant shall quit and surrender exclusive possession of the Premises to Landlord, in “broom clean” condition and in the same condition as the Premises were in upon delivery of possession and completion of Tenant’s Work as approved by Landlord, reasonable wear and tear excepted, and shall surrender all keys for the Premises to the Shopping Center’s property manager and advise the property manager of the combination to all locks, safes and vaults. Any alterations, additions, improvements and fixtures paid for by Tenant or installed by Tenant upon the interior or exterior of the Premises (whether or not approved by Landlord), other than unattached moveable trade fixtures, decorations, Tenant’s signage and Tenant’s other personal property, shall become the property of Landlord on the Expiration Date. Tenant shall not leave any personal property in the Premises upon the Expiration Date, and all such personal property shall be removed by Tenant. At the Expiration Date, Tenant shall remove all of its exterior signs from the storefront, fascia and/or canopy and shall repair all damage caused by the initial installation and subsequent removal of such signage to like-new condition. Tenant’s obligation to observe or perform the covenants contained in this Section shall survive the Expiration Date. Section 2.04. Construction Allowance. As an inducement to the execution and delivery of this Lease and the performance by Tenant of all obligations hereunder, Landlord agrees to pay to Tenant, in consideration therefor, to be applied only toward the cost of the build-out of leasehold improvements (specifically excluding the costs of the Excluded Items) in an amount up to the Construction Allowance within thirty (30) days following the date that Tenant opens for business; provided however, that the following conditions are fully satisfied: (a) Tenant is not then in default of its obligations under this Lease beyond any applicable cure period; (b) Tenant’s Work has been completed in strict accordance with plans and specifications approved in writing by Landlord, which approval shall not be unreasonably withheld, conditioned, or delayed; (c) Tenant is open for business and has paid the Rent Deposit; (d) The Premises, including all installations therein, are free and clear of all liens, security interests, charges and encumbrances and there are no judgments, levies, attachments, liens or tax liens pending (or threatened) or in effect with respect to Tenant and/or the Premises; (e) Tenant submits the following completed documentation to the project manager designated by Landlord at the address set forth in Section 1.01 within ninety (90) days following the completion of Tenant’s Work. Tenant shall supply either originals or recordable counterparts of the following documents: (i) a Tenant Affidavit in the form attached hereto as Exhibit C; (ii) Tenant’s General Contractor’s Application for Payment and Lien Waiver; (iii) Tenant’s Subcontractors’/Materialmen’s Lien Waiver (to be submitted for each a nd every subcontractor with aggregate requisitions in excess of $3,000); (iv) Final Certificate of Occupancy; (v) any necessary approvals for Tenant’s lawful operation for its Permitted Use (e.g. liquor license, health certificate, etc.); (vi) proof reasonably satisfactory to Landlord of the cost to Tenant of the build-out of leasehold improvements (specifically excluding the costs of the Excluded Items); (vii) Tenant’s Form W -9; (viii) Affidavit of Tenant’s General Contractor listing all subcontractors and material suppliers and amounts owed to each; (ix) copy of Tenant’s insurance certificates required by the terms of this Lease; and (x) “as-built” drawings of Tenant’s Work (or, in lieu thereof, the approved Plans marked “final” with such notations as are required to render such plans as accurate representation of the built -out Premises as would be shown in “as-built” plans). If Tenant owes any monies to Landlord under this Lease when Landlord is obligated to pay the Construction Allowance to Tenant , then Landlord may deduct those monies owed to Landlord by Tenant from the Construction Allowance. If Tenant has not satisfied all conditions for payment of the Construction Allowance within nine (9) months after the Commencement Date then, as of such day, Tenant waives any and all rights to the payment of the Construction Allowance, notwithstanding anything contained in this Lease to the contrary. Docusign Envelope ID: D8CA9B9E-782B-4A75-BC47-95B7B595BE12Docusign Envelope ID: 5ED44FC6-186D-4D96-BC67-909EE2CBA8B2 353 136422 6 ARTICLE 3: LEASE TERM Section 3.01. Lease Term. The Lease Term shall commence on the Commencement Date and shall expire at 11:59 P.M. on the Expiration Date, unless sooner terminated pursuant to the provisions hereof. Tenant’s obligation to pay (i) Minimum Annual Rent shall commence on the Commencement Date, and (ii) Additional Rent and all other components of Rent shall commence on the Additional Rent Commencement Date. Although Rent does not commence until the applicable date(s) identified in this Section, the parties hereby acknowledge and agree that all other rights and obligations of the parties commence as of the Effective Date. Landlord shall not under any circumstances be subject to any liability whatsoever to Tenant, and Tenant shall not under any circumstances be entitled to rescind or terminate this Lease, for any delay in Landlord’s delivery of the Premises to Tenant. Within ten (10) days after Landlord’s written request (which may be delivered by email), Tenant shall execute and return to Landlord the Acknowledgement of Commencement Date attached hereto as Exhibit D. Section 3.02. Holding Over. Tenant shall not have the right to remain in possession of the Premises after the Expiration Date. If Tenant remains in possession of the Premises thereafter, such possession shall be a default under this Lease and Tenant shall be deemed a holdover tenant on the following terms and conditions: Tenant’s holdover Rent shall be equal to 200% of the Minimum Annual Rent due during the final month of the Lease Term, plus all Additional Rent due in accordance with the terms of the Lease calculated on a per diem basis; Tenant shall be fully obligated to perform all Tenant obligations contained in this Lease; Landlord shall not be obligated or liable to Tenant for any failure to perform under the Lease; any co-tenancy rights, exclusive use rights and/or use restrictions applicable to Landlord’s leasing of premises in the Shopping Center shall not apply; and Tenant shall not be deemed a “month-to-month” tenant and shall be considered a tenant at sufferance. If Tenant has remained in possession of the Premises after the Expiration Date, Tenant shall vacate and surrender the Premises to Landlord within three (3) days after written notice to Tenant. The provisions of this Section shall survive the Expiration Date. ARTICLE 4: RENT Section 4.01. Minimum Annual Rent. Tenant hereby covenants and agrees to pay to Landlord the Minimum Annual Rent, without any prior demand therefor and without any offset, abatement or deduction whatsoever, in equal monthly installments on or before the first day of each month during the Lease Term, in advance. The Rent Deposit, if any, is due and payable simultaneously with Tenant’s execution of this Lease (which payment shall be made via wire or ACH) and will be credited to the first full monthly installment of Rent coming due under this Lease, where such installment of Rent is not abated. Section 4.02. Gross Sales. “Gross Sales” means the dollar aggregate of: (a) the price of all goods, wares and merchandise, and/or food and beverages, if applicable, sold, leased or rented, and the charges for all services performed, by Tenant from all business conducted on, in, at or from the Premises, whether made for cash, by check, on credit or otherwise, without reserve or deduction for inability or failure to collect for the same; (b) all monies or other things of value received by Tenant from its operations at the Premises which are neither included in nor excluded from Gross Sales by the other provisions of this definition; (c) all sales pursuant to mail, tel ephone, computer, internet or other electronic means, or other similar orders received, billed or shipped at or from the Premises; (d) as a result of transactions originati ng from whatever source, and which Tenant in the normal and customary course of its operations would credit or attribute to its business at the Premises, and (e) any of the foregoing made by any subtenant, licensee or concessionaire of Tenant or any other occupant of the Premises. Section 4.03. Tenant’s Reports. At Landlord’s written request, Tenant shall submit to Landlord’s notice address (as set forth in Article 1) or such other address as directed by Landlord in writing to Tenant, (i) a written statement signed by Tenant, and certified by it to be true and correct, showing the amount of Gross Sales for the preceding year showing monthly Gross Sales for such year. The statements referred to herein shall be in such form and style and contain such details and breakdown as Landlord may reasonably require. If Tenant f ails to provide any Gross Sales statement within fifteen (15) days of receipt of the written request, then Tenant shall incur a late fee in the amount of Two Hundred Fifty and 00/100 Dollars ($250.00) per month, per statement, until such statement is received by Landlord. Section 4.04. Radius. During the Lease Term neither Tenant, nor Tenant’s management, nor any person or entity controlled by Tenant, or controlling Tenant, or controlled by the same person or entity or persons or entities who control Tenant, or any officer or d irector of Tenant, shall directly or indirectly, own, operate, be employed in, direct or serve any other place of business, which is (i) the sam e, or similar to, or competitive with, Tenant’s business as set forth herein, (ii) within the Radius Area and (iii) not open and operating as of the date of this Lease. In the event that Tenant shall violate the provisions hereof, the Minimum Annual Rent shall automatically increase by twenty percent (20%). Section 4.05. Additional Rent. Additional Rent shall be due and payable within ten (10) days after demand is made therefor. Landlord shall have the same remedies for failure to pay Additional Rent as for a non-payment of Minimum Annual Rent. Tenant’s obligation to pay any and all Rent under this Lease, and Landlord’s and Tenant’s obligation to make the adjustments referred to in this Lease, shall survive the Expiration Date. Tenant shall have one hundred eighty (180) days from the receipt of any Reconciliation Statement from Landlord within which to object to such statement in whole o r in part, after which time Tenant shall be deemed to have waived any right to make any claims against Landlord for any errors not disputed within such one hundred eighty (180) day period. Additionally, with respect to all other Rent payments, Tenant shall be deemed to have waived the right to dispute any matter relating to Tenant’s obligation to pay such other Rent payments, unless Tenant provides written notice of any such dispute to Landlord within one hundred eighty (180) days after the date Tenant receives Landlord’s billing statement setting forth the exact amount of such Rent charge. Section 4.06. Returned Check Fees, Late Payments and Default Interest. If any check from Tenant delivered in full or partial payment of any amounts due hereunder is not honored because of insufficient funds, uncollected funds, or any other reason, then Tenant s hall pay to Landlord an administrative charge of Fifty and 00/100 Dollars ($50.00) per dishonored check and, at Landlord’s option, all subsequent payments due from Tenant hereunder shall be made by certified check or money order. In the event of a Late Payment by Tenant, a Late Fee along with interest thereon at the Default Interest Rate shall become immediately due to Landlord, as liquid ated damages for Tenant’s failure to make timely payment and shall be Additional Rent payable together with the next installment of Minimum Annual Rent. Section 4.07. Trash Removal. (a) Unless included in Operating Costs, Tenant shall directly pay the cost of removal of garbage or refuse generated from the Premises, and if Landlord shall provide or designate a service for picking up refuse and garbage, then Tenant shall use s uch service at Tenant’s expense. If not provided by the designated waste removal service provider, Tenant is responsible, at Tenant’s sole cost and expense, for providing a trash dumpster for Tenant’s Premises, the size and location to be subject to Landlord’s approval. Landlord may also determine the time or times for collection of waste generated at the Premises. (b) Tenant shall comply with all Laws respecting the storage and removal of garbage and refuse. If Landlord supplies a common dumpster for use by Tenant and other tenants, Tenant shall use such dumpster only for the types of garbage and refuse authorized by Landlord (prohibiting, by way of example only, the disposal of Hazardous Materials in such dumpster). Docusign Envelope ID: D8CA9B9E-782B-4A75-BC47-95B7B595BE12Docusign Envelope ID: 5ED44FC6-186D-4D96-BC67-909EE2CBA8B2 354 136422 7 Section 4.08. Payment by Third Party. In no event shall Landlord’s acceptance of the payment of Rent from any party other than Tenant constitute a release of Tenant’s primary obligations under this Lease or Landlord’s acceptance of any other party as an assignee or sublessee of Tenant, regardless of the number of payments accepted by Landlord or the length of time that said party made such payments. Section 4.09. Security Deposit. Tenant shall deposit the Security Deposit with Landlord simultaneously with Tenant’s execution of this Lease (which payment shall be made via wire or ACH) as security for the full and faithful performance by Tenant of Tenant’s obligations under this Lease. If Tenant is in default hereunder, Landlord may use, apply or retain the whole or any part of the Security Deposit for the payment of (i) any Rent that is past due, (ii) any reasonable sum expended by Landlord on Tenant’s behalf in accordance with the provisions of this Lease, and (iii) any reasonable sum which Landlord may expend or be required to expend by reason of Tenant’s default, including any costs, damages or deficiency in the re-letting of the Premises as hereinafter provided. If the Security Deposit, or any part thereof, be appropriated and applied by Landlord pursuant to the terms hereof, Tenant shall, within seven (7) days of the sending by Landlord of a written demand, remit to Landlord as Additional Rent an amount sufficient to restore the Security Deposit to its original balance, and Tenant’s failure so to remit shall be an immediate monetary default without additional notice required. In the event that Tenant shall fully and faithfully comply with all of the provisions of this Lease and the following is in compliance with applicable Law, the Security Deposit, or any balance thereof, shall be returned to Tenant within thirty (30) days after the later of (i) the Expiration Date, (ii) the date upon which Tenant has vacated the Premises, and (iii) Tenant’s payment of Rent payable to Landlord, if any, after Landlord’s delivery to Tenant of a Reconciliation Statement for the Fiscal Year in which the Expiration Date occurs. In the event of a transfer of Landlord’s interest in the Premises, Landlord shall have the right to t ransfer the Security Deposit to the transferee thereof. In such event, Landlord shall be deemed released by Tenant from all lia bility for the return of such Security Deposit, and Tenant agrees to look solely to such transferee for the return of said Security Deposit. ARTICLE 5: REAL ESTATE TAXES Section 5.01. Real Estate Taxes. From and after the Additional Rent Commencement Date, Tenant shall pay, as Additional Rent, Tenant’s Share of Real Estate Taxes. (a) “Real Estate Taxes” shall mean all taxes, possessory interest taxes, government property lease excise taxes, personal property taxes, excise taxes, levies, license and permit fees, payments in lieu of taxes and assessments, both ad valorem and non-ad valorem, levied, assessed or imposed at any time by any Authorities, upon or against all or a portion of the land and/or buildings in the Shopping Center of which the Premises forms a part, including site impact fees, water drainage and/or solid waste disposal levies and assessments, if any, and any new tax in replacement of or in addition to Real Estate Taxes. (b) Subject to the terms set forth in the definition of Tenant’s Share, any Reconciliation Statement to be furnished by Landlord shall constitute a prima facie determination as between Landlord and Tenant of Real Estate Taxes for the periods represented thereby. (c) At any time throughout the Lease Term, Landlord shall have the right to recalculate the estimated Real Estate Taxes due from Tenant, which computations shall be an estimate based upon the most recent annual statements of Real Estate Taxes and Te nant’s Share of Real Estate Taxes shall be adjusted accordingly. Tenant’s obligation to pay any and all Additional Rent under t his Lease and Landlord’s and Tenant’s obligation to make the adjustments referred to in this subsection, shall survive the Expiration Date. Landlord may contest any and all Real Estate Taxes and/or Landlord may retain a tax consultant and/or legal counsel for the purpose of obtaining and maintaining the most reasonable attainable Real Estate Taxes upon the Shopping Center. All of the costs of contesting any tax es and all of the out-of-pockets fees and costs paid by Landlord for such services, including without limitation the costs of tax counsel, shall be included in Real Estate Taxes prior to the calculation of Tenant’s Share thereof and shall be Additional Rent; provided any reduction attained shall be deducted from Real Estate Taxes. Section 5.02. Taxes on Leasehold and Rentals. Tenant shall be responsible for, and shall pay before delinquency, all taxes assessed during, from and after the date of this Lease against any leasehold interest or improvements, decorations, alterations, fixtures and/or personal property of any kind owned by or placed in, upon or about the Premises by Tenant, whether such taxes are assessed against Lan dlord or Tenant. In addition, Tenant shall pay any and all taxes assessed by any Authorities with jurisdiction over the Pr emises, whether now in place or hereafter levied or assessed, that are applicable to rentals or any other payments or charges payable by Tenant to Landlor d specified in this Lease. Said tax payment shall be paid to Landlord with and when the applicable rental or charge is due. Said tax shall b e at the legally prevailing rate. Section 5.03. Personal Property Tax. Personal property tax is payable to the State of Florida based upon the value of the personal property located within the Premises. Tenant is required to annually file all personal property tax returns and/or forms to the applicable Authorities and shall promptly pay all required personal property taxes associated with the Premises when due. ARTICLE 6: COMMON AREAS Section 6.01. License. Notwithstanding anything to the contrary herein contained, the Common Areas are to be used and occupied under a revocable, non-exclusive license, and if any such license be revoked, or if the amount of such areas be diminished or their locations changed, Landlord shall not be subject to any liability, nor shall Tenant be entitled to any compensation or diminution or abatement o f Rent, nor shall such revocation or diminution of such areas be deemed a constructive or actual eviction. Section 6.02. Control of the Shopping Center and the Common Areas by Landlord. (f) All parking areas, sidewalks, access roads and facilities furnished, made available or maintained by Landlord in or near the Shopping Center, including employee parking areas, truck ways, driveways, loading docks and areas, delivery areas, multi-story parking facilities (if any), package pickup stations, elevators, escalators, pedestrian sidewalks, malls, courts and ramps, landscaped areas, ro ofs, retaining walls, stairways, bus stops, lighting facilities, sanitary systems, utility lines, water filtration and treatment facilities and the areas and improvements provided by Landlord for the general use in common of tenants and others in the Shopping Center and their customers (all herein called “Common Areas”) shall at all times be subject to the exclusive control and management of Landlord. (g) The purpose of the site plan attached hereto as Exhibit A is to show the approximate location of the Premises and is not to be deemed to be a warranty, representation or agreement on the part of Landlord that the Shopping Center will be exactly as d epicted thereon or that tenants depicted thereon (if any) are now in occupancy or will be in occupancy at any time during th e Lease Term. Landlord shall have the right from time to time to: change, add to or subtract from, include in or exclude from the GLA of the Shopping Center any bu ildings, separately assessed parcels, non-retail office space, separately maintained parcels, separately owned parcels and premises; change, add to or subtract from the sizes, locations, shapes and arrangements of parking areas, entrances, exits, parking aisle alignments and other Common A reas; retain revenue from income producing events in the Common Areas; install electric car charging stations for use by guests of the Shopping Center; reasonably designate areas of the Common Areas as limited Common Areas for the use by only some tenants and their agents, employees and/or customers and/or exclusive Common Areas for the use only by a specific tenant and its agents, employees and/or customers; reasonably restrict parking by Tenant’s officers, agents and employees, to designated areas; close all or any portion of said areas or facilities to such extent as may, in the opinion of Landlord’s counsel, be legally sufficient to prevent a dedication thereof or the accrual of any rights to any person or the public Docusign Envelope ID: D8CA9B9E-782B-4A75-BC47-95B7B595BE12Docusign Envelope ID: 5ED44FC6-186D-4D96-BC67-909EE2CBA8B2 355 136422 8 therein; and do and perform such other reasonably acts in and to said Common Areas as Landlord reasonably deems advisable for the use thereof by tenants and their customers. Landlord will operate and maintain the Common Areas in such a manner as Landlord, in its sole discretion, shall determine from time to time. Section 6.03. Operating Costs. From and after the Additional Rent Commencement Date, Tenant shall pay, as Additional Rent, to Landlord, an amount equal to Tenant’s Share of the “Operating Costs. “Operating Costs” shall mean and include all customary costs and expenses of every kind and nature as may be paid or incurred directly, or through an operating and easement agreement or other encumbrances upon the Shopping Center, in operating, owning, policing, managing, equipping, landscaping, lighting, repairing, renovating, modifying, replacing and maintaining the Shopping Center and Common Areas; plus an administrative fee in an amount equal to fifteen percent (15%) of the total Operating Costs. Landlord shall operate, manage, repair, and maintain the Common Areas of the Shopping Center in a manner reasonably consistent with comparable commercial retail properties in Palm Beach County. However, the following categories of costs shall not be included as Operating Costs: (a) capital expenditures (except for capital expenses for repairs and replacements, and capital improvements that are intended to reduce Operating Costs or are required to comply with applicable laws, which shall be amortized over their useful life or other reasonable period as determined by Landlord); (b) depreciation, debt service, ground rent, or mortgage costs; (c) leasing commissions and costs of marketing space in the Shopping Center; (d) costs of correcting defects in the initial construction of the Shopping Center or due to Landlord’s gross negligence, or Landlord’s violation of applicable law; or (e) costs reimbursed by insurance proceeds or paid directly by other tenants other than as an operating cost pass-through. Section 6.04. Security Officers. Notwithstanding anything contained in this Lease to the contrary, Tenant agrees and acknowledges that Landlord shall not be required to provide security officers for the Common Areas and/or otherwise provide security within such Common Areas, and if Landlord, in its sole discretion, elects to provide security officers or other security measures within the Common Are as, then Landlord may withdraw or change such services at any time at its sole discretion. Landlord does not represent, guarantee or assume responsibility that Tenant will be secure from any claims relating thereto, and Tenant hereby expressly waives and releases Landlord from any and all liability in connection therewith. Any and all costs of providing said security shall be included in Operating Costs. ARTICLE 7: USE OF THE PREMISES Section 7.01. Use of the Premises. Tenant covenants and agrees that it shall use and operate the Premises solely for the Permitted Use, only under Tenant’s Trade Name, and in full compliance with all applicable Laws, and for no other use or purpose, and that Te nant’s use of the Premises is in all events subject to the Lease terms and conditions; matters of public record; public or private restrictions affecting Landlord or the Shopping Center; any mortgages, ground leases or other agreements or restrictions of record; and all applicable govern mental rules and regulations. In no event may Tenant, or any party using or occupying the Premises by or through Tenant, use the Premises in violation of any restriction, prohibited use or exclusive applicable to the Shopping Center. Tenant acknowledges and agrees that it shall not violate the restrictions, prohibited uses and exclusives listed on Exhibit G. Section 7.02. Nuisance and/or Disturbance. Tenant shall not perform any acts or carry on any practice which may do or cause a nuisance or disturbance to other tenants and business invitees or the general public. If Landlord, in Landlord’s reasonable discretion, determines that Tenant’s business operation is or may be producing noise, vibrations and/or odors, then Tenant agrees upon written notice from Landlord to take such reasonable action as Landlord may require. In the event such countermeasures do not adequately resolve the nuisance or disturbance caused by Tenant’s business operation, Tenant, upon written notice from Landlord, shall immediately cease the activities causing the nuisance or disturbance. Section 7.03. Tenant’s Operation of Business. Subject to casualty, severe weather events and reasonable periods for repairs, Tenant shall continuously operate and keep open to the public one hundred percent (100%) of the Premises (excluding any reasonable portion thereof used by Tenant for storage or office purposes) during the entire Lease Term. Tenant shall keep its store adequately stocked, staffed and fixtured. Subject to nationally recognized holidays, Tenant will keep the Premises open for business during hours reasonably designated by Landlord, from time to time, as the Shopping Center’s hours of operation. For every day Tenant fails to do so, Landlord may collect twice the Minimum Rent as liquidated damages. Tenant shall not display any merchandise within or immediately n ext to the storefront windows of the Premises without obtaining Landlord’s prior written approval thereof. Notwithstanding the foregoing, Tenant shall not be deemed in default hereunder for temporarily ceasing operations for reasons beyond its control, for conducting remodels or repairs, or for other legitimate business purposes. Section 7.04. Rules and Regulations. Tenant agrees to abide by the rules and regulations of the Shopping Center created by Landlord. Landlord may, from time to time, amend or add to the rules and regulations for the use and care of the Premises, the building s of which the Premises are a part, and the Common Areas, and Tenant agrees to comply with such amendments or additions immediately upon receipt of notice thereof. Section 7.05. Quiet Enjoyment. Tenant, upon paying the Rent and performing all of the terms of this Lease on its part to be performed, shall peaceably and quietly enjoy the Premises subject, nevertheless, to the terms of this Lease and to any mortgage, ground lease or agreements to which this Lease is subordinated. Section 7.06. Environmental. (a) Tenant shall not permit or cause the presence of Hazardous Materials in, on or under the Premises or any other portion of the Shopping Center. Tenant shall defend, protect, indemnify and hold Landlord harmless from and against any and all claim s, causes of action, liabilities, damages, costs and expenses, including, without limitation, attorney fees, arising because of any allege d personal injury, property damage, death, nuisance, loss of business or otherwise, by Landlord, any employee of Landlord, or from and against any governmental act or enforcement, arising from or in any way connected with conditions existing or claimed to exist with respect to Hazardous Materials (as hereinafter defined) within the Shopping Center which are the result of Tenant's use, occupancy or operation of the Premises. As used herein the term “Hazardous Materials” shall be defined as any hazardous substance, contaminant, po llutant or hazardous release (as such terms are defined in any federal, state or local Law) and other said wastes. Tenant shall immediately notify Landlor d in writing of environmental concerns, liabilities or conditions of which Tenant is, or becomes, aware or which are raised by any private party or government agency with regard to Tenant’s business or the Premises. Tenant shall notify Landlord immediately of any Hazardous Materials released at or suspected to emanate from the Premises, whether it is released by Tenant or otherwise and shall immediately upon knowledge of a known or suspected release of any Hazardous Materials investigate and fully remediate all such substances in compliance with law and s ubject to Landlord’s prior review and approval of Tenant’s remediation measures. The obligations contained in this Section shall survive the Expiration Date. Docusign Envelope ID: D8CA9B9E-782B-4A75-BC47-95B7B595BE12Docusign Envelope ID: 5ED44FC6-186D-4D96-BC67-909EE2CBA8B2 356 136422 9 (b) Pursuant to the terms of the Declaration of Restrictive Covenant dated October 16, 2012 by Las Ventanas at Boynton Beach, Ltd. and the Florida Department of Environmental Protection, in no event shall Tenant use the groundwater under the Shopping Center. (c) Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed Federal and State Guidelines hav e been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department. ARTICLE 8: TENANT’S CONSTRUCTION Section 8.01. Tenant’s Work. Tenant agrees and acknowledges that Exhibit B attached hereto identifies Tenant’s obligations with respect to Tenant’s Work. Tenant further agrees that Tenant’s Work and any other alteration, modification, change or improvement to t he Premises to be completed by Tenant in accordance with the terms of this Lease shall be completed in compliance with the terms of Landlord’s Construction Criteria, a copy of which has been provided to Tenant prior to the date of this Lease and is expressly incorporated in this L ease by this reference. Section 8.02. Signs, Awnings and Canopies. Tenant shall not place or suffer to be placed or maintain any sign, awning or canopy in, upon or outside the Premises or in the Shopping Center, nor shall Tenant place in the display windows any sign, decoration, lettering or advertising matter of any kind, without first obtaining Landlord’s written approval and consent in each instance. Tenant shall maintain a ny such sign or other installation as may be approved in good condition and repair. Subject to governmental approvals and requirements and Landlord’s sign requirements and approvals, Tenant shall have the right to install its customary storefront sign as well as side and rear sig nage where applicable. Landlord shall allow Tenant to install signage on monument signs, if available. Tenant shall also be permitted to place “Coming Soon” and “Grand Opening” banners in the storefront of the Premises, as applicable, for a total of 12 weeks prior to and afte r opening. Section 8.03. Mechanic’s Lien. (a) Tenant shall not permit to be attached or recorded against the Premises, or any other portion of the Shopping Center, any lien, encumbrance or charge arising out of any work performed or materials furnished by any contractor, mechanic, laborer, or material supplier for or at the request of Tenant. If any lien or notice of lien on account of an alleged debt of Tenant or any notice of contract by a party engaged by Tenant or Tenant’s contractor to work on the Premises is filed against the Premises or any part of the Shopping Center, then Tenant shall, within ten (10) days after notice of the filing thereof, cause the same to be discharged of record, or, if Tenant fails to timely cause the removal or discharge of such lien, Landlord may remove such lien at Tenant’s sole cost and expense. Upon prior notice to Tenant, Landlord or Landlord’s representatives shall have the right to post upon the Premises notices of non -responsibility, or such other notices which Landlord may deem to be proper for the protection of Landlord’s interest in the Premises. (b) The interest of Landlord in the Premises shall not be subject in any way to any liens, including construction liens, for alterations or improvements made by or on behalf of Tenant. This exculpation is made with express reference to Section 713.10 , Florida Statutes. Tenant represents to Landlord that any alterations or improvements that might be made by Tenant to the Premises are not required to be made under the terms of this Lease and that any alterations or improvements which may be made by Tenant do not constitute the "pith of the lease" under applicable Florida case law. If any lien is filed against the Premises for work or materials claimed to have been furnished to Tenant, Tenant shall cause it to be discharged of record or properly transferred to a bond under Section 713.24, Florida Statutes, within ten (10) days after notice to Tenant. Further, Tenant shall indemnify, defend, and save Landlord harmless from and against any damage or loss, including reasonable attorneys’ fees, incurred by Landlord as a result of any liens or other claims arising out of or related to work performed in the Premises by or on behalf of Tenant. In order to effectuate the foregoing, Tenant agrees to execute and record a Memorandum of Lease in the form set forth as Exhibit I attached to and made a part of this Lease. Section 8.04. Storm Shutters. In the event Tenant modifies or alters the storefront, Tenant shall be required to either (a) install and maintain NOA approved hurricane glass and framing for all exterior windows and glass doors of the Premises, or (b) possess and maintai n at the Premises at all times during the Term aluminum storm and security shutters for all exterior windows and glass doors of the Premises (“Storm Shutters”). In the event Tenant replaces any glass of the Premises or installs Storm Shutters, Tenant shall perform the Tenan t Work in accordance with the standards set forth above in (a) above and/or or the construction criteria set forth in this Lease. Notwithstanding anything in this Lease to the contrary, Tenant shall indemnify and hold Landlord harmless with respect to all loss or damage that may occur to the Premises, the Shopping Center, or any adjacent property and improvements, or personal property contained therein, arising out of or resulting from Tenant’s failure to comply with the provisions of this paragraph. Tenant’s indemnification obligation in this Section sh all survive the termination or earlier expiration of this Lease. ARTICLE 9: MAINTENANCE OF BUILDING; ACCESS TO PREMISES Section 9.01. Repairs. (a) Tenant shall at all times, at its own expense, keep all portions of the Premises (including, without limitation, all exterior entrances, glass and show windows, doors and door frames) not required to be maintained or repaired by Landlord, in good orde r, first class condition and repair, regardless of whether such repairs or replacements are ordinary or extraordinary, foreseen or unforeseen. Tenant shall, at its own cost and expense: (i) comply with all applicable Laws affecting the Premises now or hereafter in force; (ii) comply with and execute all rules, requirements, and regulations of the Board of Fire Underwriters, Landlord’s insurance companies and other organizations establishing insurance rates; and (iii) not suffer, permit or commit any waste. When feasible, as determined in Tenant’s commercially reasonable judgment, Tenant shall use environmentally preferred cleaning and janitorial products (such as paper products and trash bags). Tenant shall not perform any acts or carry on any practices which may injure the building. Furthermore, Tenant, at its expense, shall maintain a preve ntative maintenance contract for the heating, ventilating and air conditioning systems servicing the Premises, which shall be subject to Landlord’s reasonable approval, which shall not be unreasonably withheld, delayed, or conditioned. Tenant shall provide Landlord with a copy of the preventative maintenance contract no later than thirty (30) days after the Commencement Date. (b) Landlord shall, subject to the other provisions of this Lease, maintain and repair the Common Areas and the structure of the Shopping Center in good condition and repair, including the foundations, exterior weather walls, slab, roof, bearing walls and structural columns and structural beams of the Shopping Center; provided, however, if Landlord is required to maintain or repair any Common Areas or any structural portions or any other portion of the Premises or the Shopping Center by reason of the negligent acts or omissions of Tenant, its employees, agents, invitees, contractors, suppliers, licensees, concessionaires, assignees or subtenants, then Tenan t shall pay on demand as Additional Rent, Landlord’s costs for making such maintenance or repairs, together with an administrative fee of fifteen p ercent (15%) of such costs. (c) Section 9.02. Access to Premises. Subject to Landlord providing Tenant reasonable advanced notice (except in the event of an emergency), Landlord shall have the right to enter the Premises at all reasonable times to inspect or to exhibit the same and to Docusign Envelope ID: D8CA9B9E-782B-4A75-BC47-95B7B595BE12Docusign Envelope ID: 5ED44FC6-186D-4D96-BC67-909EE2CBA8B2 357 136422 10 make such repairs, additions, alterations or improvements as Landlord may deem necessary or desirable, and to take all necessary materials upon or through the Premises; however, such additions, alterations or improvements to the Premises shall not, without Tenant’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed, materially or adversely affect (i) Tenant’s ability to conduct its business for the Permitted Use, or (ii) the size, visibility or access to the Premises. Landlord shall use commercially reasonable efforts to minimize disruption to Tenant's business during the performance of the foregoing except in the event of an emergency. The Rents reserved herein shall in no way abate while said work is in progress and Tenant shall have no claim for damages. During the 210-day period prior to the expiration of the Lease Term, Landlord may place upon the Premises “for lease”, or “for sale” signs, or other similar signs, which Tenant shall permit to remain thereon. Landlord shall have the exclusive right to use all or any part of the roof and exterior side walls of the Premises for any purpose that does not unreasonably interfere Tenant’s ability to operate its business in the Premises for the Permitted Use. If the Premises contain means of access to the roof or basement, then subject to Landlord providing Tenant reasonable advance notice (except in the event of an emergency when no notice shall be required), Landlord shall have the right to enter the Premises at all times to gain access to said roof or basement to inspect same and to make such repairs, additions, alterations or improvements as Landlord may deem desirable. In no event shall Tenant have the right to access the roof without obtaining Landlord’s prior written approval thereof. ARTICLE 10: UTILITIES Section 10.01. Utilities. (a) Tenant shall be solely responsible for contracting directly with all utility providers and promptly paying all charges for utilities for the Premises commencing from the Possession Date; provided, however, if any utility is sub-metered, then Tenant shall pay the applicable utility charge directly to Landlord. Tenant shall also pay to Landlord any charges incurred by Landlord for meter or sub-meter readings for the Premises after the Possession Date, and Tenant, at its sole cost and expense, shall be responsible for having all utilities transferred into Tenant’s name as of the Possession Date. If Landlord elects to supply or to designate a supplier of the water, gas, heat, electricity, trash removal or any other utility used or consumed in the Premises, then Tenant agrees to purchase and pay for its share of the same as Additional Rent at the then applicable rates charged by local suppliers to similar users. (b) As of the Effective Date, the Shopping Center and the Premises are receiving utility service from one or more suppliers. Landlord shall have the right at any time, and from time to time, during the Lease Term to either contract for service from different companies providing utility service or continue to contract for service from the utility service provider(s) existing as of the Effecti ve Date. Tenant shall cooperate with Landlord, the existing utility service provider(s), and any alternate service provid er selected by Landlord, at all times and shall allow Landlord and any such utility service provider, to access the utility lines, feeders, risers, wiring, and any other equ ipment or machinery within the Premises. In no event shall Landlord be liable for an interruption or failure in the supply of any utilities to the Premises or for the character of such service. Additionally, Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interference, disruption or defect in the supply or character of the elect ric energy furnished to the Premises, or if the quality or character of the utility supplied by any service provider is no longer available or suitable for Te nant’s requirements. No such change, failure, defect, unavailability or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of Rent, or relieve Tenant from any of its obligations under this Lease; provided, however, if there is an interruption in services that is caused by the gross negligence or willful misconduct of Landlord that renders the Premises untenantable for more than five (5) business days after notice from Tenant to Landlord, then Minimum Annual Rent shall abate commencing on the 6th business day and continuing until such services are restore to the extent necessary to render the Premises tenantable. ARTICLE 11: ASSIGNMENT; SUBLEASE Section 11.01. Assignment or Subletting. Notwithstanding any references to assignees, subtenants, concessionaires or other similar entities in this Lease, Tenant shall not (i) assign or otherwise transfer, mortgage or encumber this Lease or any of its rights hereunder, (ii) sublet the Premises or any part thereof, or permit the use of the Premises or any part thereof by any persons other than Tenant or its agents or (iii) permit the assignment or other transfer of this Lease, or any of Tenant’s rights hereunder, by operation of law or otherwise without obtaining the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall reimburse Landlord upon demand for Landlord’s reasonable costs and expenses incurred in reviewing such assignment, transfer or sublease, including reasonable attorney’s fees and other professional consultants. Notwithstanding the foregoing or anything to the contrary in this Lease, Tenant shall be permitted to assign this Lease or sublet the Premises, upon 30 days’ prior notice to Landlord but without Landlord's consent, to: (i) the franchisor of goGLOW franchises (“Franchisor”); or (ii) another franchisee of Franchisor who meets Franchisor’s requirements for operating as a goGLOW franchisee, which are as follows: Tangible net worth of not less than $2,000,000 and a credit score of not less than 725. No assignment or sublease shall release Tenant or any guarantor of Tenant’s obligations from all responsibilities and liabilities under the Lease. ARTICLE 12: RELOCATION Section 12.01. Relocation of the Premises. Landlord shall have the right, in its reasonable discretion, to relocate Tenant to other premises within the Shopping Center (“Substitute Premises”) that are comparable to the Premises. If Landlord elects to exercise the ri ght of relocation, then Landlord shall deliver written notice to Tenant identifying the location of the Substitute Premises, which notice shall be delivered t o Tenant at least 90 days prior to relocating Tenant to the Substitute Premises. Tenant shall relocate to the proposed new premises on the date designated by Landlord, which shall be at least 90 days after Landlord provides Tenant written notice of its intent to reloca te Tenant to the Substitute Premises. Landlord shall perform, at Landlord's sole expense, the build-out of the Substitute Premises to at least equivalent condition and functionality of the Premises prior to such relocation. Landlord shall, at its sole expense, relocate Tenant’s fixtures and exterior signage to the Substitute Premises With respect to Tenant’s movable furniture, movable equipment, or other movable items of p ersonal property, Tenant shall be responsible for relocating such items to the Substitute Premises but Landlord shall reimburse Tenant for its reasonable actual out-of-pocket moving expenses (if any) incurred in connection with moving such items to the Substitute Premises. all other moving and relocation costs with respect to the relocation to the Substitute Premises. Landlord shall provide at least sixty (60) days prior notice of the date it anticipates delivering the Substitute Premises to Tenant. Tenant shall not be required to cease business and vacate the Premises in order to relocate hereunder until a reasonable period (not to exceed ten [10] days) after delivery of the Substitute Premi ses to Tenant, in order to allow time for Tenant to relocate furniture, fixtures and equipment to the Substitute Premises and to open for business therein. Tenant agrees to use reasonable efforts to open for business in the new premises as quickly as is reasonably possible under the circumstances. ARTICLE 13: REIT Section 13.01. REIT. Tenant shall reasonably cooperate with Landlord so that the Rent under this Lease continues to qualify as "rents from real property" as defined in Section 856(d) of the Internal Revenue Code and related Treasury Regulations. Such cooperation includes amending this Lease as necessary provided there is no increase in Tenant’s financial obligations to Landlord. Docusign Envelope ID: D8CA9B9E-782B-4A75-BC47-95B7B595BE12Docusign Envelope ID: 5ED44FC6-186D-4D96-BC67-909EE2CBA8B2 358 136422 11 ARTICLE 14: NOTICES Section 14.01. Notices. Any notice by Tenant to Landlord, or Landlord to Tenant, must be served by certified mail, return receipt requested, postage prepaid, or by a nationally recognized overnight delivery service, addressed to Landlord or Tenant, as applicable, at the applicable address(es) set forth in Section 1.01, or to such other address as Landlord or Tenant may designate by written notice to the other party. If the holder of an outstanding mortgage on the Shopping Center has given Tenant written notice of its interest in this Lease, then Tenant shall not have any remedies against either Landlord or said holder of a mortgage, unless and until said holder has received written notice from Tenant of a default and a reasonable time to cure the default has passed. Any notice given in conformance with the above shall be deemed received when delivery thereof is received or refused. Notwithstanding the foregoing to the contrary, Landlord’s notice of the Possess ion Date may be sent to Tenant via electronic mail which shall be deemed proper delivery of same. ARTICLE 15: INDEMNITY; PROPERTY AND LIABILITY INSURANCE Section 15.01. Indemnity. From and after the Possession Date or such earlier date that Tenant or its agents, employees or contractors are permitted to access the Premises, Tenant shall indemnify, defend and hold harmless Landlord and its lender(s) from and against any suits, actions, damages, claims, judgments, costs, liabilities and expenses (“Claims”) in connection with loss of life, bodily or personal injury or property damage, or any other claim, arising from, or out of, any occurrence in, upon, at or from the Premises, or the occupancy or use by Tenant of the Premises, or any part thereof, or occasioned wholly, or in part, by any act or omission of Tenant, its agents, contractors, employees, servants, invitees, licensees or concessionaires, (including use of the sidewalks and Common Areas within the Shopping Center), or othe rwise in connection with Tenant’s Work and/or any breach of the terms of this Lease by Tenant or its agents, contractors, employees, servants, invitees, licensees or concessionaires; provided, however, Tenant’s indemnity, defense, and hold harmless obligations shall not extend to any Claims arising out of or relating to the gross negligence of Landlord, Tenant’s indemnification obligations shall not be limited by any Workers’ Compensation Act or similar statute. The provisions hereof shall survive termination of the Lease. From and after the Possession Date, Landlord shall indemnify, defend, and hold harmless Tenant from any Claims by third parties arising out of or relating to Landlord’s gross negligence or willful misconduct or breach of this Lease by Landlord. Section 15.02. Insurance. (a) Tenant shall maintain those insurance coverages as set forth in Exhibit E. (b) Landlord and the other Additional Insureds shall be named as an additional insured with tenant’s coverage applying on a primary and non-contributory basis under the policy providing the coverage as set forth above in this Section. Landlord shall have the right to reasonably update, modify or revise the designated Additional Insureds from time to time by delivering written notice thereof to Tenant. If Tenant fails to procure the required insurance, Landlord may, but shall not be required to, obtain the same for Tenant and Tenant shall reimburse Landlord, within ten (10) days of demand, for the reasonable cost thereof as Additional Rent. Landlord shall be a loss payee on Tenant’s property insurance in regard to the leasehold improvements. (c) All companies providing Tenant’s insurance shall have and maintain a minimum AM Best rating of A-VIII. Tenant may not self-insure any part of the required liability insurance coverages, nor may the total of Tenant’s deductibles and self -insurance retentions exceed the Maximum Deductible/Retention Amount without having first received Landlord’s written consent. (d) Tenant shall deliver to Landlord certificates of insurance for all insurance required to be maintained by Tenant in a form reasonably acceptable to Landlord, prior to any entry onto the Premises by Tenant or any employee, agent or contractor of Tenant. Upon request, Tenant shall also provide to Landlord a true, correct and complete copy of the actual insurance policy for all insurance required to be maintained by Tenant. Tenant shall, prior to expiration of any required coverage, furnish Landlord with certificates of renewal or “binders” thereof. Each policy shall expressly provide that such policies shall not be cancelable or otherwise subject to modification, except a fter thirty (30) days’ prior written notice to the parties named as Additional Insureds in this Lease. (e) From and after the Additional Rent Commencement Date, Tenant shall pay, as Additional Rent, to Landlord, an amount equal to Tenant’s Share of the “Insurance Charge”, which is defined as any and all reasonable costs and expenses of every kind and nature as may be paid or incurred by Landlord directly, or through an operating and easement agreement or other encumbrances upon the Shopping Center, in insuring the Shopping Center buildings, Common Areas and other improvements, plus an administrative fee in an amount equal to fifteen percent (15%) of the total of said Insurance Charge. (f) Landlord makes no representation or warranty to Tenant that the amount of insurance to be carried by Tenant under the terms of this Lease is adequate to fully protect Tenant’s interest. Section 15.03. Increase in Insurance Premiums. Notwithstanding anything contained in this Lease to the contrary, Tenant shall not knowingly stock, use or sell any article, or do anything in or about the Premises, which may be prohibited by Landlord’s insurance policies or any endorsements or forms attached thereto, or which will increase any insurance rates and premiums on the Premises, the building of which it is a part and/or any other buildings in the Shopping Center. Section 15.04. Waiver of Subrogation and Release. Landlord and Tenant hereby waive all rights to claims for damages as against the other and the other’s insurance companies, and Landlord’s and Tenant’s insurance policies shall contain provisions requiring that t he respective insurance companies waive all rights of subrogation as against Landlord and Tenant and as against the other’s insurance companies, which either party has, or which may arise hereafter, for: damage to the Premises or the Shopping Center; damage to real or persona l property located in the Shopping Center; loss of business; any loss for which either party may be reimbursed as a result of insurance coverage affecting any loss suffered by it; or any other loss caused by perils typically covered by fire and extended coverage, building contents, store contents and business interruption insurance coverages. Landlord and Tenant mutually agree that with respect to any loss which is covered by insurance then being carried by them respectively, or required to be carried, the one carrying or required to carry such insurance and suffering said loss hereby releases the other of and from any and all claims with respect to such loss to the extent of such insurance carried or required to be carried. Section 15.05. Notice to Landlord. Tenant shall give prompt written notice to Landlord, which shall in no event be more than twenty-four (24) hours after Tenant’s has knowledge or any case of fire or accidents in the Premises, or in the building of which the Premises is a part. ARTICLE 16: LIABILITY OF LANDLORD Section 16.01. Waiver of Liability. NOTWITHSTANDING ANYTHING CONTAINED IN THIS LEASE TO THE CONTRARY, TENANT AGREES THAT IT SHALL LOOK SOLELY TO THE EQUITY INTEREST OF LANDLORD IN THE SHOPPING CENTER, SUBJECT TO PRIOR RIGHTS OF ANY MORTGAGEE OR TRUSTEE OF THE SHOPPING CENTER, FOR THE COLLECTION OF ANY JUDGMENT (OR OTHER JUDICIAL PROCESS) REQUIRING THE PAYMENT OF MONEY BY LANDLORD IN THE EVENT OF ANY DEFAULT OR BREACH BY LANDLORD WITH RESPECT TO ANY OF THE TERMS OF THIS LEASE TO BE OBSERVED AND/OR PERFORMED BY LANDLORD Docusign Envelope ID: D8CA9B9E-782B-4A75-BC47-95B7B595BE12Docusign Envelope ID: 5ED44FC6-186D-4D96-BC67-909EE2CBA8B2 359 136422 12 AND NO OTHER ASSETS OF LANDLORD SHALL BE SUBJECT TO LEVY, EXECUTION OR OTHER PROCEDURES FOR THE SATISFACTION OF TENANT’S REMEDIES. IN THE EVENT LANDLORD TRANSFERS THIS LEASE, EXCEPT AS COLLATERAL SECURITY FOR A LOAN, UPON SUCH TRANSFER LANDLORD WILL BE RELEASED FROM ALL LIABILITY AND OBLIGATIONS HEREUNDER, TO THE EXTENT THAT THE TRANSFEREE ASSUMES THE OBLIGATIONS OF THIS LEASE. Section 16.02. Tenant’s Risk of Loss. Tenant shall store its property in and shall occupy the Premises and all other portions of the Shopping Center at its own risk and releases Landlord, to the full extent permitted by Law, from all claims of every kind resulting from loss of life, personal or bodily injury or property damage. Landlord shall not be responsible or liable to Tenant, or to those claiming by, through or under Tenant, for any loss or damage to either the person or property of Tenant or to Tenant’s merchandise, equipment, fixtures or other personal property or to Tenant’s business, arising from any cause. Section 16.03. Consent Clause. Unless Landlord’s consent or approval is required by the express terms of this Lease not to be unreasonably withheld, such consent or approval may be withheld or delayed by Landlord in its sole and arbitrary discretion. If in this Le ase it is provided that Landlord’s consent or approval as to any matter will not be unreasonably withheld, and it is established by a Court or other body having final jurisdiction that Landlord has been unreasonable, the sole effect of such finding shall be that Landlord shall be deemed to have consented to or approved the matter for which its consent or approval was requested. Section 16.04. Successors. All rights and liabilities herein given to, or imposed upon, the respective parties hereto shall extend to and bind the respective heirs, executors, administrators, successors and assigns of the said parties. No rights, however, shall inure to the benefit of any assignee of Tenant unless the assignee is a permitted assignee in accordance Article 11 hereof or the assignment to such assignee has been approved by Landlord in writing as provided in Article 11 hereof. Notwithstanding the foregoing, in the event Landlord o r any successor owner shall convey or otherwise dispose of the Premises, all liabilities and obligations on the part of Landlord or successor owner under this Lease arising or accruing after such conveyance shall cease and terminate and thereupon all such liabilities and obligations shall be binding upon the new owner. ARTICLE 17: DAMAGE CLAUSE Section 17.01. Destruction. If the Premises is damaged by any casualty, then Landlord shall elect to either repair/restore the same to substantially the same condition as the Premises were on the Possession Date, or terminate this Lease by notice to Tenant giv en within one hundred eighty (180) days after such casualty. If Landlord elects to repair/restore and completes such repair/restoration, then Tenant shall promptly complete any other work that may be necessary for Tenant to re-open and operate Tenant’s business upon the Premises. Rent shall be abated during any period that Tenant is unable to operate the Premises as a result of such casualty. Notwithstanding the foregoing or anything to the contrary in the Lease, if the Premises is rendered unusable for the Permitted Use, due to fire or other casua lty, for more than 270 consecutive days, Tenant may elect to terminate the Lease by providing written notice to Landlord. ARTICLE 18: CONDEMNATION Section 18.01. Condemnation. If the Premises shall be taken by eminent domain, then this Lease shall terminate as of the date title vests in the condemning authority. If only a portion of the Premises is taken, then Landlord shall elect to either terminate this Leas e effective as of the date title vests in the condemning authority, or restore the Premises to substantially the same condition as the Premises were in immediately prior to such condemnation, less the portion taken. Landlord shall receive the full amount of any award made in connection with any taking. Tenant shall cooperate with Landlord as may be necessary in executing any waivers necessary for Landlord to recover the award. ARTICLE 19: PRIORITY OF LEASE Section 19.01. Subordination and Attornment. This Lease, and Tenant's rights hereunder shall be subject and subordinate to the lien of any mortgages, ground leases or deeds of trust or other similar instruments that may now exist or may hereafter be placed upon the Shopping Center and all renewals, replacements, and extensions thereof without further notice or action on the part of Landlord or Tenant. Tenant shall execute and deliver to Landlord within fifteen (15) days from receipt of Landlord’s request such instruments (including but n ot limited to a Memorandum of Lease and/or a Subordination, Non-Disturbance and Attornment Agreement in recordable form) which may reasonably be required by Landlord's mortgagee, ground lessor or trustee to evidence such subordination. Section 19.02. Estoppel. Tenant shall, within ten (10) days after written request by Landlord, execute and deliver to Landlord a tenant estoppel certificate in a reasonable form required by a prospective purchaser of the Shopping Center or Landlord’s lender(s). Section 19.03. Recording. Tenant shall not record this Lease, or a memorandum thereof, without the prior written consent of Landlord. ARTICLE 20: DEFAULT AND LANDLORD’S REMEDIES Section 20.01. Default. Any one of the following shall be deemed to be an “Event of Default”: (a) Tenant shall be in default in the payment of any Rent and such default shall continue for a period of five (5) consecutive days. (b) With respect to a non-monetary violation of this Lease, failure of Tenant to cure the same within fifteen (15) days after Landlord has sent Tenant notice of such violation, unless a different time period is specified in this Lease. (c) The commencement of any proceedings in bankruptcy or insolvency, or an assignment for the benefit of creditors, involving Tenant or any guarantor of Tenant’s obligations. Notwithstanding anything to the contrary set forth in this Lease, if Tenant shall be in default of the same term, condition or requirement of this Lease, and if any such default shall be repeated more than two (2) times during the Lease Term, then, notwithstanding that such default shall have been cured within the period after notice, as provided above, any further similar default within the Lease Term shall be deemed to be an automatic Event of Default, Tenant shall not have any right to cure the same, and Landlord, without giving Tenant any notice and without affording Tenant any opportunity to cure such default, may exercise any rights or remedies available to La ndlord as set forth in this Lease, including, without limitation, the right to terminate this Lease. Section 20.02. Landlord’s Remedies. If an Event of Default occurs, in addition to any right Landlord may have at law or in equity including, without limitation, the right to seek injunctive relief or specific performance against Tenant, Landlord may: (a) Elect to re-enter or take possession of the Premises pursuant to legal proceedings or any notice provided for herein and may either terminate this Lease or, without terminating this Lease, (i) remove all persons and property from the Premises without being deemed guilty of trespass or becoming liable for any loss or damage which may be occasioned thereby and (ii) make such alterations a nd repairs as may be necessary in order to re-let the Premises for a term, rental rate and conditions as Landlord, in its sole discretion, may deem advisable. Upon re-letting, rentals received by Landlord from such re-letting shall be applied first to the payment of any indebtedness other than Minimum Docusign Envelope ID: D8CA9B9E-782B-4A75-BC47-95B7B595BE12Docusign Envelope ID: 5ED44FC6-186D-4D96-BC67-909EE2CBA8B2 360 136422 13 Annual Rent due hereunder from Tenant; second to the payment of any reasonable actual costs and expenses of such re-letting, including brokerage fees, reasonable attorneys’ fees and costs of alterations and repairs; third to the payment of the most current Minimum Annual Rent owed at that time; and the residual, if any, shall be held by Landlord and applied in payment of future Minimum Annual Rent as the same may become due and payable hereunder from Tenant. If such rentals received from such re-letting are less than that to be paid by Tenant, Tenant shall be liable for the deficiency to Landlord. Any such deficiency shall be calculated and due monthly. No such re -entry or taking possession of the Premises by Landlord shall be construed as an election on its part to terminate this Lease or to accept a surrender thereof. (b) Whether or not Landlord elects to re-enter or take possession of the Premises in accordance with subsection (a) above, Landlord may, at any time after the occurrence of an Event of Default, elect to terminate this Lease. Should Landlord elect t o terminate this Lease then, in addition to any other remedies Landlord may have available to it, Landlord may recover from Tenant all damages incurred by reason of such breach, including the cost of recovering the Premises and the worth at the time of such termination of the excess, if any, of the amount of Minimum Annual Rent, Additional Rent and all other charges reserved in this Lease, payable over the remainder of the stated Lease Term, over the then-reasonable rental value of the Premises, all of which amounts shall be immediately due and p ayable from Tenant to Landlord as if by terms of this Lease it were payable in advance. Landlord may immediately proceed to distrain, collect, or bring action for the worth of the whole Rent, as aforesaid, or any part thereof as aforesaid, as Rent being in arrears, or may enter judgment therefor in an amicable action in case of Rent in arrears, or may file a proof of claim in any bankruptcy or insolvency proceedings for such Rent, or Landlord may institute any other proceedings, whether similar to the foregoing or not to enforce payment thereof. In determining the Rent which would be payable by Tenant hereunder subsequent to an Event of Default, for each Lease Year of the unexpired Lease Term shall be equal to the average Percentage Rent paid by Tenant from the Commencement Date to the Event of Default, or during the preceding three (3) full Lease Years, whichever period is shorter. (c) Treat all or any part of the Rent reserved hereunder as immediately due and payable, it being understood that the method of monthly or other periodic payments provided for herein are for the convenience of Tenant and available to Tenant only if T enant is not in default under this Lease. (d) Cure such default for the account of Tenant (without waiving any claim for breach of this Lease); said right to cure shall include, without limitation, the right to pay or do any act which requires the expenditure of any sums of money by reason of the failure or neglect of Tenant to perform any of the provisions of this Lease, and in the event Landlord shall, at its election, pay such sums or do such acts requiring the expenditure of monies, Tenant agrees to pay Landlord, upon demand, all such sums and the sum so paid by Landlor d, plus fifteen percent (15%) thereof for overhead and supervision and interest thereon at the Default Interest Rate, shall be deemed Additional Rent and be payable as such. (e) In addition to all other amounts set forth above, Tenant shall promptly pay to Landlord the Unamortized Allowance and Unamortized Commissions. (f) Notwithstanding anything contained herein to the contrary, Landlord shall have no duty to mitigate the damages suffered by Landlord rising from an Event of Default by Tenant. Section 20.03. Redemption; Reinstatement. Tenant hereby expressly waives any and all rights of redemption granted by or under any present or future Laws in the event Tenant is evicted or dispossessed for any cause, or in the event Landlord obtains possess ion of the Premises. No receipt of monies by Landlord from or for the account of Tenant or from anyone in possession or occupancy of the Premises after the termination of this Lease or after the giving of any notice of termination shall reinstate, continue or extend the Lease Term or affect any notice given to Tenant prior to the receipt of such money. Section 20.04. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER OF THE PARTIES HERETO AGAINST THE OTHER. IN THE EVENT LANDLORD COMMENCES ANY PROCEEDINGS AGAINST TENANT HEREUNDER, TENANT WILL NOT INTERPOSE ANY COUNTERCLAIM OR CROSSCLAIM OF WHATEVER NATURE OR DESCRIPTION IN ANY SUCH PROCEEDINGS, EXCLUDING COMPULSORY COUNTERCLAIMS. Section 20.05. Accord and Satisfaction. No payment by Tenant or receipt by Landlord of a lesser amount than the Rent herein stipulated shall be deemed to be other than on account of the earliest Rent then unpaid, nor shall any endorsement or statement on any c heck or any letter accompanying any check or payment as Rent be deemed an accord and satisfaction. Section 20.06. No Waiver. The rights and remedies given to Landlord in this Lease are distinct, separate and cumulative remedies, and the exercise of any of them shall not be deemed to exclude Landlord’s right to exercise any or all of the others. The waiver by L andlord of any breach or of the strict and/or prompt performance of any term, covenant or condition herein contained, shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition herein contained o r of Landlord’s right to strictly enforce same in the future. No covenant, term or condition of this Lease shall be deemed to have been waived by Landlord unless such waiver be in writing by Landlord. Section 20.07. Legal Fees. If any legal fees are incurred by Landlord in enforcing the terms of this Lease, then Tenant shall be liable for such reasonable costs and the same shall be due and payable upon presentation of a bill therefor. ARTICLE 21: GREEN LEASE RIDER Section 21.01. Green Lease Rider. The provisions of Exhibit H (“Green Lease Rider”) attached hereto are incorporated into and made a part of this Lease. To the extent that the terms of the Green Lease Rider conflict with the other terms and conditions of the remainder of this Lease, including, without limitation, the Exhibits attached hereto, the terms of the Green Lease Rider shall govern and control. ARTICLE 22: MISCELLANEOUS PROVISIONS (a) The word Tenant shall be deemed and taken to mean each and every person or party mentioned as a tenant herein, be the same one or more; and if there shall be more than one tenant, (i) the liability of each shall be individual, joint and se veral, and (ii) any notice required or permitted by the terms of this Lease may be given by or to any one thereof and shall have the same force a nd effect as if given by or to all thereof. (b) The submission of this Lease for examination does not constitute a reservation of or option for the Premises. Tenant shall under no circumstances have any rights hereunder until execution and delivery hereof by Landlord. (c) This Lease and the exhibits, riders and/or addenda, if any attached, set forth the entire agreement between the parties. Any prior conversations or writings are merged herein and extinguished. No subsequent amendment to this Lease shall be bindin g upon Landlord or Tenant unless reduced to writing and signed by Landlord and Tenant. (d) Tenant acknowledges that, except as expressly set forth in this Lease, neither Landlord nor any broker, agent, employee or representative of Landlord has made any representation or warranty (nor is Tenant relying on any such representation or warranty) with Docusign Envelope ID: D8CA9B9E-782B-4A75-BC47-95B7B595BE12Docusign Envelope ID: 5ED44FC6-186D-4D96-BC67-909EE2CBA8B2 361 136422 14 respect to the condition of the Premises, Shopping Center (including without limitation availability of utilities or other services), or with respect to the suitability of the Premises or the Shopping Center for the use or improvement of the Premises or conduct of Tenant’s business in the Premises, except as expressly set forth in this Lease. Tenant hereby waives, releases and discharges any claim Tenant may hav e against Landlord with respect to the condition of the Premises, any defect in the Premises, either patent or latent, the ability or inability to use the Premises for any particular purpose, or any other state of facts which exists with respect to the Premises, except to the ext ent such claim arises from (i) a breach of Landlord’s obligations under this Lease, or (ii) Landlord’s fraud, willful misconduct, or intentional misrepresentation. (e) If any provision of this Lease or the application thereof to any person or circumstance shall to any extent be invalid, the remainder of this Lease or the application of such provision to persons or circumstances other than those as to which it is h eld invalid shall not be affected thereby and each provision of this Lease shall be valid and enforced to the fullest extent permitted by Law. (f) This Lease shall be construed and interpreted in accordance with the Laws of the state in which the Shopping Center is located. (g) The parties hereby agree that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Lease or any addenda or Exhibits hereto. Time is of th e essence with respect to the obligations of the parties hereto. (h) Landlord and Tenant represent and warrant that they have had no dealings, negotiations, or consultations with respect to the Premises, the Shopping Center or this transaction with any broker, except for the Broker(s), if any. Landlord shall be re sponsible for all fees and commissions due Broker(s), if any, pursuant to the terms of a separate agreement between Landlord and Broker(s). (i) Landlord shall be excused for the period of any delay in the performance of any obligations hereunder when prevented from doing so by a cause or causes beyond Landlord’s control. (j) Landlord and Tenant each certify that (i) it is not acting, directly or indirectly, for or on behalf of any person, group, entity or nation named by any Executive Order or the United States Treasury Department as a terrorist, “Specially Designated National and Blocked Person”, or 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; and (ii) it is not engaged in this transaction, directly or indirectly on behalf of, or instigating or facilitating this transaction, directly or indirectly on behalf of, any such person, group, entity or nation. (k) As an inducement to Landlord agreeing to this Lease, Guarantor shall simultaneously herewith execute an unconditional personal Guaranty, attached hereto as Exhibit F. If Guarantor becomes insolvent or files for Bankruptcy and/or can no longer perform its obligations under the Guaranty, then Tenant must deliver a creditworthy substitute guarantor, as reasonably determined by Lan dlord, and such substitute guarantor shall execute an unconditional personal guaranty, in substantially the same form as the Guaranty attached hereto as Exhibit F. (l) This Lease may be executed in multiple counterparts, each of which shall constitute an original and all of which taken together shall constitute one and same agreement binding upon the parties, notwithstanding that all the parties are not signatories to the same counterpart. Landlord and Tenant each agrees to be bound by Electronic Copies of this Lease. In the case of execution via an Electronic Execution System, this Lease shall not be deemed delivered to Tenant until the Electronic Execution System has cert ified the completion of the execution process (in the case of DocuSign, for example, by issuance of a Certificate of Completion) or delivery is ackno wledged by Landlord. (m) Tenant agrees that this Lease is confidential and Tenant shall not, without Landlord’s prior written consent, disclose to any third party the contents of this Lease or any information related to this Lease, including but not limited to (a) Rent -related information, and/or (b) the modification of any terms originally included, but subsequently modified, in this Lease. (n) Tenant acknowledges and agrees that it is intended that this Lease is a completely net lease to Landlord, except as expressly herein set forth to the contrary, and Tenant shall pay all charges, impositions, costs and expenses of every nature and kind relating to the Premises, except as expressly herein set forth to the contrary. (o) If Tenant is a corporation, partnership or limited liability company, the corporation, partnership or limited liability company represents, covenants and warrants to Landlord as of the date Tenant executes and delivers this Lease that the signatories signing on behalf of Tenant have the requisite authority to bind Tenant. (p) The following Exhibits are attached to this Lease and incorporated herein by reference: Exhibit A - Site Plan Exhibit B - Landlord’s Work and Tenant’s Work Exhibit C - Tenant’s Affidavit of Payment of Debts and Claims Exhibit D - Acknowledgement of Commencement Date Exhibit E - Insurance Requirements Exhibit F - Guaranty Exhibit G- Restrictions, Prohibited Uses and Exclusives Exhibit H- Green Lease Rider Exhibit I - Memorandum of Lease Exhibit J Franchisor Addendum Docusign Envelope ID: D8CA9B9E-782B-4A75-BC47-95B7B595BE12Docusign Envelope ID: 5ED44FC6-186D-4D96-BC67-909EE2CBA8B2 362 136422 15 Legal __________ Leasing ___________ IN WITNESS WHEREOF, the parties have respectively executed this Lease effective as of the day and year first above written. LANDLORD: 1351 SOUTH FEDERAL (FL) OWNER LLC, a Delaware limited liability company By: Name: _______________________________________ Title: Authorized Signatory TENANT: GGSS Delray LLC, a Florida Limited Liability Company By: Name: Sarah Smith Title: Authorized Signor Docusign Envelope ID: D8CA9B9E-782B-4A75-BC47-95B7B595BE12Docusign Envelope ID: 5ED44FC6-186D-4D96-BC67-909EE2CBA8B2 Kinsey Sale 363 136422 A-1 EXHIBIT A SITE PLAN This Site Plan is Not to Scale As more particularly provided for in the Lease, Landlord hereby reserves the right, at any time and from time to time without notice to Tenant, to alter or otherwise modify the locations and/or dimensions of all buildings, parking areas, service drives, entrances, exits and other facilities shown on this Exhibit A, provided such modifications do not materially adversely affect visibility of or access to the Premises; to place in the common areas of the Shopping Center landscaping, decorative items, and structures and areas for retail sales and promotional activities, and to construct, lease operate and maintain in the area shown on this Exhibit A and on contiguous land, as part of the Shopping Center, buildings, structures and other facilities not shown on this Exhibit A. Docusign Envelope ID: D8CA9B9E-782B-4A75-BC47-95B7B595BE12Docusign Envelope ID: 5ED44FC6-186D-4D96-BC67-909EE2CBA8B2 364 136422 B-2 EXHIBIT B LANDLORD’S WORK AND TENANT’S WORK Landlord’s Work: None; provided Landlord shall, at its sole cost and expense, deliver the Premises to Tenant on the Possession Date in broom clean condition, free from any hazardous substances that are in violation of applicable laws and with the exterior doors in good working order. Tenant acknowledges that (i) it is familiar with the Premises, (ii) Tenant or its representative has visited the Premises, or was given the opportunity to visit the Premises prior to the Effective Date, (iii) other than Landlord’s Work set forth above, there is no work to be performed by Landlord and no representation or warranty has been made by Landlord, its brokers, agents, employees, or representatives, as to the fitness of the Premises, or any equipment servicing or improvement within the Premises, for any use permitted herein, and (iv) it is taking possession of the Premises on the Possession Date in its “AS IS/WHERE IS” condition subject to Landlord delivering the Premises to Tenant in the condition set forth in the preceding paragraph. Tenant’s Work: Excluding Landlord’s Work, if any, any and all improvements to the Premises required for, or desired by, Tenant to use and operate its Permitted Use in the Premises, including, the improvements to, on or about the Premises to be constructed by Tenant, as identified on the plans and specifications for such improvements prepared by Tenant and approved by Landlord (such approval to not be unreasonably withheld, delayed, or conditioned) in accordance with the terms of this Exhibit. All fixtures installed by Tenant shall be new or completely reconditioned. Tenant shall commence Tenant’s Work promptly following (i) Landlord’s approval (not to be unreasonably withheld, delayed, or conditioned) of Tenant’s plans and specifications, (ii) the date possession of the Premises is made available to Tenant, and (iii) receipt by Tenant of all applicable permits and approvals required to commence Tenant’s Work, and shall diligently and continuously prosecute its work to completion so as to open for business no later than the Commencement Date. Tenant shall, without limitation, fully equip the Premises with all trade equipment, furniture, operating equipment, furnishings, fixtures and exterior signs and any other equipment necessa ry for the proper operation of Tenant’s business. Whenever Tenant is performing work within the Premises (not solely limited to Tenant’s Work), Tenant shall commence such work as soon as is practical and shall diligently prosecute such work to its completion as soon as is practical after its commencement. Tenant shall not do any construction work or alterations, nor shall Tenant install any equipment other than trade fixtures without first o btaining Landlord’s written approval and consent. Tenant shall present to Landlord plans and specifications for such work at the time approval is sought. Tenant shall, at its cost and expense, complete or cause the completion of Tenant’s Work on or before the Commencement Date in accordance with the plans and specifications which have been submitted to and approved in advance in writing by Landlord. All work performed by Tenant with respect to the Premises shall: (a) be commenced only after Tenant has delivered to Landlord evidence satisfactory to Landlord that it has obtained all required permits and licenses for all of Tenant’s Work or satisfied Landlord that such permits or licenses are not required; (b) be completed in accordance with the Construction Criteria; (c) be completed as expeditiously as reasonably possible; (d) be completed in such manner as will not interfere with work being done by Landlord upon the Premises or any other portion of the Shopping Center; (e) be completed in compliance with such reasonable rules and regulations as Landlord or its agents or contractors may make; (f) be carried out by competent workers under the supervision of one or more professional contractor(s) and designer(s), who shall be subject to prior written approval of Landlord (such approval not to be unreasonably conditioned, withheld, or delayed), and be subject to the reasonable supervision of Landlord or its agents or contractors; (g) be completed only by persons and/or entities that shall maintain harmonious labor relations; (h) be commenced only after Tenant has delivered to Landlord a certificate of general liability insurance from its general contractor (or from Tenant if it is acting as its own contractor); and (i) be completed at the risk of Tenant. OTHER PROVISIONS Performance of Tenant’s Work. The following provisions are in addition to, and do not waive the provisions of any general covenants between Tenant and Landlord as may be contained in the Lease: A. Before doing any item of Tenant’s Work, (i) Tenant shall secure and demonstrate to Landlord that it has secured all necessary permits and licenses which shall, without limitation, include all requisite building permits; Tenant to use its best efforts to secure the same promptly, including the use of an expediter; should Landlord’s signature be required on any such permits or licenses, Landlord shall not assume or be deemed to assume any liabilities, obligations or costs as a result thereof; (ii) Tenant shall deliver to Landlor d a certificate evidencing that it has obtained contractors’ general liability insurance naming all Additional Insured(s) as ad ditional named insureds, as well as workers’ compensation insurance and automobile liability insurance, all in accordance with the requirements; (iii) Tenant shall deliver to Landlord an itemized budget in respect of all Tenant’s Work, and (iv) Tenant will provide (or will cause its general contractor to provide) at its sole cost and expense, builders risk insurance for construction that covers special risk perils including earthquake, flood, fire, and theft of materials stored at or within 1,000 feet of the Premises. The builders risk insurance shall be on a completed value form including for all insurable hard and soft costs of construction. B. All work by Tenant within the Premises shall utilize new materials. Materials and workmanship shall be of a uniformly high quality and used and/or performed in accordance with the best standards of practice and shall not be in contravention of any governing codes or regulations and shall be subject to the approval of Landlord and/or its architect. C. Under no circumstances will Tenant, its employees, its contractors or its contractors’ employees enter onto any roof of the Shopping Center or make any opening in the roof without Landlord’s consent and approval. D. Tenant and its contractor(s) shall not impose a greater load on any concrete floor than the design live load of 100 pounds per square foot uniformly distributed. No unusual loads may be suspended from the underside of roof structure. E. Tenant shall maintain the Premises in a reasonably clean and orderly manner and shall be responsible for the cost of removing from the Shopping Center all excess materials, trash and cartons resulting from Tenant’s Work and stocking of the Premises. Tenant shall not perform any work that may cause undue noise or vibration to adjacent premises during the hours of 9:00 a.m. through 7:00 p.m. F. Tenant agrees that Tenant’s Work and any other alteration, modification, change or improvement to the Premises completed by Tenant shall not be done in a manner which would create a Conflict. A Conflict is any work stoppage, picketing, labor disruption Docusign Envelope ID: D8CA9B9E-782B-4A75-BC47-95B7B595BE12Docusign Envelope ID: 5ED44FC6-186D-4D96-BC67-909EE2CBA8B2 365 136422 B-3 or dispute or any interference with the business of Landlord or any tenant or occupant of the Shopping Center. Tenant shall immediately stop work or other activity if Landlord notifies Tenant that continuing such work or activity would cause a Conflict. Tenant shall indemnify, defend with legal counsel selected by Landlord and hold harmless Landlord from any loss, cost or liability suffered or incurred by Landlord as a result of Tenant’s violation of the provisions of this paragraph, except that Tenant’s indemnity, defense, and hold harmless obligation shall not extend to events caused by the gross negligence or willful misconduct of Landlord. Tenant’s violation of the terms hereof shall constitute a default hereunder and shall entitle Landlord to exercise any remedies that are available to Landlord at law, in equity or hereunder, including, without limitation, obtaining an injunction. Landlord may, in its sole discretion, require that Tenant use Landlord’s pre-approved contractors and/or sub-contractors for work that affects the roof or other structural portions of the Premises or any systems of the Shopping Center, at Tenant’s sole cost and expense. Tenant further agrees that Tenant’s Work and any other alteration, modification, change or improvement to the Premises to be completed by Tenant in accordance with the terms of this Lease shall be completed in compliance with the terms of Landlord’s Construction Criteria, as amended from time to time and in accordance with the Construction Criteria. G. Upon completion of Tenant’s Work, Tenant shall deliver the following to Landlord: (i) all applicable certificates of completion and occupancy; (ii) final Certificate of Occupancy for the Premises and all other licenses, permits and approvals required by Authorities to operate Tenant’s business; (iii) final as-built plans for the Premises; (iv) final notarized lien waivers from Tenant’s general contractor waiving any right to file a construction lien for unpaid work or services performed or materials supplied (Landlord reserves the right to request final lien waiver(s) from subcontractor(s) to Tenant’s general contractor; (v) affidavit from Tenant’s general contractor listing all subcontractors and all materialmen and suppliers for all work, labor and materials to Tenant’s general contractor and that they have been paid in full; and (vi) evidence that all permits obtained by Tenant have been closed out in accordance with the requirements of the local municipality. Exhaust and Odors A. Objectionable odors from the Premises shall, at Tenant’s expense, be exhausted in such a manner as precludes their escaping into the Common Areas or other rental areas, or short circuiting into any fresh air vents. Tenant specifically acknowledges and agrees that it shall be responsible for all costs, expenses or damages suffered or incurred by Landlord as a result of claims by oth er tenants of the Shopping Center relating to objectionable odors or exhaust emanating from the Premises during the completi on of Tenant’s Work. Landlord shall be entitled to require Tenant to suspend Tenant’s Work on twenty-four (24) hours’ prior written notice in the event that Tenant fails to comply with its obligations contained herein. B. Where Tenant requests a total exhaust rate greater than 200 CFM/bay, Tenant shall provide a make up air system in accordance with Landlord’s specifications, sized in the amount of the excess and shall waive the right to demand of Landlord the ambient design conditions specified in the design package provided to Tenant by Landlord, if any. C. Tenant’s air handling equipment may not under any circumstances draw air from any enclosed mall or exhaust into it. D. Garbage refrigeration equipment must be installed in the Premises by Tenant if perishable items are handled. Complete Drawings by Tenant. Tenant shall submit to Landlord for its approval (which shall not be unreasonably withheld, conditioned, or delayed) complete plans, drawings and specifications for the Premises (the “Plans”), to be prepared by qualified designers and conforming to each of good engineering practice, the outline drawings provided to Tenant by Landlord, if any, and the provisions of this Exhibit. S uch Plans shall show at least the following: STORE SUBMISSION REQUIREMENTS Tenant shall provide complete working plans and specifications in the following form: A. Floor plan to scale. B. Reflected ceiling plan to scale. C. Storefront and show window elevation and sections to scale. D. Storefront and show window details to scale. E. Interior elevations to scale. F. Interior finishing schedule. G. Sign shop drawings prior to fabrication and related lighting and equipment. H. Any other special facilities or installations that affect the building. I. Sprinkler and other fire protection devices, including the fire alarm system for the Premises. J. Plumbing plan to include single line diagram. K. Lighting plan and electrical plan to include single line diagram and under floor electric. L. Mechanical plan showing RTU location(s) and tonnage. M. Ductwork for connection to the air conditioning system, toilet exhaust system and any other ventilation system required by Tenant. N. Any necessary structural drawings to include rooftop support to be prepared by a licensed structural engineer. All Plans shall be submitted for approval upon the earliest of (i) thirty (30) days after execution of this Lease and (ii) fi fteen (15) days after written request by Landlord therefor. Any required revisions to the Plans shall be submitted within five (5) business days after Landlord’s disapproval and/or request for revisions. No Tenant’s Work may proceed prior to Landlord’s written approval, which will not b e unreasonably withheld nor unduly delayed. In the event that the completion of Landlord’s Work and/or Tenant’s Work is delayed as a result of the failure by Tenant to comply with its obligations contained herein, the Fixturing Period shall be reduced by the length of delay caused o r contributed to by Tenant. Tenant shall apply for all permits and licenses necessary for the performance of Tenant’s Work within seven (7) days after the later of (x) the date Landlord approves Tenant’s Plans and (y) the Possession Date. Tenant acknowledges that Landlord’s approval of Tenant’s Plans (i) does not eliminate the need for Tenant to obtain all necessary approvals and permits required from any public or governmental agency or authority having jurisdiction over the Shopping Cent er, and (ii) shall not be construed as a waiver of or the satisfaction of any laws, regulations, restrictions or requirements of record, c onformance thereto being solely Tenant’s responsibility. Tenant also acknowledges that Landlord has no liability to Tenant or any other person or entity as a result of Landlord’s approval of said Plans for any defects, omissions, inconsistencies or shortcomings contained in such Plans or t he work to be performed in accordance therewith. Docusign Envelope ID: D8CA9B9E-782B-4A75-BC47-95B7B595BE12Docusign Envelope ID: 5ED44FC6-186D-4D96-BC67-909EE2CBA8B2 366 136422 B-4 In the event that Tenant requests or requires that Landlord obtain material or equipment from a particular supplier and Landl ord is delayed in obtaining such material or equipment, then (i) any time periods affected by such delays, including any required delivery date, shall be likewise extended and (ii) Landlord shall have the right to substitute such material or equipment with substantially simil ar material and equipment in Landlord’s reasonable discretion. If any improvements made by Tenant are located outside of the Premises (including, without limitation, HVAC units and ductwork) in accordance with the approved Plans, Landlord reserves the right to require Tenant to relocate such equipment, at Tenant’s cost and expense, within a reasonable time after written request; provided that Landlord shall afford Tenant with commercially reasonable alternatives for the location of the same. TENANT SHALL SUBMIT TENANT’S PLANS FOR LANDLORD REVIEW AND APPROVAL, BOTH IN ELECTRONIC PDF FORMAT AND TWO (2) HARD COPIES, MINIMUM SIZE 18” X 24”. ALL MECHANICAL AND/OR STRUCTURAL DRAWINGS AND SPECIFICATIONS SHALL BE STAMPED BY AN ENGINEER DULY QUALIFIED AND LICENSED IN THE STATE IN WHICH THE SHOPPING CENTER IS LOCATED. ALL ELECTRICAL DRAWINGS AND SPECIFICATIONS (INCLUDING LIFE SAFETY AND FIRE SAFETY) SHALL BE STAMPED BY AN ELECTRICIAN DULY QUALIFIED AND LICENSED IN THE STATE IN WHICH THE SHOPPING CENTER IS LOCATED. ANY CHANGES TO THE PLANS THAT HAVE BEEN APPROVED BY LANDLORD SHALL BE STAMPED BY AN ARCHITECT OR ENGINEER DULY QUALIFIED AND LICENSED IN THE STATE IN WHICH THE SHOPPING CENTER IS LOCATED AND SHALL ALSO BE SUBJECT TO THE PRIOR WRITTEN APPROVAL OF LANDLORD. ANY INCREASE IN THE COST OF COMPLETING THE LANDLORD’S WORK (IF ANY) RESULTING FROM CHANGES REQUESTED BY TENANT SHALL BE FOR THE ACCOUNT OF TENANT AND LANDLORD SHALL BE REIMBURSED FOR SAME IMMEDIATELY UPON PRESENTATION OF AN INVOICE IN RESPECT THEREOF. Docusign Envelope ID: D8CA9B9E-782B-4A75-BC47-95B7B595BE12Docusign Envelope ID: 5ED44FC6-186D-4D96-BC67-909EE2CBA8B2 367 136422 C-1 EXHIBIT C TENANT’S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS TO: 1351 South Federal (FL) Owner LLC (“Landlord”) RE: Lease Agreement (“Lease”) dated , 2025 with respect to Premises known as Unit No. 1505 in One Boynton located in Boynton Beach, Florida (“Shopping Center”) The undersigned, Tenant under the captioned Lease, hereby certifies that the cost of all leasehold improvements (excluding all Excluded Items (as defined in the Lease) made by Tenant, at its expense, to the Premises is $ . The undersigned, Tenant under the captioned Lease, hereby certifies that, except as disclosed on a schedule attached hereto, the undersigned has paid in full or otherwise satisfied all obligations for all materials and equipment furnished, fo r all work, labor and services performed and for all known indebtedness and claims against the undersigned for damages arising in any manner, in connection with the construction, improvement, fixturing, equipping decorating and furnishing of the captioned Premises by or on behalf of the undersigned. The undersigned further certifies that, to the best of the undersigned’s knowledge and belief, attached hereto are releases or waivers of liens from every contractor, subcontractor, supplier of materials and equipment, and performers of labor or services, who have or may have liens against the Premises, the Shopping Center or other property of Landlord arising in any manner in connection with the construction, improvement, fixturing, equipping, decorating and furnishing of the Premises. The undersigned agrees that this affidavit may be relied upon by any investor or lender providing financing for, and by an insurer issuing title insurance with respect to the Shopping Center. EXECUTED on , 2025. TENANT: GGSS Delray LLC, a Florida limited liability company By: Name: __________________________________________ Title: ____________________________________________ Docusign Envelope ID: D8CA9B9E-782B-4A75-BC47-95B7B595BE12Docusign Envelope ID: 5ED44FC6-186D-4D96-BC67-909EE2CBA8B2 368 136422 D-1 EXHIBIT D ACKNOWLEDGEMENT OF COMMENCEMENT DATE THIS ACKNOWLEDGEMENT OF COMMENCEMENT DATE (“Acknowledgement”) is made as of (“Effective Date”), with reference to that certain Lease Agreement dated between 1351 SOUTH FEDERAL (FL) OWNER LLC, a Delaware limited liability company, as “Landlord”, and GGSS Delray LLC, a Florida limited liability company, as “Tenant” (hereinafter, the “Lease”). The undersigned hereby confirms the following: 1. The Possession Date (as defined in the Lease) occurred on . 2. In accordance with the provisions of the Lease, the Commencement Date is , 2025 and unless sooner terminated, the Lease Term expires on , ____________. 3. The agreed size of the Premises is one thousand two hundred twenty nine (1,229) square feet. 4. Pursuant to Article 1, Minimum Annual Rent during the Lease Term is as set forth below: DATES MINIMUM RENT PSF NNN ANNUAL RENT MONTHLY INSTALLMENTS 5. As required by the Lease, Tenant shall countersign and return this Acknowledgment within ten (10) days after the Effective Date. Tenant’s failure to countersign and return this Acknowledgment within said period shall be deemed to be Tenan t’s acceptance of the terms of this Acknowledgement. LANDLORD: 1351 SOUTH FEDERAL (FL) OWNER LLC, a Delaware limited liability company By: Name: Title: TENANT: GGSS Delray LLC, a Florida limited liability company By: Name: ______________________________________ Title: _______________________________________ Docusign Envelope ID: D8CA9B9E-782B-4A75-BC47-95B7B595BE12Docusign Envelope ID: 5ED44FC6-186D-4D96-BC67-909EE2CBA8B2 369 136422 E-1 EXHIBIT E INSURANCE REQUIREMENTS From and after the Possession Date or such earlier date that Tenant or its agents, employees or contractors are permitted to access the Premises, Tenant shall maintain, at its sole cost and expense: (1) Where appropriate, “Special Form” insurance coverage (or its then equivalent successor) which shall include fire, flood, earthquake and extended coverage insurance, in an amount adequate to cover one hundred percent (100%) of the cost of replacement of all interior leasehold improvements installed by or for the benefit of Tenant, furniture, fixtures, non-structural components of the walls and storefronts, equipment, including, without limitation, any HVAC, trash compactor or other equipment located outside of the Premises, but that exclusively service the Premises, inventory, decorations and improvements in the Premises in the event of a loss; (2) Comprehensive boiler and machinery insurance if applicable; (3) All inclusive “Commercial General Liability” insurance (or its then equivalent successor), written on an occurrence basis with the broadest and most comprehensive forms generally available providing coverage for bodily injury, property damage, per sonal and advertising injury, including associated defense costs, with coverage for at least One Million and 00/100 Dollars ($1,000,000 .00) Dollars per occurrence and Two Million and 00/100 Dollars ($2,000,000.00) Dollars in the aggregate; (4) An umbrella liability policy or excess liability policy having a limit of not less than Two Million and 00/100 Dollars ($2,000,000.00), which policy shall be in “following form” and shall provide that if the underlying aggregate is exhausted, the excess coverage will drop down as primary insurance. Such umbrella liability policy or excess liability policy shall include coverage for Additional Insureds; (5) Plate glass insurance covering all plate glass on the Premises at full replacement value or Tenant may self-insure the plate glass; (6) Business interruption insurance in such amounts as will reimburse Tenant for direct or indirect loss of earnings attributable to all perils insured against by Tenant hereunder for a period of 12 months; (7) Automobile liability insurance with a combined single limit for bodily injury and property damage of not less than One Million and 00/100 Dollars ($1,000,000.00) each occurrence with respect to Tenant’s owned, hired and non-owned vehicles; (8) Workers’ compensation and occupational disease or similar insurance affording statutory coverage and containing statutory limits in accordance with applicable law, and employer’s liability insurance with limits of not less than One Million and 00/100 Dollars ($1,000,000.00) per occurrence; and (9) If food and/or beverages are sold and/or consumed on the Premises, product liability coverage, including, without limitation liquor liability coverage, if applicable, and coverage for liability arising out of the consumption of food and/or alcoholic beverages on or obtained at the Premises of not less than One Million and 00/100 Dollars ($1,000,000.00) per occurrence for personal injury and death and property damage Docusign Envelope ID: D8CA9B9E-782B-4A75-BC47-95B7B595BE12Docusign Envelope ID: 5ED44FC6-186D-4D96-BC67-909EE2CBA8B2 370 136422 F-1 EXHIBIT F GUARANTY In order to induce 1351 SOUTH FEDERAL (FL) OWNER LLC, a Delaware limited liability company (“Landlord”) to execute the Lease Agreement between Landlord and GGSS Delray LLC, a Florida limited liability company, as Tenant, dated (the “Lease”), the undersigned (individually and collectively referenced herein as “Guarantor”) hereby execute(s) this Guaran ty (this “Guaranty”) in favor of Landlord, its successors and assigns, and agree(s) as follows: 1. Guarantor shall (i) promptly pay all Rent and any other amounts payable by Tenant under the Lease; (ii) promptly perform each and every obligation of Tenant under the Lease; and (iii) indemnify and protect Landlord from any and all losses, expenses, penalties, demands, suits or costs incurred by Landlord (including legal fees) if Tenant fails to pay the Rent or other amounts or t o perform any of Tenant’s obligations under the Lease. This is a guaranty of payment and performance and not merely of collection. 2. Even if there is an Early Termination (hereinafter defined), Guarantor shall remain obligated under this Guaranty as though the Early Termination had not occurred. An “Early Termination” means a disaffirmance, disclaimer, repudiation, rejection or termination of the Lease (as a result of court proceedings or otherwise), or a surrender of the Lease that Landlord did not accept in wr iting, which occurs prior to the originally specified expiration date of the Lease. If there is an Early Termination, Guarantor shall, at Landlord’s option, b ecome Landlord’s tenant on the terms of the Lease. 3. Guarantor’s guaranty, as set forth herein, is absolute and unconditional. Guarantor’s obligations under this Guaranty shall not be affected by: (a) any modifications to Tenant’s rights or obligations under the Lease; (b) the fact that Landlord waives or does not enforce any of the terms of the Lease; (c) any assignment or other transfer of the Lease by Tenant or by any trustee, receiver or liquidator; (d) any consent that Landlord gives to any assignment or other transfer of the Lease; (e) any waiver by Tenant of its rights under the Lease; (f) any additional security accepted by Landlord from Tenant; (g) the expiration of the Lease Term or any extension or renewal thereof; (h) the release or discharge of Tenant by Landlord or in any receivership, bankruptcy, winding -up or other creditors’ proceedings or by operation of law; or (i) lack of notice of any of the foregoing. Guarantor’s obligations shall not be affected by any repossession of the Premises by Landlord, except that if Landlord re-lets the Premises then the payments received by Landlord (after deducting all costs and expenses of repossessing and reletting the Premises) will be credited by Landlord against Guarantor’s obligations under this Guaranty. Landlord is not required to notify the Guarantor that Landlord has accepted this Guaranty or that Tenant has failed to perform any of its obligations under the Lease. Nevertheless, if Landlord wishes to send any notice to Guarantor, it will deliver it or mail it by prepaid certified mail or recognized ove rnight delivery service addressed to Guarantor at Guarantor’s address set forth below in this Guaranty. Any notice will be considered to have been given on the day it was delivered, or if mailed by U.S. mail, three (3) days after the date it was mailed, or if sent by recognized overnight delivery service, one (1) day after the date it was provided to such service. Guarantor may notify Landlord in writing of a substitute address for the above address. 4. If there is a default under the Lease, Landlord shall not be required to: (a) proceed against or pursue anything against Tenant first; (b) proceed against any security of Tenant held by Landlord; or (c) pursue any other remedy whatsoever. Guarantor is not a me re guarantor; the Guarantor is primarily responsible for Tenant’s obligations under the Lease. 5. Even though Landlord may have already taken action against Guarantor under this Guaranty because of a default under the Lease, and whether or not that action has succeeded or been completed, Landlord may take further action against Guarantor under this Agreement if there is any further default under the Lease. 6. No modification to this Guaranty shall be binding, unless signed by both Guarantor and Landlord. 7. If two or more parties are named as Guarantor, each party is jointly and severally responsible for the obligations of Guarantor. 8. Guarantor represents and warrants that: (a) No authorization, approval, consent or order of any court or other governmental body having jurisdiction over Guarantor is required on the part of Guarantor for the execution and delivery of this Guaranty; (b) This Guaranty constitutes a valid and legally binding agreement of Guarantor enforceable against Guarantor in accordance with its terms, except as the enforceability of this Guaranty may be limited by the effect of any applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general principles of equity; (c) There are no actions, suits or proceedings pending, or to the knowledge of Guarantor, threatened against or affecting Guarantor before any court, governmental agency or arbitrator, which may, in any one case or in the aggregate, materially adv ersely affect the financial conditions, operations, properties or business of Guarantor or the ability of Guarantor to perform its obligations under this Guaranty; and (d) The Guarantors have a direct and/or indirect financial interest in Tenant and will derive a material and substantial benefit from Landlord’s agreement to enter into the Lease with Tenant. 9. Until all obligations have been irrevocably paid and performed in full, Guarantor shall have no right of subrogation and Guar antor waives any right to enforce any remedy which it now has or may hereafter have against Tenant, and any benefit of and any right to participate in any security now or hereafter held by Landlord. 10. Guarantor hereby waives (a) notice of acceptance of this Guaranty; (b) presentment and demand; (c) any right to require that any action or proceeding be brought against Tenant or any other person, prior to any action against Guarantor under the terms hereof; and (d) any circumstance whatsoever or any act of Tenant or any existence of or reliance on any representation by Tenant that might otherwise constitute a legal or equitable defense available to, or a discharge of, the Guarantor. 11. All of the terms of this Guaranty shall apply to Guarantor and to his or her heirs, executors, administrators, personal legal representatives, or its successors and assigns, as the case may be, and may be enforced by Landlord, its successors and assig ns, and any holder of any mortgage or charge over all or any part of the lands on which the Premises are located. This Guaranty may be as signed by Landlord without restriction. Docusign Envelope ID: D8CA9B9E-782B-4A75-BC47-95B7B595BE12 11/10/2025 Docusign Envelope ID: 5ED44FC6-186D-4D96-BC67-909EE2CBA8B2 371 136422 F-2 12. Any term used herein without definition shall have the same meanings as set forth in the Lease. 13. This Guaranty shall be governed by the laws of the state in which the Shopping Center is located. The parties agree that the courts of such state shall have exclusive jurisdiction to determine any matters arising hereunder, and the parties do hereby irrevoc ably consent to the exclusive jurisdiction of such courts to hear and resolve any issue with respect to this Guaranty and th e interpretation thereof. 14. Guarantor shall execute and deliver to Landlord within five (5) days after receipt of any request, an estoppel statement or other certificate to the same extent as Tenant is required to deliver same to any existing, future or prospective mortgagee(s) or p urchaser(s) of the Shopping Center or Landlord pursuant to the provisions of the Lease. 15. The death or disability of any individual acting as Guarantor, or the dissolution of any entity acting as Guarantor, shall no t affect Guarantor’s obligations hereunder, and the heirs, executors, administrators, successors and assigns shall remain liable fo r Guarantor’s obligations hereunder. 16. If any term or provision of this Guaranty, or the application thereof to any person, entity or circumstance, shall, to any ex tent, be invalid or unenforceable, the remainder of this Guaranty, or the application of such term or provision to any person, entity or circumstance, other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Guaranty shall be valid and be enforced to the fullest extent permitted by law. 17. Intentionally Omitted. 18. Guarantor’s address, telephone number and email address are as follows: ADDRESS Mobile: ____________________ Mobile: ____________________ Email: ______________________________ Email : ______________________________ 19. This Guaranty may be executed in multiple counterparts, each of which shall constitute an original and all of which taken tog ether shall constitute one and same agreement binding upon Guarantor, notwithstanding that all the parties are not signatories to t he same counterpart. In order to facilitate the agreements contemplated hereby, the signature(s) to this Guaranty transmitted as Elec tronic Copies may be used in place of the original signature(s) on this Guaranty. Each Guarantor (i) intends to be bound by Electronic Copies of this Guaranty, (ii) is aware that Landlord is relying on the Electronic Copies, and (iii) hereby waives any defenses to the enforcement of t his Guaranty based upon the Electronic Copies. Promptly following the delivery of the Electronic Copies, Guarantor shall deliver to Landlord the original executed Guaranty. EXECUTED on to be effective the same day as the effective day of the Lease. GUARANTOR: EXHIBIT ONLY – NOT FOR SIGNATURE Sarah Smith, an individual Docusign Envelope ID: D8CA9B9E-782B-4A75-BC47-95B7B595BE12 9,414,004,931.00 11/10/2025 sarah.smith@goglow.co Docusign Envelope ID: 5ED44FC6-186D-4D96-BC67-909EE2CBA8B2 372 136422 G-1 EXHIBIT G RESTRICTIONS, PROHIBITED USES AND EXCLUSIVES Baciami Italian Restaurant Exclusive. Landlord will not execute any lease for space within the Shopping Center to any person or entity whose use thereof is an It alian- themed restaurant or a restaurant whose primary menu items are pizza, pasta and other Italian cuisine (the "Restricted Use"). The foregoing provision shall not be construed so as to prohibit Incidental Sales of such goods or services by other tenants of the Shoppin g Center; for the purpose of this provision, the term "Incidental Sales" means that, as to the items or services in question the annual revenues from sales of the same do not exceed 25% of the gross revenues of such other tenant derived from its premises. Common Grounds Coffee Exclusive. Landlord will not execute any lease for space within the Shopping Center to any person or entity whose use thereof is for t he operation of a coffee bar (the “Restricted Use”). Dentology, General and Cosmetic Dentistry Exclusive. Landlord will not lease space in the Shopping Center to a tenant or occupant whose primary use shall be the general practic e of dentistry (herein “Competing Tenant”). Kabuki Thai Sushi Tapas Exclusive. Landlord will not execute any lease for space within the Shopping Center to any tenant or occupant whose primary use is a Thai or Japanese restaurant (a “Restricted Use”). The foregoing shall not be construed so as to prohibit Incidental Sales of such cu isine by other tenants of the Shopping Center; for the purpose of this provision, the term “Incidental Sales” means that, as to the items in questions, the annual revenue from sales of the same do not exceed 25% of the gross revenues of such other tenant derived from its premises. Souvlaki Fast Exclusive. Landlord agrees that it will not enter into any other lease for space within the Retail Area which lease shall permit the operation of a Greek-restaurant with its principal business being the sale of Greek food (principal business being defined as deriving more than twenty five percent (25%) of its gross sale from said principal use. Sweetwater Bar and Grill Exclusive. Landlord agrees that it will not enter into any other leases for storefronts in the Retail Area, which lease shall permit as a principal business, the operation of a sports bar. For purposes hereof, a sports bar is a bar having more than four (4) televisions per 1,500 square feet, billiard tables, and which shows televised sporting events on multiple televisions. The UPS Store Exclusive. Landlord agrees that it will not enter into any other lease for space within the Retail Area, which lease shall permit the operation of a retail store offering the following services for sale to the general public: UPS, DHL, FedEx, Airbourne overnight delivery services, postal services, packaging and shipping services, mailbox rentals, fax for profit, and copy and printing services. Landlord agrees that it will not place or allow to be placed any express mail and/or express parcel drop boxes within the Retail Area. Tipsy Salon & Spa Exclusive. Landlord agrees that it will not enter into any other lease for storefronts in the Retail Area, which lease shall permit, as a principal business, the operation of a high-end, appointment only hair salon ("principal business" being defined as deriving mo re than twenty percent (20%) of its gross sales from men's or women's hair cutting, styling, coloring or other services offered by hair salons). Tsunami Subs Exclusive. Landlord agrees that it will enter into any other leases for storefronts in the Retail Area, which lease shall permit as a principal business the sale of submarine sandwiches (principal business being defined as deriving more than ten percent (10%) of its gross sales from said principal use). Docusign Envelope ID: D8CA9B9E-782B-4A75-BC47-95B7B595BE12Docusign Envelope ID: 5ED44FC6-186D-4D96-BC67-909EE2CBA8B2 373 136422 H-1 EXHIBIT H GREEN LEASE RIDER Whereas the parties share a fervent belief in and commitment to the benefits of environmental sustainability, including the p ositive impact of decreasing pollution and resource consumption, and ensuring cleaner air, water, and lands that contribute to heal thier and more resilient communities both today and far into the future. Whereas, as participants in the retail industry, the parties occupy a unique position to advance the interests of sustainabil ity for the benefit of our shoppers, employees, communities, and the planet. Whereas the parties recognize that governmental regulations may not adequately address the sustainability potential of the re tail industry, and that the energies and creativity of private industry can outpace the requirements of law and offer another aven ue to achieving a sustainable future for generations to come. Therefore, in consideration of their shared sustainability values, and in recognition of the unique position of the retail in dustry to contribute to a sustainable future, the parties agree that that the following commercially reasonable terms are incorporated into the Lease and supersede any conflicting provisions in the Lease: 1. Trash; Recycling; Composting; Janitorial. Tenant shall comply with Landlord’s recycling, composting, and waste management and diversion policies, if any, as part of Landlord’s sustainability practices where it may be more stringent than applicable law, including, if applicable, Landlord’s policy on separating types of materials, use of different containers, and use of Landlord authorized vendors. 2. Real Estate Taxes. “Real Estate Taxes” as defined in the Lease shall include environmental and carbon taxes, fees, charges and assessments levied against Landlord or the Shopping Center relating to the consumption of energy, water or generation of waste. 3. Operating Costs. “Operating Costs” as defined in the Lease shall include the cost of (a) maintaining and repairing utility efficiency upgrades and sustainability facilities (including, but not limited to, electric vehicle charging stations and sunshield canop ies); (b) sustainability management systems, products and services (including, but not limited to, energy and water consulting and management services ); (c) carbon or environmental credit or certificate trading or offset costs ensuring compliance by, or levies, charges or impositions made in lieu of or in absence of compliance by, the Shopping Center with greenhouse gas emission levels or energy consumption or conservation levels mandated by applicable law; (d) obtaining and maintaining accreditation, rating, or certification (including renewals of all of the foregoing) pursuant to any environmental sustainability or so-called “green building” certification program (such as, by way of example only, U.S. Environmental Protection Agency’s ENERGY STAR rating and the U.S. Green Building Council’s then-current version of the LEED Green Building Rating System), including, but not limited to, analysis, application, auditing, reporting and commissioning costs. To the extent any of the foregoing costs are considered capital expenditures, such costs shall be amortized over their respective useful life and only the yearly amortiza tion amount included in yearly determination of Operating Costs. 4. Tenant’s Share. For purposes of calculating “Tenant’s Share” as defined in the Lease, space occupied in the Shopping Center for renewable energy generation and storage, electric vehicle charging stations, and other sustainability facilities shall be exc luded from the denominator. 5. Utilities. a. Landlord shall have the right to designate the supplier of any utility consumed in the Premises, provided that the cost of such utility is reasonably comparable to the rates charged by the local utility provider. Further, Landlord may elect to prov ide electricity to the Premises at no direct cost to Tenant, in consideration of an increase in Minimum Rent reasonably commensurate with the cost o f such electricity, which increase shall be subject to Tenant’s reasonable approval. b. Without limiting the foregoing, Landlord reserves the right to require Tenant’s participation in an Alternative Energy Program, provided that, in any such case, the cost of such utility is reasonably comparable to the rates charged by the local public utility provider. An “Alternative Energy Program” means a program pursuant to which alternative energy generated at the Shopping Cent er is transmitted to the local or regulated electric utility and/or to some or all occupants of the Shopping Center. c. If Landlord elects to designate a utility provider in accordance with Section 5(a) above, Landlord reserves the right to require the installation of a submeter to measure utility consumption and Tenant agrees to purchase and pay for the same as Additional Rent at the then applicable rates charged by the local utility. 6. Sustainability Reporting. In order to assure compliance with Laws and/or to monitor or comply with Landlord’s resource conservation goals, governmental requirements, and/or community “green building” initiatives, whether current or future, within thirty days after Landlord’s written request, Tenant shall report to Landlord (in the form required by Landlord or, if applicabl e, a governmental authority) its waste generation and utility usage for the prior calendar quarter or for such shorter period as is required to comply with Law, including but not limited to: kilowatt hours of electricity, cubic feet of gas, gallons of water, and any other item of usage or waste creation that ma y be required by Landlord or any governmental authority. In addition, Tenant shall cooperate with Landlord’s efforts to assure the Shopping Center’s compliance with Law and/or Landlord’s efforts to seek the Shopping Center’s accreditation, rating, or certification (including renewals of all of the foregoing) pursuant to any environmental sustainability or so-called “green building” certification program (such as, by way of example only, U.S. Environmental Protection Agency’s ENERGY STAR rating and the U.S. Green Building Council’s then-current version of the LEED Green Building Rating System) by providing Landlord with information about Tenant’s construction (such as building materials), occupancy (such as staffing levels and hours of operation) and operations (such as cleaning materials). Without limiting the foregoing, (a) Tenant agrees that Landlord may access Tenant’s utility consumption data directly from the utility provider (and, upon Landlord’s request, Tenant will cooperate as reasonably necessary to cause the utility provider to recognize the same), and/or (b) Landlord shall have the right (at its sole cost) to install a checkmeter or other device to measure the consumption of utilities at the Premises, and in either such case to share consum ption data on an anonymous basis for internal and external sustainability reporting purposes. 7. Roof. Without limiting Landlord’s rights under the Lease, Landlord shall have the right to install environmental sustainability facilities and improvements on the roof of the Shopping Center, including the Premises, without Tenant’s consent, and in connection with the same, Landlord shall (a) ensure that the roof remains structurally sound and watertight and (b) shall use commercially reasonable efforts to minimize disruption to Tenant’s use and enjoyment of the Premises. Such facilities and improvements may include, without limitation, rainwater collection and diversion systems, vegetative “green” roofs, power generation systems, power storage systems, high-reflection roofing materials, and apiaries. Docusign Envelope ID: D8CA9B9E-782B-4A75-BC47-95B7B595BE12Docusign Envelope ID: 5ED44FC6-186D-4D96-BC67-909EE2CBA8B2 374 136422 I-1 EXHIBIT I MEMORANDUM OF LEASE MEMORANDUM OF LEASE THIS MEMORANDUM OF LEASE (“Memorandum”), dated as of , 2025, by and between 1351 SOUTH FEDERAL (FL) OWNER LLC, a Delaware limited liability company (hereinafter called “Landlord”), and GGSS Delray LLC, a Florida limited liability company (hereinafter called “Tenant”). WITNESSETH: A. Landlord and Tenant have entered into that certain Lease dated , 2025 (“Lease”) relating to certain leased premises (“Premises”) located in the shopping center known as One Boynton, situated on certain real property i n the City of Boynton Beach, County of Palm Beach, State of Florida, legally described on Exhibit A attached hereto. B. Landlord and Tenant now wish to memorialize of record that existence of the Lease and certain specific terms of the same. NOW THEREFORE, in consideration of the Lease and other good and valuable consideration, Landlord and Tenant agree as follows: 1. Landlord and Tenant have entered into the Lease effective as of , 2025, to demise and let the Premises upon the terms and conditions more particularly set forth in the Lease. 2. The Lease Term shall be for an initial term of ten (10) years commencing on the Commencement Date, as such term is defined in the Lease. 3. The Lease contains the following provision: The interest of Landlord in the Premises shall not be subject in any way to any liens, including construction liens, for alterations or improvements made by or on behalf of Tenant. This exculpation is made with express reference to Section 713.10, Florida Statutes. Tenant represents to Landlord that any alterations or improvements that might be made by Tenant to the Premises are not required to be made under the terms of this Lease and that any alterations or improvements which may be made by Tenant do not constitute the "pith of the lease" under applicable Florida case law. 4. Except as otherwise indicated herein, capitalized terms used in this Memorandum are defined as set forth in the Lease. 5. The sole purpose of this instrument is to give notice of said Lease and all of its terms, covenants, and conditions to the same extent as if said Lease were set forth herein. 6. This Memorandum of Lease is not intended to cover all the terms and conditions of the Lease and is not to be construed as restricting, enlarging, modifying or amending the Lease. Both Landlord and Tenant possess executed counterparts of the Lease to which reference is made for the exact terms, provisions and conditions. 7. The conditions, covenants and agreements contained in this instrument shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, personal representatives, successors and assigns. In the event of any conflict be tween the terms and conditions of this instrument and the term and conditions of the Lease, it is agreed that the terms and conditions o f the Lease shall control. [Remainder of page intentionally blank/signatures on following page.] Docusign Envelope ID: D8CA9B9E-782B-4A75-BC47-95B7B595BE12Docusign Envelope ID: 5ED44FC6-186D-4D96-BC67-909EE2CBA8B2 375 136422 I-2 IN WITNESS WHEREOF, the parties hereto have executed this Memorandum as of the day and year first above written. LANDLORD: 1351 SOUTH FEDERAL (FL) OWNER LLC, a Delaware limited liability company By: Name: __________________________________ Title: ____________________________________ COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF PHILADELPHIA } The foregoing Memorandum was acknowledged before me on , 2025, by ______________________, the Authorized Signatory of 1351 South Federal (FL) Owner LLC, a Delaware limited liability company, on behalf of the limited liability company. Notary Public [Tenant Signature Page to Follow] Docusign Envelope ID: D8CA9B9E-782B-4A75-BC47-95B7B595BE12Docusign Envelope ID: 5ED44FC6-186D-4D96-BC67-909EE2CBA8B2 376 136422 I-3 TENANT: GGSS Delray LLC, a Florida Limited Liability Company By: Name: Sarah Smith Title: Authorized Signor STATE OF FLORIDA } } SS: COUNTY OF PALM BEACH } The foregoing Memorandum was acknowledged before me on , 2025, by __________________, the ___________________ of GGSS Delray LLC, a Florida limited liability company, on behalf of the limited liability company. Notary Public This instrument was prepared by: 1351 South Federal (FL) Owner LLC Docusign Envelope ID: D8CA9B9E-782B-4A75-BC47-95B7B595BE12Docusign Envelope ID: 5ED44FC6-186D-4D96-BC67-909EE2CBA8B2 377 136422 I-4 EXHIBIT A LEGAL DESCRIPTION All of "Las Ventanas", according to the plat thereof, as recorded in Plat Book 110, at Pages 89 and 90 of the Public Records of Palm Beach County, Florida. Said lands situate in the City of Boynton Beach, Palm Beach County, Florida and contain 14.762 acres (643,021 square feet), m ore or less. Docusign Envelope ID: D8CA9B9E-782B-4A75-BC47-95B7B595BE12Docusign Envelope ID: 5ED44FC6-186D-4D96-BC67-909EE2CBA8B2 378 136422 J-1 EXHIBIT J FRANCHISOR ADDENDUM ADDENDUM TO LEASE This Addendum to Lease (“Addendum”) is hereby made and entered into on _____________________ (“Effective Date”), by and between 1351 SOUTH FEDERAL (FL) OWNER LLC, a Delaware limited liability company (“Landlord”) and GGSS DELRAY LLC, a Florida limited liability company (“Tenant”) and entered into by Tenant and Landlord concerning the Location at One Boynton, Boynton Beach, Florida (t he “Lease”). To the extent that there is any inconsistency between the terms of the Lease and the terms of this Addendum, the terms of thi s Addendum shall govern and control. None of the provisions in this Addendum or any rights granted Franchisor hereunder, may be ame nded absent Franchisor’s prior written consent. Landlord and Tenant, intending that goGLOW Franchise, LLC, a Minnesota limited liability company (the “Franchisor”) (and its successors and assigns) be a third-party beneficiary of this Addendum, hereby agree as follows: 1. Tenant will only use the leased Premises in connection with the operation of the Franchised Business governed by its franchis e agreement with goGLOW Franchise, LLC (“Business”); 2. Tenant may display within the interior of the Premises and the exterior signage of the Premises, the trademarks, service mark s and other commercial symbols owned by Franchisor and used to identify the service and/or products offered at the Business, the Bu siness design and image developed and owned by Franchisor, as it currently exists and as it may be revised and further developed by Franchisor from time to time, and certain associated logos in accordance with the specifications required by Franchisor’s Ma nuals (“Proprietary Marks”), subject only to the provisions of applicable law and in accordance with provisions in the Lease; and Landlord and Tenant further agree that Franchisor has the right to enter the Premises upon two (2) business days’ written notice to Landlord to make any modifications necessary to protect Franchisor’s Proprietary Marks, subject only to the provisions of applicable law and i n accordance with provisions in the Lease; 3. To allow Franchisee, upon written request from Franchisor, to provide Franchisor with a current copy of the Lease and any amendments; 4. To notify Franchisor in writing of, and upon the failure of Franchisee to cure, any default by Franchisee under the Lease, an d also to provide Franchisor with the right to cure said default under the Lease within ten (10) days of being notified (but Franchisor is under no obligation to do so); 5. Upon the transfer, termination or expiration of the Franchise Agreement between Tenant and Franchisor, Tenant may assign this Lease or sublet the leased premises to Franchisor, its affiliate or any licensee or franchisee of Franchisors, with the prior writ ten consent of, and upon fifteen (15) days’ prior written notice to, Landlord, which consent of Landlord shall not be unreasonably withheld, conditioned or delayed provided Tenant and its guarantors are not released of liability under the Lease, there is no change in the use of the Premises and the assignee or sublessee, as applicable, otherwise meets Franchisor’s then current requirements for franchisees. Within ten (10) days of such assignment or subletting, Tenant shall deliver a copy of the signed agre ement reasonably satisfactory to Landlord evidencing the assignment and containing an express assumption and covenant binding the transferee to Tenant’s obligations un der the Lease; 6. Tenant shall not amend, assign, renew, or sublet the Lease without Franchisor’s prior written approval; and 7. Unless and until otherwise changed by Franchisor, notice to Franchisor shall be sent as follows: goGLOW Franchise, LLC, 7493 France Avenue S., Edina, Minnesota 55435, Attn: Melanie Richards. Docusign Envelope ID: D8CA9B9E-782B-4A75-BC47-95B7B595BE12 11/10/2025 Docusign Envelope ID: 5ED44FC6-186D-4D96-BC67-909EE2CBA8B2 379 136422 J-2 IN WITNESS WHEREOF, Landlord and Tenant have executed this Addendum to Lease as of the Effective Date. LANDLORD: 1351 SOUTH FEDERAL (FL) OWNER LLC, a Delaware limited liability company By: Name:_______________________ Title: Authorized Signatory TENANT: GGSS Delray LLC, a Florida Limited Liability Company By: Name: Sarah Smith Title: Authorized Signor Docusign Envelope ID: D8CA9B9E-782B-4A75-BC47-95B7B595BE12Docusign Envelope ID: 5ED44FC6-186D-4D96-BC67-909EE2CBA8B2 Kinsey Sale 380 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) 381 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. 382 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. 383 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. 384 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: 385 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) 386 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 387 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. 388 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. 389 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. 390 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. 391 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 392 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 393 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: _____________________________________ GGSS Delray LLC, DBA goGLOW Boynton Beach 1501 S Federal Highway _____________________________________Boynton Beach, FL 33435 941-400-4931 394 1. 2. 3. 4. BOYNTOf'J 0,0sii'BEACH CRA COMMUNITY REDEVELOPMENT AGENCY Principa wn Sarah Smith Printed Name Principal/Owner's Signature Printed Name Principal/Owner's Signature Printed Name PrincipaVOwner's Signature Printed Name APPLICANT INFORMATION 04/08/2026 Date Owner/Area Developer Title Date Title Date Title Date Title Notary as to PrlnclpaVOwner's Signatures -Multiple notary pages may be used if signing individually ~~~r:~~F 1::J&,d (). BEFORE ME, an officer duly au~ize£;aw to administer oaths and take ac ements, personally appeared ;:{°L _ ~J, , who is/ e personally-know o me or produced a (S ~ C e.nse as I en I 1ca 10n, 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 f!§ve set my hand and official seal i the State and County aforesaid on this c;;l I ~T day of 20;) \o . -.. -----. --- 1 ~4·,ii.;,,1 ROBIN DAMA ELLERIV 1 1 f ~":'i Motlry Publk • Stitt of Floridi ~'.iiii}J Commlnlon I HH 2967◄7 1 1 \fo,,-..'f/ My Comm. Expires Mov 29, 2026 • ""•""8ondtd tnrouth Mltionll Notary Assn. I UBLIC ission Expires: V zq4l -~ J Page 15 of 16 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435-Phone: (561) 600 -9090 www.boyntonbeachcra.com 395 BOYNTOl'J 0s'fr'fr0s0 BEACH tRA COMMUNITY REDEVELOPMENT AGENCY LANDLORD INFORMATION 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 ;to_es not entitle Landlord to seek payment or other recourse from the BBCRA. ~ W ,. SC-6-tr Sh~ 0¢ijaDc2Ln Landlord's Signature Dat 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 ~;:uT:~~F ~fa BEFORE ME, an officer duly aut orized by law to administer oaths and take ack .,.,,,.,,,,ements, personally appeared ___,J~~~..L.,-----i-,,,u;;;~~~t----=-----' who is/ar ersonal y know to me or produced1_.J::..~20L-QCA___;U1~Lt:...~Wbl.L~0;1~-as ident11ca 10 , 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 a aforesaid on this d, I ~ day of ----- 1 ~u"',ii.•·•., R081N DANA ELLERBY ~~\ Noury Public • St1t1 of Flortd1 - 1 ,;i • [J.I} Commlnlon I HH 1967'47 '·rffrrt.~ My Comm. Expires Nov 19, 1016 , •• ...... &o,,ded throuth Matton1l Notary AS1n. - seal in the State and County • I 20.db_. .-:-..r Page 16 of 16 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435-Phone: (561) 600 -9090 www .boyntonbeachcra.com 396 Business Information Additional Information Application Commercial Property Improvement Grant Application Status Awaiting Decision Business Name goGLOW Boynton Beach Contact Legal Name Sarah Smith Email sarah.smith@goglow.co Address 1501 South Federal Highway, Boynton Beach, Florida 33435, United States Phone 561−374−0016 Website http://goglow.co/boynton-beach Special Requests Submitted Time Apr 15, 2026 12:14 pm Tags Boynton Beach Business Address: 1501 S Federal Highway, Boynton Beach, FL 33435 Provide a list of all principal owners listed on the corporate documents Sarah Smith, 20 NE 16th Court, Delray Beach, FL 33444 941−400−4931 sarah.smith@goglow.co Business Mission Statement goGLOW Boynton Beach is dedicated to helping our community look and feel their best through safe, all-natural sunless tanning solutions that promote confidence and whole skin health. We strive to deliver a luxury, personalized experience while fostering meaningful local partnerships and supporting the vibrant Boynton Beach community. Our mission is to redefine beauty standards by offering a healthy alternative to traditional tanning in an inclusive, empowering environment. 4/20/26, 11:23 AM Print about:blank 1/5397 Are you an existing business in Boynton Beach? No Numbers of years in existence 0 Are you a new business in Boynton Beach? Yes Description of your business goGLOW Boynton Beach is a modern, luxury sunless tanning studio focused on providing safe, high-quality alternatives to traditional UV tanning. We specialize in custom airbrush spray tans using proprietary, skin-nourishing formulas that are vegan, cruelty-free, and made in the USA. Each service is tailored to the individual client’s skin tone and desired result, delivering a natural, streak-free glow in a clean, professional environment. In addition to single-session spray tans, goGLOW offers flexible membership packages designed to make routine self-care accessible and affordable for clients. Our services cater to a wide range of customers, including busy professionals, parents, brides, event attendees, and individuals seeking a healthy, confidence-boosting beauty solution. Beyond our core services, we also provide a curated selection of retail products that extend and enhance results, including pre- and post-tan skincare. Our business model emphasizes convenience, consistency, and an elevated customer experience, supported by trained technicians and a strong focus on client education. Type of Business Tier II Base Rent (include CAM if applicable) 5,939.97/mo Square Footage of Current Location N/A Square Footage of New Location 1239 Number of Employees & Job Descriptions I. List of jobs to be created a. Manager – 0 or 1 position (full time) b. Lead Spraytan Specialist – 2 positions (full time) c. Spraytan Specialist – 4−7 positions (part time) i. Total hires will be 7−10 positions (15−18 possibly during busy season - March to June) II. Pay range a. Manager – $70,000 to 80,000 per year b. Lead Spraytan Specialist – $16/hr-$18/hr plus tips and % off retail, potential for healthcare reimbursement (national average is $30−$35/hour with tips) c. Spraytan Specialist – $15/hr - $17/hr plus tips and % off retail, potential for healthcare reimbursement (national average is $30−$35/hour with tips) Hours of Operation Hours of Operation: Sunday 10 AM–6 PM Monday 9 AM–9 PM Tuesday 9 AM–9 PM Wednesday 9 AM–10 PM Thursday 9 AM–10 PM Friday 9 AM–9 PM Saturday 10 AM–6 PM 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 4/20/26, 11:23 AM Print about:blank 2/5398 Landlord Contact Information 1351 South Federal (FL) Owner LLC c/o LivCor 233 South Walker Drive, Suite 4700 Chicago, IL 60606 Attention: Matthew Neufeld Phone: 312−466−3400 In the following sections, please upload the requested documents. If more than one file is needed in a response to an individual prompt, go to "Choose Files," select multiple files at the same time in 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 Receipt here: (No response submitted) Upload Palm Beach County Business Tax Receipt 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: DIVISION 15 - MECHANICAL $ 95,948 (Total) Plumbing $ 43,546 Plumbing - Water Heater Support Shelf $ 1,422 HVAC $ 46,120 Sprinkler $ 4,860 DIVISION 16 - ELECTRICAL $ 57,200 (Total) Electrical Requested grant amount for design fees: 10,000 Requested grant amount for eligible property improvments: 25,000 Upload cost estimates from a licensed contractor(s) here: File uploaded If design funding is requested, upload the cost estimate(s) from a qualified licensed design professional here: File uploaded 4/20/26, 11:23 AM Print about:blank 3/5399 Prices 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: File uploaded Upload the "City Acknowledgement" Forms here: File uploaded Upload Notarized "Anti-Human Trafficking Affidavit" here: File uploaded I understand that submission of an application is not a guarantee of grant funding or Board approval. Any "approval" notifications sent through Eventeny are purely administrative. Final approval will occur at the next available Board Meeting. Sarah Smith How would you like to pay your application fee? Mail a check to the BBCRA Office Application Fee Quantity - 1 | Total - $100.00 4/20/26, 11:23 AM Print about:blank 4/5400 Pictures 4/20/26, 11:23 AM Print about:blank 5/5401 Reset Select Language ▼ Search by Address, Owner, or PCN Return Property Info Layers Tools & Reports Help View Property Record Print 1351 SOUTH FEDERAL FL OWNER LLC LOCATION 1331 S FEDERAL HWY 102 MUNICIPALITY BOYNTON BEACH PARCEL NO. 08-43-45-28-45-001-0000 SUBDIVISION LAS VENTANAS BOOK/PAGE 32839/90 SALE DATE 08/25/2021 MAILING ADDRESS PO BOX A3878 CHICAGO IL 60690 3878 USE TYPE 0300 - MULTIFAMILY 10 UNITS OR MORE TOTAL SQUARE FEET 822044 OWNERS PROPERTY DETAIL SALES INFORMATION      4/20/26, 11:08 AM PAPA Countywide Map https://gis.pbcgov.org/papagis/papa.html#1/1402 Project Cost SummaryPROJECT:GO GLOW DATE:2/27/2026 OWNER:GO GLOW ARCHITECT:REPRISE ARCHITECTURE Gross Sq. Ft. 1,245 DESCRIPTION SUITE DIV.TOTALS DIVISION 1 - GENERAL REQUIREMENTS 90,913$ General Conditions 83,131$ General Requirements 4,782$ Allowance #1 Trash Pulls 1,500$ Allowance #2 Progress & Final Clean 1,500$ DIVISION 2 - DEMOLITION 3,950$ Temp Protection 1,362$ Temp Fencing NIC Pedestrian/Safety Walkways at Sidewalks NIC Demolition - Saw Cut for Underground Trenches 2,588$ DIVISION 3 - STRUCTURE 6,553$ Concrete - Slab Pour at Leave-Out & Trenches 5,409$ GPR/Xray 1,144$ DIVISION 6 - CARPENTRY 11,567$ Rough Carpentry 1,209$ Millwork - Install Only Owner Provided 7,350$ Crown Moldings 3,008$ Solid Surface N/A DIVISION 7 - MOISTURE PROT.6,132$ Waterproofing & Dampproofing ETR Roofing 4,211$ Fire Caulking 1,644$ Caulking 277$ DIVISION 8 - DOORS,WINDOWS AND HARDWARE 14,862$ Door & Hardware Supplier 14,862$ Storefront & Glazing ETRPage 1 of 2403 Project Cost SummaryPROJECT:GO GLOW DATE:2/27/2026 OWNER:GO GLOW ARCHITECT:REPRISE ARCHITECTURE Gross Sq. Ft. 1,245 DESCRIPTION SUITE DIV.TOTALS DIVISION 9 - FINISHES 57,745$ Drywall Subcontractor 26,076$ Acoustical Ceilings 7,621$ Tile Finishes 4,555$ Resilient Flooring 7,875$ Painting 10,242$ Floor Sealing 481$ FRP Panels 895$ DIVISION 10 - SPECIALTIES 5,448$ Toilet Accessories 2,311$ Install Owner Furnished Miscellaneous 2,298$ Fire Extinguisher & Cabinet 147$ Interior Signage 692$ Knox Box ETR Exterior Signage By Owner NIC DIVISION 12 - FURNISHINGS 1,027$ Blinds & Shades NIC Window Film 1,027$ DIVISION 15 - MECHANICAL 95,948$ Plumbing 43,546$ Plumbing - Water Heater Support Shelf 1,422$ HVAC 46,120$ Sprinkler 4,860$ DIVISION 16 - ELECTRICAL 57,200$ Electrical 39,249$ Electrical - Light Fixtures Purchase 13,222$ Security System By Owner NIC Communications/Low Voltage By Owner NIC Fire Alarm 4,729$ Subtotal 351,345$ Contractor Insurance 1.50% 5,270$ Tech Fees 0.33% 1,177$ Fee 5.00% 17,890$ Contingency 0.50% 1,878$ TOTAL 377,560$ Page 2 of 2404 [Type here] Page 1 of 2 goGLOW – Sarah Smith One Boynton 1501 South Federal Highway Boynton Beach, FL. 33435 Architect of Record – Corey Allan Englund – AR102780 Engineer of Record (Mechanical & Plumbing) – Michael Webert – 65221 Engineer of Record (Electrical) – Matthew Fults - 65222 Pre Construction Phase Services Site Investigation / Feasibility Report / Preliminary Design $2,000  Identify permit review process & requirements  Applicable code identification and review  Preliminary Floor Plan  Up to (2) design iterations included Architectural Services $9,000  Contract documents necessary for the purpose of obtaining municipal approvals, bidding, and construction of the proposed property  Documents shall be site specific in nature and based on existing prototype design standards package  Anticipated scope is limited to the Interior of the space  Construction Administration via phone/email  Site specific requirements such as modifications to shell building, site related documentation/improvements (handicap parking/path of travel), service yard/utility service modifications, sign packages, and design presentation packages when required buy local authorities or Landlords are NOT included.  It is assumed that MEP is design build, MEP Engineering is NOT included  It is assumed that Structural Engineering is NOT included Mechanical, Electrical, Plumbing Engineering Services $6,000  Engineered Contract documents necessary for the purpose of obtaining municipal approvals, bidding, and construction of the proposed property  Documents shall be site specific  HVAC: Existing Equipment to be reused with designed air distribution  Plumbing: Domestic water, Sanitary restrooms and Break Room  Electrical: Power and Outlets per code, including spray equipment requirements, and to support building functions  Lighting: Coordinated with Franchise Owner and Architect 405 [Type here] Page 2 of 2 Permitting $3,250  Apply / Submit for Building, Fire, Health Departments, and Landlord Approvals  Does NOT include any Permit Fees Total $20,250 Entitlement Services (The need for this shall be identified during Site Investigation) TBD  Variances  Conditional Use  City Discretionary review process  Change of Use  Etc. Other Services / Reimbursable Expenses: Cost Plus 10%  Some projects may require (1) site visit at Construction completion to verify brand standards and establishment of punch list.  SBA Lender document coordination  Modifications to prototype design/color/materials  Site Plan and Exterior accessibility plans  Building Exterior design / coordination  Structural Engineering  Utility coordination and setup by Franchise Owner  Any association in any way with Hazardous materials Betterment: If, due to the Construction Manager, Architect, and or Engineer’s error, any required item or component of the project is omitted from the construction documents, the identified person(s) shall not be responsible for paying the cost to add such item or component to the project, to the extent that such item or component would have been otherwise necessary to the project or otherwise add value or betterment to the project. In no event will the person(s) be responsible for any cost or expense that provided betterment, upgrade, or enhancement of the project. Hourly Rate Schedule Principal $130 Senior Construction Manager $125 Construction Manager $110 Administrative $80 Architect Sr. Proj. Manager $150 Architect Project Manager $135 Architectural Draftsperson $95 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 Business Information Additional Information Application Commercial Property Improvement Grant Application Status Awaiting Decision Business Name 618 E Ocean Ave LLC Contact Legal Name Anthony Mauro Email jonathancsilva3890@gmail.com Address 618 E Ocean Ave, Boynton Beach, Florida 33435, United States Phone 561−738−4713 Website http://maurobrothers.com Special Requests Submitted Time Apr 15, 2026 10:02 am Tags Boynton Beach Business Address: n/a Provide a list of all principal owners listed on the corporate documents Karen Mauro Michael MAuro Business Mission Statement We have owned the property located at 618 E Ocean Ave since 2018 and have had great businesses in it such as the paint shop and the salon. Now we are having an amazing french bakery in the building. Are you an existing business in Boynton Beach? Yes Numbers of years in existence 4/23/26, 10:27 AM Print about:blank 1/4423 8 Are you a new business in Boynton Beach? No Description of your business We own multiple properties in Boynton beach and lease out to local businesses Type of Business Tier II Base Rent (include CAM if applicable) 0 Square Footage of Current Location (No response submitted) Square Footage of New Location (No response submitted) Number of Employees & Job Descriptions we are the owners of the building not the tenant Hours of Operation 8−4 Are you applying for grant assitance under any other program offered by the BBCRA? None Are you applying for grant assistance under any other governmental agencies? n/a Landlord Contact Information We are the landlord 5617384713 In the following sections, please upload the requested documents. If more than one file is needed in a response to an individual prompt, go to "Choose Files," select multiple files at the same time in 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 Receipt here: (No response submitted) Upload Palm Beach County Business Tax Receipt here: (No response submitted) Upload Credit Check Authorization Form here: 4/23/26, 10:27 AM Print about:blank 2/4424 Prices 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: exterior parking lot, vegetation and dumpster enclosure Requested grant amount for design fees: 0 Requested grant amount for eligible property improvments: 25000 Upload cost estimates from a licensed contractor(s) here: File uploaded If design funding is requested, upload the cost estimate(s) from a qualified 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 Upload Notarized "Anti-Human Trafficking Affidavit" here: File uploaded I understand that submission of an application is not a guarantee of grant funding or Board approval. Any "approval" notifications sent through Eventeny are purely administrative. Final approval will occur at the next available Board Meeting. Michael Mauro How would you like to pay your application fee? Pay with credit card Application Fee Quantity - 1 | Total - $100.00 4/23/26, 10:27 AM Print about:blank 3/4425 Pictures 4/23/26, 10:27 AM Print about:blank 4/4426 Reset main Select Language ▼ Search by Address, Owner, or PCN Return Property Info Layers Tools & Reports Help View Property Record Print 618 E OCEAN AVE LLC LOCATION 618 E OCEAN AVE MUNICIPALITY BOYNTON BEACH PARCEL NO. 08-43-45-27-04-000-0941 SUBDIVISION LAWNS BOOK/PAGE 29483/1071 SALE DATE 11/15/2017 MAILING ADDRESS 2611 LAKE DR N BOYNTON BEACH FL 33435 2416 USE TYPE 1100 - STORES TOTAL SQUARE FEET 2750 OWNERS PROPERTY DETAIL SALES INFORMATION      3/30/26, 9:47 AM PAPA Countywide Map https://gis.pbcgov.org/papagis/papa.html#1/1427 JOB NAME: La Petit Pan 618 - March 25, 2026 Budget 3-25-26 DIIVSION 200 PRE-CONSTRUCTION 280 Demolition Contract $0.00) SUB TOTAL $0.00) DIVISION 300 STRUCTURAL 300 Site Work $0.00) 320 Concrete Contract $0.00) SUB TOTAL $0.00) DIVISION 400 EXTERIOR FINISHES 410 Ext. Doors & Windows $0.00) 489 Loading Dock Cover $26,500.00) SUB TOTAL $26,500.00) DIVISION 500 INTERIOR FINISHES 510 Drywall & Framing Contract $0.00) 525 Interior Doors $0.00) 532 Trim Package Contract $0.00) 540 Cabinets & Vanities Contract (Use existing?)$0.00) 550 Interior and Painting $0.00) 580 Flooring Contract $0.00) SUB TOTAL $0.00) DIVISION 600 MEP 600 Plumbing Contract (Including Grease trap)$0.00) 608 Gas $0.00) 610 HVAC System Contract $0.00) 620 Electrical System $0.00) 640 Appliances (Use existing?)$0.00) SUB TOTAL $0.00) DIVISION 700 SITE IMPROVEMENTS 715 Driveway $56,146.00) 736 Ramp, Load Dock and Railing $32,500.00) SUB TOTAL $88,646.00) DIVISION 800 SOFT COST & GENERAL CONDITIONS 810 Construction Cleaning $0.00) 811 Dumpster, enclodure and pad $0.00) 816 Protection Materials $0.00) 835 Blueprints / Copies $0.00) 895 Construction Contingency $0.00) SUB TOTAL $0.00) PROJECT SUB TOTAL $115,146.00) 428 429 430 431 432 433 434 435 436 437 438 439 440 441 Business Information Additional Information Application Commercial Rent Reimbursement Grant Program Status Awaiting Decision Business Name Rivalries Sports Pub Contact Legal Name Mike Berkowitz Contact Preferred Name Mike Email mberko2005@yahoo.com Address 510 E Ocean Ave, 101, Boynton Beach, Florida 33435, United States Phone 561−345−1834 Website http://rivalriessportspub.com Special Requests Submitted Time Apr 16, 2026 10:12 am Tags Boynton Beach Business Address: N/A Provide a list of all principal owners listed on corporate documents Cory Berkowitz 561−345−1835 Michael Berkowitz 561−345−1834 510 E. Ocean Avenue, 576, Boynton Beach, Florida 33435 Business Mission Statement Our mission is to be the heart of the neighborhood, providing a spirited and inclusive space where families and fans of all ages can gather to enjoy great food, cheer on their favorite teams, play games, and create lasting memories together." 4/28/26, 11:39 AM Print about:blank 1/3442 Are you an existing business in Boynton Beach? No Numbers of years in existence Rivalries is a new business Are you a new business in Boytnon Beach? Yes Description of your business We are a local sports pub providing Beer, Wine, and great sports bar style food. We will Air Fry and use no oil. Rivalries will have an arcade for kids and 11 TVs total inside and out for a great game day experience Type of Business Tier I Base Rent (plus CAM if applicable) Rent $5760 CAM 8%. Total $7300 Square Footage of Current Location 2385 Square Footage of New Location 2385 Number of Employees & Job Descriptions Servers/Bartenders $ 11.98 per hour plus tips (Minimum Wage for servers) Kitchen Staff/Utility $16−$20 per hour based on experience Management will be owners for the near future and salaries will be determined by sales and profit. Hours for staff will generally be 10−5 shift and 5− close shift. Still determining details on scheduling As Cory and Mike are both teachers, we will employ HS students as well, 4 hours per day Hours of Operation 11am to 11PM 7 days a week Are you applying for grant assitance under any other program offered by the BBCRA? None Are you applying for grant assistance under any other governmental agencies? N/A Landlord Contact Information MIRIAM MORA, 101 S Federal Highway, Boynton Beach, Florida 33435 561−810−2780 In the following sections, please upload the requested documents. If more than one file is needed in a response to an individual prompt, go to "Choose Files," select multiple files at the same time in 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 4/28/26, 11:39 AM Print about:blank 2/3443 Prices 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 Trafficking Affidavit" 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" notifications sent through Eventeny are purely administrative. Final approval will occur at the next available Board Meeting. Michael Berkowitz How would you like to pay your application fee? Pay with credit card Application Fee Quantity - 1 | Total - $100.00 4/28/26, 11:39 AM Print about:blank 3/3444 Reset Select Language ▼ Search by Address, Owner, or PCN Return Property Info Layers Tools & Reports Help View Property Record Print AVANTI RESIDENTIAL 500 OCEAN TIC II LLC AVANTI RESIDENTIAL 500 OCEAN TIC III LLC AVANTI RESIDENTIAL 500 OCEAN TIC I LLC LOCATION 101 S FEDERAL HWY MUNICIPALITY BOYNTON BEACH PARCEL NO. 08-43-45-28-03-007-0010 SUBDIVISION BOYNTON TOWN OF BOOK/PAGE 32626/379 SALE DATE 06/02/2021 MAILING ADDRESS 1700 BROADWAY STE 620 DENVER CO 80290 1702 USE TYPE 0300 - MULTIFAMILY 10 UNITS OR MORE TOTAL SQUARE FEET OWNERS PROPERTY DETAIL      4/20/26, 1:02 PM PAPA Countywide Map https://gis.pbcgov.org/papagis/papa.html#1/1445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 Business Information Additional Information Application Commercial Rent Reimbursement Grant Program Status Awaiting Decision Business Name Logo Legend LLC Contact Legal Name Rodina Paraison Email logolegend@yahoo.com Address 680 W Industrial Ave # 7−8, BOYNTON BEACH, Florida 33426, United States Phone 561−542−0662 Website http://www.logolegend.net Special Requests Submitted Time Apr 21, 2026 12:40 pm Tags Boynton Beach Business Address: N/A Provide a list of all principal owners listed on corporate documents Rodina Paraison-10120 Boynton Place Cir, Boynton Beach, FL 33437 Business Mission Statement Our goal is to provide top-quality personalized embroidery and printing to Boynton Beach with precision and creativity as well as unparalleled customer service. Our goal is to be the most popular local shop for low-cost embroidery in Boynton Beach, offering small-scale businesses, schools, and individuals with the finest customized uniforms, custom T-shirts, and other merchandise that is branded. With the latest technologies with regard to digitalizing logos as well as heat press printing. Are you an existing business in Boynton Beach? 4/22/26, 1:53 PM Print about:blank 1/3504 Yes Numbers of years in existence 3 Are you a new business in Boytnon Beach? Yes Description of your business At Logo Legend, we combine creativity, precision, and reliability to deliver top-tier custom apparel services for businesses, schools, events, and individuals. Whether you need custom embroidered shirts in Boynton Beach or affordable heat press t-shirts near Delray Beach, we’re your local go-to shop for quality and care. Type of Business Tier II Base Rent (plus CAM if applicable) $1000 Square Footage of Current Location 420sf Square Footage of New Location 420sf Number of Employees & Job Descriptions 1(Owner operator), Monday thru Friday from 10 am to 5:30 pm Hours of Operation Monday thru Friday from 10 am to 5:30 pm Are you applying for grant assitance under any other program offered by the BBCRA? Commercial Business Marketing Grant Program (only available to eligible business currently open) Are you applying for grant assistance under any other governmental agencies? N/A Landlord Contact Information Shai Moschowits--2627 NE 203rd Street, suite 220, Aventura, FL 33180−-561−252−1479 In the following sections, please upload the requested documents. If more than one file is needed in a response to an individual prompt, go to "Choose Files," select multiple files at the same time in 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 4/22/26, 1:53 PM Print about:blank 2/3505 Prices Upload City of Boynton Beach Business Tax Reciept Here File uploaded Upload Palm Beach County Business Tax Reciept Here File uploaded 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 Trafficking Affidavit" 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" notifications sent through Eventeny are purely administrative. Final approval will occur at the next available Board Meeting. RODINA PARAISON How would you like to pay your application fee? Pay with credit card Application Fee Quantity - 1 | Total - $100.00 4/22/26, 1:53 PM Print about:blank 3/3506 Reset Select Language ▼ Search by Address, Owner, or PCN Return Property Info Layers Tools & Reports Help View Property Record Print LAST MILE BOYNTON BH LLC PEQ BOYNTON TM LLC & LOCATION 617 W INDUSTRIAL AVE MUNICIPALITY BOYNTON BEACH PARCEL NO. 08-43-45-20-02-002-0070 SUBDIVISION BOYNTON INDUSTRIAL PARK IN BOOK/PAGE 34086/128 SALE DATE 01/20/2023 MAILING ADDRESS 2627 NE 203RD ST STE 220 AVENTURA FL 33180 1946 USE TYPE 4800 - WAREH/DIST TERM TOTAL SQUARE FEET 6144 OWNERS PROPERTY DETAIL      4/22/26, 1:56 PM PAPA Countywide Map https://gis.pbcgov.org/papagis/papa.html#1/1507 508 509 510 511 512 513 514 515 516 517 518 •Attachment I - 06.08.21 CRA Board Meeting Minutes •Attachment II - Fully Executed Contract for Lawn Maintenance Services 2021 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: May 12, 2026 CONSENT AGENDA AGENDA ITEM 11.G SUBJECT: Approval of the Second One (1) Year Extension of Contract with Vincent and Sons Landscaping, Inc. for Lawn Maintenance of CRA Owned Properties SUMMARY: On June 8, 2021, the CRA Board awarded Vincent and Sons Landscaping, Inc. a four (4) year contract with an option to renew for three (3) additional one-year terms to perform the landscape maintenance on CRA improved properties and vacant lots (see Attachment I). The contract is up for its second one-year renewal on June 30, 2026 (see Attachment II). The renewal will remain under the same terms of the original contract. The Second Amendment to Renew Standard Form of Agreement Between Owner and Contractor is provided as Attachment III. Over the past five years, there have been a total of 41 owner generated change orders to the original contract. The change orders allow for the addition/deletion of CRA properties as they are purchased/sold (see Attachment IV). The fiscal impact provided below is for all properties to date, that are on the maintenance schedule. Vincent and Sons Landscaping, Inc. has been responsive and has exceeded the CRA's expectations. CRA staff would therefore recommend approval of their contract renewal for another year. FISCAL IMPACT: FY 2025-2026 Budget, General Fund, Line Item 01-51620-209 - $67,782.00 ($51,576.00 for monthly maintenance; $10,269 for quarterly special maintenance and $5,937.00 for contingency) CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approve the Second Amendment to Renew the Standard Form of Agreement between the CRA and Vincent and Sons Landscaping, Inc. for a one-year period. ATTACHMENTS: Description 519 •Attachment IV - Lawn Maintenance CO's 2021-2026 520 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida June 8, 2021 Board Member Penserga moved to table the item for staff to bring back more information. Board Member Romelus seconded the motion. The motion passed unanimously. C. Consideration of Award and Contract for Responses to the Invitation to Bid to Perform Landscape Maintenance Services on Properties Owned by the CRA Ms. Utterback explained the current contract is up at the end of June . They went out to bid and received three responses. She reviewed the lowest bid was Vincent and Sons who is the current contractor. Motion Vice Chair Hay moved to approve. Board Member Katz seconded the motion. The motion passed unanimously. 17. Future Agenda Items A. Discussion and Consideration of a Purchase and Development Agreement between the CRA and Habitat for Humanity of South Palm Beach County, Inc. for the CRA Owned Property located at 545 NW 11th Avenue B. Consideration of Award and Contract for Responses for the Management of the Boynton Harbor Marina C. Approval of the FY 2021 -2023 Boynton Harbor Marina Dockage Lease Agreement D. MLK Jr. Boulevard Corridor Commercial Redevelopment and Affordable Multi-Family Rental Apartment Project Update E. Ocean Breeze East Affordable Multi-Family Rental Apartment Project Update 18. Adjournment Mr. Karjalainen read a closing statement explaining how the public could access the video. There being no further business to discuss, Chair Grant adjourned the meeting at 7:30p.m. Catherine Cherry Minutes Specialist 15 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 Monthly Invoicing Lot ID # Address Parcel ID Structure or Lot? Schedule Monthly Service Price Quarterly Special Services Price Annual Special Services Price (4 times per year)Original Contract Price $2,384.00 15 MARINA - 110 NE 6th Street & 725 Casa Loma Blvd. 08-43-45-27-03-000-0132 & 08- 43-45-27-60-003-0000 Marina Entry Tower, Open Space, Median & Harbor Master Bldg.2 times per month $420.00 $1,450.00 $5,800.00 Contract Price+CO1 12 211 E. Ocean Avenue 08-43-45-28-03-004-0130 Historic Building 2 times per month-2 & 4 Fridays $210.00 $162.50 $650.00 $2,540.00 14 115 N. Federal Hwy. Parking Lot 08-43-45-28-03-006-0010 Parking Lot 2 times per month-2 & 4 Fridays $97.00 $123.75 $495.00 Contract Price+CO2 13 NE 4th Street & NE 1st Avenue - City Parking Lot 08-43-45-28-03-001-0080 Parking Lot 2 times per month-2 & 4 Fridays $191.00 $825.00 $3,300.00 $2,640.00 11 401-411 E. Boynton Beach Blvd. 08-43-45-21-18-000- 0060/0051/0040 Structures 2 times per month-2 & 4 Fridays $84.00 $6.00 $24.00 Contract Price+CO3 $1,002.00 $3,037.50 $6,450.00 $2,744.00 Contract Price+CO4 $2,796.00 Sold to Pulte Cottage District-17 Vacant Lots- NE 4th & 5th Ave.Not Provided Cottage District 2 times per month-2 & 4 Wednesday $550.00 Contract Price+CO5 $2,692.00 1 E MLK BLVD. 08-43-45-21-25-001-0110 Vacant Lot 2 times per month-2 & 4 Wednesday $52.00 Contract Price+CO6 4 Lot 14 E. MLK Blvd. 08-43-45-21-04-000-0140 Vacant lot transferred to CRA from City 4/17/19 2 times per month-2 & 4 Wednesday $52.00 $2,852.00 4 308 E MLK Blvd. 08-43-45-21-04-000-0130 Vacant Lot 2 times per month-2 & 4 Wednesday $52.00 Contract Price+CO7 5 Lot 10 NE 10th Avenue-E MLK Blvd.08-43-45-21-04-000-0100 Vacant Lot 2 times per month-2 & 4 Wednesday $52.00 $2,800.00 6 NE 10th Avenue-E MLK Blvd. 08-43-45-21-04-000-0080 Vacant Lot 2 times per month-2 & 4 Wednesday $52.00 Contract Price+CO8 6 NE 10th Avenue-E MLK Blvd. 08-43-45-21-04-000-0070 Vacant Lot 2 times per month-2 & 4 Wednesday $52.00 $3,320.00 Contract Price+CO9 7 211 NE 9th Avenue 08-43-45-21-18-000-1700 Vacant Lot 2 times per month-2 & 4 Wednesday $52.00 $3,372.00 8 231 NE 9th Avenue 08-43-45-21-18-000-1650 Vacant Lot 2 times per month-2 & 4 Wednesday $52.00 Contract Price+CO10 8 235 NE 9th Avenue 08-43-45-21-18-000-1640 Vacant Lot 2 times per month-2 & 4 Wednesday $52.00 $3,528.00 Transfer to City Lots 154, 155 & 156 NE 9th Ave & NE 3rd Street 08-43-45-21-18-000-1540 Vacant Lot 2 times per month-2 & 4 Wednesday $52.00 Contract Price+CO11 Transfer to City 1001 N. Railroad Ave.08-43-45-21-18-000-1510 Lot w/ house to be demo'd-Marcus Spence 2 times per month-2 & 4 Wednesday $52.00 $3,788.00 Contract Price+CO12 Sold to Faith Based CDC 402 NW 12th Avenue 08-43-45-21-14-000-4150 Vacant Lot 2 times per month-2 & 4 Wednesday $52.00 $3,736.00 Transfer to BB Condo 1110-1102 N. Federal Hwy. 08-43-45-21-32-002-0211/0201 Vacant Lots 2 times per month-2 & 4 Wednesday $52.00 Contract Price+CO13 9 407 NE 1st Street 08-43-45-21-18-000-0051 Kalliantas Property 2 times per month-2 & 4 Wednesday $52.00 $3,788.00 10 106 NE 3rd Avenue 08-43-45-21-30-001- 0110/0120 Vacant Lot 2 times per month-2 & 4 Wednesday $52.00 Contract Price+CO14 Transfer to Habitat 545 NW 11th Avenue 08-43-45-21-14-000-3580 Palm Beach County Land Available Sale 2 times per month-2 & 4 Wednesday $52.00 $3,888.00 BOYNTON BEACH CRA PROPERTIES Lawn Maintenance Schedule with Vincent and Sons Landscaping CATEGORY ONE: Improved Properties CATEGORY TWO: Vacant Lots Cottage District NE 9th AVNUE MLK BLVD. MISC. VACANT LOT T:\PROPERTY OWNED BY CRA\01 PROPERTY INVENTORY & MAPS\01-CRA Property Inventory Spreadsheet 558 Lot ID # Address Parcel ID Structure or Lot? Schedule Monthly Service Price Quarterly Special Services Price Annual Special Services Price (4 times per year)Original Contract Price $1,382.00 Contract Price+CO15 $4,048.00 2 221 E. MLK Blvd.08-43-45-21-27-001-0220 Tax Deed Purchase 2 times per month-2 & 4 Wednesday $52.00 Contract Price+CO16 3 Lots 11/12 & 13 E MLK Blvd. (2 Lots total @ $52.00 per lot) 08-43-45-21-27-001-0120 & 08-43-45-21-27-001-0110 Larann Vacant Lots 2 times per month-2 & 4 Wednesday $104.00 $4,256.00 $156.00 Contract Price+CO17 $4,308.00 15 MARINA - 110 NE 6th Street & 725 Casa Loma Blvd. 08-43-45-27-03-000-0132 & 08- 43-45-27-60-003-0000 Improved Property Every 10 days $100.00 Contract Price+CO18 $4,360.00 11 407-409 E. Boynton Beach Blvd.08-43-45-21-18-000- 0060/0051/0040 Bldgs demo'd sod added 2 times per month-2 & 4 Fridays $104.00 Contract Price+CO19 $4,412.00 Contract Price+CO20 Sold to Pulte 115 NE 4th Avenue 08-43-45-21-29-003-0052 Bldg. being demo'd 2 times per month-2 & 4 Fridays $52.00 $4,464.00 Contract Price+CO21 $4,360.00 Transfer to City Lots 154, 155 & 156 NE 9th Ave & NE 3rd Street 08-43-45-21-18-000-1540 Vacant Lot 2 times per month-2 & 4 Wednesday -$52.00 Contract Price+CO22 Transfer to City 1001 N. Railroad Ave.08-43-45-21-18-000-1510 Lot w/ house to be demo'd-Marcus Spence 2 times per month-2 & 4 Wednesday -$52.00 $4,412.00 -$104.00 Contract Price+CO23 $4,464.00 Contract Price+CO24 16 508 E Boynton Beach Blvd.08-43-45-28-03-001-0060 Building & Parking Lot 2 times per month $160.00 $4,516.00 Contract Price+CO25 $4,568.00 Transfer to Habitat 545 NW 11th Avenue 08-43-45-21-14-000-3580 Palm Beach County Land Available Sale - Habitat 2 times per month-2 & 4 Wednesday -$52.00 Contract Price+CO26 $4,620.00 14 115 N. Fed. Hwy.08-43-45-28-03-006-0010 Litter/Garbage Pickup; Mon & Fri - $130 per week (previous contract was for Mon, Wed & Fri $195 per week - $780 monthly) Mon & Fri every week $520.00 We are getting 4 1/2 months of free litter pick up because we were double billed for March, April, May-2021 under old contract. $780 x 3 months = $2,340 $520 x 4.5 months = $2340 So $520 under new contract will not begin billing until November. We get July, August, Sept., October and 1/2 of November at no charge. Contract Price+CO27 Sold to Faith Based CDC 404 NW 12th Avenue 08-43-45-21-14-000-4140 Vacant Lot PBCHA Auction 2 times per month-2 & 4 Wednesday $52.00 $4,412.00 Contract Price+CO28 $4,464.00 Change Order #9 - added to contract Change Order #5 - deduct from contract Change Order #1 - added to contract Change Order #2 - added to contract Change Order #6 - added to contract Change Order #4 - added to contract Change Order #7 - deducted to contract Change Order #8 - added to contract Change Order #10 - added to contract Change Order #3 - added to contract T:\PROPERTY OWNED BY CRA\01 PROPERTY INVENTORY & MAPS\01-CRA Property Inventory Spreadsheet 559 Lot ID # Address Parcel ID Structure or Lot? Schedule Monthly Service Price Quarterly Special Services Price Annual Special Services Price (4 times per year)Original Contract Price 17 511-529 E. Ocean Avenue 08-43-45-28-03-006-0100 08-43-45-28-03-006-0111 08-43-45-28-03-006-0120 Bldg. being demo'd 2 times per month-2 & 4 Fridays $156.00 Contract Price+CO29 $4,516.00 Contract Price+CO30 13 Parking Lots @ NE 4th Street & NE 1st Ave 08-43-45-28-03-001-0080 08-43-45-28-03-001-0100 Litter/Garbage Pickup; Mon & Fri - $65 per week Mon & Fri every week $260.00 $3,862.00 Contract Price+CO31 $4,022.00 Transfer to BB Condo 1110-1102 N. Federal Hwy. 08-43-45-21-32-002-0211/0201 Vacant Lots 2 times per month-2 & 4 Wednesday -$52.00 Contract Price+CO32 $4,074.00 Contract Price+CO33 Sold to Pulte 133 NE 4th Avenue 08-43-45-21-29-003-0031 Bldg. being demo'd 2 times per month-2 & 4 Fridays $52.00 $4,282.00 Contract Price+CO34 $4,334.00 15 MARINA - 110 NE 6th Street & 725 Casa Loma Blvd. 08-43-45-27-03-000-0132 & 08- 43-45-27-60-003-0000 Improved Property Every 7 days (4 times per month)$100.00 Contract Price+CO35 $4,386.00 Contract Price+CO36 18 209 N Seacrest Blvd.08-43-45-28-10-004-0221 Improved Property 2 times per month $160.00 $3,002.00 Contract Price+CO37 $2,898.00 212 NW 3rd Court 08-43-45-21-07-001-1180 $208.00 Contract Price+CO38 222 NW 3rd Court 08-43-45-21-07-001-1160 $4,298.00 219 West Boynton Beach Boulevard 08-43-45-21-07-001-1120 Contract Price+CO39 225 West Boynton Beach Boulevard 08-43-45-21-07-001-1131 $4,350.00 Contract Price+CO40 $4,766.00 19 Lot 177 NW 2nd Street 08-43-45-21-07-001-1771 Vacant Lot 2 times per month $52.00 Contract Price+CO41 $5,778.75 20 433 West Boynton Beach Blvd.08-43-45-21-15-000-0830 Vacant Lot 2 times per month $52.00 21 Lot 26 NE 10th Ave (E. MLK)08-43-45-21-27-001-0260 Vacant Lot 2 times per month $52.00 This is the Bride of Christ Lot that we sold to them and it was reverted back to the CRA because they could not finance the daycare project. 22 1101 N. Fed. Hwy 08-43-45-21-32-008-0010 Vacant Lot 2 times per month $52.00 Ho Property Transferred from City to CRA Change Order #11 - added to contract Change Order #12 - deducted from contract 2 times per month Change Order #15 - added to contract Change Order #14 - added to contract Change Order #13 - added to contract Change Order #20 - added to contract Change Order #19 - added to contract Change Order #18 - added to contract Change Order #17 - added to contract Change Order #16 - added to contract Now being maintained by OHLA for FDOT staging area for BB Blvd. Streetscape Vacant Lot T:\PROPERTY OWNED BY CRA\01 PROPERTY INVENTORY & MAPS\01-CRA Property Inventory Spreadsheet 560 Lot ID # Address Parcel ID Structure or Lot? Schedule Monthly Service Price Quarterly Special Services Price Annual Special Services Price (4 times per year)Original Contract Price Sold to Faith Based CDC 402 Vacant Lot 2 times per month -$52.00 Sold to Faith Based CDC 404 Vacant Lot 2 times per month -$52.00 23 Lots 348-350 NW 11th Ave 08-43-45-21-14-000-3480 Vacant Lot 2 times per month $52.00 24 1111 S Federal Hwy 08-43-45-28-24-000-0120 Vacant Lot 2 times per month $52.00 25 1022 N Federal Hwy 08-43-45-21-32-003-0200 Vacant Lot 2 times per month $52.00 26 507 NW 12th Avenue 08-43-45-21-14-000-4360 Vacant Lot 2 times per month $52.00 27 524 NW 3rd Street 08-43-45-21-16-000-0150 Vacant Lot 2 times per month $52.00 212 NW 3rd Court 08-43-45-21-07-001-1180 -$208.00 222 NW 3rd Court 08-43-45-21-07-001-1160 219 West Boynton Beach Boulevard 08-43-45-21-07-001-1120 225 West Boynton Beach Boulevard 08-43-45-21-07-001-1131 28 1017 N. Railroad Ave.08-43-45-21-04-000-0011 Vacant Lot 2 times per month $52.00 3 321 E MLK Blvd.08-43-45-21-27-001-015-Structure to be demo'd 2 times per month $52.00 Sold to Pulte Cottage District Lots 2 times per month -$550.00 Sold to Pulte 115 NE 4th Ave 08-43-45-21-29-003-0052 Structure to be demo'd 2 times per month -$52.00 Sold to Pulte 133 NE 4th Ave 08-43-45-21-29-003-0031 Structure to be demo'd 2 times per month -$52.00 29 419 N Seacrest Blvd.08-43-45-21-07-001-1450 Structure-Qtryly maintenance will be $100 per quarter.2 times per month $160.00 $100.00 3 323-325 E MLK Blvd.08-43-45-21-27-001-0140 Structure to be demo'd 2 times per month $52.00 212 NW 3rd Court 08-43-45-21-07-001-1180 222 NW 3rd Court 08-43-45-21-07-001-1160 219 West Boynton Beach Boulevard 08-43-45-21-07-001-1120 Change Order #25 - added to contract Change Order #26 - added to contract Change Order #21 - deduct from contract Change Order #23 - added to contract Change Order #24 - added to contract Change Order #22 - added to contract Change Order #30 - deducted from contract Change Order #28 - add to contract Change Order #27 - deduct from contract FDOT staging area for BB Streetscape project Vacant Lot 2 times per month Change Order #29 - added to contract Change Order #32 - added to contract Change Order #31 - added to contract Change Order #33 - added to contract 30 FDOT staging area for BB Streetscape project has been completed and sod has been installed and is now back on the CRA maintenance schedule 2 times per month T:\PROPERTY OWNED BY CRA\01 PROPERTY INVENTORY & MAPS\01-CRA Property Inventory Spreadsheet 561 Lot ID # Address Parcel ID Structure or Lot? Schedule Monthly Service Price Quarterly Special Services Price Annual Special Services Price (4 times per year)Original Contract Price 225 West Boynton Beach Boulevard 08-43-45-21-07-001-1131 $208.00 8 225 NE 9th Avenue 08-43-45-21-18-000-1660 Vacant Lot 2 times per month $52.00 31 135 NE 3rd Avenue 08-43-45-21-30-002-0210 Vacant Lot 2 times per month $52.00 115 N. Federal Hwy. Parking Lot 08-43-45-28-03-006-0010 Parking Lot 2 times per month-2 & 4 Fridays (original contract price)-$97.00 -$123.75 -$495.00 115 N. Federal Hwy. Parking Lot 08-43-45-28-03-006-0010 Litter/Garbage Pickup; Mon & Fri - $130 per week Mon & Fri every week (CO #8)-$520.00 NE 4th Street & NE 1st Avenue - City Parking Lot 08-43-45-28-03-001-0080 Parking Lot 2 times per month-2 & 4 Fridays (original contract price)-$191.00 -$825.00 -$3,300.00 Parking Lots @ NE 4th Street & NE 1st Ave 08-43-45-28-03-001-0080 08-43-45-28-03-001-0100 Litter/Garbage Pickup; Mon & Fri - $65 per week Mon & Fri every week (CO #11)-$260.00 508 E Boynton Beach Blvd.08-43-45-28-03-001-0060 Building & Parking Lot 2 times per month (CO #6)-$160.00 511-529 E. Ocean Avenue 08-43-45-28-03-006-0100 08-43-45-28-03-006-0111 08-43-45-28-03-006-0120 Bldg. being demo'd 2 times per month-2 & 4 Fridays (CO #10)-$156.00 -$1,384.00 Sold to Maple Tree Investments-USPS Retail Store 407-409 E. Boynton Beach Blvd.08-43-45-21-18-000- 0060/0051/0040 Bldgs demo'd sod added 2 times per month-2 & 4 Fridays -$104.00 -$6.00 -$24.00 27 480 W. Boynton Beach Blvd. 08-43-45-28-15-071-0010 Bldg. being demo'd 2 times per month-shrubs trees 1 time per month $1,400.00 28 1102-1110 N. Federal Hwy. 08-43-45-22-49-000-0010 08-43-45-22-49-000-0020 08-43-45-22-49-000-0030 08-43-45-22-49-000-0040 Vacant Lot 2 times per month-shrubs trees 1 time per month $52.00 Change Order #37 - deducted from contract Change Order #36 - deducted from contract Transferred to BBQOZ, LLC for The Pierce project Change Order #35 - added to contract Change Order #40 - added to contract Change Order #39 - added to contract Change Order #34 - added to contract the CRA maintenance schedule Change Order #38 - added to contract T:\PROPERTY OWNED BY CRA\01 PROPERTY INVENTORY & MAPS\01-CRA Property Inventory Spreadsheet 562 Lot ID # Address Parcel ID Structure or Lot? Schedule Monthly Service Price Quarterly Special Services Price Annual Special Services Price (4 times per year)Original Contract Price 27 449 NW 1st Ave. 450 W. BB Blvd. 203 NW 3rd St. 411 NW 1st Ave. 421 NW 1st Ave. NW 1st Ave. NW 1st Ave. NW 1st Ave. 08-43-45-28-27-000-0054 08-43-45-28-27-000-0052 08-43-45-28-10-001-0071 08- 43-45-28-11-000-0121 08-43- 45-28-11-000-0100 08-43-45- 28-11-000-0081 08-43-45-28- 11-000-0072 08-43-45-28-11- 000-0071 8 Vacant Lots $52.00 per lot 2 times per month-shrubs trees 1 time per month $416.00 27 444 W. BB Blvd. Monthly Maint. $135.00 Qrtly Maint. as needed $400.00 432 W. BB Blvd. Monthly Maint. $185.00 Qrtly Maint. as needed $400.00 416 W. Boynton Beach Blvd. Monthly Maint. $342.75 Qrtly Maint. as needed $275.00 221 NW 3rd Street Monthly Maint. $175.00 Qrtly Maint. as needed $125.00 215 NW 3rd Street Monthly Maint. $175.00 Qrtly Maint. as needed $125.00 08-43-45-28-27-000-0051 08-43-45-28-11-000-0050 08-43-45-28-11-000-0010 08-43-45-28-10-001-0010 08-43-45-28-10-001-0031 5 Improved Properties to be demo'd 2 times per month $1,012.75 $1,325.00 $53,00.00 Change Order #41 - added to contract T:\PROPERTY OWNED BY CRA\01 PROPERTY INVENTORY & MAPS\01-CRA Property Inventory Spreadsheet 563 •Attachment I - Fully Executed Ocean One TIRFA •Attachment II - Fully Executed First Amendment Ocean One TIRFA •Attachment III - 4.27.26 Ltr BB1 Request for Extension of Construction Commencement COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: May 12, 2026 CONSENT AGENDA AGENDA ITEM 11.H SUBJECT: Approval of BB1 Development, LLC's Request for Extension of Construction Commencement per the First Amendment to the Tax Increment Revenue Funding Agreement f or the Ocean One Project located at 114-222 N. Federal Highway SUMMARY: On June 6, 2024, the CRA and BB1 Development, LLC (“BB1”) entered into a Tax Increment Revenue Funding Agreement (TIRFA)(see Attachment I). The First Amendment to the TIRFA was approved by the CRA Board and executed on December 10, 2025 (see Attachment II). The amendment was made to Section 9. of the TIRFA allowing the Developer to request a six month extension if construction of the project did not commence by June 6, 2026. BB1 has requested a six month extension per their letter dated April 27, 2026 and provided as Attachment III. FISCAL IMPACT: N/A CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan District CRA BOARD OPTIONS: Approve BB1 Development, LLC's Request for Extension of Construction Commencement per the First Amendment to the Tax Increment Revenue Funding Agreement f or the Ocean One Project located at 114-222 N. Federal Highway ATTACHMENTS: Description 564 6 June 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 619 620 621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 665 666 667 668 669 670 671 672 673 674 675 676 677 678 679 680 681 682 683 684 685 686 687 688 689 April 27, 2026 Sent via Email: SheltonR@bbfl.us Chairwoman Shelton City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 Dear Chairwoman Shelton, BB1 Owner, LLC (successor in interest to BB1 Development LLC) (“Owner”) is the owner and developer of the Property located at 114-122 North Federal Highway, Boynton Beach Florida (“Property”). As you may also know, we have all funding in place to commence and complete construction of the approved mixed-use development comprised of approximately 25,000 square feet of commercial and 371 residential dwelling units (“Project”) and we are in the process of obtaining the land development permit (“LDP”) or early works permit which will enable us to commence construction activities including demolition, excavation or preparing the site for development of the Project in accordance the City Building and Zoning Code. In accordance with that certain First Amendment of the Tax Increment Revenue Funding Agreement dated December 10, 2025 (“TIRFA”), we are required to commence construction by June 6, 2026 (“Construction Commencement Date”). While we believe we are very close to obtaining the LDP or early works permit for the Project, in an abundance of caution, we are requesting an extension in accordance with Section 9 of the TIRFA agreement to extend the Construction Commencement Date for 6 months in the event there is any delay on the part of the City issuing the permit in time. Section 9 of the TIRFA allows us to request the extension provided we demonstrate that we have made a good faith effort to comply with the deadline. Owner has been in direct contact with city officials and has been working diligently with the planning and engineering department to address all outstanding issues. As confirmation of this effort, BB1 received a Letter of Technical Compliance on March 24th, 2026 from the City of Boynton Beach Planning and Development Department acknowledging our efforts to obtain the LDP and stating that our plans are within code. Owner then delivered all items outlined in the Letter of Technical Compliance, including the latest civil plans, an updated address plan, updated materials specifications, and among other items. A LDP pre-construction meeting was then held between Owner, internal City officials and the applicable Utility Departments and inspectors (public works, engineering and facilities) on Thursday, April 16th, which confirmed that the only items outstanding were an update to the replat formatting, the surety bond to the City for the civil work in the right of way, and the payment of the permitting fees. As we believe that we have met the required good faith effort, we would respectfully request that you schedule this extension request on the May CRA meeting agenda for review and approval. Should the board agree, we would respectfully request that the CRA Director or Board Chair sign in the space provided below to confirm such approval. 690 Respectfully, Rob Vecsler Authorized Representative BB1 Owner, LLC CC: CRA authorized representative CRA Director or Board Chair __________________________________ Name: Title: 691 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: May 12, 2026 CONSENT AGENDA AGENDA ITEM 11.I SUBJECT: Approval of the First Amendment to the Tax Increment Revenue Funding Agreement with BB North LLC for The Villages located at 405 E. Ocean Avenue SUMMARY: BB North LLC is the owner of the approximately 3.37 acre site known as The Villages located at 405 E. Ocean Avenue. The mixed-use project includes 336 residential rental apartments, 668 parking spaces, 8,000 square feet of retail and restaurant space, two plazas and a linear park along the railroad right-of-way that acts as a pedestrian connection between Boynton Beach Boulevard and Ocean Avenue. On November 21, 2024, the CRA approved a Tax Increment Revenue Financing Agreement (TIRFA) in the amount of $9.1 million (see Attachment I). As part of the TIRFA, the developer will rent a 1,000 square foot neighborhood coffee shop at 50% market rental rate for 15 years as well as provide 120 metered public parking spaces restricted for use by the public. The BBCRA would receive 30% of the parking revenue generated from the public parking spaces. As part of Section 3.4.a of the TIRFA, BB North LLC is required to provide all air conditioners, all of which shall be Energy Star Qualified with a minimum of SEER 16. On April 15, 2026, BB North LLC requested an amendment on this condition of the TIRFA because the SEER testing standard has changed. BB North LLC is therefore requesting approval of the First Amendment (see Attachment II) which provides updated language as follows: Section 3.4.a of the Agreement is hereby amended as set forth below, with underlined text indicating language to be added: Developer shall provide all air conditioners, all of which shall be Energy Star Qualified with a minimum of SEER 16, as that standard existed on January 7, 2025, or the equivalent as determined in the sole discretion of the City of Boynton Beach Building Official. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approve the First Amendment to the Tax Increment Revenue Funding Agreement with BB North LLC for The Villages located at 405 E. Ocean Avenue 692 •Attachment I - Executed TIRFA •Attachment II - First Amendment to the TIRFA ATTACHMENTS: Description 693 694 695 696 697 698 699 700 701 702 703 704 705 706 707 708 709 710 711 712 713 714 715 716 717 718 719 720 721 722 723 FIRST AMENDMENT TO TAX INCREMENT REVENUE FUNDING AGREEMENT This First Amendment to Tax Increment Revenue Funding Agreement (“First Amendment”) is made and entered into to be effective upon the last signature of the parties below, by and between BB North, LLC, a Florida limited liability company, with a business address of with a business address of 6000 SW 74th St, 4th Floor, South Miami, FL 33143 (hereinafter the “Developer”) and the Boynton Beach Community Redevelopment Agency, a public agency created pursuant to Chapter 163, Part III of the Florida Statutes with a business address of 100 East Ocean Avenue, Boynton Beach, Florida 33435 (hereinafter the “CRA”) (collectively the “Parties”). WHEREAS, the CRA and Developer entered into that certain Tax Increment Revenue Funding Agreement dated January 7, 2025 (hereinafter “Agreement”), relating to development of the Project, as more fully defined and described in the Agreement; and WHEREAS, the Parties desire to amend the Agreement as hereinafter provided; 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) The recitals above and all other information above are hereby incorporated herein as if fully set forth. 2) Unless otherwise expressly defined herein, all terms used herein shall have the same meanings given to such terms in the Agreement. 3) Section 3.4.a of the Agreement is hereby amended as set forth below, with underlined text indicating language to be added: a. Developer shall provide all air conditioners, all of which shall be Energy Star Qualified with a minimum of SEER 16, as that standard existed on January 7, 2025, or the equivalent as determined in the sole discretion of the City of Boynton Beach Building Official. 4) Except as expressly set forth in this First Amendment, the Agreement is unmodified and remains in full force and effect, and is hereby ratified and confirmed by the Developer and the CRA. This First Amendment may be executed in any number of counterparts, and one and all of which shall constitute the agreement of the Parties and each of which shall be deemed an original. To the extent of any conflict between the Agreement and this First Amendment, this First Amendment shall control. [SIGNATURES ON FOLLOWING PAGE] 724 4935-0643-9591, v. 1 IN WITNESS WHEREOF, the parties hereto set their hands and seals the day and year first above written. WITNESSES BB NORTH, LLC a Florida limited liability company ______________________________ By:________________________________ Print Name: ____________________ Print Name: ________________________ Title: ______________________________ ______________________________ Print Name: ____________________ STATE OF _________ COUNTY OF ________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this ____ day of _____, 20 ____, by ____________________ as representative for the BB NORTH, LLC, who is personally known to me or who has produced _____________________as identification. ________________________________ Notary Public, State of Florida ________________________________ Name Commission No. _____________ Commission Expiration ________ [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [CRA SIGNATURE ON FOLLOWING PAGE] 725 4935-0643-9591, v. 1 WITNESSES BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ______________________________ By:________________________________ Print Name: ____________________ Print Name: ________________________ Title: ______________________________ ______________________________ Print Name: ____________________ STATE OF _________ COUNTY OF ________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this ____ day of _____, 20 ____, by ____________________ as representative for the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY who is personally known to me or who has produced _____________________as identification. ________________________________ Notary Public, State of Florida ________________________________ Name Commission No. _____________ Commission Expiration ________ [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 726 •Attachment I - Financial Policies and Procedures Manual COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: May 12, 2026 PULLED CONSENT AGENDA ITEMS AGENDA ITEM 12.A SUBJECT: Request for Authorization to Open Money Market Account - TABLED ON APRIL 14, 2026 TO A DATE CERTAIN ON MAY 12, 2026 SUMMARY: This item is to request the formal authorization of the Board to allow the BBCRA Executive Director to open a Money Market account on behalf of the BBCRA, consistent with the BBCRA’s duly adopted financial policies and procedures, and to deposit funds from the BBCRA’s TD Bank account into the money market account (see Attachment I). The purpose of this request is to allow the BBCRA to have access to better interest rates on funds that are not immediately required for disbursal. CRA BOARD OPTIONS: 1. Authorize the BBCRA Executive Director to open a Money Market account consistent with duly adopted CRA policies and Florida Statutes on behalf of the BBCRA and deposit funds in the same from time to time . 2. Do not authorize the BBCRA Executive Director to open Money Market account. 3. Other options as determined by the Board. NOTE: Underlined text added for Board consideration while item was tabled. ATTACHMENTS: Description 727 1 2 FINANCIAL POLICIES AND PROCEDURES MANUAL Updated September 2018 728 2 2 TABLE OF CONTENTS Page I. Introduction 3 II. Internal Controls 4-6 III. Budget Policy 7-10 IV. Procurement Policy 11-45 V. Cash and Investment Policy 46-55 VI. Accounting Policies and Procedures a. Cash Disbursement Policy 56-60 b. Petty Cash 62-63 c. Revenues Sources and Accounts Receivable 64-67 d. Capital Assets 68-70 e. Debt Service 71-72 f. Payroll and Benefits 73-74 VII. Monthly Closing Procedures 75-76 VIII. Year End Financial Reporting and GASB 34 Journal Entries 77-78 IX. Appendix a. Resolution 06-03 b. Petty Cash Form c. Resolution 05-14 d. Resolution R10-111 (City of Boynton Beach) 729 3 2 I. INTRODUCTION This manual has been prepared to document the budget policies, procurement policies and internal accounting procedures for the Boynton Beach Community Redevelopment Agency (CRA). Its purpose is to ensure that adequate internal controls are in place operating effectively ensuring the safeguard of assets, that financial statements are in conformity with generally accepted accounting principles, and that finances are managed with responsible stewardship. All personnel with a role in the management of the CRA’s fiscal operations are expected to uphold the policies and procedures in this manual. It is the intention of CRA management that this financial manual serves as our commitment to proper, accurate financial management and reporting. 730 4 2 II. INTERNAL CONTROLS The purpose of this section is to communicate the importance, objectives and assignment of responsibility of internal controls of the CRA. Internal controls are of critical significance to the CRA. The proper and adequate internal controls ensure the safeguarding of assets, effectiveness and efficiency of operations, reliance on financial reporting and compliance with applicable laws and regulations. The following components must be in place to ensure internal controls are operating effectively. Control Environment A positive control environment is the foundation for all other standards. It provides discipline and structure as well as the climate which influences the quality of internal control. The CRA Board, Executive Director, and department heads (or equivalents) are responsible for setting a tone of accountability, high ethical standards and professional business conduct expectations. Management and employees must establish and maintain an environment throughout the organization that sets a positive and supportive attitude toward internal control and conscientious management. Information and Communication The entity must have relevant, reliable, and timely communications relating to internal as well as external events. Information is needed throughout the agency to achieve all of its objectives. The Executive Director (or designee) is responsible for insuring that adequate internal control structure is in place. In this role, the Executive Director’s office will insure that appropriate documentation and guidance exists in the form of financial policies and procedures, incorporation of business rules and controls into the financial system. Financial policies will describe the Control Activities which create a system of checks and balances to ensure that management’s directives are carried out. 731 5 2 II. INTERNAL CONTROLS (Continued) Risk Assessment Risk assessment is the identification and analysis of relevant risks associated with achieving the objectives, such as those defined in strategic and community redevelopment plans, and forming a basis for determining how risks should be managed. Internal control should provide for an assessment of the risks the agency faces from both external and internal sources. Management needs to comprehensively identify risks and should consider all significant interactions between the CRA and other parties as well as internal factors at both the entity-wide level and activity level. Identifying CRA specific risk and establishing appropriate internal controls to manage these risk, should be aligned with the strategic objectives of the CRA. Monitoring Internal control monitoring should assess the quality of performance over time and ensure that the findings of audits and other reviews are promptly resolved. Internal control should generally be designed to assure that ongoing monitoring occurs in the course of normal operations. It is performed continually and is ingrained in the agency’s operations. The Finance Director will produce monthly financial reports which must be presented and reviewed by the CRA Board. In addition, periodic review of established procedures and any specific follow up inquiries must be performed by the Department heads and the supervisor of the individual responsible for the activity. Control Activity Control activities are the policies, procedures, techniques, and mechanisms that enforce management’s directives, such as the process of adhering to requirements for budget development and execution. They help ensure that actions are taken to address risks. Control activities are an integral part of an entity’s planning, implementing, reviewing, and accountability for stewardship of resources and achieving effective results. 732 6 2 II. INTERNAL CONTROLS (Continued) Some components of control activities, which are embedded in our procedures, include: Segregation of Duties Segregation of duties reduces the likelihood of errors and irregularities. An individual is not to have responsibility for more than one of the following: authorization, custody and record keeping. For example, when the work of one employee is checked by another, and when the responsibility for custody for assets is separate from the responsibility for maintaining records relating to those assets, there is appropriate segregation of duties. Authorization Procedures Authorization procedures need to include a thorough review of supporting information to verify the propriety and validity of transactions. Approval authority is to be commensurate with the nature and significance of the transactions and in compliance with CRA policy. Department heads are likely individuals to receive authorization responsibility. Qualifications of Personnel Qualifications of personnel need to be competent and trustworthy, with clearly established lines of authority and responsibility documented in written job descriptions and procedures manuals. Personnel need to be provided adequate training and ongoing development. 733 7 III. BUDGET POLICY The annual operating budget is developed annually by the CRA Executive Department, Finance Department, Department Heads and the CRA Board. The Budget reflects the policies adopted by the CRA Board and must be in accordance with the CRA redevelopment plans, and applicable laws and regulations. FINANCIAL STRUCTURE The Budget is designed to coordinate with the CRA’s financial accounting system in order to facilitate an orderly and expeditious transition from budget adoption to financial control. A brief explanation of the types and purposes of budgeted funds is presented below, as follows: Governmental Fund Types Governmental funds are those through which most governmental functions of the CRA are financed. The acquisition, use, and balances of the CRA’s expendable financial resources and the related liabilities are accounted for through governmental funds. The measurement focus is on determination of changes in financial position, rather than net income. The following are the CRA’s governmental fund types: General Fund - The General fund is the general operating fund of the CRA. All Tax Increment revenues and other receipts that are not allocated by law or contractual agreement to another fund are accounted for in this fund. The general operating expenditures, fixed charges, and capital improvement costs that are not paid through other funds are paid from the General Fund. Debt Service Funds - Debt service funds are used to account for the annual payment of principal, interest, and other expenditures on general long-term debt. Capital Projects Funds - Capital projects funds are used to account for financial resources segregated for the acquisition, construction of major capital projects and the cost of programs and services as recommended and appropriated by the CRA Board. 734 8 III. BUDGET POLICY (Continued) BASIS OF BUDGETING The budget is in accordance with Generally Accepted Accounting Principles (GAAP) with the following exceptions: • Advances from other funds are presented as revenues. • Encumbrances, advances to other funds, and principal on long-term debt of the other funds are presented as expenditures or expenses. • Depreciation and compensated absences are not budgeted in any funds. The GAAP basis of accounting for governmental funds is modified accrual. Under the modified accrual basis, revenues are recognized when measurable and available to finance the CRA operations. Available means collectible within the current period or soon enough thereafter to be used to pay liabilities of the current period. Expenditures (decreases in net financial resources) are recognized in the accounting period in which the related fund liabilities are incurred as long as it is measurable. Compensated absences are an exception, which are recognized when due. The Tax Increment revenues are recorded as revenues when received. Licenses and permits, fines and forfeitures, charges for services, and other revenues (except investment earnings) are recorded as revenues when received in cash because they are generally not measurable until actually received. Interest and investment income is recorded as revenue when earned. BUDGET DEVELOPMENT PROCESS The budget process begins with the direction of the CRA Board as it strives to meet the redevelopment needs of the CRA district. Every CRA Board meeting involves deliberation about which projects and services will be funded and at what cost. CRA employees provide the perspective of professionals as to the most efficient and effective way to implement CRA Board policy. Residents have the opportunity to express their preferences for CRA projects and services through discussions at CRA public board meetings, as well as individual meetings with CRA staff and Board members. 735 9 III. BUDGET POLICY (Continued) BUDGET DEVELOPMENT PROCESS (Continued) CRA staff provides monthly budget to actual reports to regularly monitor the current budget and to develop recommendations for the upcoming fiscal year budget. The budget process is comprised of several phases, all of which are facilitated by the Finance Department: budget development, adoption, and monitoring. Budget Development The budget development phase is the beginning step in the development of the next year’s budget. During the month of June, the CRA Executive Director receives from the Palm Beach Property Appraiser assessed valuations of properties within the CRA district. The Finance Director applies proposed millage rates from the City of Boynton Beach and Palm Beach County to the assessed valuations to determine preliminary TIF revenues. Simultaneously, or prior to June, the Executive Director and the Finance Director meet with all department heads and review all requests and departmental goals for the upcoming fiscal year. Department heads review the options for the upcoming budget using the CRA board policy directives as an overall guide of the CRA’s general direction. Based upon their review, the draft budget is refined and the draft budget is finalized with department heads. A draft budget of the General, Project and Debt Service Fund for the next fiscal year is prepared. The draft budget is presented to the CRA Board at the budget workshop meeting(s) held in August. In this meeting the CRA Executive Director presents a recommended budget and asks the CRA Board to provide request for budget modifications and policy direction for the upcoming fiscal year. The budget document is revised and presented during the September board meeting. Budget Adoption The adoption stage is the final step in the development of the budget. It begins with the CRA Finance Director presenting a comprehensive proposed budget for the upcoming fiscal year in September. During this meeting, the CRA Board accepts and approves the budget by resolution. Subsequent to approval the Finance Director loads the budget to the Financial System (Incode). 736 10 III. BUDGET POLICY (Continued) Monitoring The monitoring of the budget is an on-going year round process. In September, the Finance staff loads the adopted budget into the accounting system for the implementation of the budget. The Finance Director determines the appropriate monitoring procedures for the fiscal year (i.e. approval process for budgeted purchases, budget transfers, review of budget shifts within a single department’s budget). All throughout the fiscal year, the Finance Director and department heads review purchase and personnel requisitions to ensure compliance with budgeted amounts. Monthly financial reports are prepared and distributed to the CRA Board. The Finance Director holds periodic budget reviews with each department to ensure budgetary compliance of budgeted revenues and expenditures. The CRA board considers allocations from General Fund Contingencies and other budget amendments to reflect adjustments in appropriations when necessary based upon actual expenditures during the year. BUDGET AMENDMENT PROCESS The annual budget is approved by the CRA Board at the fund level. Budget amendment increases in the fund level budget must be approved by the CRA Board. Line item budget amendment transfers or changes between departments can be made by the CRA Executive Director or the Finance Director, provided the overall fund level budget is not modified. Budget Amendment Process During the fiscal year the Finance Director conducts periodic monitoring of the budget and actual financial results. If needed a budget amendment is conducted as follows: 1. Prepare fiscal impact analysis 2. Prepare budget amendment resolution for CRA Board approval 3. After board approval, post budget transfer in Financial System (Incode) 737 11 IV. PROCUREMENT POLICY (This document was approved by the CRA Board on 1/12/16. It is a standalone document inserted into the Financial Policies and Procedures Manual.) Executive Summary The Boynton Beach Community Redevelopment Agency (“CRA”) has developed this policy to establish public confidence in the procurement process, ensure compliance with Florida Statutory requirements, ensure that all persons and entities involved in the procurement process are treated fairly and equitably, and provide the CRA with quality economical goods and services in a timely manner. The CRA strives to conduct all procurement matters in an open and ethical manner, without conflicts of interest, favoritism, or the appearances of impropriety. This procurement policy is intended to provide clarity and guidance with regard to the CRA’s procurement of goods and services and to establish an effective purchasing program that maximizes the value obtained by the CRA in the expenditure of public funds through free and open competition between the most qualified, responsive, and responsible persons or entities interested in providing goods and services to the CRA in a timely manner. The CRA reserves the rights to waive, review, supplement, or rescind any policy or portion of the CRA’s Procurement Policy from time to time as it deems appropriate. CRA personnel will be notified of any changes to the CRA Procurement Policy as they occur. This document serves as a general guide, but specific questions or concerns which are not addressed here should be directed to the Purchasing Principal. The CRA will endeavor to comply with the fundamental premise of fairness though implementation of this Procurement Policy. 738 12 IV. PROCUREMENT POLICY(Continued) Table of Contents Definitions ........................................................................................................................ pg.13 1. Application.................................................................................................................. pg.14 2. Competitive Solicitation Requirements .................................................................. pg.14 3. Exclusions .................................................................................................................... pg.15 4. Exceptions ................................................................................................................... pg.16 5. Obtaining Quotes ....................................................................................................... pg.17 6. Competitive Solicitation Procedures ....................................................................... pg.17 7. Alternative Procedures .............................................................................................. pg.21 8. Donations .................................................................................................................... pg.22 9. Waiver .......................................................................................................................... pg.22 10. Conflict ...................................................................................................................... pg.23 11. Public Records .......................................................................................................... pg.23 12. Compliance with this Procurement Policy ........................................................... pg.24 Appendices Appendix A: Exceptions ............................................................................................... pg.25 Appendix B: Auditor Selection: § 218.391, Florida Statutes ...................................... pg.27 Appendix C: Construction: § 255.20, Florida Statutes ................................................ pg.30 Appendix D: Professional Services: § 287.055, Florida Statutes ................................ pg.38 739 13 IV. PROCUREMENT POLICY(Continued) Definitions Best means the highest overall value to the CRA based on factors that include, but are not limited to, price, quality, design, timeliness, workmanship, and responsibility. This definition does not apply to the word “best” when it is used in the phrase “best interest.” Competitive Selection means the process of requesting and receiving bids, proposals, replies, or other requested responses submitted by responsive and responsible bidders in accordance with the terms of a competitive process, regardless of the method of procurement. Competitive Solicitations means Invitations to Bid, Invitations to Negotiate, Requests for Proposals, Requests for Qualifications, or other similar requests for bids, proposals, replies, responses, and the like. CCNA means the Consultants’ Competitive Negotiation Act found in §287.055, Florida Statutes, as it may be amended from time to time. CRA means the Boynton Beach Community Redevelopment Agency. ITB means Invitation to Bid. ITN means Invitation to Negotiate. Negotiate, or any form of that word, means to conduct legitimate, arms length discussions and conferences to reach an agreement on a term or price. Procurement Policy means this document and any and all appendices and modifications thereto. Professional Services means “those services within the scope of the practice of architecture, professional engineering, landscape architecture, or registered surveying and mapping, as defined by the laws of the state, or those performed by any architect, professional engineer, landscape architect, or registered surveyor and mapper in connection with his or her professional employment or practice,” or however else it may be defined in § 287.055, Florida Statutes, as it may be amended from time to time. Project, when capitalized, means the provision of work and materials that was the subject of the applicable solicitation documents. Purchasing Principal means the Executive Director of the CRA, or his or her designee. RFI means Request for Information. RFP means Request for Proposals. RFQ means Request for Qualifications. Vendor means an entity that supplies a commodity or service, including a contractual service. 740 14 IV. PROCUREMENT POLICY(Continued) 1. Application This Procurement Policy applies to the procurement of commodities and contractual services, except that this policy shall not apply to the procurement of auditors, construction contracts, or professional services. For procurement of auditors, construction contracts, or professional services, the CRA will follow the requirements of the following statutes: a. Auditor Selection shall be as provided for in § 218.391, Florida Statutes, as it may be amended from time to time. Appendix B outlines the auditor selection procedures required at the time of this Procurement Policy’s enactment, but should be updated annually to comply with any changes in statutory requirements. b. Public Construction/Works shall be procured as provided for in § 255.20, Florida Statutes, as it may be amended from time to time. Appendix C outlines the public construction/works procurement procedures required at the time of this Procurement Policy’s enactment, but should be updated annually to comply with any changes in statutory requirements. c. Professional Services shall be procured as provided for in the Consultants’ Competitive Negotiation Act in § 287.055, Florida Statutes, as it may be amended from time to time. Appendix D outlines the process for procuring Professional Services procedures required at the time of this Procurement Policy’s enactment, but should be updated annually to comply with any changes in statutory requirements. In the event of a conflict between this Procurement Policy and any Florida Statute, the statute shall control and that word, phrase, or section of this Procurement Policy shall have no effect. In that circumstance, the remainder of this Procurement Policy shall remain in full force and effect. 2. Competitive Solicitation for Commodities and Contractual Services Unless otherwise required by § 287.057, Florida Statutes, another provision of the Florida Statutes, or this Procurement Policy, the CRA will use the competitive solicitation procedures for the purchase of and services in accordance with the following processes and with authorization from the following authorities: 741 15 IV. PROCUREMENT POLICY(Continued) Category Purchase Dollar Amount Quotation Process Required Authorization Provided By Purchase Order Type Category A $1.00 through $1,999.99 No Quotation Purchasing Principal or Department Head Direct Payment or Credit Card Category B $2,000.00 through $4,999.99 Three Written or Verbal Quotations Purchasing Principal Direct Payment Category C $5,000.00 through $24,999.99 Three Written Quotes Purchasing Principal Direct Payment or Purchase Order Category D $25,000.00 or greater Competitive Solicitation Process CRA Board Purchase Order The CRA will use good-faith estimations in determining the category in which each project falls, and will not divide projects into multiple projects in order to evade the procedures provided in this Procurement Policy. These process requirements are considered the minimum procurement process requirements, and the Purchasing Principal or the CRA Board shall have discretion to determine whether a particular good or service requires a more comprehensive or more stringent process. For example, the Purchasing Principal has the ability to determine that it is in the CRA’s best interest to require that the vendor for a $20,000.00 purchase be selected through a competitive solicitation process. THE SUBMITTAL OF ANY VERBAL QUOTE, WRITTEN QUOTE, OR ANY REPLY, RESPONSE, BID, OR PROPOSAL SUBMITTED IN RESPONSE TO A REQUEST FROM THE CRA CONSTITUTES AN OFFER BY THE VENDOR. 3. Exclusions Under the following circumstances, the CRA may procure commodities or contractual services without receiving competitive sealed bids, competitive proposals, or competitive sealed replies: 742 16 IV. PROCUREMENT POLICY(Continued) a. Emergency. The Executive Director or CRA Board determines, in writing, that an immediate danger to the public health, safety, welfare, or other substantial loss to the CRA requires emergency action. Under such circumstances, the emergency procurement of commodities or contractual services shall be made by obtaining pricing information from at least two prospective vendors, unless the Executive Director or the Board determines in writing that the time it would take to secure pricing information from multiple sources would increase the danger to the public health, safety, welfare, or other substantial loss. CRA will keep the pricing information from the prospective vendors in the contract file. b. Single Source Commodities and Contractual Services. Commodities or contractual services available only from a single source may be exempted from the procurement quotation process requirements. Commodities or contractual services in Category D may be exempted from the competitive solicitation requirements only after: (1) the CRA electronically posts a description of the commodity or contractual service sought for at least seven business days in accordance with 287.057(3)(c); (2) the CRA reviews the information received from prospective vendors; (3) the CRA determines in writing that the commodities or contractual services are only available from a single source; and (4) the CRA provides notice that it intends to enter a single-source purchase contract as specified in §120.57(3), Fla. Stat. 4. Exceptions to Competitive Solicitation The following commodities and contractual services are not required to be competitively solicited: a. Artistic services (excluding advertising); design services b. Lectures by individuals c. Legal services, including attorney, paralegal, expert witness, appraisal, court reporter, or mediator services, and other related expenses of claims or litigation d. Services or commodities provided by governmental entities e. Academic program reviews (if the fee is $50,000.00 or less) f. Court-ordered fines and judgments resulting from litigation g. Court-ordered fees, resulting from the judicial process, processed by the Clerk of the Court, and charged against the appropriate budget for such fees h. Sole source items in accordance with section III (b) above. i. Purchases that “piggyback” on existing government contracts in accordance with section VII (b) below. j. Intergovernmental purchases and agreements 743 17 IV. PROCUREMENT POLICY(Continued) k. Multiple quantities of a single item of common operational supplies l. Other items listed in Appendix A 5. Obtaining Quotes For purchases of goods or services in Category B, the Purchasing Principal will request verbal quotations from three different companies and document the results of such requests through email or other memorandum. Each verbal quotation must be for the same or a substantially similar item or service for purchase, and must be for the same or a substantially similar quantity of the item or service. For purchases of goods or services in Category C, the Purchasing Principal shall request at least three written quotes. Each written Quote should detail the price, quantity, and description of each item for purchase. Vendors must provide a written quote within any time period designated by the CRA. The Purchasing Principal will then review the quotes and obtain any necessary employee input regarding which vendor has submitted the best, responsive, and responsible quote that meets the required specifications. Written quotes must have the name and signature of the individual person providing the quote. For purposes of this paragraph, an email signature block may constitute a signature. 6. Competitive Solicitation Procedures For purchases of goods or services in Category D, the CRA will use the Competitive Selection process to obtain a vendor through the use of Competitive Solicitations. All Competitive Solicitations will: • be made available simultaneously to all vendors; • include the date and time for the receipt of bids, proposal and replies; • include the date and time of the public opening, where applicable; include all contractual terms and conditions applicable to procurement, including the criteria to be used in determining acceptability and the relative merit of the bid, proposal, or reply; and • include a reference to this procurement policy. a. Forms of Solicitations: i. Invitations to Bid. The CRA will use an Invitation to Bid (“ITB”) when the CRA is capable of specifically defining the scope of work for which a contractual service is required, or when the CRA is able to establish precise specifications 744 18 IV. PROCUREMENT POLICY(Continued) defining the actual commodity or group of commodities required. Unless otherwise provided by law, the CRA will publically advertise an ITB no less than 10 calendar days prior to the bid opening. ITBs issued by the CRA will include a detailed description of the commodities or contractual services sought. If the ITB is for a renewable contract, the ITB will contain a statement to that effect, and bids submitted in response to an ITB for a renewable contract will include the price for each year for which the contract may be renewed. The CRA will take into account the total cost for each year of the contract, including renewal years, when awarding the contract. The CRA will award the contract to the best, responsible, and responsive bidder who submits the lowest responsive bid. Requests for Proposals: The CRA will use a Request for Proposals (“RFP”) when the CRA can specifically define the commodities or contractual services being sought and the CRA is capable of identifying the necessary deliverables. The CRA may allow vendors to propose different combinations or versions of commodities or contractual services to meet the specifications in the RFP. Before issuing an RFP, the CRA will determine and specify in writing the reasons that procurement by ITB is not practicable. Unless otherwise provided by law, the CRA will advertise an RFP no less than 14 calendar days prior to the proposal opening. RFPs issued by the CRA will include a description of the commodities or contractual services sought and the relative importance of price and other evaluation criteria. If the CRA contemplates renewal of the contract, the RFP will contain a statement to that effect. When evaluating the proposals, the CRA will consider criteria including but not limited to: 1. Price, which must be specified in the proposal; 2. If the CRA contemplates renewal of the contract, the price for each year for which the contract may be renewed; 745 19 IV. PROCUREMENT POLICY(Continued) 3. The total cost for each year of the contract, including renewal years, as submitted by the vendor; and 4. The prior relevant experience of the vendor. The CRA will award the contract by written notice to the responsive and responsible bidder whose proposal is determined in writing to be the most advantageous to the CRA, taking into consideration the price and other criteria set forth in the RFP. The CRA will retain a file that contains documentation supporting the basis on which the award is made. Such file will be retained for so long as is required by Florida laws. ii. Invitation to Negotiate: The CRA will use an ITN when the CRA desires to determine the best method for achieving a specific goal or solving a particular problem and identifies one or more responsive vendors with which the CRA may negotiate in order to receive the best value. Before issuing an ITN, the CRA will determine and specify in writing the reasons that procurement by an invitation to bid or a request for proposal is not practicable. The ITN must describe the questions being explored, the facts being sought, and the specific goals or problems that are the subject of the solicitation. The ITN will also specify the criteria that will be used for determining the acceptability of the reply and guiding the selection of the vendors for negotiation with the CRA. In selecting vendors with which to negotiate, the CRA will consider the prior relevant experience of the vendor. The CRA will evaluate replies against all evaluation criteria set forth in ITN in order to establish a competitive range of replies reasonably susceptible of award. The CRA may select one or more vendors within the competitive range with which to commence negotiations. After negotiations are conducted, the CRA will award the contract to the responsible and responsive vendor that the agency determines will provide the best value to the CRA, based on the selection criteria. The CRA will retain a contract file for that contains a short plain statement that explains the basis for the selection of the vendor and 746 20 IV. PROCUREMENT POLICY(Continued) that sets forth the vendor’s deliverables and price, pursuant to the contract, along with an explanation of how these deliverables and price provide the best value to the CRA. iii. Request for Information: Unless otherwise provided by law, the CRA will advertise an RFI no less than 14 calendar days prior to the response opening. The request will include a description of the information sought. Responses to these requests are not offers and may not be accepted by the CRA in the form of a binding contract. Rather, the CRA may uses these responses in determining its needs with regard to the good or service and in developing an RFP, RFQ, ITB, or ITN related to the purchase of the good or service. b. Required Language. The CRA will include the following language in every solicitation for the procurement of competitive solicitation: Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee, officer or board member of the CRA concerning any aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response. c. Bidder or Proposer Questions; Addenda: Any questions regarding a bid or proposal must be submitted in writing by the deadline specified in the solicitation document. The CRA will answer all questions in writing, and will provide the questions asked and the written answers to all bidders or proposers in the form of addenda. All addenda are automatically deemed a part of the solicitation document. d. Responses to Solicitations: Bids or proposals must be submitted in the form requested by the solicitation document, must provide all requested information (include price), and must be signed by a legal officer of the company. If the bid or proposal fails to meet these conditions, the bid or proposal is subject to disqualification or rejection. Failure to properly execute the official signature page the bid or proposal or failure to include the total price may result in automatic disqualification of the bid or proposal. 747 21 IV. PROCUREMENT POLICY(Continued) e. Cancel, Re-Issue, Re-Bid. The CRA reserves the right to reject all bids or proposals, and either 1) rebid or reissue the project, or 2) elect not to proceed with the project. f. Less Than Two Responses: If the CRA receives less than two (2) responsive bids, proposals, or replies for commodity or contractual service solicitations, the CRA may negotiate on the best terms and conditions. If this occurs, the CRA will document the reasons that negotiating is in the best interest of the CRA rather than re-soliciting. g. Bonds: Unless specifically exempted by the CRA in writing, all successful bidders and proposers shall be required to furnish a legally sufficient payment and performance surety bond as security for their faithful performance of the Project and for payment of all labor and materials provided in connection with the Project. The bond must be equal in amount to the cost of the Project, inclusive of any changes to the project from the original bid, and must be delivered to the CRA simultaneous with the executed contract. This bidder or proposer is responsible for recording a copy of the bond in the public records of Palm Beach County. If an attorney-in-fact signs the bond, the attorney-in-fact must file a certificate an effective power of attorney with the bond. h. Insurance: All successful bidders and proposers shall be required to obtain, at their own expense, all insurance required by the CRA. The CRA will specify the insurance required in the solicitation document or resulting contract. The insurance required must cover all claims resulting from damage to property, personal injury, or death caused by the vendor’s actions, omissions, equipment, personnel, and negligence. 7. Alternative Procedures a. Cooperative Procurement. Unless otherwise prohibited by law or grant agreement terms, the Purchasing Principal is authorized to negotiate with other public procurement officials for the conduct of joint procurement on behalf of each participating agency where, in the judgment of the Purchasing Principal, doing so would leverage the benefits of volume purchases, create clear delivery and/or supply chain advantages, and/or create a demonstrable or substantial reduction of administrative time and expense. 748 22 IV. PROCUREMENT POLICY(Continued) b. Piggybacking. In accordance with §189.053, Florida Statutes, as may be amended from time to time, the CRA may purchase commodities and contractual services (other than Professional Services) and may procure contracts from the purchasing agreements of other special districts, municipalities, or counties which have been procured pursuant to competitive bid, requests for proposals, requests for qualifications, competitive selection, or competitive negotations, and which are otherwise in compliance with the general law so long as: i. The purchasing agreement from the other entity was procured by a process that would have met the procurement requirements of the CRA; ii. The vendor(s) agree(s) to the “piggybacking” arrangement in writing; iii. The procured commodities or services do not substantially differ in specification, quality or price from the terms of the original agreement. The “piggybacked” contract must be consistent with its solicitation and contract parameters and restrictions; c. Other Forms of Procurement. The CRA may utilize any other forms of procurement or any other forms of contracts allowed by Florida Law that are not otherwise provided for in this Procurement Policy. Nothing in this Procurement Policy shall be construed to limit the CRA’s use of other forms of procurement or contracts that are not provided for herein, so long as such procurement of contracting is legally is sufficient and permitted. 8. Donations Unless otherwise provided by law, nothing in this Procurement Policy shall be construed to prevent the CRA from accepting donations, gifts, or grants of construction, goods, professional services, or services directly to the CRA where, in the judgment and discretion of the Executive Director of the CRA, there are not improper conditions or restraints imposed or suggested in connection with any such donation, gift, or grant. 9. Waiver Notwithstanding any other provision in this Procurement Policy, and to the extent allowed by law, when examining the responses to competitive solicitations, the CRA retains the rights to: (1) waive any formalities, minor 749 23 IV. PROCUREMENT POLICY(Continued) technical inconsistencies, or conditions; (2) delete any item or requirement from such bidding request; and (3) accept or reject all bids. The CRA retains these rights whether or not such waiver or deletion is requested by any party, so long as such waiver, deletion, or rejection is deemed to be in the CRA’s best interest. 10. Conflict In the event of a conflict between this Procurement Policy and any Florida Statute or other law or ordinance, the statute, law, or ordinance shall prevail over this Procurement Policy. 11. Public Records The CRA is a public agency subject to Chapter 119, Florida Statutes. Any vendor or contractor providing goods or services to the CRA shall comply with Florida’s Public Records Law. Specifically, the vendor or contractor shall: a. Keep and maintain public records that ordinarily and necessarily would be required by the CRA in order to provide the goods or perform the services being procured by the CRA; b. 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, Florida Statutes, or as otherwise provided by law; c. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and d. Meet all requirements for retaining public records and transfer to the CRA, at no cost, all public records in possession of the vendor or contractor upon termination of the agreement between the vendor or contractor and the CRA, 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 CRA. All vendors or contractors that provide goods or services to the CRA agree that the CRA may disclose any document in connection with procurement of goods or services or any agreement for the procurement of goods or services, so long as 750 24 IV. PROCUREMENT POLICY(Continued) the document is not exempt or confidential and exempt from public records requirements. 12. Compliance with the Procurement Policy By providing a good or service to the CRA, the vendor or contractor agrees to comply with the provisions of this procurement policy. Failure of a vendor or contractor to comply with the terms of this procurement policy may be deemed as a default or breach of contract and provide cause for termination of the contract. 751 25 APPENDIX A Specific Examples of Exceptions to Competitive Solicitation 1) Utilities, toll charges, gas cards, and postage 2) Dues and memberships in trade or professional organizations 3) Subscriptions for periodicals, advertisements, copyrighted material 4) Professional medical services, authorized hospitality expenses – 287.057(e)(5) 5) Debt Service payments processed by the Accounting Department and charged against budgetary accounts 6) Part-time and temporary labor and employees 7) Job-related travel, seminars, tuition registration and training 8) Consultant Services, unless otherwise provided by law. For example, services covered by §§ 287.055 (CCNA) and 218.391 (Auditor Selection) of the Florida Statues would not be exempt from Competitive Solicitation. Anytime this exemption is utilized, a justification as to why consultant services should be or cannot be competitively solicited shall be provided to the Purchasing Principal for approval prior to entering into a contract for that service. The Purchasing Principal will determine, on an individual basis, whether the exemption is applicable. 9) Real Property Acquisition, such as land, easements, rights-of-way, existing buildings, structures, or improvements, resulting from negotiations and approved by the Board 10) Title insurance, title commitments, title searches, and ownership and encumbrance searches and real estate appraisal services to determine the market value of real property 11) Exceptional disbursements as authorized by the Board 12) Cash transfers and investment transactions for fiscal management purposes, processed through the Accounting Department, and disbursed from general ledger accounts 13) Refunds of current or prior year revenues charged against budgetary accounts 14) Grant disbursements to federal, state, or local government agencies, or to private groups or agencies 15) Insurance including but not limited to liability, vehicles, property, medical, and workers compensation insurance or payment from any loss fund established for such purchase 16) Political lobbying services 752 26 17) Transactions by Interlocal Agreement 18) Permitting Fees 19) Security services by off-duty law enforcement personnel 20) Camp programs including admission fees to parks, movies, entertainment venues, etc. 21) Services provided by non-profit organizations, educational institutions, governmental and quasi-governmental agencies 22) Purchases under Tax Savings Program 23) Real Estate Broker 24) Special Event Services – promotion, marketing, facility, entertainment, equipment rentals 25) Payroll 26) Real Estate Taxes 27) Testing or Instructional Material 28) Appraisers 753 27 APPENDIX B Auditor Selection: § 218.391, Florida Statutes The version of this statute contained in this Appendix is current as of December 2015. Before relying on the text in this Appendix it is critical that the user check for any updates to this statute. The user should rely only on the most current version of the statute. 218.391 Auditor selection procedures.— (1) Each local governmental entity, district school board, charter school, or charter technical career center, prior to entering into a written contract pursuant to subsection (7), except as provided in subsection (8), shall use auditor selection procedures when selecting an auditor to conduct the annual financial audit required in s. 218.39. (2) The governing body of a charter county, municipality, special district, district school board, charter school, or charter technical career center shall establish an audit committee. Each noncharter county shall establish an audit committee that, at a minimum, shall consist of each of the county officers elected pursuant to s. 1(d), Art. VIII of the State Constitution, or a designee, and one member of the board of county commissioners or its designee. The primary purpose of the audit committee is to assist the governing body in selecting an auditor to conduct the annual financial audit required in s. 218.39; however, the audit committee may serve other audit oversight purposes as determined by the entity’s governing body. The public shall not be excluded from the proceedings under this section. (3) The audit committee shall: (a) Establish factors to use for the evaluation of audit services to be provided by a certified public accounting firm duly licensed under chapter 473 and qualified to conduct audits in accordance with government auditing standards as adopted by the Florida Board of Accountancy. Such factors shall include, but are not limited to, ability of personnel, experience, ability to furnish the required services, and such other factors as may be determined by the committee to be applicable to its particular requirements. (b) Publicly announce requests for proposals. Public announcements must include, at a minimum, a brief description of the audit and indicate how interested firms can apply for consideration. (c) Provide interested firms with a request for proposal. The request for proposal shall include information on how proposals are to be evaluated and such other information the committee determines is necessary for the firm to prepare a proposal. 754 28 (d) Evaluate proposals provided by qualified firms. If compensation is one of the factors established pursuant to paragraph (a), it shall not be the sole or predominant factor used to evaluate proposals. (e) Rank and recommend in order of preference no fewer than three firms deemed to be the most highly qualified to perform the required services after considering the factors established pursuant to paragraph (a). If fewer than three firms respond to the request for proposal, the committee shall recommend such firms as it deems to be the most highly qualified. (4) The governing body shall inquire of qualified firms as to the basis of compensation, select one of the firms recommended by the audit committee, and negotiate a contract, using one of the following methods: (a) If compensation is not one of the factors established pursuant to paragraph (3)(a) and not used to evaluate firms pursuant to paragraph (3)(e), the governing body shall negotiate a contract with the firm ranked first. If the governing body is unable to negotiate a satisfactory contract with that firm, negotiations with that firm shall be formally terminated, and the governing body shall then undertake negotiations with the second-ranked firm. Failing accord with the second-ranked firm, negotiations shall then be terminated with that firm and undertaken with the third-ranked firm. Negotiations with the other ranked firms shall be undertaken in the same manner. The governing body, in negotiating with firms, may reopen formal negotiations with any one of the three top-ranked firms, but it may not negotiate with more than one firm at a time. (b) If compensation is one of the factors established pursuant to paragraph (3)(a) and used in the evaluation of proposals pursuant to paragraph (3)(d), the governing body shall select the highest-ranked qualified firm or must document in its public records the reason for not selecting the highest-ranked qualified firm. (c) The governing body may select a firm recommended by the audit committee and negotiate a contract with one of the recommended firms using an appropriate alternative negotiation method for which compensation is not the sole or predominant factor used to select the firm. (d) In negotiations with firms under this section, the governing body may allow a designee to conduct negotiations on its behalf. (5) The method used by the governing body to select a firm recommended by the audit committee and negotiate a contract with such firm must ensure that the agreed-upon compensation is reasonable to satisfy the requirements of s. 218.39 and the needs of the governing body. (6) If the governing body is unable to negotiate a satisfactory contract with any of the recommended firms, the committee shall recommend additional firms, and 755 29 negotiations shall continue in accordance with this section until an agreement is reached. (7) Every procurement of audit services shall be evidenced by a written contract embodying all provisions and conditions of the procurement of such services. For purposes of this section, an engagement letter signed and executed by both parties shall constitute a written contract. The written contract shall, at a minimum, include the following: (a) A provision specifying the services to be provided and fees or other compensation for such services. (b) A provision requiring that invoices for fees or other compensation be submitted in sufficient detail to demonstrate compliance with the terms of the contract. (c) A provision specifying the contract period, including renewals, and conditions under which the contract may be terminated or renewed. (8) Written contracts entered into pursuant to subsection (7) may be renewed. Such renewals may be done without the use of the auditor selection procedures provided in this section. Renewal of a contract shall be in writing. History.—s. 65, ch. 2001-266; s. 1, ch. 2005-32. 756 30 APPENDIX C Construction: § 255.20, Florida Statutes The version of this statute contained in this Appendix is current as of December 2015. Before relying on the text in this Appendix it is critical that the user check for any updates to this statute and to Chapter 255, Florida Statutes as a whole. The user should rely only on the most current version of the statute. 255.20 Local bids and contracts for public construction works; specification of state-produced lumber.— (1) A county, municipality, special district as defined in chapter 189, or other political subdivision of the state seeking to construct or improve a public building, structure, or other public construction works must competitively award to an appropriately licensed contractor each project that is estimated in accordance with generally accepted cost-accounting principles to cost more than $300,000. For electrical work, the local government must competitively award to an appropriately licensed contractor each project that is estimated in accordance with generally accepted cost-accounting principles to cost more than $75,000. As used in this section, the term “competitively award” means to award contracts based on the submission of sealed bids, proposals submitted in response to a request for proposal, proposals submitted in response to a request for qualifications, or proposals submitted for competitive negotiation. This subsection expressly allows contracts for construction management services, design/build contracts, continuation contracts based on unit prices, and any other contract arrangement with a private sector contractor permitted by any applicable municipal or county ordinance, by district resolution, or by state law. For purposes of this section, cost includes the cost of all labor, except inmate labor, and the cost of equipment and materials to be used in the construction of the project. Subject to the provisions of subsection (3), the county, municipality, special district, or other political subdivision may establish, by municipal or county ordinance or special district resolution, procedures for conducting the bidding process. (a) Notwithstanding any other law, a governmental entity seeking to construct or improve bridges, roads, streets, highways, or railroads, and services incidental thereto, at a cost in excess of $250,000 may require that persons interested in performing work under contract first be certified or qualified to perform such work. A contractor may be considered ineligible to bid if the contractor is behind by 10 percent or more on completing an approved progress schedule for the governmental entity at the time of advertising the work. A prequalified contractor considered eligible by the Department of Transportation to bid to perform the type of work described under the contract is presumed to be qualified to perform the work described. The governmental entity may provide an appeal process to overcome that 757 31 presumption with de novo review based on the record below to the circuit court. (b) For contractors who are not prequalified by the Department of Transportation, the governmental entity shall publish prequalification criteria and procedures prior to advertisement or notice of solicitation. Such publications must include notice of a public hearing for comment on such criteria and procedures prior to adoption. The procedures must provide for an appeal process within the authority for making objections to the prequalification process with de novo review based on the record below to the circuit court within 30 days. (c) The provisions of this subsection do not apply: 1. If the project is undertaken to replace, reconstruct, or repair an existing public building, structure, or other public construction works damaged or destroyed by a sudden unexpected turn of events such as an act of God, riot, fire, flood, accident, or other urgent circumstances, and such damage or destruction creates: a. An immediate danger to the public health or safety; b. Other loss to public or private property which requires emergency government action; or c. An interruption of an essential governmental service. 2. If, after notice by publication in accordance with the applicable ordinance or resolution, the governmental entity does not receive any responsive bids or proposals. 3. To construction, remodeling, repair, or improvement to a public electric or gas utility system if such work on the public utility system is performed by personnel of the system. 4. To construction, remodeling, repair, or improvement by a utility commission whose major contracts are to construct and operate a public electric utility system. 5. If the project is undertaken as repair or maintenance of an existing public facility. For the purposes of this paragraph, the term “repair” means a corrective action to restore an existing public facility to a safe and functional condition and the term “maintenance” means a preventive or corrective action to maintain an existing public facility in an operational state or to preserve the facility from failure or decline. Repair or maintenance includes activities that are necessarily incidental to repairing or maintaining the facility. Repair or maintenance does not include the construction of any new building, structure, or other public construction works or any substantial 758 32 addition, extension, or upgrade to an existing public facility. Such additions, extensions, or upgrades shall be considered substantial if the estimated cost of the additions, extensions, or upgrades included as part of the repair or maintenance project exceeds the threshold amount in subsection (1) and exceeds 20 percent of the estimated total cost of the repair or maintenance project using generally accepted cost- accounting principles that fully account for all costs associated with performing and completing the work, including employee compensation and benefits, equipment cost and maintenance, insurance costs, and materials. An addition, extension, or upgrade shall not be considered substantial if it is undertaken pursuant to the conditions specified in subparagraph 1. Repair and maintenance projects and any related additions, extensions, or upgrades may not be divided into multiple projects for the purpose of evading the requirements of this subparagraph. 6. If the project is undertaken exclusively as part of a public educational program. 7. If the funding source of the project will be diminished or lost because the time required to competitively award the project after the funds become available exceeds the time within which the funding source must be spent. 8. If the local government competitively awarded a project to a private sector contractor and the contractor abandoned the project before completion or the local government terminated the contract. 9. If the governing board of the local government complies with all of the requirements of this subparagraph, conducts a public meeting under s. 286.011 after public notice, and finds by majority vote of the governing board that it is in the public’s best interest to perform the project using its own services, employees, and equipment. The public notice must be published at least 21 days before the date of the public meeting at which the governing board takes final action. The notice must identify the project, the components and scope of the work, and the estimated cost of the project using generally accepted cost- accounting principles that fully account for all costs associated with performing and completing the work, including employee compensation and benefits, equipment cost and maintenance, insurance costs, and materials. The notice must specify that the purpose for the public meeting is to consider whether it is in the public’s best interest to perform the project using the local government’s own services, employees, and equipment. Upon publication of the public notice and for 21 days thereafter, the local 759 33 government shall make available for public inspection, during normal business hours and at a location specified in the public notice, a detailed itemization of each component of the estimated cost of the project and documentation explaining the methodology used to arrive at the estimated cost. At the public meeting, any qualified contractor or vendor who could have been awarded the project had the project been competitively bid shall be provided with a reasonable opportunity to present evidence to the governing board regarding the project and the accuracy of the local government’s estimated cost of the project. In deciding whether it is in the public’s best interest for the local government to perform a project using its own services, employees, and equipment, the governing board must consider the estimated cost of the project and the accuracy of the estimated cost in light of any other information that may be presented at the public meeting and whether the project requires an increase in the number of government employees or an increase in capital expenditures for public facilities, equipment, or other capital assets. The local government may further consider the impact on local economic development, the impact on small and minority business owners, the impact on state and local tax revenues, whether the private sector contractors provide health insurance and other benefits equivalent to those provided by the local government, and any other factor relevant to what is in the public’s best interest. 10. If the governing board of the local government determines upon consideration of specific substantive criteria that it is in the best interest of the local government to award the project to an appropriately licensed private sector contractor pursuant to administrative procedures established by and expressly set forth in a charter, ordinance, or resolution of the local government adopted before July 1, 1994. The criteria and procedures must be set out in the charter, ordinance, or resolution and must be applied uniformly by the local government to avoid awarding a project in an arbitrary or capricious manner. This exception applies only if all of the following occur: a. The governing board of the local government, after public notice, conducts a public meeting under s. 286.011 and finds by a two-thirds vote of the governing board that it is in the public’s best interest to award the project according to the criteria and procedures established by charter, ordinance, or resolution. The public notice must be published at least 14 days before the date of the public meeting at which the governing board takes final action. The notice must identify the project, the estimated cost of 760 34 the project, and specify that the purpose for the public meeting is to consider whether it is in the public’s best interest to award the project using the criteria and procedures permitted by the preexisting charter, ordinance, or resolution. b. The project is to be awarded by any method other than a competitive selection process, and the governing board finds evidence that: (I) There is one appropriately licensed contractor who is uniquely qualified to undertake the project because that contractor is currently under contract to perform work that is affiliated with the project; or (II) The time to competitively award the project will jeopardize the funding for the project, materially increase the cost of the project, or create an undue hardship on the public health, safety, or welfare. c. The project is to be awarded by any method other than a competitive selection process, and the published notice clearly specifies the ordinance or resolution by which the private sector contractor will be selected and the criteria to be considered. d. The project is to be awarded by a method other than a competitive selection process, and the architect or engineer of record has provided a written recommendation that the project be awarded to the private sector contractor without competitive selection, and the consideration by, and the justification of, the government body are documented, in writing, in the project file and are presented to the governing board prior to the approval required in this paragraph. 11. To projects subject to chapter 336. (d) If the project: 1. Is to be awarded based on price, the contract must be awarded to the lowest qualified and responsive bidder in accordance with the applicable county or municipal ordinance or district resolution and in accordance with the applicable contract documents. The county, municipality, or special district may reserve the right to reject all bids and to rebid the project, or elect not to proceed with the project. This subsection is not intended to restrict the rights of any local government to reject the low bid of a nonqualified or nonresponsive bidder and to award the contract to any other qualified and responsive bidder in accordance with the standards and procedures of any applicable county or municipal ordinance or any resolution of a special district. 761 35 2. Uses a request for proposal or a request for qualifications, the request must be publicly advertised and the contract must be awarded in accordance with the applicable local ordinances. 3. Is subject to competitive negotiations, the contract must be awarded in accordance with s. 287.055. (e) If a construction project greater than $300,000, or $75,000 for electrical work, is started after October 1, 1999, is to be performed by a local government using its own employees in a county or municipality that issues registered contractor licenses, and the project would require a contractor licensed under chapter 489 if performed by a private sector contractor, the local government must use a person appropriately registered or certified under chapter 489 to supervise the work. (f) If a construction project greater than $300,000, or $75,000 for electrical work, is started after October 1, 1999, is to be performed by a local government using its own employees in a county that does not issue registered contractor licenses, and the project would require a contractor licensed under chapter 489 if performed by a private sector contractor, the local government must use a person appropriately registered or certified under chapter 489 or a person appropriately licensed under chapter 471 to supervise the work. (g) Projects performed by a local government using its own services and employees must be inspected in the same manner required for work performed by private sector contractors. (h) A construction project provided for in this subsection may not be divided into more than one project for the purpose of evading this subsection. (i) This subsection does not preempt the requirements of any small-business or disadvantaged-business enterprise program or any local-preference ordinance. (j) A county, municipality, special district as defined in s. 189.012, or any other political subdivision of the state that owns or operates a public-use airport as defined in s. 332.004 is exempt from this section when performing repairs or maintenance on the airport’s buildings, structures, or public construction works using the local government’s own services, employees, and equipment. (k) A local government that owns or operates a port identified in s. 403.021(9)(b) is exempt from this section when performing repairs or maintenance on the port’s buildings, structures, or public construction works using the local government’s own services, employees, and equipment. 762 36 (l) A local government that owns or operates a public transit system as defined in s. 343.52, a public transportation system as defined in s. 343.62, or a mass transit system described in s. 349.04(1)(b) is exempt from this section when performing repairs or maintenance on the buildings, structures, or public construction works of the public transit system, public transportation system, or mass transit system using the local government’s own services, employees, and equipment. (m) Any contractor may be considered ineligible to bid by the governmental entity if the contractor has been found guilty by a court of any violation of federal labor or employment tax laws regarding subjects such as safety, tax withholding, workers’ compensation, reemployment assistance or unemployment tax, social security and Medicare tax, wage or hour, or prevailing rate laws within the past 5 years. (2) The threshold amount of $300,000 for construction or $75,000 for electrical work, as specified in subsection (1), must be adjusted by the percentage change in the Engineering News-Record’s Building Cost Index from January 1, 2009, to January 1 of the year in which the project is scheduled to begin. (3)(a) All county officials, boards of county commissioners, school boards, city councils, city commissioners, and all other public officers of state boards or commissions that are charged with the letting of contracts for public work, for the construction of public bridges, buildings, and other structures must specify in the contract lumber, timber, and other forest products produced and manufactured in this state, if wood is a component of the public work, and if such products are available and their price, fitness, and quality are equal. (b) This subsection does not apply: 1. To plywood specified for monolithic concrete forms. 2. If the structural or service requirements for timber for a particular job cannot be supplied by native species. 3. If the construction is financed in whole or in part from federal funds with the requirement that there be no restrictions as to species or place of manufacture. 4. To transportation projects for which federal aid funds are available. (4) Any qualified contractor or vendor who could have been awarded the project had the project been competitively bid has standing to challenge a local government’s actions to determine if the local government has complied with this section. The prevailing party in such action is entitled to recover its reasonable attorney’s fees. 763 37 History.—s. 1, ch. 61-495; s. 1, ch. 94-175; s. 4, ch. 95-310; s. 5, ch. 95-341; s. 1, ch. 99- 181; s. 62, ch. 2002-20; s. 9, ch. 2003-286; s. 1, ch. 2009-210; s. 54, ch. 2012-30; s. 4, ch. 2013-193; s. 81, ch. 2014-22. 764 38 APPENDIX D Professional Services: § 287.055, Florida Statutes The version of this statute contained in this Appendix is current as of December 2015. Before relying on the text in this Appendix it is critical that the user check for any updates to this statute. The user should rely only on the most current version of the statute. 287.055 Acquisition of professional architectural, engineering, landscape architectural, or surveying and mapping services; definitions; procedures; contingent fees prohibited; penalties.— (1) SHORT TITLE.—This section shall be known as the “Consultants’ Competitive Negotiation Act.” (2) DEFINITIONS.—For purposes of this section: (a) “Professional services” means those services within the scope of the practice of architecture, professional engineering, landscape architecture, or registered surveying and mapping, as defined by the laws of the state, or those performed by any architect, professional engineer, landscape architect, or registered surveyor and mapper in connection with his or her professional employment or practice. (b) “Agency” means the state, a state agency, a municipality, a political subdivision, a school district, or a school board. The term “agency” does not extend to a nongovernmental developer that contributes public facilities to a political subdivision under s. 380.06 or ss. 163.3220-163.3243. (c) “Firm” means any individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice architecture, engineering, or surveying and mapping in the state. (d) “Compensation” means the amount paid by the agency for professional services regardless of whether stated as compensation or stated as hourly rates, overhead rates, or other figures or formulas from which compensation can be calculated. (e) “Agency official” means any elected or appointed officeholder, employee, consultant, person in the category of other personal service or any other person receiving compensation from the state, a state agency, municipality, or political subdivision, a school district or a school board. (f) “Project” means that fixed capital outlay study or planning activity described in the public notice of the state or a state agency under paragraph (3)(a). A project may include: 765 39 1. A grouping of minor construction, rehabilitation, or renovation activities. 2. A grouping of substantially similar construction, rehabilitation, or renovation activities. (g) A “continuing contract” is a contract for professional services entered into in accordance with all the procedures of this act between an agency and a firm whereby the firm provides professional services to the agency for projects in which the estimated construction cost of each individual project under the contract does not exceed $2 million, for study activity if the fee for professional services for each individual study under the contract does not exceed $200,000, or for work of a specified nature as outlined in the contract required by the agency, with the contract being for a fixed term or with no time limitation except that the contract must provide a termination clause. Firms providing professional services under continuing contracts shall not be required to bid against one another. (h) A “design-build firm” means a partnership, corporation, or other legal entity that: 1. Is certified under s. 489.119 to engage in contracting through a certified or registered general contractor or a certified or registered building contractor as the qualifying agent; or 2. Is certified under s. 471.023 to practice or to offer to practice engineering; certified under s. 481.219 to practice or to offer to practice architecture; or certified under s. 481.319 to practice or to offer to practice landscape architecture. (i) A “design-build contract” means a single contract with a design-build firm for the design and construction of a public construction project. (j) A “design criteria package” means concise, performance-oriented drawings or specifications of the public construction project. The purpose of the design criteria package is to furnish sufficient information to permit design-build firms to prepare a bid or a response to an agency’s request for proposal, or to permit an agency to enter into a negotiated design-build contract. The design criteria package must specify performance-based criteria for the public construction project, including the legal description of the site, survey information concerning the site, interior space requirements, material quality standards, schematic layouts and conceptual design criteria of the project, cost or budget estimates, design and construction schedules, site development requirements, provisions for utilities, stormwater retention and disposal, and parking requirements applicable to the project. (k) A “design criteria professional” means a firm who holds a current certificate of registration under chapter 481 to practice architecture or 766 40 landscape architecture or a firm who holds a current certificate as a registered engineer under chapter 471 to practice engineering and who is employed by or under contract to the agency for the providing of professional architect services, landscape architect services, or engineering services in connection with the preparation of the design criteria package. (l) “Negotiate” or any form of that word means to conduct legitimate, arms length discussions and conferences to reach an agreement on a term or price. For purposes of this section, the term does not include presentation of flat-fee schedules with no alternatives or discussion. (3) PUBLIC ANNOUNCEMENT AND QUALIFICATION PROCEDURES.— (a)1. Each agency shall publicly announce, in a uniform and consistent manner, each occasion when professional services must be purchased for a project the basic construction cost of which is estimated by the agency to exceed the threshold amount provided in s. 287.017 for CATEGORY FIVE or for a planning or study activity when the fee for professional services exceeds the threshold amount provided in s. 287.017 for CATEGORY TWO, except in cases of valid public emergencies certified by the agency head. The public notice must include a general description of the project and must indicate how interested consultants may apply for consideration. 2. Each agency shall provide a good faith estimate in determining whether the proposed activity meets the threshold amounts referred to in this paragraph. (b) Each agency shall encourage firms engaged in the lawful practice of their professions that desire to provide professional services to the agency to submit annually statements of qualifications and performance data. (c) Any firm or individual desiring to provide professional services to the agency must first be certified by the agency as qualified pursuant to law and the regulations of the agency. The agency must find that the firm or individual to be employed is fully qualified to render the required service. Among the factors to be considered in making this finding are the capabilities, adequacy of personnel, past record, and experience of the firm or individual. (d) Each agency shall evaluate professional services, including capabilities, adequacy of personnel, past record, experience, whether the firm is a certified minority business enterprise as defined by the Florida Small and Minority Business Assistance Act, and other factors determined by the agency to be applicable to its particular requirements. When securing professional services, an agency must endeavor to meet the minority business enterprise procurement goals under s. 287.09451. 767 41 (e) The public must not be excluded from the proceedings under this section. (4) COMPETITIVE SELECTION.— (a) For each proposed project, the agency shall evaluate current statements of qualifications and performance data on file with the agency, together with those that may be submitted by other firms regarding the proposed project, and shall conduct discussions with, and may require public presentations by, no fewer than three firms regarding their qualifications, approach to the project, and ability to furnish the required services. (b) The agency shall select in order of preference no fewer than three firms deemed to be the most highly qualified to perform the required services. In determining whether a firm is qualified, the agency shall consider such factors as the ability of professional personnel; whether a firm is a certified minority business enterprise; past performance; willingness to meet time and budget requirements; location; recent, current, and projected workloads of the firms; and the volume of work previously awarded to each firm by the agency, with the object of effecting an equitable distribution of contracts among qualified firms, provided such distribution does not violate the principle of selection of the most highly qualified firms. The agency may request, accept, and consider proposals for the compensation to be paid under the contract only during competitive negotiations under subsection (5). (c) This subsection does not apply to a professional service contract for a project the basic construction cost of which is estimated by the agency to be not in excess of the threshold amount provided in s. 287.017 for CATEGORY FIVE or for a planning or study activity when the fee for professional services is not in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO. However, if, in using another procurement process, the majority of the compensation proposed by firms is in excess of the appropriate threshold amount, the agency shall reject all proposals and reinitiate the procurement pursuant to this subsection. (d) Nothing in this act shall be construed to prohibit a continuing contract between a firm and an agency. (5) COMPETITIVE NEGOTIATION.— (a) The agency shall negotiate a contract with the most qualified firm for professional services at compensation which the agency determines is fair, competitive, and reasonable. In making such determination, the agency shall conduct a detailed analysis of the cost of the professional services required in addition to considering their scope and complexity. For any lump-sum or cost-plus-a-fixed-fee professional service contract over the threshold amount provided in s. 287.017 for CATEGORY FOUR, the agency shall require the 768 42 firm receiving the award to execute a truth-in-negotiation certificate stating that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of contracting. Any professional service contract under which such a certificate is required must contain a provision that the original contract price and any additions thereto will be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such contract adjustments must be made within 1 year following the end of the contract. (b) Should the agency be unable to negotiate a satisfactory contract with the firm considered to be the most qualified at a price the agency determines to be fair, competitive, and reasonable, negotiations with that firm must be formally terminated. The agency shall then undertake negotiations with the second most qualified firm. Failing accord with the second most qualified firm, the agency must terminate negotiations. The agency shall then undertake negotiations with the third most qualified firm. (c) Should the agency be unable to negotiate a satisfactory contract with any of the selected firms, the agency shall select additional firms in the order of their competence and qualification and continue negotiations in accordance with this subsection until an agreement is reached. (6) PROHIBITION AGAINST CONTINGENT FEES.— (a) Each contract entered into by the agency for professional services must contain a prohibition against contingent fees as follows: “The architect (or registered surveyor and mapper or professional engineer, as applicable) warrants that he or she has not employed or retained any company or person, other than a bona fide employee working solely for the architect (or registered surveyor and mapper, or professional engineer, as applicable) to solicit or secure this agreement and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the architect (or registered surveyor and mapper or professional engineer, as applicable) any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this agreement.” For the breach or violation of this provision, the agency shall have the right to terminate the agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. (b) Any individual, corporation, partnership, firm, or company, other than a bona fide employee working solely for an architect, professional engineer, or registered land surveyor and mapper, who offers, agrees, or contracts to solicit or secure agency contracts for professional services for any other 769 43 individual, company, corporation, partnership, or firm and to be paid, or is paid, any fee, commission, percentage, gift, or other consideration contingent upon, or resulting from, the award or the making of a contract for professional services shall, upon conviction in a competent court of this state, be found guilty of a first degree misdemeanor, punishable as provided in s. 775.082 or s. 775.083. (c) Any architect, professional engineer, or registered surveyor and mapper, or any group, association, company, corporation, firm, or partnership thereof, who offers to pay, or pays, any fee, commission, percentage, gift, or other consideration contingent upon, or resulting from, the award or making of any agency contract for professional services shall, upon conviction in a state court of competent authority, be found guilty of a first degree misdemeanor, punishable as provided in s. 775.082 or s. 775.083. (d) Any agency official who offers to solicit or secure, or solicits or secures, a contract for professional services and to be paid, or is paid, any fee, commission, percentage, gift, or other consideration contingent upon the award or making of such a contract for professional services between the agency and any individual person, company, firm, partnership, or corporation shall, upon conviction by a court of competent authority, be found guilty of a first degree misdemeanor, punishable as provided in s. 775.082 or s. 775.083. (7) AUTHORITY OF DEPARTMENT OF MANAGEMENT SERVICES.— Notwithstanding any other provision of this section, the Department of Management Services shall be the agency of state government which is solely and exclusively authorized and empowered to administer and perform the functions described in subsections (3), (4), and (5) respecting all projects for which the funds necessary to complete same are appropriated to the Department of Management Services, irrespective of whether such projects are intended for the use and benefit of the Department of Management Services or any other agency of government. However, nothing herein shall be construed to be in derogation of any authority conferred on the Department of Management Services by other express provisions of law. Additionally, any agency of government may, with the approval of the Department of Management Services, delegate to the Department of Management Services authority to administer and perform the functions described in subsections (3), (4), and (5). Under the terms of the delegation, the agency may reserve its right to accept or reject a proposed contract. (8) STATE ASSISTANCE TO LOCAL AGENCIES.—On any professional service contract for which the fee is over $25,000, the Department of Transportation or the Department of Management Services shall provide, upon request by a municipality, political subdivision, school board, or school district, and upon reimbursement of 770 44 the costs involved, assistance in selecting consultants and in negotiating consultant contracts. (9) APPLICABILITY TO DESIGN-BUILD CONTRACTS.— (a) Except as provided in this subsection, this section is not applicable to the procurement of design-build contracts by any agency, and the agency must award design-build contracts in accordance with the procurement laws, rules, and ordinances applicable to the agency. (b) The design criteria package must be prepared and sealed by a design criteria professional employed by or retained by the agency. If the agency elects to enter into a professional services contract for the preparation of the design criteria package, then the design criteria professional must be selected and contracted with under the requirements of subsections (4) and (5). A design criteria professional who has been selected to prepare the design criteria package is not eligible to render services under a design-build contract executed pursuant to the design criteria package. (c) Except as otherwise provided in s. 337.11(7), the Department of Management Services shall adopt rules for the award of design-build contracts to be followed by state agencies. Each other agency must adopt rules or ordinances for the award of design-build contracts. Municipalities, political subdivisions, school districts, and school boards shall award design- build contracts by the use of a competitive proposal selection process as described in this subsection, or by the use of a qualifications-based selection process pursuant to subsections (3), (4), and (5) for entering into a contract whereby the selected firm will, subsequent to competitive negotiations, establish a guaranteed maximum price and guaranteed completion date. If the procuring agency elects the option of qualifications-based selection, during the selection of the design-build firm the procuring agency shall employ or retain a licensed design professional appropriate to the project to serve as the agency’s representative. Procedures for the use of a competitive proposal selection process must include as a minimum the following: 1. The preparation of a design criteria package for the design and construction of the public construction project. 2. The qualification and selection of no fewer than three design-build firms as the most qualified, based on the qualifications, availability, and past work of the firms, including the partners or members thereof. 3. The criteria, procedures, and standards for the evaluation of design-build contract proposals or bids, based on price, technical, and design aspects of the public construction project, weighted for the project. 771 45 4. The solicitation of competitive proposals, pursuant to a design criteria package, from those qualified design-build firms and the evaluation of the responses or bids submitted by those firms based on the evaluation criteria and procedures established prior to the solicitation of competitive proposals. 5. For consultation with the employed or retained design criteria professional concerning the evaluation of the responses or bids submitted by the design-build firms, the supervision or approval by the agency of the detailed working drawings of the project; and for evaluation of the compliance of the project construction with the design criteria package by the design criteria professional. 6. In the case of public emergencies, for the agency head to declare an emergency and authorize negotiations with the best qualified design- build firm available at that time. (10) REUSE OF EXISTING PLANS.—Notwithstanding any other provision of this section, there shall be no public notice requirement or utilization of the selection process as provided in this section for projects in which the agency is able to reuse existing plans from a prior project of the agency, or, in the case of a board as defined in s. 1013.01, a prior project of that or any other board. Except for plans of a board as defined in s. 1013.01, public notice for any plans that are intended to be reused at some future time must contain a statement that provides that the plans are subject to reuse in accordance with the provisions of this subsection. (11) CONSTRUCTION OF LAW.—Nothing in the amendment of this section by chapter 75-281, Laws of Florida, is intended to supersede the provisions of ss. 1013.45 and 1013.46. History.—ss. 1, 2, 3, 4, 5, 6, 7, 8, ch. 73-19; ss. 1, 2, 3, ch. 75-281; s. 1, ch. 77-174; s. 1, ch. 77-199; s. 10, ch. 84-321; ss. 23, 32, ch. 85-104; s. 57, ch. 85-349; s. 6, ch. 86-204; s. 1, ch. 88-108; s. 1, ch. 89-158; s. 16, ch. 90-268; s. 15, ch. 91-137; s. 7, ch. 91-162; s. 250, ch. 92-279; s. 55, ch. 92-326; s. 1, ch. 93-95; s. 114, ch. 94-119; s. 10, ch. 94-322; s. 868, ch. 95-148; s. 2, ch. 95-410; s. 45, ch. 96-399; s. 38, ch. 97-100; s. 1, ch. 97-296; s. 80, ch. 98- 279; s. 55, ch. 2001-61; s. 63, ch. 2002-20; s. 944, ch. 2002-387; s. 1, ch. 2005-224; s. 19, ch. 2007-157; s. 3, ch. 2007-159; s. 3, ch. 2009-227. 772 46 V. CASH AND INVESTMENT POLICY Scope This investment policy applies to all financial assets held or controlled by the Boynton Beach CRA in excess of those required to meet the current budgeted needs other than funds related to the issuance of debt where there are other existing policies or indentures in effect for such funds. Definitions Current Budgeted Needs shall means funds budgeted for the current quarter needs. Current Quarter shall mean October-December, January-March, April-June, and July-August. Excess available funds shall mean all funds other current budgeted needs for the current quarter that will be available for investment. Liquid Investment Account shall mean an account in which funds can be moved immediately to another account. Maximum length to maturity shall mean that the maturity can not exceed the number of years as defined in the specific instrument’s investment policy. Maximum amount of excess available funds that can be invested within a specific investment instrument shall be given as a percentage. Primary Liquidity shall mean the funds budgeted for current quarter needs to be retained in an operating account and a liquid investment account. Investment Objectives The following investment objectives will be applied in the management of the CRA’s funds. A. Safety 773 47 V. CASH AND INVESTMENT POLICY (Continued) 1. Preservation of Capital The primary objective of the CRA investment activities is to preserve capital and protect the principal invested in the overall Investment Portfolio. The objective will be to reduce credit risk and interest rate risk. 2. Credit Risk The CRA will maintain the Investment Portfolios in such a manner that funds are available to meet current budgeted needs, but will minimize credit risk by: • Limiting Investment to the safest types of securities as indicated by the approved list of investments below. • Pre-Qualifying the financial institution, brokers / dealers, and advisers with which the CRA does business. • Diversifying the Investment Portfolio so that potential losses will be minimized. 3. Interest Rate Risk The CRA will minimize the risk that the market value of investments in the Investment Portfolio will fall due to changes in general interest rates by: • Structuring the Investment Portfolio so that securities mature to meet cash requirements for current budgeted needs, thereby avoiding the need to sell securities on the open market prior to maturity. • Investing current budgeted needs into an operating account and a liquid investment account. B. Liquidity – Periodically a cash flow analysis will be completed in order to ensure that the Investment Portfolio is positioned to provide sufficient liquidity for current budgeted needs. C. Yield – The CRA shall diversify its Investment Portfolio to maximize the return on the Investments while attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. Return on investment is of least importance compared to the safety and liquidity objectives described above. The core of investments is limited to 774 48 V. CASH AND INVESTMENT POLICY (Continued) relatively low risk securities in anticipation of earning a fair return relative to risk being assumed. Investment Performance and Reporting In order to assist in the evaluation of the investment portfolio’s performance, the CRA staff will use the performance benchmarks for short-term portfolios. The use of benchmarks will allow the Staff to measure its returns against other investors in the same markets. The State Board of Administration’s Local Government Surplus Funds Trust Fund (SBA Pool) will be used as the benchmark to compare our investment portfolios’ yield. Prudence and Ethical Standards The standards of prudence to be used by the CRA Staff shall be the “Prudent Person” stand and shall be applied in the context of managing the overall investment program. CRA Staff acting in accordance with written procedures, this investment policy and exercising due diligence shall be released of personal responsibility for an individual security’s credit risk or mark price changes, provided deviations from expectation are reported to the CRA Board in a timely fashion and the liquidity and the sale of securities are carried out in accordance with the terms of this policy. The “Prudent person” rule states the following. Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived form the investment. Employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment portfolios’ program, or which could impair their ability to make impartial investment decisions. Employee will follow the State Code of Ethics located at Chapter 112 of the Florida Statues. Listing of Authorized Investment A. (SBA) The Florida Local Government Surplus Trust Funds 775 49 V. CASH AND INVESTMENT POLICY (Continued) The CRA Staff may purchase / sell investment securities at prevailing market rates and appropriate amount thereof in: (SBA) The Florida Local Government Surplus Funds Trust Fund at a maximum of 100% of excess available funds. The maximum length to maturity of any direct investment in the (SBA) is five (5) years from date of investment. B. United States Government Securities The CRA Staff may invest in direct Securities or Securities in which the principal and interest are unconditionally guaranteed by the United States Government Securities including, but not limited to the following at a maximum of 100 % of excess available funds: Cash Management Bills Treasury Securities – State and Local Government Series (SGLS) Treasury Bills Treasury Notes Treasury Bonds Treasury Strips The maximum length to maturity of any direct investment in the United States Government Securities is five (5) years from date of purchase. C. United States Government Agencies The CRA Staff may invest in bonds, debentures, notes or callable securities issued or guaranteed by the United States Government agencies, provided such obligation are backed by the full faith and credit of the United States Government. Such securities will include, but not be limited to the following with a maximum of 50% of excess available funds for investing and 10% in an individual issue: United Stated Export – Import Bank with direct obligation or fully guaranteed certificates of beneficial ownership Farmer Home Administration certificates of beneficial ownership Federal Housing Administration debentures General Serviced Administration United States Maritime Administration Guaranteed –Title XI Financing 776 50 V. CASH AND INVESTMENT POLICY (Continued) New Communities Debentures that the United States Government Guarantees Debentures United States Public Housing Notes and Bonds that are guaranteed by the United States Government United States Department of Housing and Urban Development Project notes and local authority bonds The maximum length to maturity of any direct investment in the United States Government Agencies is five (5) years from date of purchase. D. Federal Instrumentalities (United States Government sponsored agencies) The CRA Staff may invest in bonds, debentures, notes or callable issued or guaranteed by United States Government sponsored agencies (Federal Instrumentalities) which are non-full faith and credit agencies limited to the following with a maximum of 50% of excess available funds for investing in Federal Instrumentalities and 10% in an individual Instrumentalities: Tennessee Valley Authority Federal Farm Credit Bank (FFCB) Federal Home Loan Bank or its Board Banks (FHLB) Federal National Mortgage Association (FNMA) Federal Home Loan Mortgage Corporation (Freddie-Macs) Including Federal Home Loan Mortgage Corporation participation certificates Federal student loan Marketing Association (Sallie-Mae) The maximum length to maturity of any direct investment in the Federal Instruments is five (5) years from date of purchase. E. Interest Bearing Time Deposit or Saving Accounts The CRA Staff may invest in non-negotiable interest bearing time certificates of deposit or savings accounts in banks organized under the laws of this state and / or in national banks organized under the laws of the United States and doing business and situated in the State of Florida, provided that any such deposits are secured by the Florida Security for the Public deposits Act, Chapter 280, Florida Statues. Additionally, the bank shall not be listed with any recognized credit watch information service. Investment in time deposits or savings accounts shall be but are not limited to the following at a maximum of 100 % of available funds. 777 51 V. CASH AND INVESTMENT POLICY (Continued) The maximum length to maturity of Interest Bearing Time Deposit is five (5) years from date of purchase. F. Commercial Paper (Short Term Paper- Corporation) The CRA Staff may invest in commercial paper of any United States company that is rated, at the time or purchase, “Prime-1” by Moody’s and “A-1” by Standard & Poor’s (Prime commercial paper). If the commercial paper is backed by a letter of credit (LOC), the long-term debt of the LOC provider must be rated “A” or better by at least two nationally recognized rating agencies. The maximum of 15% of excess available funds may be directly invested in prime commercial paper with a maximum of 10% of available funds with any one issuer. The maximum length to maturity for prime commercial paper shall be 180 days from the date of purchase. G. Bankers’ Acceptances (Short Term Paper – Banks) The CRA Staff may invest in Bankers’ Acceptances issued by a domestic bank or a federally chartered domestic office of a foreign bank, which are eligible for purchase by the Federal Reserve System. At the time of purchase, the short-term paper is rated, at a minimum, “P-1” by Moody’s Investors Services and “A-2” by Standard & Poor’s. The maximum of 15% of available funds may be directly invested in Bankers’ Acceptances with a maximum of 10% of excess available funds with any one issuer. The maximum length to maturity for Bankers’ Acceptance shall be 180 days from the date of purchase. H. State and / or Local Government Taxable Debt The CRA Staff may invest in State and / or Local Government Taxable general obligation and / or revenue bonds rated at least “Aa” by Moody’s and “AA” by Standard & Poor’s for short-term debt. The maximum of 15% of excess available funds may be directly invested in State and / or Local Government Taxable. The maximum length to maturity for the State and / or Local Government debt security is three (3) years form the date of purchase. I. Registered Investment Companies (Mutual Funds) 778 52 V. CASH AND INVESTMENT POLICY (Continued) The CRA Staff may invest in shares in open-end and no-load money market funds provided such funds are registered under the Federal Investment Company Act of 1940 and operated in accordance with 17 C.F.R. 270 2a-7, which stipulates that money market funds must have an average weighted maturity of 90 days or less. In addition, the share value of the money market funds must equal to $1.00. The maximum of 100% of excess available funds may be invested in money market funds. The maximum of 75% of available funds may be invested with any one money market fund. The mutual funds shall be rated “AAm” or “AAm-G” or better by Standard & Poor’s or the equivalent by another rating agency. A thorough review of any investment mutual fund is required prior to investing, and on a continual basis and a prospectus must be provided. J. Repurchase Agreements The CRA Staff may invest in Repurchase Agreements composed of only those investments based on the requirements set forth by the CRA Master Repurchase Agreement. All firms are required to sign the Master Repurchase Agreement prior to the execution of a repurchase agreement transaction. (See Attachment II) A third party custodian that has a current Master Repurchase Agreement shall hold the collateral for all repurchase agreements with a term no longer than one business day. A clearly marked receipt that shows evidence of ownership must be supplied to the CRA Staff and retained for investment records. Securities authorized for collateral are negotiable direct obligations of the United States Government, Government agencies, and Federal Instrumentalities with Maturities under five (5) years and must have a market value for the principal and accrued interest of 100 percent of the value and for the term of the repurchase agreement. A maximum of 50% of excess available funds may be invested in repurchase agreements including one (1)-business day agreements and overnight sweep agreements. A maximum of 25% of available funds may be invested with any one institution. The maximum length to maturity of any repurchase agreement is 60 days form the date of purchase. 779 53 V. CASH AND INVESTMENT POLICY (Continued) Maturity and Liquidity Requirements To the extent possible, all attempts will be made to match investment maturities with known CRA fund needs and anticipated fund flow requirement. Investment of current budgeted needs shall be in an operating account and a liquid investment account. Investment of bond reserves, construction funds, and other non-operating funds (core funds) shall have a term appropriate to the need for funds and in accordance with debt covenants, but in no event shall exceed five (5) years. Portfolio Composition The investment portfolio shall be assembled to meet the liquidity needs for the CRA through a balance of short-term and medium-term maturities. In addition, the investment portfolio shall be diversified with respect to investment instruments and issuers. A listing of authorized investment instruments includes portfolio composition, risk and diversification. Risk and Diversification The investment portfolio shall be assembled to meet the liquidity needs for the CRA through a balance of short-term and medium-term maturities. In order to reduce the risk of loss from over-concentration of assets in a specific maturity, issuer, instrument, dealer or bank, the investment portfolio shall be managed to minimize the potential risk from default and changes in market conditions through diversification specified in the listing of authorized investment instruments section. Authorized Investment Institutions and Dealers Authorized CRA Finance Director and Investment Advisors shall only purchase securities from financial institutions after CRA Board approval, which are qualified as public depositories by the Treasurer of the State of Florida, institutions designated as “Primary Securities Dealers” by the Federal Reserve Bank of New York, or for direct issuers of commercial paper and bankers’ acceptances. Investments in savings accounts, certificates of deposit or other deposit accounts in a bank or savings associations may be made only in qualified public depositories as defined by Florida State Statutes section 280.02. 780 54 V. CASH AND INVESTMENT POLICY (Continued) All authorized institutions and dealers conducting business with the CRA shall be given a copy of the CRA’s Investment Policy and be required to abide by the Investment Policy. The broker shall execute a certification acknowledging receipt of the Investment Policy and agreeing to follow its terms and conditions. Third-Party Custodial agreements All securities purchased by the CRA, with the exception of certificates of deposits, shall be properly designated as an asset of the CRA and held in safekeeping by a third party custodial bank or other third party custodial institution chartered by the United States Government or any other state or territory of the United States which has a branch or principal place of business in the State of Florida as defined in Section 658.12, Florida statues, or by a national association organized and existing under the laws of the United States which is authorized to accept and execute trusts and which is authorized to do business in the State of Florida. Master Repurchase Agreement The investment portfolio policy shall require all approved institutions and dealers transacting repurchase agreements to execute and perform as stated in the master repurchase agreement. Competitive Bidding A minimum of three qualified banks or approved broker/ dealers will be contacted to supply bids for required services. In all cases where competitive bidding is not feasible, the appropriateness and return of the investment shall be compared to other investments with similar maturities available in the financial markets and also a comparison to current market price method to determine the feasibility of the investment. Competitive bids will not be required when the security involved is a new issue and can be purchased at auction or at a present, initial offering price or if the security is available only through a single dealer. Overnight sweep repurchase agreements will not be bid, but may be placed with the CRA’s depository bank relating to the demand account for which the repurchase agreement was purchased. 781 55 V. CASH AND INVESTMENT POLICY (Continued) Internal Controls The CRA staff shall establish a system of internal controls and operational procedures that are in writing to protect the CRA’s assets and ensure proper accounting and reporting of the transactions related thereto. The internal controls are designed to prevent loss of funds, which might arise from fraud, employee error, and misrepresentation by third parties imprudent actions by employees. The written procedures should include references to safekeeping, repurchase agreements, separation of transaction authority from accounting and record keeping, wire transfer agreements, banking service contracts and collateral / depository agreements. No person may engage in an investment transaction except as authorized under the terms of this policy. Independent auditors as a normal part of the annual financial audit to the CRA Board shall conduct a review of the system of internal controls to ensure compliance with these investment policies and procedures. Continuing Education The CRA Finance Director shall complete annually 8 hours of continuing education in subjects or courses of study related to investment practices and products. Reporting The CRA Finance Director shall provide for the CRA Board a quarterly investment report. The report shall include the following: A listing of individual securities held at the end of the reporting period Percentage of available funds represented by each investment type Coupon, discount or earning rate Average life or duration and final maturity of all investments Par value, and market value The CRA Staff shall prepare and submit to the CRA board a written report on all invested funds. The annual report shall provide all, but not limited to the following: a complete list of all invested funds, name or type of security in which the funds are invested, the amount invested, the maturity date, earned income, the book value, the market value and the yield on each investment. All investment shall be reported at fair value per GASB standards. Investment portfolio reports shall be available to the public. 782 56 V. CASH AND INVESTMENT POLICY (Continued) Derivatives and Reverse Repurchase Agreements Investments in any derivative products or the use of reverse repurchase agreements are specifically prohibited by this investment portfolio policy. A “derivative” is defined as a financial instrument the value of which depends on, or is derived from the value of one or more underlying assets or indices or asset values. Responsibility The establishment of the investment portfolio policy is the responsibility of the CRA Staff and CRA Board. The CRA staff, under the direction of the CRA Board shall be responsible for implementing the policy and managing the CRA investment portfolio within these guidelines. Cash Management The CRA Staff, except where otherwise provided by the CRA Board or State law, is authorized to pool the cash of various funds to maximize investment earnings where it is advantageous and prudent to do so. Investment income will be allocated to the various expenses and projects based upon need. 783 57 VI. ACCOUNTING POLICIES AND PROCEDURES A. CASH DISBURSEMENT POLICY Internal Control Objective: To ensure cash is disbursed only upon proper authorization of management, supported by the appropriate documentation, for authorized and valid purposes only and that all disbursements are properly recorded. Policy In accordance with Resolution No. 06-03 (see Appendix), the CRA has adopted the following check writing/cash disbursement policy. Check Writing Policy • Each check shall require two signatures, and when applicable a signature of a CRA Board Member. • All checks in the amounts of $901 and higher require signature of a CRA Board Member. • For checks under $ 901, the signature of the Executive Director and Finance Director is required. • Chairperson and Vice Chairperson of the Board are authorized to sign checks on behalf of the Board. • No checks may be written payable to cash or bearer. • Blank check stock is stored in the CRA’s fireproof safe. • Access to safe is only provided to Finance personnel. • Blank checks may never be signed in advance. Accounts Payable Policy The following are policies for processing of all payments to ensure the accuracy, completeness and prompt payment of all invoices. • Invoices must be submitted to the Finance Department promptly for payment processing. • All invoices must be approved by the respective department head and the Finance Director. • Invoices must be coded to the correct general ledger account code/ or purchase order, if applicable • Finance Department must pay invoice as soon as practical so as to as to avoid late charges and/or to take advantage of discounts, when available. 784 58 VI. ACCOUNTING POLICIES AND PROCEDURES (Continued) Credit Card Accounts • Credit card charges must be in compliance with credit card policy. Refer to Human Resource Policy Manual. • Credit card holders must complete a Credit Card reconciliation form. • Credit card reconciliation forms must be completed submitted with supporting receipts to the Finance Director for review and approval. Wire Transfers • Wire transfers may only be conducted for CRA Board approved transactions. • Wire transfers must be approved by the Finance Director or Finance Assistant. • All wire transfers must be counter approved by the Executive Director. Procedures All invoices received must be submitted to the Finance Department for processing. The following procedures must be followed for each respective invoice type, as follows: Recurring invoices (Rent, Utilities, Maintenance etc.) 1. On a weekly basis the Finance Assistant will review all recurring invoices and code all invoices with the respective general ledger account for posting. Account codes are written on invoices. 2. On a weekly basis, the Finance Assistant or designee will enter all invoices into the accounting system. 3. The Finance Assistant is responsible for the preparation of disbursements. Disbursements should be prepared weekly (or the next business day if the date falls on a weekend or holiday). 4. All recurring checks should then be attached to the original vendor invoice, and/or any other supporting documentation. The invoice must include the account codes to which the expense will be applied and submitted to the Finance Director for review and approval. Exceptions are submitted to the Assistant Finance Director. Once corrected they are re-submitted for approval. 5. All invoices are reviewed by the Finance Director. 6. Invoice vouchers are generated by the financial software and signed by the Finance Director and Executive Director. 785 59 VI. ACCOUNTING POLICIES AND PROCEDURES (Continued) 7. Signatures are obtained by an authorized official(s) in accordance with the check writing policy. Non- recurring invoices 1. On a weekly basis the Finance Assistant will review all invoices and submit to the respective department head. The department head must code all invoices with the respective general ledger account or confer with the Finance Department on the appropriate general ledger account. Account codes are written on the invoices and approved for payment by the department head(s). Invoices must evidence approval with the initials of the Department head. 2. Department heads must submit invoices to the Finance Department as soon as practical to ensure prompt payment. 3. On a weekly basis, the Finance Assistant or designee will enter all invoices into the accounting system, using the designated codes provided on the invoice. 4. The Finance Assistant is responsible for the preparation of disbursements. Disbursements should be prepared weekly (or the next business day if the date falls on a weekend or holiday). 5. All checks should then be attached to the original vendor invoice, and/or any other supporting documentation. The invoice/checks are submitted to the Finance Director for review and approval. Exceptions are submitted to the Assistant Finance Director. Once corrected they are re-submitted for approval. 6. Invoice vouchers are generated by the financial software and signed by the Finance Director and Executive Director. 7. Signatures are obtained by an authorized official(s) in accordance with the check writing policy. Accounting Procedure for Recording Prepaid Expenses or Recording Deferred Revenue for Special Events (This procedure may also be used for General Fund and Project Fund prepaid expenses or deferred revenue) Recording of Prepaid Expenses 1. When entering and coding supplier invoices into Incode, review invoice to determine whether payment is deemed a prepaid expense. If so, the invoice must be coded to the prepaid expense account, as follows: 786 60 General Fund – Prepaid Expense Account: 01-12000 Project Fund - Prepaid Expense Account : 02-12000 If the payment is not, a prepaid, the default entry must be to record the expenditure as an expense. 2. Verify that the item to be coded as a prepaid expense is equal to or greater than the company's minimum capitalization limit of $1,000. If necessary, you may override this capitalization policy to ensure you capture all prepaid expenses related to the special event. If not deemed necessary, then charge it to expense in the current period. 3. Prepare a copy of the source documentation (invoice, contract, etc. ) associated with the item and store it in the prepaid expenses binder. 4. Enter the prepaid item in the “prepaid expenses spreadsheet”. Ensure the spreadsheet includes the expenditure account, the amount, name of vendor or supplier, and the date of invoice and number . Reconciliation of Prepaid Expense Account(s) 1. At the end of each event, print the detail for the prepaid expenses account from Incode. 2. For each event, match the line items in the prepaid expense account to the supporting detail in the “prepaid expenses spreadsheet”. 3. If the supporting detail does not match the account balance, adjust the account balance via a journal entry and with the approval of the Finance Director. 4. After the completion of the special event, prepare and post the following journal entry to clear out the prepaid expense balance and record the expenditure, as follows: JOURNAL ENTRY TO CLEAR OUT PREPAID EXPENSE: DEBIT CREDIT Expenditure XXXX Prepaid Expense XXXX 787 61 Recording of Deferred Revenue for Special Events 1. Upon receiving deferred revenues (receipts where the event will occur in the following fiscal year) for Special Events, the receipt must be recorded as follows: DEBIT CREDIT Project Fund – Cash Account 02-11103 XXXX Project Fund – Deferred Revenue Account 02-21453 XXXX 2. Upon the completion of the event, the balance of the Deferred Revenue Account must be adjusted to recognize the revenue of the event with the following journal entry: DEBT CREDIT Project Fund – Deferred Revenue Account 02-21453 XXXX Project Fund – Festival & Event Income 02-44100 XXXX Credit Card Payments 1. On a monthly basis the Finance Assistant will receive all credit card statements, and provide copies to the respective department head or CRA staff member. 2. Each department head or staff member must complete, assign a general ledger account code to each credit charges and sign the credit card reconciliation form. 3. At receipt, the Finance Assistant must review invoices and the accuracy and completeness of the completed credit card reconciliation form. Additionally, he/she should ensure purchases are in adherence with credit card policy. 4. Finance Director must sign credit card reconciliation form designating approval for payment. 5. Subsequent review and approval, the Finance Assistant is responsible for preparation of check disbursement. 6. Signature is obtained by an authorized official(s) in accordance with the check writing policy. 788 62 VI. ACCOUNTING POLICIES AND PROCEDURES (Continued) B. PETTY CASH POLICY Petty cash are funds of fixed amounts used for making small or emergency expenditures. A request for petty cash will only be approved in situations where time and convenience do not allow for the normal purchasing process. Petty cash purchases must be made with a cash request form from the petty cash fund. Petty cash purchases or advances may not exceed $500. Petty cash is safeguarded by the Finance Department. Petty cash funds must be locked in the CRA’s fireproof safe at all times. Finance Director and Finance Assistant are the only personnel with access to petty cash funds. Petty cash is held by Finance Department. The CRA maintains petty cash in the amount of $500. All purchases made with petty cash funds are subject to approval by the Finance Department. PROCEDURES: Advances from Petty Cash: Advances from petty cash must include the following: 1. A petty cash request (see Appendix) must be completed in ink and signed by the person requesting the funds, receiving the funds and approved by the Finance Director. 2. A sales receipt verifying the items purchased, must be returned to the Finance Director along with any unused funds. The item(s) purchased should be circled on the receipt. 3. All petty cash receipts must be returned within 24 hours from the date of issuance of cash. 4. Individuals will be limited to only one outstanding petty cash voucher at a time. Replenishing Petty Cash Account 1. CRA petty cash funds advances must be recorded in the “Petty Cash Receipts” log. Name, GL Account, amount and reason for advance must be recorded by Finance Assistant. 789 63 VI. ACCOUNTING POLICIES AND PROCEDURES (Continued) 2. Petty cash funds must be monitored periodically to ensure sufficient funds are on hand to meet the business needs. 3. Using the “Petty Cash Receipts Log” amounts disbursed from petty cash are recorded at time funds are replenished and appropriate expenses are recorded. To replenish, a check is issued to the Finance Director, Petty Cash and submitted as part of the nonrecurring invoice process. 790 64 VI. ACCOUNTING POLICIES AND PROCEDURES (Continued) C. REVENUES SOURCES AND ACCOUNTS RECEIVABLES The CRA has two main sources of revenues, as follows: Tax Increment Funds The CRA primary source of revenues are tax increment funding received from the Palm Beach County and the City of Boynton Beach. Marina Rents and Fuels Sales The other major source of revenues arise from the rental of boat slips and fuel sales at the Marina, which is owned by the CRA and operated by a management company under contract. The management company is responsible for the complete management and operation of the marina property including the rental of boat slips and fuel sales. POLICY In accordance with Government Accounting Standards: Tax increment funds Tax Increment funds revenues are recorded on a modified accrual basis of accounting. Marina Revenue (Rents and Fuel Sales) The CRA revenues and receivables from rents and fuel sales are recorded on an accrual basis, i.e. revenues are recognized when earned. The finance department is responsible for ensuring accurate and complete accounting of marina rent revenues and receivables. The finance department is responsible for monitoring the contract ensuring the contractor meets the obligations under contract. 791 65 VI. ACCOUNTING POLICIES AND PROCEDURES (Continued) PROCEDURE Tax Increment Funds (TIF) As noted above in the budget development process, during the month of June, the CRA Executive Director receives from the Palm Beach Property Appraiser (PBPA) assessed valuations within the CRA district. Once final valuations are certified by the PBPA the CRA knows what to anticipate as it’s TIF revenue for the upcoming fiscal year. At receipt of the TIF funds from the City and the County, the CRA Finance Director records the revenue in the financial system and ensures that the monies are deposited in the respective financial institution. The CRA Finance Director ensures the accuracy and completeness of amounts received by comparing receipts to the anticipated revenue, as per the PBPA assessed valuations and millage rates. If discrepancies are noted the Finance Director will contact the respective government agency. Marina Revenue Lease Agreements For all new tenants, rental agreements must be provided by the management company and forwarded to the CRA for each tenant. Boat Slip Rents 1. On a monthly basis, payments from tenants are collected and must be deposited to the CRA operating account by the management company. 2. The management company must submit to the Finance staff copies of deposit slip(s) and a detail cash receipt log, detailing tenant and amount collected. 3. The Finance Assistant prepares a reconciliation spreadsheet of cash collections, accounts receivable, prepaid rent and sales tax liability. 792 66 VI. ACCOUNTING POLICIES AND PROCEDURES (Continued) 4. Using Incode Financials system, Finance Assistant prepares a journal entry reconciling cash receipts, accounts receivables, prepaids, and sales tax liability. 5. The Finance Director reviews the journal entry, sales tax calculation, accounts payable voucher and approves for posting and payment. 6. After approval, the Finance Assistant signs in to the Florida Department of Revenue on line system and submits the on line payment of the sales tax. A receipt is generated and attached to the batch. 7. Using the Incode Financial systems, the Finance Assistant prepares the journal entry reflecting the payment, liability and expense. 8. The Finance Director reviews and approves journal entry. 9. The Finance Assistant generates an on-line bank detail report to ensure the amount withdrawn from the CRA Bank account agrees with the generated receipt. Any discrepancies are investigated and resolved. Fuel Sales and Miscellaneous Items 1. On a daily basis, payments from fuel sales are collected and must be deposited to the CRA operating account by the management company. 2. On a monthly basis, the management company’s accountant submits a profit and loss statement for the processing and payment of Diesel fuel sales tax. 3. A monthly journal entry is prepared by the Finance Assistant to record fuel sales. 4. Daily cash receipts are compared to the bank statement to ensure that amounts reported by the management company agree to the amounts collected. 5. Monthly reports are prepared and submitted by the management company. 6. Finance Assistant compares total receipts to profit and loss report submitted by management company. Discrepancies are resolved. 793 67 7. Using the sales information from the point-of-sale system the diesel sales tax is calculated and processed for payment using an excel spreadsheet template. 8. The Finance Assistant signs in to the Florida Department of Revenue on line system and submits the on line payment of the diesel fuel sales tax. A receipt is generated and attached to the batch. 9. Using the Incode Financial system, the Assistant Finance Director prepares the accounts payable draft for approval and payment. 10. The Finance Director reviews the diesel fuel sales tax calculation, accounts payable voucher and approves for posting and payment. 11. The Finance Assistant generates an on-line bank detail report to ensure the amount withdrawn from the CRA Bank account agrees with the generated receipt. Any discrepancies are investigated and resolved. 794 68 VI. ACCOUNTING POLICIES AND PROCEDURES (Continued) D. CAPITAL ASSETS POLICY Capital Asset is defined as any item with an acquisition value of $5,000 or greater and a useful life of one year or more. Capital Assets include: • The acquisition property and equipment with a value of over $5,000. • Ownership of software license not to include maintenance agreements. • Leased equipment if the lease meets the qualifications of a capital lease. • Major renovations over $5,000 that add value to the real property. • Construction of new buildings (This include furnishings over $5,000 as it is the cost to get an entire new building established). • Donated property at the fair market value if it exceeds $5,000. • Land/Land Improvements (Land is not depreciated). Depreciation Policy All capital assets must be depreciated using the straight line depreciation using the following useful lives: Architectural & Engineering Fees 15 years Artwork/Arts & Crafts 7 - 15 years Blinds/Window Covering 8 years Building Renovations 16 years Building 40 years Burglar/Fire Protection 16 years Computers 4 years Software 3 years Copiers 6 years Electrical/Wiring/Cabling 10 years Floor Coverings 10 years Furniture and Furnishings 5 - 12 years 795 69 VI. ACCOUNTING POLICIES AND PROCEDURES (Continued) Land Improvements 10 - 20 years Office & Special Event-related Equipment 5 - 10 years Signage 12 years Vehicles 5 years PROCEDURES: General Responsibilities over Capital Assets: • The Finance Department and its staff are responsible for the property accounting of the CRA’s various departments. • Each department unit is directly responsible for the control, use, and security of all capital assets in their possession. Property Purchases Property must be procured via a purchase order or accounts payable process. The CRA’s Assistant Finance Director must perform the following procedures: 1. At receipt of the invoice, capital assets are recorded to respective capital accounts (See General ledger Chart of Accounts). 2. The Finance Assistant will assign an asset number, location, quantity, cost, acquisition date, useful life and any other required information in the Fixed Asset Inventory Spreadsheet (Excel file: Property and Equipment; Located at T://Finance/Accounting/Current Fiscal Year) . 3. The Finance Assistant will determine the useful life of the property. Please refer to the depreciation policy for a detail listing of each useful life. 4. The property will be added at cost plus any attachments required (excluding maintenance agreements) at the date received. 5. The Finance Assistant will then affix a tag with the matching asset number to the property, if possible. 6. In the case of land, where property can not be tagged, folio number must be recorded in the Fixed Asset Inventory Spreadsheet. 796 70 VI. ACCOUNTING POLICIES AND PROCEDURES (Continued) Disposal of Property Property can be disposed of due to donation, sale, obsolescence, loss, or theft. Sale or donation of property with a recorded cost in excess of $25,000 must be approved by the CRA’s Board. All dispositions of property must be communicated (via e-mail or verbal) to the Finance Department. If the property was stolen, communication must be accompanied by a police report regarding the incident. The Finance Assistant must update the Fixed Asset Inventory Spreadsheet and ensure the recording of a gain or loss on disposal, if applicable. The Finance Staff must periodically review Board meeting minutes to ensure all property disposals are recorded and reflected in the Fixed Asset Inventory Spreadsheet. Depreciation The Assistant Finance Director must calculate and record depreciation expense and accumulated depreciation on an annual basis for inclusion in the CRA’s financial statements. Inventory The Finance Department Staff and Department Heads will work together to conduct an annual inventory of all property. The Finance Department will print an inventory listing of property. The Assistant Finance Director or designee will physically locate each asset on the listing and mark its status on the inventory. When completed, the Assistant Finance Director will update the Fixed Asset Inventory Spreadsheet with the inventory date and any changes required. The Finance Director will review and approve all changes to ensure all accuracy and resolution of all discrepancies. 797 71 VI. ACCOUNTING POLICIES AND PROCEDURES (Continued) E. DEBT SERVICE Debt service funds are used to account for the annual payment of principal, interest, and other expenditures on general long-term debt. All new debt instruments, irrespective of the amount, must be approved by the CRA Board. POLICY Debt must be accounted for in the Debt Service fund. In accordance with government accounting standards, it is accounted for using the modified accrual basis of accounting. Principal, interest payments are recorded as expenditures of the current period and as per the respective debt repayment schedule. PROCEDURES: The CRA Finance Director ensures the issuance of each scheduled payment by continuously monitoring the upcoming payment schedules for all loans and bond payments outstanding. Certain debt payments are deducted electronically from the designated accounts and other debt payments are paid via wire transfer. The process for recording the general fund transfer for debt service requirements and for the payments of principal and interest on the outstanding debt, is as follows: Transfers Out / In: 1. On an annual basis the debt service requirement is calculated using the information obtained from the debt service payment schedules and included in the CRA’s annual budget. This amount is transferred from the General Fund to the Debt Service Fund to ensure funds are available for the payment of principal and interest payments. The following journal entry is posted to reflect the transfer: General Fund DR CR Cash XXXX Transfer Out XXXXX Debt Service Fund Cash XXXXX Transfer In XXXX 798 72 VI. ACCOUNTING POLICIES AND PROCEDURES (Continued) The journal entry is processed using the standard journal entry process as outlined above. Electronic Deductions For payments that are electronically deducted from the CRA’s bank account, the CRA FINANCE ASSISTANT records the payment via a journal entry (principal and interest) once deducted from the respective accounts. The amount deducted is compared to the debt service payment schedule for each respective debt instrument to ensure payment is in accord with the repayment schedule, as agreed to on the respective debt instrument. Wire Transfer For payments made via wire transfer, the wire is made using the on-line banking system. The Finance Director will enter the on line system using their assigned login and password. The payment is initiated and processed and a confirmation receipt is printed for verification. Once printed, using the Incode Financial System, a bank draft in generated and printed. Once entered the bank draft is reviewed and signed, designating approval, by the Finance Director and Executive Director. Check Items Debt payments made via check are made in accordance with the CRA’s normal cash disbursement process outlined above. 799 73 VI. ACCOUNTING POLICIES AND PROCEDURES (Continued) F. PAYROLL AND BENEFITS POLICY • The Finance Department is responsible for the accounting of payroll, fringe benefits and tracking employee attendance. • Payroll is paid bi-weekly and processed by the City of Boynton Beach (ILA dated September 7, 2010, City of Boynton Beach Resolution No. R10-111). • Compensated absences, vacation time and sick time must be accrued in accordance with the human resource policy. • Fringes and any other employee reimbursements must be conducted in accordance with the human resource policy. • Leave request forms must be submitted to the Finance Department and approved by the Finance Assistant or Finance Director. PROCEDURES: 1. On a daily basis Finance Assistant, takes attendance on an excel spreadsheet “Timecard”. 2. Employees complete individual timesheets generated by the City of Boynton Beach Payroll Department. 3. Every other Thursdays the Finance Assistant prepares bi-weekly payroll analysis (excel spreadsheet). Spreadsheet is updated accordingly as employee salary changes are made or employee deductions (retirement contributions, medical plan, etc.) changes take place. 4. Finance Assistant reviews and approves timesheets submitted by CRA employees and attached relevant leave request forms to the individual timesheets. 5. Finance Assistant delivers documentation to the City of Boynton Beach Payroll Administrator and ensures the data (salary, deductions, leave requests, etc), matches the bi-weekly payroll analysis. 6. On the following Tuesday, the City of Boynton Beach delivers a package, containing paystubs, accrual data, payroll summary reports. Pay statements are distributed to employees. 800 74 VI. ACCOUNTING POLICIES AND PROCEDURES (Continued) 7. On Tuesday, the timecard spreadsheet and leave request forms submitted by employees are compared to ensure the accuracy of the timecard spreadsheet. 8. After ensuring the accuracy of the timecard, the leave request form is stamped and marked with a check mark indicating agreement. 9. The Compensated Absences Analysis excel file tracks the accumulation of compensated absences by entity and by employee. The Finance Assistant updates the Compensated Absences Analysis spreadsheet by entity using the submitted leave request forms. Additions and deletions of compensated absences, sick time, and vacation time are updated accordingly. 10. Each individual Leave request form is stamped and a check mark is written indicating that the Compensated Absence Analysis has been updated for each request. 11. Once the Compensated Absence Analysis is updated , each employee’s compensated absence spreadsheet is updated to reflect each individuals new Compensated time balance. 12. Each employees Paystubs are attached to each individuals Compensated Absence spreadsheet and are provided to the Finance Director for review and approval. 13. After review and approval, paystubs and each individuals Compensated Absence spreadsheet are distributed to each employee. 14. The following day, the Assistant Finance Director views the amount withdrawn from bank account and compares to the payroll register and summary reports. 15. A journal entry spreadsheet (by dept) is prepared using the City of Boynton Beach CRA payroll reports (register, summary). 16. Journal entry is prepared in the financial system . 17. Reports are provided to Finance Director for review and approval and journal entry is processed and posted to GL. 801 75 VII. MONTHLY CLOSING PROCEDURE POLICY The books and records must be closed within 45 days after the month end. For example, August must be closed by October 15. Financial reports must be submitted to the board in the board meeting subsequent to the month end close. PROCEDURES 1. Ensure all accounting transactions are recorded (Invoices entered, checks issued, cash receipts recorded, adjusting journal entries, accruals, operating transfers and any other deemed necessary) 2. Reconcile the following accounts: • Cash – GL to Bank Statements • Marina Rents Receivables – A/R Detail Ledger to A/R GL • Update Fixed Asset Schedules, Additions, Deletions, and Accumulated Depreciation • Accounts Payables GL to Accounts Payable Register • Interfund Transfers – Prepare Interfund Transfer Schedules, if necessary • Reconcile Debt Service Fund 3. Ensure all balance sheet accounts are reconciled to their respective subsidiary ledger. 4. Ensure all operating transfer in/out are recorded and balanced between funds. 5. Prepare all closing journal entries including accruals, rent receivables, prepaids and interfund transfers. 6. Print, and review the following reports: • Trial Balance by Fund • Budget to Actual Report by Fund • Journal Entry listing • General Ledger 802 76 VII. MONTHLY CLOSING PROCEDURE (Continued) 7. Review all reports to ensure all accounts and financials are in balance. If deemed necessary, prepare adjustments and re-print all applicable reports. Ensure approval of journal entries. 8. Prepare reports to be presented in the monthly board packets. 803 77 VIII. YEAR END FINANCIAL AUDIT AND FINANCIAL REPORTING PROCESS POLICY The Finance Director is responsible for scheduling the year end financial statement audit with the external auditors. The Finance Director is responsible for preparing the CRA’s financial statement in preparation for the fiscal year end audit. The financial statement audit must be completed 180 days subsequent to end of the fiscal year, or as mandated by Florida Statutes. The audited financial statement and management letter must be presented to the CRA Board and disseminated to respective agencies accordingly. PROCEDURES The following procedures outline the year end financial reporting process, after the end of the fiscal year, as follows: 1. Load the adjusted trial balance into the fund financials working schedules in excel. 2. Reclassify all accounts for fund financial presentations. 3. Using the excel template, prepare the fund financial statement. 4. Prepare the GASB 34 journal entries including: a. Debt Reclassification b. Capitalization of property and Equipment c. Long Term Debt d. Amortization and Depreciation e. Accruals f. Other items, as deemed necessary 5. If any, obtain audit journal entries, review and approve journal entries 6. Post journal entries to system and record in financial statements 804 78 VIII. YEAR END FINANCIAL AUDIT AND FINANCIAL REPORTING PROCESS (Continued) 7. Prepare the GASB 34 Government Wide Financial Statement 8. Prepare the transmittal letter and Management Discussion and Analysis 9. Prepare the notes to the Financial statement and all financial schedules in notes 10. Submit complete financial statements to auditors for printing and issuance of opinion. 11. After receipt of audited financial statements from auditors distribute financial statements to board, creditors and any other agency, as deemed necessary. 12. Present audited financial statements to CRA Board. 805 •Attachment I - Honoring Boynton Beach Heisman Heroes COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: May 12, 2026 CRA ADVISORY BOARD AGENDA ITEM 13.A SUBJECT: Honoring Boynton Beach Heisman Heroes Presentation SUMMARY: At the January 14, 2025 meeting, the CRA Board assigned the CRA Advisory Board to research and investigate opportunities to honor the two Heisman Trophy winners that are from Boynton Beach. Examples includes statues/monuments and street renaming. At the May 12, 2026 CRA Board meeting, the CRA Advisory Board will present a summary of their report. See Attachment I. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRAB RECOMMENDATION: See Attachment I. CRA BOARD OPTIONS: To be determined based on Board direction. ATTACHMENTS: Description 806 HONORING BOYNTON BEACH HEISMAN HEROES A City-Ready Proposal Presentation Prepared for Boynton Beach CRA Advisory Board February 2026 City of Boynton Beach | Community Redevelopment Agency 807 WHY THIS INITIATIVE MATTERS •• Celebrates nationally recognized hometown excellence •• Strengthens civic pride and youth inspiration •• Enhances downtown identity and tourism appeal •• Aligns with CRA placemaking and economic development goals City of Boynton Beach | Community Redevelopment Agency 808 OTHER CITY TRIBUTES City of Boynton Beach | Community Redevelopment Agency 809 HEISMAN MURAL –EZELL HESTER JR. PARK •• Large-scale public art installation •Located at the Ezell Hester Jr. Football field/park •Designed as an Instagram-worthy civic landmark •Opportunity for community unveiling event •Yearly sporting event to meet the Heisman Stars City of Boynton Beach | Community Redevelopment Agency 810 PROPOSED TRIBUTE CONCEPTS City of Boynton Beach | Community Redevelopment Agency 811 PROPOSED TRIBUTE CONCEPTS City of Boynton Beach | Community Redevelopment Agency 812 COMMUNITY ENGAGEMENT STRATEGY •• Partner with local schools & youth leagues •Establish Heisman Youth Scholarship Fund •Annual Heisman Day celebration event •Athlete appearance invitation for unveiling •Boynton Beach Bulldogs City of Boynton Beach | Community Redevelopment Agency 813 STREET RENAMING CONCEPT •• 'Lamar Jackson Way' or 'Travis Hunter Blvd' •• Custom-branded signage design •• Installed within CRA district •• Ribbon-cutting ceremony opportunity •Boynton Beach High School City of Boynton Beach | Community Redevelopment Agency 814 IMPLEMENTATION ROADMAP •Phase 1: Design & Community Input •Phase 2: CRA & City Commission Approval •Phase 3: Installation & Launch Event •Phase 4: Annual Programming & Expansion City of Boynton Beach | Community Redevelopment Agency 815 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: May 12, 2026 OLD BUSINESS AGENDA ITEM 14.A SUBJECT: Consideration of a Letter of Intent from Lennar Homes LLC as a Result of a Notice to Dispose 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. At the March 9, 2026 CRA Board Meeting, CRA staff requested revisiting the future of use of the lot due the costs associated with construction and operation of a co-work space. The CRA Board directed staff to incorporate the lot into the infill housing inventory for future affordable/workforce housing. The .327 acre site could be replatted to accommodate two single-family homes fronting NW 3rd Avenue and NW 4th Avenue. On March 13, 2026 the CRA issued a Notice of Intent to Dispose of Real Property (see Attachment II). The Notice was published in the Palm Beach Post, on the CRA website, in the City Hall Lobby and emailed to the CRA's interested parties list. Parties interested in making proposals for the property had to submit a proposal within 30 days of March 13th. On April 10, 2026, CRA staff received a Letter of Intent (LOI) from Lennar Homes LLC (see Attachment III). They were the only respondent to the Notice of Intent to Dispose. In summary, the LOI provided the following terms: Purchase Price: $70,000 Zoning: Request a rezoning change from R1 to R1A to allow for smaller setbacks to accommodate two houses Floor Plan: 2,344 square foot two-story house featuring 4 bedrooms, 2.5 baths, 2 car garage, impact windows Exterior: Provide landscaping and privacy fencing to buffer Seacrest Boulevard Affordability*: Moderate 2 (100%-120% AMI) Sales Price*: $368,940 Other: Lennar Homes would cover costs associated with the demolition of the existing structure, permit fees and/or impact fees. *Prices subject to change based on Palm Beach County's Workforce Housing Program prices 816 •Attachment I - Location Map •Attachment II - Notice of Intent to Dispose •Attachment III - LOI from Lennar Homes LLC •Attachment IV - 2025 PBC WFH Pricing that are set annually (see Attachment IV). If the LOI is accepted by the CRA Board, the terms would be brought back to the Board in a Purchase and Development Agreement for final approval. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan, Heart of Boynton District CRA BOARD OPTIONS: To be determined based on Board direction. ATTACHMENTS: Description 817 Reset Select Language ▼ Search by Address, Owner, or PCN Return Property Info Layers Tools & Reports Help View Property Record Print BOYNTON BEACH CRA LOCATION 419 N SEACREST BLVD MUNICIPALITY BOYNTON BEACH PARCEL NO. 08-43-45-21-07-001-1450 SUBDIVISION BOYNTON HILLS IN BOOK/PAGE 35496/765 SALE DATE 01/09/2025 MAILING ADDRESS 100 E OCEAN AVE FL 4 BOYNTON BEACH FL 33435 4515 USE TYPE 7100 - RELIGIOUS TOTAL SQUARE FEET 1710 OWNERS PROPERTY DETAIL SALES INFORMATION      v.1.5b 10/23/25, 3:14 PM PAPA Countywide Map https://gis.pbcgov.org/papagis/papa.html#1/1818 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY NOTICE OF INTENT TO DISPOSE OF REAL PROPERTY (Section 163.380, F.S.) This notice is being published to satisfy the procedural requirements for activities to be undertaken by the Boynton Beach Community Redevelopment Agency, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes. Pursuant to Section 163.380(3)(a), Florida Statutes, the Boynton Beach Community Redevelopment Agency (“BBCRA”) hereby provides notice of its intent to dispose of a parcel of real property pursuant to the approval of Boynton Beach Community Redevelopment Agency Board on March 9, 2026, which parcels are more particularly identified as follows: Address: 419 N. Seacrest Boulevard, Boynton Beach, FL 33435 PNC #08-43-45-21-07-001-1450 Lots 145, 146 and 147, Block “A”, Boynton Hills, according to the map or plat thereof as recorded in Plat Book 4, Page 51, Public Records of Palm Beach County, Florida. Less therefrom those portions acquired by Palm Beach County by Instruments recorded in Official Records Book 2840 Page 951 and in Official Records Book 2980 Page 1485, Public Records of Palm Beach County, Florida. This intent to dispose of real property serves the public purpose of constructing an affordable single family home(s) pursuant to the Goals and Principles of the 2016 Boynton Beach Community Redevelopment Plan. The 2016 Boynton Beach Community Redevelopment Plan may be viewed at the CRA’s website: https://www.boyntonbeachcra.com/about-bbcra/plans-and-documents Parties interested in making proposals for the above property must submit a proposal within 30 days of March 13, 2026, which is the publication date of this notice. Additional information related to the intent to dispose may be obtained from the CRA at 100 E. Ocean Avenue, 4th Floor, Boynton Beach, Florida, 33435, Telephone Number (561) 600- 9094. 819 April 10, 2026 Attn: Timonthy Tack Assistant Director Boynton Beach Community Redevelopment Agency 100 East Ocean Avenue 4th floor Boynton Beach, FL 33435 This letter constitutes a non-binding letter of intent (“LOI”) between Lennar Homes and/or its affiliated entities (“Buyer”) and Boynton Beach Community Redevelopment Agency (“Seller”), which outlines the general terms and conditions for the purchase and sale of the Property. 1. Purchase Price: The Purchase Price shall be Seventy Thousand Dollars ($70,000) cash paid at Closing, less any cash Deposits. 2. Agreement for Purchase and Sale: The parties agree that they will each work in good faith to reach a final, negotiated and executed purchase and sale agreement (“Agreement”). The Agreement will be drafted by Buyer’s counsel and submitted to Seller within fourteen (14) days after Buyer’s receipt of an executed copy of this LOI. Thereafter, Buyer and Seller will negotiate in good faith to finalize and execute the Agreement within sixty (60) days after Buyer’s initial submittal of the Agreement to Seller. 3. Investigation Period: For sixty (60) days from the effective date of the Agreement (“Investigation Period” or “IP”), Buyer shall have the absolute and unqualified right to conduct all testing and due diligence studies Buyer deems appropriate in its sole discretion. At any time prior to 11:59 p.m. on the last day of the Investigation Period, Buyer shall have the right to terminate the Agreement and receive back the Initial Deposit. Seller shall furnish Buyer with copies or originals of all existing reports and other documents relating to the Property in Seller’s possession or control. 4. Deposit: Buyer shall deposit $10,000 (“Initial Deposit”) with CalAtlantic Title Solutions, LLC (the “Escrow Agent”) within eight (8) business days after the effective date of the Agreement. In the event the Agreement has not been terminated, Buyer shall deposit with Escrow Agent an additional sum of $25,000 (“Additional Deposit,” and together with the Initial Deposit, the “Deposit”) within eight (8) business days after the expiration of the Investigation Period. The Buyer may elect to deliver to the Escrow Agent a letter of credit in lieu of a cash payment for any part of the Deposit. 5. Approvals: The transaction contemplated herein is subject to Seller’s receipt of all required governmental approvals necessary to complete two (2) single family homesites (the “Homesites”), and all such approvals being final, with all appeal periods having expired with no appeals pending. The approvals include but are not limited to rezoning the property from R1 to R1A, and plating of the homesites, as required (the “Approvals”). 6. Closing: Closing shall occur fifteen (15) business days after Seller’s receipt of the Approvals, but no later than six (6) months after expiration of the Investigation Period. 7. Title: Escrow Agent shall act as title and closing agent in the transaction. Seller shall convey title to the Homesites by special warranty deed, free and clear of all encumbrances other than taxes for the year of Closing, applicable municipal ordinances and other governmental regulations and any and all easements and restrictions of record expressly approved by Buyer in writing or pursuant to the terms and provisions of the Agreement. Re: Notice of Intent to Dispose of Real Property – Purchase of approximately 0.33 +/- acres located in Boynton Beach, FL Parcel Control #: 08-43-45-21-07-001-1450 (the “Property”) 820 8. Prorations & Closing Costs: Taxes, general and special, are to be prorated as of the date of the Closing. Seller shall pay for state documentary stamps and surtaxes, if any, to be attached to the deed, and any recording fees associated with the release of any monetary encumbrances and/or corrective title instruments. Buyer will pay for the cost of recording the deed. Seller shall be specifically responsible for payment of any rollback or deferred taxes at Closing. Buyer shall pay for the cost of the title commitment, and the title policy. Seller shall pay for the searches required by the title insurance underwriter to delete the standard exceptions from the title policy, and any costs required to cure all title defects to be cured. 9. Real Estate Broker/Realtor: The Buyer and Seller acknowledge that there are no real estate brokers involved in this transaction. 10. Corporate Investment Committee of Lennar Corporation Approval Required: The Agreement must be approved in writing by the Corporate Investment Committee of Lennar Corporation prior to the expiration of the Investigation Period. In the event Buyer fails to deliver to Seller written notice of such approval on or before the end of the Investigation Period, the Agreement shall automatically terminate, and the Escrow Agent shall immediately refund the Deposit to the Buyer. 11. Non-Binding: The parties acknowledge and agree that this LOI is not intended to be and should not be construed as an agreement for sale and purchase of the Homesites. The parties agree that except for Section 11 herein, nothing contained in this LOI shall be binding on either party. Rather, this LOI is intended only to set forth an outline of the general terms from which the parties intend to use good faith efforts to negotiate the Agreement. 821 We look forward to working with you on this exciting transaction. BUYER Lennar Homes, LLC By: Name: Sam Goldberg Title: Land Acquisition Manager SELLER Boynton Beach Community Redevelopment Agency By: Name: Title: 822 Exhibit A Proposed Use of the Site Proposed Community Zoning • Current Zoning: R1 – Minimum Setbacks: Front: 25 FT | Corner Side: 25 FT | Rear: 20 FT • Intended Zoning: R1A – Minimum Setbacks: Front: 15 FT | Corner Side: 5 FT | Interior Side: 5 FT | Rear: 10 FT Lennar proposes splitting the Subject Property located at 419 N Seacrest Blvd, Boynton Beach, FL to develop two (2) homesites. The parcel is currently zoned R1 and Lennar is seeking a rezoning to R1A to accommodate the proposed Columbus floor plan. The Columbus plan provides a spacious two-story floor plan, and multiple elevations would be constructed to enhance the home’s curb appeal. The relevant specifications for the home are summarized below: • Columbus (2 Floors) o 1,880 sq. ft. Total Living Area (Under Roof: 2,344 sq. ft.) o 4 Bedroom, 2.5 Bath o 2 car garage o Dimensions: 30 FT wide x 42 FT long; Backyard Patio: 4 FT x 6 FT o 1st Floor Living: 795 sq. ft.; 2nd Floor Living: 1,085 sq. ft. Floorplans for the homes are attached Exhibit B and elevations for each home are attached Exhibit C. Preliminary proposed location of the homes on a split homesite are shown on Exhibit D. As discussed above, Lennar’s planned homes have been carefully engineered to allow construction to be as efficient as possible from a cost perspective, without sacrificing quality. Each home would include energy efficient appliances, including Refrigerator, Washer and Dryer, and impact windows. Lennar will include privacy fencing and a landscape buffer off Seacrest Boulevard. Proposed Completion Time Please note that Lennar will require that the Project Agreement allow for a reasonable due diligence period (60-90 days). The Project Agreement would also need to be subject to approval of the project by Lennar’s Corporate Investment Committee (“CIC Approval”). This review will take place prior to the expiration of the due diligence period. Following due diligence, Lennar would close on the Subject Property upon the CRA’s rezoning and split of the property to R1A. After the approval of the rezoning, Lennar will solely be responsible for obtaining building permits for the homes and demolition of the existing structure. 823 This will allow construction to begin shortly after all Approvals are obtained. Please note that Lennar is not seeking relief from any permit or impact fees. Deed Restriction: All homes will remain affordable for a period of no less than 15 years with a deed restriction commencing from the date of closing transferring ownership from Lennar to the first purchaser of the developed homesite. Sales: Lennar intends to sell the two homes on this property at the Moderate 2 income limit established by the Palm Beach County Workforce Housing Program (WHP) through a lottery system described below. The proposed sales process will mirror the established and successful procedures utilized within the Palm Beach County Workforce Housing Program (WHP). Due to the anticipated demand for workforce housing units, a lottery-based selection process will be implemented to ensure fairness, transparency, and compliance with WHP requirements. Interested purchasers will be required to obtain eligibility approval through the Palm Beach County WHP program and submit all required documentation prior to being entered into the lottery, including verification of income eligibility, proof of funds for required deposits, and completion of a formal lottery application. Applications will be accepted during a defined submission period, after which eligible applicants will be randomly selected. Selected buyers will be notified and provided with a limited timeframe to execute purchase agreements and submit deposits, with alternate applicants maintained in the event selected buyers do not proceed. To further support local workforce housing goals, the Division will coordinate with the Community Redevelopment Agency (CRA), Boynton Beach SHIP, and City staff to prioritize outreach and marketing efforts toward Boynton Beach residents prior to expanding marketing to the broader countywide applicant pool. Public outreach may include informational sessions, digital and print marketing, and coordination with local employers and community organizations. This targeted approach ensures local residents are provided with early access to homeownership opportunities while maintaining compliance with County WHP program requirements and promoting equitable access to available units. 824 Exhibit B 825 826 Exhibit C 827 Exhibit D 828 Workforce Housing Program (WHP) 2025 For Sale Prices and Incomes Effective July 1, 2025 WHP prices are set annually, based on the provisions of Article 5.G.1.A.3.c of the Unified Land Development Code reflected below, and the following: 2025 PBC Median Family Income: $111,800 (per HUD) WHP Sales Prices (homes cannot be sold at a higher price) Income Category Sales Minimum Buyer Maximum Price Contribution Subsidy Low 60 - 80% of AMI $67,080 -$89,440 $234,780 2.5% $63,390 Moderate 1 >80 -100% of AMI >$89,440 -$111,800 $301,860 3.5% $60,372 Moderate 2 >100 -120% of AMI >$111,800 -$134,160 $368,940 3.5% $55,341 Middle >120 -140% of AMI >$134,160 - $156,520 $436,020* 3.5% $43,602 *Middle Income category does not apply to WHP units in projects approved under WHP Code adopted 8/22/2019. 829 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: May 12, 2026 OLD BUSINESS AGENDA ITEM 14.B SUBJECT: Consideration of Terms for a Purchase and Development Agreement with Lennar Homes LLC for the Development of Affordable/Workforce Infill Housing SUMMARY: At the September 9, 2025 meeting, staff presented the CRA inventory of infill residential lots that are vacant of structures and ready for redevelopment (see Attachment I-II). These lots provide an opportunity to create new affordable and workforce homeownership options. The CRA also confirmed with the City that there are no City-owned infill lots located within the CRA area that could be included in this redevelopment initiative. At the meeting it was determined the following lots would be utilized for infill housing: 135 NE 3rd Avenue 407 NE1st Street 524 NW 3rd Street 507 NW 12th Avenue Lot 348 NW 11th Avenue The CRA Board approved the draft ITN at their December 9, 2025, meeting and the ITN was issued publicly on December 12, 2025 (see Attachment III). The CRA published the ITN to the CRA website, posted a public notice, posted it to the Florida Redevelopment Association website/newsletter and emailed it directly to over 50 interested parties. On January 6, 2026, CRA and City staff hosted the voluntary pre-submission meeting in Community Room 115 at 4:00 PM. There were six interested parties that attended the meeting (see Attachment IV). Staff presented a brief overview of the ITN and opened it up for questions and answers. The deadline for questions was January 9, 2026, by 5:00 PM. In response to the questions received, the CRA issued three addendums (see Attachments V - VII). Submittals were due no later than 2:00 PM on February 10, 2026. By that date, there were nine groups registered for the ITN (see Attachment VIII). The CRA received one submission from Lennar Homes LLC (see Attachments IX-X) The Review Committee which consisted of four CRA staff and two City staff met on February 20, 2026, to review the submission and provided the Sufficiency Checklist as Attachment XI. 830 •Attachment I - Property Maps •Attachment II - Infill Housing Presentation •Attachment III - Invitation to Negotiate Packet •Attachment IV - Voluntary Pre-Submission Meeting Sign-In •Attachment V - Addendum No. 1 In summary, Lennar Homes proposes: Purchase Price: $350,000 for all five lots Home Details: 1,504 square feet; 3 bed; 2 bath, 2 car garage; 30' wide home Timeline: All seven homes completed within 12 months of the execution of a Purchase & Development Agreement Affordability: 15 year deed restriction; one home sold to Low (60%-80% PBC AMI); six homes sold to Moderate 1 (80%-100% PBC AMI) Sales Process: Qualified buyers from the PBC Workforce Housing Program; City of Boynton Beach SHIP; Lottery process to qualified buyers At the March 9th meeting, the CRA Board directed CRA staff to enter into negotiations with Lennar Homes LLC and bring back a Purchase and Development Agreement for review. On March 25, 2026, CRA staff met with the Lennar Homes team to discuss the following items: Are there different styles within each model to choose from Would Lennar considered adding covered lanais Swap paver driveways for concrete driveways Would Lennar consider a larger home on the oversized lot at 524 NW 3rd Street What is the landscaping plan What exterior light is included Does Lennar have interest in 419 N. Seacrest Boulevard Does Lennar have any similar models currently under construction to tour Post construction guarantees Attachment XII summarizes the meeting notes. On April 17, 2026, CRA staff toured the Belmont and Columbus model homes at Lennar's development in Port St. Lucie. On April 24, 2026, CRA staff received Lennar's response to staff's requests from the March 25, 2026 (see Attachment XIII) A draft term sheet is provided as Attachment XIX and the terms are summarized in a presentation as Attachment XX. If the terms are accepted by the Board, the terms will be incorporated into a Purchase and Development Agreement and brought back for final approval. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach CRA Community Redevelopment Plan ATTACHMENTS: Description 831 •Attachment VI - Addendum No. 2 •Attachment VII - Addendum No. 3 •Attachment VIII - ITN Registration •Attachment IX - Lennar Homes Submission •Attachment X - Lennar Homes LLC Presentation •Attachment XI - Sufficiency Checklist •Attachment XII - March 25, 2026 Meeting Notes •Attachment XIII - Revised Proposal from Lennar Homes LLC •Attachment XIX - Terms for a Purchase and Development Agreement •Attachment XX - Presentation of Terms 832 Map Number Address PCN Lot Size Approx. Measurements Current Zoning Future Land Use Potential House(s) 1 135 NE 3rd Avenue 08-43-45-21-30-002-0210 0.33 145 L x 100 W R2 Duplex 10 DU/AC HDR 15 DU/AC 2 Houses 2 407 NE 1st Street 08-43-45-21-30-002-0231 0.17 106 L x 70 W R2 Duplex 10 DU/AC HDR 15 DU/AC 1 House 3 524 NW 3rd Street 08-43-45-21-16-000-0150 0.19 118 L x 72 W R1A 6 DU/AC LDR 5 DU/AC 1 House 4 507 NW 12th Avenue 08-43-45-21-14-000-4360 0.24 110 L x 100 W R2 Duplex 10 DU/AC MDR 11 DU/AC 2 Houses 5 Lot 348 NW 11th Avenue 08-43-45-21-14-000-3480 0.18 100 L x 74 W R2 Duplex 10 DU/AC MDR 11 DU/AC 1 House TOTAL 7 Houses ATTACHMENT "A" PARCEL DESCRIPTIONS 833 ATTACHMENT “A” PARCEL MAPS G˛ h z�“ ÁG˛ ÁhGÀ 834 ATTACHMENT “A” PARCEL MAPS 835 ATTACHMENT “A” PARCEL MAPS 836 837 838 839 840 841 842 843 844 845 846 4926-3384-6902, v. 2 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY INVITATION TO NEGOTIATE FOR THE DEVELOPMENT OF AFFORDABLE/WORKFORCE INFILL HOUSING Issue Date: December 12, 2025 Submittal Deadline: February 10, 2026 The Boynton Beach Community Redevelopment Agency (BBCRA) is issuing this Invitation to Negotiate (ITN) for the acquisition and redevelopment of the infill lots located in Boynton Beach, Florida; as referenced and identified on Attachment “A,” Parcel Descriptions/Maps, and hereinafter collectively referred as the “Project Site.” The BBCRA will accept sealed responses to this ITN (“Proposals”) at its office located in City Hall at 100 E. Ocean Avenue, 4th floor, Boynton Beach, FL 33435 ON OR BEFORE February 10, 2026, no later than 2:00 p.m. Eastern Standard Time (EST), as determined by the time stamp or clock at the BBCRA’s reception area. Proposals received after the date and time set forth above will NOT BE ACCEPTED FOR CONSIDERATION. All Proposals will be date and time stamped by the BBCRA. Faxed or emailed Proposals will not be accepted. The ITN documents, including all related attachments, must be obtained from the BBCRA office or website at www.boyntonbeachcra.com (Select RFPs/RFQs/ITBs from the Business & Development top drop down menu). 1.Property Disposal and Project Description In response to the ongoing affordable housing crisis, the demand for affordable and attainable housing is at an all-time high. To address the need, the goal of the BBCRA is to leverage publicly owned real estate and development incentives to increase affordable residential opportunities in the BBCRA area. The goal of this ITN is to secure developers to construct single-family residential properties on existing lots in order to increase the housing supply in the CRA Area. This Development of Affordable/Workforce Infill Housing ITN is seeking Proposals to provide affordable and workforce housing within the CRA Area through the acquisition and redevelopment of BBCRA-owned properties (the “Project”). The CRA properties available for the Project (the “Project Sites”) are located as described in Attachment “A,” Parcel 1 847 4926-3384-6902, v. 2 Descriptions/Maps. Proposers are invited to submit Proposals to develop one or more of the Project Sites. Preference will be given to Proposers who propose to develop all Project Sites, and then to Proposers who propose to develop multiple Project Sites. Proposers should also indicate whether they are interested in receiving information about future development opportunities of similar sites within the CRA Area. Proposers are invited to propose creative solutions, including but not limited to using a variety of construction methods, the incorporation of accessory dwelling units as may be permitted by the City of Boynton Beach codes, and use of a template that could be replicated on multiple sites. The Project Sites vary in lot sizes and Future Land Use Classifications. Each lot is located within the Heart of Boynton District, which is described in the 2016 BBCRA Community Redevelopment Plan (the “BBCRA Plan”). The BBCRA Plan may be accessed online at https://www.boyntonbeachcra.com/home/showpublisheddocument/14/637296289931970000 (see pages 105-117). It is the responsibility of each Proposer to review the City of Boynton Beach Land Development Regulations, and applicable site plan and design guidelines and limitations. All Proposals and Projects must be in conformance with and in furtherance of the BBCRA Plan. 2.Community and Economic Setting The City of Boynton Beach (City), with a population of eighty thousand (80,000), is the third largest city in Palm Beach County, Florida. It is located approximately forty-five (45) miles north of Miami and fifteen (15) miles south of West Palm Beach. This puts it in the heart of southeast Florida’s rapidly growing tri-county Miami-Dade/Broward/Palm Beach metropolitan area. Boynton Beach has direct access to the Intracoastal Waterway, Interstate 95 (I-95) and the Florida Turnpike. It also has a market of more than six (6) million people within a two-hour radius and ready access to three international airports, two major rail lines, as well as the Tri-Rail regional commuter rail system. 3.Surveys and Appraisals Aerial boundary and parcel maps along with a copy of the property surveys are included with this ITN as Attachments “A,” Aerial Map/Parcel Map and “B,” Surveys of BBCRA Owned Properties. All appraisals and surveys of the subject properties that make up the Project Site are available in electronic form on the BBCRA’s website, https://www.boyntonbeachcra.com/business- development/rfps-rfqs-itbs. Proposers should note that some appraisals may be out of date and should not rely solely on the information in the appraisal when compiling the financial components of a Proposal. 2 848 4926-3384-6902, v. 2 4.Other Jurisdictions Development of the Project Sites may require approval from other governmental entities, including Palm Beach County. Proposers are required to assess and determine what approvals may be required for development of the Project Sites as proposed. 5.Incentives for the Project Under Chapter 163, Florida Statutes, the BBCRA is empowered to encourage and incentivize redevelopment within the CRA Area consistent with the BBCRA Plan. The BBCRA is committed to meeting the goals and objectives of the BBCRA Plan and the successful Proposer(s) will be eligible to participate in CRA grant programs and other financial incentives on equal footing with other applicants. Proposers may request other incentives in their Proposal. 6.Pre-Submission Meeting A voluntary in-person pre-submission meeting has been scheduled for January 6, 2026, at 4:00 p.m. (EST) in City Community Room #115 at City Hall, located at 100 E. Ocean Avenue. The meeting is an opportunity for Proposers to ask BBCRA staff questions about the Project. 7.Proposer Registration All entities interested in responding to this ITN must register with the BBCRA via email by providing their name, address, telephone number, and an email address to Mr. Timothy Tack, BBCRA Assistant Director, at TackT@bbfl.us. Any information concerning addenda, changes, additions, clarifications, notices, and other topics related to this ITN will be sent to registered Proposers using the registration information provided. 8.Additional Information After the Proposals are received by the BBCRA, the BBCRA may make requests to Proposers for clarifications, assurances, or for other details including, but not limited to, financial and disclosure data relating to the Proposal or Proposer (including all affiliates, officers, directors, partners and employees). Any inquiries of a general nature applicable to all Proposers will be directed to all Proposers. Following submission of a Proposal, the Proposer agrees to promptly deliver such further details, information and assurances, including, but not limited to, financial and disclosure data relating to the Proposal and/or the Proposer (including the Proposer’s affiliates, officers, directors, partners and employees), as requested by the BBCRA. 9.Project Description and Requirements Proposers should include a high-quality illustration or architectural rendering of the proposed home type to be constructed on the Project Site(s). Proposers are encouraged to propose a home type that could be used on multiple lots in order to increase efficiency and economic viability. The Project should incorporate quality architectural design and site development standards that enhance the Heart of Boynton District and adjacent properties. Proposers should review the BBCRA Plan for Project development and design guidance. Proposals will be evaluated on their 3 849 4926-3384-6902, v. 2 adherence and incorporation of architectural and design elements presented in the BBCRA Plan and the City of Boynton Beach Land Development Regulations. At minimum, the Proposals shall include the following requirements: 1) Construction of single-family, fee-simple units with a minimum of 1,500 square feet of living space, 3 bedrooms, 2 bathrooms, 2-car garage, hurricane impact, energy efficient windows, appliances, washing machine and dryer. 2) Each lot size should be at minimum 50 feet in width. Parcels 1 and 5 (shown in Attachment “A”) must be subdivided into two 50-foot lots 3) All units shall remain affordable for a period of no less than 15 years with a deed restriction commencing from the date of closing transferring ownership from the Proposer to the first purchaser of the developed Project Site. 4) Front porches are encouraged but optional. 5) The development and construction of a single-family home on each Project Site must be ready for sale within 18 months of the commencement date of the Purchase and Development Agreement between the successful Proposer and the BBCRA; provided however, that if the Proposer intends to develop multiple Project Sites, the Proposer may propose a clearly defined, phased construction plan in which at least one home must be ready for sale within 18 months of the commencement of the Purchase and Development Agreement and at least one additional home is ready for sale for each successive 18- month period thereafter. 6) The Proposer shall be responsible for coordinating all utility connections as needed. 7) Proposer shall price the homes targeting the Low to Moderate income range (60%-120%) of Palm Beach County Area Median Income. The homes must be developed, constructed, and priced to prospective buyers within the targeted income range. a) Preference will be given to Proposals that commit to providing at least one home targeted to homebuyers within the low-income range. 8) Indicate a willingness to coordinate with the City’s SHIP Funding Program for prospective homebuyers. 9) An explanation of how Proposer will market the homebuying opportunity to the community, in coordination with the BBCRA. 10) Where code-compliant, use of accessory dwelling units on Project Sites is encouraged. 11) Whether or not Proposer will allow home buyers to be selected through a public lottery process. 10. Required Elements of Proposals. Proposals must contain all of the following documents and information in order to be deemed complete. Proposals not deemed complete may be rejected. Attachment “C” contains a checklist to help Proposers ensure Proposals are complete. a. Provide a detailed description of the proposed Project, with text, tabulations and graphics. This should include but it is not limited to conceptual elevations, as well as the 4 850 4926-3384-6902, v. 2 information indicating compliance with the objectives and requirements of the Plan and the requirements specified in Paragraph 9, Project Description and Requirements. b. Provide a general written statement describing the qualifications and background of the Proposer including any financial (including equity) partner. c. Provide a completed Attachment “D”, Proposer(s) Information. d. Provide a certificate of good standing from the Secretary of State of Florida and the state in which the corporation is headquartered, if not Florida. e. Provide a list of Proposer’s key personnel that will be directly involved in proposed Project’s development or management team, along with their professional qualifications, and if applicable a list of similar projects on which they have actively participated. f. Provide a written list of ten single family home projects developed by the Proposer, that were completed within the last ten (10) years. The list may also include photographs, project addresses, client contact information, dates the projects were completed, and general project description. g. Provide a proforma financial analysis/plan including a development budget with a detailed breakdown of all Project pre-development costs, other soft and financing costs, costs of property acquisition from the BBCRA, construction and other hard costs and any post-construction sales or other costs. Include a breakdown of the amount and terms of any proposed funding assistance being requested of the BBCRA, if applicable, and how those funds will be used when combined with other funding sources. A Proposer may submit the requested breakdown information under a format of their own choosing but must also complete the Proposed Project Funding Uses and Sources Information form provided as Attachment “E.” If the Proposer intends to develop more than one Project Site, clearly present the above information for each independent phase as well as in aggregate for total project. h. Provide proof of financial capability to complete the proposed Project and, if applicable, to secure any necessary financing. If the Proposer has a preferred lender, that should be indicated in the Proposal. Financial capability may be demonstrated by submitting a current (audited, if available) financial statement of the proposing entity, a letter of commitment from a bank or lending institution confirming financial capacity to secure the project, or similar documentation acceptable to the BBCRA clearly evidencing financial capability to complete the proposed Project. If applicable, a firm financing commitment from a lending institution or other source of investment financing will be required prior 5 851 4926-3384-6902, v. 2 to the closing of the sale of the Project Site, or as otherwise stipulated in negotiated Agreement between the successful Proposer and the BBCRA. i. Disclosure of any bankruptcies by any of the above or related entities during the past ten (10) years must be made with the ITN. Financial information should be submitted in a separate, sealed envelope or package and marked ‘confidential.’ Financial information will be accepted only from the Proposer as part of the submission packet and will not be accepted if it is submitted directly to the BBCRA by an outside entity or institution. j. A signed written statement of intent to purchase the Project Site(s) indicating the proposed purchase price along with a statement of willingness to execute a Purchase and Development Agreement within ninety (90) days of selection if selected. Any Purchase and Development Agreement will contain performance-based criteria and milestone timelines for items such as, securing funding, any necessary site approvals, commencement of construction, limitations on transferability or assignability of the Agreement without prior approval from the BBCRA, termination provisions for failure to meet the criteria listed and other provisions to adequately define the rights, duties and obligations of the parties. The Purchase and Development Agreement may also contain a reverter clause. k. Provide authorization to perform a credit check for each Proposer or business entity. The authorization form must be executed by the appropriate officer of Proposer entity (see Attachments “F” and “F.i.” Disclosure and Authorization to Perform Credit Check forms). l. A list of all civil and criminal legal actions in which each Proposer entity (and its parent entity if it is a subsidiary) is currently a named party or was a named party in the past four (4) years, providing the case number, case description, the state of jurisdiction, and disposition (or status) of each case. Proposer(s) may include any additional relevant information. If there are no legal actions to disclose, provide a written statement attesting to this fact. Information regarding any legal or administrative actions, past or pending, that might impact the capacity of the Proposer (or its principals or affiliates) to complete the Project must be disclosed. m. Provide a PowerPoint presentation of the Proposal, consisting of no more than fifteen (15) slides with maximum of three (3) slides dedicated to Proposer’s past history and experience information. All remaining slides will focus on description of the development of the proposed Project (e.g. site, program, design, construction, development cost, schedule, financing, proposed acquisition terms, etc.). 6 852 4926-3384-6902, v. 2 n. An acknowledgement letter attesting that the Proposer has read and understands all procedures and requirements of this ITN (see Attachment “H,” Acknowledgement Letter). o. All other requirements contained in this ITN, including all attachments that request a response or information from the Proposer. (see Attachment “I thru N”). 11. Submittal Requirements. a. Location and Deadline. Proposals must be received by the BBCRA at 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 on or before February 10, 2026, no later than 2:00 p.m. Eastern Standard Time (the “Deadline”), as determined by the time stamp or clock at the BBCRA’s reception area set up on the 1st Floor Lobby. Proposals received after the date and time set forth above will NOT BE ACCEPTED FOR CONSIDERATION. Proposers may withdraw submitted Proposals and resubmit at any time prior to the Deadline. b. Form and Number of Copies. Proposals must be delivered in a sealed box or envelope. Faxed and emailed Proposals will not be accepted. In total, one (1) bound original Proposal document must be submitted with a title page listing the name of the ITN and the submitting Proposer along with one (1) unbound but clipped copy of the complete Proposal and one (1) digital copy of the complete Proposal in PDF format on a labeled thumb drive. Proposals shall be clearly marked on the outside of the envelope or delivery box container as follows: Invitation to Negotiate for the Development of Affordable/Workforce Infill Housing Boynton Beach Community Redevelopment Agency City of Boynton Beach, Florida Issue Date: December 12, 2025 Submittal Deadline: February 10, 2026, no later than 2:00 p.m. (EST) c. Completeness. All Proposals must be complete upon submittal to the BBCRA. d. Signature. The Proposal, and any documents submitted with the Proposal that require a signature, must be signed by an individual authorized by Proposer to legally bind and represent Proposer. e. Failure to Meet Submittal Requirements. The failure to meet the Deadline, submit a Proposal that complies with the form and number of copies requirements, or submit a complete Proposal may result in the Proposal being rejected and returned at the sole discretion of the BBCRA. 7 853 4926-3384-6902, v. 2 f. Proposal validity. Proposals shall remain valid and binding on Proposers for one hundred eighty (180) days after the submittal date. 12. ITN Documents. The following planning and site documents are incorporated as part of this ITN and may be obtained from the BBCRA office or https://www.boyntonbeachcra.com/business- development/rfps-rfqs-itbs. • Parcel Descriptions/Maps (see Attachment “A”) • Survey of BBCRA Owned Properties (see Attachment “B”) • Appraisals • 2016 Boynton Beach Community Redevelopment Plan In addition, all Proposers are encouraged to walk the Project Site(s) and will be assumed to have performed all necessary inspections on the property. 13. ITN Proposal Evaluation and Selection Process. The BBCRA staff shall review each Proposal and make a determination as to whether each Proposal meets the minimum submission requirements for review, including whether the Proposal is complete, and whether it fully complies with the terms and conditions outlined in this ITN. A Proposer’s failure to provide a substantially complete ITN response submission may result in the submission not being evaluated. The BBCRA may request clarification of submitted information from any Proposer. The confidentiality of proprietary information from competing Proposers shall be maintained to the extent permitted by law. In addition to meeting the minimum requirements of this ITN as described in Paragraphs 9 and 10, each Proposal will be evaluated based on the information provided and on the following criteria, which are listed below in order of importance. As noted below, adequate capability to successfully undertake the proposed Project is a minimum standard which shall be met before any other criterion is considered. a. Capability of the Proposer and Development Team. The primary focus of the evaluation shall be on the prior relevant experience, qualifications, and financial capacity of the Proposer (and financial partner, if any is identified and to the extent firmly committed) considering. Note that if a Proposer’s qualifications and financial capacity are not considered adequate to successfully undertake the Project, the Proposer will not be considered no matter what the Proposal’s merits are on other criteria. Adequacy of qualifications, relative qualifications, and capacity will be considered comparative criteria weighed along with the other criteria. 8 854 4926-3384-6902, v. 2 b. Project Viability. Proposals will be evaluated for financial, technical, and practical capabilities to successfully and timely complete the Project(s). c. Project Scope. Preference will be given to Proposers who propose to develop all Project Sites, and then to Proposer who propose to develop multiple Project Sites. However, Proposers seeking to develop individual Project sites are still encouraged to apply. d. Fulfilment of the CRA’s requirements and objectives for the Project as stated in Paragraph 1. This would include the operational efficiency, aesthetic quality, and the amenities of the Project. The proposed Project’s ability to contribute to the Heart of Boynton District with a vision to enrich the neighborhood by investing in housing, have a high-quality architecture and aesthetic appeal, and contain initiatives beyond what is required and/or that are unique solutions, will be considered. e. Local Work. Preference will be given to Proposals that contain a proposed plan or program to use local businesses, contractors, sub-contractors, and laborers in the Project. After the BBCRA staff reviews the proposals for completeness and evaluates the proposals based on the criteria above, the BBCRA staff will present the results of the review and evaluation process to the BBCRA Board at a public meeting. The Proposers will present their proposals and their PowerPoint slide presentations before the BBCRA Board at their regular scheduled meetings in the City Commission Chambers at City Hall located at 100 E. Ocean Avenue. In the selection of the successful Proposer (if any), the BBCRA Board will consider all Proposals that meet the minimum submission requirements for review, the BBCRA staff review, the BBCRA Advisory Board recommendation if required, and/or any other relevant data. At the conclusion of the public presentations, a Proposer may be selected by the BBCRA Board. However, the BBCRA Board is under no obligation to select a Proposer regardless of their ranking, and can, at its sole discretion, opt to terminate the ITN process or continue the process to a subsequent meeting. The CRA may also select multiple Proposers but shall not award the same Project Site to any two developers. The existence of a contractual relationship between a Proposer and the BBCRA is contingent upon successful negotiations between the BBCRA and a selected Proposer, and execution of an Agreement by both parties. Therefore, upon selection of a successful Proposer, the BBCRA and the successful Proposer will then enter into negotiations for a Purchase and Development Agreement that will contain terms substantially similar to those contained in the successful proposal and this ITN. i. The Purchase and Development Agreement must be in a form approved by the BBCRA Board and BBCRA legal counsel. 9 855 4926-3384-6902, v. 2 ii. If the BBCRA and the successful Proposer are not able to agree upon a Purchase and Development Agreement satisfactory to both parties within ninety (90) days of the selection of the successful Proposer, Proposer shall have the right to terminate the negotiations. The BBCRA may terminate negotiations at any time for any reason. iii. If the BBCRA sends an agreed-upon Purchase and Development Agreement, or sends a Purchase and Development Agreement with a communication that informs the Proposer that the agreement constitutes the BBCRA’s final offer, and Proposer fails to return an executed copy of the provided Purchase and Development Agreement within 30 days of receipt of such agreement from the BBCRA, the negotiations are deemed terminated unless the BBCRA explicitly extends the deadline in writing. iv. The BBCRA may withdraw its offer of agreement, including a final offer, at any time prior to acceptance of such agreement. Upon termination of negotiations or withdrawal of offer of agreement, the BBCRA may move forward as it deems appropriate, which may include entering into negotiations with another Proposer, re-advertising the ITN, electing to terminate the ITN process, or any other action it deems to be in the best interest of the BBCRA. Any transfer of the property from the BBCRA to a Proposer for less than market value will be subject to approval of the City of Boynton Beach City Commission. Other proposals may be subject to approval of the City of Boynton Beach City Commission. 14. Tentative Schedule. The following tentative schedule is anticipated for actions related to this ITN. All dates, times, and locations are subject to change. All changes will be posted to the BBCRA’s website at www.boyntonbeachcra.com. ITN Approval by CRA Board (subject to legal review): December 9, 2025 Issue Date of ITN: December 12, 2025 Voluntary Pre-Submission Meeting: January 6, 2026 Question/Request for Clarification Deadline: January 9, 2026 Submittal Deadline: February 10, 2026 Presentation to BBCRA Board: March 9, 2026 Draft Purchase and Development (P&D) Agreement: May 12, 2026 CRAB Review of P&D Agreement TBD BBCRA Board Approval P&D Agreement: June 9, 2026 (Note: Dates above subject to change – registered interested parties will be notified by email of changes, if any.) 10 856 4926-3384-6902, v. 2 15. Contact and Questions a. Contact Information. All correspondence, questions, and requests for clarifications related to this ITN must be directed to the person designated as the procurement officer for this ITN: Timothy Tack, Assistant Director Boynton Beach Community Redevelopment Agency 100 East Ocean Avenue 4th Floor Boynton Beach, Florida 33435 Phone: (561) 600-9091 Email: TackT@bbfl.us b. Form of Contact; Answers in the Form of Addenda. All correspondence, questions, and requests must be submitted in writing via email to the person identified above and may be submitted at any time but no later than January 9, 2026. All answers to questions, clarifications, and interpretations will be issued in the form of an addenda, which becomes a part of this ITN. The Proposer must acknowledge receipt of each addenda by completing the Addenda Acknowledgement Form and including it with the submitted Proposal (see Attachment “I”). It is the responsibility of all Proposers to obtain, review and respond to any and all addenda issued. Oral explanations, information, and instructions shall not be considered binding on the BBCRA. All Proposers are encouraged to independently verify the accuracy of any information provided. Neither the BBCRA nor any of its agents or employees shall be responsible for the accuracy of any oral information provided to any Proposer, or to any assumptions made by Proposer. Written responses to all written questions submitted shall be maintained by the BBCRA in the ITN file. c. Limitations on Communications; Cone of Silence; No Lobbying. Proposer or persons acting on Proposer’s behalf may not contact, between the release of the solicitation and the end of the seventy-two (72) hour period following the BBCRA posting the notice of intended award (excluding Saturdays, Sundays, and state holidays), any employee, officer, or Board Member of the BBCRA concerning any aspect of this ITN, except in writing to the procurement officer or as provided in the ITN documents. Violation of this provision may be grounds for rejecting a Proposal. Further, during the same time period, Proposer or persons acting on Proposer’s behalf may not contact any BBCRA Advisory Board Member, or any other person working on behalf of the BBCRA on any matter related to this ITN. Communication prohibited by this ITN, or by any other state, federal, or local law or regulation, may cause an individual or firm to be disqualified immediately from 11 857 4926-3384-6902, v. 2 participating in the Proposal or selection process. Any violation of this condition may result in rejection and/or disqualification of the Proposer’s Proposal. For purposes of this section, persons acting on Proposer’s behalf shall include, but not be limited to, the Proposer’s employees, partners, attorneys, officers, directors, consultants, lobbyists, or any actual or potential subcontractor or consultant of the Proposer. This “Cone of Silence/No Lobbying” is in effect from the date of publication of the ITN and shall terminate at 1) the time the BBCRA Board selects a Proposer, rejects all Proposals, or otherwise takes action which ends the solicitation process; or 2) at the end of the seventy-two (72) hour period following the BBCRA posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, whichever is later. 16. Disclosure and Disclaimer. Proposer understands and acknowledges that to the extent permitted by law, the BBCRA retains all rights, at its sole and absolute discretion, to: a. Withdraw this ITN at any time; b. Modify the schedule associated with this ITN; c. Issue addenda to this ITN; d. Request additional information, clarifications, or assurances from one or more Proposers or prospective Proposers; e. Reject any and all Proposals; f. Refrain from awarding an agreement as a result of this ITN; g. Verify the accuracy of any information provided; h. Accept Proposals that deviate from this ITN; i. Disqualify or reject Proposals that are incomplete, untimely, or unclear; j. Re-advertise this ITN and accept new Proposals; k. Obtain economic feasibility studies or third-party evaluations with regard to any part of any Proposal; l. Evaluate the Proposals through any process that complies with the BBCRA Procurement Policy, this ITN, and applicable Florida Statutes, m. Select one or more successful Proposals or Proposers it deems will be in the best interests of the BBCRA, regardless of which Proposal appears to offer the best monetary value to the BBCRA; n. Waive any required element or condition found in this ITN for all Proposals or for a specific Proposal; o. Waive any formalities associated with this ITN; p. Negotiate agreements, abandon or withdraw from negotiations, approve agreements, and take other similar actions as a result of this ITN. 12 858 4926-3384-6902, v. 2 Any Proposer who submits a Proposal in response to this ITN fully acknowledges all the provisions of this disclosure and disclaimer and agrees to be bound by the terms hereof. In the event of any differences between this disclosure and disclaimer and the balance of the ITN, the provisions of this disclosure and disclaimer shall govern. If Proposer fails to fully comply with all requirements of this ITN, Proposer or Proposer’s Proposal may be disqualified. 17. Protests. The Bid Protest Policy is available upon request. Submittal of a Proposal in response to this ITN constitutes acceptance of this policy. 18. Non-Discrimination. The selected Proposer, on behalf of itself, its successors and its assigns, agrees that no person shall, on the ground of race, color, disability, national origin, religion, age, familial status, sex, or sexual orientation, be subjected to discrimination in any way that is associated with the ITN, the BBCRA, the Proposal, any agreement resulting from this ITN, or the Project. Respondents are hereby notified that pursuant to Section 287.05701, Florida Statutes, the BBCRA may not request documentation concerning or consider a vendor's social, political, or ideological interests when determining if the respondent is a responsible respondent, and may not give preference to a respondent based on the respondent's social, political, or ideological interests. 19. Permits, Taxes, Licenses and Laws. The successful Proposer will be required to pay for and/or obtain, at its own expense, all permits, licenses, fees, and taxes required, and to comply with all federal, state, and local laws, ordinances, rules, and regulations applicable to responding to this ITN and carrying out the Project. 20. Sensitive and Proprietary Information. The BBCRA will maintain the confidentiality of sensitive and proprietary information to the extent permitted by law. The BBCRA will consider all other information, documentation and other materials submitted in response to this ITN to be of non-confidential and/or non-proprietary in nature and therefore subject to public disclosure under Chapter 119 of the Florida State Statutes. If a Proposer believes any portion of a proposal is exempt from public records disclosure, the Proposer must identify the portion of the proposal it believes it is exempt, state the reason for exemption, and request the BBCRA exempt it from public records disclosure. The BBCRA will exempt portions of a proposal from public records disclosure only to the extent permitted by law. 21. Public Records. The BBCRA is public agency subject to Chapter 119, Florida Statutes. The successful Proposer shall comply with Florida’s Public Records Law. Specifically, the successful Proposer shall: 13 859 4926-3384-6902, v. 2 a. Keep and maintain public records that ordinarily and necessarily would be required by the BBCRA in order to perform the service; b. Provide the public with access to such public records on the same terms and conditions that the BBCRA would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; c. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and, d. Meet all requirements for retaining public records and transfer to the BBCRA, at no cost, all public records in possession of the Proposer upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the BBCRA in a format that is compatible with the information technology systems of the BBCRA. IF PROPOSER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO PROPOSER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS ITN, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (561) 737-3256; 100 E. Ocean Avenue, Boynton Beach, Florida 33435, TackT@bbfl.us. 22. Public Entity Crimes Statement. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals , or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in F.S. Sec. 287.017 for CATEGORY TWO for a period of thirty-six (36) months following the date of being placed on the convicted vendor list. In order to qualify for consideration under this ITN, Proposer must complete and attach Attachment “J” Public Entity Crimes Statement. 23. Drug Free Workplace Certification Preference shall be given to Proposer(s) with drug free work programs, under the standards described in Section 287.087, Florida Statutes. Whenever two (2) or more proposals that are equal with respect to price, quality and service are received by the BBCRA or by any political subdivision for the procurement of commodities or contractual services, a proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to receive such preference, the Proposer shall 14 860 4926-3384-6902, v. 2 complete and submit with its Proposal the attached certification, Attachment "K" Drug Free Workplace Certification. 24. E-Verify. In any agreement resulting from this ITN, the Proposer will be required to warrant, for itself and its subcontractors, compliance with all federal immigration laws and regulations that relate to their employees. Proposer agrees and acknowledges that the BBCRA is a public employer that is subject to the E-verify requirements as set forth in Section 448.095, Florida Statutes, and that the provisions of F.S. Sec. 448.095 will apply to such an agreement. 25. Authorization for Release of Information Proposer consents to the BBCRA checking references and contacting prior stakeholders concerning past projects Proposer has completed. Bidders must complete Attachment “L” Authorization for Release of Information. 26. Non-Scrutinized Entity By submitting a bid, bidder certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, and is not engaged in a boycott of Israel. Proposers must complete Attachment “M,” Certification of Non-Scrutinized Entity. 27. Anti-Human Trafficking Affidavit Prior to the execution of any agreement or contract arising out of the ITN, or any renewal and/or extension thereto, the selected Proposer shall attest under penalty of perjury, that the Proposer does not use coercion for labor or services as defined in Section 787.06(2), Florida Statutes. Attestations shall be documented using a Anti-Human Trafficking Affidavit as provided by the BBCRA, Attachment “N,” Anti-Human Trafficking Affidavit. END OF MAIN DOCUMENT - PROCEED TO ATTACHMENTS 15 861 4926-3384-6902, v. 2 LIST OF ATTACHMENTS: A. PARCEL DESCRIPTIONS & MAPS B. SURVEY OF BBCRA OWNED PROPERTIES C. PROPOSAL CHECKLIST D. PROPOSER(S) INFORMATION E. PROPOSED PROJECT FUNDING USES AND SOURCES INFORMATION F. DISCLOSURE AND AUTHORIZATION TO PERFORM CREDIT CHECK (PRINCIPAL OWNERS) i. AUTHORIZATION TO PERFORM CREDIT CHECK (BUSINESS) G. CITY OF BOYNTON BEACH PLANNING AND DEVELOPMENT DEPARTMENT MEETING VERIFICATION FORM H. ACKNOWLEDGMENT LETTER I. ADDENDA ACKNOWLEDGEMENT J. PUBLIC ENTITY CRIMES STATEMENT K. CERTIFICATION OF DRUG FREE WORKPLACE PROGRAM L. AUTHORIZATION FOR RELEASE OF INFORMATION M. CERTIFICATION OF NON-SCRUTINIZED COMPANY N. ANTI-HUMAN TRAFFICKING AFFIDAVIT 16 862 Map Number Address PCN Lot Size Approx. Measurements Current Zoning Future Land Use Potential House(s) 1 135 NE 3rd Avenue 08-43-45-21-30-002-0210 0.33 145 L x 100 W R2 Duplex 10 DU/AC HDR 15 DU/AC 2 Houses 2 407 NE 1st Street 08-43-45-21-30-002-0231 0.17 106 L x 70 W R2 Duplex 10 DU/AC HDR 15 DU/AC 1 House 3 524 NW 3rd Street 08-43-45-21-16-000-0150 0.19 118 L x 72 W R1A 6 DU/AC LDR 5 DU/AC 1 House 4 507 NW 12th Avenue 08-43-45-21-14-000-4360 0.24 110 L x 100 W R2 Duplex 10 DU/AC MDR 11 DU/AC 2 Houses 5 Lot 348 NW 11th Avenue 08-43-45-21-14-000-3480 0.18 100 L x 74 W R2 Duplex 10 DU/AC MDR 11 DU/AC 1 House TOTAL 7 Houses ATTACHMENT "A" PARCEL DESCRIPTIONS 17 863 ATTACHMENT “A” PARCEL MAPS G˛ h z�“ ÁG˛ ÁhGÀ 18 864 ATTACHMENT “A” PARCEL MAPS 19 865 ATTACHMENT “A” PARCEL MAPS 20 866 ATTACHMENT “B” SURVEYS OF BBCRA OWNED PROPERTIES 21 867 © 2025 Microsoft Corporation © 2025 TomTom LOT 22BLOCK 2(VACANT)LOT 21BLOCK 2(VACANT)LOT 20BLOCK 2(OCCUPIED)NORTH 12 OF LOT 23BLOCK 2(VACANT)SOUTH 12 OF LOT 23BLOCK 2(OCCUPIED)FD UIR(0.10' E)FD UIR(0.73' E)FD IR(0.79' E)LOT 3, BLOCK 2(OCCUPIED)LOT 4, BLOCK 2(OCCUPIED)LOT 2, BLOCK 2(VACANT)91°6'0"(P)91°19'47"(M)8 8 ° 5 4 ' 0 " ( P ) 8 8 ° 3 6 ' 5 " ( M )91°6'0"(P)1 STORYWOODFRAME#137100'(P) 100.07'(M)143'(P) 143.08'(M)100'(P) 99.89'(M)SET IRCBDH LB 8012143'(P) 143.82'(M)91°25'3"(M)(ASPHALT PAVEMENT)NE 3RD AVENUE(SHEPARD STREET PER PLAT)30' ROWEDGE OF PAVEMENTCONCRETESIDEWALKCONCRETE1.3'3.3'88°54'0"(P)88°39'12"(M)N/ADHDH1"=10'S-1REVISED SURVEY NOTES05/8/251BOUNDARY SURVEYFULL SIZE (24"X36"): 1" = 500'HALF SIZE (11"X17"): 1" = 1000'KEY AND LOCATION MAPABBREVIATIONS:BLDG. = BUILDINGB.M. = BENCH MARKCL. = CENTERLINED = DEEDCONC = CONCRETEFD = FOUNDGV = GATE VALVEIR = IRON RODIRC = IRON ROAD & CAPN/D = NAIL AND DISKN/T = NAIL AND TABOE = OVERHEAD POWER LINEO.R.B. = OFFICIAL RECORDS BOOKP = PLATP.A. = PLATTED ALLEYPBC = PALM BEACH COUNTYPG. = PAGERP = ROAD PLATS/W = SIDEWALKSR = STATE ROADUIR = UNMARKED IRON RODWM = WATER METERWPP = WOOD POWER POLEWF = WOOD FENCETYP. = TYPICALP.A. = PLAT BOOKROW = RIGHT OF WAYTOPO LEGEND:FOUND 5/8" IR OR IPUNMARKEDEX. WATER METERWOOD POWER POLEH/C DETECTABLE WARNINGSSECTION CORNERQUARTER SECTION CORNERASPHALT PAVEMENTCONCRETE FULLSIZE (24" X 36"): GRAPHIC SCALE0HALFSIZE (11" X 17"): 1" = 20'1" = 10'40'20'10'SEALDATE:DRAWING NO.05/05/25NOREVISIONS / SUBMISSIONSDATEDESIGNEDDRAWNCHECKEDREVIEWEDDATESCALEPROJECT NOPROJECT TITLESTATE OF FLORIDA CERTIFICATE OF AUTHORIZATION # 30026STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION # LB8012712 NE 8TH AVENUE BOYNTON BEACH, FLORIDA 33435P: (561) 452-2348 ▪ F: (561) 327-2654 ▪ W: WWW.BDHCG.COM135 NE 3RD AVENUE,BOYNTON BEACH,FLORIDA 3343525-0421805/05/2025GSNOTES:SURVEY NOTES:1. REPRODUCTIONS OF THIS SURVEY ARE NOT VALID UNLESS SEALED BY THE SIGNING SURVEYOR.2. THIS DRAWING IS THE PROPERTY OF BDH CONSULTING GROUP, LLC AND SHALL NOT BE USED OR REPRODUCEDIN WHOLE OR IN PART WITHOUT PERMISSION OF BDH CONSUTING GROUP, LLC.3. THE UNDERSIGNED HAS REVIEWED THE PROPERTY FOR EASEMENTS, AND OTHER SIMILAR MATTERS OF RECORDPER CLIENT PROVIED AMERICAN LAND TITLE ASSOCIATION COMMITMENT ISSUED BY OLD REPUBLIC NATIONALTITLE INSURANCE COMPANY:COMMITMENT NUMBER: 1634640,ISSUING OFFICE FILE NUMBER: BBCRA/135 NE 3RD AVE".4. LEGAL DESCRIPTION PER ABOVE REFERENCED PROVIDED TITLE COMMITMENT.5. THIS SURVEY DOES NOT PURPORT TO IDENTIFY IMPROVEMENTS BELOW GRADE, IF ANY, EXCEPT ASSPECIFICALLY NOTED HEREON.6. DISTANCE AND ANGLES SHOWN HEREON ARE BASED ON PLATTED MEASUREMENTS, FIELD MEASUREMENTS, ANDCALCULATIONS WITHIN THE PLAT SHEPARD-FUNK ADDITION, PLAT BOOK 2, PAGE 15.7. THIS SURVEY WAS PERFORMED ON THE FIELD UTILIZING GLOBAL POSITIONING SYSTEM WITH REAL TIMEKINEMATIC. ALL DISTANCES ARE GRID DISTANCES.8. FLOOD ELEVATION INFORMATION:COMMUNITY NO. = 120196 PANEL NO.= 070789DATE OF FIRM = 12/20/2024 SUFFIX= GFIRM ZONES = X BASE FLOOD ELEVATION = N/A9. PROPERTY ADDRESS: 135 NE 3RD AVENUE, BOYNTON BEACH, FL 3343510. BROWARD COUNTY PARCEL CONTROL NUMBER: 08-43-45-21-30-002-021011. CONTAINING 14,297.36 SF, MORE OR LESS.12. CERTIFY TO: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCYLEWIS, LONGMAN & WALKER, PAOLD REPUBLIC NATIONAL TITLE INSURANCE COMPANYLEGAL DESCRIPTION:LOTS 21 AND 22, BLOCK 2, SHEPARD FUNK ADDITION TO THE TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOFAS RECORDED IN PLAT BOOK 2, PAGE 15, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.THIS SITEWATER14' P.A. 14' P.A.22868 Tne North 1/2 of Lot 23 and the North 1/2 of Lot 24, less the East 10' thereof, Block 2, SHEPARD-FUNK ADDITION, according to the plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, as recorded in Plat Book 2, Page 15. Community Number: 120196 Panel: 0793 Suffix: F Flood Zone: X Field Work: 11/1/2020 Certified To: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY; LEWIS, LONGMAN & WALKER, P.A.; OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Property Address: 407 NE 1ST STREET BOYNTON BEACH, FL 33435 Survey Number: 441086 Client File Number: BBCRA/KALLIANTAS 23 869 SCALE1"=25' LOT 24BLOCK 2 (INCLUDED) PORTION OF NE 1ST STREETBUILDING #407 LOT 23BLOCK 2 (INCLUDED) PORTION OF REMAINDER OF (NOT INCLUDED) BLOCK 2LOT 24REMAINDER OF (NOT INCLUDED) BLOCK 2LOT 23 BLOCK 2 LOT 22 BLOCK 2 LOT 3 BLOCK 2 LOT 2 BLOCK 2 LOT 1 106.10' 71.50'106.10' 71.50' 71.50'88°54'00"91°06'00" 91°06'00" 88°54'00" 14' R/W ALLEY 10.0'15.0' 10.0'15.0'14.0'30.4'36.2'30.4'36.2'5.2'5.3'14.6' 15.3'35.9'35.8'7.3' 19.7'29.0'28.9'15.0'15.1'BUILDING #407 27.4'27.5'27.4'27.5'/ // // // // // // // // // // // // // // // // // // // // // // // // /2.3'ON 2.9'ON 5.4'ON4.8'ON4.2'OFF4.9'OFF0.1'OFF0.1'ON5.1'OFF5.9'OFF3.1'ON2.7'ON1.0'OFF 1.0'OFF A/C4.6'ON0.8'OFF2.7'ON 2.0'ON 3.0'OFF SET 1/2"IRON ROD LB #7893 SET 1/2" IRON ROD LB #7893 SET 1/2" IRON ROD LB #7893 SET 1/2" IRON RODLB #7893 FOUND 5/8" IRON ROD NO I.D.(0.4'N/0.2'E)158.0'(P)FOUND P-KNAIL NO I.D.171.72'(M)FOUND P-KNAIL NO I.D.77.57'(M)FOUND P-KNAILNO I.D. BLOCK CORNER SERVING FLORIDA 6250 N. MILITARY TRAIL, SUITE 102 WEST PALM BEACH, FL 33407 PHONE (561) 640-4800 STATEWIDE PHONE (800) 226-4807 STATEWIDE FACSIMILE (800) 741-0576 WEBSITE: http://targetsurveying.net BOUNDARY SURVEY SURVEY NOTESTHERE ARE FENCES NEAR THE BOUNDARYOF THE PROPERTY. No. 6415 STATE OF LB #7893 PAGE 2 OF 2 PAGES(NOT COMPLETE WITHOUT PAGE 1) SURVEYORS CERTIFICATE I HEREBY CERTIFY THAT THIS BOUNDARY SURVEY IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY PREPARED UNDER MY DIRECTION. NOT VALID WITHOUT AN AUTHENTICATED ELECTRONIC SIGNATURE AND AUTHENTICATED ELECTRONIC SEAL, OR A RAISED EMBOSSED SEAL AND SIGNATURE. KENNETH J OSBORNE PROFESSIONAL SURVEYOR AND MAPPER #6415 24 870 LOT 14(OCCUPIED)LOT 15(VACANT)LOT 16(OCCUPIED)LOT 17(OCCUPIED)BOYNTON HILLS SUB-DIVISIONLOT 98(OCCUPIED)LOT 83(OCUPPIED)NW 5TH AVE(ASPHALT PAVEMENT)NW 3RD ST(ASPHALT PAVEMENT)WATERSANSANITARYSEWERMANHOLESTORMWATERINLET(TYP.)WATERMETEREDGE OF PAVEMENTEDGE OF PAVEMENTFD IRCUNMARKED(0.1'S,0.1'W)FD IRCUNMARKED(0.53'E)FD IPUNMARKED(0.1'N, 0.09'E)WOODEN FENCE CORNER(0.6'N)CLFCORNER(0.8'N)CLFSANITARY SEWERCLEANOUT25' BLDG. SETBACK90°0'0" (P)90°0'0" (P)90°0'0" (P)9 0 ° 0 ' 0 " ( P ) 70.00' (P)120.00' (P)120.00' (P)70.00' (P) 50.00'20.00'CLF CORNER(0.17'S, 0.16'W)CHAINLINK FENCECORNERCLF CORNER(0.17'S, 0.16'W)NORTH 30' FEETOF LOT 16(NOT INCLUDED)(OCCUPIED)SOUTH 20' FEETOF LOT 16(INCLUDED)(VACANT)30.00'EAST LINE PLATBOUNDARY OFRIDGEWOOD HILLS(PB. 23, PG. 250)FD IRCUNMARKED(0.53'E)WEST LINE PLATBOUNDARY OFBOYNTON HILLS PLAT(PB. 4, PG. 51)RIDGEWOOD HILLS SUB-DIVISION 50' R/W50' R/W119.47' (M)70.12' (M)120.18' (M)69.89' (M) 9 0 ° 2 ' 1 1 " ( M )90°4'12" (M)90°30'37" (M)89°23'32" (M)TYPE "D"CONC. CURB(TYP.)25' BLDG. SETBACK50' R/W25' BLDG. SETBACK15' BLDG. SETBACK15' BLDG. SETBACK20' SERVICE DRIVE FULLSIZE (24" X 36"): GRAPHIC SCALE0HALFSIZE (11" X 17"): 1" = 20'1" = 10'40'20'10'WESNSEALDATE:DRAWING NO.03/30/24NOREVISIONS / SUBMISSIONSDATEDESIGNEDDRAWNCHECKEDREVIEWEDDATESCALEPROJECT NOPROJECT TITLESTATE OF FLORIDA CERTIFICATE OF AUTHORIZATION # 30026STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION # LB8012712 NE 8TH AVENUE BOYNTON BEACH, FLORIDA 33435P: (561) 452-2348 ▪ F: (561) 327-2654 ▪ W: WWW.BDHCG.COM524 NW 3RD ST,BOYNTON BEACH,PALM BEACH COUNTY,FLORIDA24-041225/15/2024N/ACBDHDH1"=10'S-1BOUNDARY SURVEYFULL SIZE (24"X36"): 1" = 500'HALF SIZE (11"X17"): 1" = 1000'KEY AND LOCATION MAPTHIS SITEABBREVIATIONS:BLDG. = BUILDINGB.M. = BENCH MARKC = CALCULATEDCLF = CHAIN LINK FENCECONC = CONCRETEC.M. = CONCRETE MONUMENTCBS = CONCRETE BLOCK STRUCTURECSE = COVERED SCREENED ENCLOSURED&C = DEEDED AND CALCULATEDD = DEEDEDE = EASTEB = ELECTRIC BOXEL. = ELEVATIONEX = EXISTINGFD = FOUNDF.F. = FINISHED FLOORGV = GATE VALVEH = HEIGHTH/C = HANDICAPIP = IRON PIPEIR = IRON ROADIRC = IRON ROAD & CAPLB = LICENSED BUSINESS(M) = MEASUREDM&P = MEASURED AND PLATTEDN = NORTHN/D = NAIL AND DISKN/T = NAIL AND TABN/A = NON-APPLICABLENAVD = NORTH AMERICAN VERTICAL DATUMN = NORTHN.T.S. = NOT TO SCALEO/S = OFFSETOHW = OVERHEAD WIRESO.R.B. = OFFICIAL RECORD BOOK(P) = PLATTEDPE = PLATTED EASEMENTPN = PARCEL NUMBERPG. = PAGEP.R.M. = PERMANENT REFERENCE MONUMENT(P) = PLATPB. = PLAT BOOKP.A. = PLATTED ALLEYP.O.B. = POINT OF BEGINNINGP.O.C. = POINT OF COMMENCEMENTPC = POINT OF CURVATUREPCN = PROPERTY CONTROL NUMBERPRC = POINT OF REVERSE CURVATUREPT = POINT OF TANGENCYP.S.M. = PROFESSIONAL SURVEYOR AND MAPPERPROP. = PROPOSEDP.B.C.R. = PALM BEACH COUNTY RECORDSR. = RADIUSR/W = RIGHT OF WAYSECT. = SECTIONS = SOUTHSAN = SANITARYSF = SQUARE FEETS/W = SIDEWALKSR = STATE ROADST = STREETS.S.E. = SANITARY SEWER EASEMENTTYP. = TYPICALW = WESTWM = WATER METERWPP = WOOD POWER POLEWF = WOOD FENCETOPO LEGEND:FOUND 5/8" IR OR IPUNMARKEDEX. WATER METERWOOD POWER POLESANITARY SEWER CLEANOUTSECTION CORNERQUARTER SECTION CORNERSET 5/8" IR BDH CONSULTINGGROUP/LB 8012/DO NOT DISTURBWATERNOTES:I HEREBY CERTIFY THAT THE SURVEY SHOWN HEREON COMPLIES WITH STANDARDS OF PRACTICE FOR SURVEYS ASCONTAINED IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDASTATUTES, AND THAT SAID SURVEY IS TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF.04/26/2024DERIS H. BARDALES, P.S.M.PROFESSIONAL SURVEYOR AND MAPPERFLORIDA REGISTRARTION NUMBER 6778DATE OF LAST FIELD WORKSURVEY NOTES:1. REPRODUCTIONS OF THIS SURVEY ARE NOT VALID UNLESS SEALED BY THE SIGNING SURVEYOR.2. THIS DRAWING IS THE PROPERTY OF BDH CONSULTING GROUP, LLC AND SHALL NOT BE USED ORREPRODUCED IN WHOLE OR IN PART WITHOUT PERMISSION OF BDH CONSUTING GROUP, LLC.3. THE UNDERSIGNED HAS NOT REVIEWED THE PROPERTY FOR EASEMENTS, AND OTHER SIMILAR MATTERS OFRECORD.4. LEGAL DESCRIPTION PER CLIENT PROVIDED TITLE COMMITMENT NUMBER 1516287.5. THIS SURVEY DOES NOT PURPORT TO IDENTIFY IMPROVEMENTS BELOW GRADE, IF ANY, EXCEPT ASSPECIFICALLY NOTED HEREON.6. DISTANCE AND ANGLES SHOWN HEREON ARE BASED ON PLATTED MEASUREMENTS, FIELD MEASUREMENTS,AND CALCULATIONS WITHIN THE RIDGEWOOD HILLS PLAT.7. THIS SURVEY WAS PERFORMED ON THE FIELD UTILIZING GLOBAL POSITIONING SYSTEM WITH REAL TIMEKINEMATIC. ALL DISTANCES ARE GRID DISTANCES.8. FLOOD ELEVATION INFORMATION:COMMUNITY NO. = 120196 PANEL NO.= 0787DATE OF FIRM = 10/05/2017 SUFFIX= FFIRM ZONES = X BASE FLOOD ELEVATION = N/A9. PROPERTY ADDRESS: 524 NW 3RD ST, BOYNTON BEACH, FLORIDA 33435 (VACANT).10. PALM BEACH COUNTY PARCEL CONTROL NUMBER: 08-43-45-21-16-000-015011. CONTAINING 8400.00 SF, MORE OR LESS.12. CERTIFIED TO: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCYLEWIS, LONGMAN & WALKER, PAOLD REPUBLIC NATIONAL TITLE INSURANCE COMPANYLEGAL DESCRIPTION:LOT 15 AND SOUTH 20 FT OF LOT 16, RIDGEWOOD HILLS, ACCORDING TO THE PLAT THEREOF AS RECORDED INPLAT BOOK 23, PAGE 250, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.25871 Survey #:B-143844 Client File #:Page 1 of 2 Not valid without all pages Accepted By: Property Address: 507/509 N.W. 12 Avenue Boynton Beach , FLORIDA 33435 Notes: FENCE ENCUMBERS 3' UTILITY EASEMENT ALONG NORTH PROPERTY LINE. M.E. Land Surveying, LLC P.O. Box 970685 Miami, FL 33197 Phone: (305) 740-3319 Fax: (305) 669-3190 LB#: 7989 This survey shall not be used for construction/permitting purposes without written consent from the land surveyor who has signed and sealed this survey. P.S.M. No. 6792STATE OF FLORIDA SURVEYOR'S CERTIFICATION I HEREBY CERTIFY THAT THIS BOUNDARD SURVEY IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY PREPARED UNDER MY DIRECTION. THIS COMPLIES WITH THE MINIMUM TECHNICAL STANDARDS, AS SET FORTH BY THE STATE OF FLORIDA BOARD OF PROFESSIONAL LAND SURVEYOR'S IN CHAPTER 5J-I7-052, FLORIDA ADMINISTRATIVE CODE PURSUANT TO 427-023 FLORIDA STATUTES. SIGNED ______________________________________________________ FOR THE FIRM Efrain Lopez NOT VALID WITHOUT AN AUTHENTIC ELECTRONIC SIGNATURE AND AUTHENTICATED ELECTRONIC SEAL AND / OR THIS MAP IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A LICENSED SURVEYOR AND MAPPER 07/19/24 26 872 Survey #:B-143844 Client File #:Page 2 of 2 Not valid without all pages a. Property Address: 507/509 N.W. 12 Avenue Boynton Beach , FLORIDA 33435 General Notes: The Legal Description used to perform this survey was supplied by others. This survey does not determine or is not to imply ownership1.) This survey only shows above ground improvements. Underground utilities, footings, or encroachments are not located on this survey map2.) The minimum relative distance accuracy for this type of Survey is 1 foot in 10,000 feet. The accuracy obtained by measurement and calculation 3.) of closed geometric figures was found to exceed this requirement. Well-identified features as depicted on the Survey Map were measure to an estimated horizontal positional accuracy of 1/10 foot. If there is a septic tank, well, or drain field on this survey, the location of such items was shown to us by others and the information was not 4.) verified. Examination of the abstract of title will have to be made to determine recorded instruments, if any, affect this5.) property. The lands shown herein were not abstracted for easement or other recorded encumbrances not shown on the plat. Wall/fence ties shown are from the inside face of the wall/fence to the property line.6.) Fence ownership is not determined.7.) Bearings referenced to line noted B.R also are assumed.8.) Dimensions shown are platted and measured unless otherwise shown.9.) No identification found on property corners unless noted.10.) Not valid unless sealed with the signing surveyors embossed seal.11.) Boundary survey means a drawing and/or graphic representation of the survey work performed in the field,12.) could be drawn at a shown scale and/or not to scale. Elevations if shown are based upon NGVD 1929 unless otherwise noted.13.) This is a BOUNDARY SURVEY unless otherwise noted.14.) This survey is exclusive for the use of the parties to whom it is certified. The certifications do not extend15.) to any unnamed parties. This survey shall not be used for construction/permitting purposes without written consent from the land 16.) surveyor who has signed and sealed this survey. Flood Information: 120196 Community Number: 12099C0787 Panel Number: B Suffix: 10/05/2017 Date of Firm Index: X Flood Zone: Base Flood Elevation: 07/12/2024 Date of Field Work: 07/19/2024Date of Completion: Legal Description: Lot 436, 437, 438 and 439, of CHERRY HILLS, according to the plat thereof, as recorded in Plat Book 4, Page 58, of the public records of Palm Beach County, FLORIDA Printing Instructions: While viewing the survey in any PDF Reader, select the File Drop-down and select "Print". Select a color printer, if available; or at least one with 8.5" x 14" (legal) paper. Select ALL for Print Range, and the # of copies you would like to print out. Under the "Page Scaling" please make sure you have selected "None". Do not check the "Auto-rotate and Center" box. Check the "Choose Paper size by PDF" checkbox, then click OK to print. Certified To: The Boynton Beach Community Redevelopment Agency Lewis, Longman & Walker, P.A. Old Republic National Title Insurance Company its successors and/or assigns as their interest may appear. Please copy below for policy preparation purposes only: This policy does not insure against loss or damage by reason of the following exceptions: Any rights, easements, interests, or claims which may exist by reason of, or reflected by, the following facts shown on the survey prepared by Efrain , for M.E. Land Surveying, LLC., dated bearing Job # Lopez 07/19/2024 :B-143844 FENCE ENCUMBERS 3' UTILITY EASEMENT ALONG NORTH PROPERTY LINE. M.E. Land Surveying, LLC P.O. Box 970685 Miami, FL 33197 Phone: (305) 740-3319 Fax: (305) 669-3190 LB#: 7989 27 873 © 2024 M ic roso f t Co rpo rat ion © 20 24 Tom Tom LOT 3 51 LOT 3 52 LOT 34 8 LO T 3 48 (OC CUP IED ) (OC CUP IED )DREXELL AVENUE(NW 11 th AVE)91°58'21"EDGE OFASPHALTEDGE OF PAVEMENTROADCENTERLINELOT 351LOT 350LOT 349LOT 348LOT 352LOT 348LOT 3488 8 ° 1 ' 3 9 " 88°1'39"91°58'21"R/W LINEFD IRUNMARKEDR/W LINEWATER METERFD IRUNMARKED4' H CHAINLINK FENCE6' H CHAINLINK FENCE6' H WOODEN FENCECONC CURBBACK OF S/WSANITARY SEWER MANHOLECONC. CURBCONC S/W4' H CHAINLINK FENCE6' H WOOD FENCE AND4' H CHAINLINK FENCESIGNNOILLEGALDUMPINGSIGNNO ILLEGALDUMPINGMAIL BOXFOUNDIRCYELLOW/OBRIENSUTTEROBRIEN/LB353FOUNDUNMARKEDIROEOEOEOEOEOEOEOEOEOESANFD MAG NAILFD MAG NAILFD MAG NAILWATER UTILITY WOODPOLEPOWER LIGHTPOLE(TYP.)102.00'(M&P) 102.00'(M&P)75.00'(M&P)75.00'(M&P)(CHERRY HILLSPB.4,PG.58)LOT LINE(TYP.)(VACANT)(OCCUPIED)(OCCUPIED)OVERHEADPOWER LINE(ASPHALT PAVEMENT) FULLSIZE (24" X 36"): GRAPHIC SCALE0HALFSIZE (11" X 17"): 1" = 20'1" = 10'40'20'10'WESNSEALDATE:DRAWING NO.02/16/24NOREVISIONS / SUBMISSIONSDATEDESIGNEDDRAWNCHECKEDREVIEWEDDATESCALEPROJECT NOPROJECT TITLESTATE OF FLORIDA CERTIFICATE OF AUTHORIZATION # 30026STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION # LB8012712 NE 8TH AVENUE BOYNTON BEACH, FLORIDA 33435P: (561) 452-2348 ▪ F: (561) 327-2654 ▪ W: WWW.BDHCG.COMCHERRY HILLS,BOYNTON LTS 348 TO350 A BOUNDARYSURVEY24-02163FEBRUARY 16, 2024N/ACBDHDH1"=10'S-1BOUNDARY SURVEYFULL SIZE (24"X36"): 1" = 500'HALF SIZE (11"X17"): 1" = 1000'KEY AND LOCATION MAPTHIS SITEABBREVIATIONS:BLDG. = BUILDINGB.M. = BENCH MARKCLF = CHAIN LINK FENCECONC = CONCRETEC.M. = CONCRETE MONUMENTCBS = CONCRETE BLOCK STRUCTURECSE = COVERED SCREENED ENCLOSUREE = EASTEB = ELECTRIC BOXEL. = ELEVATIONEX = EXISTINGF.F. = FINISHED FLOORGV = GATE VALVEH = HEIGHTIP = IRON PIPEIR = IRON ROADIRC = IRON ROAD & CAPLB = LICENSED BUSINESSM&P = MEASURED AND PLATTEDN = NORTHN/D = NAIL AND DISKN/T = NAIL AND TABN/A = NON-APPLICABLENAVD = NORTH AMERICAN VERTICAL DATUMN = NORTHN.T.S. = NOT TO SCALEO/S = OFFSETOHW = OVERHEAD WIRESO.R.B. = OFFICIAL RECORD BOOKPE = PLATTED EASEMENTPN = PARCEL NUMBERPG. = PAGEP.R.M. = PERMANENT REFERENCE MONUMENT(P) = PLATPB. = PLAT BOOKP.A. = PLATTED ALLEYP.O.B. = POINT OF BEGINNINGP.O.C. = POINT OF COMMENCEMENTPC = POINT OF CURVATUREPRC = POINT OF REVERSE CURVATUREPT = POINT OF TANGENCYP.S.M. = PROFESSIONAL SURVEYOR AND MAPPERPROP. = PROPOSEDP.B.C.R. = PALM BEACH COUNTY RECORDSR. = RADIUSR/W = RIGHT OF WAYSECT. = SECTIONS = SOUTHSF = SQUARE FEETS/W = SIDEWALKSR = STATE ROADST = STREETS.S.E. = SANITARY SEWER EASEMENTTYP. = TYPICALW = WESTWM = WATER METERWPP = WOOD POWER POLESURVEY NOTES:1. REPRODUCTIONS OF THIS SURVEY ARE NOT VALID UNLESS SEALED BY THE SIGNING SURVEYOR.2. THIS DRAWING IS THE PROPERTY OF BDH CONSULTING GROUP, LLC AND SHALL NOT BE USED OR REPRODUCED IN WHOLE ORIN PART WITHOUT PERMISSION OF BDH CONSUTING GROUP, LLC.3. THE UNDERSIGNED HAS NOT REVIEWED THE PROPERTY FOR EASEMENTS, AND OTHER SIMILAR MATTERS OF RECORD.4. LEGAL DESCRIPTION PER PROPERTY WARRANTY DEED.5. THIS SURVEY DOES NOT PURPORT TO IDENTIFY IMPROVEMENTS BELOW GRADE, IF ANY, EXCEPT AS SPECIFICALLY NOTEDHEREON.6. DISTANCE AND ANGLES SHOWN HEREON ARE BASED ON PLATTED MEASUREMENTS, FIELD MEASUREMENTS, ANDCALCULATIONS WITHIN THE PLAT ENTITLED CHERRY HILLS7. THIS SURVEY WAS PERFORMED ON THE FIELD UTILIZING GLOBAL POSITIONING SYSTEM WITH REAL TIME KINEMATIC. ALLDISTANCES ARE GRID DISTANCES.8. FLOOD ELEVATION INFORMATION:COMMUNITY NO. = 120196 PANEL NO.= 0787DATE OF FIRM = 10/05/2017 SUFFIX= FFIRM ZONES = X BASE FLOOD ELEVATION = N/A9. PROPERTY ADDRESS: NW 11TH AVE, BOYNTON BEACH, FLORIDA 33435 (VACANT).10. PALM BEACH COUNTY PARCEL CONTROL NUMBER: 08-43-45-21-14-000-348011. CONTAINING 7647 SF, MORE OR LESS.12. CERTIFIED TO: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCYLEWIS, LONGMAN & WALKER, PAATTORNEY'S TITLE INSURANCE FUNDTOPO LEGEND:FOUND 5/8" IR OR IP UNMARKEDEX. WATER METERWOOD POWER POLESIGN POSTPOWER LIGHT POLESET 5/8" IR BDH CONSULTINGGROUP/LB 8012/DO NOT DISTURBWATERNOTES:I HEREBY CERTIFY THAT THE SURVEY SHOWN HEREON COMPLIES WITH STANDARDS OF PRACTICE FOR SURVEYS ASCONTAINED IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDASTATUTES, AND THAT SAID SURVEY IS TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF.02/16/2024DERIS H. BARDALES, P.S.M.PROFESSIONAL SURVEYOR AND MAPPERFLORIDA REGISTRARTION NUMBER 6778DATE OF LAST FIELD WORKLEGAL DESCRIPTION:CHERRY HILLS, BOYNTON LTS 348 TO 350 INC. AS RECORDED IN PLAT BOOK 4, PAGE 58, OF THEPUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.NW 12TH AVENW 11TH AVENW 10TH AVENW 9TH AVENW 13TH AVENW 4TH STNW 5TH STNW 3TH ST28874 4926-3384-6902, v. 2 ATTACHMENT “C” PROPOSAL CHECKLIST This checklist is provided as an abbreviated reference to Paragraph 10, Proposal Submission Requirements. This checklist is NOT intended to replace the requirements of Paragraph 10: A. ______ Provide a general written statement describing the qualifications and background of the Proposer including any financial (equity) partner. B. ______ Provide a completed Attachment “D”, Proposer(s) Information. C. ______ Provide a certificate of good standing from the Secretary of State of Florida and the state in which the corporation is headquartered, if not Florida. D. ______ Provide an acknowledgement letter attesting that the Proposer has read and understands all procedures and requirements of this ITN (see Attachment “H,” Acknowledgement Letter). E. ______ Provide a list of Proposer’s key personnel that will be directly involved in proposed Project’s development or management team, along with their professional qualifications, and a list of similar projects on which they have actively participated. Provide no less than three and no more than ten related projects for this item. F. ______ Provide a written list of similar projects developed by the Proposer, or companies controlled by its principals, and Proposer’s team that were completed within the last ten (10) years, including photographs, addresses, dates the projects were completed, and general project description. G. ______ Provide a brief profile for each member of the development team other than the proposing developer, as well as the resumes of the key personnel who would be assigned to the Project. H. ______ Provide a detailed description of the proposed Project, with text, tabulations and graphics. I. ______ Provide a proforma financial analysis including a development budget with a detailed breakdown of all Project pre-development costs, other soft and financing costs, property acquisition from the BBCRA (and others if additional properties are included in the Proposal), construction and other hard costs and post-construction period sales or other development costs, a sources and uses statement clearly identifying the sources 29 875 4926-3384-6902, v. 2 and amounts and terms of all of the proposed debt and equity funding sources to pay for the Project. A Proposer may submit the requested breakdown information under a format of their own choosing but must also complete the Proposed Project Funding Uses and Sources Information form provided as Attachment “E”. J. ______ Provide a list of entities and demonstrate experience with obtaining such project- based subsidies for workforce housing by listing projects and the amount and type of subsidy utilized or other information that would support Proposer’s ability to secure such financing, if the Project is proposed to use funding subsidies from the BBCRA or other qualified entities. K. ______ Provide a description of how the Proposer will make attempts to utilize local qualified contractors, and sub-contractors, and laborers in the proposed Project as well as pre-apprenticeship or apprenticeship training. Documentation of this effort will be required as part of the project monitoring. L. ______ Provide proof of financial capability to complete the proposed Project. Financial capability will be demonstrated by submitting a current (audited, if available) financial statement of the proposing entity, or underlying entity if proposing entity was recently created, which includes a balance sheet, a three-year statement of past income, and a projected one-year income statement for the current fiscal year for the Proposer (and its parent entity if Proposer is a subsidiary). M. ______ Provide a signed written statement of intent to purchase the Project Site indicating the proposed purchase price along with a statement of willingness to execute a Purchase and Development Agreement within ninety (90) days of selection if selected. N. ______ Provide authorization to perform credit checks for each Proposer or business entity. The authorization must be executed by the appropriate officer of Proposer entity (see Attachment “F, F.i.” Disclosure and Authorization to Perform Credit Check forms). O. ______ Provide a list of all civil and criminal legal actions in which each Proposer entity (and its parent entity if it is a subsidiary) is currently a named party or was a named party in the past four (4) years. If there are none, provide a written statement to this fact. P. ______ Provide a statement as to whether the Proposer is in arrears of any taxes or other financial obligations to the BBCRA, City, or any other municipal or state entities. If there are none, provide a written statement to this fact. 30 876 4926-3384-6902, v. 2 Q. ______ Provide a PowerPoint presentation of the proposal, consisting of no more than fifteen (15) slides with maximum of three (3) slides dedicated to Proposer’s past history and experience information. R. ______ Provide executed form verifying that the Proposer has met with City of Boynton Beach Planning and Development Department staff to review the Land Development Regulation requirements and development review processes applicable to the Project being proposed (see Attachment “G,” City of Boynton Beach Planning and Development Department Meeting Verification Form). S. ______Provide all other requirements contained in this ITN, including all attachments that which require information from the Proposer Attachments H thru N. 31 877 4926-3384-6902, v. 2 ATTACHMENT “D” PROPOSER(S) INFORMATION Name: ________________________________________________________________________ Street Address: _________________________________________________________________ Mailing Address (if different): ______________________________________________________ City, State, Zip: _________________________________________________________________ Telephone No.: _______________________ Fax No.: ___________________________________ Email Address of Contact Person: ___________________________________________________ Ownership Status - Is the company currently for sale or involved in any transaction to expand or to be acquired by another business entity? If yes, please explain the impact to the organization and management efforts. _________________________________________________________ ______________________________________________________________________________ Age of Organization – In continuous business since: _____________________________________ Leadership - List Corporate Officers, Principals, Partners or owners of your Organization with titles and addresses. If a publicly held company, list Chairman of the Board, CEO, and President: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Federal Identification No.: ________________________________________________________ State of Incorporation & Registration No.: ____________________________________________ If not a corporation, explain your status: _____________________________________________ ______________________________________________________________________________ For joint ventures, the Proposer must summarize the actual or proposed amount of financial participation and control of each party within the partnership. If the entity is a subsidiary of, or otherwise affiliated with another organization, the Proposer shall indicate such relationship. 32 878 4926-3384-6902, v. 2 ATTACHMENT “E” PROPOSED PROJECT FUNDING USES AND SOURCES INFORMATION Project Uses and Sources Land Costs $ - Soft Costs $ - Construction Costs $ - Carrying Cost/Financing Costs $ - Marketing and Sales Costs $ - Permit and Impact Fee Costs $ - Developer Overhead and Profit $ - Total Project Cost $ - Capital Stack Proposer/Developer Equity $ - Outside Capital Investor Equity $ - Mortgage or Financed Amount $ - Amount of BBCRA contribution requested, if any $ - Other funding as identified $ - Funding Total $ - 33 879 4926-3384-6902, v. 2 ATTACHMENT “F” DISCLOSURE AND AUTHORIZATION TO PERFORM CREDIT CHECK For Principal/Owner: (Please use a separate form for each principal/owner) As Principal/Owner of Proposer, I ___________________ (name) hereby affirm I have read the above disclosure, and consent to and authorize the Boynton Beach Community Redevelopment Agency’s (“BBCRA”) investigation into my credit worthiness. Such consent and authorization is given with respect to any and all persons who may conduct an investigation of my credit worthiness on behalf of the BBCRA, including independent contractors and credit agencies retained by the BBCRA for such purpose. Any information provided to the BBCRA is a public record subject to the provisions of Ch. 119 F.S., and I may request a copy of any information provided to the BBCRA as part of the BBCRA’s investigation into my credit worthiness. I grant such consent and authorization to the BBCRA for the period commencing as of the date of this authorization and terminating at the time a Proposal is selected by the BBCRA Board. I hereby waive any and all claims, past present or future, which I may have against the BBCRA by reason of any credit investigation made pursuant to my consent and authorization herein given to the BBCRA. Proposer Name: ________________________________________________________________ Principal/Owner Name: __________________________________________________________ Date of Birth: ___________________________________________________________________ Current Home Address: ___________________________________________________________ ______________________________________________________________________________ Previous Home Address: __________________________________________________________ ______________________________________________________________________________ Email: _______________________________________ Telephone No.: ____________________ Signature:______________________________________________ Date:___________________ Print Name: ____________________________________________________________________ 34 880 4926-3384-6902, v. 2 ATTACHMENT “F.i.” AUTHORIZATION TO PERFORM CREDIT CHECK For Proposer (Business Entity): The Proposer hereby consents to and authorizes the Boynton Beach Community Redevelopment Agency’s (“BBCRA”) investigation into the credit worthiness of the Proposer. Such consent and authorization is given with respect to any and all persons who may conduct an investigation of the Proposer’s credit worthiness on behalf of the BBCRA, including independent contractors and credit agencies retained by the BBCRA for such purpose. Any information provided to the BBCRA is a public record subject to the provisions of Ch. 119 F.S. Proposer grants such consent and authorization to the BBCRA for the period commencing as of the date of this authorization and terminating at the time a Proposal is selected by the BBCRA Board. This Proposer hereby waives any and all claims, past present or future, which the Proposer may have against the BBCRA by reason of any credit investigation made pursuant to Proposer’s consent and authorization herein given to the BBCRA. An authorization to Perform Credit Check will need to be completed by each Principal/Owner and by the Business. Proposer (Business) Name (D/B/A if applicable): _______________________________________ Current Business Address: ________________________________________________________ ______________________________________________________________________________ Federal Tax ID#: _____________________________ State of Incorporation: _________________ Telephone No.: ______________________________ Fax No.: ____________________________ Authorized Signature: ________________________________________ Date: _______________ Print Name: _______________________________ Title: ________________________________ 35 881 4926-3384-6902, v. 2 ATTACHMENT “G” CITY OF BOYNTON BEACH PLANNING AND DEVELOPMENT DEPARTMENT MEETING VERIFICATION FORM Proposer(s): _______________________________________________________ has(have) met with the City’s Planning & Development Department to review the development that will be proposed at the Project Site consisting of the following addresses and Property Control Number(s): Attachment “A” Aerial Map/Parcel Map (check all applicable)  BBCRA-owned Parcels Property Control Numbers 135 NE 3rd Avenue 08434521300020210 407 NE 1st Street 08434521300020231 524 NE 3rd Street 08434521160000150 507 NW 12th Avenue 08434521140004360 Lot 348 NW 11th Avenue 08434521140003480 General Summary of Proposed Development (check all applicable):  Approximate Total Number of Affordable/Workforce Housing Units ________________________  Approximate Overall Height _________ feet Approximate Number of Stories __________  Approximate Total Parking Spaces (including additional Public Parking Spaces) _______________ Pre-development/Entitlement Applications (check all applicable):  Future Land Use Amendment  Rezoning  Conditional Use for ________________________________________________________  Site Plan Approval  Replat  Other ___________________________________________________________________ City of Boynton Beach Planning & Development Dept. Staff Name/Signature: _________________________________________ Date: _____________ 36 882 4926-3384-6902, v. 2 ATTACHMENT “H” ACKNOWLEDGMENT LETTER PROPOSER(S) SHALL INCORPORATE THIS ACKNOWLEDGEMENT LETTER IN THEIR SUBMITTAL PACKAGE ***************************************************************************** Re: Boynton Beach Community Redevelopment Agency Invitation to Negotiate (ITN) dated _______________ Development of Affordable/Workforce Infill Housing To Whom It May Concern: The undersigned has read and understands all the procedures and requirements of the Boynton Beach CRA (BBCRA) Invitation to Negotiate (ITN) for the Development of Affordable/Workforce Infill Housing dated December 12, 2025. On behalf of Proposer identified below and our proposal team, we agree to and accept the terms, specific limitations, and conditions expressed therein. We have read, rely upon, acknowledge and accept the BBCRA’s disclosure and disclaimer, which is fully incorporated by reference into this letter, and certify that all of the requirements as described in the ITN are met and all required documents are enclosed. We further certify that all information presented in this proposal, and all of the information furnished in support of the proposal, is true and complete to the best of our knowledge and belief, and we are aware of the fact that making false statements or presenting false information that results in an Agreement may be penalized to the maximum extent allowed by law. Sincerely, _____________________________________________________________________ Name of Proposer _____________________________________________________________________ Print Name and Title _____________________________________________________________________ Authorized Signature ________________________________ Date 37 883 4926-3384-6902, v. 2 ATTACHMENT “I” ADDENDA ACKNOWLEDGEMENT Receipt is hereby acknowledged of the following addenda to the The Boynton Beach Community Redevelopment Agency Invitation to Negotiate Development of Affordable/Workforce Infill Housing By entering checking YES or NO in the space provided and indicating date received. No. 1 Yes No Date____________________ No. 2 Yes No Date ____________________ No. 3 Yes No Date ____________________ No. 4 Yes No Date ____________________ No. 5 Yes No Date ____________________ ITN INFORMATION WAS OBTAINED FROM: BBCRA Website Newspaper Ad City Hall Other, please specify: ___________ _______________________________________ Authorized Signature _______________________________________ Print Name _______________________________________ Title 38 884 4926-3384-6902, v. 2 ATTACHMENT “J” PUBLIC ENTITY CRIMES STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not: submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; submit a bid proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; submit bids, proposals, or replies on leases of real property to a public entity; be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; or transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months following the date of being placed on the convicted vendor list. As the person authorized to sign the Statement, I certify that Proposer has not been placed on the convicted vendor list within the past 36 months and complies fully with the above requirements. _______________________________ Proposer Name _______________________________ Authorized Signature _______________________________ Print Name _______________________________ Title ________________________________ Date 39 885 4926-3384-6902, v. 2 ATTACHMENT “K” CERTIFICATION OF DRUG FREE WORKPLACE PROGRAM I certify that __________________________________, the Proposer responding to this ITN, maintains a drug-free workplace program, and that the following conditions are met: (1) Proposer publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace; and specifying the actions that will be taken against employees for violations of such programs. (2) Proposer informs employees about the dangers of drug abuse in the workplace, the company’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Proposer gives each employee engaged in providing the commodities or contractual services included in this ITN a copy of the statement specified in Subsection (1). (4) In the statement specified in Subsection (1), Proposer notifies the employee that, as a condition of working in the commodities or contractual services covered under this ITN, he/she will abide by the terms of the statement; and will notify the employer (Proposer) of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 893 or any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) Proposer imposes a sanction on, or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community by, any employee who is convicted. (6) Proposer makes a good faith effort to continue to maintain a drug-free workplace through implementation of this Section 287.087, Florida Statutes. As the person authorized to sign the statement, I certify that Proposer complies fully with the above requirements. Authorized Signature: _________________________________________ Date: _____________ Name & Title (typed): ____________________________________________________________ 40 886 4926-3384-6902, v. 2 ATTACHMENT “L” AUTHORIZATION FOR RELEASE OF INFORMATION To whom it may concern: The undersigned hereby authorizes you to release to the Boynton Beach Community Redevelopment Agency (BBCRA) or the City of Boynton Beach any information in your possession regarding the undersigned either of a professional credit or personal nature including the statement of your opinions with regard to the undersigned’s professional credit and personal character, or of the Proposer identified below. The undersigned also authorizes you to release to the Boynton Beach Community Redevelopment Agency (BBCRA) or the City of Boynton Beach any information in your possession regarding the business identified as “Proposer” below. By: Print Name: _________________________ Title: _______________________________ Proposer (Business) Name (D/B/A if applicable): ______________________________________ Current Business Address: ________________________________________________________ ______________________________________________________________________________ Federal Tax ID#: ___________________________ State of Incorporation: _________________ STATE OF FLORIDA COUNTY OF _______________________________ THE FOREGOING INSTRUMENT was acknowledged before me this day of , 20___, by _____ who is personally known to me or who has respectively produced as identification and did not take an oath. Notary Public: Print Name: ______________ Commission No: (Seal) My Commission Expires: 41 887 4926-3384-6902, v. 2 ATTACHMENT “M” CERTIFICATION OF NON-SCRUTINIZED COMPANY _____________________________, as Proposer, hereby certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, and is not engaged in a boycott of Israel. If the BBCRA determines that this certification is falsified or contains false statements, or that Proposer is placed Scrutinized Companies that Boycott Israel List or engages in a boycott of Israel after the submittal of the Proposal or the execution of any agreement arising out of this ITN, the BBCRA may disqualify the Proposal and/or terminate the agreement. _______________________________ Proposer Name By: ____________________________ Authorized Representative of Proposer Date: __________________________ STATE OF FLORIDA COUNTY OF _______________________________ THE FOREGOING INSTRUMENT was acknowledged before me this day of , 20___, by _____ who is personally known to me or who has respectively produced as identification and did not take an oath. Notary Public: Print Name: ______________ Commission No: (Seal) My Commission Expires: 42 888 4926-3384-6902, v. 2 ATTACHMENT “N” 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; 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. 43 889 4926-3384-6902, 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 44 890 891 892 893 PAGE 1 OF 4 ADDENDUM NO. 1 TO BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY INVITATION TO NEGOTIATE (ITN) FOR THE DEVELOPMENT OF AFFORDABLE/WORKFORCE INFILL HOUSING January 16, 2026 TO ALL PROPOSERS AND OTHERS CONCERNED The Boynton Beach Community Redevelopment Agency (BBCRA) issued an INVITATION TO NEGOTIATE (ITN) seeking Proposals to provide affordable and workforce housing within the BBCRA Area through the acquisition and redevelopment of BBCRA-owned properties in Boynton Beach, Florida. The intent of this ITN Addendum is to provide supplemental information or provide clarification when requested. Proposers submitting responses for the above-referenced project shall take note of the following changes, additions, deletions clarifications, etc., to the ITN which shall become a part of and have precedence over anything shown or described otherwise. Question #1: Is the ITN based on price? Answer: ITN Proposal Evaluation and Selection Process is outlined in section 13 of the ITN. Price is an element of consideration as a part of the Project Viability and Capability of the Proposer. This needs to be accounted for in the pro forma and Attachment E proposed project funding uses and sources information. Question #2: Is a bid bond required? Answer: A bid bond is not required by the BBCRA. However, All proposers must meet requirements as detailed in Section 10 of the ITN. Question #3: Is preference for those submitting for all properties reflected in the scoring? Answer: Yes. Please refer to the ITN Proposal Evaluation and Selection Process as outlined in section 13. Question #4: Are the homes to be pre-sold? Answer: This is not a requirement of the ITN, However, the method used to sell the homes will need to be identified within the proposal in accordance with Section 10 of the ITN. 894 PAGE 2 OF 4 Question #5: Are all homes to be built at the same time? Answer: It is assumed that all houses will be built by the successful proposer within a reasonable timeframe that needs to be identified within the proposals in accordance with section 9 of the ITN. Question #6: Are the two larger lots suitable for duplexes? Answer: Duplexes do not meet the requirements of the ITN. Please refer to section 9 and 10 of the ITN Question #7: Preference on size of home/room sizes? Answer: Please refer to section 9 of the ITN. Question #8: Please provide the address for the 2 larger lots that need to be separated? Answer: Please refer to Attachment A parcel descriptions of the ITN for lots 1 and 5. Question #9: What is the width of 135 NE 3rd Avenue? Answer: Please refer to “Attachment A Parcel Descriptions” of the ITN Question #10: When registering for the ITN, are we to provide email addresses of all company employees involved in the ITN? Answer: No. Only the main point of contact of the proposer. Question #11: Is it 18 months to CO or sale of property? Answer: Please refer to section 9.5 of the ITN. Question #12: Are the lots cleared? Answer: Yes. Question #13: Have Environmental Site Assessments (Phase I & II) been done? Answer: No. All Environmental assessments, permitting and ancillary costs will be at the sole expense of the successful proposer. 895 PAGE 3 OF 4 Question #14: Are respondents supposed to propose acquisition cost? Answer: Yes. Please account for this in the pro forma and “Attachment E Proposed Project Funding Uses and Sources Information.” Question #15: Does the CRA have a sales price for the homes? Answer: Please refer to Paragraph 9.7 of the ITN and the Workforce Housing Program (WHP) 2025 For Sale Prices and Incomes https://discover.pbcgov.org/HED/PDF/Workforce%20Housing/WHP%20Sale%20Prices_ %20Incomes_%202025%20ua.pdf Question #16: Will a proposed acquisition amount be required, or can we factor $0 for acquisition cost in the pro forma? Answer: Please account for this in the pro forma and “Attachment E Proposed Project Funding Uses and Sources Information.” Question #17: Does the BBCRA intend to cover the cost for title transfer & recording fees, or should proposers include a line item for this? Answer: All title transfer & recording fees will be at the sole expense of the successful proposer. Question #18: Do the parcels all have clean titles or are there liens and encumbrances on any of them? Answer: All lots have clean titles. Question #19: Are you at liberty to disclose the names of the other organizations that have submitted the required registration for this ITN? Answer: All respondents and interested parties are subject to public records request. Question #20: Has there been an environmental inspection performed on each property? Only see the Appraisal Report in the related documents. If E.I. has been performed, is that report available? Answer: No environmental assessments have been performed by the CRA. 896 PAGE 4 OF 4 Question #21: In section 5 (incentives for the project), the ITN document refers to Grants being offered by the BBCRA..."the successful Proposer(s) will be eligible to participate in CRA grant programs and other financial incentives on equal footing with other applicants. Proposers may request other incentives in their Proposal." In reviewing the BBCRA website, the only Grant programs listed were for businesses. Are there other grants/incentives listed somewhere else pertaining to affordable/workforce housing development? Answer: We currently do not have any grants eligible for this project, except for the City of Boynton Beach’s State Housing Initiative Program (SHIP) Funding for prospective homebuyers. More information is available at https://www.boynton-beach.org/371/State- Housing-Initiative-Partnership-SHI Disposal of the property at less than fair market value would be considered as incentive for this project. Question #22: Does the BBCRA maintain a list of income eligible 1st time homebuyers? Answer: No. However, the City of Boynton Beach’s SHIP Funding Program does maintain a list of income eligible prospective homebuyers Question #23: I did have an additional query regarding access to an updated 2026 Workforce Housing Programs (WHP) sales prices and income charts? In addition, are there any additional affordable housing incentives and grants available for nonprofit developers? Answer: The Workforce Housing Programs (WHP) sales prices and income charts are released annually around the month of July. The CRA does not have any additional affordable housing incentives and grants available for nonprofit developers. 897 PAGE 1 OF 1 ADDENDUM NO. 2 TO BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY INVITATION TO NEGOTIATE (ITN) FOR THE DEVELOPMENT OF AFFORDABLE/WORKFORCE INFILL HOUSING January 20, 2026 TO ALL PROPOSERS AND OTHERS CONCERNED The Boynton Beach Community Redevelopment Agency (BBCRA) issued an INVITATION TO NEGOTIATE (ITN) seeking Proposals to provide affordable and workforce housing within the BBCRA Area through the acquisition and redevelopment of BBCRA-owned properties in Boynton Beach, Florida. The intent of this ITN Addendum is to provide supplemental information or provide clarification when requested. Proposers submitting responses for the above-referenced project shall take note of the following changes, additions, deletions clarifications, etc., to the ITN which shall become a part of and have precedence over anything shown or described otherwise. Question #1: Is it anticipated that the selected proposer will be required to purchase the lots identified in the ITN from the CRA, or is it anticipated that the lots may be conveyed or donated to the selected developer in support of the provision of affordable/workforce housing? Answer: ITN Proposal Evaluation and Selection Process is outlined in section 13 of the ITN. Price is an element of consideration as a part of the Project Viability and Capability of the Proposer. This needs to be accounted for in the pro forma and Attachment E proposed project funding uses and sources information. A purchase price less than fair market value will be considered as an incentive for the project. Question #2: Would the CRA consider alternative ownership structures, such as a Community Land Trust model utilizing leasehold ownership, in lieu of fee simple ownership? Answer: The CRA Board will be willing to entertain alternative affordable housing options. Please refer to section 1 of the ITN. Proposers are invited to propose creative solutions as part of their proposal. 898 ADDENDUM NO. 3 TO BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY INVITATION TO NEGOTIATE (ITN) FOR THE DEVELOPMENT OF AFFORDABLE/WORKFORCE INFILL HOUSING February 9, 2026 TO ALL PROPOSERS AND OTHERS CONCERNED The Boynton Beach Community Redevelopment Agency (BBCRA) issued an INVITATION TO NEGOTIATE (ITN) seeking Proposals to provide affordable and workforce housing within the BBCRA Area through the acquisition and redevelopment of BBCRA-owned properties in Boynton Beach, Florida. The intent of this ITN Addendum is to provide supplemental information or provide clarification when requested. Proposers submitting responses for the above-referenced project shall take note of the following changes, additions, deletions clarifications, etc., to the ITN which shall become a part of and have precedence over anything shown or described otherwise. •Attachment No. 1 – Proposer Registration 899 NAME COMPANY NAME ADDRESS PHONE EMAIL Sam Goldberg Lenar Palm Atlantic Division, 3931 RCA Blvd, Suite 3105, Palm Beach Gardens, FL 33410 954-699-3968 Sam.Goldberg@Lennar.com Cory Pack N/A N/A coreypack@yahoo.com Daniel A. Rosemond East to West Development Corporation 700 U.S. Highway One; Ste C; N. Palm Beach 33408 (305) 588-2638 daniel@etwdc.org Chuck Halberg Stuart & Shelby 1116 SW 10th Avenue, Suite C, Delray Beach, FL 33444 561-637-7902 chuckh@stuartandshelby.com James Prophete Weshop Enterprises, LLC 4235 North University Dr, #202 954-249-7512 jpinvestorsolutions@gmail.com Dr. Shantell Haynes-Cruz Leon Haynes Harbour Group, Inc.3585 NE 207 Street C9 #741, Aventura, Fl 33180 786-529-4849 haynesharbourinc@gmail.com ; drhaynes@haynesharbour.com Roderick Spencer RJ Spencer Construction Inc 20535 NW 2nd Avenue #205, Miami Gardens, FL 33169 786-443-5346 roderick@rjsconstructs.com Christopher Plummer Boynton Beach Faith Based CDC 1600 N Federal Highway, Suite 12 561.752.0303 cplummer@boyntonbeachcdc.org Frances Llop-Noy Mass Construction 2201 Tequesta Way Miami, FL 33133 305-849-1216 frances@mass-cm.com INVITATION TO NEGOTIATE INFILL HOUSING REGISTRATION ATTACHMENT No. 1 900 NAME COMPANY NAME ADDRESS PHONE EMAIL Sam Goldberg Lenar Palm Atlantic Division, 3931 RCA Blvd, Suite 3105, Palm Beach Gardens, FL 33410 954-699-3968 Sam.Goldberg@Lennar.com Cory Pack N/A N/A coreypack@yahoo.com Daniel A. Rosemond East to West Development Corporation 700 U.S. Highway One; Ste C; N. Palm Beach 33408 (305) 588-2638 daniel@etwdc.org Chuck Halberg Stuart & Shelby 1116 SW 10th Avenue, Suite C, Delray Beach, FL 33444 561-637-7902 chuckh@stuartandshelby.com James Prophete Weshop Enterprises, LLC 4235 North University Dr, #202 954-249-7512 jpinvestorsolutions@gmail.com Dr. Shantell Haynes-Cruz Leon Haynes Harbour Group, Inc.3585 NE 207 Street C9 #741, Aventura, Fl 33180 786-529-4849 haynesharbourinc@gmail.com ; drhaynes@haynesharbour.com Roderick Spencer RJ Spencer Construction Inc 20535 NW 2nd Avenue #205, Miami Gardens, FL 33169 786-443-5346 roderick@rjsconstructs.com Christopher Plummer Boynton Beach Faith Based CDC 1600 N Federal Highway, Suite 12 561.752.0303 cplummer@boyntonbeachcdc.org Frances Llop-Noy Mass Construction 2201 Tequesta Way Miami, FL 33133 305-849-1216 frances@mass-cm.com INVITATION TO NEGOTIATE INFILL HOUSING REGISTRATION 901 902 2 Table of Contents: 1. Qualifications & Background Page 3 2. Proposed Use of the Site Page 5 3. Lennar Palm Atlantic Projects Page 7 4. Key Personnel & Trade Partners Page 9 5. Certificate of Good Standing Page 12 6. Project Pro Forma Page 13 7. Letter of Intent Page 14 8. Financial Capability Page 17 9. Legal Standing Page 18 10. Exhibits Page 19 11. Required Forms Page 33 903 3 Qualifications & Background Who We Are Founded in 1954 in the State of Florida, Lennar is one of the nation’s largest and most experienced builders of quality homes, serving a broad range of generations and demographics through the development of affordable, move-up, and active adult communities. Lennar has been in continuous operation for over 70 years and has been publicly traded on the New York Stock Exchange since 1972. Lennar’s success is rooted in its core principles of quality, value, and integrity, which guide its approach to community development, corporate governance, and customer satisfaction. A key strength of the company is the stability and depth of its leadership team, with an average senior leadership tenure exceeding 30 years, providing disciplined execution through multiple real estate cycles. Commitment to Community Lennar is deeply committed to giving back to the communities in which it builds. Established in 1989, the Lennar Foundation supports initiatives focused on at-risk children, medical research, education, and community development. Lennar allocates $1,000 per home delivered to the Foundation to support its Focused Acts of Caring and grant programs. In 2025, Lennar delivered 82,583 homes nationwide and contributed approximately $80 million to the Lennar Foundation. In 2026, Lennar again anticipates Foundation contributions to exceed $80 million, underscoring Lennar’s long-term commitment to meaningful community investment. Why We Are Right For This Project Lennar has the experience and capability to plan and execute an exceptional community in this location. A partnership with Lennar will not only accomplish the City’s goal of providing workforce housing but will provide much-needed housing options that will aid in the revitalization of the Boynton Beach area. Each home has been carefully engineered to allow it to be built as efficiently as possible without sacrificing quality. This, in conjunction with Lennar’s national buying power, would allow Lennar to build these homes at a cost point that supports long-term cost efficiency and overall value for future homeowners. As a volume production builder, Lennar’s focus is to construct and bring homes to market as soon as possible. At the end of Lennar’s fiscal year ending in Nov 2025, Lennar had $3.4 Billion of cash on hand and no outstanding balance on its credit facility of $3.1 Billion. Our stable capital position allows us financial flexibility to build without the need for 3rd party financing. Lennar intends to self-finance the construction of all homes in this community. 904 4 Palm Atlantic also has extensive experience building residential communities in the Palm Beach County area, with multiple active communities in the Delray area. The Palm Atlantic Division is on pace to hundreds of new homes in Palm Beach County this year alone. As such we have a trade base already in place that is ready, willing, and able to begin work on this community. If selected as the developer for this ITN, Lennar is committed to obtaining all permits and, upon the receipt of permits, beginning construction immediately. 905 5 Proposed Use of the Site Proposed Community Lennar proposes subdividing 2 of the 5 parcels that make up the Subject Property into 7 homesites. Each of these homesites could accommodate a 30’ wide home, to allow for a consistent sales process the same home would be built on each of the 7 homesites. This home provides a spacious floor plan, and multiple elevations would be constructed to allow for diversity among nearby homesites. The relevant specifications for each home are summarized below: • Proposed Plan o 1,504 square feet o 3 Bedroom, 2 Bath o 2 car garage Floorplans for the homes are attached Exhibit A and elevations for each home are attached Exhibit B. As discussed above, Lennar’s planned homes have been carefully engineered to allow construction to be as efficient as possible from a cost perspective, without sacrificing quality. Each home would include energy efficient appliances, including Refrigerator, Washer and Dryer, impact windows, and a paver driveway. Proposed Completion Time Please note that Lennar will require that the Project Agreement allow for a reasonable due diligence period (60-90 days). The Project Agreement would also need to be subject to approval of the project by Lennar’s Corporate Investment Committee (“CIC Appro val”). This review will take place prior to the expiration of the due diligence period. Following due diligence, Lenner would pursue a lot split on the two oversized homesites. Lennar anticipates this process may take 4 months. After the approval of the split, Lennar would be solely responsible for obtaining building permits for all homes. If acceptable to the City, Lennar is willing to submit building permit application to the City’s Building Department for review while working to obtain lot split approval. This will allow construction to begin shortly after all Approvals are obtained. Please note that Lennar is not seeking relief from any permit or impact fees. Once Lennar has building permits in hand, it will start construction on at least 4 homes a month. If Lennar will have Building Permits within 30 days after all Approvals are granted, then construction on all homes will have started by the 3rd month after all Approvals are granted. These homes generally take about four (4) months to build from the start of construction to receipt of a Certificate of Occupancy. Accordingly, all 7 homes would have a Certificate of Occupancy within 7 months after all Approvals are granted. 906 6 A construction schedule reflecting the timeline proposed above is attached as Exhibit C. Acquisition Terms: Lennar proposes acquiring the Subject Property for a total purchase price of $350,000. Closing shall occur following the City’s approval of the proposed homesite split on the two parcels to be subdivided. All deposit requirements, due diligence periods, and additional transactional terms are further detailed in the Letter of Interest, which is included as part of this submission. Please note that Lennar is flexible on the closing timing of this acquisition given size of the total development and that select parcels are ready to build. Deed Restriction: All homes will remain affordable for a period of no less than 15 years with a deed restriction commencing from the date of closing transferring ownership from Lennar to the first purchaser of the developed homesite. Sales: The proposed sales process will mirror the established and successful procedures utilized within the Palm Beach County Workforce Housing Program (WHP). Due to the anticipated demand for workforce housing units, a lottery-based selection process will be implemented to ensure fairness, transparency, and compliance with WHP requirements. Interested purchasers will be required to obtain eligibility approval through the Palm Beach County WHP program and submit all required documentation prior to being entered into the lottery, including verification of income eligibility, proof of funds for required deposits, and completion of a formal lottery application. Applications will be accepted during a defined submission period, after which eligible applicants will be randomly selected. Selected buyers will be notified and provided with a limited timeframe to execute purchase agreements and submit deposits, with alternate applicants maintained in the event selected buyers do not proceed. To further support local workforce housing goals, the Division will coordinate with the Community Redevelopment Agency (CRA), Boynton Beach SHIP, and City staff to prioritize outreach and marketing efforts toward Boynton Beach residents prior to expanding marketing to the broader countywide applicant pool. Public outreach may include informational sessions, digital and print marketing, and coordination with local employers and community organizations. This targeted approach ensures local residents are provided with early access to homeownership opportunities while maintaining compliance with County WHP program requirements and promoting equitable access to available units. 907 7 Lennar Palm Atlantic Projects: Lennar’s Palm Atlantic Division serves as the lead developer for the majority of its new communities. Recently, Lennar has entitled and developed the following communities: • Delray Trails is a 55+ active adult, resort-style master planned community developed exclusively by Lennar in Delray Beach, Florida. The community features 415 brand- new single family and duplex villa homes (site plan illustrated on Exhibit D) and offers extensive amenities including clubhouse, pool, tennis courts, fitness center, and walking trails further described in Exhibit E. Construction of homes began in April of 2023. To date, 366 homes have been sold in this community. Address: 5832 Shining Sea Ct, Delray Beach, FL 33484 • Lakeshore at the Fountains is a 192-home community located in Lake Worth. Lennar completed all of the entitlements and is the only developer. Construction of homes began in March of 2023. To date, all 192 homes have been sold. These townhomes feature at least 3 bedrooms each with a minimum of one car garages, as depicted on Exhibit F. Address: 6875 Grand Marsh Ct, Lake Worth Beach, FL 33467 • Whitmore Estates is a 166-home, a master planned community located in Lake Worth. The property was fully entitled and developed by Lennar. This community features large estate homes in Western Palm Beach County with homesites up to 3 acres, site plan shown on Exhibit G. Construction of homes started in May 2025. To date, 24 homes have been sold. This community includes homes ranging from 2,974 square feet to 6,698 square feet, examples represented in Exhibit H. Address: 10110 Ruidoso Road, Lake Worth Beach, FL 33449 City of Cocoa Workforce Housing Project Lennar is currently engaged in a comprehensive public–private partnership with the City of Cocoa to deliver a 32-unit affordable and workforce housing development on City-owned infill parcels located east of I-95 and south of SR-520. This initiative was awarded through a competitive RFP process in 2024 and is governed by a fully executed Development Agreement, which mandates that all homes be sold to purchasers earning no more than 120% of the Area Median Income, with final pricing remaining within the HUD HOME program’s affordability thresholds. The project consists of 30 16-foot wide single-family homes (detailed on Exhibit I) constructed on split homesites and two 30’ homes on 50-foot homesites, reflecting a targeted land-use strategy designed to expand attainable homeownership opportunities within the City. The conceptual site plan for this site is illustrated in Exhibit J. 908 8 On January 16, 2026, the City of Cocoa formally commenced construction activities for the development, emphasizing the project’s role in strengthening the local workforce housing supply for essential community personnel, including educators, public safety officers, nurses, and other moderate-income professionals. Municipal leadership noted that the initiative reinforces the City’s broader housing strategy by facilitating access to stable, owner-occupied homes in proximity to major employment centers. This groundbreaking event further demonstrated the effectiveness of the collaborative framework between Lennar and the City, highlighting the alignment of public policy goals with private-sector execution capacity in delivering sustainable, equity-focused residential communities. The news article for this event is included in Exhibit K. Address: 370 Mango Ave, Cocoa, FL 32922 909 9 Key Personnel: The Key Personnel proposed for this project represents a highly experienced, integrated team that has successfully worked together on a number of significant residential developments throughout Florida, including Whitmore Estates, Delray Trails, Cocoa Small Homes, Arden, Lakeshore at The Fountains and numerous other large-scale communities and workforce housing communities. This shared project history has fostered strong collaboration across all phases of development, including entitlements, land development, infrastructure delivery, municipal coordination, and vertical execution. The continuity and depth of experience among this team enable Lennar to apply proven processes, disciplined decision-making, and consistent standards, positioning the project for efficient delivery and long-term success in alignment with the City of Boynton Beach CRA’s workforce housing objectives. Key Personnel Titles and Service at Lennar: Mike Meyers: - Division President of Palm Atlantic – 6 Years 7 Months at Lennar Brad Miller: - Division Manager – 12 Years 8 Months at Lennar Scott Harala: - VP of Operations – 10 Years 2 Months at Lennar Mark Welcon: - VP of Purchasing – 7 Year 9 Months at Lennar Brad Kodanaz: - Director of Construction – 11 Years 7 Months at Lennar Anna Meyers: - Director of Land Acquisition – 5 Years 6 Months at Lennar Rafael Nelson: - Land Acquisition Manager – 2 Years at Lennar Sam Goldberg: - Land Acquisition Manager – 2 Years 3 Months at Lennar 910 10 Development Trade Partners: Team Qualifications: Contractor: Lennar intends to self-perform all general contractor functions for this project. All work will be performed under the following license number: CGC1526578. Environmental, Ecological and Geotechnical Analysis: ECS Florida ECS Limited, founded in 1988, is a nationally recognized, employee-owned engineering consulting firm providing geotechnical, construction materials, environmental, and facilities consulting services through more than 100 offices nationwide and a staff of over 3,000 professionals. ECS is consistently ranked among the nation’s top consulting firms, including #66 on Engineering News-Record’s 2025 Top 500 Design Firms, #148 on ENR’s 2025 Top 200 Environmental Firms, and #50 on Zweig Group’s 2025 Hot Firm List. For this project, ECS will provide geotechnical services, ecological services, and environmental analysis. These services will be led by Alex Chatham, Florida Environmental Branch Manager and Environmental Manager at ECS, who has over 25 years of experience in environmental management and project leadership. Mr. Chatham has held senior leadership roles with multiple nationally recognized environmental consulting firms and has a Bachelor of Science in Civil Engineering from the University of Florida, providing extensive technical expertise and regulatory knowledge relevant to complex development projects. Surveying & Platting: Caulfield & Wheeler, Inc. Caulfield & Wheeler, Inc., founded in 1982, is a full-service civil engineering, planning, land surveying, and landscape architecture firm serving Southeast Florida with more than 80 years of combined principal experience. The firm has supported major private and public sector projects across Broward, Miami-Dade, Palm Beach, Martin, and St. Lucie Counties, including DRIs, municipal facilities, mixed-use developments, and residential communities. For this project, Caulfield & Wheeler, Inc. will provide civil engineering, land surveying, and landscape architecture services, including infrastructure design, permitting, stormwater management, roadway and utility design, and site planning. These services will be led by David P. Lindley, Senior Vice President and Director of Surveying, who brings nearly 40 years of experience in surveying, project management, and technical oversight, supporting large-scale infrastructure and land development projects throughout Southeast Florida. 911 11 Potential Trade Partners: This list identifies trade partners with whom Lennar has previously performed work in Palm Beach County, including the City of Boynton Beach. These firms have experience working within the local regulatory environment and in coordination with municipal agencies. Subject to final scope, availability, and procurement requirements, Lennar would consider utilizing these qualified trade partners for the proposed Boynton Beach Community Redevelopment Agency Workforce Housing Program community. - ABC Drywall - Action Roofing Services LLC - Alpha Door & Hardware Inc. - Builders Specialty Contractors - Cast-Crete USA Inc - Caulfield & Wheeler Inc - Cemex Construction Materials - Classic Cultured Marble Inc - Costain Cable Construction Inc - CSCI LLC - Distinctive Kitchens & Baths - Dixie Landscape LLC - Eagle Lighting Distributors - Ecosmart Cleaning - Excel Equipment 1 LLC - Florida Windows & Doors Inc - Four Seasons Landscape Nursery - Gale Insulation Inc - General Stair Corporation - GMS Strategic Solutions Inc - Heritage Carpet and Tile LLC - Home Team Pest Defense Inc. - Jones Lumber - Lindstrom Air Conditioning Inc - NCT Painting Services Inc. - Nutting Engineers of Florida - Path Light Pro - Red Line Electrical Services - Ridgeway Plumbing Inc - Signature design Paving Corp - Southern Truss Companies Inc - Vortex Construction Group LLC 912 12 Certificate of Good Standing: 913 13 Project Proforma Low (60-80% MFI) Moderate 1 (80-100% MFI)Project Potential Sales Price*234,780$ 301,860$ Homes 1 6 7 Pre Development 6,429$ 6,429$ 45,000$ Land 50,000$ 50,000$ 350,000$ Construction Costs 124,547$ 126,071$ 880,976$ Permit and Impact Fees 27,651$ 27,651$ 193,557$ Soft Costs 2,759$ 3,149$ 21,652$ Carrying/Financing Costs 5,483$ 7,050$ 47,782$ Marketing and Sales Costs 32,249$ 41,463$ 281,028$ Developer Overhead and Profit (14,338)$ 40,047$ 225,945$ *Based on July 2025 PBC WHP Sales Price Limit to be Updated July 2026 914 14 February 10, 2026 Attn: Timonthy Tack Assistant Director Boynton Beach Community Redevelopment Agency 100 East Ocean Avenue 4th floor Boynton Beach, FL 33435 This letter constitutes a non-binding letter of intent (“LOI”) between Lennar Homes and/or its affiliated entities (“Buyer”) and Boynton Beach Community Redevelopment Agency (“Seller”), which outlines the general terms and conditions for the purchase and sale of the Property. 1. Purchase Price: The Purchase Price shall be Three Hundred Fifty Thousand Dollars ($350,000) cash paid at Closing, less any cash Deposits. 2. Agreement for Purchase and Sale: The parties agree that they will each work in good faith to reach a final, negotiated and executed purchase and sale agreement (“Agreement”). The Agreement will be drafted by Buyer’s counsel and submitted to Seller within fourteen (14) days after Buyer’s receipt of an executed copy of this LOI. Thereafter, Buyer and Seller will negotiate in good faith to finalize and execute the Agreement within sixty (60) days after Buyer’s initial submittal of the Agreement to Seller. 3. Investigation Period: For sixty (60) days from the effective date of the Agreement (“Investigation Period” or “IP”), Buyer shall have the absolute and unqualified right to conduct all testing and due diligence studies Buyer deems appropriate in its sole discretion. At any time prior to 11:59 p.m. on the last day of the Investigation Period, Buyer shall have the right to terminate the Agreement and receive back the Initial Deposit. Seller shall furnish Buyer with copies or originals of all existing reports and other documents relating to the Property in Seller’s possession or control. 4. Deposit: Buyer shall deposit $10,000 (“Initial Deposit”) with CalAtlantic Title Solutions, LLC (the “Escrow Agent”) within eight (8) business days after the effective date of the Agreement. In the event the Agreement has not been terminated, Buyer shall deposit with Escrow Agent an additional sum of $25,000 (“Additional Deposit,” and together with the Initial Deposit, the “Deposit”) within eight (8) business days after the expiration of the Investigation Period. The Buyer may elect to deliver to the Escrow Agent a letter of credit in lieu of a cash payment for any part of the Deposit. 5. Closing: Closing shall occur fifteen (15) business days after Buyer’s receipt of the lot split, but no later than six (6) months after expiration of the Investigation Period. Re: Invitation to Negotiate – Purchase of approximately 1.11 +/- acres located in Boynton Beach, FL Parcel Control #: 08-43-45-21-30-002-0210, 08-43-45-21-30- 002-0231, 08-43-45-21-16-000-0150, 08-43-45-21-14-000-4360, and 08-43-45-21-14- 000-3480 (the “Property”) 915 15 6. Title: Escrow Agent shall act as title and closing agent in the transaction. Seller shall convey title to the Homesites by special warranty deed, free and clear of all encumbrances other than taxes for the year of Closing, applicable municipal ordinances and other governmental regulations and any and all easements and restrictions of record expressly approved by Buyer in writing or pursuant to the terms and provisions of the Agreement. 7. Prorations & Closing Costs: Taxes, general and special, are to be prorated as of the date of the Closing. Seller shall pay for state documentary stamps and surtaxes, if any, to be attached to the deed, and any recording fees associated with the release of any monetary encumbrances and/or corrective title instruments. Buyer will pay for the cost of recording the deed. Seller shall be specifically responsible for payment of any rollback or deferred taxes at Closing. Buyer shall pay for the cost of the title commitment, and the title policy. Seller shall pay for the searches required by the title insurance underwriter to delete the standard exceptions from the title policy, and any costs required to cure all title defects to be cured. 8. Real Estate Broker/Realtor: The Buyer and Seller acknowledge that there are no real estate brokers involved in this transaction. 9. Corporate Investment Committee of Lennar Corporation Approval Required: The Agreement must be approved in writing by the Corporate Investment Committee of Lennar Corporation prior to the expiration of the Investigation Period. In the event Buyer fails to deliver to Seller written notice of such approval on or before the end of the Investigation Period, the Agreement shall automatically terminate, and the Escrow Agent shall immediately refund the Deposit to the Buyer. 10. Non-Binding: The parties acknowledge and agree that this LOI is not intended to be and should not be construed as an agreement for sale and purchase of the Homesites. The parties agree that except for Section 10 herein, nothing contained in this LOI shall be binding on either party. Rather, this LOI is intended only to set forth an outline of the general terms from which the parties intend to use good faith efforts to negotiate the Agreement. 916 917 17 Financial Capability Lennar intends to self-finance all costs associated with the development of this project, including, but not limited to, all construction costs, all permit fees, and all processing fees. Financing will be available as necessary to immediately pay all costs throughout the development process. As a publicly traded company, Lennar’s financial information, including relevant filing with the SEC, are publicly available. Lennar’s Form 10-K for fiscal year 2025 and 2024 Annual Report can be accessed at the links below: As a publicly traded company, Lennar is subject to SEC disclosure rules, Regulation FD, and internal disclosure controls that limit our ability to publish forward-looking, project-specific 2026 pro forma information outside of our normal reporting cadence. Notwithstanding these limitations, Lennar’s financing capability and overall credit strength are well documented through our publicly available financial statements and disclosures. Upon request, we can provide references to our most recent Form 10-K/10-Q filings, audited financials, investor materials, and other customary evidence of capacity, and we will work collaboratively with the CRA to supply any additional information permitted within our public-company disclosure framework. Lennar Corporation, related entities or parent entities have not filed for bankruptcy in the past 10 years. 2025 Fiscal Year Highlights: - Total Revenues of $34.2 billion - Net Earnings of $2.1 billion - Net orders increased 95 year over year to 83,978 homes - Deliveries increase 3% year over year to 82,583 homes 2024 Annual Report Link: Annual Report 2024 2025 10-K Link: 0001628280-26-003870 918 18 Legal Disclaimer: Lennar Homes, LLC is a subsidiary within the Lennar family of companies (collectively, the “Company”), which includes, among other businesses, one of the largest homebuilders in the United States. As is typical for companies of its size and industry, the Company is periodically involved in claims, legal proceedings, and regulatory matters arising in the ordinary course of business, including routine litigation incidental to its operations. The Company evaluates these matters in accordance with applicable accounting and risk-management standards and records accruals when appropriate. Relevant accruals and disclosures are reflected in the Company’s publicly available financial statements and SEC filings. Based on management’s assessment and the information currently available, none of the Company’s known matters or probable loss contingencies are expected to have a material adverse effect on the financial condition, solvency, or ongoing business operations of the Company or its subsidiaries. 919 19 Exhibit A 920 20 Exhibit B 921 21 Exhibit C Feb-26 Mar-26 Apr-26 May-26 Jun-26 Jul-26 Aug-26 Sep-26 Oct-26 Nov-26 Dec-26 Jan-27 Feb-27 Mar-27 Apr-27 May-27 Notes Submittal Deadline Deadline: February 10, 2026 Presentation to BBCRA Board Est. March 9, 2026 Draft Purchase and Development Agreement Est. May 12, 2026 BBCRA Board Approval P&D Agreement Est. June 9, 2026 Due Diligence 60 Days Following Execution of P&D Agreement Homesite Split Approval Est. 3 - 4 Months per BB Planning Dept Homesite Closing Est. Closing 15 Business Days following split Construction of All Homesites Est. 4 Months Construction, Dec & Jan Starts Final Home Closing Final Closing: Est. May 2027 (<12 Months after P&D Agreement execution) 922 22 Exhibit D 923 23 Exhibit E (1 of 2) 924 24 Exhibit E (2 of 2) 925 25 Exhibit F 926 26 Exhibit G 927 27 Exhibit H 928 28 Exhibit I 929 29 Exhibit J 930 30 Exhibit K City of Cocoa Breaks Ground on Workforce Housing Development in Michael C. Blake Subdivision By Space Coast Daily // January 28, 2026 New subdivision provides affordable housing for Cocoa’s essential workers, including first responders, nurses and teachers The City of Cocoa, in partnership with Lennar Homes, officially broke ground on January 16, on a new workforce housing development in the Michael C. Blake Subdivision. The project follows the approval of a development agreement with Lennar Homes to construct 32 workforce housing units, expanding access to affordable homeownership opportunities for very low, low, and moderate-income professionals. BREVARD COUNTY • COCOA, FLORIDA – The City of Cocoa, in partnership with Lennar Homes, officially broke ground on January 16, on a new workforce housing development in the Michael C. Blake Subdivision. The project follows the approval of a development agreement with Lennar Homes to construct 32 workforce housing units, expanding access to affordable homeownership opportunities for very low, low, and moderate-income professionals. The development is designed to serve essential members of the community, including local firefighters, police officers, nurses, and teachers, helping ensure that those who serve Cocoa every day can live close to where they work. 931 31 City leaders, Council, representatives from Lennar Homes, and members of the community gathered to celebrate the milestone and recognize the collaborative effort behind the project. “Homeownership is the foundation of the American Dream, and Lennar is committed to building attainable homes for more families through innovative collaborations like this,” said Brad Miller, Division Manager for Lennar. “Together with the City of Cocoa, we are honored to invest in the future by helping people build generational wealth and strengthen their communities.” “Workforce housing plays a crucial role in supporting economic development by ensuring our essential workers can live close to where they work,” said Mayor Michael C. Blake. “This project reflects our commitment to putting people first and investing in the future of our city.” The City of Cocoa, in partnership with Lennar Homes, officially broke ground on January 16, on a new workforce housing development in the Michael C. Blake Subdivision. The project follows the approval of a development agreement with Lennar Homes to construct 32 workforce housing units, expanding access to affordable homeownership opportunities for very low, low, and moderate-income professionals. Deputy Mayor Alex Goins echoed that sentiment, emphasizing the importance of proactive leadership. “Having forward-thinking city staff and a committed City Council makes projects like this possible,” Goins said. Both Mayor Blake and Deputy Mayor Goins represent District 1, which includes the Michael C. Blake Subdivision, underscoring their shared dedication to the community they serve. 932 32 The City of Cocoa, along with the Diamond Square Community Redevelopment Agency, remains committed to prioritizing citizens, expanding housing opportunities, and continuing to build a sustainable, thriving community for all. The City of Cocoa, in partnership with Lennar Homes, officially broke ground on January 16, on a new workforce housing development in the Michael C. Blake Subdivision. The project follows the approval of a development agreement with Lennar Homes to construct 32 workforce housing units, expanding access to affordable homeownership opportunities for very low, low, and moderate-income professionals. The City of Cocoa is a community of 19,041 located in the heart of Brevard County along the Space Coast of Florida. Incorporated in 1895, Cocoa is one of Brevard County’s original communities. The City of Cocoa has a Council/Manager form of government where the Council, made up of elected officials, makes policy decisions, and the staff, led by the City Manager, implements them. Cocoa is also a Regional Water Utility System that serves a majority of the residents in Central and North Brevard County. The mission of Cocoa’s government is “To enrich the quality of life for our unique and diverse community by delivering Professional, Responsive, Innovative, Dedicated and Exceptional public services!” Serving our community with P.R.I.D.E. Visit our website at www.CocoaFL.gov. 933 934 935 936 937 938 939 940 941 942 943 944 Boynton Beach CRA ITN for the Development of Workforce Infill Housing Boynton Beach, FL 2/10/2026 945 LENNAR OVERVIEW Experience & Leadership •One of the nation’s leading homebuilders with 70-year track record of delivering high quality homes •Public ally traded company listed on NYSE for 50+ years •United and experienced management team with an average tenure of 30+ years In the Community •Each homebuilding division supports local communities with various “Focused Acts of Caring” throughout the year •Builds mortgage-free homes nationwide for wounded veterans •Committed to delivering affordable, attainable homes Diversified Services •Industry leading homebuilder, land developer, mortgage originator (residential and commercial), title insurer, technology investor and partner Financial Strength & Stability Balance Sheet (As of 11/30/25) •Total Revenues: $34.2B •Net Earnings: $2.1B •$3.8B of cash and cash equivalents 946 PALM ATLANTIC OVERVIEW •The City is located within Lennar’s Palm Atlantic Division, spanning from Palm Beach to Brevard County. •Division is experienced in acquisitions, entitlement, and development of master-planned, mixed-product communities such Whitmore Estates, Delray Trails, and Arden. •Workforce Housing Community under construction in Cocoa, FL. 947 COCOA, FL HIGHLIGHT •32 Homes Under Constructions (Previously 17 Parcels) •Lennar is the sole builder in the community, responsible for securing all entitlements and completing the site development. •Homes in the Michael C. Blake Subdivision are currently under construction, and as part of Lennar’s ongoing relationship with the City of Cocoa, the company is contributing funds to improve the neighborhood park. 948 Our Proposal 949 Parcel Maps 950 PROPOSED DEVELOPMENT •Purchase Price: $350 ,000 •Lennar proposes subdividing 2 of the 5 parcels that make up the Subject Property for a total of 7 homesites. •Closing to occur upon homesite split but no later than 6 months after the expiration of Investigation Period (60 - 90 days). •Lennar will self-finance all costs associated with the development including closing, construction costs and permit fees •Each of these homesites will accommodate a 30’ wide home at 1,504 square feet (A/C). •Proposed Floorplan •1,504 SF · 3 Bedrooms · 2 Bathrooms · 2 Car Garage •Multiple exterior elevations •Homes will include energy efficient appliances including Refrigerator, Washer and Dryer, Impact Windows, and Paver Driveways •All homes expected to have Certificate of Occupancy within 12 months following Purchase and Development Agreement Execution. 951 HOME ELEVATIONS 952 FLOOR PLAN 953 HOME INTERIORS 954 HOME INTERIORS 955 SALES PRICING •1 Home – Low WHP Income Category – 60 – 80% •6 Homes – Moderate 1 WHP Income Category - >80 – 100% •Sales Limits to be updated in July 2026 956 SALES LOTTERY •The Palm Beach County Workforce Housing Program (WHP) Homebuyer Processing Procedure will be our guide to ensuring an efficient and fair sales process. •Work with BB CRA and SHIP to prioritize outreach to existing Boynton Beach residents. •All homes will remain affordable for a period of no less than 15 years with a deed restriction commencing from date of closing. 957 Anticipated Schedule of Completion Feb-26 Mar-26 Apr-26 May-26 Jun-26 Jul-26 Aug-26 Sep-26 Oct-26 Nov-26 Dec-26 Jan-27 Feb-27 Mar-27 Apr-27 May-27 Notes Submittal Deadline Deadline: February 10, 2026 Presentation to BBCRA Board Est. March 9, 2026 Draft Purchase and Development Agreement Est. May 12, 2026 BBCRA Board Approval P&D Agreement Est. June 9, 2026 Due Diligence 60 Days Following Execution of P&D Agreement Homesite Split Approval Est. 3 - 4 Months per BB Planning Dept Homesite Closing Est. Closing 15 Business Days following split Construction of All Homesites Est. 4 Months Construction, Dec & Jan Starts Final Home Closing Final Closing: Est. May 2027 (<12 Months after P&D Agreement execution) 958 1.We have the financial strength to build without third party involvement 2.We execute & perform 3.We care about the community with our history of giving back Why Lennar 959 ITEM PARAGRAPH 10 Column1 10.a. Provide a detailed description of the proposed Project, with text, tabulations and graphics. This should include but it is not limited to conceptual elevations, as well as the information indicating compliance with the objectives and requirements of the Plan and the requirements specified in Paragraph 9, Project Description and Requirements Yes 10.b.Provide a general written statement describing the qualifications and background of the Proposer including any financial (including equity) partner. Yes 10.c.Provide a completed Attachment “D”, Proposer(s) Information Yes 10.d.Provide a certificate of good standing from the Secretary of State of Florida and the state in which the corporation is headquartered, if not Florida Yes 10.e. Provide a list of Proposer’s key personnel that will be directly involved in proposed Project’s development or management team, along with their professional qualifications, and if applicable a list of similar projects on which they have actively participated Yes 10.f. Provide a written list of ten single family home projects developed by the Proposer,that were completed within the last ten (10)years.The list may also include photographs, project addresses,client contact information,dates the projects were completed,and general project description. Only provided four "projects" but projects totaled just over 800 homes; Affordable Housing community in City of Cocoa currently under construction 10.g. Provide a proforma financial analysis/plan including a development budget with a detailed breakdown of all Project pre-development costs, other soft and financing costs, costs of property acquisition from the BBCRA, construction and other hard costs and any post-construction sales or other costs. A Proposer may submit the requested breakdown information under a format of their own choosing but must also complete the Proposed Project Funding Uses and Sources Information form provided as Attachment “E.” Yes 10.h. Provide proof of financial capability to complete the proposed Project and, if applicable, to secure any necessary financing. If the Proposer has a preferred lender, that should be indicated in the Proposal. Financial capability may be demonstrated by submitting a current (audited, if available) financial statement of the proposing entity, a letter of commitment from a bank or lending institution confirming financial capacity to secure the project, or similar documentation acceptable to the BBCRA clearly evidencing financial capability to complete the proposed Project Provided a written statement- not formal proof of financing however it is available upon request 10.i. Disclosure of any bankruptcies by any of the above or related entities during the past ten (10) years must be made with the ITN. Financial information should be submitted in a separate, sealed envelope or package and marked ‘confidential.’ Financial information will be accepted only from the Proposer as part of the submission packet and will not be accepted if it is submitted directly to the BBCRA by an outside entity or institution No bankruptcies 10.j. A signed written statement of intent to purchase the Project Site(s) indicating the proposed purchase price along with a statement of willingness to execute a Purchase and Development Agreement within ninety (90) days of selection if selected. Any Purchase and Development Agreement will contain performance-based criteria and milestone timelines for items such as, securing funding, any necessary site approvals, commencement of construction, limitations on transferability or assignability of the Agreement without prior approval from the BBCRA, termination provisions for failure to meet the criteria listed and other provisions to adequately define the rights, duties and obligations of the parties. The Purchase and Development Agreement may also contain a reverter clause Yes, LOI states purchase price of $350,000 for the five lots 10.k. Provide authorization to perform a credit check for each Proposer or business entity.The authorization form must be executed by the appropriate officer of Proposer entity (see Attachments “F” and “F.i.” Disclosure and Authorization to Perform Credit Check forms). No credit check authorization form for proposer but did provide one for the business credit check. 10.l. A list of all civil and criminal legal actions in which each Proposer entity (and its parent entity if it is a subsidiary) is currently a named party or was a named party in the past four (4) years, providing the case number, case description, the state of jurisdiction, and disposition (or status) of each case. Proposer(s) may include any additional relevant information. If there are no legal actions to disclose, provide a written statement attesting to this fact. Information regarding any legal or administrative actions, past or pending, that might impact the capacity of the Proposer (or its principals or affiliates) to complete the Project must be disclosed Provided a legal disclaimer. 10.m. Provide a PowerPoint presentation of the Proposal, consisting of no more than fifteen (15) slides with maximum of three (3) slides dedicated to Proposer’s past history and experience information. All remaining slides will focus on description of the development of the proposed Project (e.g. site, program, design, construction, development cost, schedule, financing, proposed acquisition terms, etc.). Yes 10.n.An acknowledgement letter attesting that the Proposer has read and understands all procedures and requirements of this ITN (see Attachment “H,” Acknowledgement Letter). Yes 10.o. Provide executed form verifying that the Proposer has met with City of Boynton Beach Planning and Development Department staff to review the Land Development Regulation requirements and development review processes applicable to the Project being proposed (see Attachment “G,”City of Boynton Beach Planning and Development Department Meeting Verification Form) Provided but not signed by City Staff SUFFICIENCY CHECKLIST DEVELOPMENT OF AFFORDABLE/WORKFORCE HOUSING INVITATION TO NEGOIATE FEBRUARY 10, 2026 960 ITEM PARAGRAPH 10 Column1 SUFFICIENCY CHECKLIST DEVELOPMENT OF AFFORDABLE/WORKFORCE HOUSING INVITATION TO NEGOIATE 10.o.Attachment I - Addenda Acknowledgement Yes 10.o.Attachment J - Public Entity Crimes Statement Yes 10.o.Attachment K - Certification of Drug Free Workplace Program Yes 10.o.Attachment L - Authorization for Release of Information Yes 10.o.Attachment M - Certification of Non-Scrutinized Company Yes 10.o.Attachment N - Anti-Human Trafficking Affidavit Yes Submission Date/Time Deadline 2/10/26 at 1:25 PM Sealed Box/Envelope Yes Clearly marked on Sealed Box/Envelope Yes One Bound Original w/ Title Page listing name of RFP/RFQ and Proposer's name Yes One Unbound Clipped Copy Yes One Digital Copy on Thumb Drive Yes Reviewer Names: Chris Brown; CRA Executive Director Tim Tack; CRA Assistant Director Theresa Utterback; CRA Development Services Manager Bonnie Nicklien; CRA Grants & Project Manager Anthony Ruggiero; City Project Manager Michael Baluyot; City Deputy Director, Building Date:2/20/2026 961 Invitation to Negotiate for the Development of Affordable/Workforce Infill Housing March 25, 2026 Kick-Off Meeting 10 AM Conference RM 440 Lennar Homes LLC/BBCRA Meeting Attendees: • Chris Brown • Tim Tack • Bonnie Nicklien • Theresa Utterback • Sam Goldberg • Rafael Nelson • Anna Meyers • Nicholas Pagano Discussion Items: 1. Does Lennar offer different models and within those models different styles? a. Lennar will speak with their architectural team regarding any architectural styles that could be provided as options. Ideally, CRA would like to provide 3 styles to the Board 2. Would Lennar consider covered lanais and/or front porches? a. Lennar will look at this request internally and circle back with us 3. Recommend swapping paver driveways with concrete driveways – use any cost savings on other façade elements of the home. a. Lennar can accommodate the request for concrete driveways vs pavers 4. Would Lennar consider 4 bed/3 bath on Lot 3 if Mod 2 income range to take advantage of oversize lot. a. Lennar will look at this request internally and circle back with us 5. What is the landscaping plan? Will they add trees and/or other native drought resistant plants? a. Lennar will provide this detail 6. What exterior lighting is included? a. Garage sconces are the exterior lights 7. Does Lennar have interest in 419 N. Seacrest? Would Lennar consider two larger homes and/or a unit with an ADU? 962 a. Lennar will look at this internally and circle back to us. CRA will provide the LOI Policy. Any submission would be due within 30 days of March 13th. Any LOIs received will be placed on the May 13th agenda 8. Does Lennar have any similar models currently under construction nearby that we can tour – closer than Cocoa? a. Yes, in P ort St. Lucie. CRA will provide availability for a site visit 9. Post construction guarantees - What is the warranty for the homes? a. Lennar will provide their standard language Other items: 1. Lennar to provide an intro to their team for land acquisition, development, marketing and sales 2. CRA to provide the Pulte Purchase and Development Agreement 3. Next Steps for the Infill Lots: a. Lennar to provide responses to items discussed in the meeting on 3/25 b. The negotiated items will be consolidated into a term sheet c. If the May 12th CRA Board meeting is the goal, terms would need to be finalized by April 28th . d. Once the CRA Board agreed to the final terms, the terms would be incorporated into a Purchase and Development Agreement for their final approval e. Please note – prior to disposition of the lots, the CRA will need the City’s approval for the lots being sold for less than fair market value 963 April 23rd, 2026 Attn: Timonthy Tack Assistant Director Boynton Beach Community Redevelopment Agency 100 East Ocean Avenue 4th floor Boynton Beach, FL 33435 This letter constitutes a non-binding letter of intent (“LOI”) between Lennar Homes and/or its affiliated entities (“Buyer”) and Boynton Beach Community Redevelopment Agency (“Seller”), which outlines the general terms and conditions for the purchase and sale of the Property. 1. Purchase Price: The Purchase Price shall be Three Hundred Fifty Thousand Dollars ($350,000) cash paid at Closing, less any cash Deposits. 2. Agreement for Purchase and Sale: The parties agree that they will each work in good faith to reach a final, negotiated and executed purchase and sale agreement (“Agreement”). The Agreement will be drafted by Buyer’s counsel and submitted to Seller within fourteen (14) days after Buyer’s receipt of an executed copy of this LOI. Thereafter, Buyer and Seller will negotiate in good faith to finalize and execute the Agreement within sixty (60) days after Buyer’s initial submittal of the Agreement to Seller. 3. Investigation Period: For sixty (60) days from the effective date of the Agreement (“Investigation Period” or “IP”), Buyer shall have the absolute and unqualified right to conduct all testing and due diligence studies Buyer deems appropriate in its sole discretion. At any time prior to 11:59 p.m. on the last day of the Investigation Period, Buyer shall have the right to terminate the Agreement and receive back the Initial Deposit. Seller shall furnish Buyer with copies or originals of all existing reports and other documents relating to the Property in Seller’s possession or control. 4. Deposit: Buyer shall deposit $10,000 (“Initial Deposit”) with CalAtlantic Title Solutions, LLC (the “Escrow Agent”) within eight (8) business days after the effective date of the Agreement. In the event the Agreement has not been terminated, Buyer shall deposit with Escrow Agent an additional sum of $25,000 (“Additional Deposit,” and together with the Initial Deposit, the “Deposit”) within eight (8) business days after the expiration of the Investigation Period. The Buyer may elect to deliver to the Escrow Agent a letter of credit in lieu of a cash payment for any part of the Deposit. 5. Closing: Closing shall occur fifteen (15) business days after Buyer’s receipt of the Approvals, but no later than six (6) months after expiration of the Investigation Period. 6. Title: Escrow Agent shall act as title and closing agent in the transaction. Seller shall convey title to the Homesites by special warranty deed, free and clear of all encumbrances other than taxes for the year of Closing, applicable municipal ordinances and other governmental regulations and any and all easements and restrictions of record expressly approved by Buyer in writing or pursuant to the terms and provisions of the Agreement. Re: Invitation to Negotiate – Purchase of approximately 1.11 +/- acres located in Boynton Beach, FL Parcel Control #: 08-43-45-21-30-002-0210, 08-43-45-21-30-002-0231, 08-43-45-21-16- 000-0150, 08-43-45-21-14-000-4360, and 08-43-45-21-14-000-3480 (the “Property”) 964 7. Prorations & Closing Costs: Taxes, general and special, are to be prorated as of the date of the Closing. Seller shall pay for state documentary stamps and surtaxes, if any, to be attached to the deed, and any recording fees associated with the release of any monetary encumbrances and/or corrective title instruments. Buyer will pay for the cost of recording the deed. Seller shall be specifically responsible for payment of any rollback or deferred taxes at Closing. Buyer shall pay for the cost of the title commitment, and the title policy. Seller shall pay for the searches required by the title insurance underwriter to delete the standard exceptions from the title policy, and any costs required to cure all title defects to be cured. 8. Real Estate Broker/Realtor: The Buyer and Seller acknowledge that there are no real estate brokers involved in this transaction. 9. Corporate Investment Committee of Lennar Corporation Approval Required: The Agreement must be approved in writing by the Corporate Investment Committee of Lennar Corporation prior to the expiration of the Investigation Period. In the event Buyer fails to deliver to Seller written notice of such approval on or before the end of the Investigation Period, the Agreement shall automatically terminate, and the Escrow Agent shall immediately refund the Deposit to the Buyer. 10. Non-Binding: The parties acknowledge and agree that this LOI is not intended to be and should not be construed as an agreement for sale and purchase of the Homesites. The parties agree that except for Section 10 herein, nothing contained in this LOI shall be binding on either party. Rather, this LOI is intended only to set forth an outline of the general terms from which the parties intend to use good faith efforts to negotiate the Agreement. We look forward to working with you on this exciting transaction. BUYER Lennar Homes, LLC By: Name: Sam Goldberg Title: Land Acquisition Manager SELLER Boynton Beach Community Redevelopment Agency By: Name: Title: 965 Exhibit A Below are Lennar’s responses to discussion items brought up at our kick-off meeting with the Boynton Beach CRA on March 25th, 2026. 1. Does Lennar offer different models and within those models different styles? + We have 3 elevations per plan. The Boynton Beach CRA will have the ability to choose the elevation of their liking. Elevation renderings are featured in Exhibit B. 2. Would Lennar consider covered lanais and/or front porches? Lennar can accommodate 8’-8” x 9’-4” rear covered lanais for both the Belmont and Columbus plans. 3. Recommend swapping paver driveways with concrete driveways – use any cost savings on other façade elements of the home. Lennar can accommodate concrete driveways with Fibermesh. 4. Would Lennar consider fencing the homes? Lennar can build 6-foot PVC privacy fencing for all homes. Lennar is requesting a purchase price credit of $6,000 per home to help alleviate the unforeseen cost of the fence. 5. Would Lennar consider 4 bed/3 bath on Lot 3 if Mod 2 income range to take advantage of oversize lot. Lennar will build the Columbus plan shown at Brystol at Wylder on our tour. The Columbus is a 2-story, 4 bed/2.5 bath, 1,874 SF plan with a 2-car garage. Lennar will sell this plan at the Palm Beach County moderate 2 limit. Elevations for the Columbus are shown in Exhibit B. 6. What is the landscaping plan? Will they add trees and/or other native drought resistant plants? Lennar will use Bahia sod and native drought resistant plants for the landscaping of the homes. 7. What exterior lighting is included? Garage sconces are the exterior lighting. 8. Post construction guarantees - What is the warranty for the homes? Please see post construction guarantees included in our response email. 966 Exhibit B Belmont A Belmont B 967 Belmont C Columbus A 968 Columbus B Columbus C 969 Palm Atlantic, Florida (2/28/20) Modification 1 9018181v.2 1-Year Single Family Home Warranty Dear Homebuyer(s): Congratulations on the purchase of your new Lennar Home. As part of Lennar’s commitment to quality, value and integrity, your Home is covered by a one-year limited warranty on workmanship, systems and structural elements (also known as the “Lennar Limited Warranty” or “Limited Warranty”). The Lennar Limited Warranty is detailed in this document as to the scope of your Warranty coverage. Please take the time to become familiar with this Warranty document and read it in its entirety. It defines our responsibilities to you, and your responsibilities to your Home. Please keep in mind that the proper maintenance of your Home is vital, and if you do not perform the required maintenance on your Home on a regular basis, it can and will limit your Warranty rights. While we are confident that Lennar can resolve any Warranty items to your satisfaction, you should be aware that this Limited Warranty includes a requirement that all disputes be submitted to binding arbitration. Lennar is happy to answer any questions that you have about your Lennar Limited Warranty, or specific construction standards and how they apply to your Home. However, please know that the content of this Warranty Booklet controls Lennar’s obligations to you and your Home to the extent that there may be any differences between the content of this document and your conversations with any of our Lennar Associates. Congratulations again - and enjoy your new Home! 970 9018181v.2 2 2 1-Year Single Family Home Warranty Express Limited Warranty: The “Lennar Limited Warranty” Under the Lennar Limited Warranty, the seller of your Home (“Lennar”) commits that the components of your Home will perform to the standards listed in this Warranty Booklet. Specific components of your Home are covered for one year under the Lennar Limited Warranty, and Lennar’s obligations are expressly limited to those standards and for only the one- year time period as explained below. Please take the time to review the section titled “What Is Not Covered By The Lennar Limited Warranty” which lists those items excluded from the Lennar Limited Warranty. The Lennar Limited Warranty commences on the date of closing of the original purchase of the Home (the “Closing Date”). The protection periods provided below are referred to in the Lennar Limited Warranty as “Warranty Term.” Workmanship, Systems and Structural Protection For one year from the Closing Date, Lennar warrants that the components of the Home set forth in the Workmanship, System and Structural Components Standards found on pages 14 through 51 of this Warranty Booklet will perform in accordance with those Standards. If a component is not specifically listed in the Standards, then it is not warranted under the Lennar Limited Warranty or otherwise. If a component is performing in accordance with the Standards, then Lennar has no further obligations under the Lennar Limited Warranty. Lennar reserves the sole right to determine the repairs and/or replacements necessary to meet the Standards and may, at its sole election, implement repairs in phases to determine if structural components can be stabilized as part of meeting its obligations under the Structural Standards. Please note that a limited number of items in the Standards are subject to a one-time repair obligation. Transferability All of your rights and obligations under the Lennar Limited Warranty shall, unless previously released by you or your successor, fully transfer to each successor owner of the Home, including any mortgagee in possession, for the remainder of the Warranty Term and any transfer shall in no way affect, increase or reduce the coverage under the Lennar Limited Warranty for its unexpired term. If you sell your Home during the Warranty Term, you agree to give this Warranty Booklet to the successor owner to inform the successor owner of warranty rights and to otherwise make it possible for the successor owner to fulfill the successor owner’s obligations under the terms of the Lennar Limited Warranty. If you are an owner other than the original purchaser of the Home, you are bound by all the terms and conditions of the Lennar Limited Warranty including, but not limited to, claims procedures and the requirement to submit any disputes that may arise under the Lennar Limited Warranty to binding arbitration. 971 9018181v.2 3 3 1-Year Single Family Home Warranty Requesting Lennar Limited Warranty Service If you believe that a component of your Home is not performing to the Lennar Limited Warranty standards during the Warranty Term, you must send the appropriate Notice of Workmanship/Systems Claim Form or Notice of Structural Claim Form (located at this back of this booklet) (“Notice of Claim”) to Lennar. The Notice of Claim must list the specific warranty claim and the date that you first observed the condition that is the subject of the claim. You must notify Lennar of any observed component that you believe is not performing to Lennar Limited Warranty standards as soon as possible and in no event later than the date the applicable warranty expires, by sending the Notice of Claim to the appropriate Customer Care office. We must receive your Notice of Claim not later than thirty (30) days after Limited Warranty expires or we will have no further obligation to you under the Lennar Limited Warranty. Lennar is not responsible for repairs or any other costs or expenses (including, but not limited to, attorneys’ fees and engineers’ fees) incurred by you prior to the date you give Lennar a Notice of Claim. In the event that you fail to notify us and give us the opportunity to inspect and repair the conditions giving rise your claim, Lennar will not be responsible for any repairs or any other costs or expenses (including, but not limited to, attorneys’ and engineers’ fees) you incur to address the claim. We will respond to a timely Notice of Workmanship or System Claim within thirty (30) days and complete any warranted repairs within sixty (60) days of receipt of your written Notice of Claim to us unless (i) you or other events beyond our reasonable control delay our completion (including a failure to allow prompt inspections of your Home), or (ii) the condition reasonably requires more than sixty (60) days to properly repair. If we determine that any of the Workmanship or Systems items you report to us are not covered by the Lennar Limited Warranty, we will endeavor to advise you in writing within thirty (30) days of our determination of no coverage. Additional time may be required for us to assess structural claims and evaluate our response. As such, we will respond to any Notice of Structural Claim within sixty (60) days of receipt of your written Notice of Structural Claim unless you or other events beyond our control delay our response (including a failure to allow prompt inspections of your Home). Additional time may be required to investigate, design, implement and/or complete structural repairs beyond the sixty (60) days by which we commit to complete Workmanship/Systems repairs. If we determine that any of the Structural items you report to us are not covered by the Lennar Limited Warranty, we will endeavor to advise you in writing within thirty (30) days of our determination of no coverage. Investigation of claims often requires inspection of the Home, and under certain circumstances, invasive testing might be needed. We may request additional documents or information from you, and you agree as part of the Lennar Limited Warranty to fully cooperate with the investigation of your claim. By submitting a Notice of Claim, you agree to grant Lennar and/or its representatives prompt and complete access to your Home during normal business hours of 8 a.m. to 5 p.m. to inspect, repair and conduct tests in your Home as we may deem necessary. If you refuse to allow us access to your Home, such denial of access shall void the Lennar Limited Warranty with respect to your claim. Lennar reserves the option to repair, replace or pay you the reasonable cost of repair or replacement for any warranted and covered claim. Prior to Lennar undertaking repairs, replacement or payment, you agree to assign to Lennar all claims you may have against any other person or entity who Lennar or you believe may have any responsibility associated with the warranted and covered claim. If you believe that we have not met our obligations under the Lennar Limited Warranty, you may seek resolution of any claim you may have pursuant to the mediation/arbitration provisions set forth in the following section of the Warranty Booklet. 972 9018181v.2 4 4 1-Year Single Family Home Warranty Mediation/Arbitration Of Disputes The terms “Buyer” and “Seller” as used in this section of your warranty shall have the same meaning as set forth in your Purchase and Sale Agreement. By purchasing a Lennar home and receiving this warranty, Buyer specifically agrees that this transaction involves interstate commerce and that any Dispute (as hereinafter defined) shall first be submitted to mediation and, if not settled during mediation, shall thereafter be submitted to binding arbitration as provided by the Federal Arbitration Act (9 U.S.C. §§1 et seq.) and not by or in a court of law or equity. “Disputes” (whether contract, warranty, tort, statutory or otherwise), shall include, but are not limited to, any and all controversies, disputes or claims (1) arising under, or related to, your Purchase and Sale Agreement, the Property, the Community or any dealings between Buyer and Seller; (2) arising by virtue of any representations, promises or warranties alleged to have been made by Seller or Seller’s representative; and (3) relating to personal injury or property damage alleged to have been sustained by Buyer, Buyer’s children or other occupants of the Property, or in the Community. Buyer has executed this Agreement on behalf of his or her children and other occupants of the Property with the intent that all such parties be bound hereby. Any Dispute shall be submitted for binding arbitration within a reasonable time after such Dispute has arisen. Nothing herein shall extend the time period by which a claim or cause of action may be asserted under the applicable statute of limitations or statute of repose, and in no event shall the Dispute be submitted for arbitration after the date when institution of a legal or equitable proceeding based on the underlying claims in such Dispute would be barred by the applicable statute of limitations or statute of repose. Any and all mediations commenced by Buyer and Seller shall be filed with and administered by the American Arbitration Association or any successor thereto (“AAA”) in accordance with the AAA’s Home Construction Mediation Procedures in effect on the date of the request. If there are no Home Construction Mediation Procedures currently in effect, then the AAA’s Construction Industry Mediation Rules in effect on the date of such request shall be utilized. Unless mutually waived in writing by the parties, submission to mediation is a condition precedent to either party taking further action with regard to any matter covered hereunder. If the Dispute is not fully resolved by mediation, the Dispute shall be submitted to binding arbitration and administered by the AAA in accordance with the AAA’s Home Construction Arbitration Rules in effect on the date of the request. If there are no Home Construction Arbitration Rules currently in effect, then the AAA’s Construction Industry Arbitration Rules in effect on the date of such request shall be utilized. Any judgment upon the award rendered by the arbitrator may be entered in and enforced by any court having jurisdiction over such Dispute. If the claimed amount exceeds $250,000.00 or includes a demand for punitive damages, the Dispute shall be heard and determined by three arbitrators; however, if mutually agreed to by the parties, then the Dispute shall be heard and determined by one arbitrator. Arbitrators shall have expertise in the area(s) of Dispute, which may include legal expertise if legal issues are involved. All decisions respecting the arbitrability of any Dispute shall be decided by the arbitrator(s). At the request of either Buyer or Seller, the award of the arbitrator(s) shall be accompanied by detailed written findings of fact and conclusions of law. Except as may be required by law or for confirmation of an award, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The waiver or invalidity of any portion of this Section shall not affect the validity or enforceability of the remaining portions of this Section. Buyer and Seller further agree (1) that any Dispute involving Seller’s affiliates, directors, officers, employees and agents shall also be subject to mediation and arbitration as set forth herein, and shall not be pursued in a court of law or equity; (2) that Seller may, at its sole election, include Seller’s contractors, subcontractors and suppliers, as well as any warranty company and insurer as parties in the mediation and arbitration; and (3) that the mediation and arbitration will be limited to the parties specified herein. To the fullest extent permitted by applicable law, Buyer and Seller agree that no finding or stipulation of fact, no conclusion of law, and no arbitration award in any other arbitration, judicial, or similar proceeding shall be given preclusive or collateral estoppel effect in any arbitration hereunder unless there is mutuality of parties. In addition, Buyer and Seller further agree that no finding or stipulation of fact, no conclusion of law, and no arbitration award in any arbitration hereunder shall be given preclusive or collateral estoppel effect in any other arbitration, judicial, or similar proceeding unless there is mutuality of parties. 973 9018181v.2 5 5 1-Year Single Family Home Warranty Unless otherwise recoverable by law or statute, each of Buyer and Seller shall bear its own costs and expenses, including attorneys’ fees and paraprofessional fees, for any mediation and arbitration. Notwithstanding the foregoing, if Buyer or Seller unsuccessfully contests the validity or scope of arbitration in a court of law or equity, the noncontesting party shall be awarded reasonable attorneys’ fees, paraprofessional fees and expenses incurred in defending such contest, including such fees and costs associated with any appellate proceedings. In addition, if Buyer or Seller fails to abide by the terms of a mediation settlement or arbitration award, the other party shall be awarded reasonable attorneys’ fees, paraprofessional fees and expenses incurred in enforcing such settlement or award. Buyer may obtain additional information concerning the rules of the AAA by visiting its website at www.adr.org or by writing the AAA at 335 Madison Avenue, New York, New York 10017. Seller supports the principals set forth in the Consumer Due Process Protocol developed by the National Consumer Dispute Advisory Committee and agrees to the following: Notwithstanding the requirements of arbitration stated in this Agreement, Buyer shall have the option, after pursuing mediation as provided herein, to seek relief in a small claims court for disputes or claims within the scope of the court’s jurisdiction in lieu of proceeding to arbitration. This option does not apply to any appeal from a decision by a small claims court. Seller agrees to pay for one (1) day of mediation (mediator fees plus any administrative fees relating to the mediation). Any mediator and associated administrative fees incurred thereafter shall be shared equally by the parties. The filing fees and case service fees for any claim pursued via arbitration shall be apportioned as provided in the Home Construction Arbitration Rules of the AAA or other applicable rules. The fees of the arbitrator(s) shall be shared equally by the parties. Notwithstanding the foregoing, if either Seller or Buyer seeks injunctive relief, and not monetary damages, from a court because irreparable damage or harm would otherwise be suffered by either party before mediation or arbitration could be conducted, such actions shall not be interpreted to indicate that either party has waived the right to mediate or arbitrate. The right to mediate and arbitrate should also not be considered waived by the filing of a counterclaim by either party once a claim for injunctive relief had been filed with a court. 974 9018181v.2 6 6 1-Year Single Family Home Warranty What’s Not Covered By Your Lennar Limited Warranty In addition to other limitations and exclusions set forth in this Lennar Limited Warranty and the accompanying Workmanship, Systems and Structural Standards, the Lennar Limited Warranty does not provide coverage for the following items, which are specifically excluded: 1. Damage to any property, fixture, structure, improvement or appurtenance that was not constructed by Lennar. You shall be responsible for paying any costs required to remove such property, fixture, structure, improvement or appurtenance if Lennar deems it reasonably necessary to address a warranty claim. 2. Damage to land, landscaping (including sodding, seeding, shrubs, trees and planting), sprinkler systems, outbuildings, carports, or any other appurtenant structure or attachment to the dwelling, or other additions or improvement not a part of your Home; 3. Loss or damage which arises while your Home is being used primarily for nonresidential purposes; 4. Damages caused by changes in the level of the underground water table which were not reasonably foreseeable at the time of construction of your Home; 5. Loss of use of all or a portion of your Home; 6. This warranty does not apply to any manufactured item such as appliances, fixtures, equipment (except as specifically defined in the Workmanship, Systems and Structural Standards) or any other item which is covered by a manufacturer’s warranty, nor does it cover conditions that are caused by failure of any such manufactured item. Appliances and items of equipment not covered by this Limited Warranty, include but are not limited to: air conditioning units, attic fans, boilers, burglar alarms, carbon monoxide detectors, ceiling fans, central vacuum systems, chimes, dishwashers, dryers, electric meters, electronic air cleaners, exhaust fans, fire alarms, fire protection sprinkler systems, freezers, furnaces, garage door openers, garbage disposals, gas meters, gas or electric grills, heat exchangers, heat pumps, humidifiers, intercoms, oil tanks, outside lights or motion lights not attached to the Home, range hoods, ranges, refrigerators, sewage pumps, smoke detectors, solar collectors, space heaters, sump pumps, thermostats, trash compactors, washers, water pumps, water softeners, water heaters, whirlpool baths, and whole house fans. Please note that the Workmanship, Systems and Structural Standards include reference to some items covered by this paragraph but the inclusion of those items in the Workmanship, Systems and Structural Standards is not intended to limit this exclusion. Any equipment failure covered by this paragraph is excluded from the Lennar Limited Warranty and covered only by a manufacturer’s warranty, if any. 7. Any condition which has not resulted in actual physical damage to your Home; 8. Any loss or damage that is caused or made worse by any of the following causes, whether acting alone or in sequence or concurrence with any other cause or causes whatsoever, including without limitation, negligence on the part of any person: a. Negligence, defective material or work supplied by, or improper operation by, anyone including you or your family other than Lennar or its employees, agents or subcontractors, including failure to comply with the warranty requirements of manufacturers of appliances, equipment or fixtures; b. Change of the grading of the ground that alters the original grade or flow of water at your Home, or does not comply with accepted grading practices; c. Riot or civil commotion, war, vandalism, hurricane, tornado or other windstorm, fire, explosion, blasting, smoke, water escape, tidal wave, flood, hail, snow, ice storm, lightning, falling trees or other objects, aircraft, vehicles, mudslide, avalanche, earthquake, volcanic eruption or Acts of God; d. Abuse of your Home, or any part thereof; e. Microorganisms, fungus, decay, wet rot, dry rot, soft rot, rotting of any kind, mold, mildew, vermin, termites, insects, rodents, birds, wild or domestic animals, plants, corrosion, rust, radon, radiation, formaldehyde, asbestos, any solid, liquid or gaseous pollutant, contaminant, toxin, irritant or carcinogenic substance, whether organic or inorganic, and electromagnetic field or emission, including any claim of health risk or uninhabitability based on any of the foregoing; f. Your failure to minimize or mitigate any defect, condition, loss or damage as soon as practicable; 9. Any loss or damage caused by buried debris (unless such debris was buried by Lennar or its employees, agents or subcontractors), underground springs, sinkholes, mineshafts or other subsurface anomalies; 10. Any request for warranty performance submitted after an unreasonable delay from notice of the condition or, in any event, later than thirty (30) days after the expiration of the Warranty Term; 11. Conditions consistent with or caused by normal wear and tear, including normal wear and tear caused by weather and/or other environmental conditions; 12. Any condition caused by the homeowner’s failure to properly maintain the home; or 13. Any and all exclusions set forth in the Workmanship, Systems and Structural Standards. 975 9018181v.2 7 7 1-Year Single Family Home Warranty Limitations On Lennar Limited Warranty Homeowner Obligations. You are obligated to care for your Home in such a way as to prevent or minimize damage to it and to properly maintain the Home. You should be aware that all homes go through a period of settlement and movement. During this period, your Home or components of your Home may experience some material shrinkage, cracking and other events which are normal and customary. Remember that you are responsible for proper maintenance of your Home including maintaining the original grades around your Home, planting trees and shrubs at a proper distance from your Home and conforming to generally accepted landscape practices for your region. Changing the drainage and grading patterns or trapping water near your Home as a result of homeowner changes in grades and landscaping may cause damage to your foundation. Disclaimer of Implied Warranties. Except as prohibited by laws of the state in which the Home is located, all other warranties, express or implied, including but not limited to any implied warranty of habitability, are hereby expressly disclaimed and waived. The terms of the Lennar Limited Warranty shall not be added to or varied either orally or in writing, and you agree to immediately notify Lennar if you believe any employee or agent of Lennar has added to or varied, either orally or in writing, the terms of the Lennar Limited Warranty. Such notification shall not be deemed as a modification of the agreement regardless of whether Lennar responds to the notice either verbally or in writing. In the event that any provision of the Lennar Limited Warranty is determined to be unenforceable in your state, such determination shall not affect the validity of the remaining provisions of the Lennar Limited Warranty. Cap on Lennar Limited Warranty. Lennar’s total financial obligations under the Lennar Limited Warranty are limited to the original sales price of your Home. This cap is calculated based on the cumulative total of all repairs, replacements or payments made during the Lennar Limited Warranty. Our costs of designing, accomplishing and monitoring repair to your Home are included in this cumulate total. Consequential Damages Not Covered. Lennar shall not be liable for, and you expressly waive recovery of, any consequential damages that may result from the condition of any component of the Home, including but limited to: any diminution in value of the Home before or after repairs are performed; lost profits; damages to personal property; any personal injury of any kind including physical or mental pain and suffering and emotional distress, and any medical or hospital expenses; costs of food, moving and storage, relocation expenses, or rental value of the Home or any other costs due to loss of use, inconvenience or annoyance during repairs. Lennar will, however, reimburse you for reasonable costs of temporary hotel accommodations and a reasonable daily food allowance for such period of time that the repairs required by the claim are so extensive that you cannot reasonably reside in the Home during the repairs. Other Coverage. Lennar shall not be responsible for, and the Lennar Limited Warranty shall not cover, any damages, costs or expenses that are covered by your homeowners’ insurance or other insurance, government, or third party reimbursement programs. To the extent permitted by law, Buyer and Buyer’s insurance carrier waive any right of subrogation that Buyer or its insurance carrier may have in relation to any claim that may be made under this Warranty. Not an Insurance Policy. The Lennar Limited Warranty is not an insurance policy and Lennar does not provide you any insurance through the Lennar Limited Warranty or otherwise. You should always obtain homeowners’ insurance to protect your Home, and your bank or other mortgage provider may require homeowners’ insurance if you have a mortgage. Discretion to Repair, Replace or Make Payment. Lennar reserves the option, at its sole discretion, to repair, replace or pay you the reasonable cost of repair or replacement for any claim made under this Lennar Limited Warranty. The design method and manner of any repair shall also be at Lennar’s sole discretion. Warranty Term Not Extended. The warranty term of the Lennar Limited Warranty shall not be extended by any repair, replacement or payment made under the Lennar Limited Warranty. There shall be no warranty, express or implied, arising from repair or replacement work performed by or on behalf of Lennar except for the remaining original Warranty Term. Limitations on Structural Repairs. Structural repairs are limited to only those (i) repairs of damage to load-bearing portions of your Home that are necessary to restore their load-bearing function; (ii) repair of those non-load bearing portions damaged by the condition that gives rise to the claim and whose repair is necessary to make your Home safe, sanitary or otherwise livable; and (iii) repair and cosmetic correction of only those surfaces, finishes and coverings, original to the Home, that were damaged by the condition giving rise to the claim or by the repair of the condition giving rise to the claim. 976 9018181v.2 8 8 1-Year Single Family Home Warranty Limitations on Post-Repair Condition of Home. Repairs undertaken under the Lennar Limited Warranty are intended to restore the Home to approximately the same condition as existed prior to the claim, but not necessarily to like- new condition. Previously Known Conditions. The Lennar Limited Warranty covers only those conditions which first occur during the term of the Lennar Limited Warranty. In addition, any conditions you knew about prior to the Effective Date of Lennar Limited Warranty such as items identified in the “walk-through,” “punch-list,” or in the case of a previously owned home, conditions that were identified on a home inspection report or were apparent through any reasonable inspection are not covered by the Lennar Limited Warranty. 977 9018181v.2 9 9 1-Year Single Family Home Warranty State Specific Limitations/Clarifications Certain states have special laws that impact new home warranties. If your Home is located in one of the states listed below, the information set forth for your state modifies or adds to the terms of this Warranty. If your Home is not located in one of the following states, the following language is inapplicable to you and your Lennar Limited Warranty. To the extent any applicable state statute invalidates any specific provision of this Warranty, the remaining provisions of the Warranty shall remain in full force and effect. Georgia Lennar and Homeowner expressly agree that the arbitration provisions set forth in this Lennar Limited Warranty establish the exclusive means to resolve all disputes that may arise between you and Lennar (unless a statute expressly provides otherwise). Maryland (Non-Montgomery County) The Lennar Limited Warranty is intended to meet or exceed the terms and rights available under Maryland Code section 10-601, and Lennar warrants that for a period of two years, your Home will be free of any defect in the electrical, plumbing, heating, cooling, and ventilating systems. Notwithstanding provisions to the contrary in the Lennar Limited Warranty, Lennar warrants appliances, fixtures, and items of equipment that we install, but the warranty period is limited to the length and scope of the manufacturer’s warranty on the item. Maryland (Montgomery County, only) The Lennar Limited Warranty is intended to meet or exceed the terms and rights required by the Montgomery County Code. The Lennar Limited Warranty will provide the greater of the coverage of the Lennar Warranty Workmanship, Systems and Structural Standards or the Montgomery County Code, whenever they are in conflict. Additionally, this Lennar Limited Warranty is intended to meet or exceed the terms and rights set forth in the Montgomery County Code related to consequential damages arising as a result of construction defects. The Lennar Limited Warranty will cover the greater of the damages provided in the Lennar Limited Warranty or the requirements of the Montgomery County Code, whenever there is a conflict between them. You may obtain a copy of the applicable county warranty requirements from Montgomery County, directly. Minnesota The Lennar Limited Warranty is intended to meet or exceed the statutory warranties contained in Chapter 327A of Minnesota Statutes. Where the statutory coverage provides greater coverage than the Lennar Warranty Workmanship, Systems and Structural Standard, the statutory coverage shall apply. The Minnesota Common Interest Ownership Act (Chapter 515B of Minnesota Statutes, also known as “MCIOA”) governs communities containing attached homes and communities containing detached homes with exterior maintenance provided by a homeowners’ association. With respect to homes that are subject to MCIOA, the Lennar Limited Warranty is intended to meet or exceed the statutory warranties contained in Sections 4-112 through 4-115 of MCIOA. Where the statutory coverage provides greater coverage than the Lennar Warranty Workmanship, Systems and Structural Standard, the statutory coverage shall apply. To preserve your rights under the Lennar Limited Warranty in Minnesota, you must notify us in writing of your claim no later than six months after the applicable warranty time periods expire. 978 9018181v.2 10 10 1-Year Single Family Home Warranty South Carolina THIS AGREEMENT IS SUBJECT TO ARBITRATION PURSUANT TO THE UNIFORM ARBITRATION ACT, SECTION 15048-10, ET. SEQ. CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED. Texas The Lennar Limited Warranty is intended to meet or exceed the terms and rights available under section 430.001 et seq. of the Property Code and regulations on performance standards found in Title 10, Chapter 304 of the Texas Administrative Code. The Lennar Limited Warranty will provide the greater of the coverage of the Lennar Warranty Workmanship, Systems and Structural Standards or the Texas warranties and building and performance standards whenever there is a conflict between them. 979 9018181v.2 11 11 1-Year Single Family Home Warranty Lennar Workmanship, Systems and Structural Standards The following Workmanship, Systems and Structural Standards have been developed and accepted by the residential construction industry in general. The following Standards are expressed in terms of required standards under the Lennar Limited Warranty. Lennar shall correct any condition that does not comply with these standards that occur within the Warranty Term. Lennar will attempt to match and replace with Homeowner’s original choice of colors and materials, except where Homeowner custom-ordered the items. Lennar is not responsible for discontinued items, changes in dye lots, colors or patterns, or items ordered outside of the original construction and does not guarantee an exact match to any paint color or other finish. Structural components covered by the Structural Standards set forth on the following pages shall only include: 1. Foundations systems and footings 2. Beams 3. Girders 4. Lintels 5. Columns 6. Roof sheathing (only if your Home has original FHA/VA financing still in effect) 7. Load bearing walls and partitions 8. Roof framing systems 9. Floor systems 10. For the State of Colorado, basement slabs for the first four years of the structural warranty period, but only if your Home has original FHA/VA-insured financing. The following components are NOT covered under the Structural Standards set forth on the following pages: 1. Non-load bearing partitions and walls 2. Wall tile or paper 3. Plaster, laths or drywall 4. Flooring and sub-floor material 5. Brick, stucco, stone, siding or veneer 6. Any other type of exterior cladding 7. Roof shingles, roof tiles, sheathing, and tar paper 8. Heating, cooling, ventilating, plumbing, electrical and mechanical systems 9. Appliances, fixtures or items of equipment 10. Doors, trim, cabinets, hardware, insulation, paint, stains 11. Basement and other interior floating, ground-supported concrete slabs 12. Any item covered under the workmanship and systems standards 980 9018181v.2 12 12 1-Year Single Family Home Warranty PERFORMANCE STANDARDS: TABLE OF CONTENTS 14 Site Work 14 Landscape 14 Irrigation 14 Fencing 15 Concrete 17 Masonry 20 Carpentry/Framing 22 Interior Trim 23 Thermal and Moisture Protection 24 Siding 27 Roof 30 Doors and Windows 34 Finishes 35 Flooring 38 Paint/Wall Covering 40 Chimney/Fireplace 41 Cabinets and Countertops 43 Appliances 43 Decks 43 Pest Control 43 Pools 43 Plumbing 45 Mechanical 47 Electrical 49 Mechanical Systems 50 Electrical Systems 51 Structural 981 9018181v.2 13 13 1-Year Single Family Home Warranty DEFICIENCY WORKMANSHIP STANDARDS AND EXCLUSIONS SITE WORK Grading Performance Standard: Settling around foundation walls, utility trenches or other filled areas that exceeds a maximum of six-inches from finished grade established by Builder is considered a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to a one-time repair during the Warranty Term. Homeowner is responsible for removal and replacement of shrubs and other landscaping affected by placement of the fill. Exclusion: Homeowner is responsible for establishing and maintaining adequate ground cover. Landscape altered by the Homeowner voids the Warranty on settlement/grading. Improper surface drainage Performance Standard: Deficiency is limited to grades within 10 feet and swales within 20 feet of Home. Standing or ponding water that remains in these areas for a period longer than 24 hours after a normal rain is considered a deficiency. In swales that drain from adjoining properties or where a sump pump discharges, water is not to remain in these areas for a period longer than 48 hours after a normal rain. The possibility of standing water after an unusually heavy rainfall should be anticipated and is not considered a deficiency. No grading determination is to be made while there is frost or snow or when the ground is saturated. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to a one-time repair during the Warranty Term. Builder is only responsible for initially establishing the proper grades, swales and drainage away from the Home. The Homeowner is responsible for maintaining such grades and swales once constructed by the Builder. Builder is not responsible for drainage deficiencies attributable to grading requirements imposed by state, county or local governing agencies. Exclusion: Standing or ponding water outside of defined swales and beyond 10 feet from the foundation of the Home or that is within 10 feet but is caused by unusual grade conditions, or retention of treed areas, is not considered a deficiency. Standing or ponding water caused by changes in the grade or placement of sod, fencing, or any other obstructions by Homeowner is excluded from coverage. If the Homeowner adds a pool, patio or decks, Builder will no longer be responsible for any warranty claim for improper surface drainage. Flowing or trickling water appears in interior crawl space surfaces Performance Standard: A crawl space that is not graded and drained properly to prevent surface run-off from accumulating deeper than 2 inches in areas 36 inches or larger in diameter is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Exclusion: Deficiencies caused by the 1) Homeowner improperly modifying the existing grade or allowing water from an irrigation system to cause water to accumulate excessively under the foundation; 2) Homeowner allowing landscape plantings to interfere with proper drainage away from the foundation; or 3) Homeowner using the crawl space for storage of any kind are excluded from the Warranty. Soil erosion No coverage. LANDSCAPE No coverage due to regional variances in temperature and terrain. Warranty coverage may be available from a third-party landscape contractor, if applicable. Landscape damage from warranty repairs Performance Standard: Landscape areas that are disturbed during repair work are deficiencies. Responsibility: Restore grades, seed and landscape to meet original condition as reasonably possible. Builder is not responsible for grassed or landscaped areas which are damaged by others, including any work performed by public or private utility companies. Exclusion: Replacement of trees and large bushes that existed at the time the Home was constructed or those added by the Homeowner after occupancy or those that subsequently die are excluded from coverage. IRRIGATION No coverage. FENCING No coverage. 982 9018181v.2 14 14 1-Year Single Family Home Warranty DEFICIENCY WORKMANSHIP STANDARDS AND EXCLUSIONS CONCRETE Basement or foundation wall cracks, other than expansion or control joints Performance Standard: Cracks that allow water to enter through the basement or crawl space wall or seeping through the basement floor are a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Exclusion: Deficiencies caused by the 1) Homeowner improperly modifying the existing grade or allowing water from an irrigation system to cause water to accumulate excessively under the foundation; 2) Homeowner allowing landscape plantings to interfere with proper drainage away from the foundation; or 3) Homeowner using the crawl space for storage of any kind are excluded from the Warranty. Expansion/control joint separation No coverage. Concrete slabs are designed to move at control joints, and such movement does not require corrective action. Cracking of attached garage floor slab Performance Standard: Cracks in attached garage floor slabs that exceed 1/4-inch in width or 1/4-inch in vertical offset are a deficiency. Responsibility: Builder will take corrective action necessary to comply with the Standard. Exclusion: Matching of concrete color or texture is not covered by the Warranty. Cracking of detached garage floor slab No coverage. Garage concrete floor has settled, heaved, or separated Performance Standard: A garage floor that settles, heaves, or separates in excess of 1 inch from the foundation of the Home is a deficiency. Responsibility: Builder will take corrective action necessary to comply with the Standard. Cracks in attached patio slab and sidewalks No coverage. Driveways, sidewalks, stoops, patios, etc., are exposed to the elements year round and are subject to wear and tear from weather. Cracks are to be expected due to curing, expansion and contraction. Cracks in exterior concrete No coverage. Driveways, sidewalks, stoops, patios, etc., are exposed to the elements year round and are subject to wear and tear from weather. Cracks are to be expected due to curing, expansion and contraction. Cracks in concrete on-grade floors, with finish flooring Performance Standard: Cracks that rupture or significantly impair the appearance or performance of the finish flooring material are deficiencies. Responsibility: Repair cracks as required so as not to be apparent when the finish flooring material is in place. Repair may include filling, grinding or use of a floor-leveling compound. Exclusion: Concrete slab-on-grade floors cannot be expected to be crack-free. Most cracking is minor and is the result of large areas of concrete shrinking as the concrete cures. These cracks do not affect the structural integrity of the Home. Since slab-on-grade floors are quite large, shrinkage cracks can be expected to occur randomly. Cracks in concrete floor of unfinished area (no floor covering) or in areas not designed for living No coverage. Cracks in visible face of foundation No coverage. Uneven concrete floor slabs Performance Standard: Concrete floors in rooms finished for habitability by Builder that have pits, depressions or area of unevenness exceeding 3/8-inch in 4 feet are deficiencies. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Where applicable, surface patching is an accepted method of repair. Reinstall or replace any finish flooring material as necessary. Exclusion: Basement floors or where a floor or a portion of a floor has been designed for specific drainage purposes are excluded from the Standard. 983 9018181v.2 15 15 1-Year Single Family Home Warranty DEFICIENCY WORKMANSHIP STANDARDS AND EXCLUSIONS Interior concrete work is pitting, scaling or spalling Performance Standard: Interior concrete surfaces that disintegrate to the extent that aggregate is exposed and loosened under normal conditions of use are deficiencies. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Exclusion: Builder is not responsible for deterioration caused by salt, chemicals, mechanical implements, or other factors beyond the Builder’s control. Color variations are not covered by the Warranty. Efflorescence is present on surface of basement floor No coverage. Separation of brick or masonry edging from concrete slab or step Performance Standard: It is common for the joint to crack between concrete and masonry due to the dissimilarity of the materials. Cracks in excess of 1/4-inch are a deficiency. Responsibility: Grout crack fully and reset loose masonry where required. Replacement of masonry material, if required, shall match the existing as closely as possible but Builder cannot guarantee an exact match. Cracking, settling or heaving of stoops and steps Performance Standard: Stoops and steps that have settled, heaved or separated in excess of 1 inch from Home are a deficiency. Responsibility: Builder shall take corrective action necessary to meet the Standard. Water remains on stoops or steps after rain has stopped Performance Standard: Water shall drain off outdoor stoops and steps. Minor amounts of water can be expected to remain on stoops and steps for up to 24 hours after rain. Responsibility: Builder shall take corrective action necessary to meet the Standard. Concrete stair general standards Performance Standard: Concrete stair steepness and dimensions, such as tread width, riser height, landing size and stairway width that do not comply with the Building Code are a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Concrete stair handrail standards Performance Standard: Handrails that do not remain securely attached to concrete stairs are a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Exclusion: Handrails that do not remain securely attached because of ordinary wear and tear including but not limited to children sliding down the rail or otherwise playing on the rails is excluded. Separation or movement of concrete slabs within the structure at construction and control joints No coverage. Concrete slabs within the structure are designed to move at construction and control joints and are not deficiencies. The Homeowner is responsible for maintenance of joint material. Expansion joints are intentionally placed in some concrete surfaces to allow sections of concrete to expand and contract with changes in temperature, and control joints are intentionally placed in concrete to control cracking as concrete cures. Expansion and control joints often have inserted plastic barriers or have been grooved/notched during concrete placement and will have a tendency to move or crack in the joint area. Concrete block or poured concrete basement wall is bowed or out of plumb Performance Standard: Basement walls that bow or are out of plumb greater than 1.5 inches per 8 feet when measured vertically on the wall are a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Exposed concrete wall has holes in it Performance Standard: Holes in walls that are larger than 1 inch in diameter or 1 inch in depth are considered a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Concrete has protruding objects Performance Standard: Concrete slabs that have protruding objects, such as a nail, rebar or wire mesh are a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. 984 9018181v.2 16 16 1-Year Single Family Home Warranty DEFICIENCY WORKMANSHIP STANDARDS AND EXCLUSIONS Asphalt driveways No coverage. Masonry (brick) driveway settlement/shifting No coverage. Masonry driveway color variation No coverage. Cracks/chips in masonry driveway Performance Standard: Cracks or chips in a masonry driveway caused by construction activities are a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to deficiencies noted prior to closing. Negative slope driveway Performance Standard: A driveway that has a negative slope is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Exclusion: Driveways with negative slope due to site conditions where the lot is below the road are not a deficiency. Pop-outs in exterior concrete No coverage. Surface scaling in exterior concrete No coverage. Water ponding on exterior concrete surfaces No coverage. Common area sidewalks No coverage. Exterior concrete paver surfaces No coverage. Exterior concrete finish No coverage. Protruding object in exterior concrete Performance Standard: Exterior concrete that has protruding objects, such as a nail, rebar or wire mesh is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Concrete corners and edges Performance Standard: Concrete corners and edges that are excessively damaged during construction activities are a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to deficiencies noted prior to closing. MASONRY Cracks in masonry, brick or stone veneer Performance Standard: Small hairline cracks resulting from shrinkage are common in mortar joints of masonry construction. Cracks greater than 1/4-inch in width are deficiencies. Responsibility: Builder will repair cracks greater than 1/4-inch by tuck pointing and patching. Repairs should be made near the end of the Warranty Term to allow Home to stabilize and normal settlement to occur. Exclusion: Builder is not responsible for color variations between existing and new mortar. Masonry wall bowed Performance Standard: A masonry wall that bows in an amount equal to or in excess of 1 inch in 10 feet when measured vertically is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Exclusion: This Standard does not apply to natural stone products. 985 9018181v.2 17 17 1-Year Single Family Home Warranty DEFICIENCY WORKMANSHIP STANDARDS AND EXCLUSIONS Masonry broken, loose or deteriorated Performance Standard: A masonry unit or mortar that is broken, loose or deteriorated is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Stained or dirty masonry Performance Standard: Masonry that has dirt, stain or debris on the surface due to construction activities is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to deficiencies noted prior to closing. Gaps in masonry walls Performance Standard: A gap between masonry and adjacent material equaling or exceeding 1/4-inch in average width that is not caulked is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Mortar obstructions Performance Standard: Mortar that obstructs a functional opening, such as a vent, weep hole or plumbing cleanout is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Exclusion: Deficiencies caused by the Homeowner putting any material into weep holes are excluded. Weep holes are an integral part of the wall drainage system and must remain unobstructed. Mortar stain on exterior brick or stone Performance Standard: Exterior brick and stone shall be free of mortar stains detracting from the appearance of the finished wall when viewed from 20 feet at closing. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to deficiencies noted prior to closing. Efflorescence is present on masonry or mortar surface No coverage. Cracking or spalling of stucco and cement plaster Performance Standard: Hairline cracks in stucco or cement plaster are common especially if applied directly to masonry back-up. Cracks greater than 1/8-inch in width or spalling of the finish surfaces are deficiencies. Responsibility: Scrape out cracks and spalled areas. Fill with cement plaster or stucco to match finish and color as close as possible. Exclusion: The Builder will try to match the original stucco texture and color as closely as possible, but a perfect match is not covered by the Warranty. The Builder shall not be responsible for repairing cracks in stucco caused by the Homeowner’s actions, including the attachment of devices to the stucco surface, such as, but not limited to, patio covers, plant holders, awnings and hose racks. Separation at stucco joints Performance Standard: A separation between a stucco surface and adjacent material that equals or exceeds 1/4-inch in width that is not caulked is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Separation of coating from base on exterior stucco wall Performance Standard: Texture may become separated from the base stucco layer. Missing stucco texture greater than 1/8-inch is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder is not responsible for failure to match color or texture, due to the nature of the material. Exclusion: Texture loss beneath the horizontal weep or drainage screed is normal and is not covered by the Warranty. Exposed lath Performance Standard: Lath that is exposed is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. 986 9018181v.2 18 18 1-Year Single Family Home Warranty DEFICIENCY WORKMANSHIP STANDARDS AND EXCLUSIONS Texture mismatch Performance Standard: Deviations, bumps or voids measuring over 1/4-inch per 4 feet, which are not part of the intended texture are a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Exemptions: Texture is applied by hand, which varies with the technique of the installer. Where tall walls exist, it is necessary to install in several passes. Breaks between application phases occur in all homes and sometimes are more visible due to the method of application. Inherent inconsistency is to be expected as with all hand-applied troweled finishes. During repair, the Builder will try to match the original texture as closely as possible, but a perfect match is not covered by the Warranty. Stucco color mismatch No coverage. Stucco/Cementitious finish is a colored cement product and is affected by the underlying surface, application technique, temperature, humidity and curing. The Builder will try to match stucco/ cementitious finish color as closely as possible, but a perfect match is not covered by the Warranty. Surface staining No coverage. The surface of exterior walls may become stained from rainwater or water splashing up from the ground. Since the surface is a porous material, this condition cannot be eliminated and is not covered by the Warranty. Stucco/cementitious finish appears wet No coverage. The surface is a porous cement product and designed to become saturated with moisture. It will, therefore, appear wet long after rain has stopped. This is a normal condition and is not covered by the Warranty. Stucco finish imperfections Performance Standard: Stucco surfaces that have imperfections that are visible from a distance of 10 feet under normal lighting conditions and that disrupt the overall uniformity of the finished pattern are a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Stucco deteriorates excessively Performance Standard: Stucco that deteriorates excessively is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Exclusion: Deterioration caused by Homeowner allowing water from irrigation system to contact stucco excessively is not covered. Stucco bowed, uneven or wavy Performance Standard: Stucco walls that bow in excess of 1.5 inches in 10 feet measured vertically is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Stucco screed Performance Standard: A stucco screed that does not have a minimum clearance of at least 4 inches above the soil or landscape surface and at least 2 inches above any paved surface is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Exclusion: Deficiencies due to Homeowner-altered landscape are not covered. Stucco obstructs opening Performance Standard: Stucco that obstructs a functional opening, such as a vent, weep hole or plumbing cleanout is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Course of masonry or veneer not straight No coverage. Exterior cut bricks are of different thickness below openings No coverage. 987 9018181v.2 19 19 1-Year Single Family Home Warranty DEFICIENCY WORKMANSHIP STANDARDS AND EXCLUSIONS CARPENTRY/FRAMING Floors squeak, due to improper installation or loose subfloors Performance Standard: Loud and objectionable squeaks caused by improper installation or loose subfloor are deficiencies, but a totally squeak-proof floor cannot be guaranteed. Responsibility: Builder will refasten any loose subfloor or take other corrective action to reduce squeaking to the extent possible within reasonable repair capability without removing floor and ceiling finishes. Floor squeaks may occur when a subfloor that has come loose from the joists is deflected by the weight of a person and rubs against the nails that hold it in place. Squeaks may also occur when one joint is deflected while the other members remain stationary. Because the Standard requires the Builder to make a reasonable attempt to eliminate squeaks without requiring removal of all floor and ceiling finishes, nailing loose subflooring with casing nails into the carpet surface and countersinking the head is an acceptable practice. Squeaking stair riser or tread Performance Standard: Loud squeaks caused by a loose stair riser or tread are deficiencies, but totally squeak-proof stair risers or treads cannot be guaranteed. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Gaps exist between interior stair railing parts Performance Standard: Gaps between interior stair railing parts that exceed 1/8-inch in width are a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Interior stair railing lacks rigidity Performance Standard: Interior stair railings that are not attached to structural members in accordance with applicable codes are a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to a one-time repair during the Warranty Term. Interior stair tread deflects too much Performance Standard: An interior stair tread that deflects in excess of 1/8-inch at 200 pounds force is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Gaps exist between interior stair risers, treads, and/or skirts Performance Standard: Gaps between adjoining parts that are designed to meet flush that exceed 1/8-inch in width are a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to a one-time repair during the Warranty Term. Uneven wood framed floors Performance Standard: Sub-flooring that has excessive humps, ridges, depressions or slopes within any room that equals or exceeds 3/8- inch in any 32-inch direction is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Wood floor is out of square No coverage. Wood floor is out of level Performance Standard: If any point on the surface of a wood floor is more than 1/2-inch higher or lower than any other point on the surface within 20 feet, or proportional multiples of the preceding dimensions, it is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Excessive deflection observed in floor or roof constructed of wood I-joists Performance Standard: If All beams, joists, rafters, headers, and other structural members constructed of wood I-joists that are not sized, and fasteners spaced, according to manufacturer’s specifications for size, length, and spacing are a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. 988 9018181v.2 20 20 1-Year Single Family Home Warranty DEFICIENCY WORKMANSHIP STANDARDS AND EXCLUSIONS Bowed stud walls or ceilings Performance Standard: All interior and exterior frame walls or ceilings have slight variations on the finish surfaces. Walls or ceilings that are bowed more than 1/2-inch within a 32 inch horizontal measurement; or 1/2-inch with any 8-foot vertical measurement are deficiencies. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Wood frame walls out of plumb Performance Standard: Wood frame walls that are more than 3/8-inch out of plumb for any 32 inch vertical measurement are a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Wood, concrete, masonry or steel columns are bowed or out of plumb Performance Standard: Wood columns that are bowed in excess of 1/2-inch in 8 feet or out of plumb in excess of 1/8-inch in any 12 inches or 3/4-inch in 8 feet when measured from base to top of column are a deficiency. Concrete columns installed with a bow in excess of 1 inch in 8 feet are a deficiency. Concrete columns installed out of plumb in excess of 1/4-inch in 12 inches when measured from the base to the top of the column, not to exceed 1.5 inches in 8 feet are a deficiency. Exposed concrete columns bowed or out of plumb in excess of 1 inch in 8 feet are a deficiency. Masonry columns installed out of plumb in excess of 1/4-inch in 12 inches when measured from the base to the top of the column not to exceed 1.5 inches in 8 feet are a deficiency. Masonry columns bowed or out of plumb more than 1 inch in 8 feet are a deficiency. Steel columns out of plumb in excess of 1/8-inch in 12 inches when measured from the base to the top of the column are a deficiency. Steel columns bowed or out of plumb in excess of 3/8-inch in 8 feet when measured vertically are a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Exterior moisture barrier on wall Performance Standard: An exterior moisture barrier that allows an accumulation of moisture inside the barrier is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Exclusion: Penetrations made by the Homeowner through the exterior moisture barrier that permit the introduction of moisture inside the barrier are excluded. Springiness, bounce, shaking, or visible sag is observed in floor or roof Performance Standard: All beams, joists, rafters, headers and other structural members shall be sized and fasteners spaced according to the National Forest Products Association span tables or local building codes. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Wood beam or post is split Performance Standard: Beams or post, especially those 2.5 inches or greater in thickness, will sometimes split as they dry subsequent to construction. Unfilled splits exceeding 1/4-inch in width and all splits exceeding 3/8-inch in width are deficiencies. Responsibility: Builder shall repair or replace as required. Filling splits is acceptable for widths up to 3/8-inch. Exclusion: Some characteristics of drying wood are beyond the control of the Builder and cannot be prevented. Wood beam or post is twisted, bowed or cupped Performance Standard: A non-structural post or beam having a warp or twist equal or exceeding 1 inch in 8 feet of length is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Split or warped rafters or trusses No coverage. Some splitting or warping is normal and is caused by high temperature effects on lumber. 989 9018181v.2 21 21 1-Year Single Family Home Warranty DEFICIENCY WORKMANSHIP STANDARDS AND EXCLUSIONS Exterior sheathing and subflooring which delaminates or swells Performance Standard: Sheathing and subflooring delaminating or swelling on the side that the finish material has been applied is a deficiency. Responsibility: Builder shall repair or replace subflooring or sheathing as required. Replacement of the finish materials, when necessary, shall be done to match the existing finish as closely as possible. Wood frame walls out of square Performance Standard: The diagonal of a triangle with sides of 12 feet and 16 feet along the edges of the floor that is not 20 feet plus or minus 1/2-inch is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. INTERIOR TRIM Shelving Performance Standard: The length of a closet rod shall not be shorter than the actual distance between the end supports in an amount equal to or exceeding 1/4-inch and shall be supported by stud-mounted brackets no more than 4 feet apart. The length of a shelf shall not be shorter than the actual distance between the supporting walls by an amount equal to or exceeding 1/4-inch and shall be supported by stud-mounted brackets no more than 4 feet apart. End supports shall be securely mounted. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Unsatisfactory quality of finished interior trim and workmanship Performance Standard: Joints between moldings and adjacent surfaces that exceed 1/8-inch in width are deficiencies. Responsibility: Repair defective joints and touch up finish coating where required to match as closely as possible. Caulking is acceptable. Exclusion: Some separation due to lumber shrinkage is normal and should be expected. Separation of trim and moldings can be caused by lack of control of indoor relative humidity by Homeowner and is not covered. Inside corner is not coped or mitered Performance Standard: Trim edges at inside corners that are not coped or mitered are a deficiency. However, square edge trim may be butted. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Trim or molding miter edges do not meet Performance Standard: Gaps between miter edges in trim and molding that exceed 1/4-inch at installation are a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to deficiencies noted prior to closing. Interior trim is split No coverage. Splits, cracks and checking are inherent characteristics of all wood products and are not considered deficiencies. Hammer marks visible on interior trim Performance Standard: Hammer marks on interior trim that are readily visible from a distance of 6 feet under normal lighting conditions are a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to deficiencies noted prior to closing. Exemption: Refinished or replaced areas may not match surrounding areas exactly. Exposed nail heads in woodwork Performance Standard: After painting or finishing, nails and nails holes that are readily visible from a distance of 6 feet under normal lighting conditions are a deficiency. Responsibility: Fill nail holes where required and, if necessary, touch up paint, stain or varnish to match as closely as possible. Builder’s responsibility is limited to deficiencies noted prior to closing. Exemption: Nail holes do not have to be filled where the surface finish is not conducive or so designed to have nail holes filled because of the product. Nail holes in base and trim in unfinished rooms or closets do not have to be filled. 990 9018181v.2 22 22 1-Year Single Family Home Warranty DEFICIENCY WORKMANSHIP STANDARDS AND EXCLUSIONS THERMAL AND MOISTURE PROTECTION Leaks in basement or in foundation/crawl space Performance Standard: Leaks resulting in actual trickling of water through the walls or seeping through the floor are deficiencies. Responsibility: Take such corrective action as is necessary to correct basement and crawl space leaks, except where the cause is determined to be the result of Homeowner negligence. Where a sump pit has been installed by Builder in the affected areas but the sump pump was not contracted for or installed by Builder, no action is required until a properly sized pump is installed by the Homeowner in an attempt to correct the condition. Should the condition continue to exist, then Builder shall take necessary action to correct the problem. Exemption: Leaks caused by landscaping improperly installed by the Homeowner or failure by the Homeowner to maintain proper grades are excluded from Warranty Coverage. Dampness in basement and foundation walls or in concrete basement and crawl space floors is often common to new construction and is not a deficiency. Insufficient insulation Performance Standard: Insulation that is not installed around all habitable areas in accordance with established local industry standards is a deficiency. Responsibility: Builder shall install insulation of sufficient thickness and characteristics to meet the local industry standards. In the case of dispute, cost for investigating the sufficiency of insulation and restoring areas to prior condition is to be borne by Homeowner if it is found that the standard has been met by Builder. Builder’s responsibility is limited to deficiencies noted prior to closing. Sound transmission between rooms, floor levels, or from the street into Home No coverage. Inadequate ventilation or moisture in crawl spaces Performance Standard: Crawl spaces shall have adequate ventilation to remove moisture or other approved method of moisture control. Ventilation or other moisture control methods shall be considered a deficiency if there is damage to supporting members or insulation due to moisture accumulation. Responsibility: Builder shall investigate to determine cause, and make necessary repairs. Corrective action may include the installation or properly sized louvers, vents, vapor barrier or other locally approved method of moisture control. Exclusion: Temporary conditions may cause condensation in crawl spaces that cannot be eliminated by ventilation and/or vapor barrier. Night air may cool foundation walls and provide a cool surface on which moisture may condense. In homes that are left unheated in the winter, the underside of floors may provide a cold surface on which warmer crawl space air may condense. These and other similar conditions are beyond the Builder’s control. Maintaining adequate heat and seasonable adjustment of vents is the responsibility of the Homeowner. Inadequate ventilation or moisture control in attics or roofs Performance Standard: Attics or roofs shall have adequate ventilation to remove moisture, or other approved method of moisture control. Ventilation or other moisture control methods shall be considered a deficiency if there is damage to supporting members or insulation due to moisture accumulation. Responsibility: Builder shall investigate to determine cause, and make necessary repairs. Corrective action may include the installation of properly sized louvers, vents, vapor retarder or other locally approved method of moisture control. Exclusion: The Homeowner is responsible for keeping existing vents unobstructed. Locally approved and properly constructed “hot roof” or other alternative roof designs may not require ventilation, and where there is no evidence of moisture damage to supporting members or insulation, there are no deficiencies. Attic vents or louvers leak Performance Standard: Attic vents and louvers that leak are a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Exclusion: Infiltration of wind driven rain and snow are not considered leaks and are beyond the control of the Builder. 991 9018181v.2 23 23 1-Year Single Family Home Warranty Delamination, splitting or deterioration of exterior siding Performance Standard: Any hardwood or composite siding that has delaminated (separated into layers) is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Exclusion: The effects of improper Homeowner maintenance, negligent damage caused by objects striking the siding and weathering are not covered by the Warranty. DEFICIENCY WORKMANSHIP STANDARDS AND EXCLUSIONS Bath or kitchen exhaust fans improperly vented into attic Performance Standard: Bath or kitchen exhaust fans that are vented into attics causing moisture to accumulate resulting in damage to supporting members or insulation are deficiencies. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Kitchen or bath fans allow cold air infiltration No coverage. This is a normal condition beyond the Builder’s control. Water or air leaks in exterior walls due to inadequate caulking Performance Standard: Joints and cracks in exterior wall surfaces and around openings that are not properly caulked to exclude the entry of water or excessive drafts are a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Exclusion: The Homeowner must maintain caulking once the condition is corrected. SIDING Delamination, splitting or deterioration of exterior siding Performance Standard: Any hardwood or composite siding that has delaminated (separated into layers) is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Exclusion: The effects of improper Homeowner maintenance, negligent damage caused by objects striking the siding and weathering are not covered by the Warranty. Loose or fallen siding Performance Standard: All siding that is not installed properly, which causes same to come loose or fall off is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Exclusion: Loose or fallen siding due to Homeowners actions or neglect, such as leaning heavy objects against siding, impact, or sprinkler systems repeatedly wetting siding is not a deficiency. Siding is bowed Performance Standard: Bows exceeding 1/2-inch in 32 inches are deficiencies. Responsibility: Builder shall take corrective action necessary to comply with the Standard. If replacement of siding is required, Builder will match the original material as closely as possible. Homeowner should be aware that the new finish may not exactly match the original surface texture or color. Exclusion: Bowed siding due to Homeowner’s actions or such as bowing caused by sprinkler system repeatedly wetting siding is not a deficiency. Impact, or sprinkler systems repeatedly wetting siding is not a deficiency. Siding is cupped Performance Standard: Siding cupped in an amount equal to or exceeding 1/2-inch in a 6-foot run is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Stained siding from nails Performance Standard: Nail stains exceeding 1/2-inch in length and visible from a distance of 20 feet are deficiencies. Responsibility: Builder shall correct by either removing stains, painting or staining the affected area one-time only during the Warranty Term. Builder shall match color and finish as closely as possible. Where paint or stain touch up affects the majority of the wall surface, the whole area shall be refinished. Exclusion: “Natural weathering” or semi-transparent stains are excluded from coverage. 992 9018181v.2 24 24 1-Year Single Family Home Warranty DEFICIENCY WORKMANSHIP STANDARDS AND EXCLUSIONS Siding joints separated Performance Standard: Joint separations in siding exceeding 3/16-inch are a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Filling with sealant is an acceptable repair. Gaps between siding and trim Performance Standard: Gaps between siding and moldings at trim pieces, miter joints or openings that exceed 1/4-inch are a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Caulking and repainting is an acceptable repair. Siding nails expose interior fiber Performance Standard: Siding nails that are countersunk to expose the interior fibers of hardboard or cementitious composite siding are a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Caulking and repainting is an acceptable repair. Splits or knotholes in siding or trim Performance Standard: Knotholes that expose the underlying sheathing or building paper, or splits in exterior siding or trim wider than 1/8- inch are a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to a one-time repair during the Warranty Term. Siding color or texture mismatch Performance Standard: The Builder will try to match the texture and color of the existing siding as closely as possible for any repair or replacement of siding, but a perfect match is not guaranteed by the Warranty. Siding finish faded Performance Standard: Any colored siding will fade when exposed to the sun. This is a normal condition. If a particular piece of siding that becomes excessively faded in contrast to similarly exposed siding, it is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to a one-time repair during the Warranty Term. Siding/trim wood rot Performance Standard: Some warping, cupping, splitting or rotting of wood can be expected. Excess warping, cupping, splitting or rotting of wooden members is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to a one-time repair during the Warranty Term. “Bleeding” through siding paint Performance Standard: Resins and extractives “bleeding” through the paint are a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to a one-time repair during the Warranty Term. Exclusion: The Warranty will not apply if stains or clear wood protectants are used, since they do not cover up the natural extractives of wood. Effects of improper Homeowner maintenance, negligence, physical damage or weathering are not covered by the Warranty. Unsatisfactory quality of finished exterior trim and workmanship Performance Standard: Joints between exterior trim elements and siding which are in excess of 1/4-inch are deficiencies. In all cases, the siding shall be capable of performing its function to exclude the elements. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Caulk open joints between dissimilar materials. 993 9018181v.2 25 25 1-Year Single Family Home Warranty DEFICIENCY WORKMANSHIP STANDARDS AND EXCLUSIONS Loose exterior trim Performance Standard: Trim that has separated from the Home by more than 1/4-inch is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Exclusion: The Warranty does not cover trim separation caused by acts of God or unusually high winds that exceed the manufacturer’s wind limits. Protruding nails in exterior trim Performance Standard: Trim with nails that completely protrude through the finished surface of the trim is a deficiency but nail heads may be visible on some products. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Exclusion: Some products specify that the nails be flush with the trim surface. When these products are used, visible nail heads are not considered protruding nails as long as they are painted over. Nail stains in exterior trim Performance Standard: Nail stains exceeding 1/2-inch in length and visible from a distance of 20 feet are deficiencies. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to deficiencies noted prior to closing. Exterior trim board cupped Performance Standard: Exterior trim and eave block that cups in an amount equal to or in excess of a 1/4-inch in a 6-foot run is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Exterior trim board twisted Performance Standard: Bows and twists in trim board exceeding 3/4-inch per 8 feet are deficiencies. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Exterior trim is split Performance Standard: Exterior trim and eave block with cracks or splits equal to or in excess of 1/8-inch in average width are deficiencies. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Siding is not installed on a straight line Performance Standard: Any piece of lap siding more than 1/2-inch off parallel in 20 feet with contiguous courses is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to deficiencies noted prior to closing. Siding is buckled Performance Standard: Siding that projects more than 3/16-inch from the face of adjacent siding is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to a one-time repair during the Warranty Term. Siding is wavy Performance Standard: Some waviness in lap siding is to be expected because of bows in studs. Thermal expansion waves or distortions in aluminum or vinyl lap siding, sometimes called oil canning, are considered deficiencies if they exceed 1/2-inch in 32 inches. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to a one-time repair during the Warranty Term. Aluminum or vinyl lap siding trim is loose from Home Performance Standard: Trim that is separated more than 1/4-inch from the Home is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. 994 9018181v.2 26 26 1-Year Single Family Home Warranty DEFICIENCY WORKMANSHIP STANDARDS AND EXCLUSIONS Aluminum or vinyl lap siding courses are not parallel with eaves or wall openings Performance Standard: Any piece of aluminum or vinyl lap siding more than 1/2-inch off parallel in 20 feet with contiguous courses, or contiguous break such as a soffit line, is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Aluminum or vinyl lap siding nail shows under window, door, or eave Performance Standard: Facing nails that do not match the color of the trim they affix are deficiencies. Nail heads in the field of the siding that are exposed are deficiencies. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Aluminum or vinyl lap siding trim accessory is loose from caulking at windows or other wall openings No coverage. Aluminum or vinyl lap siding is not cut tight to moldings Performance Standard: Gaps between siding and moldings that exceed 1/4-inch are deficiencies. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Exclusion: The consumer and contractor may agree to disregard standard to match conditions on structure. Aluminum or vinyl lap siding is cut crooked Performance Standard: Visible cuts in siding shall be straight, plumb, and neat. Crooked cuts greater than 1/8-inch from true are a deficiency. Responsibility: Gaps shall comply with the manufacturer’s guidelines unless the existing building is out of square or out of plumb. Cut edges of vinyl siding should always be covered by trim or receiving channels and should not be visible. Cuts should be made so that when properly installed in trim, edges are not visible. ROOF Water trapped under roofing membrane Performance Standard: Any blister larger than 12 inches is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Roof or flashing leaks Performance Standard: Roof and flashing leaks that occur under normal weather conditions are a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Exclusion: Leaks caused by debris or ice accumulation are considered part of routine Homeowner maintenance and are not covered by the Warranty. Roof shingles have blown off Performance Standard: Shingles shall not blow off in wind less than the manufacturer’s standards or specifications. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Exclusion: Shingles that blow off in winds less than the manufacturer’s specifications due to a manufacturing defect are the manufacturer’s responsibility. Shingles that blow off in hurricanes, tornadoes, hailstorms, or winds including gusts greater than 60 miles per hour, are not deficiencies. Homeowner should consult the manufacturer’s warranty for specs, standards and warranty responsibility in higher wind speeds. Lifted, torn, curled or otherwise defective shingles No coverage. Manufacturing defects in shingles are not covered under the Warranty. The Homeowner should consult the manufacturer’s warranty for specs, standards, and manufacturer’s warranty responsibility. 995 9018181v.2 27 27 1-Year Single Family Home Warranty DEFICIENCY WORKMANSHIP STANDARDS AND EXCLUSIONS Mildew, algae and moss on roofs No coverage. The growth of mildew, algae and moss on roof surfaces is caused by the accumulation of dust and considered the responsibility of the Homeowner to conduct proper routine maintenance. The growth of mildew, algae and moss on roof surfaces is not covered under the Warranty. Roof tile efflorescence No coverage. Efflorescence is a temporary surface condition that causes a white chalky substance to form on concrete products. It is not uncommon for efflorescence to form on roof tiles, as it is a common condition for all concrete products. Efflorescence will eventually wash away with rain and, therefore, is not covered under the Warranty. Roofing shingles or tiles not aligned No coverage. Shingles and tiles are installed to withstand a maximum exposure to the weather as recommended by the manufacturer. Often, tiles and shingles must be adjusted to compensate for differing roof conditions. This is not considered a defect. Shading or shadowing pattern No coverage. Shading or shadowing on roofing materials is caused by the differences in product color installed in a specific area. The Builder will try to minimize shading deviations by mixing the tiles and shingles during installation, but uniform shading or shadowing is not covered by the Warranty. Roof tile color variations No coverage. Color fading, color changes, variations of the color hue or physical deterioration of the color from outside conditions of roof tiles should be expected. Because shade variations are normal and expected from weather, oxidation or air pollutants, color variations in roof tiles are not covered by the Warranty. New roofing products do not match existing No coverage. The color and texture of new roofing components used to repair existing roofing components may not match due to weather or manufacturing variations. For any repair or replacement of roofing components, the Builder will try to match the texture and color of existing roofing components as closely as possible, but a perfect color match is not covered by the Warranty. Interior water damage from ice-damming Performance Standard: Ice-damming causing leaks into living areas because of incorrectly installed insulation is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Exclusion: No action is required if the condition is caused by swings of freezing and thawing in the weather. Loose or cracked tiles or shingles Performance Standard: A roof tile that is cracked or broken is a deficiency. A shingle that is broken so that it detracts from the overall appearance of the Home is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Exclusion: Deficiencies caused by Homeowner conduct. Standing water on built-up roofs Performance Standard: Water that does not drain from a flat or low pitched roof within 24 hours of a normal rainfall is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Exclusion: Minor ponding or standing of water is not considered a deficiency. Minor ponding shall not exceed 3/8-inch. Miscellaneous roof water infiltration Performance Standard: Exterior moisture barrier of the roof that allows moisture penetration is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Exclusion: Penetrations through exterior moisture barrier of the roof made by the Homeowner. Roofing is blistered but does not admit water Performance Standard: No coverage. Surface blistering of roll roofing is caused by unusual conditions of heat and humidity acting on the asphalt and cannot be controlled by the Builder. Roof ridge beam deflects Performance Standard: Roof ridge beam deflection greater than 1 inch in 8 feet is considered a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. 996 9018181v.2 28 28 1-Year Single Family Home Warranty DEFICIENCY WORKMANSHIP STANDARDS AND EXCLUSIONS Roof or ceiling rafter bows Performance Standard: Rafters that bow greater than 1 inch in 8 feet are considered a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Roof sheathing is wavy or appears bowed Performance Standard: Roof sheathing that bows more than 1/2-inch in 2 feet is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Ice builds up on the roof No coverage. During prolonged cold spells, ice is likely to build up at the eaves of a roof. This condition can naturally occur when snow and ice accumulates. Asphalt shingles do not overhang edges of roof, or hang too far over edges of roof Performance Standard: Asphalt shingles shall overhang roof edges by not less than 1/4-inch, and not more than 3/4-inch unless the manufacturer’s standards/specifications indicate otherwise. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Asphalt shingles have developed surface buckling Performance Standard: Asphalt shingle surfaces need not be perfectly flat. Buckling higher than 1/4-inch is considered a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Sheathing nails have loosened from framing and raised asphalt shingles Performance Standard: Nails that loosen from roof sheathing to raise asphalt shingles from surface are a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Roofing nails are exposed at ridge of roof Performance Standard: Nail heads shall be sealed to prevent leakage. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to a one-time repair during the Warranty Term. Holes from walk boards are visible in asphalt shingles Performance Standard: Holes from walk boards shall be flashed and sealed below the asphalt shingle tab to prevent leakage. If patch is visible from ground, the shingle should be replaced. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Existing roof shingles telegraphing through new asphalt shingles No coverage. Water is trapped under roll roofing Performance Standard: Water that becomes trapped under roll roofing is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Gutter and downspouts leak Performance Standard: Leaks at connections of gutters and downspouts are a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Exclusion: Homeowner is responsible for keeping gutters and downspouts clean. Gutter may overflow during heavy rains provided proper care is taken by the Homeowner to clear debris, snow and ice. Water remains in gutters after a rain Performance Standard: Small amounts of water may remain in some sections of gutter for a short time after a rain. Standing water in gutters that exceeds 1/2-inch in depth is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to a one-time repair during the Warranty Term. Exclusion: Homeowner is responsible for keeping gutters and downspouts free from debris that would obstruct drainage. 997 9018181v.2 29 29 1-Year Single Family Home Warranty DEFICIENCY WORKMANSHIP STANDARDS AND EXCLUSIONS DOORS AND WINDOWS Warpage of interior or exterior doors Performance Standard: Warping on doors that exceeds 1/4-inch as measured diagonally from corner to corner is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Exclusion: Warping that occurs to stain or lacquer-finished doors that are improperly maintained is the Homeowner’s responsibility and is not covered by the Warranty. Doors that do not open and close freely without binding against the doorframe Performance Standard: Passage doors that do not open and close freely without binding against the doorframe are deficiencies. Lock bolt is to fit the keeper to maintain a closed position. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Exclusion: Wood doors may stick during occasional periods of high humidity. Seasonal changes may cause doors to expand and contract, and are usually temporary conditions. Gaps are visible around exterior door edge, door jamb and threshold Performance Standard: Gaps greater than 1/4-inch are deficiencies. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Door edge is not parallel to door jamb Performance Standard: Door edge that is not within 3/16-inch of parallel to the door jamb is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Door swings open or closed by the force of gravity Performance Standard: When a door is placed in an open position, it shall remain in the position it was placed, unless the movement is caused by airflow. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Door panels shrink and expose bare wood No coverage. Wooden panels will shrink and expand because of temperature and/or humidity changes, and may expose unpainted surfaces. This does not constitute a defect. Door panels split Performance Standard: Door panels that have split to allow light to be visible through the door are deficiencies. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Bottom of doors drag on carpet surface Performance Standard: Where it is understood by Builder and Homeowner that carpet is planned to be installed as floor finish by Builder, the bottom of the doors which drag on the carpet are deficiencies. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Exclusion: Where carpet is selected by the Homeowner having excessive high pile, the Homeowner is responsible for any additional door undercutting. Builder is not responsible if Homeowner installs carpet. Excessive opening at the bottom of interior doors Performance Standard: Passage doors from room to room that have openings between the bottom of the door and the floor finish material in excess of 1.5 inches are deficiencies. Closet doors having an opening in excess of 2 inches are deficiencies. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to a one-time repair during the Warranty Term. 998 9018181v.2 30 30 1-Year Single Family Home Warranty DEFICIENCY WORKMANSHIP STANDARDS AND EXCLUSIONS Bi-fold and pocket doors Performance Standard: Pocket doors that rub in their pockets during normal operation are deficiencies. Bi-fold doors shall slide properly on their tracks at the time of closing. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to a one-time repair during the Warranty Term. Exclusion: Cleaning and maintenance necessary to preserve proper operation are the Homeowner’s responsibility. Sliding patio doors and screens Performance Standard: Sliding patio doors and screens that come off their tracks when sliding during normal operation are deficiencies. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to a one-time repair during the Warranty Term. Exclusion: Some entrance of the elements can be expected under windy conditions. Sliding patio door does not roll smoothly Performance Standard: Sliding patio doors that do not roll smoothly at the time of closing are deficiencies. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to a one-time repair during the Warranty Term. Exclusion: The cleaning and maintenance necessary to preserve proper operation are the Homeowner’s responsibility. Latch is loose or rattles Performance Standard: Hardware shall function properly, without catching binding or requiring excessive force to operate. A door or window latch or lock shall close securely and shall not be loose or rattle. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to a one-time repair during the Warranty Term. Exclusion: Some minor movement should be expected. Painted or stained doors Performance Standard: A door or window shall be painted or stained according to the manufacturers’ specifications. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to a one-time repair during the Warranty Term. De-laminated doors Performance Standard: A door that delaminates is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Damage to metal doors Performance Standard: A metal door that is dented or scratched due to construction activities is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to deficiencies noted prior to closing. Garage door fails to operate or fit properly Performance Standard: Garage doors that do not operate and fit the door opening within the manufacturer’s installation tolerances are deficiencies. Some entrance of the elements can be expected under heavy weather conditions and is not considered a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to a one-time repair during the Warranty Term. Exclusion: No adjustment is required when cause is determined to result from anyone but Builder’s or Builder’s subcontractors’ installation of an electric door opener. 999 9018181v.2 31 31 1-Year Single Family Home Warranty DEFICIENCY WORKMANSHIP STANDARDS AND EXCLUSIONS Damage to metal garage door Performance Standard: A metal garage door that is dented or scratched due to construction activities is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to deficiencies noted prior to closing. Garage door opener No coverage. Garage door spring Performance Standard: A garage door spring shall operate properly and shall not lose appreciable tension, break or be undersized. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to a one-time repair during the Warranty Term. Garage Performance Standard: A garage door shall remain in place at any open position, operate smoothly and not be off track. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to a one-time repair during the Warranty Term. Window is difficult to open or close Performance Standard: Windows that require greater opening or closing force than the manufacturer’s specifications are a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Exclusion: Normal maintenance by the Homeowner includes keeping the tracks, channels and operating mechanisms clean and lubricated. For most windows, Homeowners should use a dry silicone spray lubricant on the tracks once each year. Double hung windows do not stay in place when open Performance Standard: Double hung windows are permitted to move within a 2-inch tolerance, up or down when put in an open position. Any excessive movement exceeding the tolerance is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Condensation or frost on window frames and glass Performance Standard: No coverage. Windows and skylights will collect condensation on their interior surfaces when high humidity within the Home turns into water on the colder window or skylight surface. The Homeowner is responsible for controlling interior temperature and humidity to avoid condensation. Draperies and blinds should be left open to encourage air circulation and even temperatures during periods of cold weather and high interior humidity. Under the Warranty, no action on the part of the Builder is required. Hardware does not work properly, fails to lock or perform its intended purpose Performance Standard: Hardware finishes shall not be tarnished, blemished, corroded or stained due to construction activities, unless the finish is installed as a specialty feature. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to a one-time repair during the Warranty Term. Exclusion: The Builder is not responsible for tarnished, blemished, or stained hardware finishes that have been damaged by factors that are beyond the manufacturer’s or the Builder’s control, such as the Homeowner’s use of abrasive pads or cleaners, harsh chemicals, alcohol, organic solvents or deterioration caused by exposure to outdoor elements such as salt air or humidity. Damaged hardware Performance Standard: Hardware shall not be scratched, chipped, cracked or dented due to construction activities. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to deficiencies noted prior to closing. Loose hardware Performance Standard: Hardware shall be installed securely and shall not be loose. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to deficiencies noted prior to closing. 1000 9018181v.2 32 32 1-Year Single Family Home Warranty DEFICIENCY WORKMANSHIP STANDARDS AND EXCLUSIONS Door hardware or kick plate has tarnished No coverage. Interior iron work Performance Standard: Interior ironwork that has rusted is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Exclusion: The builder is not responsible for ironwork finishes that rust due to factors that are beyond the manufacturer’s or the Builder’s control such as the Homeowner’s use of abrasive pads or cleaners, harsh chemicals, alcohol, organic solvents or deterioration caused by exposure to humidity. Storm doors, windows and screens do not operate or fit properly Performance Standard: Storm doors, windows and screens, when installed, which do not operate or fit properly to provide the protection for which they are intended are considered deficiencies. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to a one-time repair during the Warranty Term. Exclusion: Missing screens, rips or gouges in the screen mesh are not covered by this Warranty. Plastic molding behind storm door melts from exposure to sunlight Performance Standard: The plastic moldings behind the storm doors should not melt if the storm panel is removed and reinstalled by the owner during normal maintenance operations. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to a one-time repair during the Warranty Term. Drafts around doors and windows Performance Standard: Some infiltration is usually noticeable around doors and windows especially during high winds. No daylight shall be visible around frame when window or exterior door is closed. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Exclusion: In high wind areas, the Homeowner may need to have storm windows and doors installed to eliminate drafts. Clouding and condensation on inside surfaces of insulated glass No coverage. Window or skylight leaks Performance Standard: Water leaking through or around windows or skylights as a result of improper installation is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Exclusion: Water leaks at windows or skylights resulting from Homeowner damage, extreme weather or improper Homeowner maintenance are not covered by the Warranty. Water may become visible in window tracks and sliding glass door tracks during heavy rain and should drain to the outside of the Home. Window scratches and imperfections Performance Standard: Where a viewer looks through the window in daylight without direct sunlight, a potential imperfection that is in the view plane 90° to the window surface that is detectable from a distance of over 10 feet is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to deficiencies noted prior to closing. Defective glass Performance Standard: Defects, including stress cracks or failed seals in insulated windows, are a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to a one-time repair during the Warranty Term. Broken glass or screen Performance Standard: Broken glass or screen due to construction activities are a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to deficiencies noted prior to closing. 1001 9018181v.2 33 33 1-Year Single Family Home Warranty DEFICIENCY WORKMANSHIP STANDARDS AND EXCLUSIONS FINISHES Cracks in plaster wall and ceiling surfaces Performance Standard: Hairline cracks are not unusual. Cracks in plaster wall and ceiling surfaces exceeding 1/16-inch in width are deficiencies. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Drywall cracks, texture variations Performance Standard: Hairline cracks are not unusual. Cracks in interior gypsum board or other drywall materials exceeding 1/8-inch in width are deficiencies. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Texture on blown or textured ceilings is uneven No coverage. This is a normal condition that occurs with randomly applied materials. Drywall bowed Performance Standard: A drywall surface that has a bow or depression that equals or exceeds 1/4-inch out of line within any 32-inch horizontal measurement as measured from the center of the bow or depression or 1/2-inch within any 8-foot vertical measurement is a deficiency. A ceiling made of drywall that has bows or depressions that equal or exceed 1/2-inch out of line within a 32-inch measurement as measured from the center of the bow or depression running parallel with a ceiling joist or within 1/2-inch deviation from the plane of the ceiling within any 8-foot measurement is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Drywall is crowning Performance Standard: Crowning at a drywall joint that equals or exceeds 1/4-inch within a twelve-inch measurement centered over the drywall joint is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Drywall is out of plumb, level or square Performance Standard: A drywall surface that is out of level (horizontal), plumb (vertical) or square (perpendicular at a 90-degree angle) such that there are variations in those measurements to wall or surface edges at any opening, corner, sill, shelf, etc. that equals or exceeds 3/8-inch in any 32-inch measurement along the wall or surface is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Angular gypsum wallboard joints are uneven No coverage. This is a natural condition that occurs with randomly applied materials. Nail pops, blisters, or other blemishes on finished wall or ceiling Performance Standard: Nail pops and blisters that are readily visible from a distance of 6 feet under normal lighting conditions are deficiencies. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Repairs should be completed near the end of the Warranty Term to allow for normal movement in Home. Exclusion: Depressions or slight mounds at nail heads are not considered deficiencies. Builder is not responsible for nail pops or blisters that are not visible, such as those covered by wallpaper. Cracked corner bead, excess joint compound, trowel marks or blisters in tape joints Performance Standard: Cracked or exposed corner bead, trowel marks, excess joint compound, or blisters in drywall tape are deficiencies. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to a one-time repair during the Warranty Term. Repairs should be completed near the end of the Warranty Term to allow for normal settling in the Home. Mirrors and shower doors Performance Standard: A mirror, interior glass or shower door shall not be loose and shall be securely mounted or attached to the supporting surface. Fixtures, such as towel bars or door handles, shall be securely mounted. A mirror, interior glass or shower door shall not be damaged due to construction activities. A shower door shall not leak. Imperfections in a mirror or shower door shall not be visible from a distance of 2 feet or more when viewed in normal light. When opening and closing, a shower door shall operate easily and smoothly without requiring excessive pressure. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to a one-time repair during the Warranty Term. 1002 9018181v.2 34 34 1-Year Single Family Home Warranty DEFICIENCY WORKMANSHIP STANDARDS AND EXCLUSIONS FLOORING Flagstone, marble, quarry tile, slate, or other hard surface flooring is broken or loose Performance Standard: Tile, flagstone or similar hard surfaced sanitary flooring that cracks or becomes loose is a deficiency. Subfloor and wallboard are required to be structurally sound, rigid and suitable to receive a finish. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Exclusion: Cracking or loosening of flooring caused by the Homeowner’s negligence is not a deficiency. Builder is not responsible for color and pattern variations or discontinued patterns of the manufacturer. Hollow tiles occasionally occur and are not covered by the Warranty. Hard surface color variations and imperfections No coverage. Excessive “lippage” of adjoining marble or ceramic tile Performance Standard: Lippage greater than 1/8-inch is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to deficiencies noted prior to closing. Exclusion: Irregular tiles such as limestone, adoquin and Mexican Payers are not covered by the Warranty. Cracks in grouting of ceramic tile joints or at junctions with other materials such as a bathtub, shower, or countertop No coverage. Grout or mortar joint is not a uniform color Performance Standard: Grout that changes shade or discolors excessively due to construction activities is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to deficiencies noted prior to closing. Irregular grout lines Performance Standard: Hard surface layout or grout line that are excessively irregular are deficiencies. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to deficiencies noted prior to closing. Exclusion: Natural products such as flagstone, marble, granite, slate, and other quarry tile will have size variations that may create irregular layouts or grout lines. Nail pops appear on the surface of resilient flooring Performance Standard: Readily apparent nail pops are deficiencies. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Exclusion: Builder is not responsible for discontinued patterns or color variations. Sharp objects such as high heels, table and chair legs, can cause similar problems, and are not covered by this Warranty. Depressions or ridges appear in the resilient flooring due to subfloor irregularities Performance Standard: Readily apparent depressions or ridges exceeding 1/8-inch are a deficiency. The ridge or depression measurement is taken as the gap created at one end of a 6-inch straight edge placed over the depression or ridge with 3-inches on one side of the deficiency held tightly to the floor. Responsibility: Builder shall take required action to bring the deficiency within acceptable tolerances so as to be not readily visible. Exclusion: Builder is not responsible for discontinued patterns or color variations in the floor covering, Homeowner neglect or abuse, nor installations performed by others. 1003 9018181v.2 35 35 1-Year Single Family Home Warranty DEFICIENCY WORKMANSHIP STANDARDS AND EXCLUSIONS Resilient flooring or base loses adhesion Performance Standard: Resilient flooring or base that lifts, bubbles, or becomes unglued is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Exclusion: Builder is not responsible for discontinued patterns or color variations. Seams or shrinkage gaps show at resilient flooring joints Performance Standard: Gaps in excess of 1/16-inch in width in resilient floor covering joints are deficiencies. Where dissimilar materials abut, a gap in excess of 1/8-inch is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Proper repair can be affected by sealing gap with seam sealer. Exclusion: Builder is not responsible for discontinued patterns or color variations of floor covering. Minor gaps should be expected. Vinyl flooring patterns misaligned Performance Standard: Patterns at seams between adjoining pieces that are not aligned to within 1/8-inch are deficiencies. The corners of adjoining resilient floor tiles shall be aligned to within 1/8-inch. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to deficiencies noted prior to closing. Exclusion: Misaligned patterns are not covered unless they result from improper orientation of the floor tiles. Vinyl flooring stains No coverage. Yellowing appears on surface of vinyl sheet goods No coverage. Vinyl flooring not square Performance Standard: Vinyl flooring that is not installed square to the most visible wall or that varies by 1/4-inch in any 6-foot run is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to deficiencies noted prior to closing. Cupping, open joints, or separations in wood flooring Performance Standard: Open joints or separations between floorboards of finished wood flooring that exceed 1/8-inch in width are deficiencies. Cups in strip floorboards that exceed 1/16-inch in height in a 3-inch maximum distance when measured perpendicular to the length of the board are deficiencies. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to a one-time repair during the Warranty Term. Exclusion: Wood floors are subject to shrinkage and swell due to seasonal variations in the humidity level of Home. While boards may be installed tight together, gaps or separations may appear during heating seasons or periods of low humidity. Gaps or separations that close during non-heating seasons are not considered deficiencies. The Homeowner should be familiar with the recommended care and maintenance requirements of their wood floor. Repeated wetting and drying, or wet mopping may damage wood finishes. Dimples or scratches can be caused by moving furniture or dropping heavy objects, and certain high heel style shoes may cause indentations. These conditions are not covered by the Warranty. Humps, depressions or unevenness in wood flooring Performance Standard: Wood flooring that has excessive humps, depressions or unevenness that equals or exceeds 3/8-inch in any 32-inch direction within any room is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Voids in the floor finish Performance Standard: Voids or “holidays” that are readily visible from a distance of 6 feet under normal lighting conditions are a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to deficiencies noted prior to closing. 1004 9018181v.2 36 36 1-Year Single Family Home Warranty DEFICIENCY WORKMANSHIP STANDARDS AND EXCLUSIONS Top coating on hardwood flooring has peeled Performance Standard: Field applied coating that peels during normal usage is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Exclusion: Prefinished coatings are the manufacturer’s responsibility. Crowning of strip flooring has occurred Performance Standard: Crowning in strip flooring that exceeds 1/16-inch in depth in a 3-inch maximum span when measured perpendicular to the long axis of the board is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Excessive knots and color variation of strip hardwood flooring No coverage. Hardwood flooring buckles from substrate Performance Standard: Hardwood floor that becomes loose from the substrate is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Slivers or splinters appear in strip flooring Performance Standard: Slivers or splinters that occur during the installation of the flooring are a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to deficiencies noted prior to closing. Hardwood floor staining/ shading Performance Standard: Hardwood floor staining or shading that occurs as a result of construction activities is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to deficiencies noted prior to closing. “Sticker burn” appears on surface of strip flooring Performance Standard: Discoloration from stacking strips in hardwood flooring in certain grades of flooring is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to deficiencies noted prior to closing. Excessive lippage is located at junction of prefinished wood flooring products Performance Standard: Lippage greater than 1/16-inch is considered a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Loose sub-flooring Performance Standard: Lumber shrinkage as well as temperature and humidity changes may cause loose sub-flooring. Responsibility: Builder will correct if due to a defective joint or improper flashing. Carpet does not meet at the seams Performance Standard: A visible gap or overlapping at the seam due to improper installation is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to a one-time repair during the Warranty Term. Color variations in carpet No coverage. Carpeting loosens, or the carpet stretches Performance Standard: Wall-to-wall carpeting installed as the primary floor covering that comes up, loosens, or separates from the points of attachment is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to a one-time repair during the Warranty Term. 1005 9018181v.2 37 37 1-Year Single Family Home Warranty DEFICIENCY WORKMANSHIP STANDARDS AND EXCLUSIONS Dead spots appear in padding areas below carpet surface Performance Standard: Carpeted areas that do not have full coverage of pad consistent throughout the flooring area are deficiencies. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to a one-time repair during the Warranty Term. Floor covering fades, stains or discolors No coverage. Premature wearing of carpet No coverage. Manufacturer’s warranty may apply. Cuts and gouges in any floor covering Performance Standard: Cuts and gouges in any floor covering from construction activities is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to a one-time repair during the Warranty Term. PAINT/WALL COVERING Interior caulking Performance Standard: Interior caulking that deteriorates or cracks excessively is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to a one-time repair during the Warranty Term. Paint color variation Performance Standard: Paint or stain that has excessive color, shade or sheen variation is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to deficiencies noted prior to closing. Knot and wood stains appear through paint on exterior Performance Standard: Excessive knot and wood stains that bleed through the paint are considered deficiencies. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to a one-time repair during the Warranty Term. Resin bleeds through on interior trim No coverage. This is a normal condition that can be expected to occur with natural materials such as wood. Exterior paint or stain peels or deteriorates Performance Standard: Exterior paints or stains that peel or deteriorate during the first year of ownership are deficiencies. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to a one-time repair during the Warranty Term. Exclusion: Fading, however, is normal and subject to the orientation of painted surfaces to the climactic conditions which may prevail in the area. Fading is not a deficiency. Interior paint or stain deteriorates Performance Standard: Interior paints or stains that peel or deteriorate during the first year of ownership are deficiencies. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to a one-time repair during the Warranty Term. Exclusion: Fading, however, is normal and subject to the orientation of painted surfaces to the climactic conditions which may prevail in the area. Fading is not a deficiency. 1006 9018181v.2 38 38 1-Year Single Family Home Warranty Mildew or fungus forms on painted or factory finished surfaces DEFICIENCY WORKMANSHIP STANDARDS AND EXCLUSIONS Painting required as corollary repair because of other work Performance Standard: Repainting, staining or refinishing may be required because of repair work. Repairs required under the Warranty should be finished to match the immediate surrounding areas as closely as practical. Due to fading and normal weathering, a perfect match cannot be achieved and a perfect match is not covered by the Warranty. Where repairs affect more than 50% of a wall or ceiling area, the Builder will repaint the entire wall or ceiling surface from corner to corner. Where custom paints and wall coverings have been installed, the Builder will not warrant the match of any necessary repairs. All blemishes should be noted and repaired prior to custom paints and wall coverings being applied. Mildew or fungus forms on painted or factory finished surfaces No coverage. Deterioration of varnish or lacquer finishes on exterior surfaces No coverage. Clear finishes on exterior surfaces, such as wood entry doors, diminish with aging and should be reapplied as part of routine Homeowner maintenance every 18 months, depending on outside exposure. Deterioration of varnish or lacquer finishes on interior surfaces Performance Standard: Clear finishes used on exterior surfaces may deteriorate rapidly. This is beyond the control of the Builder. Clear finishes on interior woodwork that deteriorate during the first year of the warranty period are a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Exclusion: Deterioration more than one year after closing is excluded. Damaged interior surfaces Performance Standard: Interior painted, varnished or finished surfaces that are dented, nicked or gouged due to construction activities are a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to deficiencies noted prior to closing. Interior paint coverage Performance Standard: Wall, ceiling, and trim surfaces that are painted that show through new paint when viewed from a distance of 6 feet under normal lighting conditions are a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to deficiencies noted prior to closing. Visible brush marks on interior paint No coverage. Visible lap marks on interior paint No coverage. Paint splatters and smears on finish surfaces Performance Standard: Paint splatters on walls, woodwork, or other surfaces which are excessive, that are readily visible when viewed from a distance of 6 feet under normal lighting conditions are deficiencies. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to deficiencies noted prior to closing. Exclusion: Minor paint splatter and smears on impervious surfaces than can be easily removed by normal cleaning methods are considered to be the Homeowner’s maintenance and are not deficiencies. Peeling of wallcovering installed by Builder Performance Standard: Peeling of wallcovering is a deficiency, unless it is due to the Homeowner’s abuse or negligence. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to a one-time repair during the Warranty Term. Exclusion: Builder is not responsible for wallpaper installed by Purchaser. Homeowner is responsible for maintaining adequate ventilation in areas of high humidity, such as kitchens and bathrooms. 1007 9018181v.2 39 39 1-Year Single Family Home Warranty DEFICIENCY WORKMANSHIP STANDARDS AND EXCLUSIONS Separated seams in wallpaper Performance Standard: Builder will correct if wall surface is readily visible. Minor imperfections can be expected. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to a one-time repair during the Warranty Term. Pattern in wallcovering is mismatched at the edges Performance Standard: Patterns in wallcovering that do not match at the edges are a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to deficiencies noted prior to closing. Exclusion: Builder is not responsible for discontinued or variations in color. Defects in the wallcovering patterns are the manufacturer’s responsibility, and excluded from Warranty coverage. Lumps and ridges and nail pops in wallboard that appear after the Homeowner has wallcovering installed by others No coverage. Stained, discolored or spotted wall coverings Performance Standard: Stained, discolored or spotted wall coverings from construction activities are a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to deficiencies noted prior to closing. Scratched, gouged, cut or torn wall covering Performance Standard: Scratched, gouged, cut or torn wall covering from construction activities is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to deficiencies noted prior to closing. CHIMNEY/FIREPLACE Fireplace or chimney does not draw properly causing smoke to enter Home Performance Standard: A properly designed and constructed fireplace or chimney shall function correctly. High winds can cause temporary negative or down drafts. Negative drafts can also be caused by obstructions such as tree branches, steep hillsides, adjoining homes, and interior furnaces. In some cases, it may be necessary to open a window slightly to create an effective draft. Since negative draft conditions could be temporary, it is necessary for the Homeowner to substantiate the problems to the Builder by constructing a fire so the condition can be observed. Responsibility: When it is determined that the malfunction is based upon improper construction of the fireplace, the Builder shall take the necessary steps to correct the problem. Exclusion: When it is determined that the fireplace is properly designed and constructed, but still malfunctions due to natural causes beyond Builder’s control, Builder is not responsible. Chimney separation from structure to which it is attached Performance Standard: Newly built fireplaces will often incur slight amounts of separation. Separation that exceeds 1/2-inch from the main structure in any 10-foot vertical measurement is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Caulking or grouting is acceptable unless the cause of the separation is due to Structural Failure of the chimney foundation. In that case, caulking is unacceptable. Firebox color is changed; accumulation of residue in chimney or flue No coverage. 1008 9018181v.2 40 40 1-Year Single Family Home Warranty DEFICIENCY WORKMANSHIP STANDARDS AND EXCLUSIONS Water infiltration into firebox from flue No coverage. It is common for water infiltration to occur into the firebox from the flue. A certain amount of rainwater can be expected under certain conditions. New chimney flashing leaks Performance Standard: New chimney flashing that leaks under normal conditions is a deficiency except where the cause is determined to result from ice build-up or the owner’s actions or negligence. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Crack in masonry chimney cap or crown causes leakage Performance Standard: It is normal for caps to crack due to expansion and contraction, however where leaks occur with cracking it is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Firebox lining damaged by fire No coverage. Heat and flames may cause discoloration. Pre-fab gas fireplace No coverage. Cracks in masonry hearth or facing Performance Standard: Small hairline cracks in mortar joints resulting from shrinkage are not unusual. Cracks in stone or brick hearth or facing greater than 1/4-inch in width are deficiencies. Responsibility: Builder will repair cracks exceeding standard by pointing or patching. Builder is not responsible for color variations between existing and new mortar. Exclusion: Heat and flames from normal fires can cause cracking or firebrick and mortar joints. This should be expected, and is not covered by the Warranty. Brick veneer spalling from chimney surface Performance Standard: Spalling of newly manufactured brick is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Firebrick or mortar joint cracks No coverage. Heat and flames from normal fires can cause cracking. CABINETS & COUNTERTOPS Kitchen and vanity cabinet doors and drawers bind Performance Standard: Cabinet doors and drawers that do not easily open or close are a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to a one-time repair during the Warranty Term. Warping of kitchen and vanity cabinet doors and drawer fronts Performance Standard: Warpage that exceeds 1/4-inch as measured from the face of the cabinet frame to the furthermost point of warpage on the drawer or door front in a closed position is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Gaps between cabinets, ceiling and walls Performance Standard: Countertops, splash boards, base and wall cabinets are to be securely mounted. Gaps in excess of 1/4-inch between wall and ceiling surfaces are a deficiency. Responsibility: Builder shall make necessary adjustment of cabinets and countertop or close gap by means of molding suitable to match the cabinet or countertop finish, or as closely as possible; or other acceptable means, including caulking, putty, scribe molding or by repositioning the cabinets. Cabinets do not line up with each other Performance Standard: Cabinet faces more than 1/8-inch out of line, and cabinet corners more than 3/16-inch out of line, are a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. 1009 9018181v.2 41 41 1-Year Single Family Home Warranty DEFICIENCY WORKMANSHIP STANDARDS AND EXCLUSIONS Surface cracks and delaminations in high pressure laminates of vanity and kitchen cabinet countertops Performance Standard: Countertops fabricated with high pressure laminate coverings that delaminate or have surface cracks or joints exceeding 1/16-inch between sheets are considered deficiencies. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Cabinet door will not stay closed Performance Standard: Cabinets that do not hold the door in a closed position are a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Wood cabinet finish variations No coverage. All wood in any finish will exhibit color changes when exposed to light. All wood cabinets are constructed using different pieces of wood, and each piece will differ in color as well as change color in different ways. This color change is caused by variations in the minerals and acids from the soil and other conditions created by the growth environment of a tree. These variations in graining and color are characteristics of a natural wood cabinet are not considered defects. Wood has these variations, and these variations are not covered by the Warranty. Crack in door panel Performance Standard: Cracks in cabinet door panels due to construction activities are a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to deficiencies noted prior to closing. Chips, cracks, scratches on countertop, cabinet, fixture, fitting or appliance Performance Standard: Chips, cracks, scratches on countertop, cabinet, fixture, fitting or appliance due to construction activities are a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to deficiencies noted prior to closing. Manufactured marble vanity top cracks at drain Performance Standard: Vanity tops that crack due to construction activities are a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to deficiencies noted prior to closing. Damaged solid surface tops Performance Standard: Solid surface countertops shall be free of scratches that are visible from a distance of 6 feet in normal lighting conditions at time of acceptance of the project. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to deficiencies noted prior to closing. Concrete countertops Performance Standard: (1) A concrete countertop with excessive pits, depressions, or unevenness that equal or exceed 1/8-inch in any 32-inch measurement is a deficiency. (2) A concrete countertop with separations or cracks equal to or exceeding 1/16-inch in width or 1/64-inch in vertical displacement is a deficiency. (3) A finished concrete countertop that is stained, spotted or scratched due to construction activities is a deficiency. (4) A concrete countertop with a chipped edge that extends beyond 1/16-inch from the edge of the countertop due to construction activities is a deficiency. (5) A concrete countertop that changes shade or discolors excessively due to construction activities is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to deficiencies noted prior to closing. Countertop not level Performance Standard: Hard surface countertops that are not level to within 1/4-inch in any 6-foot measurement are deficiencies. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to deficiencies noted prior to closing. 1010 9018181v.2 42 42 1-Year Single Family Home Warranty DEFICIENCY WORKMANSHIP STANDARDS AND EXCLUSIONS APPLIANCES Defective fixture, fitting or appliance Performance Standard: Kitchen, laundry and bar appliances that fail to function per the manufacturer’s specifications will be addressed by the manufacturer under the manufacturer’s warranty. Chipped or scratched appliances Performance Standard: Scratched or chipped finishes on porcelain, glass or other surfaces on laundry, kitchen or bar appliances due to construction activities are a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to deficiencies noted prior to closing. PLUMBING Faucet or valve leak Performance Standard: A valve or faucet leak due to material or workmanship is a deficiency and is covered only during the first year of the Warranty Term. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Exclusion: Leakage caused by worn or defective washers or seals is a Homeowner maintenance item. Defective plumbing fixtures, appliances or trim fittings No coverage. Defective plumbing fixtures, appliances, and trim fittings are covered under the manufacturer’s warranty. Staining of plumbing fixtures No coverage. High iron and manganese content in the water supply system will cause staining of plumbing fixtures. Maintenance and treatment of the water is the Homeowner’s responsibility. Corroded fixtures No coverage. Loose fixtures Performance Standard: Fixtures that are loose are a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Toilet standards Performance Standard: Toilet equipment that allows water to run continuously is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to a one-time repair during the Warranty Term. If toilet equipment allows water to run continuously, the Homeowner shall shut off the water supply or take such action as is necessary to avoid damage to the Home. DECKS No coverage. PEST CONTROL No coverage. POOLS No coverage. 1011 9018181v.2 43 43 1-Year Single Family Home Warranty DEFICIENCY WORKMANSHIP STANDARDS AND EXCLUSIONS Noisy water pipes Performance Standard: Some noise can be expected from the water pipe system, due to the flow of water. However, the supply pipes should not make the pounding noise called “water hammer.” “Water hammer” is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to a one-time repair during the Warranty Term. Exclusion: Noises due to water flow and pipe expansion are not considered deficiencies. The bathtub or shower leaks Performance Standard: Bathtubs and showers that leak are a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Proper repair can be affected by sealing area around tubs and showers. Exclusion: Maintenance of caulk seals is a Homeowner responsibility. Bathtub or shower squeaks No coverage. Shower enclosure flexes Performance Standard: Excessive flexing in a shower base occurs when the drain assembly moves up or down with normal weight is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to a one-time repair during the first year of the Warranty Term. Exclusion: Composite shower walls will flex when pushed inward. Such flexing is not considered a defect. Sewer odors No coverage. Blocked vent stack No coverage. Water heater Performance Standard: A water heater that is not installed and secured according to the manufacturer’s specifications and the Building Code is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Waste disposal unit Performance Standard: A waste disposal unit that is not installed and operating according to the manufacturer’s specifications is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Decorative gas appliance Performance Standard: A decorative gas appliance that is not installed in accordance with manufacturer’s specifications is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Fixture stopper Performance Standard: A fixture stopper that does not retain water in accordance with the manufacturer’s specifications is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. 1012 9018181v.2 44 44 1-Year Single Family Home Warranty DEFICIENCY WORKMANSHIP STANDARDS AND EXCLUSIONS MECHANICAL Exterior compressor unit pad No coverage. Back draft dampers Performance Standard: Back draft dampers that are not installed according to the manufacturer’s specifications are a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Inadequate heat Performance Standard: A heating system shall be capable of producing an inside temperature of at least 70-degrees Fahrenheit as measured in the center of the room at a height of 5 feet above the floor under local outdoor winter design conditions. NOTE FOR HEATING: There may be periods when the outdoor temperature falls below the design temperature, thereby lowering the temperature in Home. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Exclusion: Orientation of Home and location of room will also provide a temperature differential, especially when the air-conditioning or heating system is controlled by a single thermostat for one or more floor levels. Homeowner is responsible for balancing dampers and registers and for making other necessary minor adjustments. Inadequate cooling Performance Standard: When air conditioning is provided, the cooling system is to be capable of maintaining a temperature of 78-degrees Fahrenheit as measured in the center of each room at height of 5 feet above the floor, under local outdoor summer design conditions. NOTE FOR AIR CONDITIONING: In the case of outside temperatures exceeding 95-degrees Fahrenheit, the system shall keep the inside temperature 15-degrees cooler than the outside temperature. National, state, or local requirements shall supersede this guideline where such requirements have been adopted by the local governing agency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Exclusion: Orientation of Home location of room will also provide a temperature differential, especially when the air conditioning system is controlled by a single thermostat for one or more levels. The Homeowner is responsible for balancing dampers and registers and for making other necessary minor adjustments. Refrigerant lines leak Performance Standard: Builder-installed refrigerant lines or ground loop pipes that develop leaks during normal operation are deficiencies. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Exclusion: Leaks due to Homeowner’s actions or negligence are excluded. Refrigerant line insulation Performance Standard: Insulation that does not completely encase the refrigerant line according to Code is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to a one-time repair during the Warranty Term. Exclusion: The Homeowner shall ensure that insulation on the refrigerant line is not damaged or cut due to Home maintenance or landscape work. Ductwork and heating piping not insulated in uninsulated area Performance Standard: Ductwork and heating pipes that are run in uninsulated crawl spaces, garages or attics that are not insulated are deficiencies. Basements are not “uninsulated areas,” and no insulation is required. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Condensate lines clog up No coverage. Condensate lines will clog under normal conditions. The Homeowner is responsible for continued operation of drain lines. 1013 9018181v.2 45 45 1-Year Single Family Home Warranty DEFICIENCY WORKMANSHIP STANDARDS AND EXCLUSIONS Drip pan Performance Standard: A drip pan and drain line that is not installed under a horizontal air handler as per the Code is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Exclusion: The Homeowner shall periodically check for the free flow of condensate (water) from the line and clear the line when necessary. Improper mechanical operation of evaporative cooling system Performance Standard: Equipment that does not function properly at temperature standard set is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to deficiencies noted prior to closing. Ductwork makes noises No coverage. When metal is heated, it expands, and when cooled, it contracts. The resulting “ticking” or “cracking” sounds generally are to be expected and are not deficiencies. Ductwork makes excessively loud noises known as “oil canning” Performance Standard: The stiffening of the ductwork and the gauge of metal used shall be such that ducts do not “oil can.” The booming noise caused by oil canning is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to a one-time repair during the Warranty Term. Ductwork separates, becomes unattached Performance Standard: Ductwork that is not intact or securely fastened is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Vibration from heating or cooling equipment Performance Standard: No coverage. It is normal for heating/air-conditioning equipment to generate some noise and vibration. Metal rattling at register, grills or ducts Performance Standard: Air moving through registers, grills and ducts makes noise and is normal. Duct systems are not designed to be noise-free. However, metal rattling from the registers, grills or ducts is considered a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to a one-time repair during the Warranty Term. Exclusion: Under certain conditions, some noise may be experienced with the normal flow of air when product is installed correctly. Vent, grill or register operation Performance Standard: A vent, grill or register that does not operate easily and smoothly when applying normal operating pressure is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. There are gaps between HVAC vent or register covers and the wall or ceiling No coverage. This is a normal condition beyond the contractor’s control. Condensation on the outside of air handlers and ducts No coverage. Air handlers and ducts will collect condensation on their exterior surfaces when extreme temperature differences and high humidity levels occur. Condensation usually results from humid conditions within the Home that are created by the owner or during the curing process in a new space. 1014 9018181v.2 46 46 1-Year Single Family Home Warranty DEFICIENCY WORKMANSHIP STANDARDS AND EXCLUSIONS ELECTRICAL Chipped, cracked, dented or scratched fixture or trim plate Performance Standard: Chipped, cracked, dented or scratched fixture or trim plate due to construction activity is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to deficiencies noted prior to closing. Tarnished fixture or trim plate No coverage. Box or trim plate is not plumb or level Performance Standard: A fixture, electrical box or trim plate that is not installed in accordance with the Code or is not plumb and level is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to deficiencies noted prior to closing. Smoke detector No coverage. Exhaust fan Performance Standard: An exhaust fan that does not operate within the manufacturer’s specified noise level is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to a one-time repair during the Warranty Term. Ceiling fan vibrates No coverage. Electrical wiring Performance Standard: Electrical wiring installed inside the Home that is not installed in accordance with the Code and any other applicable electrical standards is a deficiency. Electrical wiring that is not capable of carrying the designated load as set forth in the Code is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Exclusion: The Builder shall not be responsible for utility improvements from the meter/demarcation point to the utility poles or the transformer. All electrical equipment shall be used for the purposes and/or capacities for which it was designed and in accordance with manufacturer’s specifications. Electrical panel, breakers and fuses Performance Standard: An electrical panel and breakers that do not have sufficient capacity to provide electrical service to the Home during normal residential usage are deficiencies. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Exclusion: The Builder is not responsible for electrical service interruptions caused by external conditions such as power surges, circuit overloads and electrical shorts. Fuses blow, or circuit breakers kick out Performance Standard: Fuses and circuit breakers that deactivate under normal usages, when reset or replaced are deficiencies. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Ground fault interrupter trips frequently Performance Standard: Any GFCI device that fails to reset is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Exclusion: The Homeowner is responsible for repairing any device that causes the GFCI to trip. Fixtures, outlets, doorbells and switches Performance Standard: Fixtures, outlets, doorbells and switches that are not installed according to manufacturer’s specifications are a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. 1015 9018181v.2 47 47 1-Year Single Family Home Warranty DEFICIENCY WORKMANSHIP STANDARDS AND EXCLUSIONS Wiring for cable television, telephone or internet Performance Standard: Wiring for cable television, telephone or internet that is not installed according to the manufacturer’s specifications is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Malfunction of low-voltage wiring system Performance Standard: Low-voltage wiring system malfunction is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Communication wiring No coverage. Drafts from electrical outlets No coverage. The electrical junction box on exterior walls may produce a slight air flow whereby the cold air can be drawn through the outlet into a room. This problem is normal in new Home construction. Malfunction of electrical outlets, switches or fixtures Performance Standard: All switches, fixtures and outlets which do not operate as intended are considered deficiencies. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to a one-time repair during the Warranty Term. Receptacle/switch too far off wall Performance Standard: A receptacle/switch that is more than 1/8-inch from the adjoining wall surface is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Builder’s responsibility is limited to deficiencies noted prior to closing. Light fixture tarnishes No coverage. Finishes on light fixtures may be covered under their manufacturer’s warranty. 1016 9018181v.2 48 48 1-Year Single Family Home Warranty DEFICIENCY SYSTEMS STANDARDS AND EXCLUSIONS MECHANICAL SYSTEMS Septic systems fail to operate properly Performance Standard: Septic system should be capable of properly handling normal flow of household effluent. Responsibility: Builder shall take corrective action if it is determined that malfunction is due to a deficiency in workmanship, materials, or failure to construct system in accordance with state, county, or local requirements. Builder is not responsible for malfunctions or limitations in the operation of the system attributable to design restrictions imposed by state, county, or local governing agencies. Builder is also not responsible for malfunctions which occur or are caused by conditions beyond Builder’s control, including Homeowner negligence, abuse, freezing, soil saturation, changes in ground water table, or other acts of nature. Exclusion: The Homeowner is responsible for periodic pumping of the septic tank and a normal need for pumping is not a deficiency. The following are considered for the Homeowner’s negligence or abuse as exclusion under the Warranty: a) excessive use of water such as overuse of washing machine and dishwasher, including their simultaneous use; b) connection of sump pump, roof drains or backwash from water conditioner, to the system; c) placing of non-biodegradable items in the system; d) addition of harsh chemicals, greases or cleaning agents, and excessive amounts of bleaches or drain cleaners; e) use of a food waste disposer not supplied by Builder; f) placement of impervious surfaces over the disposal area; g) allowing vehicles to drive or park over the disposal area; h) failure to periodically pump out the septic tank when required. Sewage pumps are excluded under the Warranty. Water in plumbing pipes freezes, and the pipes burst Performance Standard: Drain, waste, vent and water pipes shall be adequately protected to prevent freezing and bursting during normally anticipated cold weather. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Exclusion: Burst pipes due to Homeowner’s neglect and resultant damage are not Builder’s responsibility. Homeowner is responsible for draining exterior faucets, and maintaining suitable temperature in the Home to prevent water in pipes from freezing. During periods when the outdoor temperature falls below the design temperature, Homeowner is responsible for draining or protecting pipes. Homes which are periodically occupied, such as summer homes, or where there will be no occupancy for an extended period of time, must be properly winterized or periodically checked to insure that a reasonable temperature is maintained. Leakage from any piping Performance Standard: Leaks in any waste, vent and water piping are deficiencies. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Exclusion: Condensation on piping does not constitute leakage, and is not a deficiency, except where pipe insulation is required. The Homeowner shall shut off water supply immediately if such is required to prevent further damage to the Home. Sanitary sewers, fixtures, waste or drain lines are clogged Performance Standard: The Builder is not responsible for sewers, fixtures or drains that are clogged because of Homeowner’s actions or negligence. Sanitary sewers, fixtures, waste or drain lines that do not operate or drain properly due to improper construction are deficiencies. Responsibility: When defective construction is shown to be the cause, Builder shall make necessary repairs. If Homeowners’ actions or negligence is the cause, the Homeowner is responsible for correcting the problem. Homeowner is liable for the entire cost of any sewer and drain cleaning service provided by Builder where clogged drains are caused by Homeowner’s actions or negligence. Exclusion: Builder is not responsible for sewer lines that extend beyond the property lines on which the Home is constructed. 1017 9018181v.2 49 49 1-Year Single Family Home Warranty DEFICIENCY SYSTEMS STANDARDS AND EXCLUSIONS Water supply system fails to deliver water Performance Standard: All service connections to municipal water main or private water supply are Builder’s responsibility when installed by Builder. Responsibility: Builder shall repair as required if failure to supply water is the result of deficiency in workmanship or materials. Exclusion: If conditions exist which disrupt or eliminate the sources of water supply that are beyond Builder’s control, then Builder is not responsible. In ground wells No coverage. Sump pump Performance Standard: A sump pump that is not installed according to the manufacturer’s specifications is a deficiency. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Exclusion: The Homeowner is responsible for maintaining the sump pump. ELECTRICAL SYSTEMS Failure of wiring to carry its designed load Performance Standard: Wiring that is not capable of carrying the designated load, for normal residential use to switches, receptacles and equipment, is a deficiency. Responsibility: Builder shall check wiring and replace if it fails to carry the design load. 1018 9018181v.2 50 50 1-Year Single Family Home Warranty DEFICIENCY STRUCTURAL STANDARDS AND EXCLUSIONS STRUCTURAL The foundation is out of level Performance Standard: Slab foundations should not move differentially after they are constructed, such that a tilt or deflection in the slab in excess of the standards defined below arises from post-construction movement. The protocol and standards for evaluating slab foundations shall follow the “Guidelines for the Evaluation and Repair of Residential Foundations” as published by the Texas Section of the American Society of Civil Engineers (2002), hereinafter referred to as the “ASCE Guidelines” with the following modifications: (1) Overall deflection from the original construction elevations shall be no greater than the overall length over which the deflection occurs divided by 360 (L/360) and must not have more than one associated symptom of distress, as described in Section 5 of the ASCE Guidelines, that results in actual observable physical damage to the Home. (2) The slab shall not deflect after construction in a tilting mode in excess of one percent from the original construction elevations resulting in actual observable physical damage to the components of the Home. If measurements and associated symptoms of distress show that a slab foundation does not meet the deflection or tilt standards stated in this Standard, a third-party inspector’s recommendation shall be based on the appropriate remedial measures as described in Section 7 of the ASCE Guidelines. Crack in concrete footing Performance Standard: Cracks greater than 1/4-inch in width are considered deficiencies. Responsibility: Builder shall take corrective action necessary to comply with the Standard. Pier and beam foundations Floor over pier and beam foundations. (A) A floor over pier and beam foundation shall not deflect more than L/360 from its original construction elevations and have that movement create actual observable physical damage to the components of the Home identifiable in Section 5.3 of the ASCE Guidelines. (B) If a floor over pier and beam foundation deflects more than L/360 from its original construction elevation and the movement has created actual observable physical damage to the components of a home identifiable in Section 5.3 of the ASCE Guidelines, a third-party inspector’s recommendation shall be based on applicable remedial measures as described in Section 7 of the ASCE Guidelines. Cracked or bowed structural components Structural components. (A) A defined structural component shall not crack, bow, become distorted or deteriorate, such that it compromises the structural integrity of a home or the performance of a structural system of the Home resulting in actual observable physical damage to a component of the Home. (B) If a structural component of a home cracks, bows, is distorted or deteriorates such that it results in actual observable physical damage to a component of the Home, the Builder shall take such action as is necessary to repair, reinforce or replace such structural component to restore the structural integrity of the Home or the performance of the affected structural system. Deflected structural components Deflected structural components. (A) A structural component shall not deflect more than the ratios allowed by the Code. (B) If a structural component of the Home is deflected more than the ratios allowed by the Code, the Builder shall repair, reinforce or replace such structural component to restore the structural integrity of the Home or the performance of the affected structural system. Damaged structural components Damaged structural components. (A) A structural component shall not be so damaged that it compromises the structural integrity or performance of the affected structural system. (B) If a structural component is so damaged that it compromises the structural integrity or performance of a structural system of the Home, the Builder shall take such action as is necessary to repair, reinforce or replace such structural component to restore the structural integrity of the Home or the performance of the affected structural system. Separated structural components Separated structural components. (A) A structural component shall not separate from a supporting member more than 3/4-inch or such that it compromises the structural integrity or performance of the system. (B) If a structural component is separated from a supporting member more than 3/4-inch or separated such that it compromises the structural integrity or performance of a structural system of the Home, the Builder shall take such action as necessary to repair, reinforce or replace such structural component to re-establish the connection between the structural component and the supporting member, to restore the structural integrity of the Home and the performance of the affected structural system. Non-performing structural components Non-performing structural components. (A) A structural component shall function as required by the Code. (B) If a structural component does not function as required by the Code, the Builder shall take such action as is necessary to bring the variance within the standard stated in subparagraph (A) of this paragraph. 1019 9018181v.2 51 1-Year Single Family Home Warranty Mail to: Lennar Customer Care Office 8895 N. Military Trail, Suite 101-B Palm Beach Gardens, FL 33410 NOTICE OF CLAIM FORM FOR LENNAR LIMITED WARRANTY COVERAGE Workmanship/Systems Claims Only Please read the Lennar Warranty Booklet for filing instructions and pertinent information. YOUR NAME ADDRESS OF COMPLAINT (street) (city) (state) (zip) HOME PHONE ( ) BUSINESS PHONE ( ) EFFECTIVE DATE OF WARRANTY / / (month) (day) (year) (date of closing or first occupancy) NATURE OF DEFECT (BE SPECIFIC) DATE DEFECT FIRST OBSERVED / / (month) (day) (year) DATE FIRST REPORTED TO LENNAR / / (month) (day) (year) Attach any copies of relevant correspondence between you and Lennar or any third party involving this claim. Homeowner signature Homeowner signature date date CHECK ONE (if applicable) 1. FHA 2. FHA 3. RHS Case # If you are the original owner, and your Home is please provide the following: Name of Mortgage Company Address of Mortgage Company 1020 9018181v.2 52 1-Year Single Family Home Warranty Mail to: Lennar Customer Care Office 8895 N. Military Trail, Suite 101-B Palm Beach Gardens, FL 33410 NOTICE OF CLAIM FORM FOR LENNAR LIMITED WARRANTY COVERAGE Structural Claims Only Please read the Lennar Warranty Booklet for filing instructions and pertinent information. YOUR NAME ADDRESS OF COMPLAINT (street) (city) (state) (zip) HOME PHONE ( ) BUSINESS PHONE ( ) EFFECTIVE DATE OF WARRANTY / / (month) (day) (year) (date of closing or first occupancy) Please note that the Lennar Limited Warranty provides Limited Structural Warranty Coverage which is subject to exclusions and conditions. You are encouraged to review the Structural Performance Standards of your Warranty and the list of structural components that are covered and not covered by the Structural Performance Standards. Please answer the following questions: 1. Have you reviewed the Structural Performance Standards and list of covered and non- covered components in your Warranty? 2. Do you believe that you have a covered Structural claim under the terms Yes No of the Structural Performance Standards in your Warranty? Yes No NATURE OF DEFECT (BE SPECIFIC) DATE DEFECT FIRST OBSERVED / / (month) (day) (year) DATE FIRST REPORTED TO LENNAR / / (month) (day) (year) Attach any copies of relevant correspondence between you and Lennar or any third party involving this claim. Homeowner signature Homeowner signature date date CHECK ONE (if applicable) 1. FHA 2. FHA 3. RHS Case # If you are the original owner, and your Home is please provide the following: Name of Mortgage Company Address of Mortgage Company 1021 PURCHASE AND DEVELOPMENT AGREEMENT TERM SHEET Proposed Terms of Agreement for Project Services Between the Boynton Beach Community Redevelopment Agency (“CRA”) and Lennar Homes, LLC (“Lennar”) I. Terms & Conditions Purchase Price: $350,000 Lot Addresses: 135 NE 3rd Avenue 407 NE 1st Avenue 524 NW 3rd Avenue 507 NW 12th Avenue Lot 348 NW 11th Avenue Initial Deposit: $10,000 8 days after Purchase and Development Agreement Effective Date Second Deposit: $25,000 8 days after Investigation Period ends Closing Date: 15 days after Lennar’s receipt of all approvals, but no later than 6 months after expiration of the Investigation Period Prorated Taxes: Taxes prorated as of the Closing Date Development Costs: Lennar to self-finance all development costs (construction, permit fees, processing fees, etc.) Seller Costs: BBCRA to pay for: • State documentary stamps; • Surtaxes; • Recording fees for the release of encumbrances and corrective title instruments; • Rollback/deferred taxes; • Title insurance underwriter searches; and • Any costs to cure title defect Buyer Costs: Lennar to pay for costs associated with: • Title Commitment; and • Title Policy. Title Agent: Escrow Agent shall act as title and closing agent Real Estate Broker: No real estate broker II. Project Homes: 7 Homes 1022 4906-0119-2102, v. 2 Lot Split: 2 lots will be split (at least 50’ wide) 4 months to split lots: 135 NE 3rd Avenue 507 NW 12th Avenue Warranty: One-year limited warranty Covers workmanship, systems, and structural elements Deed Restriction: 15-year deed restriction for affordability Sale of Homes: Lottery-based selection process Mirrors Palm Beach County Workforce Housing Program Updates: Lennar will provide written report once every three months Lennar will promptly reply to any questions from the Board Marketing: Lennar will market to Boynton Beach residents first III. Purchase and Development Agreement Initial Draft: May 7th Submission Drafted by BBCRA Counsel Final Agreement: 60 days after Initial Draft Investigation Period: 60 days from effective date of P&D Agreement Lennar right to terminate and receive Initial Deposit Due Diligence Period: 60-90 days Building Permits: Lennar willing to apply while obtaining lot-split approval Cert. of Occupancy: 7 months after Lennar receives all approvals Corporate Approval: Written approval from Investment Committee of Lennar Corporation IV. Home Specifications Landscaping: Bahia Sod Native Plants Exterior Lighting: Garage sconces Fencing: 6ft PVC privacy fence for a purchase price credit of $6,000/home Driveways: Concrete with Fibermesh Columbus Plan: Lot 3 Moderate 2 income (PBC AMI) 1,874 square feet (2-story) 4 bed/2.5 bath 2 car garage, appliances, impact windows, lanai 1023 4906-0119-2102, v. 2 Belmont Plan: All lots, except Lot 3 1 unit at low income (PBC AMI); 4 units at Moderate 1 PBC AMI) 1,504 square feet (1 story) 3 bed/2 bath 2 car garage, appliances, impact windows, lanai 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: May 12, 2026 OLD BUSINESS AGENDA ITEM 14.C SUBJECT: Consideration of the Amendment No. 2 to the Agreement for On-Demand Transportation Service with Circuit Transit Inc. SUMMARY: On January 18, 2024, the CRA Board approved the contract with Circuit Transit, Inc (Circuit), for the CRA pilot ride share program which will provides all-electric on-demand transportation services (see Attachment I). Following the Board's approval at the January 18th meeting, the CRA and City of Boynton Beach entered into an Interlocal Agreement (ILA) which was approved at their February 13, 2024, and March 5, 2024, meetings respectively. The ILA is in place in order to provide dedicated parking locations, electrical service for the charging, ride share service to the Ocean Front Beach Park and potential fixed route ride share service for City Events. The ILA also serves as the tool to allow the City to fund any service outside of the CRA boundaries and allow reimbursement of EV charging costs. On March 23, 2024, at the CRA's Spring Market event, the rideshare service launched as the Coastal Cruiser. At the January 14, 2025 meeting, the CRA Board consensus was to extend the contract beyond the one-year pilot program and continue service as it currently operates. Attachment II is Amendment No. 1 to the Agreement for On-Demand Transportation Service with Circuit Transit Inc. The Amendment extends the rideshare service for one year with two options to extend for one year. On February 10, 2026, the CRA Board exercised its first option to extend for one year from March 5, 2026 - March 4, 2027, at the same prices, terms and conditions a set forth in the Agreement. Attachment III is the Notice of Renewal. On April 24, 2026, CRA staff received a letter from Circuit requesting a cost increase per Section 4 of the Agreement. Circuit is requesting a 5% price adjustment. This is the first price increase since service launched in 2024 (see Attachment IV). CRA legal has prepared Amendment No. 2 which summarizes the request (see Attachment V). If approved, the hourly operation cost increases from $34.97/hr to $36.02 for the GEM vehicles and from $38.27/hr to $39.42/hr for the sedans. The current CRA budget can accommodate the increase without any budget adjustments. 1035 •Attachment I - Fully Executed Agreement with Circuit Inc. •Attachment II - Amendment No. 1 •Attachment III - 2026 Renewal Letter •Attachment IV - April 24, 2026 Circuit Letter •Attachment V - Amendment No. 2 Staff, legal counsel and a representative from Circuit will be in attendance to answer any questions. FISCAL IMPACT: FY 2025-2026 Budget, Project Fund, Line Item 02-58500-470, $450,000 for Circuit Contract CRA BOARD OPTIONS: 1. Approve the Renewal Letter to Amendment No. 2 to the Agreement for On-Demand Transportations Service with Circuit Transit Inc. 2. Do not approve the Renewal Letter to Amendment No. 2 to the Agreement for On- Demand Transportations Service with Circuit Transit Inc. 3. Other options as determined by the Board. ATTACHMENTS: Description 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 ATTACHMENT 1 AGREEMENT FOR ON-DEMAND TRANSPORTATION SERVICE by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY and CIRCUIT TRANSIT, INC. 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 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 1078 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: 1079 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”. 1080 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 1081 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. 1082 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 1083 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”. 1084 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 1085 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. 1086 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 1087 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. 1088 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. 1089 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 1090 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. 1091 City-Wide Micro-Transit Services 15 of 18 EXHIBIT B – RFP-045-23-SK - Citywide Micro-Transit Services 1092 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 1093 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 1094 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 1095 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 1096 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. 1097 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. 1098 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. 1099 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. 1100 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: 1101 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. 1102 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. 1103 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, 1104 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. 1105 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. 1106 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. 1107 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. 1108 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) 1109 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) 1110 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) 1111 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). 1112 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. 1113 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 1114 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 1115 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. 1116 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. 1117 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. 1118 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: 1119 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. 1120 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. 1121 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 1122 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 1123 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. 1124 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. 1125 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 1126 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. 1127 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 1128 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 1129 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 1130 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. 1131 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; 1132 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. 1133 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 1134 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. 1135 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 1136 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 1137 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 1138 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. 1139 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. 1140 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 1141 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 1142 City-Wide Micro-Transit Services 16 of 18 EXHIBIT C – Company’s Proposal 1143 A. Title Page Request for Proposal RFP04523SK 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 | 3054941612 1144 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 RFP04523SK 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 RFP04523SK for Citywide micro-transit Services Page 2 of 123 1145 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: 5164468513 Address: 780 S. Sapodilla Ave West Palm Beach, FL 33401 Jason Bagley Partner, National Operations Email: jason@ridecircuit.com Tel: 3054941612 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 RFP04523SK for Citywide micro-transit Services Page 3 of 123 1146 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 A21 B1.2.3 Alternate Operating Plan B 22 B1.2.4 Alternate Operating Plan C23 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 RFP04523SK for Citywide micro-transit Services Page 4 of 123 1147 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 RFP04523SK for Citywide micro-transit Services Page 5 of 123 1148 C7. Certifications Regarding Debarment 82 C8. Drug-Free Workplace Program 83 C9. Solicitation, Giving, and Acceptance 84 C10. W9 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 RFP04523SK for Citywide micro-transit Services Page 6 of 123 1149 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 RFP04523SK for Citywide micro-transit Services Page 7 of 123 1150 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:1000am 900pm ●Tuesday:1000am 900pm ●Wednesday:1000am 900pm ●Thursday:1000am 900pm ●Friday:1000am 1000pm ●Saturday:1000am 1000pm ●Sunday:1000am 900pm Total hours of operation/week: 79 Vehicles ●Eight 5Passenger 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 12Passenger 13 seat) Ford ETransit Electric Van Drivers/ Ambassadors: ●19 Total Staff, 14 of which are Hollywood Residents City of Hollywood RFP04523SK for Citywide micro-transit Services Page 8 of 123 1151 ○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 814% 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 RFP04523SK for Citywide micro-transit Services Page 9 of 123 1152 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 RFP04523SK for Citywide micro-transit Services Page 10 of 123 1153 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 65relies 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 COVID19 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 RFP04523SK for Citywide micro-transit Services Page 11 of 123 1154 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 RFP04523SK for Citywide micro-transit Services Page 12 of 123 1155 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 RFP04523SK for Citywide micro-transit Services Page 13 of 123 1156 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 RFP04523SK for Citywide micro-transit Services Page 14 of 123 1157 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 RFP04523SK for Citywide micro-transit Services Page 15 of 123 1158 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 ETransit 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 RFP04523SK for Citywide micro-transit Services Page 16 of 123 1159 Coverage Areas MTZ Zone 1 MTZ Zone 2 MTZ Zone 3 *Note: MTZ3 could be extended in the northeast corner to include service for the Hollywood Tri-Rail Station City of Hollywood RFP04523SK for Citywide micro-transit Services Page 17 of 123 1160 Vehicles Seven 7 Vehicles in Total ●Three 3 Ford ETransit EV Van ○Electric Vehicle ○Model year 2022 or newer, all weather ○12 passenger seats + driver, 0 ADA positions ●One 1 Wheelchair Accessible Ford ETransit 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 68 WAV requests per month on average. For this program, we propose all-electric GEM e6 vehicles and Ford ETransit 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 RFP04523SK for Citywide micro-transit Services Page 18 of 123 1161 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 RFP04523SK for Citywide micro-transit Services Page 19 of 123 1162 Grocery Distributions (during COVID, in partnership with Feeding South Florida City of Hollywood RFP04523SK for Citywide micro-transit Services Page 20 of 123 1163 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 MTZ1 & 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 RFP04523SK for Citywide micro-transit Services Page 21 of 123 1164 Alternate MTZ3 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 RFP04523SK for Citywide micro-transit Services Page 22 of 123 1165 ●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 RFP04523SK for Citywide micro-transit Services Page 23 of 123 1166 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 RFP04523SK for Citywide micro-transit Services Page 24 of 123 1167 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 RFP04523SK for Citywide micro-transit Services Page 25 of 123 1168 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 RFP04523SK for Citywide micro-transit Services Page 26 of 123 1169 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 RFP04523SK for Citywide micro-transit Services Page 27 of 123 1170 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, 2020 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 RFP04523SK for Citywide micro-transit Services Page 28 of 123 1171 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 RFP04523SK for Citywide micro-transit Services Page 29 of 123 1172 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 RFP04523SK for Citywide micro-transit Services Page 30 of 123 1173 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: 6465043733 ●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 RFP04523SK for Citywide micro-transit Services Page 31 of 123 1174 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 824586300 ○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 - 3054941612 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 7344784732 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 RFP04523SK for Citywide micro-transit Services Page 32 of 123 1175 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 RFP04523SK for Citywide micro-transit Services Page 33 of 123 1176 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 RFP04523SK for Citywide micro-transit Services Page 34 of 123 1177 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 RFP04523SK for Citywide micro-transit Services Page 35 of 123 1178 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 RFP04523SK for Citywide micro-transit Services Page 36 of 123 1179 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 RFP04523SK for Citywide micro-transit Services Page 37 of 123 1180 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 RFP04523SK for Citywide micro-transit Services Page 38 of 123 1181 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. MTZ1 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 MTZ2 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 RFP04523SK for Citywide micro-transit Services Page 39 of 123 1182 ●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 ETransit EV vans. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 40 of 123 1183 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 RFP04523SK for Citywide micro-transit Services Page 41 of 123 1184 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 ETransit 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 RFP04523SK for Citywide micro-transit Services Page 42 of 123 1185 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 4,0005,000 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 RFP04523SK for Citywide micro-transit Services Page 43 of 123 1186 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 RFP04523SK for Citywide micro-transit Services Page 44 of 123 1187 ●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 RFP04523SK for Citywide micro-transit Services Page 45 of 123 1188 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 RFP04523SK for Citywide micro-transit Services Page 46 of 123 1189 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 RFP04523SK for Citywide micro-transit Services Page 47 of 123 1190 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 RFP04523SK for Citywide micro-transit Services Page 48 of 123 1191 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 RFP04523SK for Citywide micro-transit Services Page 49 of 123 1192 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 RFP04523SK for Citywide micro-transit Services Page 50 of 123 1193 Circuit was accepted and completed the URBANX 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, 2020 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-457287cf-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 RFP04523SK for Citywide micro-transit Services Page 51 of 123 1194 Circuit vehicle donated for Champlain Towers Relief Efforts in Bal Harbor, FL. Sample Newsletter to Hollywood Riders, February 2023 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 52 of 123 1195 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. R2018335, 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 RFP04523SK for Citywide micro-transit Services Page 53 of 123 1196 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 COVID19 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 1520 vehicles in the market, depending on demand. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 54 of 123 1197 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:5168338873 Email:tjames@downtownwpb.com Brightline Project Manager:Jean Carlos De Jesus Phone Number:7865611656 Huntington Beach, CA Project Manager:Sean Crumby Phone Number:7143745348 Pompano Beach, FL Project Manager:Jeff Lantz Phone Number:9547865580 Gardens Mall Palm Beach, FL Project Manager:Whitney Pettis Phone Number:5616222115 Additional experience City of Hollywood RFP04523SK for Citywide micro-transit Services Page 55 of 123 1198 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 RFP04523SK for Citywide micro-transit Services Page 56 of 123 1199 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 ETransit 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 RFP04523SK for Citywide micro-transit Services Page 57 of 123 1200 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 4,0005,000 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 RFP04523SK for Citywide micro-transit Services Page 58 of 123 1201 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 12 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 RFP04523SK for Citywide micro-transit Services Page 59 of 123 1202 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 RFP04523SK for Citywide micro-transit Services Page 60 of 123 1203 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 RFP04523SK for Citywide micro-transit Services Page 61 of 123 1204 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 RFP04523SK for Citywide micro-transit Services Page 62 of 123 1205 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 RFP04523SK for Citywide micro-transit Services Page 63 of 123 1206 B9.1 Local Hollywood Presence Lease for office space in Downtown Hollywood since July 2019 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 64 of 123 1207 Current City of Hollywood Business Tax Receipt City of Hollywood RFP04523SK for Citywide micro-transit Services Page 65 of 123 1208 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 RFP04523SK for Citywide micro-transit Services Page 66 of 123 1209 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 RFP04523SK for Citywide micro-transit Services Page 67 of 123 1210 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 RFP04523SK for Citywide micro-transit Services Page 68 of 123 1211 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 RFP04523SK for Citywide micro-transit Services Page 69 of 123 1212 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 RFP04523SK for Citywide micro-transit Services Page 70 of 123 1213 C. Completed Forms and Certifications C1. This Submittal Checklist Confirmation City of Hollywood RFP04523SK for Citywide micro-transit Services Page 71 of 123 1214 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 RFP04523SK for Citywide micro-transit Services Page 72 of 123 1215 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 RFP04523SK for Citywide micro-transit Services Page 73 of 123 1216 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 RFP04523SK for Citywide micro-transit Services Page 74 of 123 1217 C3. Vendor Reference Forms City of Hollywood RFP04523SK for Citywide micro-transit Services Page 75 of 123 1218 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 76 of 123 1219 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 77 of 123 1220 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 78 of 123 1221 C4. Hold Harmless and Indemnity Clause City of Hollywood RFP04523SK for Citywide micro-transit Services Page 79 of 123 1222 C5. Non-Collusion Statement City of Hollywood RFP04523SK for Citywide micro-transit Services Page 80 of 123 1223 C6. Sworn Statement…Public Entity Crimes City of Hollywood RFP04523SK for Citywide micro-transit Services Page 81 of 123 1224 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 82 of 123 1225 C7. Certifications Regarding Debarment City of Hollywood RFP04523SK for Citywide micro-transit Services Page 83 of 123 1226 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 RFP04523SK for Citywide micro-transit Services Page 84 of 123 1227 C9. Solicitation, Giving, and Acceptance City of Hollywood RFP04523SK for Citywide micro-transit Services Page 85 of 123 1228 C10. W9 Request for Taxpayer Identification) City of Hollywood RFP04523SK for Citywide micro-transit Services Page 86 of 123 1229 C11. List of subcontractors Circuit will not use subcontractors on this project. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 87 of 123 1230 C12. Certificate(s) of insurance City of Hollywood RFP04523SK for Citywide micro-transit Services Page 88 of 123 1231 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 89 of 123 1232 C13. Proof of State of Florida Sunbiz Registration City of Hollywood RFP04523SK for Citywide micro-transit Services Page 90 of 123 1233 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 91 of 123 1234 Appendix Appendix 1 Letters of Support Appendix 1.1 Rider Letter of Support: City of Hollywood RFP04523SK for Citywide micro-transit Services Page 92 of 123 1235 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 RFP04523SK for Citywide micro-transit Services Page 93 of 123 1236 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 Iâ€™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 RFP04523SK for Citywide micro-transit Services Page 94 of 123 1237 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 RFP04523SK for Citywide micro-transit Services Page 95 of 123 1238 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 RFP04523SK for Citywide micro-transit Services Page 96 of 123 1239 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 RFP04523SK for Citywide micro-transit Services Page 97 of 123 1240 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 RFP04523SK for Citywide micro-transit Services Page 98 of 123 1241 Appendix 1.2 Letters of Support: Appendix 1.2.1 Water Taxi City of Hollywood RFP04523SK for Citywide micro-transit Services Page 99 of 123 1242 Appendix 1.2.2 Downtown Development Authority, WPB City of Hollywood RFP04523SK for Citywide micro-transit Services Page 100 of 123 1243 Appendix 1.2.3 Cityfi City of Hollywood RFP04523SK for Citywide micro-transit Services Page 101 of 123 1244 Appendix 1.2.4 Billy’s Stone Crab City of Hollywood RFP04523SK for Citywide micro-transit Services Page 102 of 123 1245 Appendix 1.2.5 World Tire Inc. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 103 of 123 1246 Appendix 1.2.6 Margaritaville City of Hollywood RFP04523SK for Citywide micro-transit Services Page 104 of 123 1247 Appendix 1.2.7 Le Tub, Tiki Tiki, GG’s City of Hollywood RFP04523SK for Citywide micro-transit Services Page 105 of 123 1248 Appendix 1.2.8 Diplomat Beach Resort Valet Services) City of Hollywood RFP04523SK for Citywide micro-transit Services Page 106 of 123 1249 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 RFP04523SK for Citywide micro-transit Services Page 107 of 123 1250 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 108 of 123 1251 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 109 of 123 1252 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 110 of 123 1253 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 111 of 123 1254 END OF REPORT City of Hollywood RFP04523SK for Citywide micro-transit Services Page 112 of 123 1255 Appendix 3 Case Studies Appendix 3.1 Hollywood Case Study Hollywood Sun Shuttle 2023 Case Study- Page 1 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 113 of 123 1256 Hollywood Sun Shuttle 2023 Case Study Page 2 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 114 of 123 1257 Hollywood Sun Shuttle 2023 Case Study- Page 3 (last page) City of Hollywood RFP04523SK for Citywide micro-transit Services Page 115 of 123 1258 Appendix 3.2 Brightline Case Study Brightline Case Study- Page 1 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 116 of 123 1259 Brightline Case Study- Page 2 Brightline Case Study- page 3 (last page) City of Hollywood RFP04523SK for Citywide micro-transit Services Page 117 of 123 1260 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 118 of 123 1261 Appendix 3.3 San Diego Case Study San Diego Case Study- Page 1 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 119 of 123 1262 San Diego Case Study- Page 2 San Diego Case Study- page 2 (last page) City of Hollywood RFP04523SK for Citywide micro-transit Services Page 120 of 123 1263 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 RFP04523SK for Citywide micro-transit Services Page 121 of 123 1264 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 RFP04523SK for Citywide micro-transit Services Page 122 of 123 1265 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 RFP04523SK for Citywide micro-transit Services Page 123 of 123 1266 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 1267 City-Wide Micro-Transit Services 18 of 18 EXHIBIT E – Pricing Total Costs – All Zones Unit Costs 1268 1269 1270 1271 April 24, 2026 Timothy Tack Program Coordinator Boynton Beach Community Redevelopment Agency 100 E Ocean Ave, 4thFloor Boynton Beach, FL 33435 Kathryn Rossmell, Esq. Lewis, Walker, & Longman P.A. 360 S Rosemary Avenue, Suite 1100 West Palm Beach, FL 33401 Dear Timothy, Per Section 4 of the Agreement, Circuit is submitting a request, and Amendment, for this cost increase for the current contract which was set to renew for a second renewal period back on March 5, 2026. This serves as our formal request with justification and documentation included herein. Circuit is requesting a 5.0% price adjustment to increase unit costs as increases have occurred in the industry since these unit costs were initially contracted and executed on January 29, 2024. As evidenced on the U.S. Bureau of Labor Statistics website (https://data.bls.gov/timeseries/CUUR0000SA0&output_view=pct_1mth), the Consumer Price Index for All Urban Consumers (CPI-U) shows a 6% increase in prices during the period from January, 2024 to February, 2026, while our unit costs remained flat. More specifically to our industry, the price increases that have impacted our costs include wages paid to local cost drivers that have outpaced CPI, including increases in Florida minimum wage (an 8% annual increase impacting driver and supervisor wages) and commercial auto and excess liability insurance premiums continue to increase in Florida at a rate that outpaces national averages (6% annual increase). Taken together, these factors support the request for a 5.0% adjustment to unit costs. We respectfully request that the proposed new pricing contained therein will go into effect May 1, 2026. Thank you, James Mirras Chief Operating Officer Circuit Transit Inc. Attachment: Proposed Amendment and Pricing Table 1272 1 4923-5022-0966, v. 1 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY AMENDMENT NO. 2 TO THE AGREEMENT FOR ON-DEMAND TRANSPORTATION SERVICE THIS AMENDMENT NO. 2 to the AGREEMENT FOR ON-DEMAND TRANSPORTATION SERVICE by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ("CRA") and CIRCUIT TRANSIT, INC. ("Contractor"), dated January 29, 2024, is entered into this ____ day of ________________, 2026. WITNESSETH: WHEREAS, the CRA entered into the Agreement for On-Demand Transportation with Contractor for on-demand transportation services (“Agreement”), attached hereto as Attachment 1; and WHEREAS, the Agreement piggybacks off the Professional Services Contract for Operation of Citywide Micro-Transit Services between the City of Hollywood and Contractor, dated July 7, 2023, and awarded under Request to Proposal No. RFP-045-23-SK; and WHEREAS, the parties executed Amendment No. 1 to the agreement to amend Section 3 “term” to extend the Agreement for one(1) year, with two (2) options to extend for one year, attached hereto as Attachment 2; and WHEREAS, the CRA exercised the first of two (2) one-year renewal terms on February 10, 2026 without a price adjustment. The Contractor has subsequently requested a price increase effective May 1, 2026; and WHEREAS, the CRA agrees to the proposed price increase, and has determined that amending the Agreement is in the best interest of the CRA. NOW, THEREFORE, for and in good and valuable consideration, the parties agree that the Agreement is amended as follows: 1. The above recitals are true and correct and are incorporated herein. 2. Section 4 “Compensation” is revised as follows: 4) Compensation. The CRA shall pay the Contractor an amount not to exceed Four Hundred Thousand dollars ($400,000.00) Four Hundred and Twenty Thousand dollars ($420,000.00) (hereinafter, "Compensation) for the performance of the Services for the Initial Term and the each Renewal Term of this agreement, which sum shall be paid in accordance with the Pricing Schedule attached as Exhibit B. The Compensation is all inclusive for the services provided and shall include the cost of the vehicles, vehicle wraps, including the art work installation and removal of the wraps, W-2 Drivers, management fees, driver training, insurance, vehicle maintenance, cell phones, hosting services for the mobile application and related usage fees, web fees, and basic marketing materials. Contractor shall be responsible for all costs related to the operation and maintaining the vehicles, including cost of 1273 2 4923-5022-0966, v. 1 installation of the vehicle charging equipment and the costs for electrical service required for vehicle charging. Notwithstanding the above, in the event that the CRA does not renew this Agreement after the Initial Term, the CRA shall reimburse Contractor the costs associated with modifying the existing electrical service to accommodate new charging equipment, upon receipt of proper invoice. The CRA shall not be responsible for the payment of any additional fees not otherwise stated herein. 3. The portion of the Pricing Schedule that describes the “Vehicle cost per hours of operation” is hereby amended as set forth below (“Revised Pricing”). The Revised Pricing shall apply to all Services performed on or after May 1, 2026. EXHIBIT B - Pricing Schedule … 4. Except as provided herein, all other terms and conditions of the Agreement remain in full force and effect and are hereby ratified and confirmed. 1274 3 4923-5022-0966, v. 1 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to be signed and executed, on the day and year first written above. BOYNTON BEACH COMMUNITY REDEVELOPMENT DISTRICT By: Name: Title: Date: CIRCUIT TRANSIT, INC. By: Name: Title: Date: Approved as to Form and Legal Sufficiency By: Name: ________________________________ 1275 4 4923-5022-0966, v. 1 ATTACHMENT 1 AGREEMENT FOR ON-DEMAND TRANSPORTATION SERVICE by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY and CIRCUIT TRANSIT, INC. 1276 5 4923-5022-0966, v. 1 ATTACHMENT 2 AMENDMENT NO. 1 TO THE AGREEMENT FOR ON-DEMAND TRANSPORTATION SERVICE by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY and CIRCUIT TRANSIT, INC. 1277 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: May 12, 2026 OLD BUSINESS AGENDA ITEM 14.D SUBJECT: Consideration of the Commercial Property Improvement Grant Program to Potiwa Pizza LLC located in the Heart of Boynton Shops at 137 NE 10th Avenue, Unit 104 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, repair, 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. On May 14, 2024, the CRA Board approved a Commercial Property Improvement Grant to Potiwa Pizza LLC located in Heart of Boynton Shops at 137 NE 10th Avenue, Unit 104, Boynton Beach, FL 33435 (see Attachments I-II). Potiwa Pizza's mission is to blend the rich culinary heritage of Haiti with the universally loved tradition of pizza, offering customers a unique and flavorful dining experience. They are committed to celebrating Haiti's vibrant culture through delicious, handcrafted pizzas made with the finest ingredients and served with warmth and hospitality. On January 10, 2025 Potiwa Pizza elected to use RS Construction (aka Centennial Management Corporation) to complete the grey shell and the plumbing stub out for the unit. Once complete, the tenant may select a different contractor to complete the build-out. The permit for work to begin was issued on February 7, 2025. On April 17, 2025 the unit was released to Potiwa Pizza to complete the build-out with their elected contractor. Per the grant guidelines, the grant recipient has 180 day from permit issuance to complete their project and submit for reimbursement. The permit was issued on February 7, 2025. The grant recipient had until August 6, 2025, to complete their project and submit for reimbursement. On July 8, 2025, the CRA received a letter from Potiwa Pizza requesting the 90-day administrative extension until November 4, 2025, which was approved by staff (see Attachment III). 1278 On August 6, 2025 all of the permits expired and were reinstated by Potiwa Pizza on October 8, 2025. On October 20, 2025, staff received a request for an additional 120-day extension to allow for more time to begin their construction and receive their Certificate of Occupancy (see Attachment IV). At their November 10, 2025 meeting, the CRA Board approved the request to extend the grant from November 1, 2025 to March 1, 2026. On January 6, 2025 the permits expired again. A change of contractor for the general contractor was never filed with the City's Building Department and remained in RS Construction's name (aka Centennial Management Corporation) since the unit was released to Potiwa Pizza in April 2025. A mechanical change of contractor for a sub-permit was submitted and approved by the City's Building Department on June 11, 2025. On February 27, 2026 Potiwa submitted a request for a 120-day extension to allow time to complete the project and submit for reimbursement (see Attachment V). Potiwa Pizza made a request to the CRA Board for an additional 120-day extension from March 1, 2026 to June 29, 2026. At their March 9, 2026 meeting, the CRA Board made a motion to give Potiwa Pizza a 60-day extension to April 30, 2026 to provide a status update on their project. On April 28, 2026 Potiwa Pizza submitted the change of contractor for the general contractor with the City's Building Department which was approved. As of April 30, 2026, only the general contractor license was changed. No other subcontractors were submitted for electrical, plumbing etc, no permit revisions were submitted to the City's Building Department and no additional update was provided by Potiwa Pizza as requested in Attachment VI. Staff is seeking Board direction on whether to provide an additional extension to Potiwa Pizza or other action such as grant termination. FISCAL IMPACT: FY 2023-2024 Budget Project Fund, Line Item 02-58400-444, $50,000 for Property Improvements and $4,125 for Design CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: 1. Approve an additional extension for the Commercial Property Improvement Grant to Potiwa Pizza LLC located in Heart of Boynton Shops at 137 NE 10th Avenue, Unit 104, Boynton Beach, FL 33435. 2. Do not approve an additional extension for the Commercial Property Improvement Grant to Potiwa Pizza LLC located in Heart of Boynton Shops at 137 NE 10th Avenue, Unit 104, Boynton Beach, FL 33435 and terminate grant funding. 3. Other options as determined by the Board. 1279 •Attachment I - Commercial Property Improvement Grant Application •Attachment II - Location Map •Attachment III - First 90-Day Extension Request •Attachment IV - 120-Day Extension Request •Attachment V - Second 120-Day Extension Request •Attachment VI - March 10, 2026 Potiwa Email ATTACHMENTS: Description 1280 1281 1282 1283 1284 1285 1286 1287 1288 1289 1290 1291 1292 1293 1294 1295 1296 1297 1298 1299 1/23/24, 9:36 AM PAPA Maps https://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434528480060000 1/1  View Property Record Owners WELLS LANDING APARTMENTS LLC Property Detail Location 137 E MARTIN LUTHER KING JR BLVD Municipality BOYNTON BEACH Parcel No.08434521240000010 Subdivision MEEKS ADD TO BOYNTON IN Book 31005 Page 1515 Sale Date NOV-2019 Mailing Address 7735 NW 146TH ST STE 306 HIALEAH FL 33016 1583 Use Type 1000 - VACANT COMMERCIAL Total Square Feet 0 Sales Information Sales Date Price NOV-2019 10 DEC-2009 105455 MAY-2004 10 APR-2004 0 FEB-1983 100 Appraisals Tax Year 2023 Improvement Value $18,786 Land Value $609,989 Total Market Value $628,775 All values are as of January 1st each year Assessed/Taxable values Tax Year 2023 Assessed Value $467,182 Exemption Amount $0 Taxable Value $467,182 Taxes Tax Year 2023 Ad Valorem $10,505 Non Ad Valorem $0 Total tax $10,505 Search by Owner, Address or Parcel 1300 This Message Is From an External Sender This message came from outside your organization. From:Nicklien, Bonnie To:Lucika Suarez Cc:Pot"iwa Pizza Subject:RE: BBCRA Grant Extension Request Date:Tuesday, July 08, 2025 2:41:00 PM Attachments:~WRD1411.jpg image001.png image002.png image003.png image004.png image005.png image006.png image007.png Permit Info.JPG Hi Lucika, This email will suffice as the request. Potiwa Pizza has until November 4, 2025 to complete the project and submit for reimbursement. From what I see in the City’s permit system, there has only been an approved Change of Contractor for the mechanical portion of the work. I understand it that the General Contractor will need to submit their paperwork through the system before work can begin. You can touch base with Milton at the City to ask any specifics. As of now, the system shows Jorge as the GC with the mechanical contractor being Atlantic Coast. Work cannot begin until the new GC for the project has been filed with the City and all of the subcontractors (gas, plumbing, electrical) have also been updated in the system. See attached screen shot. Hope this information helps! I will update the file with the November 4th deadline. Best Regards, Bonnie From: Lucika Suarez <lucikasuarez5@gmail.com> Sent: Tuesday, July 08, 2025 1:52 PM To: Nicklien, Bonnie <NicklienB@bbfl.us> Cc: Pot'iwa Pizza <potiwapizza@gmail.com> Subject: Re: BBCRA Grant Extension Request Good afternoon Bonnie, I hope this email finds you well and you enjoyed your weekend. I wanted to let you know the change of contractor has been submitted and the plan revision for the space is in the final stages to be submitted to the city. ZjQcmQRYFpfptBannerStart ZjQcmQRYFpfptBannerEnd 1301 Good afternoon Bonnie, I hope this email finds you well and you enjoyed your weekend. I wanted to let you know the change of contractor has been submitted and the plan revision for the space is in the final stages to be submitted to the city. We are expecting the construction to start next week or the following week. With that being said,we will definitely need an extension. What are our next steps? On Tue, Jul 8, 2025 at 12:36 PM Pot'iwa Pizza <potiwapizza@gmail.com> wrote: ---------- Forwarded message --------- From: Nicklien, Bonnie <NicklienB@bbfl.us> Date: Tue, Jul 8, 2025 at 12:01 Subject: BBCRA Grant Extension Request To: Pot'iwa Pizza <potiwapizza@gmail.com> Good Afternoon Jude, Hope you enjoyed your July 4th Holiday! In order to keep your Commercial Property Improvement Grant file in compliance, I need to provide a friendly reminder that you have 180 days from permit issuance to complete your project and submit for reimbursement. Your permit was issued on February 7, 2025 which means you have until August 6th to complete the project. You are eligible to request one 90-day extension via administrative approval if needed. Please submit your request to me in writing prior to August 6th so that I can approve the extension and update your file. Feel free to reach out with any questions. Best Regards, Bonnie Bonnie Nicklien Grants and Project Manager 1302 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 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 -- Best Regards, Lucika Lambert Suarez Florida Licensed Realtor # SL3477196 Ph: 561-336-1292 Don't judge each day by the harvest you reap, but by the seeds you plant. -Robert L. Stevenson 1303 This Message Is From an External Sender This message came from outside your organization. From:Lucika Suarez To:Nicklien, Bonnie Cc:Pot"iwa Pizza Subject:Re: Grant Extension Request Date:Monday, October 20, 2025 2:10:57 PM Attachments:image508581.png image877227.png image093015.png image287208.png image651224.png image533311.png image173413.png Good afternoon Bonnie, Jude, would like to formally request an extension for the Commercial Property Improvement Grant. We are requesting a 120-day extension to allow more time to begin construction and obtain our Certificate of Occupancy. On Mon, Oct 20, 2025 at 9:11 AM Nicklien, Bonnie <NicklienB@bbfl.us> wrote: Good Morning Jude, As a follow-up to my email below, I also wanted to add that you may request 50% reimbursement for the additional design fees at the November 10, 2025 Board meeting. Grant recipients are eligible to request 50% reimbursement of eligible design fees up to $10,000. The previous grant request was $4,125 which was issued in full on July 17, 2024. If you would like to make the request for the November 10th meeting, please provide the request in writing by October 24th and provide the invoice with the scope of work as well as a copy of the revised plans. The request would be 50% of your invoice and be reimbursed at the time of permit submission. Friendly reminder, I will also need the information for the email below regarding a grant extension no later than October 24th. Please reach out with any questions. 1304 Best Regards, Bonnie Bonnie Nicklien Grants and Project Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave.| Boynton Beach, Florida 33435 561-600-9090 |561-737-3258 NicklienB@bbfl.us | https://www.boyntonbeachcra.com America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law, and all correspondence to me via email may be subject to disclosure. Under Florida law, email addresses are public records. Therefore, your email communication and your email address may be subject to public disclosure From: Nicklien, Bonnie Sent: Thursday, October 09, 2025 1:49 PM To: Pot'iwa Pizza <potiwapizza@gmail.com> Subject: Grant Extension Request 1305 Good Afternoon Jude, Just a heads up - The 90-day administrative extension for the Commercial Property Improvement Grant was provided in August 2025 and will therefore end in November 2025. I am not able to provide additional extensions – those have to be approved by the Board. I recommend requesting a 120-day extension at the November 10, 2025 CRA Board meeting to allow more time to begin construction and obtain your Certificate of Occupancy. Please provide a written request to me no later than October 24, 2025 so that I can add it to the agenda item. The email will need to explain the current status of your build-out, your next steps and the request for additional time. Please reach out with any questions. Best Regards, Bonnie -- Best Regards, Lucika Lambert Suarez Florida Licensed Realtor # SL3477196 Ph: 561-336-1292 Don't judge each day by the harvest you reap, but by the seeds you plant. -Robert L. Stevenson 1306 This Message Is From an Untrusted Sender You have not previously corresponded with this sender. From:Pot"iwa Pizza To:Nicklien, Bonnie; Rock Andre; almyrack@gmail.com; Lucika Suarez Subject:Grant Extension For Potiwa Pizza Boynton Beach. Date:Friday, February 27, 2026 1:00:02 PM Good afternoon, Thank you for the update regarding the Commercial Property Improvement Grant expiration date of March 1, 2026. I am writing to formally request an additional extension of 120 days to allow sufficient time to complete the project and submit all required documentation for reimbursement. Current Project Status: The project is currently in the construction phase, with the following progress: plans have been submitted for permitting, revised plans are being submitted, AC unit and duct work has been installed, drywall has gone up, hood unit has been delivered, and equipment selected and will is on order. Construction Commencement Date: October 2025 Estimated Completion Date: June 15, 2026 While we have made meaningful progress, the acheitual plans were with the architect for revising. The additional time will ensure the project is completed in full compliance with all requirements and within the intended scope. We respectfully request a 120-day extension to allow for completion and proper submission for reimbursement. Please let me know if any additional documentation or clarification is needed prior to the March 9th CRA Board meeting. We appreciate the Board’s continued support and consideration. Thank you for your time and assistance. Sincerely, Potiwa Pizza 1307 From:Nicklien, Bonnie To:Lucika Suarez Cc:Pot"iwa Pizza; Rock Andre; almyrack@gmail.com; Tack, Timothy; Mark Pietanza Subject:RE: Grant Extension For Potiwa Pizza Boynton Beach. Date:Tuesday, March 10, 2026 3:20:00 PM Attachments:image001.jpg image002.jpg image003.jpg image004.png image005.png image006.png image007.png image008.png image009.png image010.png image011.jpg Good Afternoon Jude, At last night’s meeting, the CRA Board made a motion to extend Potiwa Pizza’s Commercial Property Improvement Grant 60-days from March 1, 2026 to April 30, 2026. The Board will reevaluate any additional extensions beyond the 60-days at their May 12th meeting. Please provide a construction progress report by end of day April 30, 2026 so that the update can be provided to the Board for their review and consideration at the May 12th meeting. Best Regards, Bonnie From: Nicklien, Bonnie Sent: Friday, March 06, 2026 11:51 AM To: 'Lucika Suarez' <lucikasuarez5@gmail.com> Cc: 'Pot'iwa Pizza' <potiwapizza@gmail.com>; 'Rock Andre' <mrockandre@gmail.com>; 'almyrack@gmail.com' <almyrack@gmail.com>; Tack, Timothy <TackT@bbfl.us>; 'Mark Pietanza' <mp@atlanticcoastfire.com> Subject: RE: Grant Extension For Potiwa Pizza Boynton Beach. Hi Jude, CRA legal will be adding the request for an extension to the March 9th agenda. Please attend the meeting to answer any questions the Board may have. The meeting will begin at 6 PM in Commission Chambers located on the south side of City Hall at 100 E. Ocean Avenue. Best Regards, Bonnie From: Nicklien, Bonnie Sent: Friday, March 06, 2026 8:32 AM To: Lucika Suarez <lucikasuarez5@gmail.com> Cc: Pot'iwa Pizza <potiwapizza@gmail.com>; Rock Andre <mrockandre@gmail.com>; almyrack@gmail.com; Tack, Timothy <TackT@bbfl.us>; Mark Pietanza <mp@atlanticcoastfire.com> Subject: RE: Grant Extension For Potiwa Pizza Boynton Beach. Good Morning, I am not sure. Please coordinate with your general contractor and the City’s Building Department 561-742-6000. Best Regards, Bonnie From: Lucika Suarez <lucikasuarez5@gmail.com> Sent: Thursday, March 05, 2026 6:03 PM To: Nicklien, Bonnie <NicklienB@bbfl.us> Cc: Pot'iwa Pizza <potiwapizza@gmail.com>; Rock Andre <mrockandre@gmail.com>; almyrack@gmail.com; Tack, Timothy <TackT@bbfl.us>; Mark Pietanza <mp@atlanticcoastfire.com> 1308 This Message Is From an External Sender This message came from outside your organization. Subject: Re: Grant Extension For Potiwa Pizza Boynton Beach. Will do. I do have a follow up question when we change the contractor, will we then have to renew all the permits or is that the job of the contractor? On Wed, Mar 4, 2026 at 3: 28 PM Nicklien, Bonnie <NicklienB@ bbfl. us> wrote: Hi Lucika,ZjQcmQRYFpfptBannerStart ZjQcmQRYFpfptBannerEnd Will do. I do have a follow up question when we change the contractor, will we then have to renew all the permits or is that the job of the contractor? On Wed, Mar 4, 2026 at 3:28 PM Nicklien, Bonnie <NicklienB@bbfl.us> wrote: Hi Lucika, On August 6, 2025 all of the permits expired and were reinstated by Potiwa on October 8, 2025. On January 6, 2026 all of the permits expired again and remain expired as of today. In regards to the change of contractor, the master permit (aka general contractor) is currently under RS Construction (aka Centennial Management). The master permit (aka general contractor) was never changed when the unit was turned over to Potiwa in April 2025. The only change of contractor that was submitted and approved by the City was the sub-permit for mechanical. Please let us know the plan to renew the permits and submit the change of contractor (aka general contractor) for the master permit. Thank you, Bonnie 1309 This Message Is From an External Sender This message came from outside your organization. This Message Is From an External Sender 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 Boynton Beach CRA Twitter page Boynton Beach CRA Facebook page Boynton Beach CRA Instagram Page Image removed by sender. America's Gateway to the Gulf Stream 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: Lucika Suarez <lucikasuarez5@gmail.com> Sent: Wednesday, March 04, 2026 2:50 PM To: Nicklien, Bonnie <NicklienB@bbfl.us> Cc: Pot'iwa Pizza <potiwapizza@gmail.com>; Rock Andre <mrockandre@gmail.com>; almyrack@gmail.com; Tack, Timothy <TackT@bbfl.us> Subject: Re: Grant Extension For Potiwa Pizza Boynton Beach. Hi, the change in contractor was submitted on 9/14/2025 and the reinstatement on 10/8/2025. On Wed, Mar 4, 2026 at 1: 33 PM Nicklien, Bonnie <NicklienB@ bbfl. us> wrote: Thank you for sharing. Please provide the current status for the changeZjQcmQRYFpfptBannerStart ZjQcmQRYFpfptBannerEnd Hi, the change in contractor was submitted on 9/14/2025 and the reinstatement on 10/8/2025. On Wed, Mar 4, 2026 at 1:33 PM Nicklien, Bonnie <NicklienB@bbfl.us> wrote: Thank you for sharing. Please provide the current status for the change of contractor for your permit and when the permit will be reinstated. 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 Boynton Beach CRA Twitter page Boynton Beach CRA Facebook page Boynton Beach CRA Instagram Page Image removed by sender. America's Gateway to the Gulf Stream 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: Lucika Suarez <lucikasuarez5@gmail.com> Sent: Wednesday, March 04, 2026 12:41 PM To: Nicklien, Bonnie <NicklienB@bbfl.us> Cc: Pot'iwa Pizza <potiwapizza@gmail.com>; Rock Andre <mrockandre@gmail.com>; almyrack@gmail.com; Tack, Timothy <TackT@bbfl.us> Subject: Re: Grant Extension For Potiwa Pizza Boynton Beach. Good morning Bonnie, Please see the attached contract and updated scope of work. On Tue, Mar 3, 2026 at 10: 55 AM Nicklien, Bonnie <NicklienB@ bbfl. us> wrote: Good Morning Jude, As a follow up, I have been advised by our legal team thatZjQcmQRYFpfptBannerStart 1310 This message came from outside your organization. This Message Is From an Untrusted Sender You have not previously corresponded with this sender. ZjQcmQRYFpfptBannerEnd Good morning Bonnie, Please see the attached contract and updated scope of work. On Tue, Mar 3, 2026 at 10:55 AM Nicklien, Bonnie <NicklienB@bbfl.us> wrote: Good Morning Jude, As a follow up, I have been advised by our legal team that we can walk this extension request on to the March 9th agenda if we receive the request for information by 5:00 PM on Thursday, March 5th. Best Regards, Bonnie Bonnie Nicklien Grants and Project Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave.| Boynton Beach, Florida 33435 561-600-9090 |561-737-3258 NicklienB@bbfl.us | https://www.boyntonbeachcra.com Boynton Beach CRA Twitter page Boynton Beach CRA Facebook page Boynton Beach CRA Instagram Page Image removed by sender. America's Gateway to the Gulf Stream 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: Nicklien, Bonnie Sent: Monday, March 02, 2026 9:48 AM To: Pot'iwa Pizza <potiwapizza@gmail.com>; Rock Andre <mrockandre@gmail.com>; almyrack@gmail.com; Lucika Suarez <lucikasuarez5@gmail.com> Cc: Tack, Timothy <TackT@bbfl.us> Subject: RE: Grant Extension For Potiwa Pizza Boynton Beach. Hi Jude, Thank you for your email. In order for me to place this on the March 9th agenda, I need some additional information. Can you please provide the current contract detailing the revised scope of work/cost, provide the current status for the change of contractor for your permit and when the permit will be reinstated? If I can receive this by noon today, I will place it on the March 9th agenda. Otherwise, we have to postpone the request to the April 14th agenda. Thank you for your time, Bonnie From: Pot'iwa Pizza <potiwapizza@gmail.com> Sent: Friday, February 27, 2026 1:00 PM To: Nicklien, Bonnie <NicklienB@bbfl.us>; Rock Andre <mrockandre@gmail.com>; almyrack@gmail.com; Lucika Suarez <lucikasuarez5@gmail.com> Subject: Grant Extension For Potiwa Pizza Boynton Beach. Good afternoon, Thank you for the update regarding the Commercial Property Improvement Grant expiration date of March 1, 2026. I am writing to formally request an additional extension of 120 days to allow sufficient time to complete the projectZjQcmQRYFpfptBannerStart ZjQcmQRYFpfptBannerEnd Good afternoon, Thank you for the update regarding the Commercial Property Improvement Grant expiration date of March 1, 2026. 1311 I am writing to formally request an additional extension of 120 days to allow sufficient time to complete the project and submit all required documentation for reimbursement. Current Project Status: The project is currently in the construction phase, with the following progress: plans have been submitted for permitting, revised plans are being submitted, AC unit and duct work has been installed, drywall has gone up, hood unit has been delivered, and equipment selected and will is on order. Construction Commencement Date: October 2025 Estimated Completion Date: June 15, 2026 While we have made meaningful progress, the acheitual plans were with the architect for revising. The additional time will ensure the project is completed in full compliance with all requirements and within the intended scope. We respectfully request a 120-day extension to allow for completion and proper submission for reimbursement. Please let me know if any additional documentation or clarification is needed prior to the March 9th CRA Board meeting. We appreciate the Board’s continued support and consideration. Thank you for your time and assistance. Sincerely, Potiwa Pizza -- Best Regards, Lucika Lambert Suarez Florida Licensed Realtor # SL3477196 Ph: 561-336-1292 Don't judge each day by the harvest you reap, but by the seeds you plant. -Robert L. Stevenson -- Best Regards, Lucika Lambert Suarez Florida Licensed Realtor # SL3477196 Ph: 561-336-1292 Don't judge each day by the harvest you reap, but by the seeds you plant. -Robert L. Stevenson -- Best Regards, Lucika Lambert Suarez Florida Licensed Realtor # SL3477196 Ph: 561-336-1292 Don't judge each day by the harvest you reap, but by the seeds you plant. -Robert L. Stevenson 1312 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: May 12, 2026 NEW BUSINESS AGENDA ITEM 15.A SUBJECT: Consideration of the Commercial Business Relocation Grant Program Guidelines and Application for Fiscal Year 2025-2026 SUMMARY: The Commercial Business Relocation Grant Program is designed to mitigate displacement impacts resulting from redevelopment activities within the BBCRA area and to preserve economic continuity by supporting the relocation of eligible businesses within the BBCRA boundary. The program is designed to reduce the financial burden placed on established businesses that must move through no fault of their own and to ensure continuity of operations within the BBCRA area or within the city limits of Boynton Beach. By assisting with reimbursable relocation costs, the BBCRA aims to retain valued businesses, activate commercial spaces, and maintain a strong and diverse economic environment. This initiative is in line with the BBCRA’s ongoing commitment to stimulate economic growth and enhance business visibility within the BBCRA area, in accordance with the BBCRA Community Redevelopment Plan. Grant Program Objectives: Purpose: To support commercial businesses that must relocate due to redevelopment activities within the BBCRA area. The program provides financial assistance to offset eligible moving expenses to help displaced businesses reestablish operations, minimize disruptions, and maintain economic vitality within the community. Reimbursement: Commercial businesses can apply for reimbursement of relocation- related expenses, including but not limited to security deposits, application fees, moving services, and utility reconnection fees. Funds are provided upon submission of paid invoice and proof of payment. Maximum Grant Amount: Up to $10,000 per applicant for businesses relocating within the city limits of Boynton Beach. Up to $15,000 per applicant for businesses relocating within the BBCRA area. 1313 Approval of Funding: Application to this grant program is not a guarantee of funding. Funding is at the sole discretion of the BBCRA Board. Eligibility Requirements: Applicants must meet all of the following requirements to be considered eligible to receive grant funding. For the purpose of this application the current location and new location are defined as follows: Current Location: The existing business address where the applicant is legally operating at the time of the application. The current location must be an active commercial business location within the BBCRA area and associated with a valid business tax receipt, lease, or proof of ownership. The current location refers to the premises from which the business is relocating. New Location: The future business address where the applicant intends to relocate or establish operations using grant assistance. The new location must be a commercial property located within the BBCRA area or city limits of Boynton Beach and must be secured through a signed lease agreement, property ownership documentation, or executed letter of intent prior to grant approval or reimbursement, as required by the program guidelines. Current commercial business must be located within the BBCRA Area Demonstrate displacement directly resulting from: Public or private redevelopment projects Property acquisition, redevelopment, or lease termination tied to redevelopment activity Applicant must relocate to another commercial property within the BBCRA area or city limits of Boynton Beach. Applicant must be the business entity (or d/b/a) named and the principal owners named on the corporation documents. 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). Non-profit and residentially zoned properties are not eligible. The Commercial Business Relocation Grant Program may only be used once every five years by any one specific business entity or business owner. Applicants 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. Eligible expenses 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 1314 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. Applicant must be current and in good standing on all utility accounts with the City of Boynton Beach at the time of application and throughout the grant review and reimbursement process. Applicants with delinquent utility accounts or outstanding balances will not be eligible to receive grant funding until all accounts are brought current. Grant funds may not be used to pay late fees, penalties, interest charges, or any past- due utility balances. Grant funds are intended to support pre-approved, eligible expenses and may not be applied towards previously incurred debts or outstanding financial obligations. Eligible Expenses for Reimbursement: Reimbursable expenses eligible for funding under this grant are limited to: Moving Expenses Moving and transportation costs, including insurance coverage, for professional and self-service options Packing and unpacking services Packing materials (boxes, crates, pallets, wrapping, tape, etc.) Disassembly, reassembly, and installation of furniture, shelving, fixtures, and equipment Insurance coverage for equipment during transport Temporary storage of equipment or furniture (up to 90 days) Utility connection or activation fees Utility or Professional Service Fees Utility and technology connection and/or installation deposits (Internet, cable, phone, POS systems, security system, electric, water, etc.) Lease Related Fees Lease application fees for the new commercial location Legal or real estate fees related to lease negotiation or relocation Security deposits required to secure a new lease FY 2025-2026 Funding If approved, staff recommends reallocation of $75,000 from the Business Development Promotions budget to fund the program for the remainder of the fiscal year. Attachment I - Grant Program Rules & Regulations Attachment II - Presentation of Grant Program FISCAL IMPACT: FY 2025-2026 Budget, Project Fund 02-58500-480, $75,000 1315 •Attachment I - Grant Program Rules & RegulationsÂ •Attachment II - Presentation of Grant Program CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach CRA Community Redevelopment Plan CRA BOARD OPTIONS: 1. Approve the FY 2025-2026 Commercial Business Relocation Grant Program and Application as presented, pending any final review from CRA legal counsel. 2. Do not approve the FY 2025-2026 Commercial Business Relocation Grant Program and Application as presented. 3. Provide alternative direction based on CRA Board discussion. ATTACHMENTS: Description 1316 Initials_______ Page 1 of 16 Relocation Grant 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 BUSINESS RELOCATION GRANT PROGRAM Program Rules and Regulations The Commercial Business Relocation Grant Program is designed to mitigate displacement impacts resulting from redevelopment activities within the Boynton Beach Community Redevelopment Agency (BBCRA) area and to preserve economic continuity by supporting the relocation of eligible businesses within the BBCRA boundary and city limits of Boynton Beach. The program is designed to reduce the financial burden placed on established businesses that must move through no fault of their own and to ensure continuity of operations within the BBCRA area and/or city limits of Boynton Beach. By assisting with reimbursable relocation costs, the BBCRA aims to retain valued businesses, activate commercial spaces, and maintain a strong and diverse economic environment. This initiative is in line with the BBCRA’s ongoing commitment to stimulate economic growth and enhance business visibility within the BBCRA area, in accordance with the BBCRA Community Redevelopment Plan. The BBCRA reserves the right to approve or deny any Commercial Business Relocation 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 BBCRA is a public agency and is governed by the “Florida Public Records Law” under Florida State Statute, 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. In these program documents, the effort of relocation may be referred to as the “project,” and the costs associated with relocation may be referred to as “project costs.” 1317 Initials_______ Page 2 of 16 Relocation Grant 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9090 www.boyntonbeachcra.com Key Highlights and Benefits • Purpose: The purpose of the program is to support commercial businesses that must relocate due to redevelopment activities within the BBCRA area. The program provides financial assistance to offset eligible moving expenses to help displaced businesses reestablish operations, minimize disruptions, and maintain economic vitality within the community. • Reimbursement: Commercial businesses can apply for reimbursement of relocation-related expenses, including but not limited to security deposits, application fees, moving services, and utility reconnection fees. Funds are provided upon submission of paid invoice and proof of payment. • Maximum Grant Amount: The maximum reimbursable amount under this program is: o Up to $10,000 per applicant for businesses relocating within the city limits of Boynton Beach. o Up to $15,000 per applicant for businesses relocating within the BBCRA area. • Approval of Funding: Application to this grant program is not a guarantee of funding. Funding is at the sole discretion of the BBCRA Board. Incentive Funding The Commercial Business Relocation Grant Program offers financial assistance to commercial business owners in the form of a reimbursable grant for 100% of eligible expenses, up to $15,000, associated with relocation to a new commercial operating space located within the BBCRA area or city limits of Boynton Beach. Eligibility Requirements Applicants must meet all of the following requirements to be considered eligible to receive grant funding. For the purpose of this application the following definitions apply: Current Location: means the existing business address where the applicant is legally operating at the time of the application. The current location must be an active commercial business location within the BBCRA area and associated with a valid business tax receipt, lease, or proof of ownership. The current location refers to the premises from which the business is relocating. New Location: means the future business address where the applicant intends to relocate or establish operations using grant assistance. The new location must be a commercial property located within the BBCRA area or city limits of Boynton Beach and must be secured through a signed lease agreement, property 1318 Initials_______ Page 3 of 16 Relocation Grant 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9090 www.boyntonbeachcra.com ownership documentation, or executed letter of intent prior to grant approval or reimbursement, as required by the program guidelines. Redevelopment: means a project by a party other than an applicant that is going to result in either new construction of, or significant physical improvements to, the property containing the current location, such that the applicant cannot reasonably remain at its current location. Any such new development or improvement project that is funded by the BBCRA in an amount greater than $100,000 constitutes “redevelopment” • The Current Location of the commercial business must be located within the BBCRA Area (see Attachment I). • Applicants must demonstrate displacement directly resulting from: o Public or private redevelopment projects o Property acquisition, redevelopment, or lease termination tied to redevelopment activity • Applicants must relocate to another commercial property within the BBCRA area or city limits of Boynton Beach. • Applicants must be the business entity (or d/b/a) named and the principal owners named on the corporation documents. • Applicants 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). • Non-profit and residentially zoned properties are NOT eligible. • 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. • The Commercial Business Relocation Grant Program may only be used once every five years by any one specific business entity or business owner. • Applicants must have an executed multi-year lease for their current location with at least two years remaining on the lease at the time of BBCRA Board approval. Applicants must also have been in their current location for at least two years prior to applying. 1319 Initials_______ Page 4 of 16 Relocation Grant 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9090 www.boyntonbeachcra.com • Proposed leases must be executed within 45 days of BBCRA Board approval or the grant award is terminated. • Eligible expenses 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 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. • 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, business tax receipts, permits, or zoning approvals. Applicants must apply through the appropriate departments at the City. It is the responsibility of the applicant to obtain all necessary City approvals. • 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 eligible expenses and approved change orders. • Applicants must be current and in good standing on all utility accounts with the City of Boynton Beach at the time of application and throughout the grant review and reimbursement process. Applicants with delinquent utility accounts or outstanding balances will not be eligible to receive grant funding until all accounts are brought current. • Grant funds may not be used to pay late fees, penalties, interest charges, or any past-due utility balances. • Grant funds are intended to support pre-approved, eligible expenses and may not be applied towards previously incurred debts or outstanding financial obligations. • Grantees shall allow the BBCRA the rights and use of photos and project application materials. • If BBCRA approves grant funding, the req uest for reimbursement must be submitted within 120 days of Board approval. • 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 1320 Initials_______ Page 5 of 16 Relocation Grant 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9090 www.boyntonbeachcra.com shall be documented using an Anti-Human Trafficking Affidavit as provided by the BBCRA. Eligible Expenses for Reimbursement Reimbursable expenses eligible for funding under this grant are limited to: • Moving Expenses o Moving and transportation costs, including insurance coverage, for professional and self-service options o Packing and unpacking services o Packing materials (boxes, crates, pallets, wrapping, tape, etc.) o Disassembly, reassembly, and installation of furniture, shelving, fixtures, and equipment o Insurance coverage for equipment during transport o Temporary storage of equipment or furniture (up to 90 days) • Utility or Professional Service Fees o Utility and technology connection and/or installation deposits (Internet, cable, phone, Point-Of-Sale systems, security system, electric, water, etc.) • Lease Related Fees o Lease application fees for the new commercial location o Legal or real estate fees related to lease negotiation or relocation o Security deposits required to secure a new lease Ineligible Expenses for Reimbursement The Commercial Business Relocation Grant Program is intended solely to reimburse eligible moving, utility reconnection expenses, and certain lease related fees associated with relocating a business due to redevelopment activities. The following expenses are not reimbursable under this program: • Rent or mortgage payments • Property acquisition costs • Interior tenant improvements or commercial build -out 1321 Initials_______ Page 6 of 16 Relocation Grant 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9090 www.boyntonbeachcra.com • Renovation, remodeling, or structural improvements to the new location • Furniture, fixtures, or equipment purchases • Inventory purchases or replacement of inventory • Payroll, employee wages, or staffing costs • Lost revenue due to business interruptions • Marketing, advertising, or promotional expenses • Technology upgrades or new equipment purchases • Insurance costs unrelated to moving services • Vehicle purchases or transportation equipment • Any expense not directly related to the physical move or utility reconnection Note: This list is not exhaustive. Businesses are encouraged to consult with the BBCRA before incurring expenses if there is any uncertainty about eligibility. All expenses must be pre-approved by the BBCRA prior to reimbursement. Applicants seeking assistance for other business-related expenses, such as rent reimbursement, property improvement, or marketing, are encouraged to inquire about other grant programs offered by the BBCRA that may provide financial assistance for those activities. Information about additional grant opportunities may be obtained by contacting BBCRA staff or clicking on the following links: • Commercial Property Improvement Grant Program • Commercial Rent Reimbursement Grant Program • Commercial Business Marketing Grant Program Ineligible Businesses The following businesses are considered ineligible for assistance under the Commercial Business Relocation Grant Program: • Massage/Personal Services • Firearm Sales/Shooting Range • Convenience Store • CBD Retail Stores, etc. • 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 • Pawn Shops • Vapor Cigarette • E Cigarette Stores 1322 Initials_______ Page 7 of 16 Relocation Grant 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9090 www.boyntonbeachcra.com • Alcohol and/or Drug Rehabilitation Centers/Housing • Auto Services Facilities – repair, storage, sales, etc. • 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 Application Process Applications can be submitted online at boyntonbeachcra.com (Prior to publishing update to direct Eventeny link). 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 must submit complete applications to the BBCRA via the online application portal for review and approval by the BBCRA Board. Applicants will be considered on a first-come, first-served basis. Application packets must include the following documentation: 1. A non-refundable fee of $100, which may be used to obtain a consumer credit report on the business and principal/owners of the business. Online payment options are provided on the online portal. 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. Provide a statement regarding the relocation/displacement from current location. Provide a lease termination letter from the landlord and/or other supportive documentation for relocation. If applicable, provide redevelopment details for current location (i.e. future project name; if there is a known site plan application) BBCRA staff may be able to help provide this information upon request. 4. Copy of the corporate documents for the applying business entity. 5. Copy of City and County Business Licenses (Business Tax Receipt). BTRs for the current location must be submitted at the time of application. BTRs for the new location are not needed at the time of application but will be required prior to reimbursement. 1323 Initials_______ Page 8 of 16 Relocation Grant 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9090 www.boyntonbeachcra.com 6. Copy of executed multi-year commercial lease agreement for the new location. Proposed leases must be executed within 45 days of Board approval or the grant award is terminated 7. Two years of corporate tax returns (for existing businesses only). 8. Two years of personal tax returns for the principal/owners (if no corporate tax returns). 9. Cost estimate(s) or invoice(s) for eligible relocation fees. It must list all project costs for which the applicant is requesting reimbursement. The project budget must provide the total cost of the project. 10. Number of total employees at current location and anticipated at new location. 11. A statement verifying that applicant is authorized to remove fixtures from the current location and, if applicable, that upon signing the lease for the new location is authorized to install such fixtures at the new location. 12. Initialed and signed Program Rules & Regulations (pages 1-16) 13. W-9 Form and Grant Intake Form 14. Anti-Trafficking Affidavit 15. Authorization to perform credit check for the business and each principal/owner of the business. 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. 1324 Initials_______ Page 9 of 16 Relocation Grant 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 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 in 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 at the new site once relocation is complete. 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 Business Relocation Reimbursement This portion of the program is designed as a reimbursable grant. All eligible expenses for which reimbursement is sought must be completed and paid for by the applicant prior to the release of BBCRA funds. Grant funding will be held until the business relocation is completed, and a City and County Business Tax Receipt for the new location has been issued, at which point the applicant may submit a reimbursement request. The BBCRA will provide reimbursement to the applicant upon submittal of a complete reimbursement request package. 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. 1325 Initials_______ Page 10 of 16 Relocation Grant 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9090 www.boyntonbeachcra.com Once the business relocation 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 landlords, utility companies, or other eligible moving related expenses that have been marked “paid in full” and describing the expenses paid 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 Receipts). By submitting the reimbursement request, the applicant warrants that all bills for which applicant is directly responsible related to the project are paid in full. Grantees may not submit requests 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 Business Relocation Grant Program will only reimburse applicants for new expenditures that have not been submitted to other grant programs for reimbursement. Discontinuation of Payment The receipt of past payments does not guarantee future payments. The BBCRA retains the right to discontinue 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 1326 Initials_______ Page 11 of 16 Relocation Grant 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9090 www.boyntonbeachcra.com 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 applicable 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 A gency Commercial Business Relocation 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 for th and described in the Boynton Beach Community Redevelopment Agency Commercial Business Relocation 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 Com munity 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 Comm unity 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, 1327 Initials_______ Page 12 of 16 Relocation Grant 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9090 www.boyntonbeachcra.com 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: _____________________________________ 1328 Initials_______ Page 13 of 16 Business Relocation 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: 1329 COMMERCIAL BUSINESS RELOCATION ASSISTANCE GRANT PROGRAM 1330 Program Overview •Support commercial businesses that must relocate due to redevelopment activities within the BBCRA area •Provide financial assistance via a reimbursable grant to offset eligible moving expenses to help displaced businesses reestablish operations within Boynton Beach 1331 Maximum Grant Amount CITY LIMITS Up to $10,000 TIER 1 Two tiers to support businesses relocating within the city limits and within the BBCRA area. BBCRA AREA TIER 2 Up to $15,000 1332 Current location must be in BBCRA area Eligibility Requirements Must demonstrate displacement from redevelopment activity Must relocate within BBCRA area or city limits Must provide proof of business licensing Applicant must be a principal owner Must have Experian credit score of 601 or higher Must have an executed multi-year lease for current location with 2 years remaining Proposed lease must be executed within 45 days Expenses paid more than 60 days prior to grant approval are not reimbursable Grant funding will be based on applicant’s project budget, plus 20% contingency Must be in good standing on all utility accounts with COBB Reimbursement requests must be submitted within 120 days of Board approval May only be used once every five years by one specific business entity or owner 1333 Eligible Expenses Moving Expenses Lease Related FeesUtility or Professional Fees Utility and technology connection and/or installation deposits for: Internet Cable Point-of-Sale Systems Security Systems Electric Water Moving and transportation costs, including insurance Packing/Unpacking Services Packing Materials Reassembly & Installation of Furniture & Equipment Insurance coverage for equipment during transport Temporary Storage (90 Days) Lease Application Fees Legal or real estate fees related to lease negotiation or relocation Security deposits 1334 Ineligible Expenses Rent or Mortgage Payments Property Acquisition Costs Interior Tenant Improvements Commercial Build-Out Renovations or Remodeling Furniture or Equipment Purchases Payroll or Staffing Costs Lost Revenue Marketing or Advertising Expenses Technology Upgrades Insurance Cost Unrelated to Moving Vehicle Purchases Inventory Purchases New Equipment Purchases 1335 Proposed Program Funding Reallocate $75,000 within the FY 2025-2026 Business Development Budget to fund the grant program and assist approximately five (5) businesses. 1336 •Business Development Promotions Budget - Budget Reallocation COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: May 12, 2026 NEW BUSINESS AGENDA ITEM 15.B SUBJECT: Consideration of Fiscal Year 2025-2026 Budget Reallocation for Commercial Business Relocation Grant Program SUMMARY: As part of this agenda the CRA Board has discussed and approved the Commercial Business Relocation Grant Program. In order to launch the grant program within fiscal year 2025-2026, budget funds need to be reassigned within the Project Fund. The Business Development Program Fund (02-58500-480) has monies that have not been utilized due to the cancellation of some 2026 business promotional activations. If the Board desires, the funds for the Spring Market and Heart of Boynton District Holiday Light/Decor Installation can be reallocated within the same line item to provide $75,000 to fund the grant program. FISCAL IMPACT: FY 2025-2026 Budget, Project Fund reallocate $75,000 within line item 02-58500-480 to fund the Commercial Business Relocation Grant Program. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approve the Budget Reallocation of $75,000 within line item 02-58500-480 to fund the Commercial Business Relocation Grant Program. ATTACHMENTS: Description 1337 BUSINESS PROMOTIONS TENATIVE DATES 2025/2026 BUDGET ROCK THE BLOCK Saturday, April 18, 2026 100 NE 4th Street Total Rock the Block $30,000 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 Reallocated for Grant Program ($10,000) HOLIDAY BOAT PARADE Friday, December 12, 2025 Boynton Harbor Marina - 735 Casa Loma Blvd. Total Holiday Boat Parade $30,000 BOYNTON BEACH SPRING MARKET Saturday, March 28, 2026 Total Boynton Beach Spring Market $65,000 Reallocated for Grant Program ($65,000) ROCK THE PLAZA Ocean Plaza - 640 East Ocean Avenue Saturday, May 16, 2026 $20,000 One Boynton - 1501 Federal Highway Saturday, June 27, 2026 $20,000 Sunshine Square - 501 SE 18th Avenue Saturday, August 8, 2026 $20,000 Ocean Palm Plaza - 1600 N. Federal Highway Saturday, August 22, 2026 $20,000 Total Rock the Plaza $80,000 ROCK THE MARINA & MARINA MONTH Saturday, June 6, 2026 Boynton Harbor Marina - 735 Casa Loma Blvd. Total Rock the Marina $50,000 BOYNTON BEACH NIGHT MARKET Friday, July 24, 2026 & Saturday, July 25, 2026 Centennial Park & Amphitheater - 120 E. Ocean Avenue Total Boynton Beach Night Market $150,000 BON APPETIT BOYNTON BEACH - RESTAURANT MONTH September 2026 Locations TBD Total Bon Appetit Boynton Beach $50,000 EQUIPMENT & SUPPORT $68,000 RIBBON CUTTING/GROUND BREAKINGS $28,000 COMMERCIAL BUSINESS RELOCATION ASSISTANCE GRANT PROGRAM $75,000 TOTAL COST OF BUSINESS PROMOTIONS $609,000 BOYNTON BEACH CRA FY 2025 - 2026 BUSINESS DEVELOPMENT PROMOTIONS BUDGET - 02-58500-480 1338 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: May 12, 2026 NEW BUSINESS AGENDA ITEM 15.C SUBJECT: Consideration of the Purchase of 221 NE 9th Avenue SUMMARY: CRA Staff has actively been pursuing the purchase of a vacant parcel located at 221 NE 9th Avenue (see Attachment I). The property is adjacent to multiple CRA lots which can be used to extend NE 2nd Street from E. Martin Luther King, Jr. Blvd. (south) to NE 9th Avenue (see Attachment II). If acquired, the property would help facilitate drainage issues in the area as part of the NE 2nd Street expansion and the Martin Luther King, Jr. Blvd. Streetscape Project. 221 NE 9th Avenue is located within the Heart of Boynton District (HOB) (see Attachment III). It is approximately 15,246 square feet (0.35 acres) and zoned R2-R2 Duplex, 10 DU/AC. The future land use would be mixed use low (MUL) with a development potential of 20 units per acre with a maximum height of 45'. The Sellers have executed a Purchase and Sale Agreement at the appraised value of the property in the amount of $628,000.00 (see Attachments IV & V). A comparable worksheet, with key property information, has been provided as Attachment VI. The comparisons include this property and current CRA owned properties within HOB. If approved by the CRA Board due diligence will be performed as part of the purchasing process. FISCAL IMPACT: FY 2025-2026 Budget, Project Fund, Line Item 02-58200-401 remaining funds - $430,955.42. Additional funds will need to be reallocated by the Board. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan - Heart of Boynton District CRA BOARD OPTIONS: 1. Approve the purchase of 221 NE 9th Avenue in the amount of $628,000 and allow the Chair to execute the Purchase and Sale Agreement. 2. Do not approve the purchase of 221 NE 9th Avenue. 3. Alternative direction as provided by the CRA Board. 1339 •Attachment I - 221 NE 9th Ave Location Map.pdf •Attachment II - 221 NE 9th Ave ROW Map.pdf •Attachment III - Heart of Boynton District •Attachment IV - Appraisal 221 NE 9 Avenue.pdf •Attachment V - Purchase and Sale Agreement Seller Executed •Attachment VI - HOB Comparables- April 2026.pdf ATTACHMENTS: Description 1340 1341 1342 105 Heart of Boynton District Introduction Planning Challenges Planning Considerations The Vision Recommendations 1343 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. 1344 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 1345 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.” 1346 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 1347 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 1348 111 Figure 60: Seacrest Blvd Streetscape Area Figure 61: MLK JR. Blvd. Streetscape Area Figure 62: MLK JR. Blvd. Street Section 1349 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 * 1350 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 1351 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 1352 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 1353 116D.District PlansFigure 68: Example of a Commercial Project on MLK Jr. Blvd. 1354 117 Figure 69: Example of Multi Family Project on MLK Jr. Blvd. 1355 A P P R A I S A L R E P O R T VACANT LAND 221 NORTHEAST 9 AVENUE BOYNTON BEACH, FLORIDA 33435 by Vance Real Estate Service 7481 Northwest Fourth Street Plantation, Florida 33317-2204 for Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue Boynton Beach, FL 33435 February 13, 2026 1356 MBA in REAL ESTATE DEVELOPMENT & MANAGEMENT 7481 Northwest 4th Street, Plantation, FL 33317-2204 954/583-2116 vanceval@att.net February 13, 2026 Boynton Beach Community Redevelopment Agency 100 East Ocean Avenue Boynton Beach, FL 33435 RE: Vacant Land, 0.35of an acre, 221 Northeast 9 Avenue, Boynton Beach, FL 33435 (Legal description is in the report.) Ladies and Gentlemen: In fulfillment of our agreement, we transmit our Appraisal Report, in which we develop an opinion of market value for the fee simple estate in the referenced real property as of February 13, 2026. The report sets forth our value conclusion, along with data and reasoning supporting our value opinion. This report was prepared for and our professional fee billed to the client and intended user, Boynton Beach Community Redevelopment Agency. Our analyses have been prepared in conformance with the Uniform Standards of Professional Appraisal Practice. This report is for exclusive use of the client and intended user for possible acquisition of the appraised property. Jesse B. Vance, Jr. and Claudia Vance visited the property. If you have questions or further needs, please contact the undersigned. As a result of our analyses, we have developed the following opinion of market value of the appraised property, subject to definitions, certifications, and limiting conditions set forth in the attached report. SIX HUNDRED TWENTY-EIGHT THOUSAND DOLLARS $628,000 (THIS LETTER MUST REMAIN ATTACHED TO THE REPORT WITH SEVENTY-EIGHT (78) 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 1357 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 9 1-3-5 Mile Demographic Statistics 10 Summary of Important Facts and Conclusions 12 DESCRIPTIONS, ANALYSES, & CONCLUSIONS 14 Identity of Client and Intended User 15 Intended Use 15 Identification of Real Estate Appraised 15 Ownership 15 Property Address 15 Legal Description 15 Real Estate Tax Analysis 16 Market Area Description 17 Land Use & Zoning 23 Site Description 25 Real Property Interest Appraised 26 Appraisal Purpose and Definition of Market Value 24 Effective Dates of the Appraisal and Report 27 Scope of the Work 28 Summary of Information Considered 28 Property History 29 Highest and Best Use 30 SALES COMPARISON APPROACH 33 Land Sales location maps 34 Land Sales documentation 36 Land Sales Comparison & Adjustment Chart 46 Valuation by the Sales Comparison Approach 47 FINAL VALUE OPINION 50 Certification and Limiting Conditions 52 ADDENDA 54 Acquiring deed 55 Zoning and land use map 57 Boynton Beach CRA recommended land use map 59 “R-2” zoning information 60 “MU” zoning information 68 USPAP Standards Rule 2-2a 70 Qualifications of the Appraisers 74 1358 INTRODUCTION 4 1359 Looking North at Appraised Land 221 NE 9th Avenue, Boynton Beach, FL Looking East at NE 9th Avenue Boynton Beach, Florida 5 1360 Looking West at NE 9th Avenue Boynton Beach, Florida 6 1361 Heart of Boynton Village Appraised Land BB CRA owned parcels Apartments & Shops (5 Lots) IMMEDIATE MARKET AREA OF THE APPRAISED LAND 7 1362 AERIAL VIEW OF THE APPRAISED LAND 221 NORTHEAST 9 AVENUE BOYNTON BEACH, FL 8 1363 1-3-5 MILE RADII FROM APPRAISED PROPERTY 221 NE 9TH AVENUE BOYNTON BEACH, FLORIDA 9 1364 10 1365 11 1366 SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS PROPERTY APPRAISED: Vacant land 221 Northeast 9 Avenue Boynton Beach, FL 33435 OWNERSHIP: Susan K. Napier and Shirley A. Waters 1504 NE 2 Court Boynton Beach, FL 33435 LAND AREA: Approximately 15,068 square feet Size is from public records. No sketch of survey is available for review. BUILDING IMPROVEMENTS: Depreciated single family residence demolished and removed from the land in March, 2019. No other buildings on the site. CURRENT ZONING: “R-2”, Single and Two-family Residential District in the city of Boynton Beach LAND USE: MeDR, Medium Density Residential POTENTIAL ZONING: “MU-L1”, Mixed Use Low Intensity, 20 dwelling units per acre, in the city of Boynton Beach. Minimum lot size is 0.50 of an acre or 21,780 square feet. FUTURE LAND USE: “MU-L1”, Mixed Use Low Intensity 1, in the city of Boynton Beach CRA DISTRICT: Heart of Boynton APPRAISAL PURPOSE: To develop an opinion of market value INTEREST APPRAISED: Fee simple CURRENT USE: Vacant HIGHEST AND BEST USE: Currently: possibly 3 dwelling units Future: Assemblage with adjacent lots for a multi- family project with a density of up to 20 dwelling units per acre VALUE BY THE SALES COMPARISON APPROACH: 15,068 square feet x $41.70 per square foot = SIX HUNDRED TWENTY-EIGHT THOUSAND DOLLARS $628,000 12 1367 SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS (Continued) VALUATION DATE: February 13, 2026 Exposure Time: 12 months prior to selling at the appraised value. Marketing Time: 12 months immediately following the effective date of appraisal during which time the subject property should sell at the appraised value. 13 1368 DESCRIPTIONS, ANALYSES, CONCLUSIONS 14 1369 15 1370 16 1371 17 1372 18 1373 19 1374 20 1375 21 1376 22 1377 23 1378 24 1379 25 1380 26 1381 27 1382 28 1383 29 1384 30 1385 31 1386 32 1387 SALES COMPARISON APPROACH LAND VALUATION 33 1388 34 1389 35 1390 VACANT LAND SALES SALE NO. 1 LEGAL DESCRIPTION South 75 feet of Lot 1, Block 4, THE MEEKS AND ANDREW ADDITION TO BOYNTON FLA, Plat Book 5, page 84, Palm Beach County, FL RECORDED O. R. Book 36039, page 475, Palm Beach County, FL GRANTOR Shirley A. Waters, et al GRANTEE Bride of Christ Tabernacle, Inc. DATE OF SALE September 19, 2025 LOCATION 236 NE 11 Avenue Boynton Beach, FL ZONING “R-2”, One & Two family residential SALE PRICE $120,000 LAND SIZE 3,484 square feet UNITS OF COMPARISON $34.44 per square foot PARCEL CONTROL NO. 08 43 45 21 22 003 0012 CONDITIONS OF SALE Cash sale. Arm’s length transaction. COMMENTS Small vacant site purchased by a property owner in the same block who is assembling land. Grantor Shirley Waters also owns the appraised property. 36 1391 AERIAL VIEW OF LAND SALE 1 236 NE 11 AVENUE BOYNTON BEACH, FL 37 1392 VACANT LAND SALES SALE NO. 2 LEGAL DESCRIPTION Model Land Sales Co. Sub, S 150 Ft. of N 405 Ft. of W 175 Ft. of Tract 33 (less W 25 Ft. for Boutwell Rd R/W), Section 20, Township 44 South, Range 43 East, Palm Beach County, Florida RECORDED O. R. Book 34725, Page 733, Palm Beach County, FL GRANTOR Creative Financing, LLC GRANTEE Lassco Development, Inc. DATE OF SALE December 12, 2023 LOCATION 3322 Boutwell Road, Lake Worth, Florida ZONING “MU-W” Mixed Use West (38-Lake Worth Beach) SALE PRICE $550,000 LAND SIZE 15,751 square feet UNITS OF COMPARISON $34.92 per Square Foot of Land PARCEL CONTROL NO. 38-43-44-20-01-033-0060 CONDITIONS OF SALE Arm’s length transaction included a Purchase Money Mortgage for $275,000. COMMENTS Older house built in 1955 to be demolished. Site to be redeveloped with 18 apartments. 38 1393 LAND SALE 2 3322 BOUTWELL ROAD LAKE WORTH, FLORIDA 39 1394 VACANT LAND SALES SALE NO. 3 LEGAL DESCRIPTION Part of Parcel “N”, S M C Plat, Plat Book 72, page17, less parts for rights-of-way, Broward County, FL RECORDED Instrument No. 120348590 GRANTOR Hutton Growth Blue Sky LLC GRANTEE Green Mills Holdings LLC DATE OF SALE July 28, 2025 LOCATION 750 South State Road 7 Plantation, FL ZONING SPI-2, Special Public Interest District, Subdistrict 4- B-HC, Hybrid Commercial SALE PRICE $1,425,000 LAND SIZE 33,967 square feet UNITS OF COMPARISON $41.95 per square foot FOLIO NUMBER 50 42 07180020 CONDITIONS OF SALE Cash sale. Arm’s length transaction. CONFIRMED Office of closing attorney Janette Darnell COMMENTS Land was purchased to construct at least 75 affordable housing units for seniors. Plantation City Council approved a Catalytic Loan of $700,000 to support the development of the housing project. 40 1395 LAND SALE 3 750 SOUTH STATE ROAD 7 PLANTATION, FL 41 1396 VACANT LAND SALES SALE NO. 4 LEGAL DESCRIPTION Parcel “A”, A and E SUBDIVISION, Plat Book 64, page 31, Broward County, FL RECORDED Instrument No. 120553762 GRANTOR Bill Bolvin et al GRANTEE Plantation Community Redevelopment Agency DATE OF SALE November 17, 2025 LOCATION 4367 Peters Road Plantation, FL ZONING SPI-2, Special Public Interest District, Subdistrict 4- HC, Hybrid Commercial SALE PRICE $616,000 LAND SIZE 14,950 square feet UNITS OF COMPARISON $41.20 per square foot FOLIO NUMBER 50 41 12 15 0010 CONDITIONS OF SALE Cash sale. Arm’s length transaction. CONFIRMED Glendon Hall, Community Redevelopment Administrator COMMENTS Prior sale in April, 2022 for $475,000, indicating a change in market conditions of 8.5% per year. Plantation CRA purchased the land to construct affordable housing units. 42 1397 LAND SALE 4 4367 PETERS ROAD PLANTATION, FL 43 1398 VACANT LAND SALES SALE NO. 5 LEGAL DESCRIPTION Parts of Lots 14, 15, 16, 17, 18, Block 49, OAKLAND PARK SECOND ADDITION, Plat Book 1, page 39, Broward County, FL RECORDED Instrument Nos. 120354087 & 120374213 GRANTOR Alexander Soto et al GRANTEE JCDEV1 LLC DATE OF SALE July 18, 2025 & November 5, 2025 LOCATION 3361 & 3381 NE 11 Avenue Oakland Park, FL ZONING “DCW”, Dixie Highway Corridor – West (mixed use) SALE PRICE $925,000 (total) LAND SIZE 18,795 square feet (total) UNITS OF COMPARISON $49.22 per square foot FOLIO NUMBER 49 42 23 05 1200 & 1210 CONDITIONS OF SALE Cash sale. Arm’s length transaction. CONFIRMED Daniel Lubbers, listing broker COMMENTS Land purchased to construct multi-family housing. . 44 1399 LAND SALE 5 3361 & 3381 NORTHEAST 11 AVENUE OAKLAND PARK, FL 45 1400 LAND SALE COMPARISON & ADJUSTMENT CHART TRANSACTIONAL ADJUSTMENTS LAND SALE PRICE SALE LAND SIZE ZONING Market Conditions Market Adjusted Adjusted Price SALE PRICE/ SF DATE Sq.Ft.+5%/year Sale Price Per Sq.Ft. 1 236 NE 11TH Avenue $120,000 9/19/2025 3,484 "R-2"$2,520 $122,520 $35.17 Boynton Beach, Florida $34.44 +2.10% 2 3322 Boutwell Road $550,000 12/12/2023 15,751 "MU-W"$59,675 $609,675 $38.71 Lake Worth, Florida $34.92 +10.85% 3 750 South State Road 7 $1,425,000 07/28/2025 33,967 "SP-1"$41,325 $1,466,325 $43.17 Plantation, Florida $41.95 +2.90% 4 4367 Peters Road $616,000 11/17/2025 14,950 "SP-1"$7,700 $623,700 $41.72 Plantation, Florida $41.20 +1.25% 5 3361 & 3381 NE 11th Avenue $925,000 11/05/2025 18,795 "DCW"$11,563 $936,563 $49.83 Oakland Park, Florida $49.22 +1.25% SUBJECT Value Unit Value 221 NE 9th Avenue $628,000 02/13/2026 15,068 "R-2"------------$41.70 Boynton Beach, Florida 46 1401 SALES COMPARISON APPROACH LAND VALUATION Of the several methods to develop an opinion of land value, the one considered the most reliable is the Sales Comparison Approach. In this method, sales of similar vacant parcels are compared to the site concerned; then adjusted for differences to arrive at land value. The steps of Sales Comparison in Land Valuation are: 1) Locate and collect information of recent sales of sites most similar to the land being appraised. 2) Verify the sales information with the most reliable sources, including details of financing and any special considerations or non-typical market features. 3) Select relevant units of comparison and develop a comparative analysis. 4) Compare and adjust the sales to the subject using significant, market-derived units of comparison. 5) Reconcile all value indications from the comparisons into a value opinion by this approach. The appraised property consists of two platted lots at 221 NE 9 Avenue, Boynton Beach, FL. Land size is approximately 15,068 square feet; zoning is “R-2”, one or two-user dwelling in the city of Boynton Beach, FL. Highest and best use for the appraised property is to assemble it with adjacent lots for a residential project with a maximum density of 20 dwelling units per acre. Fee simple interest of the market value of the land is developed in this Sales Comparison Approach. Assembling smaller lots to form a parcel with a size sufficient to construct an attached dwelling or multi-family project is a trend in older, densely populated market areas. The Boynton Beach Community Redevelopment Area has numerous successful projects like this such as Heart of Boynton Village and Shops, Cottage District and Ocean Breeze East. The appraised property and adjacent parcels are poised for another fruitful development. Hence, a property-by-property search was made to find recent sales of sites in the immediate subject market area that would have a similar highest and best use as the subject. Land Sale 1, a few blocks north of the subject, was purchased as part of an assemblage by a property owner in the area. The search was widened to similar areas of Delray Beach to the south and Lake Worth to the north. One smaller site was located that will be improved with a multi-family project. The search was expanded through a larger market area including Broward County. Three additional sales were found. The five presented in this valuation section are representative of the market for smaller sites that will be developed as part of an assemblage or standalone for medium density multi-family projects. Details of the transactions are on the sale sheets and chart. The unit of comparison used by buyers and sellers of this type of property is the Sale Price per Square Foot of Land. The range of unit prices of the sales is from $34.44 to $49.22 per square foot, before adjustment. (Continued) 47 1402 SALES COMPARISON APPROACH (Continued) ELEMENTS OF COMPARISON Elements of comparison are the characteristics of transactions and properties that cause variation in prices paid for real estate. The Appraisal of Real Estate states that there are several basic elements of comparison that may be considered in sales comparison analysis for land valuation. The first group is termed transactional elements being: real property rights conveyed, financing terms, conditions of sale and market conditions. Adjustments for transactional elements are made, then, attention is focused on the second group, property elements. This second group of property elements consists of location, physical characteristics and use. Real Property Rights Conveyed A transaction price is always predicated on the real property interest conveyed. Property interests conveyed can either be fee simple (without tenants) or leased fee (subject to leases). An adjustment for property rights conveyed is based on whether a leased fee interest was sold with leases at, below, or above market rent. The interest valued for the subject property is fee simple. The sales were all conveyances of fee simple interests without leases or easements which were significant enough to affect the price. No adjustment is necessary for this element of comparison. Financing Terms Financing terms may have a bearing on the price paid for a property. Such terms that may affect price include assuming a mortgage at lower than current interest rates, the seller paying a buydown for the buyer to have a lower interest rate, or the seller providing financing for a transaction at lower than typical institutional rates. In all of these cases, the buyer could have paid higher prices in such transactions to obtain favorable financing. The reverse is also a possibility in which lower sale prices result from above market financing. Land Sales 1, 3, 4 and 5 were in cash, the typical way of purchasing small tracts of land. The seller of Land Sale 2 financed the sale by a purchase money mortgage at a 50% loan to price ratio. Such a mortgage is common for the buyer to acquire a tract of land while working on construction plans and securing financing for the project. No adjustment is made for this element of comparison. Conditions of Sale Condition of sale addresses the motivation of buyers and sellers. Such motivations include a seller accepting a lower than market price for needed cash, a lender selling a previously foreclosed property to comply with regulations imposed on the institution, or a buyer purchasing an adjacent property. Even arm's length transactions may be the result of atypical motivation, such as lack of exposure time to the market, the result of an eminent domain proceeding, or tax consideration. (Continued) 48 1403 SALES COMPARISON APPROACH (Continued) None of the land sales are transactions by lenders after foreclosures of prior mortgages on the properties. Grantee of Land Sale 1 is a place of worship that owns other properties in the same block for an on-going assemblage. Even though this parcel is small with limited functional utility, the purchase enlarges the grantee’s holdings. Thus, no adjustment is made for conditions of sale to No. 1. The grantee of Sale 4 is the Plantation, FL Community Redevelopment Agency. Reportedly, the sale was a negotiated transaction with typical market conditions of sale. Conditions of sale for the other properties were also typical for the market with no adjustments necessary. 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. Four of the sales occurred in later 2025; one closed in December, 2023. Land Sale 4 had a paired sale showing an annual increase of 8.5%. The upward trend in real estate prices is due in large part to scarcity of developable parcels. The steep increase that occurred in the recent past leveled off. From that time to present, there have been few transactions, with the price tendency moving up at a moderate rate of 5% per year, more than the inflation rate. Each of the sales is adjusted upward 5% per year for market conditions to the effective date of appraisal. The amounts of the adjustments are shown on the chart. Adjustments for transactional elements of comparison were considered; now, property elements of comparison are addressed. Location The location of a property is a key factor in prompting a buyer to purchase it. Location encompasses many aspects such as zoning, 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. Land Sale 1 is located in the immediate subject market area in the Heart of Boynton. Sale 2 is in the Lake Worth area fronting a neighborhood thoroughfare south of 10th Avenue North. Sales 3, 4 and 5 are in central Broward County. No. 3 has the more prominent location fronting State Road 7, a principal arterial. (Continued) 49 1404 SALES COMPARISON APPROACH (Continued) Sales 1, 2, 4 and 5 have secondary locations compared to No. 3; however, the unit price for Sale 3 is in the range of the other transactions. The more important factor for this element of comparison is that all of the sales and subject have the potential of being improved with a density greater than in a single family residential district. There are some locational differences among the data set; however, with very few land sales of this type, the variances are not significant enough to make adjustments for locality. Physical Characteristics Physical characteristics to be considered for adjustments are those that cause a difference in price to be paid by the market. A wide range of such items includes land size, shape, frontage, depth, topography, view, access, functional utility, degree of readiness for development, et cetera. The size of the appraised land is approximately 15,068 square feet. Land Sales 2, 4 and 5 are closest in size to the subject. Sale 1 is the smallest of the group; No. 3 is the largest. The size range is from 3,484 to 33,967 square feet, all less than one acre. As mentioned, the trend is to maximize the density on land that is available for purchase. There does not appear to be a direct relationship between land size and price per square foot. Availability of a site is more of a determiner of price than the size. A project can be designed to fit the size of the site. Again, with little vacant land for sale in the eastern parts of the South Florida counties, there is not a strong basis to make adjustments for physical characteristics. Use For properties to be comparable, they should have similar uses. Highest and best use for the subject is for an attached or multi-family residential project of 20 dwelling units per acre. The sales have a similar highest and best use of a residential project with density greater than single family development. No adjustment is made for the element of comparison of use. FINAL VALUE OPINION Following is a summary of the adjusted square foot unit sale prices for the sales. Sale No. Adjusted Sale Price/ SF 1 $35.17 2 $38.71 3 $43.17 4 $41.72 5 $49.83 The land sales are adjusted for market conditions. With adjustments made, equal emphasis is placed on each sale. The mean of the data set is $41.70 per square foot of land; the median is almost the same at $41.72 per square foot. The unit value for the appraised propert y is $41.70 per square foot of land. (Continued) 50 1405 SALES COMPARISON APPROACH (Continued) The quantity of the comparable data is sufficient to have an overview of the market for medium density (20 units per acre), residentially zoned land in the subject market area. The quality of the data is good in that it provides a sound basis to develop an opinion of value for the property under appraisement. Based on the analysis and conclusions presented within the report, it is our opinion that the Market Value of the Fee Simple Estate of the Subject Propert y, as of February 13, 2026 is as follows. SIX HUNDRED TWENTY-EIGHT THOUSAND DOLLARS $628,000 51 1406 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 appraised 221 NE 9 Avenue, Boynton Beach, FL on February 1, 2024. My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute. The analyses, opinions and conclusions were also developed and the report prepared in conformity with the Uniform Standards of Professional Appraisal Practice, which is included in the Appraisal Institute's Standards, and Chapter 475, Part II F.S. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. The use of this report is (also) subject to the requirements of the State of Florida relating to review by the Florida Real Estate Appraisal Board. I have visited the property that is the subject of this report on February 9, 2026. 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. February 13, 2026 Jesse B. Vance, Jr., MAI, SRA, ASA Florida State-Certified General Real Estate Appraiser No. RZ-85 February 13 , 2026 Claudia Vance, MAI Florida State-Certified General Real Estate Appraiser No. RZ-173 52 1407 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 February 13, 2026 Claudia Vance, MAI State-Certified General Real Estate Appraiser No. RZ 173 February 13, 2026 53 1408 ADDENDA 54 1409 55 1410 56 1411 ZONING MAP APPRAISED LAND: R-2, ONE & TWO DWELLING UNITS 57 1412 FUTURE LAND USE MAP APPRAISED PROPERTY: MEDR, MEDIUM DENSITY RESIDENTIAL 58 1413 APPRAISED LAND: 221 NE 9 AVENUE, BOYNTON BEACH, FL BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PLAN RECOMMENDED LAND USE 59 1414 E. R-2 Single and Two-family Residential District. 1. General. The purpose of the R-2 zoning district is to implement the medium density residential (MeDR) future land use map (PLUM) classification ofthe Comprehensive Plan. The intent of this conventional district is to stabilize and protect existing residential neighborhoods with densities no greater than ten (1 0) dwelling units per acre, and allowing limited types of non- residential uses. 2. Use(s) Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.D. 3. Building and Site Regulations (Table 3-9). Existing and/or planned single-family homes shall conform to the R-1 district requirements; however, for duplex homes, the following lot and building requirements shall be observed: · BUILDING/SITE REGULATIONS R -2 District Minimum lot area (per unit): . 1 4,500 s.f. Minimum lot frontag~: 75 feet Minimum yard setbacks: Front: 25 fee~ Rear: 25 feet 3 Interior side: 10 fee~ Comer side: 25 feet2 •3 Minimum living area: 750 s.f. Maximum lot coverage: 40% Maximum Floor Ratio Area (FAR) 0.104 Maximum structure height: 25 feet5 Single-family dwellings shall be constructed on lots that are no less than six thousand (6,000) square feet. 2 Pursuant to Section 8.B. below, parcels that have frontage on Martin Luther King Jr. Boulevard and are located within the Martin Luther King Boulevard Overlay Zone shall have front, side interior, and side comer setbacks in accordance with the mixed use-low intensity 1 zoning district (see Section 6.H. below). 3 On comer lots, the side setback adjacent to the street shall be not less than one-half (I /2) the front yard setback. However, where orientation of adjacent lots on both street frontages provide typical front yard setbacks, the comer lot shall provide for front yard setbacks along both streets. When two (2) front yard setbacks are provided for on a comer lot, no rear yard setback shall be required, only side yard setbacks shall be imposed. 4 A floor area ratio (FAR) up to 0.10 may be considered for non-residential uses allowed within the R-2 district (see "Use Matrix"-Chapter 3, Article IV, Section 3), pursuant to the medium density residential land use category of the Comprehensive Plan. 5 Not to exceed two (2) stories. 60 1415 D. R-1 Single-family Residential District. 1. General. The purpose of the R-1 zoning district is to implement the moderate density residential (MoDR) future land use map (FLUM) classification of the Comprehensive Plan. The intent of this conventional district is to encourage single-family dwellings and structures at densities no greater than seven and one-half (7 .5) dwelling units per acre, and allowing limited types of non-residential uses. 2. Use(s) Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.D. 3. Building and Site Regulations (Table 3-8). The following lot and setback requirements shall be observed: BUILDING/SITE REGULATIONS R -1 District Minimum lot area: f 6,000 s.f. Minimum lot frontage: 60 feet Front: 25 feet Rear: 20 feet Special rear yard setback reduction for single-story building additions: 1 Abutting: I-95 or railroad tracks: 50% Abutting: Intracoastal: 50% Abutting: Lakes: 50% Abutting: Golf Course: 50% Abutting: Canals wider than 150ft 50% Abutting: Canals narrower than 150 ft 33% Abutting: Perimeter walls of community that abut other than residential: Abutting: Commercial or Industrial 50% Abutting: Public or private park: 50% Interior side: 7.5 feet Comer side: 25 fee~ Minimum living area: 1,200 s.f. Maximum lot coverage: 50% Maximum structure height: 30 feet 61 1416 . Aitnctgm.zoN~NoDIS'flUcm ANP·oYE&tAXmt®: ~ARTICLE III. ZONING DISTRICTS AND OVERLAY ZONES .. ~Sec. 1. Overview. A. General. Pursuant to Chapter 1, Article III, Section 5.B., any given parcel of land in the city shall have a zoning district that corresponds with the future land use map (PLUM) classification of the Comprehensive Plan. B. Residential Building and Site Regulations (!'able 3-1). R-1 R-1 R-1 R-1 R-2 R-3 IPUD PUD MHPD RESIDENTIAL AAB AA A Duplex Multi Density (dwelling units 5 5.5 6 7.5 10 Flexible13 Flexible13 Flexible13 Flexible13 per acre): Project Area, Minimum N/A N/A N/A N/A N/A N/A 1 to 5 5+ 10+ (acres) I Lot Area per unit, 8 00011 4 00015 Flexible10 Flexible10 4,200 i 9,000 7,500 6,000 4,500 I , I Minimum (square feet): , Lot Frontage, Minimum 90 75 60 60 75 100 Flexible10 Flexible10 N/A (feet): Living Area, Minimum 1,800 1,600 1,400 1,200 750 750 750 750 N/A AIC (square feet): Lot Coverage, Maximum: 45% 45% 45% 50% 40% 40% 50% N/A N/A Floor-Area-Ratio (FAR) N/A N/A N/A N/A 0.106 N/A 0.206 N/A N/A for Non-Residential, 621417 Maximum: Structure Height, 30 30 30 30 257 458 459 458 30 Maximum (feet): Building Setbacks, Minimum (feet): Front: 25 25 25 25 25 40 Flexible5 Flexible5 20 Interior side: 10 lOll 7.5 7.5 10 20 Flexible5 Flexible5 5 Comer side: 254 254 254 254 254 40 Flexible5 Flexible5 1014 Rear: 204 204 204 204 254 40 Flexible5 Flexible5 1014 Special rear yard setback reductions for 1-story Maximum Percentage of Reduction: building additions abutting: I -95 or railroad tracks: 50% 50% 50% 50% NIA N/A N/A N/A N/A Intracoastal Waterway 50% 50% 50% 50% N/A N/A N/A N/A N/A (ICWW): Lake: 50% 50% 50% 50% N/A N/A N/A N/A N/A Golf course: 50% 50% 50% 50% N/A N/A N/A N/A N/A Canal wider than 150 50% 50% 50% 50% N/A N/A N/A N/A N/A feet: Canal narrower than 33% 33% 33% 33% N/A N/A N/A N/A N/A 150 feet: Commercial/industrial: 50% 50% 50% 50% N/A NIA N/A N/A N/A Public/private park: 50% 50% 50% 50% N/A N/A N/A N/A N/A ----631418 --~) W Sec. 11. Nonconfonning Regulations. A. Lots and Parcels. 1. R-1 District, R-IA District, R-2 District, and R-3 District. A detached single-family dwelling may be constructed on any parcel located in an R-1, R-IA, R-2, or R-3 district, provided that it meets all of the following requirements: a. The parcel contains at least one (1) whole platted lot, platted prior to August 7, 2001; b. The parcel, or assemblage of platted parcels which individually meet the requirements of paragraph a. above, has a frontage of not less than fifty (50) feet, and a lot area of not less than five thousand (5,000) square feet (irregular, other than rectangle-shaped lots with less than five thousand ( 5,000) square feet of area may be developed if in confonnance with all other lot regulations); c. All such parcels, when developed, shall comply with all provisions of the Land Development Regulations and applicable building code regulations, including without limitation sections of the building code regulations regarding the impact of construction and drainage on or to adjacent properties. --4). 2. R-2 District. Within R-2 districts, in subdivisions platted prior to the effective date of these Regulations, where the platted lots have a frontage of at least forty ( 40) feet but less than fifty (50) feet, the following rules shall apply: a. A detached single-family dwelling may be constructed on any such parcel, provided that the parcel contains at least one (1) whole platted lot. b. A duplex dwelling may be constructed on any parcel, provided that it meets the following requirements: (1) The parcel contains at least two (2) whole platted lots; (2) Property cannot be acquired from adjacent parcels so as to make the subject parcel conforming, without causing the adjacent parcels to become nonconforming or more nonconfonning. c. For any parcel, lot, or combination oflots, where the total frontage is equal or greater than one hundred twenty (120) feet, and the total area is greater than twelve thousand (12,000) square feet, said property shall not be developed except in accordance with the minimum frontage and lot area required in the R-2 zoning district. d. Ownership of parcels shall be determined by the property tax rolls on file in the Palm Beach County Property Appraiser's Office as of the effective date of these Regulations. 3. R-1AA District. A detached single-family dwelling may be constructed on any parcel located in an R-1AA district, without requiring a variance, provided that it meets the following requirements: a. The parcel contains at least one (1) whole platted lot. b. The parcel has a frontage of not less than sixty (60) feet, and a lot area of not less than six thousand, seven hundred fifty (6, 750) square feet in area. c. It would not be possible to acquire property from adjacent parcels so as to make the subject parcel conforming, without causing the adjacent parcels or structures thereon to become nonconforming or more nonconfonning. For any parcel or lot, or combination oflots under the same ownership, where the total frontage and the total area is equal to or greater than that which is required by the R-1AA district building and site regulations, said property shall not be developed except in accordance with the minimum frontage and lot area required in the particular zoning district. Not more than one (1) parcel or lot, or combination oflots under the same ownership, that is nonconforming but which meets the requirements under b. above may be developed for a single- family house. 64 1419 -------------~-------------------------~--~---- ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS Page 1 of3 Q Sec. 2. Standards. A. General. 1. Rules and Methodology. a. Parking space requirements shall be computed on the basis of the principal use of a structure or lot, and using gross floor area unless stated otherwise in this article. Gross floor area, for the purposes of this subsection, shall include the floor area occupied by the principal use, plus the floor area occupied by all other enclosed spaces, including but not limited to storage rooms, maintenance and mechanical rooms, offices, lounges, restrooms, lobbies, basements, mezzanines, and hallways. b. Where several principal uses exist in one (1) structure or on one (1) lot, parking space requirements shall be computed separately for each principal use, unless stated otherwise in this article. Where parking spaces are required in this article for each of several principal uses that commonly occur together, this is done for the purpose of clarification only, and shall not limit the application of the requirement contained in this paragraph. c. A use shall be considered a principal use, for the purposes of this subsection, if it could exist separately from all other uses in the same structure or on the same lot, and would by itself generate significant parking demand. d. Where several principal uses exist in one (1) building or part of a building, and the floor area of each principal use cannot be clearly delineated, the parking space requirement for the use requiring the greatest number of parking spaces shall apply. e. Where a use is not listed below, parking space requirements shall be determined by the City Commission after review and recommendation by the Director of Planning and Zoning or designee. f. Where the number of required parking spaces as computed includes a fraction, the number of required parking spaces shall be the computed number rounded to the next highest whole number. g. Except as provided in Section 3.E. below, there shall be provided, at the time of the erection of any structure or establishment of any use, a number of off-street parking spaces in accordance with the following minimum requirements, and subject to the parking requirements of this subsection. Where a structure or use is enlarged or increased in capacity by any means, including a change in building occupancy which requires the provision of additional parking spaces, or a change in use to or which requires additional parking spaces, the minimum number of parking spaces shall be computed by applying these requirements to the entire structure or use. 2. Minimum Number of Required Off-Street Spaces for Non-Residential Uses. No fewer than four ( 4) parking spaces shall be provided for any non-residential use. 3. Location of Off-Street Parking Areas. a. Residential. Required parking spaces for all dwellings shall be located on the same lot as the dwelling to be served. b. Non-residential. Required parking spaces for all non-residential uses shall be owned by the owner of the building or lot to be served, and shall be located on the same lot, or not more than three hundred (300) feet distance, unless the property is located within those areas defmed within the adaptive re-use section of the Code (Chapter 4, Article 5, Section 4). In those areas, required parking spaces may be leased within three hundred (300) feet of the use in which they serve, subject to Board and City Commission approval, and the property shall be posted with signage indicating to patrons the location of the leased parking. B. Table 4-17. Residential and Lodging Uses. Residential and Lodging Uses Standard Number of Required Parking Spaces http://www.amlegal.com/nxt/gateway.dll/Floridalboynton/partiiilanddevelopmentregulation ... 65 1420 ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS Page 2 of3 Building area size is based upon gross floor area (in square feet) unless specifically expressed otherwise. Single-family, duplex dwelling, or mobile home: 21 Efficiency or one (I)-bedroom apartment: 1.5 1,2 Within mixed use high district: 1.33 2 Two (2) or more bedroom apartment: 21,2 Within mixed use high district: 1.661,2 Dormitories: 1 per unit Hotel & motel units containing one (1 )-bedroom: 1.25 per unit Within mixed use high district: 1 per unit Hotel & motel suite containing two (2) or more 2 per unit bedrooms: Within mixed use high district: 1 per unit Group home (types 1 through 4): 1 per 3 beds Bed & breakfast: 13 Live/work unit: 1 per 2 units 4 1 Residential driveways shall satisfy the parking space requirements for single-family detached dwelling units, duplexes, and multi-family dwelling units containing garages, provided such driveways are of sufficient size to meet the parking space requirements of this subsection. A residential driveway of sufficient size shall be provided prior to the issuance of a certificate of occupancy. For all required parking spaces not located within an enclosed garage, the first parking space shall be the minimum size required for a handicap space, exclusive of public or private rights-of-way, and all other required spaces must be dimensioned in accordance with current city standards. All driveways shall be setback at least two (2) feet from interior side and comer side property lines, and maintained and drained so as to prevent nuisance conditions or a danger to the public and/or adjacent property owners. Any expansion to an existing driveway shall require a zoning permit from the Planning and Zoning Division in accordance with the procedures specified in Chapter 2, Article II, Section 5.B.; however, any driveway expansion (or similar impervious surface) that is equal to or greater than eight hundred (800) square feet shall require the approval of a land development permit in accordance with Chapter 2, Article III, Section 3. Any work, such as a driveway, proposed within the swale (right-of-way) shall require a permit from the Engineering Division in accordance with the procedures specified in Chapter 2, Article Ill, Section 4. 2 Guest parking shall be provided at a rate of0.15 spaces per unit for residential developments consisting of three (3) or more dwelling units. 3 Required parking shall be calculated on the basis of one (1) space per each employee, manager, or owner and one (1) parking space for each guest unit. Newly created parking may be located only in the rear and side yard. http://www.arnlegal.com/nxt/gateway.dll/Floridalboynton/partiiilanddevelopmentregulation ... 66 1421 ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS Page 3 of3 4 In addition to the required parking for the residential unit, the city requires that one (1) parking space per two (2) live/work units be provided to meet business activity needs. Parking provided to meet this requirement shall be located on the lot, built into or under the structure, or within three hundred (300) feet of the unit in which the use is located. The distance shall be a straight line measurement from a point on the boundary line of the property of the subject unit to the closest boundary line of the property on which the parking is located. Parking provided to accommodate said space, including driveways of adequate depth in front of the unit's garage, shall not serve as meeting required parking for the unit's residential use. http:/ /www.arnlegal.com/nxt/ gateway .dll/Floridalboynton/partiiilanddevelopmentregulation... 1/8/2015 67 1422 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. 68 1423 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) 69 1424 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; 70 1425 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. 71 1426 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. 72 1427 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 73 1428 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. 74 1429 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 75 1430 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 76 1431 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 77 1432 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 78 1433 PURCHASER’s Initials: ______ SELLERS’ Initials: ______, ______,______,______,______,______ 00704498-1 S.A.W. S.N. S.L.W. J.K. P.K. M.L.K. 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 SHIRLEY A. WATERS (a widow) SUSAN NAPIER, SAMUEL L. WATERS, Jr., JESSICA KING, PENELOPE KING, MICHAEL L. KING (all hereinafter referred to as “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: 221 NE 9th Avenue, Boynton Beach, FL 33435 PCN 08-43-45-21-18-000-1670 Lots 167 and 168, ARDEN PARK ADDITION, to the City of Boynton Beach, Florida as recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, as in Plat Book 2, Page 96, Deed Book 965, Page 310 and Deed Book 1064, Page 180. 2. PURCHASE PRICE AND PAYMENT. The Purchase Price to be paid for the Property shall be Six Hundred Twenty-Eight Thousand Dollars ($628,000.00), payable in cash, by wire transfer of United States Dollars at the Closing. 3. DEPOSIT. 3.1 Earnest Money Deposit. Within five (5) Business Days after the execution of the Purchase Agreement by both parties, PURCHASER shall deliver to Lewis, Longman & Walker, PA (“Escrow Agent”) a deposit in the amount of Five Thousand Dollars ($5,000.00) (the “Deposit”). 3.2 Application/Disbursement of Deposit. The Deposit shall be applied and disbursed as follows: The Deposit shall be delivered to SELLER at Closing, and the PURCHASER shall receive credit for such amount against the Purchase Price. If this Agreement is terminated during the Feasibility Period (hereinafter defined) for any reason, the Deposit shall be immediately refunded to the PURCHASER. If this Agreement is terminated due to a default pursuant to Section 12, the Deposit shall be delivered to (or retained by, as applicable) the non-defaulting Party, and the non-defaulting Party shall have such additional rights, if any, as are provided in Section 12. SAW SKN SLW JKP PKP Electronically Signed using eSignOnline™ [ Session ID : f6ac3b53-6bc0-46a2-95f9-9e72c5646826 ] SAW SKN SLW JKP PKP Electronically Signed using eSignOnline™ [ Session ID : f6ac3b53-6bc0-46a2-95f9-9e72c5646826 ]Electronically Signed using eSignOnline™ [ Session ID : cd45df8c-74eb-4469-82f3-79e6a6aab04b ]Electronically Signed using eSignOnline™ [ Session ID : cd45df8c-74eb-4469-82f3-79e6a6aab04b ]Electronically Signed using eSignOnline™ [ Session ID : 731d2942-d603-478a-9654-ba28b8151943 ] 1434 Purchase and Sale Agreement Page 2 of 16 PURCHASER’s Initials: ______ SELLERS’ Initials: ______, ______,______,______,______,______ S.A.W. S.N. S.L.W. J.K. P.K. M.L.K. 4867-9249-5065, 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 on or before July 17, 2026 (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 forty-five (45) days from the Effective Date of this Agreement (“Feasibility Period”), at PURCHASER’s expense, to make inquiries to determine if the Property is suitable for its intended use and to enter upon the Property, at any time and from time to time with reasonable notice to SELLER and so long as said investigations do not result in a business interruption, to perform any and all physical tests, inspections, valuation appraisals and investigations of the Property, including but not limited to Phase I and Phase II investigations, which PURCHASER may deem necessary. During this Feasibility Period, PURCHASER may elect, in PURCHASER’s sole and absolute discretion, to terminate this contract and receive back all deposits hereunder. If PURCHASER elects to terminate this Agreement in accordance with this Section, PURCHASER shall: (i) leave the Property in substantially the condition existing on the Effective Date, subject to such disturbance as was reasonably necessary or convenient in the testing and investigation of the 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, PKPJKPSLWSKNSAW Electronically Signed using eSignOnline™ [ Session ID : f6ac3b53-6bc0-46a2-95f9-9e72c5646826 ] PKPJKPSLWSKNSAW Electronically Signed using eSignOnline™ [ Session ID : f6ac3b53-6bc0-46a2-95f9-9e72c5646826 ]Electronically Signed using eSignOnline™ [ Session ID : cd45df8c-74eb-4469-82f3-79e6a6aab04b ]Electronically Signed using eSignOnline™ [ Session ID : cd45df8c-74eb-4469-82f3-79e6a6aab04b ]Electronically Signed using eSignOnline™ [ Session ID : 731d2942-d603-478a-9654-ba28b8151943 ] 1435 Purchase and Sale Agreement Page 3 of 16 PURCHASER’s Initials: ______ SELLERS’ Initials: ______, ______,______,______,______,______ S.A.W. S.N. S.L.W. J.K. P.K. M.L.K. 4867-9249-5065, v. 1 losses, expenses, demands and liabilities, including, but not limited to, attorney’s fees, for nonpayment for services rendered to PURCHASER (including, without limitation, any construction liens resulting therefrom) or for damage to persons or property (subject to the limitation on practicability provided above) arising out of PURCHASER’s investigation of the Property. However, PURCHASER’s indemnification obligations shall not exceed its statutory limits as provided within Section 768.28, Florida Statutes, and PURCHASER does not waive its sovereign immunity rights. SELLER hereby agrees to indemnify and hold PURCHASER harmless from and against all claims, losses, expenses, demands and liabilities, including, but not limited to, attorney’s fees, for nonpayment for services rendered to SELLER or for damage to persons or property (subject to the limitation on practicability provided above) arising out of PURCHASER’s investigation of the Property. SELLERS’ obligations under this Section shall survive the termination, expiration or Closing of this Agreement. 7.1 Title Review. Within twenty (20) days of the Effective Date, PURCHASER shall obtain, at the PURCHASER’s expense, from a Title Company chosen by PURCHASER (hereinafter “Title Company”), a Title Commitment covering the Property and proposing to insure PURCHASER in the amount of the Purchase Price subject only to the Permitted Exceptions, together with complete and legible copies of all instruments identified as conditions or exceptions in Schedule B of the Title Commitment. Any and all assessments, outstanding utility charges, liens and other matters not constituting Permitted Exceptions shall be paid by Seller prior to or at closing from Seller’s proceeds. PURCHASER shall examine the Title Commitment and deliver written notice to SELLER no later than thirty (30) days after the Effective Date notifying SELLER of any objections PURCHASER has to the condition of title (hereinafter “Title Objections”). If PURCHASER fails to deliver the Title Objections to SELLER within the aforesaid review period, title shall be deemed accepted subject to the conditions set forth in the Title Commitment. If PURCHASER timely delivers the Title Objections, then SELLER shall have thirty (30) days to diligently and in good faith undertake all necessary activities to cure and remove the Title Objections (hereinafter “Cure Period”). In the event that SELLER is unable to cure and remove, or cause to be cured and removed, the Title Objections within the Cure Period, to the satisfaction of PURCHASER, then PURCHASER, in PURCHASER’s sole and absolute discretion, shall have the option of (i) extending the Cure Period and the Closing for one additional thirty (30) day period, or (ii) accepting the title as it then is but using such portion of the Purchase Price as may be necessary to pay and satisfy any mortgages, outstanding utility charges, delinquent property taxes and/or code enforcement and contractors' liens or other recorded claims of lien upon the property, or (iii) canceling and terminating this Agreement, in which case, the Deposit shall be returned to PURCHASER and the Parties shall have no further obligations or liability hereunder, except for those expressly 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 SAW SKN SLW JKP PKP Electronically Signed using eSignOnline™ [ Session ID : f6ac3b53-6bc0-46a2-95f9-9e72c5646826 ] SAW SKN SLW JKP PKP Electronically Signed using eSignOnline™ [ Session ID : f6ac3b53-6bc0-46a2-95f9-9e72c5646826 ]Electronically Signed using eSignOnline™ [ Session ID : cd45df8c-74eb-4469-82f3-79e6a6aab04b ]Electronically Signed using eSignOnline™ [ Session ID : cd45df8c-74eb-4469-82f3-79e6a6aab04b ]Electronically Signed using eSignOnline™ [ Session ID : 731d2942-d603-478a-9654-ba28b8151943 ] 1436 Purchase and Sale Agreement Page 4 of 16 PURCHASER’s Initials: ______ SELLERS’ Initials: ______, ______,______,______,______,______ S.A.W. S.N. S.L.W. J.K. P.K. M.L.K. 4867-9249-5065, v. 1 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 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. 7.3.3 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. 7.3.4 Prior to the Closing Date, SELLER shall execute and deliver to PURCHASER any and all documents and instruments required by PURCHASER, in PURCHASER’s sole and absolute discretion, which: (i) effectuate the transfer to PURCHASER of those Governmental Approvals, or portions thereof which are applicable to the Property, that PURCHASER desires to have assigned to it, and/or (ii) cause the Property to be withdrawn from any Governmental Approvals. No later than thirty (30) days prior to the Closing Date, SELLER shall remedy, restore, and rectify any and all violations of the Governmental Approvals (including , but not limited to, any and all portions of the surface water management system, 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. PKPJKPSLWSKNSAW Electronically Signed using eSignOnline™ [ Session ID : f6ac3b53-6bc0-46a2-95f9-9e72c5646826 ] PKPJKPSLWSKNSAW Electronically Signed using eSignOnline™ [ Session ID : f6ac3b53-6bc0-46a2-95f9-9e72c5646826 ]Electronically Signed using eSignOnline™ [ Session ID : cd45df8c-74eb-4469-82f3-79e6a6aab04b ]Electronically Signed using eSignOnline™ [ Session ID : cd45df8c-74eb-4469-82f3-79e6a6aab04b ]Electronically Signed using eSignOnline™ [ Session ID : 731d2942-d603-478a-9654-ba28b8151943 ] 1437 Purchase and Sale Agreement Page 5 of 16 PURCHASER’s Initials: ______ SELLERS’ Initials: ______, ______,______,______,______,______ S.A.W. S.N. S.L.W. J.K. P.K. M.L.K. 4867-9249-5065, v. 1 8.2. Condition of Property. The physical condition of the Property shall be the same on the date of Closing as on the Effective Date, reasonable wear and tear excepted . 8.3. Pending Proceedings. At Closing, there shall be no litigation or administrative agency or other governmental proceeding of any kind whatsoever, pending or threatened, which has not been disclosed, prior to closing, and accepted by PURCHASER. 8.4. Compliance with Laws and Regulations. The Property shall be in compliance with all applicable federal, state and local laws, ordinances, rules, regulations, codes, requirements, licenses, permits and authorizations as of the date of Closing. 8.5. Occupancy. The property shall be conveyed to the PURCHASER at time of closing unoccupied. 9. CLOSING DOCUMENTS. The PURCHASER shall prepare, or cause to be prepared, the Closing Documents set forth in this Section, except for documents prepared by the SELLER’S Title Company. At Closing, SELLER shall execute and deliver, or cause to be executed and delivered to PURCHASER the following documents and instruments: 9.1. Deed. A Warranty Deed (the “Deed”) conveying to PURCHASER valid, good, marketable and insurable fee simple title to the Property free and clear of all liens, encumbrances and other conditions of title other than the Permitted Exceptions. 9.2 Seller’s Affidavits. SELLER shall furnish to PURCHASER an owner’s affidavit attesting that, to the best of its knowledge, no individual or entity has any claim against the Property under the applicable construction lien law; and that there are no parties in possession of the Property other than SELLER. SELLER shall also furnish to PURCHASER a non-foreign affidavit with respect to the Property. In the event SELLER is unable to deliver its affidavits referenced above, the same shall be deemed an uncured title objection. 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. SAW SKN SLW JKP PKP Electronically Signed using eSignOnline™ [ Session ID : f6ac3b53-6bc0-46a2-95f9-9e72c5646826 ] SAW SKN SLW JKP PKP Electronically Signed using eSignOnline™ [ Session ID : f6ac3b53-6bc0-46a2-95f9-9e72c5646826 ]Electronically Signed using eSignOnline™ [ Session ID : cd45df8c-74eb-4469-82f3-79e6a6aab04b ]Electronically Signed using eSignOnline™ [ Session ID : cd45df8c-74eb-4469-82f3-79e6a6aab04b ]Electronically Signed using eSignOnline™ [ Session ID : 731d2942-d603-478a-9654-ba28b8151943 ] 1438 Purchase and Sale Agreement Page 6 of 16 PURCHASER’s Initials: ______ SELLERS’ Initials: ______, ______,______,______,______,______ S.A.W. S.N. S.L.W. J.K. P.K. M.L.K. 4867-9249-5065, v. 1 10. PRORATIONS, CLOSING COSTS AND CLOSING PROCEDURES. 10.1. Prorations. Assessments, rents, interest, insurance and other expenses of the Property shall be prorated through the day before Closing. PURCHASER shall have the option of taking over existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at Closing shall be increased or decreased as may be required by prorations to be made through the day prior to Closing. Advance rent and security deposits, if any, will be credited to PURCHASER. Taxes shall be prorated based upon the current year’s tax with due allowance made for maximum allowable discount. 10.2 Ad Valorem Taxes. PURCHASER and SELLER shall comply with Section 196.295, Florida Statutes, with respect to the payment of prorated ad valorem taxes for the year of closing into escrow with the Palm Beach County Tax Collector’s Office. In the event that, following the Closing, the actual amount of assessed real property tax on the Property for the current year is higher than any estimate of such tax used for purposes of the Closing, the parties shall re-prorate any amounts paid or credited based on such estimate as if paid in November. This shall survive the Closing. 10.3. Special Assessment Liens. Certified, confirmed and ratified special assessment liens imposed by public bodies as of Closing are to be paid by SELLER. Pending liens as of Closing shall be assumed by PURCHASER. If the improvement has been substantially completed as of the Effective Date, any pending lien shall be considered certified, confirmed or ratified and SELLER shall, at Closing, be charged an amount equal to the last estimate or assessment for the improvement by the public body. 10.4. Closing Costs. PURCHASER shall be responsible for recording the deed and half of all general closing expenses (settlement fee, courier fees, overnight package, etc.). 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 PKPJKPSLWSKNSAW Electronically Signed using eSignOnline™ [ Session ID : f6ac3b53-6bc0-46a2-95f9-9e72c5646826 ] PKPJKPSLWSKNSAW Electronically Signed using eSignOnline™ [ Session ID : f6ac3b53-6bc0-46a2-95f9-9e72c5646826 ]Electronically Signed using eSignOnline™ [ Session ID : cd45df8c-74eb-4469-82f3-79e6a6aab04b ]Electronically Signed using eSignOnline™ [ Session ID : cd45df8c-74eb-4469-82f3-79e6a6aab04b ]Electronically Signed using eSignOnline™ [ Session ID : 731d2942-d603-478a-9654-ba28b8151943 ] 1439 Purchase and Sale Agreement Page 7 of 16 PURCHASER’s Initials: ______ SELLERS’ Initials: ______, ______,______,______,______,______ S.A.W. S.N. S.L.W. J.K. P.K. M.L.K. 4867-9249-5065, v. 1 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. 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. SAW SKN SLW JKP PKP Electronically Signed using eSignOnline™ [ Session ID : f6ac3b53-6bc0-46a2-95f9-9e72c5646826 ] SAW SKN SLW JKP PKP Electronically Signed using eSignOnline™ [ Session ID : f6ac3b53-6bc0-46a2-95f9-9e72c5646826 ]Electronically Signed using eSignOnline™ [ Session ID : cd45df8c-74eb-4469-82f3-79e6a6aab04b ]Electronically Signed using eSignOnline™ [ Session ID : cd45df8c-74eb-4469-82f3-79e6a6aab04b ]Electronically Signed using eSignOnline™ [ Session ID : 731d2942-d603-478a-9654-ba28b8151943 ] 1440 Purchase and Sale Agreement Page 8 of 16 PURCHASER’s Initials: ______ SELLERS’ Initials: ______, ______,______,______,______,______ S.A.W. S.N. S.L.W. J.K. P.K. M.L.K. 4867-9249-5065, v. 1 11.7 SELLER has no actual knowledge nor has SELLER received any notice of any litigation, claim, action or proceeding, actual or threatened, against SELLER or the Property by any organization, person, individual or governmental agency which would affect (as to any threatened litigation, claim, action or proceeding, in a materially adverse fashion) the use, occupancy or value of the Property or any part thereof or which would otherwise relate to the Property. 11.8 SELLER represents that it has no actual knowledge, nor has it received any notice that the Property has been, is presently or is contemplated to be utilized as a reservoir of hazardous material. As used herein, the term "Hazardous Material" shall mean any substance, water or material which has been determined by any state, federal or local government authority to be capable of posing a risk of injury to health, safety and property, including, but not limited to, all of those materials, wastes and substances designated as hazardous or toxic by the U.S. Environmental Protection Agency, the U.S. Department of Labor, the U.S. Department of Transportation, and/or any other state or local governmental agency now or hereafter authorized to regulate materials and substances in the environment (collectively "Governmental Authority(ies)"). 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 PKPJKPSLWSKNSAW Electronically Signed using eSignOnline™ [ Session ID : f6ac3b53-6bc0-46a2-95f9-9e72c5646826 ] PKPJKPSLWSKNSAW Electronically Signed using eSignOnline™ [ Session ID : f6ac3b53-6bc0-46a2-95f9-9e72c5646826 ]Electronically Signed using eSignOnline™ [ Session ID : cd45df8c-74eb-4469-82f3-79e6a6aab04b ]Electronically Signed using eSignOnline™ [ Session ID : cd45df8c-74eb-4469-82f3-79e6a6aab04b ]Electronically Signed using eSignOnline™ [ Session ID : 731d2942-d603-478a-9654-ba28b8151943 ] 1441 Purchase and Sale Agreement Page 9 of 16 PURCHASER’s Initials: ______ SELLERS’ Initials: ______, ______,______,______,______,______ S.A.W. S.N. S.L.W. J.K. P.K. M.L.K. 4867-9249-5065, v. 1 operation of, or title to the Property or any portion thereof and SELLER has not granted or is not obligated to grant any interest in the Property to any of the foregoing entities. 11.13.2 There are no facts believed by SELLER to be material to the use, condition and operation of the Property in the manner that it has been used or operated, which it has not disclosed to PURCHASER herein, including but not limited to unrecorded instruments or defects in the condition of the Property which will impair the use or operation of the Property in any manner. 11.13.3 To the best of SELLER’S knowledge, the Property and the use and operation thereof are in compliance with all applicable county and governmental laws, ordinances, regulations, licenses, permits and authorizations, including, without limitation, applicable zoning and environmental laws and regulations. 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 SAW SKN SLW JKP PKP Electronically Signed using eSignOnline™ [ Session ID : f6ac3b53-6bc0-46a2-95f9-9e72c5646826 ] SAW SKN SLW JKP PKP Electronically Signed using eSignOnline™ [ Session ID : f6ac3b53-6bc0-46a2-95f9-9e72c5646826 ]Electronically Signed using eSignOnline™ [ Session ID : cd45df8c-74eb-4469-82f3-79e6a6aab04b ]Electronically Signed using eSignOnline™ [ Session ID : cd45df8c-74eb-4469-82f3-79e6a6aab04b ]Electronically Signed using eSignOnline™ [ Session ID : 731d2942-d603-478a-9654-ba28b8151943 ] 1442 Purchase and Sale Agreement Page 10 of 16 PURCHASER’s Initials: ______ SELLERS’ Initials: ______, ______,______,______,______,______ S.A.W. S.N. S.L.W. J.K. P.K. M.L.K. 4867-9249-5065, v. 1 shall not be unreasonably withheld. If the default has not been cured within the aforesaid period, the non - defaulting Party may exercise the remedies described above. 12.4. Survival. The provisions of this section shall survive the termination of this Agreement. 13. NOTICES. All notices required in this Agreement must be in writing and shall be considered delivered when received by certified mail, return receipt requested, or personal delivery to the following addresses: If to Seller: _______________________________ _______________________________ _______________________________ With a copy to: _______________________________ _______________________________ _______________________________ If to Purchaser: Daniel Dugger, Interim Executive Director Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue, 4th Floor Boynton Beach, FL 33435 With a copy to: Kenneth Dodge Lewis, Longman & Walker, PA 360 South Rosemary Avenue Suite 1100 West Palm Beach, FL 33401 14. BINDING OBLIGATION/ASSIGNMENT. The terms and conditions of this Agreement are hereby made binding on, and shall inure to the benefit of the successors and permitted assigns of the Parties hereto. SELLER may not assign its interest in this Agreement without the prior written consent of PURCHASER, which shall not be unreasonably withheld. PURCHASER shall have the right to assign this Agreement to the City of Boynton Beach (the “City”) without the prior consent of SELLER and the PURCHASER shall be released from any further obligations and liabilities under this Agreement. The PURCHASER may not assign this Agreement to any other party without the prior written approval of SELLER, which shall not unreasonably withheld. If PURCHASER has been dissolved as an entity while this Agreement and/or the attached Lease Agreement are in effect, the provisions of section 163.357(1), Florida Statutes, (as it may be amended from time to time), shall apply. 15. BROKER FEES. The SELLER hereby states that they have dealt with a real estate broker, Yolande D. Thomas of Kenmar Realty, LLC, License # , in connection with the transaction PKPJKPSLWSKNSAW Shirley Waters 1504 N E 2nd Court Boynton Beach Florida 33435 Susan Napier Susan Napier Susan Napier Electronically Signed using eSignOnline™ [ Session ID : f6ac3b53-6bc0-46a2-95f9-9e72c5646826 ] PKPJKPSLWSKNSAW Shirley Waters 1504 N E 2nd Court Boynton Beach Florida 33435 Susan Napier Susan Napier Susan Napier Electronically Signed using eSignOnline™ [ Session ID : f6ac3b53-6bc0-46a2-95f9-9e72c5646826 ] Susan Napier Susan Napier SKN SAW SLW JKP PKP Electronically Signed using eSignOnline™ [ Session ID : cd45df8c-74eb-4469-82f3-79e6a6aab04b ] Susan Napier Susan Napier SKN SAW SLW JKP PKP Electronically Signed using eSignOnline™ [ Session ID : cd45df8c-74eb-4469-82f3-79e6a6aab04b ] 406 Baker Drive WEST PALM BEACH FL 33409 Electronically Signed using eSignOnline™ [ Session ID : 731d2942-d603-478a-9654-ba28b8151943 ] 1443 Purchase and Sale Agreement Page 11 of 16 PURCHASER’s Initials: ______ SELLERS’ Initials: ______, ______,______,______,______,______ S.A.W. S.N. S.L.W. J.K. P.K. M.L.K. 4867-9249-5065, v. 1 contemplated by this Agreement and SELLER is liable for a sales commission. SELLER shall indemnify, defend and hold harmless the PURCHASER from and against any and all claims, losses, damages, costs or expenses (including, without limitation, attorney’s fees) of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by SELLER on its behalf with any broker or finder in connection with this Agreement. The provisions of this Section shall survive Closing or termination of this Agreement. 16. ENVIRONMENTAL CONDITIONS. 16.1. For purposes of this Agreement, pollutant ("Pollutant") shall mean any hazardous or toxic substance, material, or waste of any kind or any contaminant, pollutant, petroleum, petroleum product or petroleum by-product as defined or regulated by environmental laws. Disposal ("Disposal") shall mean the release, storage, use, handling, discharge, or disposal of such Pollutants. Environmental laws ("Environmental Laws") shall mean any applicable federal, state, or local laws, statutes, ordinances, rules, regulations or other governmental restrictions. 16.1.1 As a material inducement to PURCHASER entering into this Agreement, SELLER hereby warrants and represents the following, as applicable: (1) That SELLER and occupants of the Property have obtained and are in full compliance with any and all permits regarding the Disposal of Pollutants on the Property or contiguous property owned by SELLER, to the best of SELLER’S knowledge. (2) SELLER is not aware nor does it have any notice of any past, present or future events, conditions, activities or practices which may give rise to any liability or form a basis for any claim, demand, cost or action relating to the Disposal of any Pollutant on the Property. SELLER is not aware nor does it have any notice of any past, present or future events, conditions, activities or practices on contiguous property that is owned by SELLER which may give rise to any liability or form a basis for any claim, demand, cost or action relating to the Disposal of any Pollutant affecting the SELLER’S property. (3) There is no civil, criminal or administrative action, suit, claim, demand, investigation or notice of violation pending or, to the best of that entity’s knowledge, threatened against SELLER or the Property relating in any way to the Disposal of Pollutants on the Property, any portion thereof, or on any contiguous property owned by SELLER. 17. PUBLIC RECORDS. PURCHASER is a public agency subject to Chapter 119, Florida Statutes. The SELLER is hereby notified that the PURCHASER is required by law, pursuant to Chapter 119, to maintain and disclose upon request all records deemed public under the statute including this Agreement and some or all of the documents necessary to consummate the transaction set forth herein. To the extent that any litigation should be instituted by SELLER, either directly or as a third party, to prevent or prohibit PURCHASER from disclosing or providing documents involving this Agreement or the transaction set forth in the Agreement pursuant to a public records request submitted under Chapter 119, SELLER agrees that PURCHASER may either: SAW SKN SLW JKP PKP Electronically Signed using eSignOnline™ [ Session ID : f6ac3b53-6bc0-46a2-95f9-9e72c5646826 ] SAW SKN SLW JKP PKP Electronically Signed using eSignOnline™ [ Session ID : f6ac3b53-6bc0-46a2-95f9-9e72c5646826 ]Electronically Signed using eSignOnline™ [ Session ID : cd45df8c-74eb-4469-82f3-79e6a6aab04b ]Electronically Signed using eSignOnline™ [ Session ID : cd45df8c-74eb-4469-82f3-79e6a6aab04b ]Electronically Signed using eSignOnline™ [ Session ID : 731d2942-d603-478a-9654-ba28b8151943 ] 1444 Purchase and Sale Agreement Page 12 of 16 PURCHASER’s Initials: ______ SELLERS’ Initials: ______, ______,______,______,______,______ S.A.W. S.N. S.L.W. J.K. P.K. M.L.K. 4867-9249-5065, v. 1 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. 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 PKPJKPSLWSKNSAW Electronically Signed using eSignOnline™ [ Session ID : f6ac3b53-6bc0-46a2-95f9-9e72c5646826 ] PKPJKPSLWSKNSAW Electronically Signed using eSignOnline™ [ Session ID : f6ac3b53-6bc0-46a2-95f9-9e72c5646826 ]Electronically Signed using eSignOnline™ [ Session ID : cd45df8c-74eb-4469-82f3-79e6a6aab04b ]Electronically Signed using eSignOnline™ [ Session ID : cd45df8c-74eb-4469-82f3-79e6a6aab04b ]Electronically Signed using eSignOnline™ [ Session ID : 731d2942-d603-478a-9654-ba28b8151943 ] 1445 Purchase and Sale Agreement Page 13 of 16 PURCHASER’s Initials: ______ SELLERS’ Initials: ______, ______,______,______,______,______ S.A.W. S.N. S.L.W. J.K. P.K. M.L.K. 4867-9249-5065, v. 1 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. 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. SIGNATURES ON FOLLOWING PAGES. SAW SKN SLW JKP PKP Electronically Signed using eSignOnline™ [ Session ID : f6ac3b53-6bc0-46a2-95f9-9e72c5646826 ] SAW SKN SLW JKP PKP Electronically Signed using eSignOnline™ [ Session ID : f6ac3b53-6bc0-46a2-95f9-9e72c5646826 ]Electronically Signed using eSignOnline™ [ Session ID : cd45df8c-74eb-4469-82f3-79e6a6aab04b ]Electronically Signed using eSignOnline™ [ Session ID : cd45df8c-74eb-4469-82f3-79e6a6aab04b ]Electronically Signed using eSignOnline™ [ Session ID : 731d2942-d603-478a-9654-ba28b8151943 ] 1446 Purchase and Sale Agreement Page 14 of 16 PURCHASER’s Initials: ______ SELLERS’ Initials: ______, ______,______,______,______,______ S.A.W. S.N. S.L.W. J.K. P.K. M.L.K. 4867-9249-5065, v. 1 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective date. PURCHASER: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ___________________________________ Printed Name: REBECCA SHELTON Title: CRA Chair Date: ______________________________ WITNESS: ___________________________________ Printed Name: _______________________ SELLER: ___________________________________ Printed Name: SHIRLEY A. WATERS Date: ______________________________ WITNESS: ___________________________________ Printed Name: _______________________ SELLER: ___________________________________ Printed Name: SUSAN NAPIER Date: ______________________________ WITNESS: ___________________________________ Printed Name: _______________________ PKPJKPSLWSKNSAW Shirley A. Waters 04/28/2026 01:51 PM Arlene Waters Arlene Waters Susan K. Napier 04/28/2026 06:17 PM Winifred R. Bridges Winifred Bridges Electronically Signed using eSignOnline™ [ Session ID : f6ac3b53-6bc0-46a2-95f9-9e72c5646826 ] PKPJKPSLWSKNSAW Shirley A. Waters 04/28/2026 01:51 PM Arlene Waters Arlene Waters Susan K. Napier 04/28/2026 06:17 PM Winifred R. Bridges Winifred Bridges Electronically Signed using eSignOnline™ [ Session ID : f6ac3b53-6bc0-46a2-95f9-9e72c5646826 ]Electronically Signed using eSignOnline™ [ Session ID : cd45df8c-74eb-4469-82f3-79e6a6aab04b ]Electronically Signed using eSignOnline™ [ Session ID : cd45df8c-74eb-4469-82f3-79e6a6aab04b ]Electronically Signed using eSignOnline™ [ Session ID : 731d2942-d603-478a-9654-ba28b8151943 ] 1447 Purchase and Sale Agreement Page 15 of 16 PURCHASER’s Initials: ______ SELLERS’ Initials: ______, ______,______,______,______,______ S.A.W. S.N. S.L.W. J.K. P.K. M.L.K. 4867-9249-5065, v. 1 SELLER: ___________________________________ Printed Name: SAMUEL L. WATERS, Jr. Date: ______________________________ WITNESS: ___________________________________ Printed Name: _______________________ SELLER: ___________________________________ Printed Name: JESSICA KING Date: ______________________________ WITNESS: ___________________________________ Printed Name: _______________________ SELLER: ___________________________________ Printed Name: PENELOPE KING Date: ______________________________ WITNESS: ___________________________________ Printed Name: _______________________ SAW SKN SLW JKP PKP Samuel L. Waters 04/29/2026 09:48 AM Arlene Waters Arlene’ Waters Jessica King POA 04/28/2026 05:35 PM Mariah White Mariah white Penelope King POA 04/28/2026 04:24 PM Crystal Carter Electronically Signed using eSignOnline™ [ Session ID : f6ac3b53-6bc0-46a2-95f9-9e72c5646826 ] SAW SKN SLW JKP PKP Samuel L. Waters 04/29/2026 09:48 AM Arlene Waters Arlene’ Waters Jessica King POA 04/28/2026 05:35 PM Mariah White Mariah white Penelope King POA 04/28/2026 04:24 PM Crystal Carter Electronically Signed using eSignOnline™ [ Session ID : f6ac3b53-6bc0-46a2-95f9-9e72c5646826 ]Electronically Signed using eSignOnline™ [ Session ID : cd45df8c-74eb-4469-82f3-79e6a6aab04b ]Electronically Signed using eSignOnline™ [ Session ID : cd45df8c-74eb-4469-82f3-79e6a6aab04b ]Electronically Signed using eSignOnline™ [ Session ID : 731d2942-d603-478a-9654-ba28b8151943 ] 1448 Purchase and Sale Agreement Page 16 of 16 PURCHASER’s Initials: ______ SELLERS’ Initials: ______, ______,______,______,______,______ S.A.W. S.N. S.L.W. J.K. P.K. M.L.K. 4867-9249-5065, v. 1 SELLER: ___________________________________ Printed Name: MICHAEL L. KING Date: ______________________________ WITNESS: ___________________________________ Printed Name: _______________________ ESCROW AGENT: LEWIS, LONGMAN & WALKER, P.A. ___________________________________ Printed Name: _______________________ Date:_______________________________ PKPJKPSLWSKNSAW Electronically Signed using eSignOnline™ [ Session ID : f6ac3b53-6bc0-46a2-95f9-9e72c5646826 ] PKPJKPSLWSKNSAW Electronically Signed using eSignOnline™ [ Session ID : f6ac3b53-6bc0-46a2-95f9-9e72c5646826 ]Electronically Signed using eSignOnline™ [ Session ID : cd45df8c-74eb-4469-82f3-79e6a6aab04b ]Electronically Signed using eSignOnline™ [ Session ID : cd45df8c-74eb-4469-82f3-79e6a6aab04b ]Electronically Signed using eSignOnline™ [ Session ID : 731d2942-d603-478a-9654-ba28b8151943 ] 1449 Street #Property Address Structure or Lot?Appraised Value Asking Price Lot Size Acres Square Feet Price per Sq. Ft. % Over Appraised Value 221 NE 9th Avenue Vacant $628,000.00 $628,000.00 0.35 15246 $41.19 0.0% Street #Property Address Structure or Lot?Date Acquired Purchase Price Lot Size Square Feet Price per Sq. Ft. Status xxx MLK Blvd.Vacant Lot October-14 $130,000.00 0.1607 7000.092 $18.57 MLK Corridor redevelopment 308 NE 10th Avenue Vacant Lot - Structure demo'd April-05 $225,000.00 0.178 7753.68 $29.02 MLK Corridor redevelopment xxx NE 10th Avenue Vacant Lot October-16 $19,000.00 0.1779 7749.324 $2.45 MLK Corridor 211 NE 9th Avenue Vacant Lot May-18 $53,000.00 0.1738 7570.728 $7.00 To be added to the properties aka MLK South for Mixed Use Development 231 NE 9th Avenue Vacant Lot - Structure demo'd April-14 0.1726 MLK Corridor redevelopment xxx NE 10th Avenue-MLK Vacant Lot-Purchased w/ 231 NE 9th Ave April-14 0.1779 MLK Corridor redevelopment xxx NE 10th Avenue-MLK Vacant Lot-Purchased w/ 231 NE 9th Ave April-14 0.1779 MLK Corridor redevelopment 235 NE 9th Avenue Vacant January-06 $249,000.00 0.1725 7514.1 $33.14 MLK Corridor redevelopment 106 NE 3rd Avenue Vacant October-18 $100,000.00 0.2626 11438.856 $8.74 Part of the Boynton Beach Blvd. District 407 NE 1st Avenue Vacant Lot - Structure demo'd November-20 $268,000.00 0.1742 7588.152 $35.32 Misc. 221 E. MLK Blvd.Vacant Lots April-21 $103,300.00 0.1608 7004.448 $14.75 MLK Corridor redevelopment XXX E. MLK Blvd.Vacant Lots May-21 $175,000.00 0.4821 21000.276 $8.33 MLK Corridor redevelopment XXX NW 11th Avenue Vacant Lot March-24 $165,000.00 0.1753 7636.068 $21.61 Misc. Cherry Hill XXX NE 10th Avenue Vacant Lot September-23 $49,000.00 0.1607 7000.092 $7.00 MLK Corridor redevelopment 507 NW 12th Avenue Vacant Lot July-24 $226,000.00 0.24 10454.4 $21.62 Misc. Cherry Hill 524 NW 3rd Street Vacant Lot July-24 $195,000.00 0.1946 8476.776 $23.00 Misc. 1017 N. Railroad Avenue Residential Structure September-24 $237,000.00 0.1356 5906.736 $40.12 Misc. General Commercial 321 E. MLK Blvd.Structure (Single Family Home)October-24 $375,000.00 0.1607 7000.092 $53.57 MLK Corridor redevelopment 419 N. Seacrest Blvd. Structure (Seed of Faith Church)January-25 $520,000.00 0.33 14374.8 $36.17 HOB-Affordable Housing 318-323 E. MLK Blvd.Duplex January-25 $450,000.00 0.16 6969.6 $64.57 MLK Corridor redevelopment 225 NE 9th Avenue Vacant Lot April-25 $300,000.00 0.1728 7527.168 $39.86 Misc 135 NE 3rd Avenue Vacant May-25 $330,000.00 0.33 14374.8 $22.96 Misc. TOTALS 4,226,300$ 4.5307 197,357.29 $21.41 $57,000.00 23017.104 $2.48 Waters et al CURRENT BBCAR PROPERTY INVENTORY BOYNTON BEACH CRA PROPERTY INVENTORY April 2026 SUBJECT PROPERTY FOR BOYNTON BEACH CRA PURCHASE 1450 •FY 2025-2026 - Budget Reallocation - 5.13.2026.pdf COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: May 12, 2026 NEW BUSINESS AGENDA ITEM 15.D SUBJECT: Consideration of Fiscal Year 2025-2026 Budget Reallocation for Property Purchase of 221 NE 9th Avenue SUMMARY: As part of this agenda the CRA Board has discussed and approved the purchase of the property located at 221 NE 9th Avenue. The parties have agreed to a purchase price of $628,000 (which is the appraised value of the property). In order to purchase the parcel within this fiscal year 2025-2026, b u d g e t funds need to be reallocated within the Project Fund. The Property Purchase line item (02-58200-401) has an available balance of $430,955.42. The CRA Board designated $250,000, in the Project Fund, for Storm Water Local Match (02- 58200-406). If the Board desires the Storm Water Local Match funds can be reallocated to Property Purchases in order to fund the purchase of 221 N.E. 9th Avenue, including closing costs. FISCAL IMPACT: FY 2025-2026 Budget, Project Fund reallocate $250,000 from Storm Water Local Match 02- 58200-406 to 02-58200-401 for Property Purchases CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approve the Budget Reallocation of $250,000 from Storm Water Local Match 02-58200-406 to 02-58200-401 for Property Purchases ATTACHMENTS: Description 1451 APPROVAL FUND DEPARTMENT DESCRIPTION G/L ACCT. BUDGET APPROPRIATION INCREASE / (DECREASE) AMENDED BUDGET APPROPRIATION Purpose (1) Reallocate Funds in the Project Fund to fund Property Purchase - 221 NE 9th Avenue CRA Board 5/13/2026 1. Project Fund - Contingency Budget Reallocation Project Infrastructure & Streetscape Storm Water Match 02-58200-406 250,000$ (250,000)$ -$ 2. Transfer funds as follows: Project Property Purchases Property Purchases 02-58200-401 17,730,088$ 250,000$ 17,980,088$ BUDGET AMENDMENTS & ADJUSTMENTS TO FY 2025-2026 GENERAL AND PROJECT FUND NOTE: Recorded on Financial Statements T:\FINANCE\BUDGET AMENDMENTS - TRACKING\FY 2025-2026 - Budget Reallocation - 5.13.2026.xlsx 1452 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: May 12, 2026 NEW BUSINESS AGENDA ITEM 15.E SUBJECT: Discussion Regarding CRA Strategic Planning – Redistricting, Property Acquisition Plan / Bond & CRA Plan Update SUMMARY: The Board discussion and direction on the following CRA strategic initiatives and the recommended order in which they should be pursued: CRA Redistricting – Review and consideration of redrawing the Community Redevelopment Area boundaries. Property Acquisition Plan / Bond – Discussion of an acquisition plan and possible bond. CRA Plan Update – Review and update of the Community Redevelopment Plan to reflect current goals and priorities. If moving forward with all three initiatives, staff recommends pursuing them in the following order: 1. CRA Redistricting to be completed first, as the outcome will inform and define the scope of the remaining efforts; 2. CRA Plan Update to follow, with the 3. Property Acquisition Plan / Bond incorporated as a component of the updated plan, ensuring the bond strategy aligns with the newly established boundaries and community redevelopment goals. The Board may provide staff with direction on the sequencing and prioritization of these initiatives moving forward. 1453 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: May 12, 2026 NEW BUSINESS AGENDA ITEM 15.F SUBJECT: Approval of Amended Classification and Pay Plan — Establishment of Four New Position Classifications SUMMARY: The Executive Director requests CRA Board approval of an amended Classifications and associated Pay Plan establishing four (4) new position classifications. The new classifications reflect a comprehensive realignment of CRA job descriptions to more closely align with current responsibilities and the agency's organizational structure. The following existing position titles no longer accurately reflect the scope, complexity, or seniority of the work being performed and are being replaced with new classifications: Development Services Manager — the position has grown to encompass management of 40+ owned properties, eight active TIRFAs with over $55 million in forward commitments, 17 ILA capital projects totaling approximately $10.1 million, and full property portfolio oversight. Grants & Project Manager — the position has expanded to include economic development program leadership, business development and retention activities, staff supervision, and strategic coordination with the City's Economic Development Department and other agencies. Administrative Assistant — the position is being restructured to include Board support coordination, grant and finance document processing, and certified records management responsibilities, resulting in a meaningfully different classification. Assistant Director — the position is being retitled to Deputy Executive Director to accurately reflect the seniority and operational leadership scope of the role within the agency’s organizational structure. Proposed Classification and Pay Plan Amendments The following four (4) new classifications are proposed for Board approval, along with their approved pay ranges: 1454 •Attachment 1 - CRA Deputy Executive Director JD.docx •Attachment 2 - CRA Development Services Director JD.docx •Attachment 3 - CRA Economic Development Director JD.docx •Attachment 4 - CRA Administrative Coordinator JD.docx Position Title Replaces / Status FLSA Pay Range Min Pay Range Max CRA Development Services Director Development Services Manager Exempt $110,000 $160,000 CRA Economic Development Director Grants & Project Manager Exempt $100,000 $150,000 CRA Administrative Coordinator Administrative Assistant Non- Exempt $55,000 $80,000 Deputy Executive Director Assistant Director Exempt $130,000 $190,000 Updated job descriptions for all four positions have been prepared and are attached for Board review. FISCAL IMPACT: Establishment of the Deputy Executive Director, Development Services Director, and Economic Development Director classifications does not independently create a fiscal impact; any personnel actions taken by the Executive Director within the approved pay ranges will be absorbed within the current year personnel budget or addressed through a subsequent budget amendment, as needed. CRA BOARD OPTIONS: Recommendation Approve the amended Classification and Pay Plan establishing four (4) new position classifications — Deputy Executive Director, Development Services Director, Economic Development Director, and Administrative Coordinator — with the pay ranges set forth herein. ATTACHMENTS: Description 1455 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (CRA) JOB DESCRIPTION JOB TITLE: DEPUTY EXECUTIVE DIRECTOR CLASSIFICATION: EXEMPT REPORTS TO: EXECUTIVE DIRECTOR JOB TYPE: FULL-TIME WRITTEN: 05/2026 GENERAL STATEMENT OF DUTIES The Deputy Executive Director is the CRA's senior operations officer and serves as the primary day-to-day manager of CRA program delivery, staff supervision, and project oversight. This position operates under the direction of the Executive Director and is responsible for directing and coordinating the activities of CRA program staff, ensuring compliance with all applicable laws, policies, and redevelopment plan objectives, and providing the technical depth and institutional continuity required to advance the CRA's active development portfolio. The Deputy Executive Director acts as Executive Director in the absence of the Executive Director and serves as the agency's primary liaison to City departments, developers, legal counsel, and other governmental entities on operational and program delivery matters. ESSENTIAL DUTIES AND RESPONSIBILITIES STAFF SUPERVISION & ORGANIZATIONAL LEADERSHIP • Directly supervises and provides day-to-day direction to CRA program staff, including the Development Services Director, Economic Development Director, and Administrative Coordinator; coordinates workload across all program areas to ensure alignment with CRA priorities and Board directives. • Evaluates staff performance, provides ongoing professional feedback and coaching, addresses employee concerns, and supports staff development; fosters a work environment that encourages accountability, initiative, and high-quality program delivery. • Coordinates work activities across CRA divisions and program areas; monitors status of projects and assignments, assists with complex or high-stakes situations, and provides technical direction and guidance to staff. • Manages hiring processes for CRA positions in coordination with the Executive Director and City Human Resources; ensures CRA personnel policies and City HR requirements are consistently applied. PROGRAM DELIVERY OVERSIGHT • Provides operational oversight of all CRA program delivery functions, including property acquisition and portfolio management, TIRFA and developer agreement compliance, capital project administration, economic development grant programs, and business development activities. • Reviews and monitors the status of all active TIRFA agreements, developer commitments, and ILA capital projects; ensures compliance calendars are current and near-term milestones are being actively managed; escalates risks and issues to the Executive Director as appropriate. • Ensures that all development activity within the CRA district is consistent with the goals and objectives of the adopted CRA Redevelopment Plan and applicable design guidelines; • Provides technical support to developers, architects, engineers, property owners, and business operators navigating entitlements, incentives, and redevelopment processes within the CRA area. • Reviews and makes recommendations regarding public capital improvement projects to ensure alignment with CRA redevelopment plan goals; coordinates with City Engineering, Public Works, and Parks on ILA project delivery. EXECUTIVE DIRECTOR SUPPORT & BOARD RELATIONS 1456 • Performs the duties of the Executive Director in the Executive Director's absence or upon designation by the Executive Director; maintains full operational continuity during transitions and vacancies. • Assists the Executive Director with the development and implementation of CRA Board-directed projects, planning activities, and strategic initiatives; advises the Executive Director on operational details, program status, and technical matters on an ongoing basis. • Assists with the preparation of Board agenda materials, staff reports, resolutions, and presentations; attends CRA Board meetings, City Commission meetings, advisory board meetings, and other public meetings as required; gives presentations and represents the CRA before public bodies as directed. • Manages the CRA's strategic planning process in coordination with the Executive Director; maintains tracking of all goals, initiatives, and Board-directed work programs; communicates with all program areas to ensure targets are being met and reported accurately. COMPLIANCE, POLICY & FINANCIAL OVERSIGHT • Ensures CRA operations comply with all applicable codes, laws, rules, regulations, standards, and policies, including Florida Statute Chapter 163, Part III, the CRA's Financial Policies and Procedures Manual, and City procurement requirements; initiates corrective action as needed. • Reviews and monitors contracts, grants, and interlocal agreements to ensure compliance with established terms and CRA Board direction; coordinates with legal counsel on contract interpretation, amendments, and enforcement as needed. • Assists with preparation of the annual budget and budget amendments; monitors expenditures across program areas and flags variances or compliance concerns to the Executive Director and Finance. • Compiles and analyzes administrative and programmatic data; prepares reports, performance summaries, and Board briefings; identifies trends and recommends adjustments to programs and operations. INTERGOVERNMENTAL & EXTERNAL RELATIONS • Coordinates CRA activities with City departments, County agencies, state agencies, regional partners, legal counsel, consultants, and outside organizations; serves as a technical advisor and primary operational contact for these relationships on behalf of the Executive Director. • Represents the CRA at intergovernmental meetings, task forces, professional organizations, public hearings, and community forums as directed by the Executive Director. • Communicates with CRA Board members, City officials, developers, consultants, community organizations, the media, and the public as needed to coordinate work, exchange information, and resolve issues. • Performs other related duties as required or as assigned by the Executive Director. COMPETENCIES • Demonstrates the ability to lead and develop staff through effective delegation, direction, support, and performance feedback; creates a work environment that encourages accountability and initiative at all levels. • Demonstrates expertise in land use, entitlements, redevelopment project management, and developer agreement administration; brings deep technical knowledge to the CRA's active portfolio. • Demonstrates understanding of Florida community redevelopment law (F.S. Chapter 163, Part III), TIF financing, TIRFA compliance, and the statutory framework governing CRA operations. • Demonstrates the ability to build cooperation and consensus among diverse stakeholders, including City departments, developers, business owners, and community members. • Demonstrates strategic leadership including initiative, calculated risk-taking, creative problem-solving, and sound judgment in complex or politically sensitive situations. • Demonstrates understanding of public budgeting, procurement, and financial management; able to assess financial impacts and ensure fiscal accountability across program areas. • Demonstrates strong written and oral communication skills; effectively conveys complex technical and programmatic information to diverse audiences including Board members, City officials, and the public. 1457 • Demonstrates fairness, honesty, and ethical conduct in all professional relationships; fosters a culture of integrity throughout the organization. QUALIFICATIONS  Bachelor's or Master's degree from an accredited college or university in Public Administration, Urban Planning, Real Estate Development, Business Administration, Architecture, Civil Engineering, or a closely related field.  A minimum of ten (10) years of progressively responsible experience in community redevelopment, land use and entitlements, real estate development, capital project management, or public agency administration, with at least five (5) years of supervisory or management experience in a relevant field.  Demonstrated knowledge of Florida community redevelopment law (F.S. Chapter 163, Part III) and Florida Redevelopment Association (FRA) certification, AICP, or other relevant professional designation preferred.  Must possess and maintain a valid Florida driver's license. 1458 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (CRA) JOB DESCRIPTION JOB TITLE: DEVELOPMENT SERVICES DIRECTOR CLASSIFICATION: EXEMPT REPORTS TO: DEPUTY EXECUTIVE DIRECTOR WRITTEN: 05/2026 GENERAL STATEMENT OF DUTIES The Development Services Director is the CRA's senior operational officer responsible for the agency's most mission-critical program delivery functions. This position provides expert-level leadership and management over the CRA's property acquisition program, owned property management portfolio, capital construction and infrastructure projects, Tax Increment Revenue Financing Agreement (TIRFA) compliance and developer agreement administration, and Interlocal Agreement (ILA) capital project coordination. The Development Services Director operates with significant independence, exercises substantial professional judgment, and serves as a primary technical liaison to the Executive Leadership, CRA Board, City departments, developers, and the public. ESSENTIAL DUTIES AND RESPONSIBILITIES PROPERTY ACQUISITION & PORTFOLIO MANAGEMENT • Leads and manages the CRA's active property acquisition program, including coordinating appraisals, conducting and overseeing negotiations, preparing Board authorization packages, executing purchase contracts, and managing closings in coordination with legal counsel. • Administers the CRA's owned property portfolio, including lawn maintenance contracts, boundary surveys, lock and access management, demolition coordination, and grant applications related to property operations (including SWA and other environmental or infrastructure grant programs). • Manages post-acquisition operational responsibilities for newly acquired parcels, including contractor coordination, insurance, and preparation for redevelopment or disposition. • Conducts and oversees Notice to Dispose (NTD) processes under Florida Statute § 163.380, including publication, response evaluation, developer selection, and Board presentation. • Serves as the CRA's lead coordinator for all capital projects administered under the Master Interlocal Agreement (ILA) with the City of Boynton Beach, tracking reimbursement requests, resolving project issues, and maintaining project status documentation. • Coordinates with City departments (Public Works, Engineering, Parks) on project scope, schedule, budget, and reimbursement documentation. • Prepares Board reports, budget amendment requests, and project updates for capital project items requiring Board or Commission action. TIRFA & DEVELOPER AGREEMENT COMPLIANCE • Monitors and administers all active Tax Increment Revenue Financing Agreements (TIRFAs) and related developer agreements, ensuring performance milestone tracking, construction commencement verification, local hiring compliance documentation, and disbursement authorization. • Maintains a comprehensive TIRFA compliance calendar covering all active agreements; prepares compliance reports and milestone certifications for the Executive Leadership, Board, and legal counsel. • Coordinates with developers, City departments, and outside legal counsel on TIRFA document execution, amendments, assignments, and enforcement actions as required. • Manages near-term and long-term compliance obligations across a combined developer incentive portfolio of $55 million or more in committed future TIF revenues. CRA-OWNED PROPERTY MANAGEMENT 1459 • Oversees day-to-day management of all CRA-owned properties, including maintenance contracts, vendor coordination, insurance, access management, and physical condition monitoring across the full portfolio. • Administers tenant and lease agreements associated with CRA-owned properties, including communication with lessees, coordination of construction or improvement schedules, and lease compliance monitoring. • Manages capital improvement and deferred maintenance programs for CRA-owned facilities and sites, including coordination with engineers, contractors, and grant programs for infrastructure upgrades and repairs. • Ensures all CRA-owned properties are maintained in a condition consistent with the CRA's redevelopment objectives and public stewardship obligations. CONSTRUCTION & INFRASTRUCTURE PROJECT OVERSIGHT • Manages CRA-owned and CRA-sponsored construction and infrastructure projects from design through completion, including coordination with architects, engineers, contractors, City permitting, and utility providers. • Tracks project budgets, schedules, and deliverables; resolves field issues; coordinates change orders and inspections as required. • Oversees disposition of CRA-acquired properties including demolition bidding, permitting, site clearance, and post-demolition grant recovery. LEADERSHIP & ADMINISTRATIVE RESPONSIBILITIES • Serves as a senior advisor to the Executive Leasdship on development services, property, and program delivery matters; provides technical briefings and recommendations on complex or time-sensitive issues. • Prepares and presents staff reports, Board agenda items, budget requests, and policy recommendations related to development services functions. • Supervises Development Services Specialist and other support staff as assigned; provides direction, training, performance feedback, and workload management. • Represents the CRA in meetings with developers, City departments, County agencies, state agencies, legal counsel, and the public on development services matters. • Maintains and updates the Development Services project tracker and related documentation systems; ensures institutional knowledge is documented and current. • Performs other related work as required by the Executive Leadership. KNOWLEDGE, SKILLS AND ABILITIES • Comprehensive knowledge of Florida community redevelopment law (F.S. Chapter 163, Part III), including TIRFA administration, property acquisition and disposition requirements, Notice to Dispose procedures, and annual reporting obligations. • Thorough knowledge of real estate transaction management, including acquisition, negotiation, contract execution, title review, and closing procedures. • Demonstrated knowledge of capital project management, construction administration, and infrastructure project coordination in a public agency context. • Knowledge of grant administration, compliance monitoring, and reimbursement documentation for government-funded programs. • Ability to manage a complex, multi-project portfolio with competing deadlines and significant financial and legal stakes. • Ability to analyze developer agreements, compliance obligations, and milestone documentation and identify risks or deficiencies requiring action. • Strong written and oral communication skills, including the ability to prepare clear and well-organized Board reports, technical memoranda, correspondence, and public presentations. • Ability to establish and maintain effective working relationships with developers, City officials, County agencies, contractors, legal counsel, and the public. 1460 • Ability to exercise independent professional judgment and discretion in applying laws, regulations, policies, and procedures to novel or complex situations. • Proficiency in Microsoft Office Suite, project management tools, and data management software; familiarity with GIS and property management systems preferred. • Strong organizational and time management skills; ability to prioritize and manage workload independently in a fast-paced environment. QUALIFICATIONS  Bachelor's degree from an accredited college or university with a major in Urban Planning, Public Administration, Business Administration, Real Estate, or a closely related field.  A minimum of ten (10) years of progressively responsible experience in community redevelopment, real estate development, capital project management, or a closely related field in a public agency context is required; or an equivalent combination of education, training, and experience.  Experience with Florida CRA administration, TIRFA compliance, and Florida Statute Chapter 163 is strongly preferred.  Must possess and maintain a valid Florida driver's license. Florida Redevelopment Association (FRA) certification or other relevant professional designation preferred. 1461 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (CRA) JOB DESCRIPTION JOB TITLE: ECONOMIC DEVELOPMENT DIRECTOR CLASSIFICATION: EXEMPT REPORTS TO: DEPUTY EXECUTIVE DIRECTOR JOB TYPE: FULL-TIME WRITTEN: 05/2026 GENERAL STATEMENT OF DUTIES The Economic Development Director is responsible for leading and administering the CRA's economic development programs, business grant initiatives, project management functions, and external partnership activities. This position serves as the CRA's primary point of contact for existing and prospective businesses within the redevelopment area, oversees the full lifecycle of the agency's business grant programs, manages key development pipeline projects, and coordinates the CRA's economic development activities in alignment with the City of Boynton Beach Economic Development Plan 2025-2030 and the CRA Redevelopment Plan. The Economic Development Director works under the direction of the Deputy Executive Director, operates with significant professional independence, and serves as a liaison to the CRA Board, City departments, the business community, regional economic development partners, and the public. Work is reviewed through project outcomes, grant program performance, Board reporting, and compliance results. ESSENTIAL DUTIES AND RESPONSIBILITIES ECONOMIC DEVELOPMENT & GRANT PROGRAMS • Administers all CRA economic development grant programs, including the Commercial Property Improvement Grant, Commercial Rent Reimbursement Grant, Commercial Business Marketing Grant, and any other business incentive programs established by the Board, overseeing the full cycle from application intake and eligibility review through award recommendation, disbursement authorization, and outcome compliance monitoring. • Manages an active grant portfolio averaging $750,000 to $1 million or more annually; tracks reimbursement milestones, coordinates with the Finance Department on payment processing, and ensures all disbursements are supported by complete and accurate documentation. • Conducts site visits to verify grant eligibility, monitor project progress, and ensure compliance with program requirements; coordinates with the City's Building Department and Business Tax Receipt office as needed. • Prepares Board agenda items, award recommendations, and compliance reports for all active grant programs; presents program updates to the CRA Board as required. • Develops and refines grant program guidelines, application materials, and eligibility criteria in coordination with the Deputy Executive Director and legal counsel; recommends program modifications to improve effectiveness and statutory compliance. • Provides project management support on assigned CRA redevelopment initiatives as directed by the Deputy Executive Director, including coordination with developers, City departments, and regulatory agencies; assists with RFP and ITN processes, review committee coordination, and Board presentation preparation as needed. BUSINESS DEVELOPMENT & RETENTION • Serves as the CRA's primary liaison to businesses located within or considering investment in the CRA redevelopment area; conducts business walks, responds to business inquiries, and proactively engages with property owners, tenants, and entrepreneurs. • Coordinates with the City's Economic Development Department on business attraction, retention, and expansion activities consistent with the CRA Redevelopment Plan and in coordination with the City's 1462 Economic Development Plan 2025-2030, including target industry focus areas and business incentive frameworks. • Manages the CRA's business directory and related data systems; maintains current information on businesses operating within the CRA area and tracks market activity and vacancy trends. • Represents the CRA at regional economic development meetings and organizations, including the Business Development Board, Palm Beach County CRA Association, Palm Beach County Office of Small Business Development, and other relevant bodies. • Coordinates ribbon cuttings, business recognition activities, and other business engagement programming in support of CRA redevelopment objectives. • Directly supervises the Business Development Manager and Business Development Coordinator; provides day-to-day work direction, performance management, training, and professional development support to ensure program goals and quality standards are met. • Coordinates the work of business development staff to align outreach, marketing, and program activities with the CRA's economic development priorities and the City's Economic Development Plan 2025-2030. STRATEGIC PLANNING & EXTERNAL COORDINATION • Assists with the development and implementation of the CRA Redevelopment Plan, including plan amendments, economic impact analysis coordination, and alignment with City strategic planning documents. • Coordinates with the City Economic Development Department, Palm Beach County, and regional partners on economic development initiatives, grant funding opportunities, and joint programming that advances CRA redevelopment objectives. • Monitors market conditions, economic trends, and development activity within and adjacent to the CRA area; prepares analyses and recommendations to inform program and policy decisions. • Assists the Deputy Executive Director and Executive Director with strategic planning, resource allocation, and special projects as assigned. • Performs other related work as required or as assigned by supervisor(s). KNOWLEDGE, SKILLS AND ABILITIES • Knowledge of Florida community redevelopment law (F.S. Chapter 163, Part III) and its application to grant programs, business incentives, and project development activities. • Thorough knowledge of economic development principles and practices, including business attraction and retention strategies, incentive program design, and public-private partnership structures. • Knowledge of grant administration, compliance monitoring, and reimbursement documentation for government-funded programs. • Knowledge of project management principles and demonstrated ability to manage multiple concurrent projects with competing priorities and deadlines. • Ability to establish and maintain effective working relationships with business owners, developers, City officials, County agencies, regional partners, and the public. • Strong written and oral communication skills, including the ability to prepare clear Board reports, grant program materials, presentations, and professional correspondence. • Ability to exercise judgment and discretion in applying laws, regulations, policies, and procedures; ability to recognize and escalate compliance issues appropriately. • Proficiency in Microsoft Office Suite, board agenda management software, data management tools, and website content management systems. Familiarity with economic data platforms (e.g., Placer.ai) and social media platforms preferred. • Self-motivated, detail-oriented, and able to work independently with minimal direction in a fast-paced environment. • Knowledge of the principles and practices of public administration; government or special district experience is a plus. 1463 QUALIFICATIONS  Bachelor's degree from an accredited college or university with a major in Business, Economics, Public Administration, Urban Planning, or a closely related field.  A minimum of ten (10) years of progressively responsible experience in economic development, grant administration, project management, or a closely related field, preferably in a public agency or special district context; or an equivalent combination of education, training, and experience.  Experience with Florida CRA programs, business incentive administration, or Florida Statute Chapter 163 is strongly preferred.  Must possess and maintain a valid Florida driver's license.  Certified Economic Developer (CEcD), Florida Redevelopment Association (FRA) certification, or other relevant professional designation is preferred. 1464 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (CRA) JOB DESCRIPTION JOB TITLE: CRA ADMINISTRATIVE COORDINATOR CLASSIFICATION: REPORTS TO: DEPUTY EXECUTIVE DIRECTOR JOB TYPE: FULL-TIME WRITTEN: 05/2026 GENERAL STATEMENT OF DUTIES The Administrative Coordinator is responsible for coordinating the daily administrative and operational support functions of the CRA, with a focus on Board meeting support, public records management, grant and finance document coordination, and general off ice operations. This position serves as a central support resource for the Deputy Executive Director and CRA staff across all program areas. The incumbent is expected to work collaboratively and proactively, exercise sound judgment in managing competing priorities, and maintain a high standard of accuracy and professionalism in all work products. ESSENTIAL DUTIES AND RESPONSIBILITIES OFFICE OPERATIONS & ADMINISTRATIVE SUPPORT • Serves as the initial point of public contact by answering incoming calls, greeting walk-in visitors and public officials, responding to general inquiries, and directing to appropriate staff as needed. • Manages office supply inventory, including ordering, stocking, and maintaining cost-effective inventory control procedures; serves as primary liaison to office vendors and service contractors. • Provides general administrative support including copying, email correspondence, faxing, scanning, filing, and binding; distributes and processes incoming and outgoing mail, including certified mailings and courier services. • Coordinates scheduling of office maintenance and repairs; obtains vendor quotes and service calls as directed; maintains a master vendor and contact list. • Develops and maintains content for the CRA's communications as assigned, including the Redevelopment Works newsletter, website updates, and program-related publications, in coordination with the Economic Development Director and communications staff. • Handles miscellaneous operational tasks such as mail, meeting setup, refreshment arrangements, and material delivery to City offices or other locations as needed. • Performs other related work as required or as assigned by the Executive Leadership. BOARD MEETING & AGENDA SUPPORT • Coordinates the CRA Board packet production process under the direction of the Deputy Executive Director, including compiling, formatting, reviewing, and finalizing agenda materials, staff reports, resolutions, exhibits, and supporting documents for all regular and special Board meetings. • Manages Board and workshop meeting logistics, including room preparation, technology setup, material distribution, and coordination with staff on agenda item deadlines and revisions. • Attends CRA Board and Advisory Board meetings as required; records and prepares accurate meeting minutes for review and approval. • Maintains the CRA's master public meeting calendar, including regular Board meetings, workshop sessions, advisory board meetings, and special meetings; ensures timely public notice in accordance with Florida Sunshine Law requirements. 1465 • Drafts routine correspondence, cover letters, and transmittal documents related to Board actions and official CRA communications as directed. GRANT & FINANCE DOCUMENT COORDINATION • Assists grant program documentation, including organizing application files, tracking reimbursement submissions, preparing disbursement packages for Finance, and maintaining compliance documentation for active grant awards. • Coordinates with the Finance Department on the preparation, routing, and filing of financial documents, invoices, purchase orders, payment authorizations, and budget-related materials; ensures documentation is complete and properly supported prior to submission. • Assists with the preparation and processing of CRA Travel Request forms for staff and Board members, including bookings, approvals, documentation, and submission to Finance for payment processing. • Supports grant file integrity by scanning, organizing, and archiving grant records in accordance with the CRA's records retention schedule and Florida State requirements. RECORDS MANAGEMENT & PUBLIC RECORDS • Administers the CRA's certified Records Management system in accordance with Florida State requirements; organizes and manages all public records, coordinates archival of records to be sent to storage, and maintains the integrity of the CRA's digital and physical filing systems. • Processes and coordinates responses to public records requests in a timely and compliant manner; tracks active requests and maintains a log of requests and responses. • Develops and maintains the CRA document library, ensuring that sufficient copies of Board packets, annual reports, CRA collateral materials, and other official documents are available for public review or distribution. KNOWLEDGE, SKILLS AND ABILITIES • Thorough knowledge and proficiency in Microsoft Office Suite (Word, Outlook, Excel, PowerPoint). • Familiarity with Adobe Creative Cloud, board agenda management software (e.g., Novus or similar), document management systems, and general website content management tools. • Knowledge of Florida public records law and records management requirements for public agencies; experience with certified records management systems a plus. • Strong written and oral communication and interpersonal skills; ability to prepare accurate meeting minutes, correspondence, and administrative records. • Strong organizational and time-management skills; ability to manage multiple concurrent tasks, meet deadlines, and adapt to shifting priorities in a fast-paced environment. • Self-motivated, detail-oriented, and able to work both independently and collaboratively with minimal direction. • Knowledge of the principles and practices of public or business administration; government or special district experience a plus. QUALIFICATIONS Associate's degree or higher from an accredited college or university; supplemented by a minimum of three (3) years of progressively responsible experience in office administration, records management, or administrative support, preferably in a local government or special district setting; or an equivalent combination of education, training, and experience. Must be proficient in Microsoft Word, Outlook, Excel, and PowerPoint. Must possess and maintain a valid Florida driver's license. Physical ability to perform light work including lifting, carrying, pushing, and pulling objects up to 25 pounds without assistance; tasks may involve extended periods at a keyboard or workstation. 1466