Agenda 07-14-261.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.Miscellaneous Annual & Quarterly Reports for April - June 2026
9.Announcements and Awards
A.Boynton Beach Night Market Announcement
10.Public Comments
Community Redevelopment Agency Board Meeting
Tuesday, July 14, 2026 - 6:00 PM
City Hall Chambers, 100 E. Ocean Avenue and Online Meeting
561-737-3256
AGENDA
Due to the Special Meeting of the City of Boynton Beach Commission, the regularly
scheduled July 14, 2026, CRA Board Meeting will start at a time not certain, but
following as soon thereafter, the conclusion of the Special Meeting of the City of
Boynton Beach Commission which begins at 5:30 PM.
A. Additions, Deletions, Corrections to the Agenda
B. Adoption of Agenda
A. Disclosure of Conflicts, Contacts, and Relationships for Items Presented to the CRA
Board on Agenda
The public comment section of the meeting is for public comment on ALL items on the
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11.Consent Agenda
A.Approval of the CRA Board Meeting Minutes for June 9, 2026
B.Approval of Two Commercial Business Marketing Grant Program Applications
12.Pulled Consent Agenda Items
13.CRA Advisory Board
14.Old Business
A.Consideration of Fourth Amendment to the Purchase and Development Agreement
with Maple Tree Investments, LLC for the USPS Project on the CRA-Owned
Property Located at 401-411 E. Boynton Beach Boulevard for an Extension of Time
for Site Plan Approval
B.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
C.Consideration of Termination of the Commercial Rent Reimbursement Grant
Program to Potiwa Pizza LLC located in the Heart of Boynton Shops at 137 NE 10th
Avenue, Unit 104
D.Consideration of Funding Request for BB QOZ, LLC for the 115 N. Federal Highway
Mixed Use Project (The Pierce)
15.New Business
A.Consideration of Fiscal Year 2026-2027 Project Fund Budget
B.Consideration of Changing the Schedule for the CRA Regularly Meetings
16.Future Agenda Items
17.Adjournment
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.
A. Pending Assignments
B. Reports on Pending Assignments
NOTICE
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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.
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•Attachment I - One Ocean 2026 Annual Report
•Attachment II - The Pierce - CRA Report - Q2 2026
COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: July 14, 2026
INFORMATION ONLY
AGENDA ITEM 8.A
SUBJECT:
Miscellaneous Annual & Quarterly Reports for April - June 2026
SUMMARY:
The following reports are attached for review:
Ocean One – Annual Report (Attachment I). Ocean One submitted the report on a
timely basis, and construction on the project began following this submittal.
The Pierce – 2nd Quarterly Report (Attachment II).
ATTACHMENTS:
Description
4
Date: April 14, 2026
Mr. Timothy Tack, AIA
Interim Executive Director
Boynton Beach Community Redevelopment Agency
100 E. Ocean Ave
Boynton Beach, FL 33435
Re: Ocean One – CRA Compliance Annual Report (Q1 2026)
Dear Mr. Tack,
Per the requirements of the CRA Agreement for Ocean One (the “Project”), please find below
updates related to compliance activities and project status for the first quarter of 2026. Per the
terms of the TIRFA, the construction of the Project is to commence before June 6, 2026.
As of this reporting period, the equity and debt capital required to complete the project has been
finalized and closed. BB1 Owner, LLC (“BB1”) has been in direct contact with city officials and
all applicable departments regarding permitting, and BB1 has received a Letter of Compliance on
March 24th, 2026 from the City of Boynton Beach Planning and Development Department. BB1
is currently awaiting final land development permit (“LDP”) approval before commencing the
Notice to Proceed (“NTP”). BB1 anticipates receiving the LDP and issuing the NTP by April 30,
2026. Accordingly, construction has not commenced and permits remain in progress.
Given the current status, compliance obligations tied to active construction have not yet been
triggered. Grimes Consulting, LLC has been retained as the CRA Compliance Consultant and has
initiated pre-construction coordination to ensure readiness upon commencement, including
reporting setup, contractor outreach planning, and alignment with CRA requirements.
Workforce development and community outreach efforts during this period have been limited to
planning and coordination. Discussions have been held with the CRA regarding future job fairs
and local hiring initiatives, which are anticipated to be implemented during active construction
phases to maximize workforce participation.
Tax obligations for the Project have been satisfied. Please see Exhibit A – Proof of Payment for
Property Taxes for supporting documentation.
As construction has not yet commenced, there are no additional material updates at this time. We
remain actively engaged in pre-construction coordination and are committed to full compliance
with all CRA requirements as the Project progresses.
Thank you for your continued support and coordination.
Sincerely,
Geri Grimes Lewis – Grimes Consulting LLC for Hyperion Group
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Project: The Pierce
Date: 06/22/2026
Prepared by: BB QOZ, LLC
Project Updates
The Major Master Plan and Site Plan applications for the Hurricane Alley project were unanimously
approved by the Planning & Development Board and during two readings before the City Commission,
with final approval occurring on March 9, 2023.
Following approval, an entity related to F. Davis Camalier (FDC Associates, LLC), acting through 209 N.
Federal, LLC, filed a Petition for Writ of Certiorari against the City challenging the abandonments
required for the project to proceed as designed. On August 14, 2024, the court denied the petition,
allowing the project to advance pursuant to the terms of the First Amendment to the Purchase and
Development Agreement.
On October 28, 2024, the development team submitted an application for a building permit. After further
discussions with City Staff, the team elected to pursue one master permit and one LDP permit for the
entire project. Staff has agreed to work collaboratively with the developer to issue a partial Temporary
Certificate of Occupancy (TCO) for the Hurricane Alley building upon its completion.
During the platting process, it was discovered that there were portions of Lots 6 and 7 that were still
owned by the original property owners due to a scrivener’s error in the legal description. This issue has
since been resolved in coordination with the CRA. BB QOZ submitted an LOI that was approved by City
Commission on September 2nd. The quit claim deed was executed and recorded on January 27th 2026.
In the course of permitting, it was determined that underground utility relocation must occur prior to the
construction of the garage structure on the north portion of the property. The team successfully negotiated
the second and third amendments to the agreement, which allowed closing to occur on June 16, 2025 to
help expedite the relocation process.
On November 14, 2025, a fourth amendment was executed to allow our commercial tenant to designate 30
parking spaces for exclusive use of the tenant’s patrons. This came as the result of the neighboring
business owners raising concerns surrounding the use of the parking by certain construction personnel.
The underground utility relocation started in October with the sewer replacement, It has since received
final approval from the health department and, has officially been closed out since December 2025.
Demolition of the Miller Land Planning building is complete. As of June 2026, FPL successfully
completed the overhead to underground conversion for all affected property owners and ATT’s scope of
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work is complete throughout the entire property. At this time, we’re only pending Comcast’s overhead to
underground conversion which is scheduled to be complete before the end of June 2026.
On February 18, the project received a letter of technical compliance for the LDP permit and a notice of
utility plan approval. On March 9th, we received our permit ready letter for our master building permit.
We’re currently working with our General Contractor on finalizing our construction budget and working
through our debt package with our lender and equity investors.
On June 9th , the project received approval for a minor restructure of the TIF funding timeframes. Our
plans are out to bid, and we are targeting construction closing before the end of the year.
Development Deadlines (PDA/TIRFA Effective Date: July 8, 2022)
Description PDA/TIRFA Deadlines Amendments Status
Submit Site Plan
Approval
Package
January 4, 2023 N/A Complete - Submitted on
September 7, 2022
Annual
Performance
Report
April 30, 2026 N/A Submitted on March 26,
2026
Annual
Presentation
As requested by the CRA N/A 2026 Presentation TBD
Date Final
Judgement was
rendered
August 14, 2024 N/A Complete
Apply for
Building Permit
December 12, 2024 N/A Completed on October
28, 2024
Land Closing
Date
Within 36 months of Land Use
Approvals
On or before June 30, 2025 Completed on June 16,
2025
Financial
Closing Date
Within 36 months of Land Use
Approvals
Date on which all required
conditions and preconditions
for the commencement of
funding have been satisfied as
determined by the Lender and
Developer.
Date TBD or March 8,
2029
Commencement
of Construction
Within 2 years from Closing Date Earlier of:
1) 14 days following issuance
of master building permit
2) 72 months from land use
approvals
Date TBD
Obtain TCO
36 months from Commencement of
Construction
Unchanged Date TBD
Final CO Within 9.5 years after Effective Date Unchanged Date TBD
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COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: July 14, 2026
ANNOUNCEMENTS AND AWARDS
AGENDA ITEM 9.A
SUBJECT:
Boynton Beach Night Market Announcement
SUMMARY:
On Friday, July 24, 2026 and Saturday, July 25, 2026, from 5:00 p.m. to 11:00 p.m. the
BBCRA will host the Boynton Beach Night Market at the Centennial Park & Amphitheater,
located at 120 East Ocean Avenue.
The Night Market has become one of the BBCRA's signature annual activations, drawing
thousands of residents and visitors to Downtown Boynton Beach while showcasing local
businesses, restaurants, artisans, entertainers, and community organizations. The event
supports the CRA's mission by driving economic activity, increasing awareness of local
businesses, and activating Downtown Boynton Beach.
This year's Night Market will feature an exciting 1980s theme, creating a nostalgic atmosphere
through décor, interactive experiences, and themed activities. Live music will be provided by
Spider Cherry and Making Faces.
The free business promotional activation will feature a variety of Boynton Beach restaurants,
retailers, and professional service providers that will be exhibiting their goods and services to
event attendees. Attendees will be encouraged to visit local BBCRA area businesses to
receive complimentary items to "glow up" and learn about their services.
Walkable Parking Locations
Boynton Beach City Hall Parking Lots – SE Corner of Boynton Beach Boulevard and
Seacrest Blvd.
First Baptist Church of Boynton Beach – 301 N. Seacrest Boulevard
First Church of Boynton Beach – 101 N. Seacrest Boulevard
Parking lots located at 115 N. Federal Highway
Limited on-street parking along East Ocean Avenue
Additional designated parking locations will be announced (watch our social media for
updates)
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•Attachment I - Night Market Poster
Park & Ride Locations
Hester Center – 1901 N. Seacrest Boulevard
Journey Church - 715 S. Federal Highway
Boynton Beach Senior Center – 1021 S. Federal Highway
Please see Attachment I for the branded promotional poster that will be distributed to
businesses throughout the BBCRA area and at City of Boynton Beach municipal buildings.
FISCAL IMPACT:
FY 2025-2026 Budget, Project Fund, Line Item 02-58500-480 $150,000.
CRA PLAN/PROJECT/PROGRAM:
2016 Boynton Beach Community Redevelopment Plan
CRA BOARD OPTIONS:
No action is required from the CRA Board at this time.
ATTACHMENTS:
Description
15
FREE EVENT
BOYNTON
BEACH
NIGHT
MARKET
5 PM - 11 PM
PHOTOOPS
FRIDAY
JULY 24 TH
FRIDAY
JULY 24 TH
SATURDAY
JULY 25 TH
SATURDAY
JULY 25 TH
FRIDAY SATURDAY
CENTENNIAL PARK & AMPHITHEATER
120 E. OCEAN AVE.
CENTENNIAL PARK & AMPHITHEATER
120 E. OCEAN AVE.
FOODVENDORSLIVEMUSIC FAMILYFUNARTISANMARKET
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•June 9, 2026 CRA Board Meeting Minutes
COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: July 14, 2026
CONSENT AGENDA
AGENDA ITEM 11.A
SUBJECT:
Approval of the CRA Board Meeting Minutes for June 9, 2026
SUMMARY:
See attached minutes.
CRA BOARD OPTIONS:
Approve the June 9, 2026 CRA Board Meeting Minutes.
ATTACHMENTS:
Description
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22
23
24
25
26
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•Attachment I - The Ark Dog Services Marketing Grant Application
COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: July 14, 2026
CONSENT AGENDA
AGENDA ITEM 11.B
SUBJECT:
Approval of Two Commercial Business Marketing Grant Program Applications
SUMMARY:
The BBCRA’s Commercial Business Marketing Grant Program is designed to provide financial
assistance to businesses located within the BBCRA area in the form of a reimbursable grant
intended to offset the costs of marketing and branding initiatives that help businesses grow
and expand their reach to the local community and desired target demographics in
accordance with the BBCRA Community Redevelopment Plan. The program offers financial
assistance to eligible commercial businesses in the form of a $2,500 reimbursable grant for
eligible marketing or advertising expenses.
APPLICANTS:
CRA staff has received a completed grant application from:
1. The Ark Dog Services, LLC, located at 1406 N. Federal Highway, Boynton Beach, FL
33435 (see Attachment I).
2. Cafe Frankie's, located at 640 E. Ocean Avenue, Boynton Beach, FL 33435 (Attachment
II).
Both applications were reviewed by CRA staff and determined to meet the eligibility
requirements of the program.
FISCAL IMPACT:
FY 2025-2026 Budget Project Fund, Line Item 02-58400-445, $5,000 for Commercial
Business Marketing Grant
CRA PLAN/PROJECT/PROGRAM:
2016 Boynton Beach Community Redevelopment Plan
CRA BOARD OPTIONS:
Approve the Commercial Business Marketing Grant Applications for The Ark Dog Services
and Cafe Frankie's in the amount of $2,500 per business.
ATTACHMENTS:
Description
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•Attachment II - Cafe Frankies Marketing Grant Application
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Business Information
Additional Information
Application BBCRA Commercial Business Marketing Grant Program
Application
Status Awaiting Decision
Business Name THE ARK DOG SERVICES, LLC
Primary Contact Jairo Acevedo
Email napigrooming@gmail.com
Address 1406 North Federal Hwy, Boynton Bech, Florida 33435,
United States
Phone 305−962−9796
Website https://www.thearkdogservices.com/
Special
Requests
Submitted Time Aug 22, 2025 9:22 am
Tags
Fed ID#
87−4626661
Name and Title of Primary Contact Person for Business
Jairo AcevedoPresident
Business Mission Statement. Please provide a 2−3 sentence mission statement for the
applying business entity. This will be used as a way to introduce your business to the BBCRA
Board.
We are a Full Service Dog Grooming Parlor providing a peaceful space for dogs to come,
relax, and enjoy a spa day.
Numbers of years in existence
3
Time at current location
30
2
Are you a new business in Boynton Beach? (less than one year)
No
Description of your business. Please provide an overview of the products and/or services
provided.
Full Service Dog Grooming Parlor- Nail Trimming- Teeth Cleaning- Day Care
Number of employees
2
Hours of operation
Monday - Saturday8:30am - 6:00pm
Are you applying for grant assitance under any other program offered by the BBCRA?
None
Are you receiving grant assistance under any other governmental agencies? If yes, list any
additional grant sources and amounts. If no, say N/A.
N/A
Have you previously received funding from the BBCRA? If yes, please provide the year(s) of
assistance, type of funds received, and total amount. If no, say N/A.
Yes.2024 - Rent Grant2023−2024 - Commercial Property Improvement Grant
Are you currently receiving assistance through the BBCRA’s Social Media Outreach
Program (SMOP)?
Yes
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 a copy of the corporate documents here. Include any Fictitious Name Filings, if
applicable.
https://www.eventeny.com/files/23478−application-vendor-question-
026fg56htk4l1755868934.jpg
Upload a copy of the lease here.
https://www.eventeny.com/files/23478−application-vendor-question-
byfw5zrzfmsl1755868934.pdf
Upload City of Boynton Beach Business Tax Receipt here.
https://www.eventeny.com/files/23478−application-vendor-question-
jsr2n8j9d0z91755868934.pdf
Upload Palm Beach County Business Tax Receipt here.
https://www.eventeny.com/files/23478−application-vendor-question-
0wcn03d32qdw1755868934.pdf
Upload initialed and signed Rules and Regulations here. Available for download under the
"Related Files" section of application.
https://www.eventeny.com/files/23478−application-vendor-question-
m10nhtwdwdl41755868934.pdf
31
Upload your NOTARIZED Anti-Human Trafficking Affidavit. Available for download under the
"Related Files" section of application.
https://www.eventeny.com/files/23478−application-vendor-question-
k910s0f7wtnr1755868934.docx
Upload Business W-9 here. Available for download under the "Related Files" section of the
application.
https://www.eventeny.com/files/23478−application-vendor-question-
s9nlzpsn6c9t1755868935.pdf
Upload Grant Intake Form here. Available for download under the "Related Files" section of
the application.
https://www.eventeny.com/files/23478−application-vendor-question-
krvt4nm6s3061755868935.pdf
I understand that I need to apply for SMOP. The application can be found under "Related
Files: Attachment VIII – SMOP Application Link.”
Yes
Upload a document demonstrating your needs for commercial business marketing grant
assistance. Examples can be found under "Related Files: Attachment III – Demonstrated
Need for Commercial Business Marketing Grant Assistance"
https://www.eventeny.com/files/23478−application-vendor-question-
4g1f4z9dthdr1755868935.docx
Upload Attachment X - Marketing Grant Request here. Available for download under the
"Related Files" section of the application.
https://www.eventeny.com/files/23478−application-vendor-question-
jtz22lf29vrf1781700715.pdf
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.
Jairo Acevedo
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35
36
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Business Information
Additional Information
Application BBCRA Commercial Business Marketing Grant Program
Application
Status Awaiting Decision
Business Name cafe frankies
Primary Contact Thomas Smith
Email tonianntommy1@gmail.com
Address 5550 North Ocean Blvd, 110, Ocean Ridge, Florida 33435,
United States
Phone 347−777−1655
Website http://cafefrankies.com
Special
Requests
Submitted Time Jun 12, 2026 6:14 am
Tags
Fed ID#
871728996
Name and Title of Primary Contact Person for Business
Thomas smith/ owner
Business Mission Statement. Please provide a 2−3 sentence mission statement for the
applying business entity. This will be used as a way to introduce your business to the BBCRA
Board.
At Café Frankie’s, our mission is to provide an authentic Italian dining experience in a warm,
welcoming atmosphere where exceptional food, outstanding service, and genuine
hospitality bring people together. We are committed to using quality ingredients, fostering
meaningful connections with our guests, and creating memorable experiences that
encourage customers to return time and time again.As a locally owned small business in
Boynton Beach, we are dedicated to supporting the local economy by creating jobs,
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partnering with nearby organizations, and contributing to the continued growth and
vibrancy of our community. Through strategic branding and marketing initiatives, we aim to
increase awareness of Café Frankie’s, attract both residents and visitors, strengthen
downtown Boynton Beach as a dining destination, and ensure the long-term success and
sustainability of our business while enhancing the city’s economic development.The
requested grant funding will be used to strengthen Café Frankie’s brand identity and
expand our marketing efforts through professional branding, digital advertising, social
media campaigns, promotional materials, and community outreach. These initiatives will
increase visibility, attract new customers, encourage repeat business, and draw additional
visitors to downtown Boynton Beach. By growing our customer base, we will contribute to
local economic activity, support employment opportunities, and further the City’s goals of
business development and downtown revitalization.
Numbers of years in existence
5
Time at current location
5
Are you a new business in Boynton Beach? (less than one year)
No
Description of your business. Please provide an overview of the products and/or services
provided.
Full service restaurant
Number of employees
6
Hours of operation
7 days lunch and dinner
Are you applying for grant assitance under any other program offered by the BBCRA?
Commercial Property Improvement Grant
Are you receiving grant assistance under any other governmental agencies? If yes, list any
additional grant sources and amounts. If no, say N/A.
N/A
Have you previously received funding from the BBCRA? If yes, please provide the year(s) of
assistance, type of funds received, and total amount. If no, say N/A.
N/a
Are you currently receiving assistance through the BBCRA’s Social Media Outreach
Program (SMOP)?
No
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 a copy of the corporate documents here. Include any Fictitious Name Filings, if
applicable.
39
https://www.eventeny.com/files/23478−application-vendor-question-
hk3fhmc9vpg81781259248.jpeg
Upload a copy of the lease here.
https://www.eventeny.com/files/23478−application-vendor-question-
zsjhphxj7bcq1781259253.jpeg
Upload City of Boynton Beach Business Tax Receipt here.
https://www.eventeny.com/files/23478−application-vendor-question-
wd8dhxsg68791781259255.jpg
Upload Palm Beach County Business Tax Receipt here.
https://www.eventeny.com/files/23478−application-vendor-question-
q7207b4y8qp01781259256.jpg
Upload initialed and signed Rules and Regulations here. Available for download under the
"Related Files" section of application.
https://www.eventeny.com/files/23478−application-vendor-question-
jzgdnxdzh40×1781259260.jpeg
Upload your NOTARIZED Anti-Human Trafficking Affidavit. Available for download under the
"Related Files" section of application.
https://www.eventeny.com/files/23478−application-vendor-question-
f3mcsvzl134c1781259263.jpeg
Upload Business W-9 here. Available for download under the "Related Files" section of the
application.
https://www.eventeny.com/files/23478−application-vendor-question-
bxh56frz7nzk1781259264.jpg
Upload Grant Intake Form here. Available for download under the "Related Files" section of
the application.
https://www.eventeny.com/files/23478−application-vendor-question-
d563vxbnttgc1781259266.jpg
I understand that I need to apply for SMOP. The application can be found under "Related
Files: Attachment VIII – SMOP Application Link.”
Yes
Upload a document demonstrating your needs for commercial business marketing grant
assistance. Examples can be found under "Related Files: Attachment III – Demonstrated
Need for Commercial Business Marketing Grant Assistance"
https://www.eventeny.com/files/23478−application-vendor-question-
ngb4d7g309c21781259269.jpeg
Upload Attachment X - Marketing Grant Request here. Available for download under the
"Related Files" section of the application.
https://www.eventeny.com/files/23478−application-vendor-question-
hw3srj74yqz01781259277.jpeg
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.
Thomas Smith
40
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43
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COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: July 14, 2026
OLD BUSINESS
AGENDA ITEM 14.A
SUBJECT:
Consideration of Fourth Amendment to the Purchase and Development Agreement with Maple
Tree Investments, LLC for the USPS Project on the CRA-Owned Property Located at 401-411
E. Boynton Beach Boulevard for an Extension of Time for Site Plan Approval
SUMMARY:
On September 10, 2024, the CRA Board approved the Purchase and Development
Agreement with Maple Tree Investments, LLC (MTI) for the properties located at 401-411 E.
Boynton Beach Boulevard as a new retail operation for the United States Postal Service
(USPS). The Purchase and Development Agreement (PDA) was executed by both parties on
November 25, 2024, after approval by the City to dispose of the property for less than
appraised value per City Resolution 24-237. On July 8, 2025, the CRA Board approved the
First Amendment to the PDA accelerating the closing date on or before August 1, 2025.
Pursuant to the First Amendment the closing of the property took place on July 28, 2025.
In accordance with the PDA, the site plan approval was due within one year of the Effective
Date, which was November 25, 2025. On November 10, 2025, the CRA Board approved the
Second Amendment that extended the site plan approval to no later than April 1, 2026. On
March 9, 2026 the CRA approved the Third Amendment which extended the site plan approval
to no later than August 1, 2026 as MTI was waiting on receipt of an executed lease from
USPS (see Attachment I). A lease agreement between the parties was entered into before the
end of March 2026 (see Attachment II).
At this time, MTI is requesting an additional extension of its site plan approval to allow time to
prepare and submit a revised site plan in response to the Florida Department of
Transportation's (FDOT) request to relocate the facility's primary entrance from Boynton
Beach Boulevard to NE 3rd Street (see Attachment III).
CRA staff supports one final extension based on the circumstances surrounding the project
and recommends extending the site plan approval through December 31, 2026.
Attachment IV is a draft of the Fourth Amendment to the Purchase and Development
Agreement as approved by legal.
FISCAL IMPACT:
No Fiscal Impact
46
•Attachment I - Fully Executed Third Amendment to Purchase and Development
Agreement
•Attachment II - 3.31.26 Email RE confirmation of Lease Agreement for USPS retail
space 401 E BBB.pdf
•Attachment III - 7.6.26 Letter Requesting Extension of Time for Site Plan Approval-
MTI
•Attachment IV - Draft Fourth Amendment to Purchase and Development Agreement
CRA PLAN/PROJECT/PROGRAM:
2016 Boynton Beach CRA Community Redevelopment Plan
CRA BOARD OPTIONS:
1. Approval of the Fourth Amendment to the Purchase and Development Agreement with
Maple Tree Investments, LLC for the new USPS retail operation located at 401-411 E.
Boynton Beach Boulevard and allow the Board Chair to execute the agreement.
2. Do not approve the Fourth Amendment to the Purchase and Development Agreement with
Maple Tree Investments, LLC for the new USPS retail operation located at 401-411 E.
Boynton Beach Boulevard and allow the Board Chair to execute the agreement.
3. Other option as determined by the CRA Board.
ATTACHMENTS:
Description
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48
49
1
Utterback, Theresa
From:Hancock, Richard A - Greensboro, NC <Richard.A.Hancock2@usps.gov>
Sent:Tuesday, March 31, 2026 12:42 PM
To:Tack, Timothy; Utterback, Theresa
Subject:Re: Boynton Beach, FL Downtown Station New Space Project - Fully Funded - Retail New
Construction Lease Fully Executed
Follow Up Flag:Follow up
Flag Status:Flagged
Categories:Green Category
This Message Is From an External Sender
This message came from outside your organization.
Hi Tim and Theresa,
Good afternoon, I hope you are both doing well. We are fully funded for both the new retail facility as well as the
expansion of the existing Main OƯice to accommodate the carriers from the Downtown Station. The lease for the
new retail facility is fully executed. Both projects are in the design phase for the postal improvements. I
understand the Developer has been moving forward on his design and permitting process. I do not have any
timelines currently, but all action steps are moving forward. We are very excited about the new facility and the
improvements to the existing Main OƯice to service the Boynton Beach community.
Thank you for all your help,
Rick
Richard Hancock
Real Estate Specialist
USPS Facilities
PO Box 27497
Greensboro, NC 27498-1103
919-420-5284
336-324-7891 (Cell)
Richard.a.hancock2@usps.gov
50
Boynton Beach Community Redevelopment Agency
100 E. Ocean Avenue
Boynton Beach, FL 33435
Re: Request for Extension of Site Plan Approval Process
Property: Boynton Beach CRA USPS Development
Dear CRA Board Members,
On behalf of Maple Tree Investments, I respectfully request an extension of the site plan approval process for the
above-referenced project.
Maple Tree Investments remains fully committed to this development and appreciates the CRA’s continued
partnership. Since becoming involved in this project, we have worked diligently to move it toward construction.
However, several unforeseen circumstances outside of our control have extended the timeline and necessitate
additional time to complete the planning and approval process.
Specifically, we respectfully submit the following in support of our request:
• FDOT Access Requirements and Pending Redesign – During the engineering review process, the Florida
Department of Transportation has determined that vehicular access from East Boynton Beach Boulevard will not be
permitted. As a result, the project can no longer proceed using the original site configuration.
The project must now be redesigned to utilize access from NE 3rd Street. This redesign will require significant
modifications to the site plan, including changes to site circulation, building orientation, parking, utilities, and other
engineering elements necessary to satisfy FDOT requirements while continuing to meet the operational needs of the
United States Postal Service.
Because this redesign is substantial, additional time is necessary to complete the engineering, coordinate with the
Postal Service, and obtain the required governmental reviews and approvals.
• Initial Conceptual Site Layout – Maple Tree Investments did not originate the initial conceptual site layout. The
project advanced using the preliminary site configuration developed during the CRA planning process. As the
project moved into detailed engineering and agency review, site constraints and access issues were identified that
could not reasonably have been anticipated from the conceptual layout alone. Those findings have required
additional evaluation and coordination before a revised design can be completed.
• Continued Good Faith Efforts – Maple Tree Investments has remained actively engaged throughout this process
and continues to work with the CRA, the City of Boynton Beach, FDOT, the United States Postal Service, and our
engineering team to move the project forward. The requested extension is not the result of inactivity or a lack of
commitment by the applicant, but rather the additional time necessary to complete the required redesign and
governmental coordination resulting from FDOT’s access determination.
This project continues to represent a significant investment in the CRA district, and Maple Tree Investments remains
committed to bringing it to completion. An extension will allow the project to proceed in an orderly manner while
preserving the substantial time, effort, and resources already invested by all parties.
Thank you for your consideration of this request. We appreciate the CRA’s continued support and respectfully
request approval of an extension of the site plan approval process. Please let us know if additional information
would be helpful in your review.
51
#488116v2
4938-8008-2762, v. 1
FOURTH AMENDMENT TO PURCHASE AND DEVELOPMENT AGREEMENT
THIS FOURTH AMENDMENT TO PURCHASE AND DEVELOPMENT AGREEMENT (this
“Amendment”) is entered into as of this ____ day of ___________, 2026, by and between
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,
3rd Floor, Boynton Beach, Florida 33435 (hereinafter “Seller”) and MAPLE TREE INVESTMENTS,
LLC, a Kentucky Limited Liability Company with a business address of 2047 Grab Road,
Greensburg, Kentucky 42743 (hereinafter “Purchaser”). Seller and Purchaser may be referred to
herein individually as “Party” and collectively as the “Parties.”
RECITALS:
WHEREAS, the Parties entered into that certain Purchase and Development Agreement,
dated as of November 25, 2024, as amended by that certain First Amendment to the Purchase
and Development Agreement, dated as of July 8, 2025 and Second Amendment to the Purchase
and Development Agreement, dated as of November 12, 2025 and Third Amendment to the
Purchase and Development Agreement, dated as of March 10, 2026 (collectively, the
“Agreement”); and
WHEREAS, Paragraph 20.b Agreement (as modified by the Third Amendment) provides
that achievement of site plan approval from the City will be no later than August 1, 2026; and
WHEREAS, the Parties enter into this Amendment to modify and amend the Agreement,
all as provided for in this Amendment; and
NOW, THEREFORE, in consideration of TEN & NO/100 DOLLARS ($10.00) and other good
and valuable considerations, the receipt and sufficiency of which the Parties hereby
acknowledge, the Parties agree as follows:
1. Recitals; Capitalized Terms; Conflict. The foregoing Recitals are true and correct
and are incorporated herein by this reference, as if set forth in their entirety. Any capitalized
term not defined in this Amendment shall have the meaning ascribed to such term in the
Agreement. In the event of any conflict between the terms and conditions set forth in this
Amendment and those set forth in the Agreement, the terms and conditions of this Amendment
shall control.
2. Amendment. Paragraph 20. b of the Agreement, as amended, shall be deleted in
its entirety and replaced with the following:
“Achievement of site plan approval from the City will be no later than December 31, 2026.”;
3. Counterparts; Facsimile. This Amendment may be executed in one or more
counterparts and each executed counterpart shall, for all purposes, be deemed an original and
shall have the same force and effect as an original, all of which counterparts together shall
constitute the same instrument. The parties may rely on signatures transmitted via facsimile or
electronic mail. This Amendment shall become effective upon execution by all parties hereto.
52
#488116v2
4938-8008-2762, v. 1
4. Ratification. Except as specifically modified as set forth in this Amendment, the
Agreement is ratified and confirmed as written and remains in full force and effect without
modification.
IN WITNESS WHEREOF, the Parties have each executed and delivered this Amendment as
of the date set forth above.
PURCHASER:
MAPLE TREE INVESTMENTS, LLC
SELLER:
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
___________________________________
_____________________________________
Printed Name: _______________________ Printed Name: Rebecca Shelton
Title: ______________________________ Title: Chair
Date: ______________________________ Date: ________________________________
WITNESS:
___________________________________
Printed Name: _______________________
WITNESS:
_____________________________________
Printed Name: _________________________
53
COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: July 14, 2026
OLD BUSINESS
AGENDA ITEM 14.B
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).
54
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.
At the May 12, 2026 CRA Board meeting, the Board granted Potiwa Pizza, a 60-day
extension with a 30-day project update. The scheduled update for June 11, 2026, was to
include the following:
Proof of secured financing for the construction project
Provide an executed contract with the new General Contractor
Provide a project timeline
Proof of permit revisions submitted to the City Building Department
As of June 11, 2026, CRA staff did not receive an update from Potiwa Pizza regarding these
items. Staff is therefore providing a status update based on site observations and information
available through the City's Building Department permitting system.
55
•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
•Attachment VII - June 22nd Potiwa Email
The master permit and all sub-permits associated with the project expired on May 29,
2026, and remained in expired status as of June 11, 2026 (screenshot attached).
The City's Building Department permitting system does not reflect any permit revision
submissions since the Change of Contractor application was filed on April 28, 2026
(screenshot attached).
The permitting system does not reflect any change of subcontractor licenses at this time.
Photographs of the interior of the unit taken on June 11, 2026. Based on staff
observations, the condition of the space appears unchanged. The insulation and framing
visible in the June photographs are associated with the adjacent unit build-out (Unit 103).
A follow-up email was sent to Potiwa Pizza on June 22nd regarding the items listed above
requesting a project update no later than June 30th (see Attachment VII). No additional
updates were provided.
Potiwa Pizza is scheduled to appear on the July 14, 2026 CRA Board meeting agenda to
provide its 60-day project update.
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
ATTACHMENTS:
Description
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
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
76
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
77
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
78
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
79
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.
80
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
81
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
82
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
83
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>
84
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
85
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
86
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.
87
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
88
This Message Is From an Untrusted Sender
You have not previously corresponded with this sender.
From:Nicklien, Bonnie
To:Pot"iwa Pizza; Lucika Suarez; Almiracle Saint Fort; Rock Andre
Cc:Radigan, Amanda; Temple, Adam N.
Subject:RE: Potiwa Pizza Boynton Beach Project.
Date:Monday, June 22, 2026 9:46:00 AM
Attachments:Permit Expiration - Potiwa.JPG
Potiwa Pizza Next Steps.msg
Good Morning Jude,
Thank you for your email. I hope all is well!
At the May 12, 2026 CRA Board meeting, the Board granted Potiwa Pizza, a 60-day extension with a
30-day project update. The scheduled update for June 11, 2026, was to include the following:
Proof of secured financing for the construction project
Provide an executed contract with the new General Contractor
Provide a project timeline
Proof of permit revisions submitted to the City Building Department
Please provide an update on all of the items listed above.
Additionally, the master permit and all sub-permits associated with the project expired on May 29,
2026, and remain in expired status as of June 22, 2026 (screenshot attached). Your General
Contractor will also need to submit the paperwork for all of their subcontractors. The subcontractors
on file are still those under Jorge (RS Construction).
The next update will be on the July 14th CRA Board agenda. For that agenda publication, I will need
your latest project update no later than June 30th.
Please reach out with any questions.
Best Regards,
Bonnie
From: Pot'iwa Pizza <potiwapizza@gmail.com>
Sent: Wednesday, June 17, 2026 9:06 PM
To: Lucika Suarez <lucikasuarez5@gmail.com>; Almiracle Saint Fort <almyrack@gmail.com>; Rock
Andre <mrockandre@gmail.com>; Nicklien, Bonnie <NicklienB@bbfl.us>
Subject: Potiwa Pizza Boynton Beach Project.
Dear Bonnie and CRA Board Members, Re: Potiwa Pizza Boynton Beach Project Build-Out I would like to inform you that we have a contractor in place who has already secured all required permits and prepared a complete scope of work. We are readyZjQcmQRYFpfptBannerStart
89
ZjQcmQRYFpfptBannerEnd
Dear Bonnie and CRA Board Members,
Re: Potiwa Pizza Boynton Beach Project Build-Out
I would like to inform you that we have a contractor in place who has already secured all
required permits and prepared a complete scope of work. We are ready to begin construction
immediately upon approval and disbursement of funding.
To ensure that the project moves forward without delay, I have proactively submitted
financing applications to both LEY Capital and Advanced Global Financing. We are seeking
approximately $250,000 in financing to complete the build-out and launch the Potiwa Pizza
Boynton Beach location. These applications are currently under review, and I expect to
receive updates within the next few business days.
By pursuing multiple financing sources, we are working diligently to secure the capital needed
to complete the project and begin operations as planned. Once financing is approved and funds
are available, we will be prepared to commence construction immediately and move forward
according to the approved scope of work.
Please let me know if you require any additional information, documentation, or updates
regarding the project or financing process.
Thank you for your time, consideration, and continued support of the Potiwa Pizza Boynton
Beach project. We appreciate the CRA’s commitment to supporting local business
development and economic growth within the community.
Sincerely,
Jude Vaillant
90
•Attachment I - Commercial Rent Reimbursement Grant Application
•Attachment II - Location Map
•Attachment III - Lease
COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: July 14, 2026
OLD BUSINESS
AGENDA ITEM 14.C
SUBJECT:
Consideration of Termination of the Commercial Rent Reimbursement Grant Program to
Potiwa Pizza LLC located in the Heart of Boynton Shops at 137 NE 10th Avenue, Unit 104
SUMMARY:
The Boynton Beach CRA's Commercial Rent Reimbursement Grant Program provides eligible
new and expanding businesses located within the CRA district with rent reimbursement
assistance for up to 12 months.
On May 15, 2024, the CRA Board approved a Commercial Rent Reimbursement Grant in the
amount of $10,937.88 for Potiwa Pizza LLC, located at 137 NE 10th Avenue, Unit 104,
Boynton Beach, Florida, within the Heart of Boynton Shops (see Attachments I–III).
At the July 14, 2026 CRA Board meeting, the Board will consider terminating the Commercial
Property Improvement Grant awarded to Potiwa Pizza LLC. Should the Board approve that
action, CRA staff also recommends terminating the associated Commercial Rent
Reimbursement Grant. Any remaining grant funds would be returned to the program and
made available to support other eligible businesses currently in the funding pipeline.
FISCAL IMPACT:
FY 2023-2024 Budget, Project Fund, Line Item 02-58400-444, $10,937.88
CRA PLAN/PROJECT/PROGRAM:
2016 Boynton Beach Community Redevelopment Plan
CRA BOARD OPTIONS:
To be determined based on Board discussion.
ATTACHMENTS:
Description
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2 yrs
$1822.98
12485 NE 6th CT North Miami, FL 33161
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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
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COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: July 14, 2026
OLD BUSINESS
AGENDA ITEM 14.D
SUBJECT:
Consideration of Funding Request for BB QOZ, LLC for the 115 N. Federal Highway Mixed
Use Project (The Pierce)
SUMMARY:
On J une 7, 2022, the CRA Board approved a Purchase and Development Agreement (PDA),
Tax Increment Revenue Funding Agreement (TIRFA), and a Parking Lease Agreement with
BB QOZ, LLC for The Pierce project (see Attachments I-III). In response to litigation, the PDA
was subsequently amended to extend certain deadlines (see Attachment IV). On April 9,
2025, the parties entered into a Second Amendment to the PDA in order to close early on the
property and conduct preconstruction work in order to facilitate the timely completion of the
project (see Attachment V).
On May 16, 2025 the CRA Board entered into a Third Amendment to the PDA (see
Attachment VI) which included the following terms:
Change in the legal description to include the City's conveyance of certain real property
Schedule a closing date on or before June 30, 2025, which accommodates the
preconstruction work to be performed as agreed to in the Second Amendment to the
PDA
In addition, the Board entered into a First Amendment to the TIRFA (see Attachment VII) on
May 16, 2025 which included the following terms:
Removing adequate proof of financial closing in conformance with the Purchase and
Development Agreement
Redefined the term "Commencement of Construction" or "Construction Commencement"
Redefined the term Property
Changed the legal description to include the City's conveyance of certain real property
Addition of Notification to the CRA of Commencement of Construction
On November 14, 2025, the CRA Board entered into a Fourth Amendment to the PDA (see
Attachment VIII) to clarify the availability of public parking.
On June 9, 2026 the Board approved the request from BB QOZ LLC to convert the existing
TIRFA agreement into a form of grant agreement that would condense the current payment
schedule from a 15 year term into a three year term, as follows (see Attachment IX):
Year 1: $2,000,000, due 30 days after a Temporary Certificate of Occupancy is issued
for the residential portions of the project
117
•Attachment I - Purchase and Development Agreement
•Attachment II - Tax Increment Revenue Funding Agreement
•Attachment III - Parking Lease Agreement
•Attachment IV - First Amendment to Purchase and Development Agreement
•Attachment V - Second Amendment to Purchase and Development Agreement
•Attachment VI - Third Amendment to the Purchase Development
•Attachment VII - First Amendment to TIRFA
•Attachment VIII - Fourth Amendment to Purchase and Development Agreement
Year 2: $3,000,000, due one year after the Year 1 payment, conditioned on BB QOZ,
LLC receiving a Certificate of Occupancy
Year 3: $2,000,000, due 1 year after the Year 2 payment.
BB QOZ, LLC has requested the terms approved by the Board on June 9, 2026 be reduced
from a three year term to a two year term as follows (see Attachment X):
Year 1: $4,000,000, due 40 days following BB QOZ, LLC's notice of completion of
construction by providing a Temporary Certificate of Occupancy or Certificate of
Occupancy for the residential units of the project
Year 2: $3,000,000, due upon receipt of a copy of the Certificate of Occupancy for the
residential units of the project.
In addition, BB QOZ, LLC established a "First Look" leasing program for the residential units
wherein Hometown Heroes (first responders, law enforcement, firefighters, emergency
medical personnel, teachers/school employees, military veterans and other public service
employees/essential workers) will receive the opportunity to lease the workforce housing units
30 days prior to those units being available to the general public.
The Project described in the existing Agreements, including BB QOZ, LLC’s affordable
housing obligations, remain intact in the proposed restated agreement.
The CRA Executive Director recommends approval the new terms as proposed by BB QOZ,
LLC.
FISCAL IMPACT:
If approved, allocation of funds will be done through the upcoming FY 26-27 CRA budget.
CRA PLAN/PROJECT/PROGRAM:
2016 Boynton Beach Community Redevelopment Plan
CRA BOARD OPTIONS:
1. Approve the Grant Funding Incentive Agreement between the Boynton Beach CRA and
BB QOZ for The Pierce located at 115 N. Federal Highway.
2. Do not approve the Grant Funding Incentive Agreement.
3. Other options as determined by the Board.
ATTACHMENTS:
Description
118
•Attachment IX - Grant Agreement
•Amended and Restated TIRFA-Clean 7.8.2026.docx
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#1010558v8
GRANT FUNDING INCENTIVE AGREEMENT
This Grant Funding Incentive Agreement (hereinafter “Agreement”) entered into as of the
_____ day of _______________, 2026, by and between:
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created
pursuant to Chapter 163, Part III of the Florida Statutes, (hereinafter the “CRA”), with a business
address of 100 East Ocean Avenue, 4th floor, Boynton Beach, Florida 33435,
and
BB QOZ, LLC, a Florida limited liability company, with a business address of 613 NW 3rd
Ave., Suite 104, Fort Lauderdale, Florida 33311, and its successors or assigns (hereinafter, the
“Developer”; the Developer and the CRA are collectively referred to herein as the “Parties”).
RECITALS
WHEREAS, Developer submitted a proposal, a copy of which is attached here to as Exhibit
“A,” (the “Proposal”) in response to the Request for Proposals and Developer Qualifications for
the 115 N. Federal Highway Infill Mixed-Use Redevelopment Project (“RFP”) issued by the CRA on
July 23, 2021, incorporated herein by reference, which proposal was accepted by the CRA Board
on November 30, 2021; and
WHEREAS, the CRA has determined that the Project , as defined herein, furthers the
Boynton Beach Community Redevelopment Plan; and
WHEREAS, Developer has the knowledge, ability, skill, and resources to effectuate the
construction and development of the Project; and
WHEREAS, the CRA has determined that a public-private partnership in which the CRA
provides CRA Grant Funding for the Project will further the goals and objectives of the Boynton
Beach Community Redevelopment Plan; and
WHEREAS, in furtherance of the foregoing, the Parties entered into that certain Tax
Increment Revenue Funding Agreement, dated as of July 5, 2022 , as amended by that certain
First Amendment to Tax Increment Revenue Funding Agreement, dated as of May 16, 2025 (the
“TIFRA”); and
WHEREAS, the Parties have elected to amend, restate and replace the TIFRA in its entirety
with this Agreement; and
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NOW THEREFORE, in consideration of the mutual covenants and promises set forth
herein, the sufficiency of which both Parties hereby acknowledge, the Parties agree as follows:
Section 1. Incorporation. The recitals above and all other information above are hereby
incorporated herein as if fully set forth.
Section 2. Definitions. As used in this Agreement, the following terms shall have the
following meanings, which shall apply to words in both the singular and plural forms of
such words:
2.1. [Intentionally Deleted]
2.2. Area Median Income (“AMI”) shall mean the City of Boynton Beach Area Median
Income, as set forth and published each year by the City of Boynton Beach, unless
required by the Lender to mean Palm Beach County Area Median Income, as set forth
and published each year by the Department of Housing and Urban Development. If
the Lender does not make a determination, the Developer shall use the City of
Boynton Beach Area Median Income, provided that : (a) the City publishes AMI levels
on a regular (annual) basis, (b) the AMI levels are made readily available to the general
public, and (c) the City utilizes the same calculation methodology as does the
Department of Housing & Urban Development.
2.3. [Intentionally Deleted]
2.4. “City” means the City of Boynton Beach, Florida.
2.5. “Commencement of Construction” or “Construction Commencement” means the
date on which all of the following have occurred: (a) a master building permit has
been issued for the Project and (b) construction activities have commenced consistent
with the master building permit. Work performed on the Property prior to the
Effective Date shall not constitute “commencement of construction,” nor shall work
performed by or on behalf of Florida Power and Light to supply electricity to the
Property in association with the work performed prior to the Effective Date.
2.6. "Completion of Construction” shall mean the date for which the Project is
substantially complete and the Temporary Certificate of Occupancy has been issued
by the appropriate governing authority.
2.7. “CRA Grant Funding” shall mean the Grant Payments, totaling $7,000,000.00, that
the CRA pays Developer from the Trust Fund pursuant to this Agreement.
2.8. "Effective Date" shall mean the date the last party to this Agreement executes this
Agreement.
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2.9. “Financial Closing” The date on which all agreements and loan documents for the
financing of the Project have been executed and all required conditions contained in
such agreements and loan documents for the commencement of funding have been
satisfied, as determined by Lender and Developer.
2.10. “Grant Payments” shall have the meaning set forth in Section 6.1.1 hereof.
2.11. “Land Use Approvals” shall mean all required site plan, zoning, platting/replatting
approvals from the City of Boynton Beach necessary to procure building permits to
construct the Project on the Property.
2.12. “Lender” shall mean the lender selected by the Developer to provide a mortgage loan
that is secured by all or any part of the Project.
2.13. [Intentionally Deleted]
2.14. “Property” means the property subject to this Agreement upon which the Project
shall be developed as more particularly described in Exhibit “B-1”, attached hereto
and incorporated herein by reference.
2.15. “Purchase Agreement” means that certain Purchase and Development Agreement by
and between the CRA, as seller, and Developer, as purchaser, dated as of July 8, 2022,
as amended by that certain First Amendment to Purchase and Development
Agreement, dated as of September 13, 2023, as further amended by that certain
Second Amendment to Purchase and Development Agreement, dated as of April 9,
2025, and as further amended by that certain Third Amendment to Purchase and
Development Agreement, dated as of May 13, 2025.
2.16. “Trust Fund” means the Redevelopment Trust Fund for the Boynton Beach
Community Redevelopment Area, pursuant to Florida Statutes, Section 163.387.
Section 3. Developer’s Obligations and Covenants.
3.1 Construction of the Project. Developer shall construct a mixed-use, transit-
oriented development containing a mixed-income workforce housing rental apartment building
with restaurant, retail space, and office space, including public parking that incorporates public
pedestrian connectivity, consistent with the Proposal (hereinafter the “Project”). In the event of
a conflict between the Proposal and this Agreement, this Agreement shall control. The Project
will include the Required Elements set forth below and be built consistent in all material respects
with the Conceptual Site Plan attached hereto as Exhibit “C” except as revised pursuant to this
Paragraph. The Conceptual Site Plan may be revised by Developer from time to time without the
consent of the CRA, provided, however, that any change to the Conceptual Site Plan that would
result in a change to any of the Required Elements (hereinafter defined) shall require the
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approval of the CRA, which approval shall not be unreasonably withheld, conditioned or delayed,
except that Developer may increase the units or nonresidential or residential square footage
without the consent of the CRA.
3.2 Development Deadlines. The following events must be completed as set forth
herein and evidence of same shall be provided to the CRA upon completion of each event
(collectively the “Project Deadlines”). At all times after the Effective Date, the CRA shall cooperate
with Developer using good faith and due diligence to facilitate and expedite Developer’s
satisfaction of the Project Deadlines, which include, without limitation, the Land Use Approvals.
3.2.1. Submission of application to the City for site plan approval within one
hundred eighty (180) days from the Effective Date. For purposes of this Section,
submission of application shall mean the good faith submittal of a complete
application for site plan approval to the City of Boynton Beach, and any later
request for information, or rejection or return by the City of Boynton Beach for
reasons of technical compliance, shall not be deemed failure of Developer to
comply with the requirements of this Section. Developer may extend the deadline
for submission of application to the City for site plan approval by no more than
sixty (60) days, subject to prior, written approval of the CRA at the CRA’s sole and
reasonable discretion. The Parties agree that the development deadline set forth
in this Section 3.2.1 of the Agreement was timely satisfied on September 7, 2022.
3.2.2 Developer shall diligently and continuously pursue site plan approval and all
other required Land Use Approvals until the same are issued.
3.2.3 Developer shall submit construction documents and all necessary
applications to the City to obtain necessary building permits for the Project within one
hundred twenty (120) days of obtaining formal site plan approval from the City . The
parties agree that the development deadline set forth in this Section 3.2.3 of the
Agreement was timely satisfied on October 28, 2024.
3.2.4 Developer shall provide the CRA with updates on the process of obtaining
financing for the Project, together with reasonable documentation, upon the CRA’s
request therefor.
3.2.5 Commencement of Construction shall occur on the earlier of: (a) fourteen
(14) days following the issuance of a master building permit to construct the Project; and
(b) seventy-two (72) months from the date of land use approvals. Within 10 days of
Commencement of Construction, Developer shall notify the CRA in writing of the date
Developer believes Commencement of Construction has occurred. Developer may extend
the deadline for Commencement of Construction by one (1) period of twelve (12) months,
subject to receipt of written approval from the CRA, which approval shall not be
unreasonably withheld, conditioned or delayed provided Developer is using good faith
efforts and due diligence to achieve Commencement of Construction. Upon
Commencement of Construction, construction activities will continue on a consistent
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basis to complete construction of the Project. Prior to Commencement of Construction,
Developer shall deliver evidence to the CRA of the financial wherewithal of Developer to
complete construction of the Project (the “Financial Evidence”), which, by way of
example, may be evidenced by an executed term sh eet with a financial institution or
accredited investor confirming its commitment to fund subject to typical funding terms
and preconditions, such as the obligation to fund Developer capital prior to Lender
funding. Financial Evidence shall indicate that all required conditions and preconditions
for the commencement of funding have been satisfied (as determined by Lender and
Developer), other than the obligation to fund Developer capital prior to Lender funding
and other than typical preconditions which, by their nature, shall be satisfied during the
period of time that Developer capital is being funded. The CRA shall not unreasonably
object to the Financial Evidence.
3.2.6 Developer shall ensure that the groundbreaking ceremony will occur prior
to or simultaneously with the Commencement of Construction.
3.2.7 Completion of Construction within thirty-six (36) months of
Commencement of Construction; provided, however, Developer shall have the right to
extend the deadline for Completion of Construction for one (1) period of twelve (12)
months subject to receipt of written approval from the CRA, which approval shall not be
unreasonably withheld, condition or delayed provided Developer is using good faith
efforts and due diligence to achieve Completion of Construction. After receipt of a
temporary certificate of occupancy, Developer shall use good faith efforts and due
diligence to obtain a final certificate of occupancy in an expeditious manner. Developer
shall obtain a certificate of occupancy for the Project no later than 9.5 years after the
Effective Date.
3.2.8 Developer shall ensure that a ribbon cutting ceremony will occur prior to
occupancy of the residential portion of the Project.
3.3 Required Project Elements. The Project must include all of the following elements
(the “Required Elements”).
3.3.1 A rental apartment building including a minimum of 236 rental units
subject to the following requirements.
3.3.1.1 The units shall be rented in accordance with the following ratio
(regardless of how many units are constructed) (the “Affordability
Requirements”):
Tier One: 3.8% of the total rental units to tenants that earn up to
80% of the AMI;
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Tier Two: 23.1% of the total rental units to tenants that earn up to
100% of the AMI;
Tier Three: 23.1% of the total rental units to tenants that earn up
to 120% of the AMI; and
Tier Four: the remaining total rental units shall be unrestricted.
Tier One, Tier Two, and Tier Three units shall be the Restricted
Units. If necessary, and if consented to by Developer in
Developer’s sole and absolute discretion, the total rental units
and Affordability Requirements may be adjusted as may be
required in order to meet the minimum code requirements of the
City of Boynton Beach’s Workforce Housing Program, provided
that at no time shall the sum of Tier One, Tier Two and Tier Three
units be less than 50% of the total rental units.
The units shall be rented to tenants in compliance with fair
housing laws. Developer shall not segregate units based on
income levels. When not in contravention of such laws, Developer
will not designate all affordable unit to be in the same Tier and
will attempt to designate a variety of unit types as affordable
units.
3.3.1.2 The Developer recorded that certain Master Declaration of Restrictive
Covenants in Book 35870, Page 712 of the Official Records of Palm Beach County, Florida (the
“Restrictive Covenant”).
3.3.2 A minimum of 16,800 square feet of commercial space (e.g. restaurant,
retail and office).
3.3.3 A minimum of 150 public parking spaces in addition to the parking spaces
Landlord reasonably calculates Landlord will require for the commercial and residential portions
for the Project, which shall be located in a parking garage to be constructed by Developer and
which shall remain open to the public in perpetuity pursuant to a lease agreement to be executed
between the Parties, (the “CRA Spaces”), in a form substantially similar to the lease attached
hereto as Exhibit “D.” Although the CRA Spaces are separate from the parking spaces that are
designated for the residential and commercial uses, and shall not be designated by Developer for
association with the residential or commercial uses, the CRA Spaces shall be included in the
calculation of determining the total number of parking spaces required for compliance of the
residential and commercial uses with the minimum code requirements of the City of Boynton
Beach.
Section 4. Public Benefits. Developer shall comply with the following Requirements.
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4.1. Job Fairs, and Apprenticeship. Prior to and/or during the construction of the Project,
Developer shall use commercially reasonable efforts to:
Host two (2) job fairs, between Commencement of Construction and Completion of
Construction, at a venue within the City of Boynton Beach;
Participate in job fairs within 15 miles of the City when notified of such job fairs by
CareerSource Palm Beach County or such other entity as the CRA may designate from
time to time;
Include requirements in all contracts with contractors that the contractors use
commercially reasonable efforts to participate in an apprenticeship program; and
Provide documentation evidencing satisfaction of these requirements upon request by
the CRA and as part of the Annual Performance Report (hereinafter defined).
4.2. Green Building. Developer will achieve a minimum National Green Building
Standards (NGBS) Bronze certification for the residential building. Evidence of the NBGS Bronze
certification shall be submitted to the CRA within twelve (12) months following Completion of
Construction. Developer will analyze the feasibility of using the chilled water services offered by
the District Energy Facility located in the Town Square complex.
4.3 Green Wall. Developer shall use commercially reasonably efforts to incorporate a
green wall into the wall of the parking garage associated with the Project consistent with City
code.
4.4 Electric Vehicle Charging Stations. Developer shall install provisions to
accommodate a minimum of two (2) electric vehicle charging stations of charging type Level 2 or
higher, in the CRA Spaces, and in addition, Developer shall install conduit (pipe) to allow the CRA
to install additional electric vehicle charging stations in up to 15 of the other CRA Spaces, the
specific number and location of spaces to receive such conduit to be mutually agreed to by the
Parties prior to finalization of construction plans for the parking associated with the Project.
Section 5. Certification Requirements.
5.1 Annual Performance Report. Commencing upon the Effective Date, Developer shall
annually provide the CRA with an Annual Performance Report for the Project certifying
Developer’s compliance with the requirements of this Agreement and the Purchase and
Development Agreement and, as applicable upon Completion of Construction, evidencing that
Developer has paid all property taxes for the Property for the preceding year. Such report must
be submitted to the CRA no later than the last day of April for the preceding year and must meet
all requirements for the Annual Performance Report contained in this Agreement. The Annual
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Performance Report shall include a report from an independent third party CPA confirming
compliance with the Affordability Requirements. Further, Developer shall, at any time requested
by the CRA but not less than once per calendar year, appear before the CRA Board and provide
any information requested regarding the Project. The obligation to deliver an Annual
Performance Report shall terminate in the year 2044(so that the last Annual Performance Report
shall be due on or prior to April 30th of the year2044) years following Completion of Construction).
5.2 Conditions Precedent to CRA Grant Funding. The following are conditions precedent
to the CRA’s distribution of CRA Grant Funding:
5.2.1 Completion of Construction; and
5.2.2 Developer has timely complied with its obligations to deliver Annual
Performance Reports as set forth in Section 5.1 hereof ; provided that the CRA has not
delivered a written notice to Developer stating that the Annual Performance Report is not
in compliance with this Agreement within thirty-five (35) days after receipt of the Annual
Performance Report; and
5.2.3 Developer is not delinquent in its payment of ad valorem property taxes
for the Property or any portion thereof; and
5.2.4 Developer is not in material default beyond any applicable notice and cure
period under any terms or provisions of this Agreement, subject to Section 8 below.
5.2.5 [Intentionally Deleted].
In order to receive the Second Grant Payment (as defined below) or any payment
thereafter, Developer must have received a final certificate of occupancy allowing for
occupancy of all residential units of the Project.
Section 6. CRA Grant Funding.
6.1 Payment Schedule.
6.1.1 The CRA hereby agrees to pledge and assign to Developer pursuant to the
terms of this Agreement, CRA Grant Funding from the Trust Fund in the total
amount of seven million dollars ($7,000,000.00) to be used to fund or reimburse
costs of the Project, including without limitation, public infrastructure, public
parking and other costs associated with the Project, pursuant to the following
payment schedule (the following A, B and C are collectively referred to as the
“Grant Payments”):
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A. $2,000,000.00 (“First Grant Payment”)shall be paid from the Trust Fund to
Developer within forty (40) days following receipt of notice from
Developer of Completion of Construction, as evidenced by a copy of the
temporary certificate of occupancy or certificate of occupancy allowing for
occupancy of all residential units of the Project;
B. $3,000,000.00 (the “Second Grant Payment”)shall be paid from the Trust
Fund to Developer one year after the First Grant Payment is paid; and
C. $2,000,000.00 (“Third Grant Payment”) shall be paid from the Trust Fund
to Developer one year after the Second Grant Payment is paid.
Provided that the conditions precedent set forth in Section 5.2 hereof have been satisfied , the
CRA shall cause the Grant Payments to be paid to Developer in accordance with the above
payment schedule.
6.2 Penalty for failure to comply with Affordability Requirements. If the Annual
Performance Report discovers non-compliance with the Affordability Requirements, then for any
unit subject to the Affordability Requirements that was rented out above the rates published by
Palm Beach County for the applicable AMI, for a period of more than three (3) months after
Developer had actual knowledge of the non-compliance, the penalty to be paid to the CRA
(“Payment Penalty”), due thirty (30) days after the Annual Performance Report is delivered to
the CRA, shall be equivalent to double the amount of the difference (the difference being the
amount between the actual rental rate and the rate published by Palm Beach County for the
applicable AMI) until such unit was brought into compliance with the Affordability Requirements.
For example (using fake numbers), if the published Palm Beach County rate for a Tier 2 Unit is
$500 per month, and such Tier 2 Unit is rented for $600 per month, then the fine paid to the CRA
would be $200 per month for the period of non-compliance. For the avoidance of doubt, no
penalty shall be paid to the CRA if Developer replaces a non-compliant unit with a compliant unit
within three (3) months after Developer obtains actual knowledge of existence of the non -
compliant unit.
6.3 Appropriations. The CRA warrants and represents that the CRA Grant Funding is
not the subject of any prior pledge by the CRA. The CRA covenants and agrees to budget and
appropriate in its annual budget, in each fiscal year, available and unencumbered funds in the
Community Redevelopment Agency Trust Fund sufficient to satisfy and timely pay the Grant
Payments. The CRA’s performance and obligation to pay under this Agreement is contingent
upon annual appropriation by the CRA Board, consistent with Section 189.016, Florida Statutes.
6.4 Form of Payment. Payment of the Grant Payments shall be in the form of a CRA
check made payable to the Developer. No payment made under this Agreement shall be
conclusive evidence of the performance of this Agreement by Developer, either wholly or in part,
and no payment shall be construed to relieve Developer of obligations under this Agreement or
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to be an acceptance of faulty or incomplete rendition of Developer’s obligations under this
Agreement.
Section 7. Notice and Contact. Any notice or other document required or allowed to be
given pursuant to this Agreement shall be in writing and shall be delivered personally, or
by recognized overnight courier or sent by certified mail, postage prepaid, return receipt
requested. The use of electronic communication is not considered as providing proper
notice pursuant to this Agreement.
If to CRA, such notice shall be addressed to:
Boynton Beach Community Redevelopment Agency
Attention: __________, Executive Director
100 E. Ocean Avenue, 4th Floor
Boynton Beach, FL 33435
With a copy to:
Tara W. Duhy, Esq.
Lewis, Longman & Walker, P.A.
360 S. Rosemary Ave
Suite 1100
West Palm Beach, Florida 33401
If to Developer, such notice shall be addressed to:
BB QOZ, LLC
Attention: Jeff Burns & Nicholas Rojo
613 NW 3rd Ave., Ste. 104
Fort Lauderdale, Florida 33311
With a copy to:
Lance M. Aker, Esq.
Kapp Morrison LLP
7900 Glades Road, Ste 550
Boca Raton, Florida 33434
Section 8. Default.
8.1 Developer Default. The failure of Developer to comply with the provisions set
forth in this Agreement shall constitute a default and breach of this Agreement. If
Developer fails to cure the default within thirty (30) days of notice from the CRA, the CRA
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may withhold payment of the applicable Grant Payment to Developer until the default is
cured (as evidenced by written notice from Developer to the CRA, provided that the CRA
does not object to such cure within thirty five (35) business days after receipt of written
notice from the Developer); provided, however, if such default takes longer than thirty
(30) days to cure, such cure period shall be extended until the Developer cures such
default provided that the Developer is using good faith efforts to effectuate such cure in
a diligent manner and such cure can be completed within the same calendar year.
Developer shall not be entitled to, and the CRA shall not be obligated to disburse, any
Grant Payment while Developer is in default of this Agreement or has otherwise failed to
meet its obligations under this Agreement, regardless of whether Developer is making
good faith efforts to cure; provided however, once Developer cures its default the CRA
shall confirm the sufficiency of such cure within forty-five (45) days’ notice of such cure
and shall immediately thereafter disburse the applicable Grant Payment. A default under
this Agreement shall not terminate this Agreement, but payments of the Grant Payments
to Developer shall not re-commence until such default is cured. Notwithstanding the
foregoing, if the Developer fails to cure the default within two (2) years of notice, this
Agreement may be terminated at the option of the CRA.
8.2 CRA Default. In the event the CRA is found by a court of competent jurisdiction
to be in default under this Agreement, Developer’s remedy shall be limited to an amount
equal to the total amount of Grant Funding, subject to the terms of this
Agreement. Nothing in this Section 8.2 shall be deemed a waiver of the CRA’s sovereign
immunity beyond the limits set forth in Section 768.28, Florida Statutes.
Section 9. Termination. This Agreement shall automatically terminate: 1) on that date that
is fifteen (15) years following Completion of Construction; or 2) if Developer fails to
Commence Construction or Complete Construction of the Project as required herein
(unless such time period is extended by the CRA or this Agreement is assigned to Lender
pursuant to the terms of this Agreement).
Section 10. Miscellaneous Provisions.
10.1. Waiver. The CRA shall not be responsible for any property damages or
personal injury sustained by Developer from any cause whatsoever related to the
development of the Project, whether such damage or injury occurs before, during,
or after the construction of the Project or the term of this Agreement, except if
caused by the gross negligence or willful misconduct of the CRA. Except as set
forth in the foregoing sentence, Developer hereby forever waives, discharges, and
releases the CRA, its agents, and its employees, to the fullest extent the law allows,
from any liability for any damage or injury sustained by Developer.
10.2. Indemnification. Developer shall indemnify, save, and hold harmless the
CRA, its agents, and its employees from any liability, claim, demand, suit, loss, cost,
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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 or the faulty equipment (including
equipment installation and removal) of Developer. Nothing in this Agreement
shall be deemed to affect the rights, privileges, and sovereign immunities of the
CRA as set forth in Section 768.28, Florida Statutes. This paragraph shall not be
construed to require Developer to indemnify the CRA for its own negligence, or
intentional acts of the CRA, its agents or employees. Each party assumes the risk
of personal injury and property damage attributable to the acts or omissions of
that party and its officers, employees and agents.
10.3. Assignment. This Agreement may only be assigned in its entirety. Prior to
Completion of Construction, this Agreement may only be assigned by Developer
to an entity that is managed by Developer’s key principals, Jeff Burns and Nicholas
Rojo, or Lender pursuant to Developer’s loan documents with Lender, and
provided that any assignee hereto shall specifically assume all of the obligations
of the Developer under this Agreement. Such assignment may be made without
further consent of the CRA; however, Developer shall provide notice to the CRA
within 30 days of such assignment. After Completion of Construction, provided
Developer is not in default under this Agreement, this Agreement may be assigned
by Developer to any third party with the consent of the CRA, which consent shall
not be unreasonably withheld, conditioned, or delayed, provided however, that
such assignment shall not be effective unless (a) the Developer delivers written
notice to the CRA at least thirty (30) days prior to the assignment, (b) if the
assignment is prior to the Third Grant Payment, the third party assignee
demonstrates to the reasonable satisfaction of the CRA that the balance of the
Grant Payments is required to maintain the Affordability Requirements; (c) the
assignee shall specifically assume all of the obligations of the Developer under this
Agreement. Notwithstanding the foregoing, in the event Lender takes possession
of or becomes the record owner of the Property, this Agreement shall be
automatically assigned to Lender upon receipt by the CRA of written notice by
Lender that it desires, in Lender’s sole and absolute discretion, to be assigned this
Agreement and to assume all of the rights and obligations of the Developer under
this Agreement. The notice must be received within 90 days of Lender taking
possession of or becoming the record owner of the Property.
10.4. Successors and Assigns. The CRA and Developer each binds itself and its
partners, successors, executors, administrators and assigns to the other party and
to the partners, successors, executors, administrators and assigns of such other
party, in respect to all covenants of this Agreement. Nothing herein shall be
construed as creating any personal liability on the part of any officer or agent of
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the CRA or the Developer, nor shall it be construed as giving any rights or benefits
hereunder to anyone other than the CRA and the Developer.
10.5. No Discrimination. Developer shall not discriminate against any person on
the basis of race, color, religion, ancestry, national origin, age, sex, marital status,
sexual orientation or disability for any reason in its hiring or contracting practices
associated with this Agreement.
10.6. No Partnership, Etc. Developer agrees nothing contained in this
Agreement shall be deemed or construed as creating a partnership, joint venture,
or employee relationship. It is specifically understood that Developer is an
independent contractor and that no employer/employee or principal/agent is or
shall be created nor shall exist by reason of this Agreement or the performance
under this Agreement.
10.7. Public Records: The CRA is a public agency subject to Chapter 119, Florida
Statutes. Developer shall comply with Florida’s Public Records Law. Specifically,
the Developer shall:
a. Keep and maintain public records required by the CRA to perform the
public services provided for in this Agreement;
b. Upon request from the CRA’s custodian of public records, provide the CRA
with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided
in this chapter or as otherwise provided by law.
c. Ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as
authorized by law for the duration of the Agreement term and following
completion of the Agreement if Developer does not transfer the records to the
CRA.
d. Upon completion of the Agreement, transfer, at no cost, to the CRA all
public records in possession of Developer or keep and maintain public records
required by the CRA to perform the service. If Developer transfers all public
records to the public agency upon completion of the Agreement, Developer shall
destroy any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. If Developer keeps and maintains
public records upon completion of the Agreement, Developer shall meet all
applicable requirements for retaining public records. All records stored
electronically must be provided to the CRA, upon request from the CRA’s
custodian of public records, in a format that is compatible with the information
technology systems of the CRA.
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IF DEVELOPER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO DEVELOPER’S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT (561)737-3256; 100 East Ocean Avenue, 4th Floor,
Boynton Beach, Florida 33435; or SHUTTT@bbfl.us.
10.8. Entire Agreement. This Agreement represents the entire and sole
agreement and understanding between the Parties concerning the subject matter
expressed herein. No terms herein may be altered, except in writing and then
only if signed by all the parties hereto. All prior and contemporaneous
agreements, understandings, communications, conditions or representations, of
any kind or nature, oral or written, concerning the subject matter expressed
herein, are merged into this Agreement and the terms of this Agreement
supersede all such other agreements. No extraneous information may be used to
alter the terms of this Agreement.
10.9. Counterparts and Transmission. To facilitate execution, this Agreement
may be executed in as many counterparts as may be convenient or required, each
of which shall be deemed an original, but all of which together shall constitute one
and the same instrument. The executed signature page(s) from each original may
be joined together and attached to one such original and it shall constitute one
and the same instrument. In addition, said counterparts may be transmitted
electronically (i.e., via facsimile or .pdf format document sent via electronic mail),
which transmitted document shall be deemed an original document for all
purposes hereunder.
10.10. Agreement Deemed to be Drafted Jointly. This Agreement shall be
deemed to be drafted jointly and shall not be construed more or less favorably
towards any of the parties by virtue of the fact that one party or its attorney
drafted all or any part thereof.
10.11. Governing Law, Jurisdiction, and Venue. The terms and provisions of this
Agreement shall be governed by, and construed and enforced in accordance with,
the laws of the State of Florida and the United States of America, without regard
to conflict of law principles. Venue and jurisdiction shall be Palm Beach County,
Florida, for all purposes, to which the Parties expressly agree and submit.
10.12. Independent Advice. The Parties declare that the terms of this Agreement
have been read and are fully understood. The Parties understand that this is a
binding legal document, and each Party is advised to seek independent legal
advice in connection with the matters referenced herein.
10.13. Severability. If any part of this Agreement is found invalid or
unenforceable by any court, such invalidity or unenforceability shall not affect the
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other parts of the Agreement if the rights and obligations of the Parties contained
herein are not materially prejudiced and if the intentions of the Parties can
continue to be achieved. To that end, this Agreement is declared severable.
10.14. Voluntary Waiver of Provisions. The CRA may, in its sole and absolute
discretion, waive any requirement of Developer contained in this Agreement.
10.15. Compliance with Laws. In its performance under this Agreement,
Developer shall comply with all applicable federal and state laws and regulations
and all applicable Palm Beach County, City of Boynton Beach, and CRA ordinances
and regulations enacted as of the Effective Date.
10.16. Survival. The provisions of this Agreement regarding public records,
indemnity, parking, Affordability Requirements, and waiver shall survive the
expiration or termination of this Agreement and remain in full force and effect.
10.17. Minor Modifications. The CRA Executive Director, shall administratively
amend this Agreement (without requirement of CRA board approval) as may be
reasonably required by the Lender, provided that such amendment does not
pertain to or impact any material term of this Agreement and is for the purpose
of complying with Lender requirements in order to effectuate Financial Closing. If
any required amendment by the Lender would have a material effect on the terms
and conditions set forth in this Agreement, then such amendment shall require
CRA board approval, not to be unreasonably withheld, conditioned or delayed. For
purposes of this paragraph, the term “material term” shall include all terms and
provisions in Sections 3, 4, 5, 6, 8, 9, 10.1, 10.2, 10.3, 10.4, 10.7, 10.16, 10.17, and
10.18, (including all subsections thereunder), and any other term reasonably
deemed material by the CRA Attorney at the time such request for amendment is
made.
10.18. Force Majeure. Neither Party shall be held liable or responsible to the
other Party nor be deemed to have defaulted under or breached this Agreement
for failure or delay in fulfilling or performing any term of this Agreement to the
extent and for so long as such failure or delay is caused by or results from causes
beyond the reasonable control of the affected Party, including but not limited to
fire, floods, embargoes, war, acts of war (whether war be declared or not), acts of
terrorism, pandemics, insurrections, riots, civil commotions, strikes, lockouts or
other labor disturbances, acts of God or acts, omissions or delays in acting by any
governmental authority, or the other Party. Events of Force Majeure shall extend
the period for the performance of the obligations for a period equal to the
period(s) of any such delay(s). All terms contained herein shall be subject to Force
Majeure.
10.19. Computation of Time – Any referenced herein to time periods which are
not measured in Business Days and that are less than six (6) days shall not include
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Saturdays, Sundays, and legal holidays in the computation thereof. Any period
provided for in this Agreement which ends on a Saturday, Sunday, or legal holiday
shall extend to 5 p.m. on the next full Business Day. Time is of the essence in the
performance of all obligations under this Agreement. Time periods commencing
with the Effective Date shall not include the Effective Date in the computation
thereof. For purposes of this Agreement, Business Days shall mean Monday
through Friday but shall exclude state and federal holidays.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
[DEVELOPER SIGNATURE ON FOLLOWING PAGE]
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IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the
day and year first above written.
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared ______________ as ________ of BB QOZ, LLC, and
acknowledged under oath that he/she has executed the foregoing Agreement as the proper official
of BB QOZ, LLC, for the use and purposes mentioned herein and that the instrument is the act
and deed of BB QOZ, LLC. He/she is personally known to me or has produced
_____________________________as identification.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State
and County aforesaid on this ____ day of ______________, 2026.
__________________________________________
My Commission Expires: Notary Public, State of Florida at Large
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
[CRA SIGNATURE ON FOLLOWING PAGE]
WITNESS
______________________________
Print Name: ____________________
______________________________
Print Name: ____________________
BB QOZ, LLC,
a Florida limited liability company
By: ______________________________
Printed Name: _______________________
Title: ______________________________
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WITNESSES BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
______________________________ By: _______________________________
Print Name: ____________________ [____________], CRA Board Chair
______________________________
Print Name: ____________________
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared [___________] as Board Chair of BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY, and acknowledged under oath that he/she has
executed the foregoing Agreement as the proper official of BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY, for the use and purposes mentioned herein and that the
instrument is the act and deed of BOYNTON BEACH COMMUNITY REDEVELOPMENT
AGENCY. He/she is personally known to me or has produced
_____________________________as identification.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State
and County aforesaid on this ____ day of ______________, 2026.
__________________________________________
My Commission Expires: Notary Public, State of Florida at Large
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EXHIBIT “A”
PROPOSAL
The proposal submitted by BB QOZ, LLC, a Florida limited liability company, with a business
address of 613 NW 3rd Ave., Suite 104, Fort Lauderdale, Florida 33311, in response to the Request
for Proposals and Developer Qualifications for the 115 N. Federal Highway Infill Mixed -Use
Redevelopment Project (“RFP”) issued by the CRA on July 23, 2021, which proposal was accepted
by the CRA Board on November 30, 2021, is hereby incorporated herein by reference as if fully
set forth. A copy shall be maintained at the offices of the Boynton Beach Community
Redevelopment Agency, and upon dissolution of the same, a copy shall be maintained by the City
of Boynton Beach.
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EXHIBIT “B-1”
PROPERTY LEGAL DESCRIPTION
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EXHIBIT “C”
CONCEPTUAL SITE PLAN
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EXHIBIT “D”
DRAFT PARKING LEASE
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GRANT FUNDING INCENTIVE AGREEMENT
This Grant Funding Incentive Agreement (hereinafter “Agreement”) entered into as of the
_____ day of _______________, 2026, by and between:
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created
pursuant to Chapter 163, Part III of the Florida Statutes, (hereinafter the “CRA”), with a business
address of 100 East Ocean Avenue, 4th floor, Boynton Beach, Florida 33435,
and
BB QOZ, LLC, a Florida limited liability company, with a business address of 613 NW 3rd
Ave., Suite 104, Fort Lauderdale, Florida 33311, and its successors or assigns (hereinafter, the
“Developer”; the Developer and the CRA are collectively referred to herein as the “Parties”).
RECITALS
WHEREAS, Developer submitted a proposal, a copy of which is attached here to as Exhibit
“A,” (the “Proposal”) in response to the Request for Proposals and Developer Qualifications for
the 115 N. Federal Highway Infill Mixed-Use Redevelopment Project (“RFP”) issued by the CRA on
July 23, 2021, incorporated herein by reference, which proposal was accepted by the CRA Board
on November 30, 2021; and
WHEREAS, the CRA has determined that the Project , as defined herein, furthers the
Boynton Beach Community Redevelopment Plan; and
WHEREAS, Developer has the knowledge, ability, skill, and resources to effectuate the
construction and development of the Project; and
WHEREAS, the CRA has determined that a public-private partnership in which the CRA
provides CRA Grant Funding for the Project will further the goals and objectives of the Boynton
Beach Community Redevelopment Plan; and
WHEREAS, in furtherance of the foregoing, the Parties entered into that certain Tax
Increment Revenue Funding Agreement, dated as of July 5, 2022 , as amended by that certain
First Amendment to Tax Increment Revenue Funding Agreement, dated as of May 16, 2025 (the
“TIFRA”); and
WHEREAS, the Parties have elected to amend, restate and replace the TIFRA in its entirety
with this Agreement; and
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NOW THEREFORE, in consideration of the mutual covenants and promises set forth
herein, the sufficiency of which both Parties hereby acknowledge, the Parties agree as follows:
Section 1. Incorporation. The recitals above and all other information above are hereby
incorporated herein as if fully set forth.
Section 2. Definitions. As used in this Agreement, the following terms shall have the
following meanings, which shall apply to words in both the singular and plural forms of
such words:
2.1. [Intentionally Deleted]
2.2. Area Median Income (“AMI”) shall mean the City of Boynton Beach Area Median
Income, as set forth and published each year by the City of Boynton Beach, unless
required by the Lender to mean Palm Beach County Area Median Income, as set forth
and published each year by the Department of Housing and Urban Development. If
the Lender does not make a determination, the Developer shall use the City of
Boynton Beach Area Median Income, provided that : (a) the City publishes AMI levels
on a regular (annual) basis, (b) the AMI levels are made readily available to the general
public, and (c) the City utilizes the same calculation methodology as does the
Department of Housing & Urban Development.
2.3. [Intentionally Deleted]
2.4. “City” means the City of Boynton Beach, Florida.
2.5. “Commencement of Construction” or “Construction Commencement” means the
date on which all of the following have occurred: (a) a master building permit has
been issued for the Project and (b) construction activities have commenced consistent
with the master building permit. Work performed on the Property prior to the
Effective Date shall not constitute “commencement of construction,” nor shall work
performed by or on behalf of Florida Power and Light to supply electricity to the
Property in association with the work performed prior to the Effective Date.
2.6. "Completion of Construction” shall mean the date for which the Project is
substantially complete and the Temporary Certificate of Occupancy has been issued
by the appropriate governing authority.
2.7. “CRA Grant Funding” shall mean the Grant Payments, totaling $7,000,000.00, that
the CRA pays Developer from the Trust Fund pursuant to this Agreement.
2.8. "Effective Date" shall mean the date the last party to this Agreement executes this
Agreement.
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2.9. “Financial Closing” The date on which all agreements and loan documents for the
financing of the Project have been executed and all required conditions contained in
such agreements and loan documents for the commencement of funding have been
satisfied, as determined by Lender and Developer.
2.10. “Grant Payments” shall have the meaning set forth in Section 6.1.1 hereof.
2.11. “Land Use Approvals” shall mean all required site plan, zoning, platting/replatting
approvals from the City of Boynton Beach necessary to procure building permits to
construct the Project on the Property.
2.12. “Lender” shall mean the lender selected by the Developer to provide a mortgage loan
that is secured by all or any part of the Project.
2.13. [Intentionally Deleted]
2.14. “Property” means the property subject to this Agreement upon which the Project
shall be developed as more particularly described in Exhibit “B-1”, attached hereto
and incorporated herein by reference.
2.15. “Purchase Agreement” means that certain Purchase and Development Agreement by
and between the CRA, as seller, and Developer, as purchaser, dated as of July 8, 2022,
as amended by that certain First Amendment to Purchase and Development
Agreement, dated as of September 13, 2023, as further amended by that certain
Second Amendment to Purchase and Development Agreement, dated as of April 9,
2025, and as further amended by that certain Third Amendment to Purchase and
Development Agreement, dated as of May 13, 2025.
2.16. “Trust Fund” means the Redevelopment Trust Fund for the Boynton Beach
Community Redevelopment Area, pursuant to Florida Statutes, Section 163.387.
Section 3. Developer’s Obligations and Covenants.
3.1 Construction of the Project. Developer shall construct a mixed-use, transit-
oriented development containing a mixed-income workforce housing rental apartment building
with restaurant, retail space, and office space, including public parking that incorporates public
pedestrian connectivity, consistent with the Proposal (hereinafter the “Project”). In the event of
a conflict between the Proposal and this Agreement, this Agreement shall control. The Project
will include the Required Elements set forth below and be built consistent in all material respects
with the Conceptual Site Plan attached hereto as Exhibit “C” except as revised pursuant to this
Paragraph. The Conceptual Site Plan may be revised by Developer from time to time without the
consent of the CRA, provided, however, that any change to the Conceptual Site Plan that would
result in a change to any of the Required Elements (hereinafter defined) shall require the
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approval of the CRA, which approval shall not be unreasonably withheld, conditioned or delayed,
except that Developer may increase the units or nonresidential or residential square footage
without the consent of the CRA.
3.2 Development Deadlines. The following events must be completed as set forth
herein and evidence of same shall be provided to the CRA upon completion of each event
(collectively the “Project Deadlines”). At all times after the Effective Date, the CRA shall cooperate
with Developer using good faith and due diligence to facilitate and expedite Developer’s
satisfaction of the Project Deadlines, which include, without limitation, the Land Use Approvals.
3.2.1. Submission of application to the City for site plan approval within one
hundred eighty (180) days from the Effective Date. For purposes of this Section,
submission of application shall mean the good faith submittal of a complete
application for site plan approval to the City of Boynton Beach, and any later
request for information, or rejection or return by the City of Boynton Beach for
reasons of technical compliance, shall not be deemed failure of Developer to
comply with the requirements of this Section. Developer may extend the deadline
for submission of application to the City for site plan approval by no more than
sixty (60) days, subject to prior, written approval of the CRA at the CRA’s sole and
reasonable discretion. The Parties agree that the development deadline set forth
in this Section 3.2.1 of the Agreement was timely satisfied on September 7, 2022.
3.2.2 Developer shall diligently and continuously pursue site plan approval and all
other required Land Use Approvals until the same are issued.
3.2.3 Developer shall submit construction documents and all necessary
applications to the City to obtain necessary building permits for the Project within one
hundred twenty (120) days of obtaining formal site plan approval from the City . The
parties agree that the development deadline set forth in this Section 3.2.3 of the
Agreement was timely satisfied on October 28, 2024.
3.2.4 Developer shall provide the CRA with updates on the process of obtaining
financing for the Project, together with reasonable documentation, upon the CRA’s
request therefor.
3.2.5 Commencement of Construction shall occur on the earlier of: (a) fourteen
(14) days following the issuance of a master building permit to construct the Project; and
(b) seventy-two (72) months from the date of land use approvals. Within 10 days of
Commencement of Construction, Developer shall notify the CRA in writing of the date
Developer believes Commencement of Construction has occurred. Developer may extend
the deadline for Commencement of Construction by one (1) period of twelve (12) months,
subject to receipt of written approval from the CRA, which approval shall not be
unreasonably withheld, conditioned or delayed provided Developer is using good faith
efforts and due diligence to achieve Commencement of Construction. Upon
Commencement of Construction, construction activities will continue on a consistent
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basis to complete construction of the Project. Prior to Commencement of Construction,
Developer shall deliver evidence to the CRA of the financial wherewithal of Developer to
complete construction of the Project (the “Financial Evidence”), which, by way of
example, may be evidenced by an executed term sh eet with a financial institution or
accredited investor confirming its commitment to fund subject to typical funding terms
and preconditions, such as the obligation to fund Developer capital prior to Lender
funding. Financial Evidence shall indicate that all required conditions and preconditions
for the commencement of funding have been satisfied (as determined by Lender and
Developer), other than the obligation to fund Developer capital prior to Lender funding
and other than typical preconditions which, by their nature, shall be satisfied during the
period of time that Developer capital is being funded. The CRA shall not unreasonably
object to the Financial Evidence.
3.2.6 Developer shall ensure that the groundbreaking ceremony will occur prior
to or simultaneously with the Commencement of Construction.
3.2.7 Completion of Construction within thirty-six (36) months of
Commencement of Construction; provided, however, Developer shall have the right to
extend the deadline for Completion of Construction for one (1) period of twelve (12)
months subject to receipt of written approval from the CRA, which approval shall not be
unreasonably withheld, condition or delayed provided Developer is using good faith
efforts and due diligence to achieve Completion of Construction. After receipt of a
temporary certificate of occupancy, Developer shall use good faith efforts and due
diligence to obtain a final certificate of occupancy in an expeditious manner. Developer
shall obtain a certificate of occupancy for the Project no later than 9.5 years after the
Effective Date.
3.2.8 Developer shall ensure that a ribbon cutting ceremony will occur prior to
occupancy of the residential portion of the Project.
3.3 Required Project Elements. The Project must include all of the following elements
(the “Required Elements”).
3.3.1 A rental apartment building including a minimum of 236 rental units
subject to the following requirements.
3.3.1.1 The units shall be rented in accordance with the following ratio
(regardless of how many units are constructed) (the “Affordability
Requirements”):
Tier One: 3.8% of the total rental units to tenants that earn up to
80% of the AMI;
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Tier Two: 23.1% of the total rental units to tenants that earn up to
100% of the AMI;
Tier Three: 23.1% of the total rental units to tenants that earn up
to 120% of the AMI; and
Tier Four: the remaining total rental units shall be unrestricted.
Tier One, Tier Two, and Tier Three units shall be the Restricted
Units. If necessary, and if consented to by Developer in
Developer’s sole and absolute discretion, the total rental units
and Affordability Requirements may be adjusted as may be
required in order to meet the minimum code requirements of the
City of Boynton Beach’s Workforce Housing Program, provided
that at no time shall the sum of Tier One, Tier Two and Tier Three
units be less than 50% of the total rental units.
The units shall be rented to tenants in compliance with fair
housing laws. Developer shall not segregate units based on
income levels. When not in contravention of such laws, Developer
will not designate all affordable unit to be in the same Tier and
will attempt to designate a variety of unit types as affordable
units.
3.3.1.2 The Developer recorded that certain Master Declaration of Restrictive
Covenants in Book 35870, Page 712 of the Official Records of Palm Beach County, Florida (the
“Restrictive Covenant”).
3.3.2 A minimum of 16,800 square feet of commercial space (e.g. restaurant,
retail and office).
3.3.3 A minimum of 150 public parking spaces in addition to the parking spaces
Landlord reasonably calculates Landlord will require for the commercial and residential portions
for the Project, which shall be located in a parking garage to be constructed by Developer and
which shall remain open to the public in perpetuity pursuant to a lease agreement to be executed
between the Parties, (the “CRA Spaces”), in a form substantially similar to the lease attached
hereto as Exhibit “D.” Although the CRA Spaces are separate from the parking spaces that are
designated for the residential and commercial uses, and shall not be designated by Developer for
association with the residential or commercial uses, the CRA Spaces shall be included in the
calculation of determining the total number of parking spaces required for compliance of the
residential and commercial uses with the minimum code requirements of the City of Boynton
Beach.
Section 4. Public Benefits. Developer shall comply with the following Requirements.
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4.1. Job Fairs, Apprenticeship, First Look. Prior to and/or during the construction of the
Project, Developer shall use commercially reasonable efforts to:
Host two (2) job fairs, between Commencement of Construction and Completion of
Construction, at a venue within the City of Boynton Beach;
Participate in job fairs within 15 miles of the City when notified of such job fairs by
CareerSource Palm Beach County or such other entity as the CRA may designate from
time to time;
Include requirements in all contracts with contractors that the contractors use
commercially reasonable efforts to participate in an apprenticeship program;
Establish a “First Look” leasing program for the Restricted Units, pursuant to which
qualified Hometown Heroes (hereinafter defined) shall receive an initial opportunity to
lease available Workforce Housing Units 30 days before such units are made available to
the general public. “Hometown Heroes” shall mean first responders, law enforcement,
firefighters, emergency medical personnel, teachers and school employees, military
veterans, and such other public service employees or essential workers as may be
deemed appropriate by Developer. The First Look program shall be administered in a
commercially reasonable and legally compliant manner, subject to applicable fair
housing laws, income qualification requirements, occupancy standards, and the
availability of Required Units; and
Provide documentation evidencing satisfaction of these requirements upon request by
the CRA and as part of the Annual Performance Report (hereinafter defined), together
with a status update on the construction and leasing of the commercial spaces within
the Project.
4.2. Green Building. Developer will achieve a minimum National Green Building
Standards (NGBS) Bronze certification for the residential building. Evidence of the NBGS Bronze
certification shall be submitted to the CRA within twelve (12) months following Completion of
Construction. Developer will analyze the feasibility of using the chilled water services offered by
the District Energy Facility located in the Town Square complex.
4.3 Green Wall. Developer shall use commercially reasonably efforts to incorporate a
green wall into the wall of the parking garage associated with the Project consistent with City
code.
4.4 Electric Vehicle Charging Stations. Developer shall install provisions to
accommodate a minimum of two (2) electric vehicle charging stations of charging type Level 2 or
higher, in the CRA Spaces, and in addition, Developer shall install conduit (pipe) to allow the CRA
to install additional electric vehicle charging stations in up to 15 of the other CRA Spaces, the
specific number and location of spaces to receive such conduit to be mutually agreed to by the
Parties prior to finalization of construction plans for the parking associated with the Project.
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Section 5. Certification Requirements.
5.1 Annual Performance Report. Commencing upon the Effective Date, Developer shall
annually provide the CRA with an Annual Performance Report for the Project certifying
Developer’s compliance with the requirements of this Agreement and the Purchase and
Development Agreement and, as applicable upon Completion of Construction, evidencing that
Developer has paid all property taxes for the Property for the preceding year. Such report must
be submitted to the CRA no later than the last day of April for the preceding year and must meet
all requirements for the Annual Performance Report contained in this Agreement. The Annual
Performance Report shall include a report from an independent third party CPA confirming
compliance with the Affordability Requirements. Further, Developer shall, at any time requested
by the CRA but not less than once per calendar year, appear before the CRA Board and provide
any information requested regarding the Project. The obligation to deliver an Annual
Performance Report shall terminate in the year 2044(so that the last Annual Performance Report
shall be due on or prior to April 30th of the year2044) years following Completion of Construction).
5.2 Conditions Precedent to CRA Grant Funding. The following are conditions precedent
to the CRA’s distribution of CRA Grant Funding:
5.2.1 Completion of Construction; and
5.2.2 Developer has timely complied with its obligations to deliver Annual
Performance Reports as set forth in Section 5.1 hereof; provided that the CRA has not
delivered a written notice to Developer stating that the Annual Performance Report is not
in compliance with this Agreement within thirty-five (35) days after receipt of the Annual
Performance Report; and
5.2.3 Developer is not delinquent in its payment of ad valorem property taxes
for the Property or any portion thereof; and
5.2.4 Developer is not in material default beyond any applicable notice and cure
period under any terms or provisions of this Agreement, subject to Section 8 below.
5.2.5 In order to receive the Second Grant Payment (as defined below),
Developer must have received a final certificate of occupancy allowing for occupancy of
all residential units of the Project.
Section 6. CRA Grant Funding.
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6.1 Payment Schedule.
6.1.1 The CRA hereby agrees to pledge and assign to Developer pursuant to the
terms of this Agreement, CRA Grant Funding from the Trust Fund in the total
amount of seven million dollars ($7,000,000.00) to be used to fund or reimburse
costs of the Project, including without limitation, public infrastructure, public
parking and other costs associated with the Project, pursuant to the following
payment schedule (the following A and B are collectively referred to as the “Grant
Payments”):
A. $4,000,000.00 (“First Grant Payment”) shall be paid from the Trust Fund
to Developer within forty (40) days following receipt of notice from
Developer of Completion of Construction, as evidenced by a copy of the
temporary certificate of occupancy or certificate of occupancy allowing for
occupancy of all residential units of the Project; and
B. $3,000,000.00 (the “Second Grant Payment”) upon receipt of a copy of the
certificate of occupancy for the residential units of the Project.
Provided that the conditions precedent set forth in Section 5.2 hereof have been satisfied , the
CRA shall cause the Grant Payments to be paid to Developer in accordance with the above
payment schedule.
6.2 Penalty for failure to comply with Affordability Requirements. If the Annual
Performance Report discovers non-compliance with the Affordability Requirements, then for any
unit subject to the Affordability Requirements that was rented out above the rates published by
Palm Beach County for the applicable AMI, for a period of more than three (3) months after
Developer had actual knowledge of the non-compliance, the penalty to be paid to the CRA
(“Payment Penalty”), due thirty (30) days after the Annual Performance Report is delivered to
the CRA, shall be equivalent to double the amount of the difference (the difference being the
amount between the actual rental rate and the rate published by Palm Beach County for the
applicable AMI) until such unit was brought into compliance with the Affordabilit y Requirements.
For example (using fake numbers), if the published Palm Beach County rate for a Tier 2 Unit is
$500 per month, and such Tier 2 Unit is rented for $600 per month, then the fine paid to the CRA
would be $200 per month for the period of non-compliance. For the avoidance of doubt, no
penalty shall be paid to the CRA if Developer replaces a non-compliant unit with a compliant unit
within three (3) months after Developer obtains actual knowledge of existence of the non -
compliant unit.
6.3 Appropriations. The CRA warrants and represents that the CRA Grant Funding is
not the subject of any prior pledge by the CRA. The CRA covenants and agrees to budget and
appropriate in its annual budget, in each fiscal year, available and unencumbered funds in the
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Community Redevelopment Agency Trust Fund sufficient to satisfy and timely pay the Grant
Payments. The CRA’s performance and obligation to pay under this Agreement is contingent
upon annual appropriation by the CRA Board, consistent with Section 189 .016, Florida Statutes.
6.4 Form of Payment. Payment of the Grant Payments shall be in the form of a CRA
check made payable to the Developer. No payment made under this Agreement shall be
conclusive evidence of the performance of this Agreement by Developer, either wholly or in part,
and no payment shall be construed to relieve Developer of obligations under this Agreement or
to be an acceptance of faulty or incomplete rendition of Developer’s obligations under this
Agreement.
Section 7. Notice and Contact. Any notice or other document required or allowed to be
given pursuant to this Agreement shall be in writing and shall be delivered personally, or
by recognized overnight courier or sent by certified mail, postage prepaid, return receipt
requested. The use of electronic communication is not considered as providing proper
notice pursuant to this Agreement.
If to CRA, such notice shall be addressed to:
Boynton Beach Community Redevelopment Agency
Attention: __________, Executive Director
100 E. Ocean Avenue, 4th Floor
Boynton Beach, FL 33435
With a copy to:
Kathryn B. Rossmell, Esq.
Lewis, Longman & Walker, P.A.
360 S. Rosemary Ave
Suite 1100
West Palm Beach, Florida 33401
If to Developer, such notice shall be addressed to:
BB QOZ, LLC
Attention: Jeff Burns & Nicholas Rojo
613 NW 3rd Ave., Ste. 104
Fort Lauderdale, Florida 33311
With a copy to:
Lance M. Aker, Esq.
Kapp Morrison LLP
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7900 Glades Road, Ste 550
Boca Raton, Florida 33434
Section 8. Default.
8.1 Developer Default. The failure of Developer to comply with the provisions set
forth in this Agreement shall constitute a default and breach of this Agreement. If
Developer fails to cure the default within thirty (30) days of notice from the CRA, the CRA
may withhold payment of the applicable Grant Payment to Developer until the default is
cured (as evidenced by written notice from Developer to the CRA, provided that the CRA
does not object to such cure within thirty five (35) business days after receipt of written
notice from the Developer); provided, however, if such default takes longer than thirty
(30) days to cure, such cure period shall be extended until the Developer cures such
default provided that the Developer is using good faith efforts to effectuate such cure in
a diligent manner and such cure can be completed within the same calendar year.
Developer shall not be entitled to, and the CRA shall not be obligated to disburse, any
Grant Payment while Developer is in default of this Agreement or has otherwise failed to
meet its obligations under this Agreement, regardless of whether Developer is making
good faith efforts to cure; provided however, once Developer cures its default the CRA
shall confirm the sufficiency of such cure within forty-five (45) days’ notice of such cure
and shall immediately thereafter disburse the applicable Grant Payment. A default under
this Agreement shall not terminate this Agreement, but payments of the Grant Payments
to Developer shall not re-commence until such default is cured. Notwithstanding the
foregoing, if the Developer fails to cure the default within two (2) years of notice, this
Agreement may be terminated at the option of the CRA.
8.2 CRA Default. In the event the CRA is found by a court of competent jurisdiction
to be in default under this Agreement, Developer’s remedy shall be limited to an amount
equal to the total amount of Grant Funding, subject to the terms of this
Agreement. Nothing in this Section 8.2 shall be deemed a waiver of the CRA’s sovereign
immunity beyond the limits set forth in Section 768.28, Florida Statutes.
Section 9. Termination. This Agreement shall automatically terminate: 1) on that date that
is fifteen (15) years following Completion of Construction; or 2) if Developer fails to
Commence Construction or Complete Construction of the Project as required herein
(unless such time period is extended by the CRA or this Agreement is assigned to Lender
pursuant to the terms of this Agreement).
Section 10. Miscellaneous Provisions.
10.1. Waiver. The CRA shall not be responsible for any property damages or
personal injury sustained by Developer from any cause whatsoever related to the
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development of the Project, whether such damage or injury occurs before, during,
or after the construction of the Project or the term of this Agreement , except if
caused by the gross negligence or willful misconduct of the CRA. Except as set
forth in the foregoing sentence, Developer hereby forever waives, discharges, and
releases the CRA, its agents, and its employees, to the fullest extent the law allows,
from any liability for any damage or injury sustained by Developer.
10.2. Indemnification. Developer shall indemnify, save, and hold harmless the
CRA, its agents, and its employees from any liability, claim, demand, suit, loss, cost,
expense or damage which may be asserted, claimed, or recovered against or from
the CRA, its agents, or its employees, by reason of any property 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 or the faulty equipment (including
equipment installation and removal) of Developer. Nothing in this Agreement
shall be deemed to affect the rights, privileges, and sovereign immunities of the
CRA as set forth in Section 768.28, Florida Statutes. This paragraph shall not be
construed to require Developer to indemnify the CRA for its own negligence, or
intentional acts of the CRA, its agents or employees. Each party assumes the risk
of personal injury and property damage attributable to the acts or omissions of
that party and its officers, employees and agents.
10.3. Assignment. This Agreement may only be assigned in its entirety. Prior to
Completion of Construction, this Agreement may only be assigned by Developer
to an entity that is managed by Developer’s key principals, Jeff Burns and Nicholas
Rojo, or Lender pursuant to Developer’s loan d ocuments with Lender, and
provided that any assignee hereto shall specifically assume all of the obligations
of the Developer under this Agreement. Such assignment may be made without
further consent of the CRA; however, Developer shall provide notice to the CRA
within 30 days of such assignment. After Completion of Construction, provided
Developer is not in default under this Agreement, this Agreement may be assigned
by Developer to any third party with the consent of the CRA, which consent shall
not be unreasonably withheld, conditioned, or delayed, provided however, that
such assignment shall not be effective unless (a) the Developer delivers written
notice to the CRA at least thirty (30) days prior to the assignment, (b) intentionally
deleted; (c) the assignee shall specifically assume all of the obligations of the
Developer under this Agreement. Notwithstanding the foregoing, in the event
Lender takes possession of or becomes the record owner of the Property, this
Agreement shall be automatically assigned to Lender upon receipt by the CRA of
written notice by Lender that it desires, in Lender’s sole and absolute discretion,
to be assigned this Agreement and to assume all of the rights and obligations of
the Developer under this Agreement. The notice must be received within 90 days
of Lender taking possession of or becoming the record owner of the Property.
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10.4. Successors and Assigns. The CRA and Developer each binds itself and its
partners, successors, executors, administrators and assigns to the other party and
to the partners, successors, executors, administrators and assigns of such other
party, in respect to all covenants of this Agreement. Nothing herein shall be
construed as creating any personal liability on the part of any officer or agent of
the CRA or the Developer, nor shall it be construed as giving any rights or benefits
hereunder to anyone other than the CRA and the Developer.
10.5. No Discrimination. Developer shall not discriminate against any person on
the basis of race, color, religion, ancestry, national origin, age, sex, marital status,
sexual orientation or disability for any reason in its hiring or contracting practices
associated with this Agreement.
10.6. No Partnership, Etc. Developer agrees nothing contained in this
Agreement shall be deemed or construed as creating a partnership, joint venture,
or employee relationship. It is specifically understood that Developer is an
independent contractor and that no employer/employee or principal/agent is or
shall be created nor shall exist by reason of this Agreement or the performance
under this Agreement.
10.7. Public Records: The CRA is a public agency subject to Chapter 119, Florida
Statutes. Developer shall comply with Florida’s Public Records Law. Specifically,
the Developer shall:
a. Keep and maintain public records required by the CRA to perform the
public services provided for in this Agreement;
b. Upon request from the CRA’s custodian of public records, provide the CRA
with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided
in this chapter or as otherwise provided by law.
c. Ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as
authorized by law for the duration of the Agreement term and following
completion of the Agreement if Developer does not transfer the records to the
CRA.
d. Upon completion of the Agreement, transfer, at no cost, to the CRA all
public records in possession of Developer or keep and maintain public records
required by the CRA to perform the service. If Developer transfers all public
records to the public agency upon completion of the Agreement, Developer shall
destroy any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. If Developer keeps and maintains
public records upon completion of the Agreement, Developer shall meet all
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applicable requirements for retaining public records. All records stored
electronically must be provided to the CRA, upon request from the CRA’s
custodian of public records, in a format that is compatible with the information
technology systems of the CRA.
IF DEVELOPER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO DEVELOPER’S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT (561)737-3256; 100 East Ocean Avenue, 3rd Floor,
Boynton Beach, Florida 33435; or CityClerk@bbfl.us.
10.8. Entire Agreement. This Agreement represents the entire and sole
agreement and understanding between the Parties concerning the subject matter
expressed herein. No terms herein may be altered, except in writing and then
only if signed by all the parties hereto. All prior and contemporaneous
agreements, understandings, communications, conditions or representations, of
any kind or nature, oral or written, concerning the subject matter expressed
herein, are merged into this Agreement and the terms of this Agreement
supersede all such other agreements. No extraneous information may be used to
alter the terms of this Agreement.
10.9. Counterparts and Transmission. To facilitate execution, this Agreement
may be executed in as many counterparts as may be convenient or required, each
of which shall be deemed an original, but all of which together shall constitute one
and the same instrument. The executed signature page(s) from each original may
be joined together and attached to one such original and it shall constitute one
and the same instrument. In addition, said counterparts may be transmitted
electronically (i.e., via facsimile or .pdf format document sent via electronic mail),
which transmitted document shall be deemed an original document for all
purposes hereunder.
10.10. Agreement Deemed to be Drafted Jointly. This Agreement shall be
deemed to be drafted jointly and shall not be construed more or less favorably
towards any of the parties by virtue of the fact that one party or its attorney
drafted all or any part thereof.
10.11. Governing Law, Jurisdiction, and Venue. The terms and provisions of this
Agreement shall be governed by, and construed and enforced in accordance with,
the laws of the State of Florida and the United States of America, without regard
to conflict of law principles. Venue and jurisdiction shall be Palm Beach County,
Florida, for all purposes, to which the Parties expressly agree and submit.
10.12. Independent Advice. The Parties declare that the terms of this Agreement
have been read and are fully understood. The Parties understand that this is a
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binding legal document, and each Party is advised to seek independent legal
advice in connection with the matters referenced herein.
10.13. Severability. If any part of this Agreement is found invalid or
unenforceable by any court, such invalidity or unenforceability shall not affect the
other parts of the Agreement if the rights and obligations of the Parties contained
herein are not materially prejudiced and if the intentions of the Parties can
continue to be achieved. To that end, this Agreement is declared severable.
10.14. Voluntary Waiver of Provisions. The CRA may, in its sole and absolute
discretion, waive any requirement of Developer contained in this Agreement.
10.15. Compliance with Laws. In its performance under this Agreement,
Developer shall comply with all applicable federal and state laws and regulations
and all applicable Palm Beach County, City of Boynton Beach, and CRA ordinances
and regulations enacted as of the Effective Date.
10.16. Survival. The provisions of this Agreement regarding public records,
indemnity, parking, Affordability Requirements, and waiver shall survive the
expiration or termination of this Agreement and remain in full force and effect.
10.17. Minor Modifications. The CRA Executive Director, shall administratively
amend this Agreement (without requirement of CRA board approval) as may be
reasonably required by the Lender, provided that such amendment does not
pertain to or impact any material term of this Agreement and is for the purpose
of complying with Lender requirements in order to effectuate Financial Closing. If
any required amendment by the Lender would have a material effect on the terms
and conditions set forth in this Agreement, then such amendment shall require
CRA board approval, not to be unreasonably withheld, conditioned or delayed. For
purposes of this paragraph, the term “material term” shall include all terms and
provisions in Sections 3, 4, 5, 6, 8, 9, 10.1, 10.2, 10.3, 10.4, 10.7, 10.16, 10.17, and
10.18, (including all subsections thereunder), and any other term reasonably
deemed material by the CRA Attorney at the time such request for amendment is
made.
10.18. Force Majeure. Neither Party shall be held liable or responsible to the
other Party nor be deemed to have defaulted under or breached this Agreement
for failure or delay in fulfilling or performing any term of this Agreement to the
extent and for so long as such failure or delay is caused by or results from causes
beyond the reasonable control of the affected Party, including but not limited to
fire, floods, embargoes, war, acts of war (whether war be declared or not), acts of
terrorism, pandemics, insurrections, riots, civil commotions, strikes, lockouts or
other labor disturbances, acts of God or acts, omissions or delays in acting by any
governmental authority, or the other Party. Events of Force Majeure shall extend
the period for the performance of the obligations for a period equal to the
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period(s) of any such delay(s). All terms contained herein shall be subject to Force
Majeure.
10.19. Computation of Time – Any referenced herein to time periods which are
not measured in Business Days and that are less than six (6) days shall not include
Saturdays, Sundays, and legal holidays in the computation thereof. Any period
provided for in this Agreement which ends on a Saturday, Sunday, or legal holiday
shall extend to 5 p.m. on the next full Business Day. Time is of the essence in the
performance of all obligations under this Agreement. Time periods commencing
with the Effective Date shall not include the Effective Date in the computation
thereof. For purposes of this Agreement, Business Days shall mean Monday
through Friday but shall exclude state and federal holidays.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
[DEVELOPER SIGNATURE ON FOLLOWING PAGE]
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IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the
day and year first above written.
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared ______________ as ________ of BB QOZ, LLC, and
acknowledged under oath that he/she has executed the foregoing Agreement as the proper official
of BB QOZ, LLC, for the use and purposes mentioned herein and that the instrument is the act
and deed of BB QOZ, LLC. He/she is personally known to me or has produced
_____________________________as identification.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State
and County aforesaid on this ____ day of ______________, 2026.
__________________________________________
My Commission Expires: Notary Public, State of Florida at Large
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
[CRA SIGNATURE ON FOLLOWING PAGE]
WITNESS
______________________________
Print Name: ____________________
______________________________
Print Name: ____________________
BB QOZ, LLC,
a Florida limited liability company
By: ______________________________
Printed Name: _______________________
Title: ______________________________
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WITNESSES BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
______________________________ By: _______________________________
Print Name: ____________________ [____________], CRA Board Chair
______________________________
Print Name: ____________________
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared [___________] as Board Chair of BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY, and acknowledged under oath that he/she has
executed the foregoing Agreement as the proper official of BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY, for the use and purposes mentioned herein and that the
instrument is the act and deed of BOYNTON BEACH COMMUNITY REDEVELOPMENT
AGENCY. He/she is personally known to me or has produced
_____________________________as identification.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State
and County aforesaid on this ____ day of ______________, 2026.
__________________________________________
My Commission Expires: Notary Public, State of Florida at Large
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EXHIBIT “A”
PROPOSAL
The proposal submitted by BB QOZ, LLC, a Florida limited liability company, with a business
address of 613 NW 3rd Ave., Suite 104, Fort Lauderdale, Florida 33311, in response to the Request
for Proposals and Developer Qualifications for the 115 N. Federal Highway Infill Mixed -Use
Redevelopment Project (“RFP”) issued by the CRA on July 23, 2021, which proposal was accepted
by the CRA Board on November 30, 2021, is hereby incorporated herein by reference as if fully
set forth. A copy shall be maintained at the offices of the Boynton Bea ch Community
Redevelopment Agency, and upon dissolution of the same, a copy shall be maintained by the City
of Boynton Beach.
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EXHIBIT “B-1”
PROPERTY LEGAL DESCRIPTION
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EXHIBIT “C”
CONCEPTUAL SITE PLAN
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EXHIBIT “D”
DRAFT PARKING LEASE
327
COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: July 14, 2026
NEW BUSINESS
AGENDA ITEM 15.A
SUBJECT:
Consideration of Fiscal Year 2026-2027 Project Fund Budget
SUMMARY:
This item opens the Board's first substantive discussion of the FY 2026–2027 Project Fund budget. The
purpose is to review proposed capital projects, programs, and funding requests and provide direction on
priority and funding level for each.
The Boynton Beach CRA is a quasi-governmental, Special District operating under Title XI, Chapter 163,
Part III of the Florida Statutes. The agency's annual financial operations run on a fiscal calendar
beginning on October 1st and ending on September 30th of each year. The CRA does not obtain its
revenue from charging an additional tax. The CRA receives its annual funding based on a percentage
share of the existing ad-valorem property taxes paid to the City of Boynton Beach and Palm Beach
County..
The CRA’s annual budget is comprised of three accounting funds:
1. The General Fund which contains the administrative, general operation, insurances, property
maintenance and CRA/CRAB and marina related items;
2. The Debt Service Fund which contains the CRA’s financial debt obligations and encumbrances
such as bond repayments and developer’s tax increment funding agreements; and,
3. The Project Fund which contains all of the capital projects, development projects or initiatives,
property acquisitions, local business grant programs or promotional events, as well as eligible
innovative policing activities such as the Neighborhood Officer Program.
At this first CRA budget meeting, the Board's Fiscal Year 2026-2027 Project Fund budget allocation
discussion will assist in identifying the priority projects for the upcoming fiscal year, as well as, deciding
what funding amounts to provide to each proposed Project (see Attachment I). The Project Fund and
overall budget breakdown will identify bond debt obligations, existing tax increment revenue funding
agreements obligations and available funding for priority projects, programs or funding requests, such as
but not limited to, the Neighborhood Officer Police Program, District Improvement Projects, Business
Development and Promotional Events and Marketing.
Project Fund Availability — FY 2026-27
Line Item Amount
Transfer from General Fund $25,792,340
Rollover (Projected, as of 6/25/2026)$15,717,000
328
Less: Commitments, TIRFA & Town Square (Debt Service
obligations)
$(9,026,709)
Total Available for Project Fund Allocation $32,482,631
Note: Proposed allocations total $32,482,631, balancing exactly to available funding
Proposed Allocation Highlights
Selected priority categories from Attachment I (full worksheet attached below):
District Project / Program Proposed FY26/27
District Wide Targeted Property Acquisition & P3
Collaboration $15,500,000
Downtown Pence Park — Design, Permit & Construction $4,500,000
Downtown Marina Seawall $3,500,000
District Wide Adaptive Reuse for Historic Properties $900,000
Boynton Beach
Blvd West BB Blvd Demolitions & FPL Relocations $1,000,000
District Wide Neighborhood Officer Program (Year 7)$1,233,000
Federal Highway Federal Highway Streetscape $450,000
District Wide Business Development & Promotions $368,000
Heart of Boynton Cottage District Road Improvement Design $200,000
District Wide Business Promotional Marketing $200,000
District Wide CRA Plan $100,000
Federal Highway Historic Woman's Club of BB Programming &
Design $100,000
Downtown 4th Street Streetscape Design $100,000
Heart of Boynton MLK Jr. Blvd Streetscape Design
$100,000
The CRA's Fiscal Year 2026-2027 Budget discussion will occur at the CRA Advisory Board (CRAB)
meetings held on August 19th and September 16th, as well as, the CRA Board’s July 14th, August 11th
and September 8th meetings.
Final approval and adoption of the CRA’s annual budget for Fiscal Year 2026-2027 by the Boynton
Beach City Commission is anticipated to occur at their September 15, 2026 meeting.
FISCAL IMPACT:
To be determined by the CRA Board based on discussion and direction.
CRA PLAN/PROJECT/PROGRAM:
2016 Boynton Beach Community Redevelopment Plan
329
•FY 26-27 TIF Calculations.pdf
•FY 26-27 Proposed General Fund Budget.pdf
•FY 26-27 Proposed Project Fund Budget.pdf
CRA BOARD OPTIONS:
To be determined by the CRA Board based on discussion and direction.
ATTACHMENTS:
Description
330
As of: June 2026
1.
▼
FY 2025-2026 FY 2026-2027
ASSESSED VALUES 2,572,358,368$ 2,677,773,123$
Estimate Estimate ▲
As of: 6/26/2025 As of: 6/26/2026
Chg. from Prior Year 166,941,369$ Chg. from Prior Year 105,414,755$
6.9%3.9%
2.
Assessed Values 2,572,358,368$ 2,677,773,123$
Less Base Year Value 309,821,849 309,821,849
TIR Taxable Value 2,262,536,519 2,367,951,274
95% of Difference 2,149,409,693$ 2,249,553,710$
(Per Florida Statutes
Chapter 163.387(1)(a)
Redevelopment Trust Fund)No Millage Change No Millage Change
City & County City & County
Millage Rates
City 7.8000 7.7500
County 4.5000 4.5000
% of % of
Tax Increment Revenue Total TIR Total TIR
City 16,765,396$ 63%17,434,041$ 63%
County 9,672,344$ 37%10,122,992$ 37%
Sub-Total 26,437,739$ 27,557,033$
1.0% for True-Up 264,377$ 1% for True-Up 275,570$ 1% for True-Up
Net TIR 26,173,362$ 27,281,463$
▲
Budgeted Budgeted
Change from Prev. Year 1,686,333$ 1,108,101$
%6.9%4.2%
(a)The Property Appraiser will issue revisions to the CRA's taxable values at the end of
June 2025, and in early October 2025, with a final certified tax value in mid-2026.
The CRA's budgeted tax increment revenue will be based on the first, or May 28, 2026,
"Estimates of Taxable Values" with a 1% deduction for the final Property Appraiser
certified tax adjustments ("true-up") in mid- 2026
FY 2026-2027 Estimates
Assumptions Assumptions
FY 2025-2026
▼
ASSESSED VALUATIONS
TAX INCREMENT REVENUE - ESTIMATED FOR NEW BUDGET YEAR
BOYNTON BEACH CRA
TAX INCREMENT REVENUE ("TIR") ESTIMATE - FY 2025-2026
331
▼
FY 2026-2027 Original Amended
REVENUES Budget Budget Budget Amount %
Tax Increment Revenue (TIF)27,281,463$ (i)26,066,966$ 26,066,966$ 1,214,497$ 5%
Marina Rents & Fuel Sales 1,900,000$ (ii)1,300,000$ 1,300,000$ 600,000$ 46%
Interest 1,300,000$ (ii)1,300,000$ 100%
Other Revenue (Lease & Property Sales)608,000$ (ii)608,000$ 100%
Budget Amendment #1 3/20/2025 2,604,088$
Total Revenues 31,089,463$ 27,366,966$ 29,971,054$ 3,722,497$ 14%
EXPENSES
CRA Board & Advisory Board 46,500$ 64,500$ 64,500$ (18,000)$ -28%
Administration & Operations
Executive Department 145,825$ (iii)640,200$ 410,200$ (494,375)$ -77%
Finance Department 160,550$ (iii)365,634$ 365,634$ (205,084)$ -56%
Planning & Development Department 263,975$ 304,894$ 304,894$ (40,919)$ -13%
Marketing & Business Development 105,000$ (v)315,260$ 315,260$ (210,260)$ -67%
Business Development Department 472,063$ 217,666$ 217,666$ 254,397$ 117%
Taxes, Employee Benefits, Compensated Absences,
Workers Comp 438,000$ 773,000$ 773,000$ (335,000)$ -43%
Sub-Total 1,585,413$ 2,616,654$ 2,386,654$ (1,031,242)$ -39%
Other General Fund Expenses
Insurances 295,000$ 415,769$ 415,769$ (120,769)$ -29%
Professional Services 1,115,000$ (iv)345,000$ 745,000$ 770,000$ 223%
Buildings, Grounds, Maintenance 700,000$ 934,000$ 934,000$ (234,000)$ -25%
Information Technology 56,260$ 107,460$ 107,460$ (51,200)$ -48%
Contingency 100,000$ 208,671$ 38,671$ (108,671)$ -52%
Sub-Total 2,266,260$ 2,010,900$ 2,240,900$ 255,360$ 13%
Boynton Harbor Marina Fuel Dock & Slips Expenses 1,398,950$ 1,300,000$ 1,300,000$ 98,950$ 8%
Total General Fund Operating 5,297,123$ 5,992,054$ 5,992,054$ (694,932)$ -12%
Operating Transfers Out
Transfer to Debt Service Fund -$ (vi)2,319,093$ 2,319,093$ (2,319,093)$ -100%
Transfer to Project Fund 25,792,340$ 19,055,819$ 21,659,907$ 6,736,521$ 35%
Sub-Total 25,792,340$ 21,374,912$ 23,979,000$ 4,417,428$ 21%
Total General Fund Expenses &
Transfers Out 31,089,463$ 27,366,966$ 29,971,054$ 3,722,496$ 14%
(i) Property values in CRA up 4%
(ii) Accounted for revuene not previously budgeted
(v) Reallocation of funds to Business Development Budget
(vi) Debt Service has been paid in full
FY 2025-2026 2026-2027 vs. Prior Year
Increase/(Decrease)
(iii) Reallocation of funds to Professional Services
(iv) Reallocation of funds from Executeve & Fiannace Budgets
Boynton Beach CRA
General Fund - Budget Summary
332
Transfer from GF 25,792,340$
Rollover 15,717,000$
Commitments, TIRFA, Town Square (9,026,709)$
32,482,631$
CRA Plan District Proposed Projects Project Fund Line
Item Allocation Total
FY25/26
Projected Rollover
as of 6/25/2026
Proposed FY26/27
Project Fund Allocations
District Wide COBB - Beautification Technician (2) (CRA)147,000$ 150,000$
District Wide COBB - Code Enforcement Officers (4) (CRA) 308,965$ 310,000$
District Wide COBB - Engineer/Project Manager (CRA)160,000$ 160,000$
District Wide Development Project Related Legal Services 280,000$ 280,000$
District Wide CRA Plan 300,000$ 300,000$ 100,000$
District Wide Professional Development Services 339,540$ 280,000$ 500,000$
District Wide Targeted Property Acquisition & P3 Collaboration 2,220,566$ 44,000$ 15,500,000$
District Wide Site Work & Demolition 439,000$ 380,000$ 450,000$
District Wide Adaptive Reuse for Historic Properties 1,350,000$ 1,350,000$ 900,000$
Downtown District Marina ERM Monitoring Wells and Potential Remediation 300,000$ 300,000$ 10,000$
Heart of Boynton HOB Shops 425,000$ 400,000$
Downtown District Marina Seawall 3,500,000$ 3,500,000$ 3,500,000$
Downtown District Master ILA - Marina Conduit Upgrade & Separate Electrical / Water from Marina Vil 325,000$
Federal Highway Master ILA - Historic Woman's Club of BB Programming & Design 500,000$ 100,000$
Downtown District Master ILA - 4th Street Streetscape Improvement Design 250,000$ 250,000$ 100,000$
Downtown District Master ILA - Pence Park Design & Permit and Construction 4,400,000$ 4,200,000$ 4,500,000$
Federal Highway Master ILA - Federal Highway Streetscape 450,000$ 450,000$ 450,000$
Heart of Boynton Master ILA - Cottage District Road Improvement Design 200,000$ 200,000$ 200,000$
Heart of Boynton Master ILA - MLK Jr. Blvd Streetscape Improvements Design 800,000$ 993,000$ 100,000$
Boynton Beach Blvd Master ILA - West Boynton Beach Blvd Demolitions & FPL Relocations 500,000$ 500,000$ 1,000,000$
Federal Highway Master ILA - MLK Entry Feature Construction 350,000$ 350,000 350,000$
District Wide Commercial Economic Redevelopment Grants 620,000$ 620,000$
District Wide Residential Improvement Grant 80,000$
District Wide Business Relocation Grant 75,000$
District Wide Placemaking Initiatives (District Banners, Marina Placemaking, Temp uses)101,631$
District Wide Business Promotional Marketing 218,605$ 200,000$
District Wide Neighborhood Officer Program (NOPs) 7th year of program 1,213,870$ 350,000$ 1,233,000$
District Wide Ride Share 450,000$ 200,000$ 420,000$
District Wide Business Development & Promotions 610,000$ 75,000$ 368,000$
District Wide Removed / Relocated rollover 7,160,000$ 1,995,000
27,492,546$ 15,717,000 32,482,631$
0$
BBCRA FISCAL YEAR 2026-2027 PROJECT FUND WORKSHEET
ALLOCATION BALANCE
333
COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: July 14, 2026
NEW BUSINESS
AGENDA ITEM 15.B
SUBJECT:
Consideration of Changing the Schedule for the CRA Regularly Meetings
SUMMARY:
At the June 9, 2026 meeting, CRA staff proposed consolidating CRA Board meetings to align
with City Commission meeting days, reducing the number of regular public meeting days from
three per month (first, second, and third Tuesdays) to two (first and third Tuesdays).
Following additional review, CRA staff recommends scheduling the regular CRA Board
meeting immediately prior to the City Commission meeting on the third Tuesday of each
month. This recommendation accommodates the availability of CRA legal counsel while
maintaining the first Tuesday as an as-needed meeting date for special meetings, workshops,
or other Board business.
To address concerns regarding the transition between the CRA Board and City Commission
meetings, the City has ordered a second encoder, which will reduce the changeover time to
approximately five minutes.
CRA staff is seeking the Board's consensus to hold its regular monthly meetings immediately
prior to the City Commission meetings on the third Tuesday of each month. If approved, the
revised meeting schedule would become effective October 2026.
CRA BOARD OPTIONS:
To be determined based on Board discussion.
334
F O R D H A R R I S O N515 North Flagler Drive I Suite 350
West Palm Beach,Florida 33401
Tel 561-345-7500 1 Fax 561-345-7501
Writer's Direct Dial:
DAVID M.GOBEO
561-345-7512
dgobeo@fordharrison.com
April 14, 2026
VIA EMAIL
CONFIDENTIAL COMMUNICATION
Board Members
Boynton Beach Community
Redevelopment Agency
100 East Ocean Avenue
Boynton Beach, FL 33435
Dear Board Members:
Re: BBCRA Complaint Investigation
INTRODUCTION
This report contains the results of my investigation into the complaints of
Boynton Beach Community Redevelopment Agency ("CRA") Assistant Director
Timothy Tack("Tack")and Finance Director Vicki Hill ("Hill"). Specifically, Tack
and Hill complained of an altercation with Executive Director Christopher Brown
("Brown").
BACKGROUND'
The CRA serves the community by guiding redevelopment activities such as
affordable housing, free business promotional events, and small business funding
programs that create a vibrant downtown core and revitalized neighborhoods within
This Background is a synthesis of facts found by this Investigator over the course of this
investigation. The investigator spoke with all of the identified witnesses with the exception of
Brown. The investigator attempted to contact Brown by telephone and email repeatedly, but did
not receive a response(with the possible exception of a missed call on April 11 that left no message
and was not answered on return call minutes later). The undersigned notes that all of the witnesses
were consistent in their recollection of the facts
www.fordharrison.corn
BBCRA Board Members
Apri114, 2026
the Agency's 1,650 acres located along the eastern edge of the City of Boynton
Beach. Community Redevelopment Agencies are created by Florida State Statute,
which creates a commission ("Board Members") who are authorized to hire an
Executive Director. By contract,the CRA's Executive Director is authorized to hire
and supervise staff.
On April 8,Hill accompanied Brown to the CRA's bank where Brown wanted
to start a money market account. Hill advised this could not be done by them because
it required Board approval.Brown met with Administrative Assistant Vicki Curfman
("Curfman") to place an item for the next Board agenda to discuss creating such an
account.
On April 9 at approximately 10:30 a.m., Brown entered Tack's office asking
why the CRA had not invested money in the State Board of Administration's
("SBA") fund. Brown believed investing in the SBA would have generated interest
on the funds on which the CRA was currently missing out.' Tack was caught off
guard, as the two had not previously discussed the issue. Brown was agitated, stating
"you were the flicking Executive Director for two years and should have invested in
the SBA, do you know how much flicking money the CRA lost over the years?"
Tack responded that he had only been the Interim Executive Director, and that no
previous Executive Director of which he was aware had invested in the SBA.'
At the same time, Hill approached Tack's office to get a voucher signed and
heard the commotion. Hill observed Brown pointing his finger at Tack while yelling,
and asked what was going on. Brown said "this is a private fucking conversation"
and physically pushed Hill out of the office while closing the door on her. Hill could
hear through the door Brown say to Tack that he needed to get "Vicki fucking Hill
to run this place like a business." Brown accused Tack of not taking responsibility
or correcting the issue, telling Tack to be a man and take accountability.
2 Without further research, it appears that the decision to invest CRA money is made by the Board,
and that the existing approach had been decided decades ago.
3 Tack served as Interim Executive Director from approximately October 2023 until the Board
contracted with Brown's company,Redevelopment Management Associates("RMA")on or about
November 2025. Prior to his Interim role, Tack had served as Assistant Executive Director since
2021. Prior to Tack, Thuy Shutt served as Executive Director, who was preceded by Michael
Simon.
2 of 4 www.fordhan1son.com
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BBCRA Board Members
Apri114, 2026
Brown left Tack's office walking past Hill, and Tack followed asking how
they could move forward and to not speak to him like that. Brown yelled to Tack
"you are a fucking loser, you need to man up and take flicking control, you have
been the G*d damn Executive Director for two years,even I know that,I have known
since I was 25, you cannot blame everything on (prior Executive Director) Mike
Simon" and poked Tack in the chest with both hands.
Hill approached attempting to calm Brown, saying to not do this and that they
should take the conversation to an office. Brown responded that he needed to discuss
with Boynton Beach City Manager Dan Dugger why the CRA lost$30 million.Later
that afternoon, Brown returned through the back door to resume working and met
with Development Services Manager Theresa Utterback explaining that he was
trying to figure out how to get money to buy something and that is why he got upset
earlier, and also advised Jenkins that he had told a developer the CRA did not have
money for a project and that she did not need to stress about the report on which she
had been working. Brown went into Hill's office and said that he was sorry and not
mad at Hill but at Tack, and Brown also went into Tack's office apologizing for his
behavior and hugging Tack afterwards.
Brown returned on April 10 without incident, but was advised by Dugger in
the afternoon to not return to the office and that his access had been revoked. On
April 13, the police conducted an investigation by speaking with staff.
QUESTIONS PRESENTED
1. Whether the facts reveal any sort of policy or legal violation.
DISCUSSION
Yes. The CRA's Policies and Procedures specifically prohibit aggressive or
hostile behavior that creates a reasonable fear of injury to another person or subjects
another individual to emotional distress, and prohibits threatening remarks or
causing physical injury to another person. The policy instructs employees to
immediately report a loss of control, the making of threats, or intimidation to the
Executive Director, supervisor, or an HR designee.4 The policy also states that the
4 Both Hill and Tack contacted the undersigned because FordHarrison has represented the CRA
for years regarding employment law matters,and the instant issue involved the Executive Director.
3 of 4 www fordharrison corn
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BBCRA Board Members
Apri114, 2026
CRA will actively intervene at any indication of a possibly hostile or violent
situation. By contract, RMA employees are required to comply with CRA
employment policies.
While the conduct above does not rise to the level of an EEO violation as it
does not appear to be based on any protected conduct or category, employers cannot
tolerate non-consensual touching in the workplace and should discourage loud and
aggressive foul language.
CONCLUSION
The conduct of Brown described above violates CRA policy and led to
employees fearing for their safety. The undersigned recommends the Board take
disciplinary action against Brown, up to and including the termination of its contract
with RMA, to ensure no further incidents occur.
Please let me know if you wish to discuss this report or related matters in
greater detail.
Sincerely,
Is' _ !
DAVID M. GOBEO
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