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Agenda 06-08-21
d BEACK�,,,,,,CRA OWN= U N FTY REDEVELOPMENT E Community Redevelopment Agency Board Meeting Tuesday, June 8, 2021 -5:30 PM GoToWebinar Online Meeting and City Hall Chambers, 100 E. Ocean Avenue 561-737-3256 AGENDA 1. Call to Order 2. Invocation 3. Roll Call 4. Agenda Approval A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda 5. Legal 6. Informational Items and Disclosures by Board Members and CRA Staff: A. Disclosure of Conflicts, Contacts, and Relationships for Items Presented to the CRA Board on Agenda 7. Announcements and Awards 8. Information Only 9. Public Comments 10. CRAAdvisory Board A. CRAAdvisory Board Meeting Minutes- May 6, 2021 B. Pending Assignments C. Reports on Pending Assignments 1. Review of Commercial Properties within the CRAArea 11. Consent Agenda A. CRA Financial Report Period Ending May 31, 2021 B. Approval of CRA Board Meeting Minutes- May 11, 2021 C. Approval of Increase in the Commercial Property Improvement Grant Funding in the Amount of$11,500 for S. Solloway Acupuncture, P.A. Located in Colonial Center at 1200 S. Federal Highway, Unit 202 D. Approval of Commercial Rent Reimbursement Grant Program in the Amount of$6,900 for Shade Tree Music Studio LLC located at 410 W. Industrial Avenue, Unit 1 E. Approval of Commercial Rent Reimbursement Grant Program in the Amount of$15,450 to Go French Concept LLC d/b/a Le Petit Pains located at 410 E. Boynton Beach Boulevard, Units A& B F. Approval of Commercial Rent Reimbursement Grant Program in the Amount of$6,150 to Art-Sea Living, Inc. located at 412 E. Ocean Avenue, Unit 1 12. Pulled Consent Agenda Items 13. CRA Projects in Progress A. Cottage District Infill Housing Redevelopment Project Update of Discussion and Contract Negotiations with Azur Equities, LLC B. Neighborhood Officer Program 2nd Quarter Report for FY 2020-2021 C. CRA Economic& Business Development Grant Program Update D. Marketing, Business Promotions, and Social Media Update 14. Public Hearing 15. Old Business A. Discussion and Consideration of Lease Terms with C Life C Food, Inc. for the CRA-owned Property located at 401-407 E. Boynton Beach Boulevard B. Discussion and Consideration of a Draft RFP/RFQ for the CRA Project Located at 115 N. Federal Highway C. Consideration of Approval of System Audit Reports and Payments Release to Seabourn Cove Holdings LLC for the Properties known as Seabourn Cove - Phase I & Phase II D. Discussion and Consideration of an Interlocal Agreement between the City and CRAfor the CRA District Streetscape/Lighting Improvements E. Palm Beach County Housing Authority Project Update 16. New Business A. Discussion and Consideration of a Purchase and Sale Agreement for 133 NE 4th Avenue B. Discussion and Consideration of a Letter of Intent from the Barber Family Companies LLC for CRA-Owned Property Located at 211 E. Ocean Avenue C. Consideration of Award and Contract for Responses to the Invitation to Bid to Perform Landscape Maintenance Services on Properties Owned by the CRA 17. Future Agenda Items A. Discussion and Consideration of a Purchase and Development Agreement between the CRA and Habitat for Humanity of South Palm Beach County, Inc. for the CRA Owned Property located at 545 NW 11th Avenue B. Consideration of Award and Contract for Responses for the Management of the Boynton Harbor Marina C. Approval of the FY 2021 -2023 Boynton Harbor Marina Dockage Lease Agreement D. MILK Jr. Boulevard Corridor Commercial Redevelopment and Affordable Multi-Family Rental Apartment Project Update E. Ocean Breeze East Affordable Multi-Family Rental Apartment Project U pdate 18. Adjournment NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CRA BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE,WHICH RECORD INCLUDES THE TESTIMONYAND 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 WITHA DISABILITYAN 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 CRNS WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CRNS WEB SITE CAN BE OBTAINED FROM THE CRA OFFICE. 1 I, B E AC H C R A COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: June 8, 2021 CRAADVISORY BOARD AGENDAITEM: 10.A. SUBJECT: CRA Advisory Board Meeting Minutes - May 6, 2021 SUMMARY: See attached minutes. CRAAB RECOMMENDATION: Approved May 6, 2021 CRAAdvisory Board meeting minutes. ATTACHMENTS: Description D May 6, 2021 CRAAdvisory Board Meeting Minutes MINUTES OF THE CRA ADVISORY BOARD MEETING WEBEX ONLINE MEETING j' 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA 33435 t HELD ON THURSDAY, MAY 6, 2021 AT 6:30 PM PRESENT: STAFF: Naomi Cobb (arr. 6:52) Michael Simon, CRA Executive Director Angela Cruz (absent) Bonnie Nicklien, CRA Grants & Project Manager Sharon Grcevic Vanessa Mutchnik, Prototype, Inc. Joe Josemond Yonnne Skovron Golene Gordon Ms. Nicklien gave the introductory statement for participating in this WebEx Online Meeting. 1. Call to Order— The meeting was called to order Michael Simon, at 6:33 PM. 2. Roll Call - Roll was called, and it was determined a quorum was present. Mr. Simon stated that the CRA Advisory Board had new members. He requested for Board members to introduce themselves. Ms. Grcevic stated that she was in real estate and has been a resident of Boynton Beach for 23 years. Ms. Gordon stated she was in real estate and this is her 2nd term serving on the Board. Ms. Skovron stated she was in real estate and was excited to join the Board. Mr. Josemond stated that he works for the City of Boynton Beach and was very happy to join the Board and understand the inter-workings of this Board. Mr. Simon introduced Aimee Kelley (not present). He stated she was just appointed to the Board on Tuesday and will be an active member starting in June. Mr. Simon stated that the Board currently does not have a chair. He requested to know if the Board wished to appoint a chair at tonight's meeting or wait until they have a full Board in June. Meeting Minutes CRA Advisory Board May 6, 2021 Boynton Beach, Florida Motion was made by Ms. Gordon, seconded by Ms. Grcevic, to wait to appoint a chair until the June meeting. In a voice vote, the motion passed unanimously (4-0). Mr. Simon stated that he would serve as the chair for tonight's meeting. 3. Agenda Approval A. Additions, Deletions, Corrections to the Agenda — None B. Adoption of Agenda Motion was made by Ms. Gordon, seconded by Ms. Grcevic, to adopt the agenda. In a voice vote, the motion passed unanimously (4-0). 4. Information Only— None 5. Public Comment — None 6. Consent A. Approval of CRA Advisory Board Meeting Minutes —April 1, 2021 Motion was made by Ms. Cobb, seconded by Ms. Grcevic, to approve the minutes of the April 1, 2021 Board meeting. In a voice vote, the motion passed unanimously (5-0). 7. Assignments A. Pending Assignments 1. Review of Commercial Properties within CRA Area Mr. Simon stated that the CRA Board reviewed and accepted the categorizations of the properties from the last CRAAB meeting and has created a new assignment, to look at a wider area of the CRA District, this time for commercial properties for sale. Similarly, this Boards is asked to review the property, discuss if necessary, and determine in which of these three following categories the property would fall: • Pursue now as a land banking opportunity. • Pursue at a future date. • Does not fit the CRA Mission. From the Notice Agenda (see attached), the following properties were presented- 2 Meeting Minutes CRA Advisory Board May 6, 2021 Boynton Beach, Florida • 417 NE 6t" Avenue o North of Boynton Beach Boulevard, industrial area 0 8-minute drive to Boynton Beach Commuter Rail (Tri-County Commuter) and 23-minute drive Palm Beach International Airport o Currently an auto body and towing company 0 1,609 SF o Listing price $529,000 • 609 N. Railroad Avenue o Industrial area in the heart of Boynton Beach 0 8-minute drive to Boynton Beach Commuter Rail (Tri-County Commuter) and 23-minute drive Palm Beach International Airport 0 9,627 SF 0 0.42 AC o Listing price $1,699,999 • 3377 North Federal Highway 0 1,220 SF 0 12-minute drive to Delray Beach Commuter Rail (Tri-County Commuter) and 25-minute drive to Palm Beach International Airport o Listing price $599,000 • 3351 North Federal Highway o Currently Wicker & Rattan Furniture 0 5,000 SF 0 12-minute drive to Delray Beach Commuter Rail (Tri-County Commuter) and 26-minute drive to Palm Beach International Airport o Listing price $1,499,000 Mr. Simon explained the purpose of the Board is to make recommendations to the City Commission on purchasing these properties. He stated that the City would not be buying the business. He added that it is more of an opportunity to enhance the area or buy up a property that is the last corner of the City. Ms. Skovron stated that, being new to Board and hearing about these properties for the first time, she would like to I would like to go to these properties in person and give her opinion at the next meeting. Motion was made by Ms. Cobb, seconded by Ms. Grcevic, to table discussion and ranking of assignments until the June meeting. In a voice vote, the motion passed unanimously (5-0). B. New Assignments — No new assignments 3 Meeting Minutes CRA Advisory Board May 6, 2021 Boynton Beach, Florida 8. Adjournment Motion was made by Ms. Cobb, seconded by Ms. Grcevic, to adjourn the meeting. In a voice vote, the motion passed unanimously (5-0) and the meeting was adjourned at 7:14 PM. Attachments: Presentation of Commercial Properties within CRA Area [Minutes transcribed by V. Mutchnik, Inc.] 4 1 I, B E AC H C R A COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: June 8, 2021 REPORTS ON PENDING ASSIGNMENTS AGENDAITEM: C.1. SUBJECT: Review of Commercial Properties within the CRA Area SUMMARY: At their July 14, 2020 meeting, the CRA Board assigned the CRAAB with the task of identifying available properties located within key commercial and light industrial areas of the CRA. CRA staff will provide the CRAAB with a list of properties found on Costar/LoopNet and the Multiple Listing Service that are being marketed as "for sale." The CRA Board's assignment involves the CRAAB performing research and analysis on these properties. The goal of the assignment is to have the CRAAB provide a priority list of properties or recommendations on whether or not to pursue possible acquisition based on available funding. All land assemblages for future redevelopment shall be in furtherance of the 2016 Boynton Beach Community Redevelopment Plan. Of the properties for sale (see Attachment 1), categorize them as one of the following options: • Pursue now as a land banking opportunity; or • Pursue at a future time to be determined by the CRA Board; or • Do not pursue because it does not fit the CRA mission FISCAL IMPACT: To be determined. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRAAB RECOMMENDATION: At their June 3, 3031 meeting, the CRA Advisory Board made the following recommendations: Pursue Now as a pursue at a Future Does not Fit the Property Address Land Banking Date CRA M ission Opportunity 417 NE 6th Avenue X 609 N. Railroad X Avenue 3377 N. Federal X Highway 3351 N. Federal X Highway ATTACHMENTS: Description D Attachment I -CoStar Property Report Property Summary Report 417 NE 6th Ave Boynton Beach, FL 33435 - Boynton Beach Submarket BUILDING Type 1 Star Industrial Warehouse Tenancy Single Year Built 1955 RBA 1,609 SF t t , Stories 1 Typical Floor 1,609 SF Construction Masonry LAND Land Acres 0.24 AC Zoning M1 EXPENSES Taxes $3.72/SF(2020) PARCEL LOADING Cocks None Drive Ins 1 tot. Canes None Rail Spots None SALE TRANSPORTATION For Sale $529,000($328.78/SF) Parking 6 available(Surface);Ratio of Cap Rate 10.00% 3.73/1,000 SF Commuter Rail 8 min drive to Boynton Beach Com- Sale Type Investment or Owner User muter Rail(Tri-County Commuter) Status Active Airport 23 min drive to Palm Beach Interna- tional Airport Walk Score® Very Walkable(71) Transit ScoreO Minimal Transit(0) TENANTS Eastern Towing PROPERTY CONTACTS Sales Company Eastern Auto Body True Owner Floering David 417 NE 6th Ave 417 6th Ave Boynton Beach, FL 33435 Boynton Beach, FL 33435 Recorded Owner Floering David (561)369-4356(p) 417 6th Ave Boynton Beach, FL 33435 (561)369-4356(p) Copyrighted report licensed to CoStar Group 4/30/2021 CoStarTM Page 5 N N � O � N d O M �i r- v N f i t O F � e r � C 4 tm t qtr o y s=. a r C � � N r T O r i AF, f � r Property Summary Report 609 N Railroad Ave "Ib" Boynton Beach, FL 33435 - Boynton Beach Submarket BUILDING Type 2 Star Industrial Warehouse Tenancy Multi Year Built 1960 FBA 9,267 SF air,k Stones 1 Typical Floor 9,267 SF ��P k 'M1fr f•SY`e t'+Ctl Y�r � Ceiling Ht 12' - Construction Masonry LAND Land Acres 0.42 AC Zoning M1 EXPENSES Taxes $1.96/SF(2020) PARCEL LOADING Cocks None Drive Ins 4 tot. Rail Spots None POWER& UTILITIES FEATURES Power 3p Utilities Heating-Electric, Lighting-Fluores- . 24 Hour Access • Air Conditioning cent, Sewer-City,Water-County . Fenced Lot • Storage Space • Ya rd FOR LEASE Smallest Space 3,000 SF Industrial Avail 3,000 SF Max Contiguous 3,000 SF ##of Spaces 1 Vacant 9,267 SF % Leased 0% Fent $15.00 Service Type Double Net Copyrighted report licensed to CoStar Group 4/30/2021 CoStarTM Page 6 Property Summary Report 609 N Railroad Ave "Ib" Boynton Beach, FL 33435 - Boynton Beach Submarket AVAILABLE SPACES Floor Suite Use Type SF Available Fir Contig Bldg Contig Rent Occupancy Term P1st Industrial Direct 3,000/500ofc 3,000 3,000 $15.00/NN Vacant Negotiable Filing Flus Inc We have a warehouse for rent and also, a office for rent. Both are 3,000 sgft. SALE TRANSPORTATION For Sale $1,699,999($183.45/SF) Parking 25 available(Surface);Ratio of Sale Type Investment or Owner User 2.70/1,000 SF Commuter Rail 8 min drive to Boynton Beach Com- Status Active muter Rail(Tri-County Commuter) Last Sale Airport 23 min drive to Palm Beach Interna Cold Price $1,000,000($107.91/SF) tional Airport Cate Jul 2019 Walk Score® Very Walkable(71) Sale Type Investment Transit ScoreO Minimal Transit(0) Financing Down Payment of$100,000(10%) Unknown:Branch Banking&Trust Company TENANTS All My Sons Moving&Storage PROPERTY CONTACTS Primary Leasing Company Piling Plus Inc Sales Company Bowen Realty 609 N Railroad Ave 12769 W Forest Hill Blvd Boynton Beach, FL 33435 Wellington, FL 33414 (954)520-5068(p) (561)429-2070(p) True Owner Eric Newmark Recorded Owner THE 4856 GROUP LLC 4856 Bocaire Blvd 4856 Brocaire Blvd Boca Raton, FL 33487 Boca Raton, FL 33487 (954)520-5068(p) Previous True Owner Drapery Castle, Inc. 1220 SW 35th Ave Boynton Beach, FL 33426 (561)752-5585(p) (561)276-3378(f) Copyrighted report licensed to CoStar Group 4/30/2021 CoStarTM Page 7 co N 47 O tm j N m 0 a M �B- Lr I 4¢ i zr, i ' m of t NII t r m , r w T O U ut d N fs: Lf. G ` t-- � � I Q Property Summary Report 3377 N Federal Hwy °""Ib" Boynton Beach, FL 33483 - Delray Beach Submarket BUILDING t`l� k1 Tyre 1 Star Retail Freestanding \1Tenancy Single .. ,`g r i t r r it 1 y t(i tS fr�r�f3 JAS ,t, - - YeaC BC711t 1979 P w GLA 1,220 SF Stories 1 ®.... Typical Floor 1,220 SF Cocks None Construction Masonry LAND Land Acres 0.15 AC Zoning C3 EXPENSES Taxes $3.20/SF(2020) PARCEL TENANTS Pawn or Cash Inc 1,605 SF Super Clean Property Rescue SALE TRAFFIC &FRONTAGE For Cale $599,000($490.98/SF) Traffic Volume 22,543 on N Federal Hwy&Chukker Cale Type Investment or Owner User Rd N(2020) 28,624 on Federal Highway&Intra- Status Active coastal Rd SE(2020) Last Sale Frontage 100'on N Federal Hwy Cold Price $437,680($358.75/SF) Made with Traffic Metrix0 F'roducts Cate Feb 2020 TRANSPORTATION Forking 10 available(Surface);Ratio of 8.20/1,000 SF Commuter Rail 12 min drive to Delray Beach Commuter Rail(Tri-County Commuter) Airport 25 min drive to Palm Beach International Airport Walk CcoreO Car-Dependent(39) Transit Score® Minimal Transit(0) Copyrighted report licensed to CoStar Group 4/30/2021 CoStarTM Page 3 Property Summary Report 3377 N Federal Hwy Boynton Beach, FL 33483 - Delray Beach Submarket PROPERTY CONTACTS Primary Leasing Company Anaheim Properties, Inc. Sales Company Anaheim Properties, Inc. 1155 SW 25th Ave 1155 SW 25th Ave 'Au-m-12 Boynton Beach, FL 33426 'Au-m-12 Boynton Beach, FL 33426 (561)369-5993(p) (561)369-5993(p) (561)369-7106(fl (561)369-7106(fl True Owner 631 Hummingbird, LLC. Recorded Owner Peters 3377 N Fedl Highway Ll 6023 LeLac Rd 6023 Le Lac Rd Boca Raton, FL 33496 Boca Raton, FL 33496 (561)338-5080(p) Previous True Owner Douglas Peters Previous True Owner Lesli 3377 N Fed Highway LLC 6023 LeLac Rd 9193 Delemar Ct Boca Raton, FL 33496 Wellington, FL 33414 (561)516-1355(p) (561)290-3987(p) Copyrighted report licensed to CoStar Group 4/30/2021 CoStarTM Page 4 _ � � �� fly, _ N � W ;. O � ar, N d _. � I O a' � �� � a. M a, i � •e �.� „ r �� f � � �,. �y� I 5y� '," e'E �F. $ u � ' '� I� �� � f ��� � jl �� � �� `'�� �,� ti I�- 9, r li _. ''- � Y! � ry,. .: ,e s �, ,_ r t: __ `r"�: I w r �, F �.," r �; � { S �_ T .� ':— _ - V C ,- i- ,. H � � � c fPs' � } ` -� �. - ,� .L o. .,. ,: ;, o �� i�^ n- .. ��, � C � .. �: - � ([ � a f �', _ ,g n f; � F � E t o �� '�� m } t��, �: m �_ o ��� � � �. o m � - .� � , � .- �� ��, ( ���� s Q 0 �I fs 5 r �t�� �� m �� T Q O U s { ,, f�� r� s �� C. _ s��,� ,�, � � �� x �, ' ��4�,' x� .E — � I�� t,f .� �s F= L Q NN� L�f. Q �; C� G a � � �L � Q Property Summary Report 3351 N Federal Hwy -Wicker & Rattan Furniture Delray Beach, FL 33483 - Delray Beach Submarket BUILDING r n� Type 2 Star Retail Storefront Tenancy Multi rIN��� 4l Year Built 1958 ,�411t� ``i##j COLA 5,000 SF z Stories 1 Typical Floor 5,000 SF Docks None Construction Masonry LAND Land Acres 0.50 AC gill Zoning CG EXPENSES Taxes $2.57/SF(2020) PARCEL TENANTS All About Wicker LLC AMENITIES SALE For Sale $1,499,000($299.80/SF) • Signage Sale Type Investment or Owner User Status Active TRAFFIC &FRONTAGE TRANSPORTATION Traffic Volume 28,624 on Federal Highway&Intra- Parking 12 available(Surface);Ratio of coastal Rd SE(2020) 2.40/1,000 SF 25,099 on Federal Highway&Bam- Commuter Rail 12 min drive to Delray Beach Com- boo Ln N (2019) muter Rail(Tri-County Commuter) Frontage 200'on N Federal Hwy(with 2 curb Airport 26 min drive to Palm Beach Interna cuts) tional Airport Made with Traffic Metrix@ 'roducts Walk ScoreO Car-Dependent(39) Transit ScoreO Minimal Transit(0) Copyrighted report licensed to CoStar Group 4/30/2021 CoStarTM Page 1 Property Summary Report 3351 N Federal Hwy -Wicker & Rattan Furniture Delray Beach, FL 33483 - Delray Beach Submarket PROPERTY CONTACTS Primary Leasing Company Chris Lowry Realty Services Sales Company Chris Lowry Realty Services 80 N 4th Ave 80 N 4th Ave Delray Beach, FL 33483 Delray Beach, FL 33483 (561)523-3939(p) (561)523-3939(p) (561)279-7167(fl (561)279-7167(fl True Owner Gerardo&Linda S Acosta Recorded Owner Gerardo&Linda S Acosta 4807 N Lee Rd 4807 N Lee Rd Delray Beach, FL 33483 Delray Beach, FL 33483 (561)638-9215(p) (561)638-9215(p) Previous True Owner Gerardo&Linda S Acosta 4807 N Lee Rd Delray Beach, FL 33483 (561)638-9215(p) SALE HIGHLIGHTS • 200 Ft FRONTAGE ON US1 • GREAT VISIBILITY • GREAT PARKING • CONVENIENTLY LOCATED BETWEEN BOYNTON BEACH &DELRAY BEACH • High Traffic Count Copyrighted report licensed to CoStar Group 4/30/2021 CoStarTM Page 2 s k 3 C 4: d { i6 O tc >` , F c Nk o tf 0 n D U" t} O U �.c } i , t L Q QNNB }` , �L # 1 I, AGENCYB E AC H C R A COMMUNITY REDEVELOPMENT CRA BOARD MEETING OF: June 8, 2021 CONSENT AGENDA AGENDAITEM: 11.A. SUBJECT: CRA Financial Report Period Ending May 31, 2021 SUMMARY: CRA Financial Services staff is providing the CRA Board with the monthly financial and budget reports for the period ending May 31, 2021 (Attachment 1): • Statement of Revenues • Expenditures and Changes in Fund Balance Report • Budget Comparison Schedule- General Fund FISCAL IMPACT: FY2020-2021 Annual Budget CRA P LAN/P ROJ ECT/P ROG RAM: 2016 Boynton Beach Community Redevelopment Plan and FY2020-2021 CRA Budget CRA BOARD OPTIONS: Approve the C RA's monthly financial and budget report for the period ending May 31, 2021. ATTACHMENTS: Description D Attachment I - Monthly Financial Report for Period Ending May 31, 2021 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach,Florida) Statement of Revenues,Expenditures and Changes in Fund Balances Through Year to Date-May 31,2021 Total Debt Service Governmental General Fund Projects Fund Fund Funds REVENUES Tax increment revenue 14,928,164 14,928,164 Marina Rent&Fuel Sales 933,523 933,523 Contributions and donations - - - - Interest and other income 100,917 68,959 1,457 171,334 Total revenues 15,962,604 68,959 1,457 16,033,021 EXPENDITURES General government 2,227,693 - - 2,227,693 Redevelopment projects - 6,121,272 6,121,272 Debt service: - Principal - - - Interest and other charges - - 163,453 163,453 Total expenditures 2,227,693 6,121,272 163,453 8,512,417 Excess(deficiency)of revenues over expenditures 13,734,912 (6,052,313) (161,995) 7,520,604 OTHER FINANCING SOURCES(USES) Funds Transfers in - 9,931,300 2,137,822 12,069,122 Funds Transfers out (12,069,122) - - (12,069,122) Total other financing sources(uses) (12,069,122) 9,931,300 2,137,822 - Net change in fund balances 1,665,790 3,878,987 1,975,827 7,520,604 Fund balances-beginning of year 3,182,928 11,040,801 116,097 14,339,826 Fund balances-end of year 4,848,718 14,919,788 2,091,924 21,860,430 Footnote: Transfers between funds include monies received from TIF and carryover from general fund balance. The notes to the basic financial statements are an integral part of this statement. 1 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach, Florida) Budgetary Comparison Schedule General Fund Through Year to Date -May 31, 2021 Original Budget Final Budget Actual REVENUES Tax increment revenue $ 14,852,192 $ 14,852,192 14,928,164 Marina Rent& Fuel Sales 1,000,000 1,000,000 933,523 Interest and other income - - 100,917 Other financing sources(uses) 100,000 545,561 - Total revenues 15,952,192 16,397,753 15,962,604 EXPENDITURES General government 3,883,070 3,883,070 2,227,693 Total expenditures 3,883,070 3,883,070 2,227,693 Excess of revenues over expenditures 12,069,122 12,514,683 13,734,912 OTHER FINANCING SOURCES (USES) Carryover fund balance - Transfers out (12,069,122) (12,514,683) (12,069,122) Total other financing sources(uses) (12,069,122) (12,514,683) (12,069,122) Net change in fund balances $ - $ - 1,665,790 Fund balances-beginning of year 3,182,928 Fund balances-end of year 4,848,718 The notes to the basic financial statements are an integral part of this statement. 1 .�+ > No° o° o° o° o° o° o° o° o° 9 o° o° o° o° o° o° o° o° o° o° o° o° o° o° o° o° o° o° o° o° o° o° o° o° uq L N Ln O m O O O O O Ln N 7 O to O M M N to to r` r` M M Ln 00 N M O r` O O Ln M OO ,� Ln m O N O O O O O w 7 N O W O r` to N c-I 7r, Ln Ln O O m 7 O O r` 7 O 7co N ti O O O Lf1 O O O O O N W On O rj W O m 7 r" N W m W W LNO w W m m OM w m W W m Qr A+ E M K ci ci ci 10 W Ln o\' O Oq O O O to O O T O to O to O m m Ln O 7 O W N w O ci O Ln O N r` O W O CO M O O c0 LQ lo� O O Ol O r` O lo� O to O O LQ 00 LQ M LQ LQ O lo� -! 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SUBJECT: Approval of CRA Board Meeting Minutes - May 11, 2021 SUMMARY: See attached minutes. CRA BOARD OPTIONS: Approve the May 11, 2021 CRA Board Meeting Minutes ATTACHMENTS: Description D May 11, 2021 CRA Board Meeting Minutes Minutes of the Community Redevelopment Agency Board Meeting Held on Tuesday, May 11, 2021, at 5:30 p.m. Via GoToWebinar Online Meeting & City Hall Commission Chambers 100 E. Ocean Avenue, Boynton Beach, Florida Present: Steven B. Grant, Chair Mike Simon, Executive Director Ty Penserga, Vice Chair Thuy Shutt, Assistant Director Woodrow L. Hay, Board Member Kathryn Rossmell, Board Counsel Christina Romelus, Board Member Justin Katz, Board Member 1. Call to Order Chair Grant called the meeting to order at 5:31 p.m. Alan Karjalainen, Web Design Coordinator, read a statement explaining how the meeting would proceed and how the public could participate in the meeting. 2. Invocation The invocation was given by Chair Grant, followed by the members reciting the Pledge of Allegiance to the Flag. 3. Roll Call A quorum was present. 4. Agenda Approval A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda Motion Vice Chair Penserga moved to approve the agenda. Board Member Katz seconded the motion. The motion passed unanimously. 5. Legal 6. Informational Items and Disclosures by Board Members and CRA Staff: A. Disclosure of Conflicts, Contacts, and Relationships for Items Presented to the CRA Board on Agenda Meeting Minutes Community Redevelopment Advisory Board Boynton Beach, Florida May 11, 2021 Board Members Katz, Hay and Romelus had no disclosures. Vice Chair Penserga attended a Downtown Business Coalition meeting last week. Chair Grant also attended the Downtown Business Coalition meeting. He announced he does not represent Tim Collins. Last Thursday, he attended a meeting at Ocean Breeze East. One concern raised was Crime Prevention Through Environmental Design (CPTED). Because the building design allowed for stairwells to be open to all sides of the roads, people use it as a walk through. He thought they should ensure future site plan reviews include CPTED to ensure resident safety. 7. Announcements and Awards 8. Information Only A. Public Comment Log B. Public Relations Articles Associated with the CRA 9. Public Comments Chair Grant noted Mr. Camalier was present and assumed he would speak about the 115 Federal Highway item, 10. CRA Advisory Board A. CRA Advisory Board Meeting Minutes -April 1, 2021 B. Pending Assignments 1. Review of Commercial Properties within the CRA Area (TABLED 5/6/21) Mike Simon, CRA Executive Director, explained the CRA Advisory Board was tasked with reviewing four properties in the CRA District. The properties were presented to the Board by staff. After discussion and a vote, the Board decided, because there were several new members present, to table the item so they could go into the field to further investigate the properties. They will come back in June to discuss them in greater detail. Chair Grant commented they need to know about these properties each meeting because sometimes the properties sell quickly. He will attend the next meeting, and show them Google Streetscape, the property appraiser's maps showing values and other commercial and residential sites that provide recently sold information. Mr. Simon explained he and Ms. Nicklien have already done so. Staff provides them with every available resource. He will remind them of those websites at the next meeting. Chair 2 Meeting Minutes Community Redevelopment Advisory Board Boynton Beach, Florida May 11, 2021 Grant thought it was imperative to go through the properties. If they do not have a decision, it should be added to the "Pursue" column at a later date option. 11. Consent Agenda A. CRA Financial Report Period Ending April 30, 2021 B. Approval of CRA Board Meeting Minutes -April 13, 2021 C. Approval of Commercial Property Improvement Grant Program in the Amount of$12,405.90 for AIMS Marketing Systems Inc. Located in Ocean Palm Plaza at 1600 N. Federal Highway, Unit 12 D. Approval of Commercial Rent Reimbursement Grant Program in the Amount of$13,026 for AIMS Marketing Systems Inc. Located in Ocean Palm Plaza at 1600 N. Federal Highway, Unit 12 E. Approval of Commercial Property Improvement Grant Program in the Amount of $17,433.23 for Aurora's Mexican Kitchen Inc. Located at 410 E. Boynton Beach Boulevard, Unit C F. Approval of Commercial Rent Reimbursement Grant Program in the Amount of $12,900 for Aurora's Mexican Kitchen Inc. Located at 410 E. Boynton Beach Boulevard, Unit C G. Approval of Commercial Property Improvement Grant Program in the Amount of $17,535.98 for Patterson Plaza, LLC Located at 1815 S. Federal Highway Motion Vice Chair Penserga moved to approve. Board Member Katz seconded the motion. The motion passed unanimously. Individuals who applied for commercial facade grants were present as noted below: Aurora's Ramos, President of Aurora's Mexican Kitchen, was present. Pablo Del Real, Vice President, explained he and his wife moved into the 410 E. Boynton Beach Boulevard Unit C in late October and they have been trying to get the unit up to speed as a commercial kitchen use. Mrs. Ramos wants to cook the food she grew up with using natural ingredients. Chair Grant commented the CRA has programs to help market the business and the Board wants to work with her. He requested they let the Board know when they are open. 3 Meeting Minutes Community Redevelopment Advisory Board Boynton Beach, Florida May 11, 2021 Clint Oakley has lived on Boynton Beach Boulevard for 35 years. He is located at 1600 N. Federal Highway, Units 11 and 12. He would like to clean up the building and make it presentable, provide employment, and provide good quality marketing for the local businesses. He has good plans for the office and has two employees working inside and several outside in the field. Brittany Patterson provided a statement on behalf of Patterson Plaza and she thanked all who reviewed and approved their application. They were looking forward to enhancing this area in the community. 12. Pulled Consent Agenda Items None. 13. CRA Projects in Progress A. Marketing, Business Promotions, and Social Media Update Renee Roberts, Social Media and Communications Specialist had a presentation showing the marketing, promotions and social media updates that were handled in April. The Board Members viewed the presentation, promoting the Spring issue of Redevelopment Works, the CRA's newsletter and upcoming promotional events to be held during the summer. Examples of posts promoting small businesses were viewed. A quarter page add in the Coastal Angler Magazine was viewed promoting Valtect Fuel and Marine Diesel fuel at the Marina. A quarter page ad promoting dining, diving, fishing, boating and jet skiing was also viewed. Mercedes Coppin, Business Promotions and Events Manager, announced staff promoted Boynton Beach Bucks for the Your CBD Store and worked with the owner to identify a promotion, which was $10 off a purchase of$30 or more. Nine Boynton Beach Bucks were redeemed. The survey they used for the promotion had 93 responses. Fifteen percent of the respondents shopped there before and 83 had not. Eighty three percent were residents and 17% were not. Examples of the posts they used to share on social media were viewed along with custom posters. The promotion was shared with City of Boynton Beach staff and to over 2,300 individuals on the CRA email subscriber list. The Business Promotions team participated at the City's Egg Stravaganza event and distributed copies of the Like a Local business guide and vouchers for the Your CBD Store Boynton Beach Bucks offer. In April, staff promoted Boynton Beach Bucks for Guaca Go, who wanted to expanded their hours. The deal was $5 off a purchase of $12 or more between 5 PM and 8 PM. Fourteen Boynton Beach Bucks were redeemed. The survey had 131 responses: 34% stated they ate there before and 66% had not. Seventy eight percent were residents and 22% were not. Examples of the social media posts were viewed. 4 Meeting Minutes Community Redevelopment Advisory Board Boynton Beach, Florida May 11, 2021 The CRA newsletter was distributed to those on the CRA email list and published on the Boynton Beach Insider Blog. It had a story promoting Chair Grant's message and articles about the public parking lots at 115 N Federal Highway and about the Purchase and Development Agreement with the Boynton Beach Office Condo LLC. Ms. Coppin reviewed the businesses featured in HitTheBiz and about dining, recreational, and marine information, the transfer of the Women's Club to the City, and details about the Social Media Outreach Program (SMOP), the Boynton Beach Bucks promotion, the Affordable/Workforce Housing Grant programs, and the Neighborhood Signage and installation/repair grant programs. Staff published a blog of five business promotional events over the summer including dates, times and location. Staff is finalizing some details about upcoming events that will be released this weekend. Chair Grant asked if they will advertise with the Coastal Star and learned staff does not advertise with them. Chair Grant recommended they do so because the Coastal Star is a free publication in the area. There was consensus to advertise in the Coastal Star. B. Social Media Outreach Program 2nd Quarterly Report (January-March 2021) Renee Roberts had a presentation Ms. Roberts explained there are 66 businesses registered and 98 registered in the program since inception. Three new businesses were added this quarter and there were 55 total business contacts. She explained the Boynton Beach Bucks and SMOP goals. The SMOP is used to create Facebook ads and SMOP 1-on-1 Business Assistance. Boynton Beach CRA social media has increased on both Facebook, Twitter and Instagram. Ms. Roberts reviewed future CRA projects. C. CRA Economic & Business Development Grant Program Update Bonnie Nicklien, Grants and Project Manager, advised there are eight businesses left in the grant process in various stages. There is not enough money to fund all of them, but some of the projects are too early and when the new fiscal year starts, they can apply then. D. CRA District Lighting Improvement Project Update Thuy Shutt, Assistant Director, reviewed a spreadsheet. The Board directed staff to develop a list of lighting improvements in the CRA that could be implemented this fiscal year. She clarified implementation could mean construction and/or design underway or committed. Staff prioritized the projects and provided a preliminary cost estimate. They will not know the actual costs until the project is bid. Sometimes quotes are given, but some projects need to be designed. The first item was the Ocean Avenue Bridge East between NE 1st Street and Federal Highway at a cost of$155K. She explained the scope of work that needed to be done as contained in the meeting materials. Most of the new lighting is rented from FPL as the City does not like to store light fixtures. They 5 Meeting Minutes Community Redevelopment Advisory Board Boynton Beach, Florida May 11, 2021 prefer FPL install them and the City pay for the cost. The next item was the East MLK Jr. Corridor Streetscapes. These need to be done in conjunction with new projects so it would be a comprehensive project that looks at amenities and existing nodes. Chair Grant supported moving the Ocean Avenue Bridge priority up as the area under the bridge could be enhanced with more lighting making it a safer space. Board Member Katz noted the total cost of all the projects was $141 K over what the Board had allocated. He asked if there was anything definite in the current budget they know they would not spend that could fill in the gap to move forward with all the items. Mr. Simon explained they have been identifying money for other items When they move into June and July, the members can look at the roll over budget and identify other funds that could be reallocated this fiscal year. Mr. Simon anticipated most of the project would likely begin before October 1St, but others may not, which could be funded in next year's budget if they cannot find the extra $141 K this year. Staff will bring updates to each meeting. Board Member Katz asked what items will not be started this year. Ms. Shutt explained Item 5 was in conjunction with a streetscape project. The Ocean Avenue Bridge would take longer. Ms. Shutt noted the bridge has upper and lower components. Attachment 2 had visuals of the corresponding projects. Board Member Katz had no trouble trying to fund them all, but if not, prioritize what can be started as soon as possible. It was suggested making a motion to approve and whatever funds are needed in the next fiscal year, they allocate it, so they can move forward with the lighting because it adds a lot of value in the CRA District. Ms. Shutt explained they would try to make it work and they would bring it back to the Board. Board Member Hay agreed with Board Member Katz's suggestion as long as it would not jeopardize lighting on the agenda, and in particular, the Sara Sims project. Chair Grant asked about lights at certain parks, as they are part of the City's CIP Plan and he requested Mr. Simon provide him with the City's CIP, and the CRA cannot spend money on anything in the City's CIP that is less than three-years out. Ms. Shutt requested the Board give direction for staff to work with Legal counsel to develop an ILA to channel money to the City for these projects. Motion Board Member Hay moved so moved. Board Member Katz seconded the motion. The motion passed unanimously. 14. Public Hearing 15. Old Business A. Project Update on Azur Equities, LLC, the selected proposer of the RFP/RFQ for the Cottage District Infill Housing Redevelopment Project 6 Meeting Minutes Community Redevelopment Advisory Board Boynton Beach, Florida May 11, 2021 Mr. Simon advised they had two successful meetings with Franck Gotsman of Azure and the team on April 22nd. They met with the City's Planning and Development Staff on April 29 and Azure made some adjustments staff wanted them to explore. Azure is excited to get started. The property will be re-platted into future lots and the project, instead of being an infill housing project, will use a simple streamlined process. The replat, subdividing and roadways are the first step, which will add another two or three months to the regular site plan process, but it is necessary. They will have revisions and a partner willing to work with the CRA. Staff will have the Purchase and Development Agreement ready for the June meeting with key terms, and they will have revisions be presented and become part of that Development Agreement. Chair Grant wants to explore changes to the Comprehensive Plan that need to be made so the project is the best it can be. He noted the townhome vehicles cannot back out of the garage onto the road, and if the CRA can say they think the City should make certain changes to the LDR's to get the best project for infill single-family homes, they could. It was noted the Palm Beach County Housing Authority is auctioning its properties. Board Member Katz had no objection inquiring with the City, it is something he thought could be worked on. Vice Chair Penserga asked if the concern was the process would be so cumbersome the project would become financially unfeasible. Chair Grant commented it was a concern, as the CRA would have to spend funds for the developer to make it financially feasible. Vice Chair Penserga asked what the plan to finance the project was, about the contingency for financing so the project can be completed and what the process is in verifying the items. He noted the bank was a foreign bank. Chair Grant thought they should move forward with the design first, then the financing. They can set dates regarding the financing and the CRA's recourse. B. Discussion and Consideration of Lease Terms with C Life C Food, Inc. for the CRA-owned Property located at 401-407 E. Boynton Beach Boulevard REVISED Mr. Simon brought this item back to the Board and reviewed Mr. Collins' Letter of Intent was selected and they discussed the proposal. Attachment two contained the requirements and staff developed a draft lease agreement, which was presented to Mr. Collins in attachment three. Attachment four had questions and concerns. Mr. Collins had met with the City and his architect. Staff was not present, but there were some items Mr. Collins and his architect will have to address. Mr. Collins noted item 2B regarding the 5% annual increase. The original intention was to be as temporary as possible for the City and to work together so when a bigger opportunity comes along, Mr. Collins could vacate the premises quickly. After brief discussion, it was decided a 2% annual increase was appropriate Mr. Collins explained the rent was a total rent plus sales taxes. The lease would be a triple month lease which means he is responsible for the property taxes and insurance on the building, which could be $2K a month. He was unsure the CRA pays taxes on 7 Meeting Minutes Community Redevelopment Advisory Board Boynton Beach, Florida May 11, 2021 the property. Mr. Simon explained with a commercial lease, the CRA is no longer protected by the designation and the property is looked at as a commercial property and the Property Appraiser assesses it accordingly. Discussion followed that Mr. Collins was not renting all four properties. The taxes on the 401 property was $4,800 a year and $2,784 for the lot between the buildings, which was about $632 a month in taxes. He did not anticipate the terms of the lease would be so expensive they would increase the value for the lease. Chair Grant recommended setting the amount at $500 a month. Mr. Collins favored a flat rate amount. Chair Grant did not think the CRA would lose money by renting the property. The point is to set the lease for at least the first year for a fixed cost not variable. Mr. Simon explained now that they know the lease is not a triple-net lease, the $500 is $132 short of the existing taxes. It was explained the difference would come from the rent and the CRA would not profit $2,500 a month. Board Member Katz had no problem with setting a fixed amount for one year, and a percentage rate the following years. They do not know the property taxes for 2021. It was noted the Property Appraiser is limited to increasing the assessed rate each year to 10% each year. Attorney Rossmell repeated for the first year, the lease would not be a triple net lease, just a capped rate normal lease, but beginning the second year, the lease would convert to an ordinary triple net lease. That number would be added on top of the rent. Mr. Collins asked if then moving forward, that number would be added on top of the rent and learned it would. Mr. Collins advised he could work with that. Chair Grant commented the amount will be spelled out what the monthly rent would be and be all inclusive. Mr. Simon indicated Mr. Collins was interested in discussing the grants available to eligible commercial businesses, which includes half of the rent for the first 18 months of a multi-year lease. It was not agreed to, not proposed, and Mr. Simon asked if they will reduce the first years rent by half. Mr. Collins was ok waiving that for the first year. The new offer did not include commercial grant rent reimbursement. Chair Grant asked if they want to allow up to $50K of commercial grants to the building. Vice Chair Penserga thought the purpose of the building was only to be a temporary home. He did not think it was in the best interest of the CRA. Mr. Collins thought they may not need the interior renovation grant because the building is solid cement. The only question is the front glass. He was fine with that, but he liked the exterior paint and sign assistance. Chair Grant explained they combined the exterior and interior grants. Mr. Collins noted they will have to address the parking lot, which was about $150K Ms. Shutt mentioned the parking lot is about $100K for just the paving and dealing with existing conditions. Because of Mr. Collins' change in use, it resulted in everything being reviewed differently and for safer ingress/egress out of a major arterial road. If the property, except for the 401 property, was demolished, staff would explore a pop-up business in the area and the property could be sodded, accommodate a food truck, or 8 Meeting Minutes Community Redevelopment Advisory Board Boynton Beach, Florida May 11, 2021 have an art show. Staff has not had the opportunity to discuss those uses with the City, but the intent is to re-sod the property. Mr. Collins explained the building is 2,062, square feet and by Code 11 parking spaces are required. If the CRA wants to use that building in the future, they have to decide how much they want to spend. The laundromat has a long-term lease for seven years. The CRA, as a landlord, has to determine how to rent out the space with the parking associated with it and determine the costs. They may have to wait for next year's financing. Mr. Collins pointed out that as a temporary tenant, there is very little chance he will recoup the money they will have to invest in a parking lot in years one, two or three and still be in the black. Mr. Simon explained the CRA Board did not issue an RFP or put up a sign to rent the building. They received unsolicited interest for various potential uses, some of what are the existing use which would not require some of the things that a change of use, which is being proposed, requires. There are other factors in play. Someone will have to build a parking lot and make many upgrades, but it was not what the CRA proposed. Someone was interested in the building that turned into five people wanting the property. The Board is not in a position to solicit someone and would provide amenities. There were no presupposed circumstances or financial assistance that he offered the public to take advantage of and he made no stipulation to anyone that said the CRA would provide items. Board Member Katz thought it raised concerns about changing the use. He agreed it should not be the tenant's responsibility to bring the building up to Code and build a parking lot. If the CRA plans to tear down the building in a year or two, he asked if it was worth spending the money. Board Member Hay asked about the parking and the cost for parking for the entire complex. Chair Grant noted one use was for equipment rental which would not require a change of use. Mr. Collins heard at the planning meeting that when a business moves out and no longer exists, the new codes are in place. Chair Grant commented the CRA after spending $900K to purchase the property has to decide what the best use for the CRA District is. They have to decide if they should sod it and land bank the property or decide if it will be five years before a developer comes in to develop the entire block. He thought it would be at least five years before property owners would decide to sell and the CRA needs to decide this issue. Mr. Collins explained the exterior does not need help, but the parking lot does. Landscaping requirements are also considered exterior improvements. Someone should provide that information before the CRA decides what to do. Vice Chair Penserga thought the sticking point is the parking lot. Mr. Collins noted the lot could have a food truck or other pop up events, but even if he used all the parking 9 Meeting Minutes Community Redevelopment Advisory Board Boynton Beach, Florida May 11, 2021 spaces on the three lots, parking would still not meet Code. By the time he puts equipment in, taxes and insurance, and if they use the existing parking by the building that will be torn down, the spaces are close, but it does not meet the Code. There are about 11 spaces across the front of the property. Mr. Simon explained the decisions for the Board are if the Board wants to turn it into a rental, what is involved and if so, who is responsible for the improvements. Chair Grant asked what the Board was willing to spend to move the project forward. He suggested because the Board selected an applicant, that the Board request the applicant supply the cost to the CRA, including ADA requirements, less his equipment costs, and then the Board decide. Mr. Simon would not recommend entering into the lease agreement without this information. The City will also need to approve it. Mr. Collins explained the last item was to have the right of first refusal. If someone made an offer to buy the three lots, he wanted the opportunity to match the offer. Chair Grant had no problem with that if he is still a tenant. Chair Grant commented instead of first refusal, the purchase price would be nothing less than the CRA's cost. Board Member Katz thought the purpose of the property was to ensure assemblage. He would not be in favor of any sort of lease or sale of the property because then the Board would not have any ability to make sure it is part of an assemblage. Chair Grant thought the tenant should have the ability to match someone else's offer to purchase the three properties did not make sense because if the CRA offers the land as part of a bigger development the Board did not want to give Mr. Collins the right of refusal of nothing. Mr. Simon explained the issue would be publicly noticed and anyone can make an offer. Chair Grant commented as a public entity, the Board cannot sell it without giving Mr. Collins the option to buy it. The CRA would have to go through another 30-day RFP/RFQ. Attorney Rossmell summarized the discussion as follows: The lease terms were on hold until the applicant provides an estimate of the cost to bring the property up to Code. The CRA will analyze it and decide if it wants to move forward with a lease discussion at a future meeting. The Board also discussed other terms which were a 2% increase in rent, a flat fee of $500 for the 2021 year's rent and in 2022, the lease would be a triple net lease. Attorney Rossmell understood when the applicant comes back with costs, CRA staff and Legal would present a lease tentatively revised based on the Board's consideration. Mr. Collins requested the CRA provide an estimate of the insurance. C. Discussion and Consideration of Terms for an RFP/RFQ for the CRA Project Located at 115 N. Federal Highway 10 Meeting Minutes Community Redevelopment Advisory Board Boynton Beach, Florida May 11, 2021 Chair Grant understood the bullet points in the agenda were things the Board wanted to include or not so they can finalize the RFP/RFQ. The bullet points in front of the Commission were items to consider in order to finalize the RFP/RFQ draft for final approval next month. Jeff Burns, CEO Affiliated Development, reviewed the RFP/RFQ recommendations and made some suggestions. They spent a lot of time talking with community residents and businesses. He suggested, regarding housing, incorporating a mixed-income component to the housing. He thought employees could benefit by living close to where they work. If the RFP incorporates adjacent properties, a developer can demonstrate they have or can gain control of surrounding properties. If the plan calls for incorporating one of the surrounding properties, there should be some consideration to incorporating existing businesses into the new development For the RFQ, Mr. Burns noted the document talks about being qualified and having financing, he suggested providing proof of funds, both debt and equity and to demonstrate they can build the project. It was important to have experience in other similar public private partnership projects. Vice Chair Penserga asked how to incorporate mixed-use housing. Mr. Burns explained it was just incorporating set asides for different income levels. It does not have to be defined in the RFP, but it should incorporate a mix of incomes. It is documented as a restrictive covenant on the property that holds the set asides and they are normally from 80% to 120% of AMI. They enter into an agreement with the CRA to keep X percentages of the units as set asides. It could be 25% of the units as set asides. Kim Kelly, owner of Hurricane Alley, 529 E. Ocean Avenue, understood incorporating businesses. They have to change for the times. She thought what Mr. Burns proposed would be helpful and she also supported the mixed-use housing. If done correctly, it sounded like it was something they could move forward with. Board Member Katz agreed with Mr. Burns' comments and financing. In the past, plans were shown and then financing was lost. He did not know how to strengthen the requirement, but he supported that what is shown is legitimately backed. He liked the idea of having mixed income set asides. He like the idea of proof of site control for adjacent properties. He did not like if someone was not putting any investment in the project. Chair Grant spoke in regards to how to keep the financing, he thought if financing is not received by a certain date, it was not just a loan on the property, it was also getting a permit. They can include it in the RFP/RFQ and negotiate a timeline with what the developer thinks is possible. He noted with 500 Ocean, they asked for extensions, 11 Meeting Minutes Community Redevelopment Advisory Board Boynton Beach, Florida May 11, 2021 which the CRA Board granted for the utility work for the project. As for adjacent properties, the applicant has options to purchase similar to what the Board experienced with the Cottage District and it was something they would consider. He thought the City does not have Class A office space. 500 Ocean had Class A office space and one business took all 6,600 square feet of it. There were a few retail store fronts , and then the First Financial Plaza is office condo and the CRA is grossly underrepresented in office space. The City is in the middle of West Palm Beach/Palm Beach Gardens and Miami, and could offer corporate office space where people would be active during the day with coming in enter, not just people going out during rush hour. He wanted to add TIF for a CBA. He thought the set asides for properties lower than market values was a benefit, they also want to teach the next generation how to get experience. He wanted incorporation of a multi-modal design as this area was a Transit Oriented District (TOD.) He wanted a mass-transit option. The reason why he wanted to add TIF was for the community benefits. When they discussed mixed-income, the developer does not have to be an affordable housing developer, but if they have experience and can help subsidize the funds coming through with the American Rescue Plan, he would support it. He noted with Ocean Breeze East and the MLK Jr Corridor, funding from the Florida Housing Finance Corporation was the reason for the development and the CRA did not have to spend millions to obtain affordable housing. Board Member Hay wanted to see a mix of restaurants and administrative office space because he was aware office space is getting tight and they have an opportunity to generate jobs, while at the same time, he supported more walking space in the downtown area, in terms of activity spaces. Hurricane Alley's is always crowded and it would be nice to have another eatery down the street for the public. He emphasized input from adjacent property owners would be helpful and he agreed the CRA has one shot at this. The development will be around for a long time and they need to get it right. Chair Grant went to the Butcher and the Bar and used 500 Ocean's garage. He was glad they have that option and he encouraged all to visit the new restaurants across the street from Hurricane Alley. Board Member Romelus agreed with Board Member Katz's and Chair Grant's comments. It is an exciting project and she was glad they took the time to nit-pick each aspect. 500 Ocean was the start of the downtown and it was doing well. She saw people sitting in the courtyard by Pio Pio and it was a success. Office space is another success, but she thought the CRA should allow office space to be flex space if not taken up by one or multiple large companies to be a co-working space for multiple entrepreneurs and business owners. The space should be flexible and she was glad all are on the same page. Vice Chair Penserga thought the bullet points are the right direction and he will pay special attention to financing and protections for the CRA and City. 12 Meeting Minutes Community Redevelopment Advisory Board Boynton Beach, Florida May 11, 2021 Attorney Rossmell explained the Board can give consensus to give staff direction to move forward. Board Member Katz commented, in regard to building wealth in the community, and recalling a proposal from the community to infuse more trade for residents, he would be in favor of using TIF to cover the increased costs to use local union trades. If they incentivize them, they are guaranteed to have local workers. The money stays in the community and they would have however long for the property to be completed. The union trade apprentice programs are free as long as long as the individual puts in the work and learn in earnest and they are paid an honest wage. When done, they will do well and earn more than he will as a teacher. After the building is constructed, there will be a hub of trades available in the community. Vice Chair Penserga supported the proposal. Chair Grant noted TIF funding was not a requirement and asked if the Board wanted the applicants to have this as part of their proposal, or have them say they will consider it as part of the proposal. Board Member Katz asked if this pertained to the use of union labor or apprenticeships. Chair Grant asked if the Board wanted it to be specific to union labor, trades, apprenticeship or non-profits that provide career skills. Board Member Katz had no problem without defining a dollar amount saying the land and TIF funds are on the table. He would not object to the consideration of incorporating the use of local trades that would allow for apprenticeship opportunities during the time of construction. Chair Grant summarized it is a consideration of using local trades people, but have apprenticeship programs, which could be different because some local contractors do not have apprenticeship programs, but some in the area do. It is something this Board is highly considering, when they make their decision, based not only on the local organizations the applicant has, but the contract they sign with them to include them in the Purchase and Sale Agreement because they do not want to see the applicant say he has local contractors and then after the Purchase and Sale Agreement uses someone else. Board Member Katz agreed. He wanted to put in the contract the local trade unions and their apprenticeship programs because it is a guarantee if you use one you get the other, whereas local contractors who do not have apprenticeship programs may say they will bring on inexperienced people and train them, but local unions are tried and true with apprenticeship. He would put in there with regard to the use of local union trade associations with their apprenticeship programs being a component. Board Member Hay and Chair Grant agreed. Chair Grant was aware developers will say there is a cost associated with it, but the CRA can say they are fine with it and they will subsidize the added cost. The financing package will include the funds either in the budget or by using TIF. They are providing job training the next generation and the City is having trouble finding these skills. Board Member Romelus supported giving preference to local Boynton Beach residents. There was agreement they will have incorporation of trade unions as part of the application and consideration of local organizations as well. The aspect the Board will determine is if the applicant will say they have one electrical trade union position and 13 Meeting Minutes Community Redevelopment Advisory Board Boynton Beach, Florida May 11, 2021 another may say they have it with other trade unions. He hoped the union would be willing to work with multiple applicants because they know they will be part of the selected project. D. Consideration of Approval of Boynton Village, LLC a/k/a The Preserve's Performance Audit for Year Ending December 31, 2020 for Compliance with the Direct Incentive Funding Agreement Vicki Hill, Finance Director, announced the developer submitted a request for payment for their compliance audit for the 2020 tax year and they are in compliance. If approved, the CRA will issue year six payment for Fiscal Year 20/21 for $26,474. Under the terms of the DIFA and including the payment for year six, the CRA will have provided $305,467 in property tax increment revenue and during the same time, the CRA retained $556,959 in TERFA. Staff recommended approval for $26,474. The development has 100 rentals and five homes so there are 105 units. When they put items into fee simple, if there is no sort of restrictive language when building single- family homes or condos, an investor may take over, but the CRA wants to build wealth in the community through home ownership and equity. Motion Vice Chair Penserga moved to approve. Board Member Hay seconded the motion. The motion passed unanimously. E. Consideration of an Interlocal Agreement with the City of Boynton Beach for the Design Costs Associated with the Historic Woman's Club of Boynton Beach located at 1010 S. Federal Highway Ms. Shutt presented the item. The prior Interlocal Agreement was for construction costs which was to start in FY2022. This item will allow the Board to use funds to start this year for 20/21 so the City can procure services with needed items such as ADA bathrooms, a pedestrian crossing across US 1 between the Senior Center and the Woman's Club and window repairs and doors. Attachment Five is the prior approval and Attachment Three is a proposed design service ILA. Vice Chair Penserga noted they agreed to up to $250K for three years, and now there is another request for another $87K. He asked why this cost was not included in the prior request. It was explained the prior ILA envisioned the money to be budgeted for next year so staff would not be able to use this year's money towards that. The $250K was the anticipated cost for the construction of the project. City staff was working with CRA staff and the work could be done in-house. After further evaluation, the work could not be done in house. City staff feels they will need experts for the needed improvements and the design services costs be under another ILA. It would be cleaner that way and would not combine two fiscal years. 14 Meeting Minutes Community Redevelopment Advisory Board Boynton Beach, Florida May 11, 2021 Motion Vice Chair Penserga moved to approve. Board Member Hay seconded the motion. The motion passed unanimously. F. Consideration of an Interlocal Agreement with the City of Boynton Beach for Improvements to the Sara Sims Park Amphitheater Mr. Simon explained the Board had previously approved an ILA with the City to provide funding for elements to improve the Park. Once they approved the ILA, it went through the City's process and resulted in a delay for approval, City staff was able to get a clearer architectural design that addressed ADA and other required components. This was a request from the City to increase the funding from $100K for a total of $150K for improvements that were not envisioned. A visual of the amphitheater walls, ADA ramp and other electrical elements was viewed. It was noted the stage will be 36 inches off the ground. Staff identified $100K in funding. They have $238K in the Woman's Club improvement fund they did not use, and can take $100K from there and move it over. Motion Vice Chair Penserga moved to rescind the first ILA. Board Member Hay seconded the motion. The motion passed unanimously. Motion Vice Chair Penserga moved to approve the second ILA with the City not to exceed $150K. Board Member Romelus seconded the motion. The motion passed unanimously. 16. New Business 17. Future Agenda Items A. Discussion and Consideration of a Purchase and Development Agreement between the CRA and Habitat for Humanity of South Palm Beach County, Inc. for the CRA Owned Property located at 545 NW 11th Avenue B. Consideration of Award and Contract for Responses to the Invitation to Bid to Perform Landscape Maintenance Services on Properties Owned by the CRA C. Consideration of Award and Contract for Responses for the Management of the Boynton Harbor Marina 15 Meeting Minutes Community Redevelopment Advisory Board Boynton Beach, Florida May 11, 2021 D. Approval of the FY 2021 - 2023 Boynton Harbor Marina Dockage Lease Agreement E. MLK Jr. Boulevard Corridor Commercial Redevelopment and Affordable Multi-Family Rental Apartment Project Update F. Ocean Breeze East Affordable Multi-Family Rental Apartment Project Update 18. Adjournment Mr. Karjalainen explained how the public could access the video. There being no further business, Chair Grant adjourned the meeting at 8:07 p.m. v Catherine Cherry Minutes Specialist 16 1 I, AGENCYB E AC H C R A COMMUNITY REDEVELOPMENT CRA BOARD MEETING OF: June 8, 2021 CONSENT AGENDA AGENDAITEM: 11.C. SUBJECT: Approval of Increase in the Commercial Property Improvement Grant Funding in the Amount of $11,500 for S. Solloway Acupuncture, P.A. Located in Colonial Center at 1200 S. Federal Highway, Unit 202 SUMMARY: The CRA's Commercial Property Improvement Grant Program provides eligible businesses (new or existing) with financial assistance for the initial costs associated with the construction, repair, and/or rehabilitation of commercial building improvements. The Commercial Property Improvement Grant Program 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. On September 8, 2020, the CRA Board approved a Commercial Property Improvement Grant in the amount of $13,500 to S. Solloway Acupuncture, PA based on the project quote of $22,500 for eligible expenses associated with the build-out of the medical office located in Colonial Center at 1200 S. Federal Highway, Unit 202, Boynton Beach, FL 33435 (see Attachments I - 11). The approved grant amount included a 20% contingency for additional eligible expenses that may arise during build-out. On May 27, 2021, CRA staff received an email from Dr. Solloway requesting the CRA Board's consideration to award the maximum grant funding allowed for Tier I I medical offices which is $25,000 for additional eligible expenses to meet the City's accessibility requirements. The request and new project quote of$46,182.63 have been provided as Attachment 111. If approved, the applicant is eligible to receive an additional $11,500 for a maximum grant total of $25,000 in reimbursable funds provided that the applicant expends an equal amount in matching funds as required under the terms of the grant. The grant is reimbursed to the applicant once the City of Boynton Beach Building Department approves all permit requirements and the proper reimbursement documentation is submitted to CRA staff for approval. FISCAL IMPACT: FY 201-2020 Budget Project Fund, Line Item 02-58400-444, $11,500 CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approval of the Commercial Property Improvement Grant not to exceed the maximum grant award of $11,500 to S. Solloway Acupuncture, P.A. located in Colonial Center at 1200 S. Federal Highway, Unit 202, Boynton Beach, FL 33435. ATTACHMENTS: Description D Attachment I -September 8, 2020 Agenda Cover D Attachment II - Location Map D Attachment III - May 27, 2021 Request and Back-up 1 I, AGENCYB E AC H C R A COMMUNITY REDEVELOPMENT CRA BOARD MEETING OF: September 8, 2020 CONSENT AGENDA AGENDAITEM: 10.F. SUBJECT: Approval of Commercial Property Improvement Grant Program in the Amount of $13,500 for S. Solloway Acupuncture, P.A. Located in Colonial Center at 1200 S. Federal Highway, Unit 202 SUMMARY: The CRA's Commercial Property Improvement Grant Program provides eligible businesses (new or existing) with financial assistance for the initial costs associated with the construction, repair, and/or rehabilitation of commercial building improvements. The Commercial Property Improvement Grant Program 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. CRA staff has received a complete grant application from S. Solloway Acupuncture, PA located in Colonial Center at 1200 S. Federal Highway, Unit 202, Boynton Beach, FL 33435 (see Attachments I - 111). S. Solloway Acupuncture, P.A. is the property owner for the business Solloway Acupuncture and Chiropractic Professional Association. As the property owner, the applicant falls under the terms of a Tier I I business, as outlined in the grant application. The applicant is seeking reimbursement for an interior remodel for items including new flooring, paint, plumbing and adding interior walls. The total cost of eligible property improvements of the interior build-out project is approximately$22,500 (see Attachment IV). If approved, the applicant is eligible to receive a maximum grant of $13,500 which includes a 20% contingency in reimbursable funds provided that the applicant expends an equal amount in matching funds as required under the terms of the grant. The grant is reimbursed to the applicant once the City of Boynton Beach Building Department approves all permit requirements and the proper reimbursement documentation is submitted to CRA staff for approval. FISCAL IMPACT: FY 201-2020 Budget Project Fund, Line Item 02-58400-444, $13,500 CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approval of the Commercial Property Improvement Grant not to exceed the maximum grant award of $13,500 to S. Solloway Acupuncture, P.A. located in Colonial Center at 1200 S. Federal Highway, Unit 202, Boynton Beach, FL 33435. ATTACHMENTS: Description D Attachment I -Commercial Property Improvement Grant Application D Attachment II - Location Map D Attachment III -Warranty Deed D Attachment IV - Project Budget 4, fi I ti t u. n, m. Y , t x F I , iA1 Yr I` dP F i s 3x fi t 3 .....z,. 0 W s; Ua m J 61, r w ro 011 T - LLJ I E, � I' " w r=, Lam Q U-; sr: ids ria v� X 42 71 0 r z ht z qdrn ' t', 0,0 Sp 0 �'v cry 0 ` 9 c €. I Oro « „! x�7', ` 0 Q CL F WE mn �. �' 5-27-21 S. Solloway Acupuncture, P.A. 112 South Federal Highway, #4 Boynton Beach, FL 33435 Re: Request for Additional Funds To Whom It May Concern: Please see the enclosed new project breakdown costs. Additional funds are being requested due to: (1) Previous builder was not performing the work in a timely manner at all or competently. (2) Additional work is needed to meet the ADA requirements. Thank you. Since(ly, ; Step loway, D.C., A.P. New Project Breakdown Item Cost Notes Signarama $ 399.94 Floor& Decor $ 4,564.69 Flooring Materials Knolys Johnson Inc. $ 34,518.00 General Contractor JR Enterprises, Inc. $ 6,700.00 Old Contractor- Pulled up flooring and dispose, put up two 8 ft.walls, installation of electrical exit signs Total Project Cost $ 46,182.63 50% Reimbursement Amount $ 23,091.32 Plus 20%Contingency $ 4,618.26 Grant Maximum Allowed $ 25,000.00 September 8, 2021 CRA Board $ (13,500.00) Award Additional Grant Funding R $ 11,500.00 equested siJorma Signarama Boynton Beach j� �znP: 3487 High Ridge Road PAID INVOICE Boynton Beach,FL 33426 (561)742-2823 IN INV-1601 www.signarama-boyntonbeach.com FULLUi L Payment Terms: Payment Upon Compl,�tion Created Date:11/2/2020 Bill To: DR.STEPHEN SOLLOWAY Pickup At: Signarama 1200 S.FEDERAL HIGHWAY Signarama Boynton Beach SUITE 202 3487 High Ridge Road BOYNTON BEACH, FL 33435 Boynton Beach, FL 33426 US US Ordered By: Stephen Solloway Salesperson: Paul Metzler Email: dr.s.solloway@gmail.com Email: Paul@signarama-boynton.com Work Phone: (561)752-2916 Work Phone: (561)742-2823 Cell Phone: (954)961-9066 �... Ul ME TAXABLE AMOUNT Exterior Door HDU Sign 1 $335.00 4330 CO 24"wide by 12"high HDU by 1"thick(high density urethane)sign with 112" routing for letters. Shape, color and faux grain finish to match surrounding tenants. Removal of(2)existing two signs with patch and paint(provided by tenant)to lower area where lower second sign was located. Installation of new sign. 17 7�y Directory Listing 1 $39,43 $34,4339.43 We appreciate the opportunity to serve you. Please find the invoice attached 4 here for your completed order. Taxable Amount: $3 7Subtotal: $-374-43 3 Taxes: $'_5.51 Grand Total: $3'49.�4 Amount Paid: $319 a.1 BALANCE DUE: so.o0 InvJces totaling$300 or less will require payment in full prior to production and services. Invoices in excess of$300 will require a 50°A;deposit to initiate the project/service. The remaining 50%due for projects/services in excess of$300 will be due upon delivery, installation and/or completion. If ycu require t me to process our invoices, please contact us regarding the anticipated timing to process the required 50%deposit. 1p-2rJd;f tT ori me extent of the project and associated materials, most approved projects are completed between 2 days and 2 weeks. It is important to account for this timing when ordering and processing payment. 'lease r:ate that we also offer Signancing,our exclusive 5ignarama Financing program,to help you with your purchase. Visit: https://signarama.com/locations/fl-boynton-beach/signancing/to learn more. FLOORV84 DECOR Customer. Solloway,Steve Shipping Address Quote ID: MO13300069639 Customer No.133108718 1200 S FEDERAL HWY STE 202 (954}961-9066 BOYNTO N BEACH,FL 33435 Created: May 12,2421 1247 PM d r s.so l to w ay lq)gm a 1I.co m Shipping Type:LOCAL Associate: Michael Elmer Store: 133 Boynton Beach 1974 High Ridge Road Boynton Beach,FL 33426 Tel: (561)509-2020 4 1` ' ygay 6AJ 't Spalted Maple Rlgid CoreLJxur 61 ea $57.23/ea $3491.03 SKU: 100109743 61b SIZE: 6.5mm UPC: 5420053153976 1111111111111111111111111111111 -7 PRODUCT NOTES: No additional notes for this product. Shipping Color 538OF 3/81n.Vinyl Overl 2ea $'32.99/ea $65.98 SKU: 100891498 SIZE: 94in. + UPC: 888369230814 11111 I L I I IIIII 11111111111111 PRODUCT NOTES: No additional nates for this product. Shipping Calor 538OF 1/41n.Vinyl T Mol 1 Be $32.99/ea $32.99 SKU: 100891175 SIZE: 94in, UPC: 888369230494 1111111111111111111111111111111 PRODUCT NOTES: No additional notes for this product. Shipping Sentinel Protect Plus Underlay 11 ea $49.99/ea $549.89 SKU: 100593631 SIZE: 100sgft. UPC: 888369180652 11111111111 III 11111111111 III PRODUCT NOTES: No additional notes for this product. Shipping NOTES: AREA SUB-TOTAL $4139.89 No additional notes for this area. Terms and Conditions SUB TOTAL $4139.89 This Quote is provided only forthe purpose of estimating Customer's prospective purchase and is based off information currently provided SHIPPING $135 by Customer.Nothing contained in the Quote shall commit 8d?to sell the products or quantities listed.All prices or shipping and handling charges are subject to change.Shipping and handling price EST.TAXES $289.60 expires 48 hours afterquote creation. E2 , Date 6151113/2021 lime 12153 PM �rorage Huy order SB0133075934-x0734 Store 133 Register 7 Associate 0-1206 Michael NCR WH 6.5 :iPA.L.1 ED MAPLE CH i 100109743 61 p 5 1.23 J 41)'1 .0.3 Tax Override FLWEB ColorS3801` RL1 VINYL 94in. I 100091498 2 t7 32.99 b'- ,9b Tax override - FLWEB Dolor 5380E IM VINYL 941n, T 100891175 1 d 32,99 32.99 Tax Over,'ide - FLWEB Sf3nt irrel Prutec,t Plus 100sofi T 1iJ0593631 11 9 49.99 049,89 Tax Drerride - F1,68 Local Delivery 900000016 1 W 135,00 135.00 Tax b'verr me F1-FIEB Sales Tax 189.80 Staiage Huy Amtiunt: 4,564.69 # of Units 76 Customer Steve Solloway Customer Ia 133108718 Pickup bate: Authorized Pickup PersUrrls ; ALL. PRO *",B013307593470734* Hoot Decor is piedbed to offer 14 dayo of free atorage from the date 43f j)[1( i&,e, By electing to store your merchamlise dt Floor & Deror, you agree to all �ito;dcje and piL;kup ter-nf5 anr! CundiLiuns, which are avail'ilde at cum /t�olioies/starageandpici'+t�.htial for all stuidge dnd pickup terms and Currditi:JrJs. Custumer electing to pick up merc'nandi ;e foam d% Floor 8 becor Int;ation are rasponsible for providing a safe and adequate vehicle for trarrt,uktation. "US10Mff,' ASSUMES FULL RESPONSIB ITY FOR 1_01AOING AND/OR TRANS[ OF M04,HANOISE AND RFt FAKES FLOOR & iiFCOi� FROM ANY i.IA611.11Y, DAMAGES OR CU IMS ARISING OUI OF CUSTOMER'S PICK UP ANi)/t1R TRANSPOR1A116N OF MERCHANDISE. ]HANK POLI FOR -"JHOPFING FLOOR & DECOR 9!A A L ii KNOLYS JOHNSON INC. 639 NE Sth Ave Boynton Beach. FL 33435 1561-860-25041 :,- License 561-560-2504] -License Number: CBC 1251409 May 7th 2021 Attention: Dr. Solloway 1200 S Federal Hwy, Suite 202, Boynton Beach FL 33435 Knolys Johnsen Inc proposes to fiirnish material, labor, and insurances in accordance with the following: Demo: 1. Demo ot'existing bathroom walls. Keep South and West wall 2. Remove shower chase wall, cap plumbing and electrical ` 3. Remove existing water heater Framing& Drywall: 1. Reframe walls as specified in the building plans - 2. Reframe existing bathroom as specified in the building plans ' 3. Install insulation, drywall, and finish tape 5r 4. Refi-arne acoustical grid ceilings as 5. Install new acoustical ceiling tile Plumbing: 1. Remove and dispose toilet, Lay. Install Temp cap. 2. Install backing for (land rail in existing drywall frame 3. Return to supply and install new pipe and fittings to tie into existing sanitary and cold water piping in bathroom to relocate lav to new location in same bathroom 4. Stub out new PVC sanitary waste arm and ', copper cold water line 5. Supply and install new wood backing for wall-hung lav '`>p 6. Return to supply and install new ADA white toilet in existing location 7. Install wall hung ADA lav with single lever faucet and tankless heater for lay. Tankless heater will be installed under lav, exposed on wall Fixtures provided: • Tankless (SP-C`E:'465205) ..use - :3 • Toilet(PF1403) • Lav (PF5414 with PFWSCA4744) Faucet Electrical: 1. Install Interior outlets, run wire to new outlet location A-5 2. Install Bathroom GFCI,add outlets to location A-3 3. Run dedicated line for Insta-hot 4. Install 4 gang switch bank to waiting area, 1 Existing office 5. Install new 3 way switches 6. Demolition as per note 32. Clean up ceiling and abandoned wiring. Remove off site g!: 7. Label Junction Boxes and outlets per plan note 35 8. Add outlet in new waiting area 9. Install emergency lighting b� 10. Remove and relocation lighting in Grid 11. install new light in grid �4 12. Install new occupancy sensor switches, wall mounted with switch location 13. Add breakers for added circuits 14. Fix neutral wires as specified per building plans 15. Relamp office light fixtures 16. Swap out old to new devices and plates. Tape up behind devices. 17. Reconnect electrical wires after demo II 2 e, ra1��i �a fit: Note: This proposal covers solely the above-specified scope. Any additions or here seyr: Unspecified alterations should be considered separate. The price includes commercial Liability _54,;6.. insurance, Workers Compensation Insurance. Payroll and associated taxes and fees for all employees on site. �t Note: All work will be completed as specified in the building plans completed by Steven E. ' Mott, Architect. Project No. 21.027)WT x' � y ( .. : Total Cost: $34,518.00 Payment Schedule: 35% Mobilization &65%o Progress Payments. Net 10 days V _ .r' Exclusions: This proposal does not include painting, floor tile, doors, and door fixtures. Acceptance of Proposal: The above prices, specifications, and conditions are satisfactory and are 41L', hereby accepted you are authorized to do work as specified. Payment will be made as outlined e ` above. Terms and Conditions: �¢ r •: The Owner or Gcncral Manager agrees to pay the contractor for the complete and correct performance as proposed. , Date of Acceptance: _ ter- a�y Print Name/Title: Signature: 3 s ,.:sem •� } JOFIN RONZINO ENTERPRISES, INC.; 1234 N Pale=a!Hwy irSuJ; Boca Paton.f 1 33n:k F 4 1, Cell. 9.54-968-11611 Office/Fax: 554.341-0197; C-we'rpr15(1S. €r1C Email: ;ohnsrfa)lrenterpricesfl,co-�,i i i ESTIMATE PROPOSAL i DATE: - NAME: ADDRESS', _ 00 -5 GvCA HON E', M AI L: I IWe heerby propose to furnish the materials and perform the labor necessary for the completlon of , I f� semA �,e _.�2_�'�.�. —��.�_.��J.. ��'`�.,�.• _��;C'W' ���1� __..,rte_..'._ _ _f e r X4— 11�3 C d -49 V6i ` JOHN RONZINO ENTERPRISES,INC. 2234 N Federal Hwy#S01 Boca Raton,Ft.334 3 7-� - i f'� CeA. 954 86R-31&3 Office/rax. 954-341.0190 tt, i�ltl�i�]F'tSt'E,. ST1C.'. EmaiE; jphnsr��jrenterprisesfl.crsrnif t ESTIMATE PROPOSAL rcTF.sf ADDRESS: s�l W I .] A t We heerby propose to furnish the materials and perform the labor necessary For the completion of i t —.._,....._.._V------- ... 000, lO 00 ac3 E 3 � Y7 /-0 { 1 3 a p o l 1 'J�� ! ?020 IMG-31751.1Pg dv r � ::l �..=rrf °S•,r. � � ,'-.„ � a�r=n ,s-..:+ a` .+ -- k --r ty�, � „. xr i� € :iutifa fi t +J'fb ���i'. ,�x4 ,tn3a �.�r r ^r-,..;� t,� -L. aSrs �a}SIS ...`•3 s � a.., t. a� I �q -. c 'L _.',n 2�:'vt, SF��,, '`�„•. " -s r���rya'�",-_ r t .4'.;u i .; t �'��U �'��'��� � ��fr�''� f;.� ,�� �� �" liy(� -r r•�..s,r� M+ �' eta lr�s,;i. �✓ �s � ,-�� ,�ktikf i'r�S" r �.-fir i #"2U�2* s�k� t}).x S � �y �, r-�.j$ � t .�,n��i +���,: t S4 � -", ��3 tha ✓ -_�frs``Y�5§ -iE'k a sa ^ � s �-S" - �,< t� ,ori q urglr co n/niai1='u/G!stab=wm&ogblt n box/KtbxL rjN d(;zhBoTJCngtwXjgq QpVhpKMg?projector=1&messageParticd4.1 1 I, AGENCYB E AC H C R A COMMUNITY REDEVELOPMENT CRA BOARD MEETING OF: June 8, 2021 CONSENT AGENDA AGENDAITEM: 11.11). SUBJECT: Approval of Commercial Rent Reimbursement Grant Program in the Amount of $6,900 for Shade Tree Music Studio LLC located at 410 W. Industrial Avenue, Unit 1 SUMMARY: The CRA's Commercial Rent Reimbursement Grant Program provides qualified new or expanding businesses located within the CRA District boundaries with rent payment assistance for a maximum period of 12 months. CRA staff has received a complete grant application from Shade Tree Music Studio, LLC located a 410. W. Industrial Avenue, Unit 1, Boynton Beach, FL 33435 (see Attachments I - II). Shade Tree Music Studio's mission is to provide professional and amateur musicians in the Boynton Beach Arts District and beyond with an encouraging place to create, record, rehearse, and be educated through a diverse and well-rounded music platform. As an arts studio, Shade Tree Music Studio hopes to employ approximately seven employees ranging from full-time and part-time positions for sound engineers, musical teachers, and sound/audio technician. Under the terms of their Landlord-Tenant Lease Agreement, the base rent required to be paid by the applicant is $1,150 per month (see Attachment I11). Shade Tree Music Studio qualifies as a Tier I I business (as specified in the grant application) and would receive reimbursement for one- half of their monthly rent amount or maximum grant amount of $1,250 per month for a 12 month period, whichever is less. If approved, Shade Tree Music Studio, LLC, would be reimbursed in the amount of $575/month for a period of 12 months or a total grant amount of $6,900 during its first year of business. Grant reimbursements to the approved applicant occur on a monthly basis with proof of rent payments. FISCAL IMPACT: FY2020-2021 Budget, Project Fund, Line Item 02-58400-444, $6,900 CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approval of the Commercial Rent Reimbursement Grant in the amount not to exceed $6,900 to Shade Tree Music Studio, LLC located at 410 E. Industrial Avenue, Unit 1. ATTACHMENTS: Description D Attachment I -Commercial Rent Reimbursement Grant Application D Attachment II - Location Map D Attachment III - Lease ABOYNTO " Ty to a l�f N B EAC IC OW RA COMM U October 1, 2020 — September 30, 2021 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY COMMERCIAL RENT REIMBURSEMENT GRANT PROGRAM Program Rules and Regulations The Commercial Rent Reimbursement Grant Program is designed to help facilitate the establishment of new businesses and aid in the expansion of existing businesses within the Boynton Beach Community Redevelopment Agency (the "BBCRA") Area. The program is designed to provide financial assistance to new and existing businesses in the form of rent reimbursement intended to help businesses during the critical first year of operation. The BBCRA reserves the right to approve or deny any Commercial Rent Reimbursement Grant Program application and to deny payment at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives established for redevelopment of the BBCRA Area. The receipt of past payments is not a guarantee of future payments. For purposes of this application, the term "new business" means a company in operation for less than one year or relocating to Boynton Beach. The term"existing business" means a company that has been in operation within the BBCRA Area for a minimum of two years at the time of application and has at least two years remaining on its existing lease. The Boynton Beach BBCRA is a public agency and is governed by the "Florida Public Records Law" under Florida State Statutes, Chapter 119. Any documents provided by the Applicant(s) may be produced by the BBCRA upon receipt of a public records request, subject to any exemptions provided by Florida Law. Initials Page 1 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com Incentive Funding The Commercial Rent Reimbursement Grant Program offers financial assistance through a reimbursable grant in the form of a monthly rent reimbursement for the first 12 months of business with the option to request an additional 6 months of reimbursement, which may be granted at the discretion of the Board. New businesses are eligible to apply for assistance for up to one year from the issuance of the City of Boynton Beach Business Tax Receipt. Rent Reimbursements will not be paid until all construction has ended, permits are closed out, City and County licenses are obtained, and the business is open for operation under a Temporary Certificate of Occupancy (TCO) or a Certificate of Occupancy (CO). For businesses that do not require any construction work, rent reimbursements will not be paid until City and County licenses are obtained and the business is open for operation. On a monthly basis, the BBCRA will issue reimbursement directly to the applicant. Reimbursement is for the monthly rent payment made to the landlord, and is dependent upon receipt of verification that the payment has been cleared by the bank. The responsibility for all rental payments is between the parties to the lease, (the tenant and the landlord). As grantor, the BBCRA does not bear or accept any responsibility for payment of rent at any time, or for penalties incurred for the late arrival of payments by any party. Applicants are also encouraged to connect with CareerSource Palm Beach County which is a State organization providing various free programs to assist Palm Beach County businesses. CareerSource Palm Beach County has a dedicated team of career counselors, business coaches and training providers to help area businesses stay competitive through training grants and talent acquisitions and also provide assistance in posting available jobs, recruiting and hiring, and training opportunities. For more information regarding CareerSource Palm Beach County visit their website at careersourcepbc.com. Initials. Page 2 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding: • Applicant must be a new business, or an existing business that is expanding in size. • Applicant must be the business entity (or d/b/a) named and the principal owners named on the corporation documents, and must be the landlord or business owner of the company occupying the property to be improved. • Must be located within the BBCRA Area (see attached map). • Must provide proof that the business is properly licensed by all necessary levels of government and professional associations or agencies (copies of city and county licenses or receipts that the licenses have been applied for). • Non-profit and residentially zoned properties are NOT eligible. • An existing business must expand to occupy more than 50% of its current square footage size or open a second location within the BBCRA Area. Verification of this threshold must be provided in the application package. Exceptions to this rule may be made at the discretion of the BBCRA Board if the tenant is losing their current space due to redevelopment of the site. • The Applicant's Experian consumer credit report must reflect an acceptable level of financial stability, as determined in the sole discretion of the BBCRA Applicants must have an Experian credit score of 601 or higher and have no listed history of bankruptcy to be eligible. If there is more than one business owner, the majority of the business owners must have credit scores of 601 or higher to be eligible. • Applicant must have an executed multi-year lease with at least two years remaining on the lease. • Proposed leases must be executed within 30 days of BBCRA Board approval or the grant award is terminated. • The Commercial Rent Reimbursement Grant Program may only be used one time by any one specific business entity or business owner. • Grantees shall allow the BBCRA the rights and use of photos and project application materials. Initials Page 3 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com • The BBCRA Board may give preference to local businesses. For purposes of this grant, local business means a duly licensed business entity with an office location in Palm Beach County. Ineligible Businesses The following businesses are considered ineligible for assistance under the Commercial Rent Reimbursement Grant Program: • Firearm Sales/Shooting Range • Convenience Store • Religion-Affiliated Retail Stores • Churches/places of worship • Non-profit organizations • Take-out Foods • Check Cashing Stores • Tattoo Shops / Body Piercing / • Kava Tea Bars Body Art Shops • Adult Entertainment • Liquor Stores • Adult Arcades • Vapor Cigarette, E Cigarette Stores • Alcohol and/or Drug Rehabilitation • Pawn Shops Centers/Housing • Any other use that the BBCRA staff • Massage/Personal Services or BBCRA Board determine will not • Auto Services Facilities — repair, support the redevelopment of the storage, sales, etc BBCRA Area • CBD Retail Stores, etc. • Medical Research Centers/Housing Grant Terms and Conditions This grant is divided into two tiers of eligibility. Businesses are classified into tiers based on the type of business, which then determines the amount of eligible funding. Grant funding amounts will be based on the applicant's project budget specified at the time of BBCRA Board approval. Tier One Business Tier One Businesses are eligible for reimbursement for up to half(50%) of the business's base monthly rent or$1,750 per month, whichever is less (maximum amount of the grant is $21,000, distributed in four monthly payments). Initials Page 4 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com Tier One Businesses must be one of the following types of businesses: • Restaurant • Bakery • Gourmet Food Market Tier Two Business Tier Two Businesses are eligible for reimbursement for up to half(50%) of the business's base monthly rent or$1,250 per month, whichever is less (maximum amount of the grant is $15,000, distributed in four monthly payments. Examples of Tier Two Businesses include, but are not limited to, the following types of businesses: • Home Decor/Design — home • Clothing Boutique — clothing, furnishings, art galleries, kitchen shoes & accessories wares • Law Offices • Accounting Offices • Hair/Nail Salons (no more than 2 • Real Estate Offices approvals per fiscal year) • Marketing Offices • Medical Offices • Fitness Centers • Insurance Offices • Specialty Businesses — stationary, • Florists (no more than 2 approvals gifts, sporting goods per fiscal year) Lease Terms If the applicant is a tenant, it must have a proposed or executed multi-year lease with a minimum of two years remaining on the lease. The commercial lease must define the landlord-tenant relationship and at minimum provide the following information: • A description of the space being rented, including square footage and a drawing of the space; • Description of utilities that are the tenant's responsibility; • Rental rate and deposits along with terms of lease and methodology for future rent increases; • Responsible party for interior and exterior repairs and/or improvements; • Insurance requirements; Initials Page 5of15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com • Ability to terminate; and • Consequences of default on the lease. For purposes of this paragraph, the term "subject property" means the leased premises of the grant recipient, for which the applicant or grant recipient is seeking rental reimbursement, or any part thereof. Grant recipients are prohibited from subletting the subject property. If a grant recipient sublets the property, the grant recipient will be required to repay the BBCRA for all grant money received up to that point and will not be eligible to receive any further grant funding. For purposes of this grant, the BBCRA considers the following to be subletting: A) executing a sublease, assignment, or similar agreement with an entity that is not the grant recipient; B) allowing the subject property to be occupied by any business entity in which the grant recipient is not listed as the registered agent, owner, officer or director of said business, or assisting such a business in so doing; C) allowing or assisting a business entity other than the grant recipient to list its place of business as the subject property; or D) allowing or assisting a business entity other than the grant recipient to obtain a business tax license from the City of Boynton Beach for the subject property. The fact that a business entity other than the grant recipient occupies the subject property, lists its place of business as the subject property, obtains a business tax license for the subject property, or similarly appears to use the subject property is sufficient evidence that the grant recipient has allowed or assisted such other business entity to do so and is grounds for termination of any further grant payments and seeking reimbursement for previously paid grant payments. However, it shall not be considered a prohibited subleasing when the business purpose of the applicant is to provide a space for aspiring businesses, such as when the applicant is a business incubator, commissary kitchen, or business that provides co-op workspace. The BBCRA will determine whether a certain applicant fits into the exception described in this paragraph on a case-by-case basis. Application Process Applications can be obtained from the BBCRA office located at 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 or downloaded from www.boyntonbeachcra.com. All applicants are required to meet with BBCRA staff in order to determine eligibility before InitialskAtM Page 6 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435-Phone: (561)600-9090 www.boyntonbeachcra.com submitting an application. Applications will not be considered until all required documentation is submitted to the BBCRA office. Application to this grant program is not a guarantee of funding. Funding is at the sole discretion of the BBCRA Board. Applicants must submit an original, "hard copy" application with all materials to the BBCRA for review and approval by the BBCRA Board. Applicants will be considered on a first-come, first served basis. Application packets must include the following documentation: 1. A non-refundable fee of$100,which will be used to obtain a consumer credit report on the business and principal/owners of business. Make check payable to: Boynton Beach CRA. 2. Resume for each principal/owner of the business. 3. Copy of the corporate documents for the applying business entity. 4. Copy of City and County Business Licenses (Business Tax Receipt). 5. Copy of executed multi-year commercial lease agreement. 6. Two years of corporate tax returns (for existing businesses only). 7. Two years of personal tax returns for the principal/owners of a new business. 8. List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. 9. If applicant is an existing business expanding to occupy more than 50% of its current square footage size, verification of this threshold must be provided in the application package. Exceptions to this rule may be made at the discretion of the BBCRA Board if the tenant is losing their current space due to redevelopment of the site. 10.Completed and signed application (attached). 11.Authorization to perform credit check for the business and each principal/owner of the business (attached). 12.W9 Form and Vendor Application (attached). Approval of Funding Request All required application documentation must be submitted no later than noon two weeks prior to the second Tuesday of the month. BBCRA staff will review the application to InitialV Page 7of15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com evaluate whether the applicant is eligible for reimbursement. If it meets these requirements, BBCRA staff will present the funding request to the BBCRA Board for review and potential approval. In order to request the 6-month extension, the applicant must submit a presentation at the completion of the 12 months of rent reimbursement, outlining how their first year went and requesting the additional 6 months of rent reimbursement. The presentation must be submitted no later than noon two weeks plijor to the second Tuesda of the month The BBCRA Board meets on the second Tuesday of each month. The schedule for BBCRA Board meetings can be obtained at www.boyntonbeachcra.com. Applicants will be notified of the date and time that their applications will be considered by the BBCRA Board. The BBCRA recommends that applicants attend the BBCRA Board meeting during which the Board will consider their applications in order to answer any questions the BBCRA Board may have regarding their applications. BBCRA staff will notify the applicant of the BBCRA Board's approval or denial in writing. Site Visits BBCRA may conduct a site visit prior to transmitting the application to the BBCRA Board and once the project is completed. Staff may also conduct unannounced site visits before, during and after the project in order to determine and ensure compliance with the terms of the grant. Procedures for Reimbursement Monthly rent reimbursement payments will be provided to the grant recipient beginning the first month the business is open for operation subsequent to BBCRA Board approval. A maximum of 12 consecutive monthly rent payments are eligible to be reimbursed to the approved applicant, with the option to request an additional 6 months. Reimbursement will occur on a monthly basis. Following the initial Reimbursement Request, each reimbursement request shall be made within 30 days of the start of the next month. Initials MIA Page 8 of 15 Rent Reimbursement 100 East Ocean Avenue,4`h Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com In order to receive monthly rent reimbursement the grant applicant must submit the following: 1. Written request for reimbursement. 2. Proof of rent payments (i.e., copies of the front and back of cancelled checks for that month's reimbursement or proof of direct deposit). If applicant does not submit its monthly reimbursement request within 30 days following the end of the next month in which applicant is reguestinc_ reimburse_ment,_ appilc. nt forfeits that month's reimbursement. Discontinuation of Payment The receipt of past payments does not guarantee future payments. The BBCRA retains the right to discontinue rent reimbursement payments at any time at its sole and absolute discretion. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING' It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program'sRules/Requirements and Application. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the property. Nor shall issuance of a grant result in any obligation on the part of the BBCRA to any third party. The BBCRA is not required to verify that entities that have contracted with the applicant or applicant's landlord have been paid in full, or that such entities have paid any subcontractors in full. Applicant's submittal of verification that monthly rental payments have been cleared by the bank warranty is sufficient assurance for the BBCRA to award grant funding. Initial i Page 9 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com BOYNTO 900=9BEAC RA REDEVELOPMENT G N APPLICANT INFORMATION BUSINESS INFORMATION: Business Name (d/b/a if applicable): us Current Business Address: 0 A� c k P-`- . 3S447-4, Fed I D#: Business Phone Number:(5 —7 1742 Fax: Website: Existing Business: Yes No ✓ Number of years in existence: Time at Current Location: New Business to Boynton Beach: Yes No Do you have an executed lease agreement: Yes ✓ No If so, monthly base rent: �o New Business Address: /I a `� ) Square footage of current location: Square footage of new location: Type of Business: y k o Ir Number of Employees: `7 Hours of Operation: Page 10 of 15 Rent Reimbursement 100 East Ocean Avenue,41h Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com sa BOYNTO }µ � B EAC 1,CIRA, COMMUNRY REDEVELOPMENT AG APPLICANT INFORMATION PRINCIPAL/OWNER INFORMATION: (If more than 4 principals/owners additional sheets may ibe used) 1. Principal/Owner Name: _�AtLL'� �1 � Date of Birth: Z Email Kk cL^!5 dec o M S fVOL i . Low Residential Address: ' o l�l,�.� dr. ,•11 1 :c jA Flr 33,q-&!r- Cell SCell Phone Number: 4 1,) 2. Principal/Owner Name: Date of Birth: Email Residential Address: Cell Phone Number ...._.m.......®..............m.......®.. 3. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 4. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: Page 11 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com i am`.rz ht ras z a BOYNT0 BEAC C,RA COMMUNffY REDEVELOPMENT AGENCY APPLICANT INFORMATION Are you applying for grant assistant under any other program offered by the BBCRA?pl Yes '✓ No If yes, what additional programs are you applying for: w, Are you receiving grant assistance under any other governmental agencies: Yes_ No If yes, list any additional grant sources and amounts: LANDLORD INFORMATION: a Landlord Name: Landlord's Mailing Address: L N m Landlord's Phone Number: CERTIFICATION AND WAIVER OF PRIVACY: For purposes of this certification and waiver of privacy, the term "I" refers to the applicant and to all signatories below individually. By signing below, each signatory represents and confirms that he or she is authorized to sign on behalf of the applicant(s). I, the undersigned applicant(s), certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Rent Reimbursement Grant Program, and it is true and complete to the best of my knowledge and belief. I further certify that I am aware of the fact that I can be penalized by fine and/or imprisonment for making false statements or presenting false information. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Beach Page 12 of 15 Rent Reimbursement 100 East Ocean Avenue,4" Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com Al }k BOYN `Iif - S`y ., �4 W V ON B E RA APPLICANT INFORMATION Community Redevelopment Agency Commercial Rent Reimbursement Grant Program Rules and Requirements. I understand that this application is not a guarantee of grant assistance, and that award of grants is at the sole discretion of the Boynton Beach Community Redevelopment Agency Board. I understand that the purpose of the grant is to further the Boynton Beach Community Redevelopment Plan, and that the Boynton Beach Community Redevelopment Agency may decline my application for any legal reason, including the reason that granting the award will not further the Community Redevelopment Plan. Should my application be approved, I understand that the Boynton Beach Community Redevelopment Agency may, at its sole discretion, discontinue grant payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer furthering the Boynton Beach Community Redevelopment Plan. To the maximum extent possible, I hereby waive my rights to privacy and confidentiality for all matters contained in my application, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employers or other public or private agency to disclose information deemed necessary to complete this application. I specifically authorize the Boynton Beach Community Redevelopment Agency to run a credit report as part of this application, and understand that information in my credit report, including a record of bankruptcy, may disqualify me from obtaining grant funding. I give permission to the Boynton Beach Community Redevelopment Agency or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application are found to be incomplete, it will be not processed. Page 13 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com .4 4.3'='t8.. ty BOYN BEACH ',I�C, mmom '0 . RA COMMUNffY REDEVELOPMENTAGENCY APPLICANT INFORMATION APPLICANT SIGNATURES: he l Principal/Owner's Signature Date _ c v�+a e'( l�tc�C l ems"r Printed Name Title 2. Principal/Owner's Signature Date Printed Name Title 3. Principal/Owner's Signature Date Printed Name Title 4. Principal/Owner's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually STATE OF l rt COUNTY OF c rE L It BEFORE ME,an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared who is/are personally known oto me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the S to and County aforesaid on this dWACM State of Fitrid -hots P I' Commission N GG It877 My Comm.Expires 12-25-2 ooMed Ttuau�h ®R}gay /miss 7 Expires: Amricrn A9�o¢ieYion`f-Ai tar Page 14 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com B TO OYN N' BEACHICRA COMMUNffY REDEVELOPMENT AGENCY LANLORD INFORMATION LANDLORD SIGNATUR r,.-- Land ur Date r A)r7lUX 2n x-C-exb Printed T ame Title 2. Landlord's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures-Multiple notary pages may be used if signing individually STATE OF COUNTYOF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared AA ng r�, 'z who is/are personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this 202- State of FiorideJ NotaryT ubh ,= Commission#GG 168 6 r 9- MY Comm.Expirgs 12-25.2 wvd�� "+ais*s 80ndad TA"gh O PU Amefican As$Q -460n 61t!iotrrias My ommission Expires: Page 15 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com 5/5/2021 PAPA Maps DOROTHYJACKS - -= --•CFA,AAS 5 Palm Bach Co tyP p rty Appraiser A}giFrfiiL } ir RTr ae44 4; ,.ho"''? 1 , yak e uc Search by Owner,Address or Parcel ,his i , OQ ; ,.t J ,- c View Property Record NNf-lth Ave r JTA Owners t T 1 MKBcoRP ......... ........................................... 1"i1 11Y,' � e = i i� Ilii{� �,�a t,�F� �4 Property Detail p Y Loxcaoiorl 402 W INDUSTRIAL AVEi`- �[ I - Muii BOYNTON BEACH a..ce..No. 084 345 201 70000 360 BOYNTON INDUSTRIAL PARK Book 02656 Page 0596 r tr f s\ 99 t Sale Date'.JAN 1977 5160 LAKE OSBORNE DRliol - d e,,,� LAKE WORTH FL 33461 6050 Jse y pe.4800-WAREH/DIST TERMotal S r, 7037 u� ' e= e e �> Sales Information �� a�� lii ;�'��° ii, =_ sndustrtalAue Sales Date Price [,,; •i[ lJ iii JAN-1977 14500 JAN 1973 9500 { - - SKIM oynt Appraisdl5on'BeachBlvdi` °_ NfBoyntan' �aeh: lyd Tax Year 2020 :MP ,e.._e.rl"V'a.:ue=. $314,783 - .. Value $225,42311 .()�ai Market Value=. $540,206:,', All values are as of January 1 st ;,,i -_= each year < NW 'lst•Ae - w7 Assessed/Taxable values I, Tax Year 2020 1'J. d .,i _ - - ><• is A^sessed ,ta.lue=. $540,206 1 -xerorootiorl Amount axabl r e Value $540,206.,n - m „ 'ot�,, v• u, for v• yr rn• yr v• 4iV c>]cean-Aue ca a , { s Taxes in Tax Year 2020 �� � — Ad . .e.M $11,559Ii' - Norl Ad Valorem $1,759 https://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434520000000082 1/1 COMMERCIAL LEASE AGREEMENT THIS LEASE (this "Lease") dated this 27th day of April,2021 Location: shared warehouse studio space at 410 West Industrial Ave,Unit 1,Boynton Beach,F133426. BETWEEN: Florida Arts Association of 811 Belvedere Road,West Palm Beach,FL 33405 Telephone: (786) 521-1199 Fax: (the "Landlord") OF THE FIRST PART -AND - -Michael McCleary of_Shade Tree Music Studio,LLC_,_2600 Lake Drive N.,Boynton Beach,Florida Telephone: 561-271-1776_ (the "Tenant") OF THE SECOND PART IN CONSIDERATION OF the Landlord leasing certain premises to the Tenant,the Tenant leasing those premises from the Landlord and the mutual benefits and obligations set forth in this Lease,the receipt and sufficiency of which consideration is hereby acknowledged,the Parties to this Lease (the "Parties") agree as follows: Basic Terms 1. The following basic terms are hereby approved by the Parties and each reference in this Lease to any of the basic terms will be construed to include the provisions set forth below as well as all of the additional terms and conditions of the applicable sections of this Lease where such basic terms are more fully set forth: a. Landlord: Florida Arts Association , 501 C 3 b. Address of Florida Arts Association: 811 Belvedere Road,West Palm Beach,FL 33405 c. Tenant: Shade Tree Music Studio,LLC Address of : _2600 Lake Drive N.,Boynton Beach,Florida d. Term of Lease: Ends on April 30, 2024/ annual renewal. e. Commencement Date of Lease:April 27, 2021 f. Base Rent: * $1150.00,payable per month on the 1st day of the month. ( *increment rate $50 annual increase beginning April 30, 2022 ) g. Permitted Use of Premises: Art studio,Art Creation,hobby craft,non- retail use. h. Advance rent: First and Last Month i. Security/Damage Deposit: $1150 j. Definitions 2. When used in this Lease,the following expressions will have the meanings indicated: a. "Additional Rent" means all amounts payable by the Tenant under this Lease except Base Rent,whether or not specifically designated as Additional Rent elsewhere in this Lease; b. "Building" means all buildings,improvements,equipment, fixtures, property and facilities from time to time located at shared warehouse studio space at 406 West Industrial Ave,Unit 1,Boynton Beach,F133426. c. , as from time to time altered,expanded or reduced by the Landlord in its sole discretion; d. "Common Areas and Facilities" mean: i. those portions of the Building areas,buildings,improvements, facilities,utilities,equipment and installations in or forming part of the Building which from time to time are not designated or intended by the Landlord to be leased to tenants of the Building including,without limitation,exterior weather walls,roofs, entrances and exits,parking areas,driveways,loading docks and area, storage,mechanical and electrical rooms, areas above and below leasable premises and not included within leasable premises, security and alarm equipment,grassed and landscaped areas, retaining walls and maintenance,cleaning and operating equipment serving the Building; and ii. those lands, areas,buildings,improvements,facilities,utilities, equipment and installations which serve or are for the useful benefit of the Building,the tenants of the Building or the Landlord and those having business with them,whether or not located within, adjacent to or near the Building and which are designated from time to time by the Landlord as part of the Common Areas and Facilities; e. "Leasable Area" means with respect to any rentable premises,the area expressed in square feet of all floor space including floor space of mezzanines,if any,determined,calculated and certified by the Landlord and measured from the exterior face of all exterior walls,doors and windows,including walls,doors and windows separating the rentable premises from enclosed Common Areas and Facilities,if any, and from the center line of all interior walls separating the rentable premises from adjoining rentable premises. There will be no deduction or exclusion for any space occupied by or used for columns,ducts or other structural elements; f. "Premises" means the shared warehouse studio space at 410 West Industrial Ave,Unit 1,Boynton Beach,F133426. g. "Proportionate Share" means a fraction,the numerator of which is the Leasable Area of the Premises and the denominator of which is the aggregate of the Leasable Area of all rentable premises in the Building. Leased Premises 3. The Landlord agrees to rent to the Tenant the Premises for only the permitted use (the "Permitted Use") of:Art studio,Art Creation,hobby craft,non-retail use.Neither the Premises nor any part of the Premises will be used at any time during the term of this Lease by Tenant for any purpose other than the Permitted Use. 4. No pets or animals are allowed to be kept in or about the Premises or in any common areas in the building containing the Premises. Upon thirty (30) days notice,the Landlord may revoke any consent previously given under this clause. 5. Subject to the provisions of this Lease,the Tenant is entitled to the non-exclusive use of the following 1 parking space on or about the Premises: 1 assigned parking space per unit will be available. (the "Parking"). Only properly insured motor vehicles may be parked in the Tenant's space. 6. The Landlord reserves the right in its reasonable discretion to alter,reconstruct, expand,withdraw from or add to the Building from time to time. In the exercise of those rights,the Landlord undertakes to use reasonable efforts to minimize any interference with the visibility of the Premises and to use reasonable efforts to ensure that direct entrance to and exit from the Premises is maintained. 7. The Landlord reserves the right for itself and for all persons authorized by it,to erect,use and maintain wiring,mains,pipes and conduits and other means of distributing services in and through the Premises, and at all reasonable times to enter upon the Premises for the purpose of installation,maintenance or repair, and such entry will not be an interference with the Tenant's possession under this Lease. 8. The Landlord reserves the right,when necessary by reason of accident or in order to make repairs, alterations or improvements relating to the Premises or to other portions of the Building to cause temporary obstruction to the Common Areas and Facilities as reasonably necessary and to interrupt or suspend the supply of electricity,water and other services to the Premises until the repairs, alterations or improvements have been completed.There will be no abatement in rent because of such obstruction,interruption or suspension provided that the repairs, alterations or improvements are made expeditiously as is reasonably possible. 9. Subject to this Lease,the Tenant and its employees,customers and invitees will have the non-exclusive right to use for their proper and intended purposes,during business hours in common with all others entitled thereto those parts of the Common Areas and Facilities from time to time permitted by the Landlord. The Common Areas and Facilities and the Building will at all times be subject to the exclusive control and management of the Landlord. The Landlord will operate and maintain the Common Areas and Facilities and the Building in such manner as the Landlord determines from time to time. Term 10. The term of the Lease commences at 12:00 noon on April 27, 2021 and ends at 12:00 noon on April 30, 2024. 11. Notwithstanding that the term of this Lease commences on April 27, 2021,the Tenant is entitled to possession of the Premises at 12:00 noon on April 27, 2021. 12. Should the Tenant remain in possession of the Premises with the consent of the Landlord after the natural expiration of this Lease, a new tenancy from month to month will be created between the Landlord and the Tenant which will be subject to all the terms and conditions of this Lease but will be terminable upon either party giving one month's notice to the other party. Rent 13. Subject to the provisions of this Lease,the Tenant will pay a base rent of $1150.00,payable per month,for the Premises (the "Base Rent"). 14. The Tenant will pay the Base Rent on or before the First of each and every month of the term of this Lease to the Landlord. 15. The Base Rent for the Premises will increase over the Term of the Lease as follows: First Year move in with 1 year lease at$1150 per month, Second Year with Lease$1200,Third year with lease$1250. 16. The Tenant will be charged an additional amount of 10% of rent plus $20.00 per day for any Rent that is received after the due date which is the 7th day of each month. 17. In the event that this Lease commences,expires or is terminated before the end of the period for which any item of Additional Rent or Base Rent would otherwise be payable or other than at the commencement or end of a calendar month, such amounts payable by the Tenant will be apportioned and adjusted pro rata on the basis of a thirty (30) day month in order to calculate the amount payable for such irregular period. Operating Costs 18. In addition to the Base Rent,the Tenant is responsible for directly paying to the appropriate suppliers the following operating costs: a. all insurance relating to the Building as placed by the Landlord from time to time, acting prudently; b. provision,repair,replacement and maintenance of heating,cooling, ventilation and air conditioning equipment throughout the Building; c. all outdoor maintenance including landscaping and trash removal; d. operation and maintenance of parking areas; and e. preventive maintenance and inspection. 19. In addition to the Base Rent,the Tenant is responsible for paying to the Landlord its Proportionate Share of all of the following operating costs incurred by the Landlord in respect to the Building,Common Areas and Facilities and Premises: a. cleaning and janitorial services; and b. repairs and replacements to the Building and any component of the Building. 20. For any rent review negotiation,the basic rent will be calculated as being the higher of the Base Rent payable immediately before the date of review and the Open Market Rent on the date of review. Use and Occupation 21. The Tenant will use and occupy the Premises only for the Permitted Use and for no other purpose whatsoever as allowable by license for the City of Boynton Beach. The Tenant will carry on business under the name of Shade Tree Music Studio LLC_ and will not change such name without the prior written consent of the Landlord, such consent not to be unreasonably withheld.The Tenant will open the whole of the Premises for business to the public fully fixtured, stocked and staffed on the date of commencement of the term and throughout the term,will continuously occupy and utilize the entire Premises in the active conduct of its business in a reputable manner on such days and during such hours of business as may be determined from time to time by the Landlord. 22. The Tenant covenants that the Tenant will carry on and conduct its business from time to time carried on upon the Premises in such manner as to comply with all statutes,bylaws,rules and regulations of any federal,provincial,municipal or other competent authority and will not do anything on or in the Premises in contravention of any of them. Quiet Enjoy 23. The Landlord covenants that on paying the Rent and performing the covenants contained in this Lease,the Tenant will peacefully and quietly have,hold, and enjoy the Premises for the agreed term. Default 24. If the Tenant is in default in the payment of any money,whether hereby expressly reserved or deemed as rent,or any part of the rent, and such default continues following any specific due date on which the Tenant is to make such payment,or in the absence of such specific due date,for the 3 days following written notice by the Landlord requiring the Tenant to pay the same then, at the option of the Landlord,this Lease may be terminated upon 3 days notice and the term will then immediately become forfeited and void, and the Landlord may without further notice or any form of legal process immediately reenter the Premises or any part of the Premises and in the name of the whole repossess and enjoy the same as of its former state anything contained in this Lease or in any statute or law to the contrary notwithstanding. 25. Unless otherwise provided for in this Lease,if the Tenant does not observe, perform and keep each and every of the non-monetary covenants, agreements, stipulations,obligations,conditions and other provisions of this Lease to be observed,performed and kept by the Tenant and persists in such default, after 3 days following written notice from the Landlord requiring that the Tenant remedy, correct or comply or,in the case of such default which would reasonably require more than 3 days to rectify,unless the Tenant will commence rectification within the said 3 days notice period and thereafter promptly and diligently and continuously proceed with the rectification of any such defaults then, at the option of the Landlord,this Lease may be terminated upon 3 days notice and the term will then immediately become forfeited and void, and the Landlord may without further notice or any form of legal process immediately reenter the Premises or any part of the Premises and in the name of the whole repossess and enjoy the same as of its former state anything contained in this Lease or in any statute or law to the contrary notwithstanding. 26. If and whenever: a. the Tenant's leasehold interest hereunder,or any goods,chattels or equipment of the Tenant located in the Premises will be taken or seized in execution or attachment,or if any writ of execution will issue against the Tenant or the Tenant will become insolvent or commit an act of bankruptcy or become bankrupt or take the benefit of any legislation that may be in force for bankrupt or insolvent debtor or become involved in voluntary or involuntary winding up,dissolution or liquidation proceedings,or if a receiver will be appointed for the affairs,business, property or revenues of the Tenant; or b. the Tenant fails to commence,diligently pursue and complete the Tenant's work to be performed under any agreement to lease pertaining to the Premises or vacate or abandon the Premises,or fail or cease to operate or otherwise cease to conduct business from the Premises,or use or permit or suffer the use of the Premises for any purpose other than as permitted in this clause,or make a bulk sale of its goods and assets which has not been consented to by the Landlord,or move or commence, attempt or threaten to move its goods,chattels and equipment out of the Premises other than in the routine course of its business; then, and in each such case, at the option of the Landlord,this Lease may be terminated without notice and the term will then immediately become forfeited and void, and the Landlord may without notice or any form of legal process immediately reenter the Premises or any part of the Premises and in the name of the whole repossess and enjoy the same as of its former state anything contained in this Lease or in any statute or law to the contrary notwithstanding. 27. In the event that the Landlord has terminated the Lease pursuant to this section, on the expiration of the time fixed in the notice,if any,this Lease and the right, title, and interest of the Tenant under this Lease will terminate in the same manner and with the same force and effect,except as to the Tenant's liability, as if the date fixed in the notice of cancellation and termination were the end of the Lease. Distress 28. If and whenever the Tenant is in default in payment of any money,whether hereby expressly reserved or deemed as rent,or any part of the rent,the Landlord may, without notice or any form of legal process,enter upon the Premises and seize, remove and sell the Tenant's goods,chattels and equipment from the Premises or seize,remove and sell any goods,chattels and equipment at any place to which the Tenant or any other person may have removed them,in the same manner as if they had remained and been distrained upon the Premises, all notwithstanding any rule of law or equity to the contrary, and the Tenant hereby waives and renounces the benefit of any present or future statute or law limiting or eliminating the Landlord's right of distress. Overholding 29. If the Tenant continues to occupy the Premises without the written consent of the Landlord after the expiration or other termination of the term,then,without any further written agreement,the Tenant will be a month-to-month tenant at a minimum monthly rental equal to twice the Base Rent and subject always to all of the other provisions of this Lease insofar as the same are applicable to a month-to- month tenancy and a tenancy from year to year will not be created by implication of law. Additional Rights on Reentry 30. If the Landlord reenters the Premises or terminates this Lease,then: a. notwithstanding any such termination or the term thereby becoming forfeited and void,the provisions of this Lease relating to the consequences of termination will survive; b. the Landlord may use such reasonable force as it may deem necessary for the purpose of gaining admittance to and retaking possession of the Premises and the Tenant hereby releases the Landlord from all actions, proceedings,claims and demands whatsoever for and in respect of any such forcible entry or any loss or damage in connection therewith or consequential thereupon; c. the Landlord may expel and remove,forcibly,if necessary,the Tenant, those claiming under the Tenant and their effects, as allowed by law, without being taken or deemed to be guilty of any manner of trespass; d. in the event that the Landlord has removed the property of the Tenant,the Landlord may store such property in a public warehouse or at a place selected by the Landlord, at the expense of the Tenant. If the Landlord feels that it is not worth storing such property given its value and the cost to store it,then the Landlord may dispose of such property in its sole discretion and use such funds,if any,towards any indebtedness of the Tenant to the Landlord. The Landlord will not be responsible to the Tenant for the disposal of such property other than to provide any balance of the proceeds to the Tenant after paying any storage costs and any amounts owed by the Tenant to the Landlord; e. the Landlord may relet the Premises or any part of the Premises for a term or terms which may be less or greater than the balance of the term of this Lease remaining and may grant reasonable concessions in connection with such reletting including any alterations and improvements to the Premises; f. after reentry,the Landlord may procure the appointment of a receiver to take possession and collect rents and profits of the business of the Tenant, and,if necessary to collect the rents and profits the receiver may carry on the business of the Tenant and take possession of the personal property used in the business of the Tenant,including inventory,trade fixtures, and furnishings, and use them in the business without compensating the Tenant; g. after reentry,the Landlord may terminate the Lease on giving 5 days written notice of termination to the Tenant. Without this notice,reentry of the Premises by the Landlord or its agents will not terminate this Lease; h. the Tenant will pay to the Landlord on demand: i. all rent,Additional Rent and other amounts payable under this Lease up to the time of reentry or termination,whichever is later; ii. reasonable expenses as the Landlord incurs or has incurred in connection with the reentering,terminating,reletting,collecting sums due or payable by the Tenant,realizing upon assets seized; including without limitation,brokerage,fees and expenses and legal fees and disbursements and the expenses of keeping the Premises in good order,repairing the same and preparing them for reletting; and iii. as liquidated damages for the loss of rent and other income of the Landlord expected to be derived from this Lease during the period which would have constituted the unexpired portion of the term had it not been terminated, at the option of the Landlord,either: 1. an amount determined by reducing to present worth at an assumed interest rate of twelve percent(12%)per annum all Base Rent and estimated Additional Rent to become payable during the period which would have constituted the unexpired portion of the term, such determination to be made by the Landlord,who may make reasonable estimates of when any such other amounts would have become payable and may make such other assumptions of the facts as may be reasonable in the circumstances; or 2. an amount equal to the Base Rent and estimated Additional Rent for a period of six (6) months. 31. During the Term and any renewal of this Lease,the Landlord and its agents may enter the Premises to make inspections or repairs at all reasonable times. However,except where the Landlord or its agents consider it is an emergency,the Landlord must have given not less than 24 hours prior written notice to the Tenant. 32. The Tenant acknowledges that the Landlord or its agent will have the right to enter the Premises at all reasonable times to show them to prospective purchasers, encumbrancers,lessees or assignees, and may also during the ninety days preceding the termination of the terms of this Lease,place upon the Premises the usual type of notice to the effect that the Premises are for rent,which notice the Tenant will permit to remain on them. Renewal of Lease 33. Upon giving written notice no later than 60 days before the expiration of the term of this Lease,the Tenant may renew this Lease for an additional term. All terms of the renewed lease will be the same except for this renewal clause and the amount of the rent. If the Landlord and the Tenant can not agree as to the amount of the Rent,the amount of the Rent will be determined by mediation. Landlord Improvements 34. The Landlord will make the following improvements to the Premises: a. Landlord will not be liable for any improvements to property, Tenant accepts property as is. 35. All improvements provided by the Landlord will revert back to the Landlord at the end of the Lease except for the following: Unit is to be retuned in same condition as the day it was leased. Landlord reserves the right to All leasehold improvements are assumed to revert to the Landlord when the Tenant vacates the space at the end of the lease. Tenant Improvements 36. The Tenant will make the following improvements to the Premises: a. Any and all changes and modifications must adhere to Florida Building Codes,or will be retuned to original state by tenet upon request,or termination of lease. Landlord is not responsible for any fines,levys,taxes that may result from any/all modification. Utilities and Other Costs 37. The Tenant is responsible for the direct payment of the following utilities and other charges in relation to the Premises:All utilities and maintenance of A/C. 38. The Tenant is responsible for paying to the Landlord the following utilities and other charges: 39. Signs 40. The Tenant may not erect,install and maintain a sign of a kind and size in any location,unless in accordance with the Landlord's design criteria for the Building and as first approved in writing by the Landlord, and approved by the City of Boynton Beach.All other signs, as well as the advertising practices of the Tenant, will comply with all applicable rules and regulations of the Landlord and the City of Boynton Beach.The Tenant will not erect,install or maintain any sign other than in accordance with this section. Insurance 41. The Tenant is hereby advised and understands that the personal property of the Tenant is not insured by the Landlord for either damage or loss, and the Landlord assumes no liability for any such loss.The Tenant is advised that,if insurance coverage is desired by the Tenant,the Tenant should inquire of Tenant's insurance agent regarding a Tenant's Policy of Insurance. Tenant's Insurance 42. The Tenant will,during the whole of the term and during such other time as the Tenant occupies the Premises,take out and maintain the following insurance, at the Tenant's sole expense,in such form as used by solvent insurance companies in the State of Florida: a. Comprehensive general liability insurance against claims for bodily injury, including death, and property damage or loss arising out of the use or occupation of the Premises,or the Tenant's business on or about the Premises; such insurance to be in the joint name of the Tenant and the Landlord so as to indemnify and protect both the Tenant and the Landlord and to contain a 'cross liability' and'severability of interest' clause so that the Landlord and the Tenant may be insured in the same manner and to the same extent as if individual policies had been issued to each, and will be for the amount of not less than $1,000,000.00 combined single limit or such other amount as may be reasonably required by the Landlord from time to time; such comprehensive general liability insurance will for the Tenant's benefit only include contractual liability insurance in a form and of a nature broad enough to insure the obligations imposed upon the Tenant under the terms of this Lease. b. All risks insurance upon its merchandise, stock-in-trade,furniture, fixtures and improvements and upon all other property in the Premises owned by the Tenant or for which the Tenant is legally liable, and insurance upon all glass and plate glass in the Premises against breakage and damage from any cause, all in an amount equal to the full replacement value of such items,which amount in the event of a dispute will be determined by the decision of the Landlord. In the event the Tenant does not obtain such insurance,it is liable for the full costs of repair or replacement of such damage or breakage. c. Boiler, air-conditioning and machinery insurance on such boilers and pressure vessels as may be installed by,or under the exclusive control of, the Tenant in the Premises. d. Owned automobile insurance with respect to all motor vehicles owned by the Tenant and operated in its business. 43. The Tenant's policies of insurance hereinbefore referred to will contain the following: a. provisions that the Landlord is protected notwithstanding any act,neglect or misrepresentation of the Tenant which might otherwise result in the avoidance of claim under such policies will not be affected or invalidated by any act,omission or negligence of any third party which is not within the knowledge or control of the insured(s); b. provisions that such policies and the coverage evidenced thereby will be primary and noncontributing with respect to any policies carried by the Landlord and that any coverage carried by the Landlord will be excess coverage; c. all insurance referred to above will provide for waiver of the insurer's rights of subrogation as against the Landlord; and d. provisions that such policies of insurance will not be cancelled without the insurer providing the Landlord thirty (30) days written notice stating when such cancellation will be effective. 44. The Tenant will further during the whole of the term maintain such other insurance in such amounts and in such sums as the Landlord may reasonably determine from time to time. Evidence satisfactory to the Landlord of all such policies of insurance will be provided to the Landlord upon request. 45. The Tenant will not do,omit or permit to be done or omitted upon the Premises anything which will cause any rate of insurance upon the Building or any part of the Building to be increased or cause such insurance to be cancelled. If any such rate of insurance will be increased as previously mentioned,the Tenant will pay to the Landlord the amount of the increase as Additional Rent. If any insurance policy upon the Building or any part of the Building is cancelled or threatened to be cancelled by reason of the use or occupancy by the Tenant or any such act or omission,the Tenant will immediately remedy or rectify such use,occupation, act or omission upon being requested to do so by the Landlord, and if the tenant fails to so remedy or rectify,the Landlord may at its option terminate this Lease and the Tenant will immediately deliver up possession of the Premises to the Landlord. 46. The Tenant will not at any time during the term of this Lease use,exercise,carry on or permit or suffer to be used,exercised,carried on,in or upon the Premises or any part of the Premises, any noxious,noisome or offensive act,trade business occupation or calling, and no act,matter or thing whatsoever will at any time during the said term be done in or upon the Premises,or any part Premises,which will or may be or grow to the annoyance,nuisance,grievance,damage or disturbance of the occupiers or owners of the Building,or adjoining lands or premises. Landlord's Insurance 47. The Landlord will take out or cause tenant to be taken out and keep or cause to be kept in full force and effect during the whole of the term: a. extended fire and extended coverage insurance on the Building,except foundations,on a replacement cost basis, subject to such deductions and exceptions as the Landlord may determine; such insurance will be in a form or forms normally in use from time to time for buildings and improvements of a similar nature similarly situate,including, should the Landlord so elect,insurance to cover any loss of rental income which may be sustained by the Landlord; b. boiler and machinery insurance of such boilers and pressure vessels as may be installed by,or under the exclusive control of,the Landlord in the Building (other than such boilers and pressure vessels to be insured by the Tenant hereunder); and c. comprehensive general liability insurance against claims for bodily injury, including death and property damage in such form and subject to such deductions and exceptions as the Landlord may determine;provided that nothing in this clause will prevent the Landlord from providing or maintaining such lesser, additional or broader coverage as the Landlord may elect in its discretion. 48. The Landlord agrees to request its insurers,upon written request of the Tenant,to have all insurance taken out and maintained by the Landlord provide for waiver of the Landlord's insurers' rights of subrogation as against the Tenant when and to the extent permitted from time to time by its insurers. Abandonment 49. If at any time during the term of this Lease,the Tenant abandons the Premises or any part of the Premises,the Landlord may, at its option,enter the Premises by any means without being liable for any prosecution for such entering, and without becoming liable to the Tenant for damages or for any payment of any kind whatever, and may, at the Landlord's discretion, as agent for the Tenant,relet the Premises,or any part of the Premises,for the whole or any part of the then unexpired term, and may receive and collect all rent payable by virtue of such reletting, and, at the Landlord's option,hold the Tenant liable for any difference between the Rent that would have been payable under this Lease during the balance of the unexpired term,if this Lease had continued in force, and the net rent for such period realized by the Landlord by means of the reletting. If the Landlord's right of reentry is exercised following abandonment of the premises by the Tenant,then the Landlord may consider any personal property belonging to the Tenant and left on the Premises to also have been abandoned,in which case the Landlord may dispose of all such personal property in any manner the Landlord will deem proper and is relieved of all liability for doing so. Subordination and Attornment 50. This Lease and the Tenant's rights under this Lease will automatically be subordinate to any mortgage or mortgages,or encumbrance resulting from any other method of financing or refinancing,now or afterwards in force against the Lands or Building or any part of the Lands or Building, as now or later constituted, and to all advances made or afterwards made upon such security; and, upon the request of the Landlord,the Tenant will execute such documentation as may be required by the Landlord in order to confirm and evidence such subordination. 51. The Tenant will,in the event any proceedings are brought,whether in foreclosure or by way of the exercise of the power of sale or otherwise,under any other mortgage or other method of financing or refinancing made by the Landlord in respect of the Building,or any portion of the Building, attorn to the encumbrancer upon any such foreclosure or sale and recognize such encumbrancer as the Landlord under this Lease,but only if such encumbrancer will so elect and require. 52. Upon the written request of the Tenant,the Landlord agrees to request any mortgagee or encumbrancer of the Lands (present or future) to enter into a non- disturbance covenant in favor of the Tenant,whereby such mortgagee or encumbrancer will agree not to disturb the Tenant in its possession and enjoyment of the Premises for so long as the Tenant is not in default under this Lease. Registration of Caveat 53. The Tenant will not register this Lease,provided,however,that: a. The Tenant may file a caveat respecting this Lease but will not be entitled to attach this Lease, and,in any event,will not file such caveat prior to the commencement date of the term. The caveat will not state the Base Rent or any other financial provisions contained in this Lease. b. If the Landlord's permanent financing has not been fully advanced,the Tenant covenants and agrees not to file a caveat until such time as the Landlord's permanent financing has been fully advanced. Estoppel Certificate and Acknowledgement 54.Whenever requested by the Landlord, a mortgagee or any other encumbrance holder or other third party having an interest in the Building or any part of the Building,the Tenant will,within ten (10) days of the request,execute and deliver an estoppel certificate or other form of certified acknowledgement as to the Commencement Date,the status and the validity of this Lease,the state of the rental account for this Lease, any incurred defaults on the part of the Landlord alleged by the Tenant, and such other information as may reasonably be required. Sale by Landlord 55. In the event of any sale,transfer or lease by the Landlord of the Building or any interest in the Building or portion of the Building containing the Premises or assignment by the Landlord of this Lease or any interest of the Landlord in the Lease to the extent that the purchaser,transferee,tenant or assignee assumes the covenants and obligations of the Landlord under this Lease,the Landlord will without further written agreement be freed and relieved of liability under such covenants and obligations. This Lease may be assigned by the Landlord to any mortgagee or encumbrancee of the Building as security. Tenant's Indemnity 56. The Tenant will and does hereby indemnify and save harmless the Landlord of and from all loss and damage and all actions,claims,costs,demands,expenses, fines,liabilities and suits of any nature whatsoever for which the Landlord will or may become liable,incur or suffer by reason of a breach,violation or nonperformance by the Tenant of any covenant,term or provision hereof or by reason of any builders' or other liens for any work done or materials provided or services rendered for alterations,improvements or repairs,made by or on behalf of the Tenant to the Premises,or by reason of any injury occasioned to or suffered by any person or damage to any property,or by reason of any wrongful act or omission,default or negligence on the part of the Tenant or any of its agents, concessionaires,contractors,customers,employees,invitees or licensees in or about the Building. 57. It is agreed between the Landlord and the Tenant that the Landlord will not be liable for any loss,injury,or damage to persons or property resulting from falling plaster, steam,electricity,water,rain, snow or dampness,or from any other cause. 58. It is agreed between the Landlord and the Tenant that the Landlord will not be liable for any loss or damage caused by acts or omissions of other tenants or occupants,their employees or agents or any persons not the employees or agents of the Landlord,or for any damage caused by the construction of any public or quasi-public works, and in no event will the Landlord be liable for any consequential or indirect damages suffered by the Tenant. 59. It is agreed between the Landlord and the Tenant that the Landlord will not be liable for any loss,injury or damage caused to persons using the Common Areas and Facilities or to vehicles or their contents or any other property on them,or for any damage to property entrusted to its or their employees,or for the loss of any property by theft or otherwise, and all property kept or stored in the Premises will be at the sole risk of the Tenant. Liens 60. The Tenant will immediately upon demand by the Landlord remove or cause to be removed and afterwards institute and diligently prosecute any action pertinent to it, any builders' or other lien or claim of lien noted or filed against or otherwise constituting an encumbrance on any title of the Landlord. Without limiting the foregoing obligations of the Tenant,the Landlord may cause the same to be removed,in which case the Tenant will pay to the Landlord as Additional Rent, such cost including the Landlord's legal costs. Attorney Fees 61. All costs,expenses and expenditures including and without limitation,complete legal costs incurred by the Landlord on a solicitor/client basis as a result of unlawful detainer of the Premises,the recovery of any rent due under the Lease, or any breach by the Tenant of any other condition contained in the Lease,will forthwith upon demand be paid by the Tenant as Additional Rent. All rents including the Base Rent and Additional Rent will bear interest at the rate of Twelve (12%)per cent per annum from the due date until paid. Governing Law 62. It is the intention of the Parties to this Lease that the tenancy created by this Lease and the performance under this Lease, and all suits and special proceedings under this Lease,be construed in accordance with and governed,to the exclusion of the law of any other forum,by the laws of the State of Florida,without regard to the jurisdiction in which any action or special proceeding may be instituted. Severability 63. If there is a conflict between any provision of this Lease and the applicable legislation of the State of Florida (the 'Act'),the Act will prevail and such provisions of the Lease will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Lease. 64. If there is a conflict between any provision of this Lease and any form of lease prescribed by the Act,that prescribed form will prevail and such provisions of the lease will be amended or deleted as necessary in order to comply with that prescribed form. Further, any provisions that are required by that prescribed form are incorporated into this Lease. Amendment of Lease 65. Any amendment or modification of this Lease or additional obligation assumed by either party to this Lease in connection with this Lease will only be binding if evidenced in writing signed by each party or an authorized representative of each party. Assignment and Subletting 66. The Tenant will not assign this Lease,or sublet or grant any concession or license to use the Premises or any part of the Premises. An assignment, subletting, concession,or license,whether by operation of law or otherwise,will be void and will, at Landlord's option,terminate this Lease. Damage to Premises 67. If the Premises,or any part of the Premises,will be partially damaged by fire or other casualty not due to the Tenant's negligence or willful act or that of the Tenant's employee,family, agent,or visitor,the Premises will be promptly repaired by the Landlord and there will be an abatement of rent corresponding with the time during which, and the extent to which,the Premises may have been untenantable. However,if the Premises should be damaged other than by the Tenant's negligence or willful act or that of the Tenant's employee,family, agent, or visitor to the extent that the Landlord will decide not to rebuild or repair,the term of this Lease will end and the Rent will be prorated up to the time of the damage. Force Majeure 68. In the event that the Landlord or the Tenant will be unable to fulfill,or shall be delayed or prevented from the fulfillment of, any obligation in this Lease by reason of municipal delays in providing necessary approvals or permits,the other party's delay in providing approvals as required in this Lease, strikes,third party lockouts, fire, flood,earthquake,lightning, storm, acts of God or our Country's enemies,riots,insurrections or other reasons of like nature beyond the reasonable control of the party delayed or prevented from fulfilling any obligation in this Lease (excepting any delay or prevention from such fulfillment caused by a lack of funds or other financial reasons) and provided that such party uses all reasonable diligence to overcome such unavoidable delay,then the time period for performance of such an obligation will be extended for a period equivalent to the duration of such unavoidable delay. Eminent Domain and Expropriation 69. If during the term of this Lease,title is taken to the whole or any part of the Building by any competent authority under the power of eminent domain or by expropriation,which taking,in the reasonable opinion of the Landlord,does not leave a sufficient remainder to constitute an economically viable building,the Landlord may at its option,terminate this Lease on the date possession is taken by or on behalf of such authority. Upon such termination,the Tenant will immediately deliver up possession of the Premises,Base Rent and any Additional Rent will be payable up to the date of such termination, and the Tenant will be entitled to be repaid by the Landlord any rent paid in advance and unearned or an appropriate portion of that rent. In the event of any such taking,the Tenant will have no claim upon the Landlord for the value of its property or the unexpired portion of the term of this Lease,but the Parties will each be entitled to separately advance their claims for compensation for the loss of their respective interests and to receive and retain such compensation as may be awarded to each respectively. If an award of compensation made to the Landlord specifically includes an award for the Tenant,the Landlord will account for that award to the Tenant and vice versa. Condemnation 70. A condemnation of the Building or any portion of the Premises will result in termination of this Lease. The Landlord will receive the total of any consequential damages awarded as a result of the condemnation proceedings. All future rent installments to be paid by the Tenant under this Lease will be terminated. Tenant's Repairs and Alterations 71. The Tenant covenants with the Landlord to occupy the Premises in a tenant-like manner and not to permit waste.The Tenant will at all times and at its sole expense, subject to the Landlord's repair,maintain and keep the Premises, reasonable wear and tear,damage by fire,lightning,tempest, structural repairs, and repairs necessitated from hazards and perils against which the Landlord is required to insure excepted.Without limiting the generality of the foregoing,the Tenant will keep,repair,replace and maintain all glass,wiring,pipes and mechanical apparatus in,upon or serving the Premises in good and tenantable repair at its sole expense.When it becomes (or, acting reasonably, should have become) aware of same,the Tenant will notify the Landlord of any damage to or deficiency or defect in any part of the Premises or the Building. 72. The Tenant covenants with the Landlord that the Landlord,its servants, agents and workmen may enter and view the state of repair of the Premises and that the Tenant will repair the Premises according to notice in writing received from the Landlord, subject to the Landlord's repair obligations. If the Tenant refuses or neglects to repair as soon as reasonably possible after written demand,the Landlord may,but will not be obligated to,undertake such repairs without liability to the Tenant for any loss or damage that may occur to the Tenant's merchandise, fixtures or other property or to the Tenant's business by such reason, and upon such completion,the Tenant will pay,upon demand, as Additional Rent, the Landlord's cost of making such repairs plus fifteen percent(15%) of such cost for overhead and supervision. 73. The Tenant will keep in good order,condition and repair the non-structural portions of the interior of the Premises and every part of those Premises, including,without limiting the generality of the foregoing, all equipment within the Premises, fixtures,walls,ceilings, floors,windows,doors,plate glass and skylights located within the Premises.Without limiting the generality of the foregoing,the Tenant will keep,repair,replace and maintain all glass,wiring, pipes and mechanical apparatus in,upon or serving the Premises in good and tenantable repair at its sole expense. When it becomes (or, acting reasonably, should have become) aware of same,the Tenant will notify the Landlord of any damage to or deficiency or defect in any part of the Premises or the Building. The Tenant will not use or keep any device which might overload the capacity of any floor,wall,utility,electrical or mechanical facility or service in the Premises or the Building. 74. The Tenant will not make or have others make alterations, additions or improvements or erect or have others erect any partitions or install or have others install any trade fixtures,exterior signs, floor covering,interior or exterior lighting,plumbing fixtures, shades, awnings,exterior decorations or make any changes to the Premises or otherwise without first obtaining the Landlord's written approval thereto, such written approval not to be unreasonably withheld in the case of alterations, additions or improvements to the interior of the Premises. 75. The Tenant will not install in or for the Premises any special locks, safes or apparatus for air-conditioning,cooling,heating,illuminating,refrigerating or ventilating the Premises without first obtaining the Landlord's written approval thereto. Locks may not be added or changed without the prior written agreement of both the Landlord and the Tenant. 76.When seeking any approval of the Landlord for Tenant repairs as required in this Lease,the Tenant will present to the Landlord plans and specifications of the proposed work which will be subject to the prior approval of the Landlord,not to be unreasonably withheld or delayed. 77. The Tenant will promptly pay all contractors,material suppliers and workmen so as to minimize the possibility of a lien attaching to the Premises or the Building. Should any claim of lien be made or filed the Tenant will promptly cause the same to be discharged. Landlord's Repairs 78. The Landlord covenants and agrees to effect at its expense repairs of a structural nature to the structural elements of the roof,foundation and outside walls of the Building,whether occasioned or necessitated by faulty workmanship,materials, improper installation,construction defects or settling,or otherwise,unless such repair is necessitated by the negligence of the Tenant,its servants, agents, employees or invitees,in which event the cost of such repairs will be paid by the Tenant together with an administration fee of fifteen percent(15%) for the Landlord's overhead and supervision. also,Any additions previous made by former tents which may or may not be up to code are the whole responsibility of the tenet. (ie air-conditioners,fans,electrical changes,light fixtures etc.The art studios are accepted in "as is" conditions. Care and Use of Premises 79. The Tenant will promptly notify the Landlord of any damage,or of any situation that may significantly interfere with the normal use of the Premises. 80. Vehicles which the Landlord reasonably considers unsightly,noisy,dangerous, improperly insured,inoperable or unlicensed are not permitted in the Tenant's parking stall(s), and such vehicles may be towed away at the Tenant's expense. Parking facilities are provided at the Tenant's own risk. The Tenant is required to park in only the space allotted to them. 81. The Tenant will not make (or allow to be made) any noise or nuisance which,in the reasonable opinion of the Landlord,disturbs the comfort or convenience of other tenants. 82. The Tenant will dispose of its trash in a timely,tidy,proper and sanitary manner. 83. The Tenant will not engage in any illegal trade or activity on or about the Premises. 84. The Landlord and Tenant will comply with standards of health, sanitation, fire, housing and safety as required by law. 85. The hallways,passages and stairs of the building in which the Premises are situated will be used for no purpose other than going to and from the Premises and the Tenant will not in any way encumber those areas with boxes,furniture or other material or place or leave rubbish in those areas and other areas used in common with any other tenant. Surrender of Premises 86. The Tenant covenants to surrender the Premises, at the expiration of the tenancy created in this Lease,in the same condition as the Premises were in upon delivery of possession under this Lease,reasonable wear and tear,damage by fire or the elements, and unavoidable casualty excepted, and agrees to surrender all keys for the Premises to the Landlord at the place then fixed for payment of rent and will inform the Landlord of all combinations to locks, safes and vaults,if any. All alterations, additions and improvements constructed or installed in the Premises and attached in any manner to the floor,walls or ceiling,including any leasehold improvements,equipment, floor covering or fixtures (including trade fixtures), will remain upon and be surrendered with the Premises and will become the absolute property of the Landlord except to the extent that the Landlord requires removal of such items. If the Tenant abandons the Premises or if this Lease is terminated before the proper expiration of the term due to a default on the part of the Tenant then,in such event, as of the moment of default of the Tenant all trade fixtures and furnishings of the Tenant(whether or not attached in any manner to the Premises) will,except to the extent the Landlord requires the removal of such items,become and be deemed to be the property of the Landlord without indemnity to the Tenant and as liquidated damages in respect of such default but without prejudice to any other righter remedy of the Landlord. Notwithstanding that any trade fixtures,furnishings, alterations, additions,improvements or fixtures are or may become the property of the Landlord,the Tenant will immediately remove all or part of the same and will make good any damage caused to the Premises resulting from the installation or removal of such fixtures, all at the Tenant's expense, should the Landlord so require by notice to the Tenant. If the Tenant, after receipt of such notice from the Landlord,fails to promptly remove any trade fixtures,furnishings, alterations,improvements and fixtures in accordance with such notice,the Landlord may enter into the Premises and remove from the Premises all or part of such trade fixtures,furnishings, alterations, additions,improvements and fixtures without any liability and at the expense of the Tenant,which expense will immediately be paid by the Tenant to the Landlord. The Tenant's obligation to observe or perform the covenants contained in this Lease will survive the expiration or other termination of the term of this Lease. Hazardous Materials 87. The Tenant will not keep or have on the Premises any article or thing of a dangerous, flammable,or explosive character that might unreasonably increase the danger of fire on the Premises or that might be considered hazardous by any responsible insurance company. Rules and Regulations 88. The Tenant will obey all rules and regulations posted by the Landlord regarding the use and care of the Building,parking lot,laundry room and other common facilities that are provided for the use of the Tenant in and around the Building on the Premises. Address for Notice 89. For any matter relating to this tenancy,whether during or after this tenancy has been terminated: a. the address for service of the Tenant is the Premises during this tenancy, and , ,Florida after this tenancy is terminated. The phone number of the Tenant is (561) 271-1776, and the fax number of the Tenant is ; and b. the address for service of the Landlord is 811 Belvedere Road,West Palm Beach,FL 33405,both during this tenancy and after it is terminated. The Landlord or the Tenant may,on written notice to each other,change their respective addresses for notice under this Lease. No Waiver 90. No provision of this Lease will be deemed to have been waived by the Landlord unless a written waiver from the Landlord has first been obtained and,without limiting the generality of the foregoing,no acceptance of rent subsequent to any default and no condoning,excusing or overlooking by the Landlord on previous occasions of any default nor any earlier written waiver will be taken to operate as a waiver by the Landlord or in any way to defeat or affect the rights and remedies of the Landlord. Landlord's Performance 91. Notwithstanding anything to the contrary contained in this Lease,if the Landlord is delayed or hindered or prevented from the performance of any term,covenant or act required under this Lease by reason of strikes,labor troubles,inability to procure materials or services,power failure,restrictive governmental laws or regulations,riots,insurrection, sabotage,rebellion,war, act of God or other reason,whether of a like nature or not,which is not the fault of the Landlord,then performance of such term,covenant or act will be excused for the period of the delay and the Landlord will be entitled to perform such term,covenant or act within the appropriate time period after the expiration of the period of such delay. Remedies Cumulative 92. No reference to or exercise of any specific right or remedy by the Landlord will prejudice or preclude the Landlord from any other remedy whether allowed at law or in equity or expressly provided for in this Lease. No such remedy will be exclusive or dependent upon any other such remedy,but the Landlord may from time to time exercise any one or more of such remedies independently or in combination. Landlord May Perform 93. If the Tenant fails to observe,perform or keep any of the provisions of this Lease to be observed,performed or kept by it and such failure is not rectified within the time limits specified in this Lease,the Landlord may,but will not be obliged to, at its discretion and without prejudice,rectify the default of the Tenant. The Landlord will have the right to enter the Premises for the purpose of correcting or remedying any default of the Tenant and to remain until the default has been corrected or remedied. However, any expenditure by the Landlord incurred in any correction of a default of the Tenant will not be deemed to waive or release the Tenant's default or the Landlord's right to take any action as may be otherwise permissible under this Lease in the case of any default. General Provisions 94. This Lease will extend to and be binding upon and inure to the benefit of the respective heirs,executors, administrators, successors and assigns, as the case may be,of each party to this Lease. All covenants are to be construed as conditions of this Lease. 95. All sums payable by the Tenant to the Landlord pursuant to any provision of this Lease will be deemed to be Additional Rent and will be recovered by the Landlord as rental arrears. 96.Where there is more than one Tenant executing this Lease, all Tenants are jointly and severally liable for each other's acts,omissions and liabilities pursuant to this Lease. 97. The Tenant will be charged an additional amount of$25.00 for each N.S.F. check or check returned by the Tenant's financial institution. 98. All schedules to this Lease are incorporated into and form an integral part of this Lease. 99. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Lease. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa. 100.This Lease may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures. 101.Time is of the essence in this Lease. 102.This Lease will constitute the entire agreement between the Landlord and the Tenant. Any prior understanding or representation of any kind preceding the date of this Lease will not be binding on either party to this Lease except to the extent incorporated in this Lease. In particular,no warranties of the Landlord not expressed in this Lease are to be implied. IN WITNESS WHEREOF the Parties to this Lease have duly affixed their signatures under hand and seal,or by a duly authorized officer under seal,on this 4th day of December, 2017. Florida Arts Association, (Landlord) Per: (SEAL) (Witness) (Tenant) Per: (SEAL) (Witness) ©2002-2014 LawDepot.comTM 100.This Lease may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures. 101.Time is of the essence in this Lease. 102.This Lease will constitute the entire agreement between the Landlord and the Tenant. Any prior understanding or representation of any kind preceding the date of this Lease will not be binding on either party to this Lease except to the extent incorporated in this Lease.In particular,no warranties of the Landlord not expressed in this Lease are to be implied. IN WITNESS WHEREOF the Parties to this Lease have duly affixed their signatures under hand and seal,or by a duly authorized officer under seal,on this 4th day of December,2017. Florida Arts Association,(Landlord) Per: (SEAL) (Witness) (Tenant) Per: (SEAL) (Witness) 02002-2014 LawDepot.comTM L/ 1 I, AGENCYB E AC H C R A COMMUNITY REDEVELOPMENT CRA BOARD MEETING OF: June 8, 2021 CONSENT AGENDA AGENDAITEM: 11.E. SUBJECT: Approval of Commercial Rent Reimbursement Grant Program in the Amount of $15,450 to Go French Concept LLC d/b/a Le Petit Pains located at 410 E. Boynton Beach Boulevard, Units A& B SUMMARY: The CRA's Commercial Rent Reimbursement Grant Program provides qualified new or expanding businesses located within the CRA District boundaries with rent payment assistance for a maximum period of 12 months. CRA staff has received a complete grant application from Go French Concept LLC d/b/a Le Petit Pain located at 410 E. Boynton Beach Boulevard, Units A & B, Boynton Beach, FL 33435 (see Attachments I - II). Le Petit Pain is a top rated and authentic French bakery well known in South Florida for more than a decade. Le Petit Pain recently relocated from Lantana and sells mostly quiches with seven varieties from spinach and goat cheese to sausage and cheddar. As a bakery, Le Petit Pain currently employs 5 staff (with hopes to hire three more) ranging from full-time and part-time positions for bakers, marketing, and vendor staff. Under the terms of their Landlord-Tenant Lease Agreement, the base rent required to be paid by the applicant is $2,575 per month (see Attachment 111). Le Petit Pain qualifies as a Tier I business (as specified in the grant application) and would receive reimbursement for one-half of their monthly rent amount or maximum grant amount of $1,750 per month for a 12 month period, whichever is less. If approved, Le Petit Pain would be reimbursed in the amount of $1,287.50/month for a period of 12 months or a total grant amount of $15,450 during its first year of business. Grant reimbursements to the approved applicant occur on a monthly basis with proof of rent payments. FISCAL IMPACT: FY2020-2021 Budget, Project Fund, Line Item 02-58400-444, $15,450 CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approval of the Commercial Rent Reimbursement Grant in the amount not to exceed $15,450 to Go French Concept, LLC d/b/a Le Petit Pain located at 410 E. Boynton Beach Boulevard, Units A& B, Boynton Beach, FL 33435. ATTACHMENTS: Description D Attachment I -Commercial Rent Reimbursement Grant Application D Attachment II - Location Map D Attachment III - Lease t f rt'5'0YN B RA Homo COMMUNffY REDEVELOPMENT AGENCY October 1, 2020 — September 30, 2021 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY COMMERCIAL RENT REIMBURSEMENT Program Rules and Regulations The Commercial Rent Reimbursement Grant Program is designed to help facilitate the establishment of new businesses and aid in the expansion of existing businesses within the Boynton Beach Community Redevelopment Agency (the "BBCRA") Area. The program is designed to provide financial assistance to new and existing businesses in the form of rent reimbursement intended to help businesses during the critical first year of operation. The BBCRA reserves the right to approve or deny any Commercial Rent Reimbursement Grant Program application and to deny payment at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives established for redevelopment of the BBCRA Area. The receipt of past payments is not guarantee of future payments. For purposes of this application, the term "new business" means a company in operation for less than one year or relocating to Boynton Beach. The term "existing business"means company that has been in operation within the BBCRA Area for a minimum of two years at the time of application and has at least two years remaining on its existing lease. The Boynton Beach BBCRA is a public agency and is governed by the "Florida Public Records Law" under Florida State Statutes, Chapter 119. Any documents provided by the Applicant(s) may be produced by the BBCRA upon receipt of a public records request, subject to any exemptions provided by Florida Law. Initials Page 1 of 15 7— Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435–Phone: (561) 600-9090 www.boyntonbeachcra.com Incentive Funding The Commercial Rent Reimbursement Grant Program offers financial assistance through a reimbursable grant in the form of a monthly rent reimbursement for the first 12 months of business with the option to request an additional 6 months of reimbursement, which may be granted at the discretion of the Board. New businesses are eligible to apply for assistance for up to one year from the issuance of the City of Boynton Beach Business Tax Receipt. Rent Reimbursements will not be paid until all construction has ended, permits are closed out, City and County licenses are obtained, and the business is open for operation under a Temporary Certificate of Occupancy (TCO) or a Certificate of Occupancy (CO). For businesses that do not require any construction work, rent reimbursements will not be paid until City and County licenses are obtained and the business is open for operation. On a monthly basis, the BBCRA will issue reimbursement directly to the applicant. Reimbursement is for the monthly rent payment made to the landlord, and is dependent upon receipt of verification that the payment has been cleared by the bank. The responsibility for all rental payments is between the parties to the lease, (the tenant and the landlord). As grantor, the BBCRA does not bear or accept any responsibility for payment of rent at any time, or for penalties incurred for the late arrival of payments by any party. Applicants are also encouraged to connect with CareerSource Palm Beach County which is a State organization providing various free programs to assist Palm Beach County businesses. CareerSource Palm Beach County has a dedicated team of career counselors, business coaches and training providers to help area businesses stay competitive through training grants and talent acquisitions and also provide assistance in posting available jobs, recruiting and hiring, and training opportunities. For more information regarding CareerSource Palm Beach County visit their website at careersourcepbc.com. Initials Page 2 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding: • Applicant must be a new business, or an existing business that is expanding in size. • Applicant must be the business entity (or d/b/a) named and the principal owners named on the corporation documents, and must be the landlord or business owner of the company occupying the property to be improved. • Must be located within the BBCRA Area (see attached map). • Must provide proof that the business is properly licensed by all necessary levels of government and professional associations or agencies (copies of city and county licenses or receipts that the licenses have been applied for). • Non-profit and residentially zoned properties are NOT eligible. • An existing business must expand to occupy more than 50% of its current square footage size or open a second location within the BBCRA Area. Verification of this threshold must be provided in the application package. Exceptions to this rule may be made at the discretion of the BBCRA Board if the tenant is losing their current space due to redevelopment of the site. • The Applicant's Experian consumer credit report must reflect an acceptable level of financial stability, as determined in the sole discretion of the BBCRA Applicants must have an Experian credit score of 601 or higher and have no listed history of bankruptcy to be eligible. If there is more than one business owner, the majority of the business owners must have credit scores of 601 or higher to be eligible. • Applicant must have an executed multi-year lease with at least two years remaining on the lease. • Proposed leases must be executed within 30 days of BBCRA Board approval or the grant award is terminated. • The Commercial Rent Reimbursement Grant Program may only be used one time by any one specific business entity or business owner. • Grantees shall allow the BBCRA the rights and use of photos and project application materials. Initials Page 3 of 15 Rent Reimbursement 100 East Ocean Avenue,4t' Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com • The BBCRA Board may give preference to local businesses. For purposes of this grant, local business means a duly licensed business entity with an office location in Palm Beach County. Ineligible Businesses The following businesses are considered ineligible for assistance under the Commercial Rent Reimbursement Grant Program: • Firearm Sales/Shooting Range • Convenience Store • Religion-Affiliated Retail Stores • Churches/places of worship • Non-profit organizations • Take-out Foods • Check Cashing Stores • Tattoo Shops / Body Piercing / • Kava Tea Bars Body Art Shops • Adult Entertainment • Liquor Stores • Adult Arcades • Vapor Cigarette, E Cigarette Stores • Alcohol and/or Drug Rehabilitation . Pawn Shops Centers/Housing • Any other use that the BBCRA staff • Massage/Personal Services or BBCRA Board determine will not • Auto Services Facilities — repair, support the redevelopment of the storage, sales, etc BBCRA Area • CBD Retail Stores, etc. • Medical Research Centers/Housing Grant Terms and Conditions This grant is divided into two tiers of eligibility. Businesses are classified into tiers based on the type of business, which then determines the amount of eligible funding. Grant funding amounts will be based on the applicant's project budget specified at the time of BBCRA Board approval. Tier One Business Tier One Businesses are eligible for reimbursement for up to half(50%) of the business's base monthly rent or$1,750 per month, whichever is less (maximum amount of the grant is $21,000, distributed in four monthly payments). Initials Page 4 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com Tier One Businesses must be one of the following types of businesses: • Restaurant • Bakery • Gourmet Food Market Tier Two Business Tier Two Businesses are eligible for reimbursement for up to half(50%) of the business's base monthly rent or $1,250 per month, whichever is less (maximum amount of the grant is $15,000, distributed in four monthly payments. Examples of Tier Two Businesses include, but are not limited to, the following types of businesses: • Home Decor/Design — home • Clothing Boutique — clothing, furnishings, art galleries, kitchen shoes & accessories wares • Law Offices • Accounting Offices • Hair/Nail Salons (no more than 2 • Real Estate Offices approvals per fiscal year) • Marketing Offices • Medical Offices • Fitness Centers • Insurance Offices • Specialty Businesses — stationary, • Florists (no more than 2 approvals gifts, sporting goods per fiscal year) Lease Terms If the applicant is a tenant, it must have a proposed or'executed multi-year lease with a minimum of two years remaining on the lease. The commercial lease must define the landlord-tenant relationship and at minimum provide the following information: • A description of the space being rented, including square footage and a drawing of the space; • Description of utilities that are the tenant's responsibility; • Rental rate and deposits along with terms of lease and methodology for future rent increases; • Responsible party for interior and exterior repairs and/or improvements; • Insurance requirements; Initials_ _4 Page 5 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com • Ability to terminate; and • Consequences of default on the lease. For purposes of this paragraph, the term "subject property" means the leased premises of the grant recipient, for which the applicant or grant recipient is seeking rental reimbursement, or any part thereof. Grant recipients are prohibited from subletting the subject property. If a grant recipient sublets the property, the grant recipient will be required to repay the BBCRA for all grant money received up to that point and will not be eligible to receive any further grant funding. For purposes of this grant, the BBCRA considers the following to be subletting: A) executing a sublease, assignment, or similar agreement with an entity that is not the grant recipient; B) allowing the subject property to be occupied by any business entity in which the grant recipient is not listed as the registered agent, owner, officer or director of said business, or assisting such a business in so doing; C) allowing or assisting a business entity other than the grant recipient to list its place of business as the subject property; or D) allowing or assisting a business entity other than the grant recipient to obtain a business tax license from the City of Boynton Beach for the subject property. The fact that a business entity other than the grant recipient occupies the subject property, lists its place of business as the subject property, obtains a business tax license for the subject property, or similarly appears to use the subject property is sufficient evidence that the grant recipient has allowed or assisted such other business entity to do so and is grounds for termination of any further grant payments and seeking reimbursement for previously paid grant payments. However, it shall not be considered a prohibited subleasing when the business purpose of the applicant is to provide a space for aspiring businesses, such as when the applicant is a business incubator, commissary kitchen, or business that provides co-op workspace. The BBCRA will determine whether a certain applicant fits into the exception described in this paragraph on a case-by-case basis. Application Process Applications can be obtained from the BBCRA office located at 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 or downloaded from www.boyntonbeachcra.com. All applicants are required to meet with BBCRA staff in order to determine eligibility before Initials Page 6 of 15 Rent Reimbursement 100 East Ocean Avenue,41h Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com submitting an application. Applications will not be considered until all required documentation is submitted to the BBCRA office. Application to this grant program is not a guarantee of funding. Funding is at the sole discretion of the BBCRA Board. Applicants must submit an original, "hard copy" application with all materials to the BBCRA for review and approval by the BBCRA Board. Applicants will be considered on a first-come, first served basis. Application packets must include the following documentation: 1. A non-refundable fee of$100, which will be used to obtain a consumer credit report on the business and principal/owners of business. Make check payable to: Boynton Beach CRA. 2. Resume for each principal/owner of the business. 3. Copy of the corporate documents for the applying business entity. 4. Copy of City and County Business Licenses (Business Tax Receipt). 5. Copy of executed multi-year commercial lease agreement. 6. Two years of P90—a—to tax returns (for existing businesses only). Two years of personal tax returns for the principal/owners of a new business. 8., List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. If applicant is an existing business expanding to occupy more than 50% of its current square footage size, verification of this threshold must be provided in the application package. Exceptions to this rule may be made at the discretion of the BBCRA Board if the tenant is losing their current space due to redevelopment of the site. 10.Completed and signed application (attached). 11.Authorization to perform credit check for the business and each principal/owner of the business (attached). 12.W9 Form and Vendor Application (attached). Approval of Funding Request All required application documentation must be submitted no later than noon two weeks prior to the second Tuesday of the month. BBCRA staff will review the application to Initials Page 7 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com evaluate whether the applicant is eligible for reimbursement. If it meets these requirements, BBCRA staff will present the funding request to the BBCRA Board for review and potential approval. In order to request the 6-month extension, the applicant must submit a presentation at the completion of the 12 months of rent reimbursement, outlining how their first year went and requesting the additional 6 months of rent reimbursement. Theresentation must be submitted no later than noon two weeks pngr to the second Tuesday of the month The BBCRA Board meets on the second Tuesday of each month. The schedule for BBCRA Board meetings can be obtained at www.boyntonbeachcra.com. Applicants will be notified of the date and time that their applications will be considered by the BBCRA Board. The BBCRA recommends that applicants attend the BBCRA Board meeting during which the Board will consider their applications in order to answer any questions the BBCRA Board may have regarding their applications. BBCRA staff will notify the applicant of the BBCRA Board's approval or denial in writing. Site Visits BBCRA may conduct a site visit prior to transmitting the application to the BBCRA Board and once the project is completed. Staff may also conduct unannounced site visits before, during and after the project in order to determine and ensure compliance with the terms of the grant. Procedures for Reimbursement Monthly rent reimbursement payments will be provided to the grant recipient beginning the first month the business is open for operation subsequent to BBCRA Board approval. A maximum of 12 consecutive monthly rent payments are eligible to be reimbursed to the approved applicant, with the option to request an additional 6 months. Reimbursement will occur on a monthly basis. Following the initial Reimbursement Request, each reimbursement request shall be made within 30 days of the start of the next month. Initials Page 8 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com In order to receive monthly rent reimbursement the grant applicant must submit the following: 1. Written request for reimbursement. 2. Proof of rent payments (i.e., copies of the front and back of cancelled checks for that month's reimbursement or proof of direct deposit). If applicant does not submit its monthly reimbursement request within 30 days following the end of the next month in which applicant is reguesting reimbursement,--applicant forfeits that month's reimbursement. Discontinuation of Payment The receipt of past payments does not guarantee future payments. The BBCRA retains the right to discontinue rent reimbursement payments at any time at its sole and absolute discretion. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the property. Nor shall issuance of a grant result in any obligation on the part of the BBCRA to any third party. The BBCRA is not required to verify that entities that have contracted with the applicant or applicant's landlord have been paid in full, or that such entities have paid any subcontractors in full. Applicant's submittal of verification that monthly rental payments have been cleared by the bank warranty is sufficient assurance for the BBCRA to award grant funding. Initials Page 9 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435-Phone: (561) 600-9090 www.boyntonbeachcra.com {gs BOYNTO W""""'MOMBEAC ' RA COMMUNffY REDEVELOPMENT AGENCY APPLICANT INFORMATION BUSINESS INFORMATION: Business Name (d/b/a if applicable). -41 b Current Business Address: Fed I D#: °� I Business Phone Number: 4 < Fax: Website: ' ~u Existing Business: Yes No Number of years in existence: Time at Current Location: ti New Business to Boynton Beach: Yes No Do you have an executed lease agreement: Yes No If so, monthly base rent New Business Address: Square footage of current location: Square footage of new location: Type of Business: Number of Employees: Hours of Operation: Page 10 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435–Phone: (561) 600-9090 www.boyntonbeachcra.com BOYN =BEACH R,A COMMUNffY REDEVELOPMENT AGENCY APPLICANT INFORMATION PRINCIPAL/OWNER INFORMATION: (If more than 4 principals/owners additional sheets may be used) 1. Principal/Owner Name: 0 N,a. Date of Birth: ` k Email: x Residential Address: u Cell Phone Number: ` t - w 2. Principal/Owner Name: Date of Birth: Email: 7 Residential Address: Cell Phone Number: 3. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: f 4. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: Page 11 of 15 Rent Reimbursement 100 East Ocean Avenue,0 Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com BOYNTON =BEAC RA COMMUNffY REDEVELOPMENT AGENCY APPLICANT INFORMATION Are you applying for grant assistant under any other program offered by the BBCRA? Yes No If yes, what additional programs are you applying for: Are you receiving grant assistance under any other governmental agencies: Yes_ No If yes, list any additional grant sources and amounts: LANDLORD INFORMATION: Landlord Name: i . ` { 9 m Landlord's Mailing Address: L 0 ktr. 9,o " ,t, _M L Landlord's Phone Number: L t r- c. CERTIFICATION AND WAIVER OF PRIVACY: For purposes of this certification and waiver of privacy, the term "I" refers to the applicant and to all signatories below individually. By signing below, each signatory represents and confirms that he or she is authorized to sign on behalf of the applicant(s). I, the undersigned applicant(s), certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Rent Reimbursement Grant Program, and it is true and complete to the best of my knowledge and belief. I further certify that I am aware of the fact that I can be penalized by fine and/or imprisonment for making false statements or presenting false information. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Beach Page 12 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com BOYNTON" ' B EAC H loom R CO&WUNffY REDRIELOPIVIENT AGENCY APPLICANT INFORMATION Community Redevelopment Agency Commercial Rent Reimbursement Grant Program Rules and Requirements. I understand that this application is not a guarantee of grant assistance, and that award of grants is at the sole discretion of the Boynton Beach Community Redevelopment Agency Board. I understand that the purpose of the grant is to further the Boynton Beach Community Redevelopment Plan, and that the Boynton Beach Community Redevelopment Agency may decline my application for any legal reason, including the reason that granting the award will not further the Community Redevelopment Plan. Should my application be approved, I understand that the Boynton Beach Community Redevelopment Agency may, at its sole discretion, discontinue grant payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer furthering the Boynton Beach Community Redevelopment Plan. To the maximum extent possible, I hereby waive my rights to privacy and confidentiality for all matters contained in my application, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employers or other public or private agency to disclose information deemed necessary to complete this application. I specifically authorize the Boynton Beach Community Redevelopment Agency to run a credit report as part of this application, and understand that information in my credit report, including a record of bankruptcy, may disqualify me from obtaining grant funding. give permission to the Boynton Beach Community Redevelopment Agency or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application are found to be incomplete, it will be not processed. Page 13 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com d 4� BOYNTO RA ...BE1 : , COMMU NffYNG C APPLICANT INFORMATION APPLICANT SIGNATURES: Principal/Owner's Signature Date ' o zort Printed Name :r Title Principal/Owner's Signature Date Printed Name Title 3. Principal/Owner's Signature Date Printed Name Title 4. Principal/Owner's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually STATE OF 00k i 6L CA COUNTY OF BEFORE ME an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared r L- a (,L who is/are personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official sial in the State and County aforesaid on this day of v.20 f . N0 - RY PUBLIC My CoMMi-C-qir-,n-1=-ynirgsz _ Am STACYCANDIA C004alm#HH 117952 Page 14 of 15 PPr Expires August 5,2025 A� ' Bai W Thru Troy Fain Yisuraaae$0WW7019 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435-Phone: (561) 600-9090 www.boyntonbeachcra.com V k & � V r } Ao�jeem B EL BOYN CO.MMUNn t1 'Y REDEVELOPMENT AGENCY LANLORD INFORMATION LAND RD (GNAT- y 4 d'signature Date ,..W � ri ted _ Title 2. Landlord's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures -Multiple notary pages may be used if signing individually STATE OF EWA& COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared bak I A L A A- who is/are personal/ kn to me or produced I as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of AAa tj 20 NOTAFTY PUBLIC My Commission Expires: STACY CANDIA *:Commission M 117952 n Page 15 of 15 Expires August 5,2025 Bonded Thru Troy Fain Insolence @00.3 wo19 Rent Reimbursement - - - 100 East Ocean Avenue,41h Floor, Boynton Beach, FL 33435-Phone: (561) 600-9090 www.boyntonbeachcra.com 5/3/2021 PAPA Maps DOROTHYJACKS - -= ---CFA,AAS 5 Palm Bach Co tyP p rty Appraiser A}gririFrfiiL } ir 1 r yak r uc Search by Owner,Address or Parcel , T}� View Property Record r Owners n 1bY •1j i�>!!),II\�SFtb .BOYNTON BEACH "£ PROPERTY HOLDINGS f� r, t Property DetailI#� � I ..,, 410 EBOY NTOP k.4 ;.. BEACH BLVD A )s i Muii BOYNTON BEAC }}i, a..,.t. No. 084345280300 i BOYNTON TOW N ,< 14860 rage J � , Sale Date JAN 2003 105 E PALM ET , r< , MailingPARK RD 1d,...e.; BOCA RATON I ' 33432 4801 Yoe 1100-STORES lipad S So,u= 3078 t. t.t�. Ilk �., Sales Information JAN-2003alesDate Price 342000 y Dist Ave 'sr� _ ---g s li`tl� )}±a°rye s144SS{{sS FEB-1998 150000 { V JUN-1992 100 MAR-1982 140000 �F JAN 1977 47600 ' Appraisals i `s Tax Year 2020 s.. l a "{ F 1k E C)eaan Aue ��� "�vr:>a ( i�>r r u,. -� �9r I�I�li�i•s - .,E��eara Jsve,,,. K"'F�' �„ r i https://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434528030020050 1/1 ADDENDUM TO COMMERCIAL LEASE DATED MAY 5,2020 This Addendum to that certain Commercial Lease by and between BOYNTON BEACH PROPERTY HOLDINGS, LLC a Florida limited liability company (hereinafter referred to as "Lessor") and GO FRENCH CONCEPT, LLC, a Florida limited liability Company DBA Le Petit Pain, (hereinafter referred to as "Lessee") dated May 5,2020 is attached hereto and made a part hereof(hereinafter referred to as "Lease") and this Addendum is entered into this 10th day of May,2021 by and between BOYNTON BEACH PROPERTY HOLDINGS, LLC a Florida limited liability company (hereinafter referred to as "Lessor") and GO FRENCH CONCEPT, LLC, a Florida limited liability Company DBA Le Petit Pain (hereinafter referred to as "Lessee"). Location of leased space: 410 E. Boynton Beach Boulevard, UNITS A & B, Boynton Beach, Florida 33435 LESSOR AND LESSEE hereby agree to the following terms and conditions: The following provisions are incorporated and made a part of the above referenced Lease. All capitalized terms, unless otherwise defined herein, shall have the respective meanings provided for in the Lease. In the event of any conflict in the provisions set forth in this Addendum with the Lease, the provisions of this Addendum shall control: 1. Lessor and Lessee hereby agree to renew the Lease term for Suites A and B for an additional two (2) year period commencing on_July 1, 2021 through June 30, 2023 at the monthly rental rate listed below. There will be a 3% increase in the base rent for each year. The rent will be due and payable on the first day of each month as follows: July 1, 2021-June 30, 2022: Base Rent - $2,575.00 per month plus 167.38 applicable sales tax totaling $2,742.38. July 1, 2022-June 30, 2023: Base Rent- 2652.25 per month plus, $172.40 applicable sales tax totaling $2,824.65. 2. TERMINATION OF LEASE. Lessor may terminate this Lease by giving six (6) months advanced written notice to Lessee of Lessor's intent to terminate this Lease. Lessor will return any advance rental paid on account of this Lease, less any monies owed to Lessor. Thereafter, Lessor shall be relieved of any and all further obligations whatsoever to Lessee under this Lease. Paragraph 7 LESSEE'S TAXES, UTILITY AND EXPENSES amended to read: During the Term of this Lease, LESSEE shall pay, before the same shall become delinquent, all personal property taxes, sales taxes, and such other taxes as may be payable by reason of operation of LESSEE's business. All applicable real estate property taxes, regular and special shall be paid by LESSOR. f During the Term of this Lease, LESSEE shall pay all charges for all utility c ani s including but not limited to water, dumpster, electric, gas/gas meter, grease trap qd : e ' �tl �L cleaning, pest control including but not limited to rodent control for the benefit of the interior of the Premises and similar services furnished to the Premises for the occupants thereof. In the event, additional water charges are caused by LESSEE(s) neglect to notify LESSOR and/or repair water leakage or properly use interior and/or exterior plumbing including but not limited to open spigots, running toilets, and/or leaky faucets, Lessee(s) agrees to pay these additional water charges to the LESSOR upon demand. LESSEE acknowledges that the utility/water bill will be shared 50% proportionately with the next-door tenant occupying UNIT "C" and LESSEE shall additionally pay all monthly dumpster and sewer costs. LESSEE: shall pay his proportionate share of 60% of the electric bill which electric meter is shared with tenant occupying unit C. This Agreement may be executed simultaneously in any number of counterparts, the signatures for which may be delivered by facsimile or electronically, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. ALL OTHER LEASE TERMS AND CONDITIONS OF THE LEASE ARE HEREBY RATIFIED AND CONFIRMED AND SHALL REMAIN IN FULL FORCE AND EFFECT THRU LEASE RENEWAL PERIODS. THIS AGREEMENT SHALL BE BINDING UPON AND SHALL INURE TO THE BENEFIT OF THE PARTIES, THEIR SUCCESSORS, ASSIGNS, PERSONAL AGENTS AND REPRESENTATIVES. THIS ADDENDUM, UPON ITS EXECUTION BY THE LESSOR AND LESSEE, HEREWITH IS MADE AN INTEGRAL PART OF THE AFOREMENTIONED LEASE AND ALL OTHER TERMS AND CONDITONS, NOT INCONSISTENT HEREWITH, ARE RATIFIED AND APPROVED AND SHALL REMAIN IN FULL FORCE AND EFFECT THRU LEASE RENEWAL PERIOD. SIGNATURES ON FOLLOWING PAGE r i y '4 t ` fr. WITNESSES AS TO ALL: LESSOR: BOYNTON BEACH PROPERTY HOLDINGS, LLC, a Florida limited liability Witness: company r" Print Name: e By Witness: �� A-Ahur B. D'Almeida, Managing Member Print Name: (fit 1 t (In RA C (,t, IA-Vl LESSEE: GO FRENCH CONCEPT, LLC, a Florida limited company D A Le Petit Pain Bym Chuck Omer Bado Managing Member Guarantc °" _ Chuck Omer Bado w d MoD m= Mm O 0 U-1 ❑ a p m O � CD ❑ 3 F (D `° M z O n n Q= r o �' xx r ry r n wC0 0 rt � 0 T' e O Oo 0 H O It d ❑ � ® r: U-11 M + €s' It LJLJ kli ru z z W ti z - m Ln eCOO €3 m m L j Cn t � bl 4�6 A rF � vecurity Features Included Details on Back. OMER C H U K B A D u/'wN GENERAL MANAGER EDUCATION CONTACT ECOLE SUPERIEURE DE COMMERCE( FRANCE) 1971 - 1975 PHONE: ECONOMY 561-232-7322 ACCOUNTING FINANCE WEBSITE: www.lepetitpainfrenchbakery.com INSTITUT DES TECHNIQUES ECONOMIQUES ET FINANCIERES(FRANCE) EMAIL: 1975- 1977 badochuckQgmail.com STUDY OF BUSINESS LAW &APPLICATION l OBBIES WORK EXPERIENCE Soccer SOGEFIA DIRECTOR Swimming 1978-1990 History movies ACCOUNTANCY Ocean Beach SII-FINANCE DIRECTOR 1990-2004 FUNDS NEGOTIATION FOR SMALL BUSINESS BONJOUR BAKERY &GO FRENCH CONCEPT MANAGER 2006-2012 2013-NOW DEVELOPMENT OF FRENCH BAKERY CONCEPT IN FLORIDA COMMERCIAL LEASE This Lease Agreement is made and entered into as of this 5th day of May, 2020, by and between Boynton Beach Property Holdings, LLC, a Florida limited liability company located at 105 East Palmetto Park Road, Boca Raton, FL 33432, hereinafter "LESSOR" and Go French Concept, LLC, a Florida Limited Liability Company,DBA Le Petit Pain whose address is 410 E. Boynton Beach Blvd,Unit A,Boynton Beach, FL 33435 hereinafter"LESSEE". LESSEE hereby offers to lease from LESSOR the premises situated in the City of Boynton Beach, Florida,County of Palm Beach, State of Florida, described as 410 East Boynton Beach Boulevard,Unit A and Unit B,Boynton peach,FL 33435,together with all buildings, improvements and appurtenances located thereabout,thereon or therein. 1. DEMISE LESSOR, for and in consideration of the rents hereinafter reserved, and the terms,conditions,covenants and provisions contained in this Lease,hereby leases to LESSEE,and the LESSEE hereby takes and hires from the LESSOR, subject to the terms and conditions contained in this Lease, the Premises, together with any and all rights, privileges, and easements benefitting,belonging or pertaining thereto. 2. TERM The Term of this Lease shall be one year commencing on the 1st day of July, 2020 (the "Commencement Date") and ending on the 30th day of June,2021, as provided in this Lease. 3. RENT During the Lease term, LESSEE agrees to pay to LESSOR: Year One: Base Rent- $2,500.00 per month plus any applicable sales tax $162.50. Upon execution of this Lease, Lessee shall be required to pay Lessor first month's rent in the total sum of$2,662.50. All Rent required under this Lease shall be payable to the LESSOR at the address set forth herein on the first day of each month. LESSEE shall pay to LESSOR a late fee equal to ten percent (10%) of the outstanding balance due LESSOR for each rental payment not received by the LESSOR within seven (7) days of its due date and a late charge of$50.00 per day far each day hereafter that rent is not received. LESSEE will pay all Rent required under this Lease via monthly ACH Auto Debit transfer to LESSOR'S bank account as follows: Legacy Bank 2300 Glades Road Boca Raton, FL 33431 ABA Bank routing number: #067015999 Account name: Boynton Beach Property Holdings,LLC Account number: #0030005805 In the event any check is returned because of insufficient funds or otherwise that have been submitted to LESSOR for the payment of Rent or other payments due under this Lease, then the check(s) shall be immediately replaced by LESSEE with a cashier's check from a bank in Palm Beach County, Florida or other location where LESSEE has a corporate bank account, and in addition to any late payment penalty provided above, there shall be an additional charge of$100.00 for inconvenience caused to LESSOR for handling the returned check There will be a $100.00 charge for any valid notice letter required under this Lease. Lessee is also responsible for any incurred attorney's fees and costs. 4. RULES AND REGULATIONS LESSEE, at its own cost and expense, shall properly observe and comply with all present and future laws, ordinances, codes, requirements, orders, directives, rules and regulations of all governmental authorities affecting the LESSEE's use of the Premises, including but not limited to making non-structural modifications to the Premises to comply with any state or federal laws or regulations affecting the accessibility of the Premises for disabled persons. 5. RISK OF LOSS All personal property placed or moved into the Premises shall be at the risk of LESSEE or of the owner of such property, and LESSOR shall not be liable for any damage to said personal property, or to LESSEE, arising from the bursting or leaking of water pipes, or from any act of negligence of any co-LESSEE or occupants of the building, or of any other person whomsoever. It is further agreed that LESSOR shall not be liable for any damage or injury by water which may be sustained by LESSEE or other person, or for any other damage or injury resulting from the carelessness, negligence or improper conduct on the part of any person whomsoever, or by reason of the breakage, leakage or obstruction of the water, sewer or soil pipes,or other leakage in or about said building. 6. _SECURITY Upon execution of this Lease,LESSEE shall deposit zero 0'1 dollars with LESSOR representing a security deposit that LESSOR is to retain as security for the faithful performance of all the terms and conditions of this Lease. LESSOR shall not be obligated to apply the security deposit on rents or other charges in arrears, or in damages for failure to perform the terms and conditions of this Lease. Application of the security deposit to the arrears of Rent payments or damages shall be at the sole option of the LESSOR, and the right to possession of the Premises by the LESSOR for non-payment of Rent or for any other reason shall not in any event be affected by the security deposit. The security deposit is to be returned to LESSEE when this Lease is terminated, according to the terms of this Lease, if not otherwise applied by reason of any breach of the terms and conditions of this Lease by LESSEE. LESSEE expressly acknowledges that LESSEE shall not have the right to apply the security deposit to Rent. In no event is the security deposit to be returned until LESSEE has vacated the Premises and delivered possession to the LESSOR. In the event the LESSOR repossesses the Premises because of the default of the LESSEE or because of the failure by the LESSEE to carry out the terms and conditions of this Lease, LESSOR may apply the security deposit to all damages suffered as of the day of repossession and may retain the balance of the security deposit as is applied to repair damages that may accrue or be suffered thereafter by reason of a default or breach of the LESSEE. LESSOR shall not be obligated to hold the security deposit in a separate fund,but may mix the security deposit with other funds of the LESSOR, and LESSOR shall not be obligated to pay interest to LESSEE on the security deposit or advanced rental. As further security for the faithful performance of the terms and conditions of this Lease, LESSEE hereby pledges and assigns to LESSOR all of the furniture, fixtures, goods and chattels of LESSEE, which shall or may be brought or put on said Premises, and the LESSEE agrees that said lien may be enforced by distress, foreclosure or other process of law at the election of LESSOR, and LESSEE agrees to pay reasonable attorneys' fees, together with all costs and charges incurred or paid by the LESSOR by reason of LESSEE's failure to perform any of the terms and conditions of this Lease,which sums shall bear interest at the highest rate permitted by law. 7. LESSEE'S TAXES, UTILITY AND EXPENSES. During the Term of this Lease, LESSEE shall pay, before the same shall become delinquent, all personal property taxes, sales taxes, and such other taxes as may be payable by reason of operation of LESSEE's business. All applicable real estate property taxes,regular and special shall be paid by LESSOR. During the Term of this Lease, LESSEE shall pay all charges for all utility charges including but not limited to water, dumpster, electric, grease trap quarterly cleaning, pest control for the benefit of the interior of the Premises and similar services furnished to the Premises for the occupants thereof. In the event, additional water charges are caused by LESSEE(s) neglect to notify LESSOR and/or repair water leakage or properly use interior and/or exterior plumbing including but not limited to open spigots, running toilets, and/or leaky faucets, Lessee(s) agrees to pay these additional water charges to the LESSOR upon demand. Lessee(s) agrees not to use water from outside spigots. 8. USE OF PREMISES. The Premises shall be used for the operation of bakery and no other purposes whatsoever. There shall be no overnight parking nor any storage on the exterior of the premises. The Premises shall be at all times properly licensed and operated as set forth above. LESSEE recognizes that is it important to LESSOR to keep the use of the subject Premises as set forth herein.; accordingly, any change or termination of the use of the Premises shall be considered a default under the Lease and LESSOR shall be entitled to all remedies as provided for herein. LESSEE acknowledges that LESSOR has made no representation to LESSEE as to LESSEE's use of the Premises and LESSEE confirms and acknowledges that LESSEE has made its own investigation concerning LESSEE's use of the Premises and LESSEE is satisfied with same and accepts the Premises for LESSEE's use"AS IS, WHERE IS". LESSEE shall not use or occupy, nor permit or suffer the Premises, the Property, or any part thereof to be used or occupied for any unlawful or illegal business, use or purpose, nor in any way in violation of any present or future governmental laws, ordinances, requirements, orders, directives, rules or regulations. In addition, in no event shall LESSEE use the Premises for any entertainment.of any kind,be it live, videotape or otherwise. 9. ACCESS TO THE PREMISES_ During all reasonable hours, LESSOR or LESSOR's agents shall have the right, but not the obligation,to enter upon the Premises to examine same,to exhibit the Premises to prospective lessees and during the last 180 days of the term of this Lease or any renewal thereof, to exhibit the Premises to prospective LESSEES, and to make such repairs as may be required of the LESSOR under the terms of this Lease. LESSOR agrees not to unreasonably interfere with the operation of LESSEE's business. LESSOR shall have the right to post a "For Rent" sign the maximum size of 4' X 5' which will be displayed on the store front window during the last one hundred eighty (180) days of the term of the Lease or any renewal thereof. 10. „REPAIRS. LESSOR shall be responsible for the maintenance and repair of the exterior of the building including roof and structural only. Upon LESSEE taking possession and acknowledging that the Premises are in good condition and that all fixtures, equipment and appurtenances are in good working order, and agrees to maintain the Premises, including exterior lawn and landscaping, in the same condition, order and repair as they are at the commencement of this Lease, and agrees to make all repairs and replacements in and about the Premises necessary to preserve them in good order and condition, which repairs and replacements made by LESSEE shall be performed by licensed and insured workmen in equal quality and class to the original work. LESSEE shall promptly pay the expense of any such repairs and/or replacements. LESSEE further agrees to repair, replace and maintain in good and safe condition, including plate glass window, electrical, wiring,plumbing and heating/air-conditioning equipment and any other equipment upon the demised premises and shall surrender the same, at termination hereof, in good condition, normal wear and tear excepted. LESSEE agrees to provide a maintenance contract acceptable to LESSOR on all A/C units. LESSEE shall give written notice to LESSOR prior to making any repairs and/or remodeling of any kind or nature. In the event LESSEE fails to maintain and/or repair the demised premises, as required herein,LESSOR may conduct such maintenance and/or repair as it deems appropriate and recover such costs from LESSEE within ten(10) days of presenting written documentation of such repair and/or maintenance costs. LESSEE is responsible for all maintenance, repair and replacement of all exit signs and fire extinguishers. 11. RENOVATIONS/ALTERATIONS BY LESSEE LESSEE shall not, without first obtaining the written consent of the LESSOR,which consent may be withheld in LESSOR's sole and absolute discretion, make any alterations, additions or improvements to the interior or exterior of the Premises and about the Premises, including but not limited to installing flooring, applying any material whatsoever to the ceiling, doors, and walls, installing equipment, putting holes in the building walls, roof, and/or ceiling. LESSEE agrees not to use or remove the fireplace. LESSEE shall not, without first obtaining the written consent of the LESSOR, which shall not be unreasonably withheld, make any alterations, additions or improvements to the interior or exterior of the Premises and about the Premises, including but not limited to installing and/or removing any flooring,partitions, interior or exterior lighting, equipment or applying any material/stucco or paint, or tinting whatsoever to the ceiling, doors, windows, glass, garage door, walls, or putting holes in the building interior or exterior walls, roof, and ceiling. LESSEE shall not drill holes, alter or attach anything to the framing of the doors and windows located on the Premises. In the event, LESSEE contemplates a possible renovation to interior of the leased premises. LESSEE shall not, without first obtaining the written consent of LESSOR, make any alterations, additions or improvements in, to or about the Leased premises. All work performed on the leased premises shall be done by a licensed general contractor with insurance reasonably acceptable to LESSOR, which insurance shall name LESSOR as an additional insured. Each such contractor shall produce an insurance certificate naming LESSOR as an additional insured during any renovation. All renovation work shall be properly permitted with the City of Boynton Beach and shall comply with all City, County, State and Federal governmental laws, ordinances, requirements, orders, directives, rules or regulations. In the event that LESSEE abandons the renovation project or fails to complete same for any reason whatsoever, LESSOR may, at its option, complete the renovation project and LESSEE shall be responsible to LESSOR for any and all costs and expenses incurred by LESSOR in completing the project. LESSEE shall be required to restore both the interior of the leased Premises to the same condition existing at the time of execution of this Lease, including but not limited to repair and replacing any wall openings.,wall holes or partitions that were removed or altered in any way by the LESSEE. Additionally, LESSEE shall not place any items on the exterior of the Premises including but not limited to; exterior decorative lighting, fixtures, gas .grills, tables, chairs, umbrellas, canopies, awnings, signs, pots, equipment, decorations, flags, or carts without prior written consent of LESSOR. Any violation of these provisions shall constitute an automatic -event of default and LESSEE'S rights under this Lease shall, at the option of the LESSOR, be immediately terminated. (Lessee's initials) 12. INSURANCE During the term of this Lease, the LESSEE shall carry and pay for liability insurance, including insurance satisfactory to Lessor, issued or endorsed to insure the LESSOR and any mortgagees from and against any and all claims, suits, actions, damages and/or causes of action arising during the term of this Lease for any personal injury, loss of life and/or damage to property sustained in and about the Premises, by reason of or as a result of LESSEE's occupancy of, and from and against any order,judgments and/or decrees which may be entered thereon, and from and against all costs, attorneys' fees, expenses and liabilities incurred in and about the defense of any such claim and the investigation thereof, for an amount not less than One Million Dollars ($1,000,000.00) for bodily injury and public liability; and not less than one hundred percent (100%) replacement cost for property damage as determined by LESSOR's insurer including fire, wind and extended insurance coverage. LESSEE shall also carry and pay for Glass Insurance-and Business Interruption Insurance in amounts satisfactory to LESSOR and name LESSOR as additional insured. In addition, LESSEE shall carry and pay for replacement cost, fire, windstorm and extended coverage insurance, to cover the cost of repair or replacement of LESSEE's leasehold improvements. Such insurance shall name the LESSOR and any mortgagees as an additional insured as the LESSOR's and any mortgagee's interests may appear. The insurance policy shall be issued by an insurance company satisfactory to the LESSOR. The LESSEE shall deliver to the LESSOR these insurance policies or copies or certificates thereof immediately upon commencement of the Lease and annually thereafter, upon renewal of the policies, to assure the LESSOR and any mortgagees that the coverage afforded by the policies is being maintained continuously by the LESSEE and that the premiums therefor had been paid by the LESSEE. LESSEE shall also immediately deliver to the LESSOR any notices of termination of insurance coverage. LESSEE shall cause its insurer(s) to provide LESSOR thirty day's written advance notice of any cancellation of coverage. 13. SUBORDINATION This Lease shall be subject and subordinate to any mortgage that now encumbers or-affects the Property or that the LESSOR or any subsequent owners of the Property, may hereafter at any time elect to place on the Premises, including but not limited to a purchase money mortgage which may be held by LESSOR as a seller, and to all advances, extensions, or modifications already made or that may be hereafter made on account of any such mortgage, to the full extent of the principal sum secured thereby and issued thereon. Furthermore, LESSEE shall, upon request, execute any paper or papers that LESSOR's counsel may deem necessary to accomplish such subordination of LESSEE's interest in this Lease, in default of which LESSOR is hereby appointed as LESSEE's attorney-in-fact to execute such paper or papers in the name of LESSEE and as the act and deed of LESSEE,and this authority is hereby declared to be coupled with an interest and irrevocable. 14. ASSIGNMENT AND SUBLEASING LESSEE shall not assign this Lease, or otherwise transfer any interest in this Lease, without the prior written consent of the LESSOR, which consent may be withheld by LESSOR in LESSOR's sole and absolute discretion. No consent to an assignment or sublease shall release LESSEE or any Guarantor from any obligations under this Lease. If LESSEE is a corporation, a transfer of more than 25% of the stock of said LESSEE corporation shall be deemed an assignment for purposes of this Lease. LESSEE shall not sublet portions of the Premises without LESSOR's prior written consent, which shall be in LESSOR's sole and absolute discretion. It is the intention of the LESSOR to prohibit LESSEE from competing with LESSOR in the renting of space in the Property; therefore in the event of any sublease hereunder, LESSOR shall be entitled to receive, in addition to any and all rent otherwise required under this Lease, one hundred (100%) percent of any amount paid to LESSEE, by a sub-LESSEE, above the Rent payable by LESSEE to LESSOR pursuant to this Lease. If a sublease is permitted by LESSOR, LESSEE agrees to furnish LESSOR with a photostatic copy of each sublease made for space in the Premises. LESSEE shall not hypothecate, transfer, pledge or otherwise encumber this Lease or LESSEE's right hereunder nor shall LESSEE permit any such encumbrance. Any attempt at assignment, sublease, pledge, transfer or encumbrance of this Lease without the prior written consent of LESSOR shall be null and void, and a default under this Lease. LESSEE shall and does hereby indemnify and agree to hold LESSOR harmless from any and all liabilities, claims, and causes of action arising under any terms and conditions of this Lease and every sublease, license or concession agreement, unless such liabilities, claims and causes of action arise by reason of a default or breach by LESSOR, or the gross negligent conduct or activity of LESSOR,its agents or employees,under this Lease. If all or any part of the Premises shall be sublet or occupied by anyone other than LESSEE, LESSOR may, after default by LESSEE, collect subrent from any and all subLESSEEs or occupants, and apply the net amount collected to the net annual rent reserved herein, but no such collection shall be, or be deemed to be, a waiver of any agreement, term, covenant or condition of this Lease or the acceptance by LESSOR of any subLESSEE or occupant as LESSEE, or a release of LESSEE from performance by LESSEE of its obligations under this Lease. To secure the prompt and full payment by LESSEE of All Rent in this Lease reserved and the faithful performance by LESSEE of all the other terms and conditions herein contained on its part to be kept and performed, LESSEE hereby assigns, transfers and sets over unto LESSOR, subject to the conditions hereinafter set forth, all of LESSEE's right,title and interest in and to all subleases that may hereafter be made and in and to all concession agreements hereafter made affecting any part of the Premises. 15. INDEMNIFICATION OF LESSOR.In addition to any other indemnities to LESSOR specifically provided in this Lease, LESSEE shall indemnify and save harmless LESSOR against and from all liabilities, liens, suits, obligations, fines, damages, penalties, claims, costs, charges and expenses, including reasonable architects' and attorneys' fees by or on behalf of any person which may be imposed upon or incurred by or asserted against LESSOR by reason of the use and/or occupancy of the Premises or any part thereof, or any surrounding areas, by LESSEE or LESSEE's agents, contractors, servants, employees, licensees or invitees during the term of this Lease. This indemnification shall specifically extend to but shall not be limited to loss or damage arising out of environmental hazards or contamination. The provisions of this Article and the provisions of all other indemnity provisions elsewhere contained in this Lease shall survive the expiration or earlier termination of this Lease for events occurring prior to such expiration or termination. LESSOR shall not in any event whatsoever be liable for any injury or damage to any personal property or to any person happening on, in or about the building being leased, whether belonging to LESSEE or any other person, caused by any fire, breakage, leakage, defect or bad condition in any part or portion of the Premises,howsoever caused unless such injury or damage is caused by the gross.negligence of the LESSOR, its agents or employees, or a breach or default by LESSOR of its obligations under this Lease. LESSEE shall, at its own cost and expense,.if requested by LESSOR, defend any and all suits or actions (just or unjust) which may be brought against LESSOR or in which LESSOR may be impleaded with others upon any such above-mentioned matters, claim or claims. In such event, LESSOR agrees to cooperate and assist LESSEE and LESSEE's counsel in providing documentation, plans, specifications and any other agreements or documents which may be reasonably required by LESSEE and/or LESSEE's agent in order to defend such suit or actions. In addition to the foregoing, LESSEE shall pay to the LESSOR all costs and expenses, including reasonable attorneys' fees (including costs, expenses and attorneys' fees in any appellate proceedings), incurred by LESSOR in any action or proceeding to which LESSOR may be made a party by reason of any act or omission of the LESSEE. 16. RESTRICTION AGAINST CONSTRUCTION LIEN Neither LESSEE nor anyone claiming by, through or under LESSEE, shall have any right to file or place any lien of any kind or character whatsoever on the property and notice is hereby given that no contractor, subcontractor, or anyone else that may furnish any material, service or labor to the property at any time shall be or become entitled to any lien thereon whatsoever. For the further security of LESSOR, LESSEE shall give actual notice of this restriction in advance to any and all contractors, subcontractors, or other persons, firms, or corporations that may furnish any such material, service, or labor. LESSOR shall have the right to record a notice of this provision in the Public Records of the County in which Premises is located. If such lien is filed against LESSOR's interest on the Property, LESSEE shall cause such lien to be released of record or bonded off within fifteen (15) days of LESSEE's knowledge of such lien. 17. CONDEMNATION a. If at any time during the term of this Lease, the whole or materially all of the Premises shall be taken for any public or quasi-public purpose by any lawful power or authority by the exercise of the right of condemnation or eminent domain or by agreement between LESSOR, LESSEE and those authorized to exercise such right, this Lease, the term hereby granted, any rights of renewal hereof and any renewal terms hereof, shall terminate and expire on the date of such taking and the Tent and other sum or sums of money and other charges herein reserved and provided to be paid by the LESSEE shall be apportioned and paid to the date of such taking. b. The term "materially all of the Premises" shall be deemed to mean such portion of the Premises, as when so taken, would leave remaining a balance of the Premises which, due either to the area so taken or the location of the part so taken in relation to the part not so taken, would not allow the LESSEE to continue its business operations, or would not under economic conditions, zoning laws or building regulations then existing or prevailing, readily accommodate a new building or buildings of a nature similar to the building or buildings existing upon the Land at the date of.such taking and of floor area sufficient, together with buildings not taken in the condemnation, to operate LESSEE's business, taking into account all reasonable parking requirements. c. For the purpose of this Article, the Premises or part thereof, as the case may be, shall be deemed to have been taken or condemned on the date on which actual possession of the Premises or a part thereof, as the case may be, is acquired by any lawful power or authority or the date on which title vests therein,whichever is earlier. d. It is farther understood and agreed that if at any time during the Term of this Lease the Premises or the Property or the improvements or buildings located thereon, or any portion thereof, be taken or appropriated, or condemned by reason of eminent domain, the entire award shall be the property of the LESSOR and in no event shall LESSEE receive any portion of any award made to LESSOR. LESSEE shall have the right to make a separate claim for its own damages. C. In the event less than materially all of the Premises shall be taken by governmental authority,then: 1. If the portion so taken does not affect the operation of LESSEE's business, then this Lease shall continue in full force and effect. 2. In the event the portion of the Premises are taken so that LESSEE is able to continue to operate its business, but the operation of such business is reduced by reason of such taking, then the Base Rent shall be reduced proportionately by the same percentage as the square footage of the Premises which have been taken by governmental authority bears to the total square footage of the Premises prior to such taking. 18. DESTRUCTION OF PREMISES a. In the event the entire Premises or materially all of the Premises are destroyed by fire or other casualty, LESSOR shall have the option of terminating this Lease or of rebuilding the Premises and shall give written notice of such election to the LESSEE within thirty (30) days after the date of such casualty. In the event LESSOR elects to rebuild the Premises, the Premises shall be.restored to its former condition within a reasonable time, during which the rent due from LESSEE to LESSOR hereunder shall abate. In the event LESSOR elects to terminate this Lease, Rent shall be paid only to the date of such casualty, and the term of this Lease shall expire as of the date of such casualty and shall be of no further force and effect and LESSOR shall be entitled to sole possession of the Premises. b. The term "materially all of the Premises" shall be deemed to mean such portion of the Premises,-as when so destroyed, would leave remaining a balance of the Premises which due to the amount of area destroyed or the location of the part so destroyed in relation to the part left undamaged would not allow the LESSEE to continue its business operations. C. In the event of a partial destruction which is not materially all of the Premises,the Base Rent shall proportionately abate based upon the square footage of the Premises remaining undamaged and LESSOR shall repair the damage. d. Notwithstanding the foregoing, if the damage or destruction is as a result of the action or inaction of LESSEE or LESSEE's employees, or agents, invitees, or as a result of LESSEE not fulfilling all of its obligations under this Lease, no Rent shall abate and LESSEE shall make all necessary repairs. 19. QUIET ENJOYMENT LESSEE, upon paying the Rent and all other sums and charges to be paid by it as herein provided, and observing and keeping all covenants, warranties, agreements and conditions of this Lease on its.part to be kept, shall quietly have and enjoy the Premises during the term of this Lease,without hindrance or molestation by LESSOR. 20. DEFAULTS Each of the following events shall be an "Event of Default" hereunder: a. Failure of LESSEE to pay any installment of Rent or any part thereof, or any other payments of money, costs or expenses herein agreed to be paid by LESSEE„when due. b. Failure to observe or perform on one or more of the other terms, conditions, covenants or agreements of this Lease and the continuance of such failure for a period of fifteen (15) days after written notice by LESSOR specifying such failure (unless such failure requires work to be performed, acts to be done or conditions to be improved, as the case may be, within such fifteen (15) day period, in which case no default shall be deemed to exist so long as LESSEE shall have commenced curing the same within such 15 day period, and shall diligently and continuously prosecute the same to completion). C. If this Lease or the estate of LESSEE hereunder shall be transferred to or assigned to or subleased to or shall pass to any person or party,except in a manner herein permitted. d. If a levy under execution or attachment shall be made against LESSEE or its property and such execution or attachment shall not be vacated or removed by court order, bonding or otherwise within a period of thirty (30) days. e. A rejection of the Lease by a trustee in bankruptcy appointed in connection with the bankruptcy of the LESSEE. f A failure to vacate the Premises upon termination of the Lease. No payment by LESSEE or receipt by LESSOR of an amount less than the required payment set forth in the Lease, shall be considered as anything other than a partial payment of the amount due. No endorsement or statement to the contrary on any check shall be deemed an accord and satisfaction. LESSOR may accept a partial payment without prejudicing LESSOR's right to recover the balance of such payment which is still due, and without affecting any other remedies available to LESSOR. 21. REMEDIES Upon an "Event of Default" as defined above, LESSOR at its option shall have the following non-exclusive remedies in addition to those provided by law: a. LESSOR may treat the Lease as terminated whereupon the right of LESSEE to the possession of the Premises shall immediately terminate, and the mere retention or possession thereafter by LESSEE shall constitute a forcible detainer. b. LESSOR may terminate LESSEE's right of possession, without the termination of this Lease, in which event LESSOR shall have the right to relet the Premises as the agent for the LESSEE and to hold the LESSEE responsible for any deficiency between the amount of Rent realized from such reletting, including but not limited to renovation and repair expenses, Brokerage Expenses, and the amount which would have been payable by LESSEE under the terms of this Lease. No re-entry or repossession by the LESSOR shall serve to terminate this Lease,unless the LESSOR so elects in writing, nor shall it release LESSEE from any liability for the payment of any Rent stipulated to be paid pursuant to this Lease or for the performance or fulfillment of any other term or condition provided herein. C. LESSOR may declare all the installments of Rent for the whole term of this Lease to be immediately due and payable at once without further demand, in which event all sums payable to the LESSOR shall bear interest from the date of default at the highest rate permitted by law. d. LESSOR shall have the right to take no immediate action and to hold the LESSEE responsible for the Rent as it becomes due. e. Any Base Rent which was abated or waived by LESSOR shall also be immediately due and payable by LESSEE-to LESSOR. f In the event of a holdover by LESSEE after the termination of this Lease, LESSOR shall have the right to collect double the amount of Base Rent. In addition, LESSEE shall be responsible for any cost or expenses incurred by LESSOR as a result of such holdover, including but not limited to any damage incurred by LESSOR as a result of LESSOR's inability to make the premises available to a new LESSEE. 22. ATTORNEYS' FEES In the event of any litigation arising out of this Lease, the Losing party shall pay to the Prevailing Party all costs and expenses,including reasonable attorneys' fees (including appellate proceedings)which the Prevailing Party may incur. 23. CERTIFICATES Either party shall, without charge, at any time and from time to time hereafter as may be commercially reasonable, within fifteen(15) days after written request of the other, certify by written instrument duly executed and acknowledged to any mortgagee or purchaser, or proposed mortgagee or proposed purchaser, or any other person, firm or corporation specified in such request: a. As to whether this Lease has been supplemented or amended, and if so, the substance and manner of such supplement or amendment; b. As to the validity and force and effect of this Lease, in accordance with its tenor as then constituted; and C. As to any other matters as may reasonably be so requested. Any such certificate may be relied upon by the party requesting it and any other person, firm or corporation to whom the same may be exhibited or delivered, and the contents of such certificate shall be binding on the party executing same. Should any banking institution, savings and loan association or other institutional lender to whom LESSOR is applying for a loan which, if granted, would make such lender a LESSOR's mortgagee, request reasonable modification in this Lease, the effect of which would not make a change in the rental or other economic terms of this Lease or increase LESSEE's expenses or the risk to which LESSEE is exposed, LESSEE agrees that it shall not unreasonably withhold its agreement to such modification. 24. RADON GAS Radon is a naturally occurring radioactive gas that when it has accumulated in a building in sufficient quantities may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 25. STORMS LESSEE agrees to exercise reasonable care to protect the Premises and Property in the event a public warning should be issued that the Premises are threatened by a hurricane,tornado or storm of similar magnitude. 26. LESSOR'S RIGHT TO PERFORM LESSEE'S COVENANTS If LESSEE shall at any time fail to make any payments iri accordance with the provisions hereof, or to take out, pay for, maintain or deliver any of the insurance policies provided for herein, or shall fail to make any other payment or perform any other act on its part to be made or performed,then LESSOR, after seven(7) days notice to LESSEE (without notice in case of an emergency) and without waiving or releasing LESSEE from any obligation of LESSEE contained in this Lease, may (but under no obligation to): a. Pay any amount payable by LESSEE pursuant to the provisions hereof, or b. Make any other payment or perform any other act on LESSEE's part to be made or performed as in this Lease provided, and may enter upon the Premises for the purpose and take all such action thereon as may be necessary therefor. All sums so paid by LESSOR and all costs and expenses incurred by LESSOR in connection with the performance of any such act, shall bear interest at the highest rate allowed by law. 27. NOTICE Any notice, designation, consent, approval or other communication required or permitted to be given pursuant to the provisions of this Agreement shall be given in writing and shall be sent by registered or certified mail, postage prepaid, return receipt requested, addressed to the addresses set forth on the first page of this Lease. Notice may also be given by hand-delivery. Either part. may, by notice given in accordance with the provisions in this section, designate any further or different address to which subsequent notices, designations, consents, approvals or other communications pursuant to the provisions of this Agreement shall be sent. Any notice, designation, consent, approval or other communication shall be deposited in any post office or official depository of the United States Postal Service in the State of Florida. 28. HAZARDOUS MATERIAL LESSEE shall not knowingly cause or permit any hazardous material to be brought upon, kept, or used in or about the Premises by LESSEE, its agents, employees, contractors or invitees. If the Premises are, through LESSEE's fault, contaminated by hazardous materials, then LESSEE shall indemnify, defend and hold LESSOR harmless from any and all claims,judgments, damages,penalties, fines, costs, liabilities or losses (including without limitation, diminution in value or useable space or of any amenity of the Premises), damages arising from any adverse impact on marketing of space, and sums paid in settlement of claims, attorney's fees, consultants fees and expert fees (including any appeals) which arise during the lease term as a result of any such contamination. This indemnification by LESSEE includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean up, remediation, removal or restoration work required by any federal, state or local government agency or political subdivision because of hazardous material present in the soil or ground water on or under the Premises. Without limiting the foregoing, if the presence of any hazardous material on the Premises is detected, LESSEE shall promptly take all actions at its sole expense as are necessary to return the Premises to the condition existing prior to the contamination or introduction of such hazardous material to the Premises; provided, however, that LESSOR's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld, so long as such actions would not potentially have any material adverse effect on the Premises. As used herein, the term hazardous materials means any hazardous or toxic substance, material or waste, which is or becomes regulated by any local government authority,the State of Florida or the United States government. The term "hazardous material" includes, without limitation, any material or substance that is (1) defined as a "hazardous substance" under appropriate state law provisions, (2) petroleum, (3) asbestos, (4) designated as a "hazardous substance" pursuant to Section 311 of the Federal Water Pollution Control Act (33 USC 1321), (5) defined as a hazardous waste pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, (42 USC 690), (6) defined as a hazardous substance pursuant to Section 10 of the Comprehensive Environmental Response, Compensation and Liability Act (42 USC 9601), or (7) defined as a regulated substance pursuant to Sub-Chapter VIII, Solid Waste Disposal Act (the regulation of underground storage tanks), (42 USC 4991). 29. LESSEE'S BUSINESS None of the provisions of this Lease shall be deemed or construed as reserving to LESSOR any right to exercise any control over the business or operations of LESSEE conducted upon the Premises or to direct in any respect the details or manner in which any such business relationship other than a LESSOR/LESSEE relationship is found. LESSEE is an independent businessperson and neither LESSEE nor any party or parties employed by LESSEE are agents, servants or employees of LESSOR and LESSEE agrees that in LESSEE's dealing with the public, LESSEE will not represent or hold its employees as agents, servants or employees of LESSOR. 30. SIONS LESSEE shall be responsible for the cost of an outdoor building sign,installation and permit fees/costs. Outdoor building sign must comply with city sign regulations. The outdoor building sign shall be the similar in style, size and color as the other signs and must be approved by the LESSOR in writing prior to city permit and installation. LESSEE shall remove the outdoor building sign, repair holes and paint the area where signed appeared prior to the expiration of Lease at LESSEE's expense. LESSOR allows business signage to be professional installed by a licensed sign company on the plate glass window area only in a designated area. The color, size style and installation to be approved in writing by LESSOR prior to installation. LESSOR allows the establishment's business name/logo to be placed in specific areas on the storefront entrance door glass and plate glass window, which can be removed without damage to the glass. LESSEE agrees to use the sign company designated by the LESSOR for the signage on the storefront entrance glass door and plate glass window. LESSEE agrees not to tint any plate glass windows or entrance doors. Prior to the Lease expiration, Tenant at Tenant's expense agrees to remove all business glass signage. LESSEE shall be responsible for the cost of all signage and signage removal. LESSEE agrees not to place any advertisements, signs, or decorations on the plate glass window and no attachments, curtains,window treatment or any other kind of decoration are to be installed on the windows, window metal frames, doors, or door frames. No attachments and/or signage/lettering of any kind are allowed on the interior or exterior of the rear doors. LESSEE shall not allow/hire or permit any person to hand hold any signage/advertising thing or decoration of any kind whatsoever on or about the Property or adjoining street or sidewalk. 31. PROHIBITED USE: LESSEE acknowledges that it is the intent of LESSOR and the adjoining tenants that the building be occupied and operated by appropriate professional or retail tenants, so as to maintain the professional quality appearance of the Building. In accordance with the foregoing, LESSEE agrees that the premises shall not be used for the following purposes, which following list of purposes is not exhaustive: (i) establishments providing adult- type entertainment or displays of a variety involving or depicting nudity or lewd acts; (ii) a massage parlor; (iv) a facility that sells paraphernalia for use with marijuana or other illicit drugs; (v) a facility for the sale or display of pornographic (as determined by community standards for the area in which the Premises is located) material; (vi) a dance club or discotheque, an establishment selling primarily alcoholic beverages (i.e. bar), a full service sit- down restaurant, off-track betting business, billiard or pool hall, bingo or similar games of chance, game arcade,nightclub or flea market; (vii) any use which involves the raising, breeding or keeping of any animals or poultry; (viii) any illegal, dangerous or unsafe uses; (ix) a drug or alcohol rehabilitation or treatment center; (x) a liquor store; (xi) a laundry mat; (xii) a hair/nail salon ; (xiii) pawn shop; or (xiv) a convenience store (akin to a 7-Eleven, Kwik Stop or other similar establishment) selling alcohol, lottery tickets and the like; or a smoking/vapor lounge. LESSEE shall not allow any noxious odors to occur within the Premises. 32. MISCELLANEOUS The parties further agree asfollows: a. The covenants, conditions and agreements contained in this Lease shall bind and inure to the benefit of LESSOR and LESSEE and their respective heirs, successors, administrators,representatives and permitted assigns. b. This Lease and the performance thereof shall be governed, interpreted, construed and regulated by the laws of the State of Florida. C. The rights of the LESSOR under the terms of this Lease shall be cumulative, and failure on the part of LESSOR to exercise promptly any rights given under the terms of this Lease shall not operate to forfeit any of said rights nor shall the same be deemed a waiver of such rights. d. The parties acknowledge that each has had the opportunity to have this Agreement reviewed by counsel and notwithstanding the fact that this Agreement was initially drafted by Arthur B. D'Almeida, P.A., the attorneys for LESSOR, all parties have participated equally in the final wording of this Agreement, and in the event of any dispute regarding the meaning of any of the terms herein, such terms shall not be construed against the LESSOR and/or Arthur B. D'Almeida, P.A. e. This Lease shall not be recorded in the Public Records. f This Agreement represents the entire understanding between the parties, and supersedes all prior agreements, oral or written, and this Lease Agreement may not be amended except by an instrument in writing signed by the parties hereto. g. The submission of this document for examination does not constitute an option or offer to lease space at the Property. This document shall have no binding effect on the parties unless executed by the LESSOR and the LESSEE and a fully executed copy is delivered to the LESSEE. h. The LESSOR and LESSEE understand and agree that TIME IS OF THE ESSENCE of all of the terms and provisions of this Lease agreement. L If any term, covenant, condition, or provision of this Lease or the application thereof to any person or circumstance shall, at any time or to any extent, be invalid or unenforceable, the remainder of this Lease, or the application of such term or provision of persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term, covenant, condition, and provision of this Lease shall be valid and be enforced to the fullest extend permitted by law. j. No Judgment shall be taken against any partner, subsidiary, officer, shareholder, director, employee, sister corporation or agent of LESSOR and no Writ of Execution shall be levied against the assets of any partner, subsidiary,officer, shareholder, director, employee, sister corporation or agent of LESSOR. Any liability of LESSOR shall be limited to LESSOR's interest in the Property. k. LESSEE and LESSOR acknowledge and confirm that there are no fixtures, furnishings or equipment located in the Premises that are included in the Lease, the same to be removed by LESSEE utilizing reasonable care and transported to LESSOR's transport facility. 33. BANKRUPTCY Notwithstanding anything herein to the contrary, in the event LESSEE is the subject of any bankruptcy (including reorganization or arrangement proceedings pursuant to any bankruptcy), voluntary or involuntary, then LESSOR shall have the right to terminate this Lease. 34. LESSEE agrees that no smoking shall be allowed inside the Premises. 35. LIMITATION OF LIABILTIY Notwithstanding any contrary provision of this Lease: (i) Tenant will look solely(to the extent insurance coverage is not applicable or available)to the interest of Landlord(or its successor as Landlord hereunder)in the Building for the satisfaction of any judgment or other judicial process requiring the payment of money as a result of any negligence or breach of this Lease by Landlord or its successor or of Landlord's managing agent (including any beneficial owners,partners, corporations and/or others affiliated or in any way related to Landlord or successor or managing agent) and Landlord has no personal liability hereunder of any kind,and (ii)Tenant's sole right and remedy in any action or proceeding concerning Landlord's reasonableness (where the same is required under this Lease)will be an action for declaratory judgment and/or specific performance. 36. JURY TRIAL WAIVER THE PARTIES HEREBY WAIVE ANY RIGHTS TO A TRIAL BY JURY IN ANY ACTION BASED UPON OR ARISING OUT OF OR IN CONJUNCTION WITH THIS LEASE. 37. TERMINATION OF LEASE: LESSOR AND LESSEE agree that in the event the LESSOR decides to remodel, alter, or demolish all or any part of the Premises leased hereunder, or in the event of the sale, transfer for value by LESSOR herein or long-term lease, of all or any part of the Premises requiring this space,the LESSOR herein, its successors or assigns shall have the option to cancel this Lease and the term hereof by written notice to the LESSEE at least one hundred eighty(180) days prior to the effective date of such cancellation ("Cancellation Date") and this Lease and the term hereof shall end and expire on the Cancellation Date set forth in such notice as if such date were the date originally set forth herein for the end or expiration of this Lease and the term hereunder. LESSEE hereby agrees to vacate the Premises on or before the Cancellation Date, and the LESSOR will return any advance rental paid on account of this Lease, less any monies owed LESSOR. Thereafter, LESSOR shall be relieved of any and all further obligations whatsoever to LESSEE under this Lease. 38. PARKING/STORAGE No overnight or storage parking allowed on Premises. LESSOR has the right to have LESSEE immediately remove any unauthorized vehicle or any vehicle the LESSOR considers inoperative,in disrepair, expired registration, are being stored or of poor appearance. LESSOR shall be sole judge of when a vehicle is in one of these conditions. LESSOR shall not be responsible for any damage to any vehicle on the Premises.No repair or maintenance of any type of any vehicle is to be conducted on the Premises.NO EXTERIOR STORAGE OF ANY KIND WHATSOEVER IS ALLOWED. 32 REAL ESTATE COMMISSION. LESSEE represent that no real estate agency is involved in the leasing of the subject Premises and agrees to hold the LESSOR harmless against any claim made through LESSEE for Broker commissions. 40. CONFIDENTIALITY. LESSEE acknowledges and agree that, except as provided in the following sentence, the terms, conditions, provisions, covenants and agreements of this Lease are to remain confidential for LESSOR benefit, and may not be disclosed by LESSEE to anyone, by any manner or means, directly or indirectly, without LESSOR prior written consent. Notwithstanding the preceding sentence to the contrary LESSEE shall have the right to disclose the terms, conditions, provisions, covenants and agreements of this Lease to their respective attorneys, accountants, lenders and any potential assignee of the Lease or subLessee of the Premises. Any violation of this covenant by LESSEE shall be deemed a default under this Lease and subject to any and all remedies at law and equity, including with limitation the termination of the Lease and the eviction from the Premises. IN WITNESS WHEREOF,the parties have hereunto set their hands and seals the day and year first above written. WITNESSED: LESSOR: BOYNTON DEACH P _ ' 1 Y is .s ^� E.=.(print name) �Lk,` ,LLC,INCA' a Fl i liabili y ✓ .t WitnessjqM e,(print name) A .B.D'Almeida,Managing Member WITNESSED: LESSEE: GO FREN CONCEPT, LLC, DBA, 11fle it Pam ness " _ -- - J av (print name) CHUCK OMER BADO,Ma ding Memh y Witness (print name) F, WITNESSE Guarantor: ' r Wi ess �. �—.... CHUCK OMER BADO .� (print name) 661r Witnes `�- _._ _... (print name) 1 I, B E AC H C R A COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: June 8, 2021 CONSENT AGENDA AGENDAITEM: 11.F. SUBJECT: Approval of Commercial Rent Reimbursement Grant Program in the Amount of $6,150 to Art- Sea Living, Inc. located at 412 E. Ocean Avenue, Unit 1 SUMMARY: The CRA's Commercial Rent Reimbursement Grant Program provides qualified new or expanding businesses located within the CRA District boundaries with rent payment assistance for a maximum period of 12 months. CRA staff has received a complete grant application from Art-Sea Living, Inc. located at 412 E. Ocean Avenue, Unit 1, Boynton Beach, FL 33435 (see Attachments I - II). Art-Sea Living has been serving the South Florida area as a multifunctional art studio and boutique gallery. Art-Sea Living provides art classes, art camp and private parties & event. The boutique gallery offers apparel,jewelry, accessories, home decor, local art and handmade items. For the past four years, Art-Sea Living, Inc. operated out of their location at 112 S. Federal Highway, Unit 7, also located within the CRA boundaries. Due to the upcoming development of the property, the tenants of the plaza must move out. Thankfully, Art-Sea Living was able to stay in the CRA area by renting a commercial space on Ocean Avenue. As an arts studio, Art-Sea Living employs approximately four employees ranging from full-time and part-time positions for art teachers and art sales. In addition to her location on Ocean Avenue, Art-Sea Living will be expanding class offerings in the newly renovated Cultural Center which will provide employment for three additional artists/teachers. Under the terms of their Landlord-Tenant Lease Agreement, the base rent required to be paid by the applicant is $1,025 per month (see Attachment 111). Art-Sea Living qualifies as a Tier I I business (as specified in the grant application) and would receive reimbursement for one-half of their monthly rent amount or maximum grant amount of $1,250 per month for a 12 month period, whichever is less. If approved, Art-Sea Living, Inc. would be reimbursed in the amount of $512.50/month for a period of 12 months or a total grant amount of $6,150 during its first year of business. Grant reimbursements to the approved applicant occur on a monthly basis with proof of rent payments. FISCAL IMPACT: FY2020-2021 Budget, Project Fund, Line Item 02-58400-444, $6,150 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approval of the Commercial Rent Reimbursement Grant in the amount not to exceed $6,150 to Art-Sea Living, I nc. located at 412 E. Ocean Avenue, Unit 1, Boynton Beach, FL 33435. ATTACHMENTS: Description D Attachment I -Commercial Rent Reimbursement Grant Application D Attachment II - Location Map D Attachment III - Lease BOYNTON� CRA =BEACH AGENCYCOMMUNITY REDEVELOPMENT October 1, 2020 - September 30, 2021 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY COMMERCIAL RENT REIMBURSEMENT GRANT PROGRAM Program Rules and Regulations The Commercial Rent Reimbursement Grant Program is designed to help facilitate the establishment of new businesses and aid in the expansion of existing businesses within the Boynton Beach Community Redevelopment Agency (the "BBCRA") Area. The program is designed to provide financial assistance to new and existing businesses in the form of rent reimbursement intended to help businesses during the critical first year of operation. The BBCRA reserves the right to approve or deny any Commercial Rent Reimbursement Grant Program application and to deny payment at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives established for redevelopment of the BBCRA Area. The receipt of past payments is not a guarantee of future payments. For purposes of this application, the term "new business"means a company in operation for less than one year or relocating to Boynton Beach.The term"existing business"means a company that has been in operation within the BBCRA Area for a minimum of two years at the time of application and has at least two years remaining on its existing lease. The Boynton Beach BBCRA is a public agency and is governed by the "Florida Public Records Law"under Florida State Statutes, Chapter 119.Any documents provided by the Applicant(s) may be produced by the BBCRA upon receipt of a public records request, subject to any exemptions provided by Florida Law. Initials Page 1 of 15 Rent Reimbursement 100 East Ocean Avenue,4t'Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com Incentive Funding The Commercial Rent Reimbursement Grant Program offers financial assistance through a reimbursable grant in the form of a monthly rent reimbursement for the first 12 months of business with the option to request an additional 6 months of reimbursement, which may be granted at the discretion of the Board. New businesses are eligible to apply for assistance for up to one year from the issuance of the City of Boynton Beach Business Tax Receipt. Rent Reimbursements will not be paid until all construction has ended, permits are closed out, City and County licenses are obtained, and the business is open for operation under a Temporary Certificate of Occupancy (TCO) or a Certificate of Occupancy (CO). For businesses that do not require any construction work, rent reimbursements will not be Paid until City and County licenses are obtained and the business is open for operation. On a monthly basis, the BBCRA will issue reimbursement directly to the applicant. Reimbursement is for the monthly rent payment made to the landlord, and is dependent upon receipt of verification that the payment has been cleared by the bank. The responsibility for all rental payments is between the parties to the lease, (the tenant and the landlord). As grantor, the BBCRA does not bear or accept any responsibility for payment of rent at any time, or for penalties incurred for the late arrival of payments by any party. Applicants are also encouraged to connect with CareerSource Palm Beach County which is a State organization providing various free programs to assist Palm Beach County businesses. CareerSource Palm Beach County has a dedicated team of career counselors, business coaches and training providers to help area businesses stay competitive through training grants and talent acquisitions and also provide assistance in posting available jobs, recruiting and hiring, and training opportunities. For more information regarding CareerSource Palm Beach County visit their website at careersourcepbc.com. Initlals Page 2 of 15 Rent Reimbursement 100 East Ocean Avenue,41 Floor, Boynton Beach,FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com ,fkrr< Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding: • Applicant must be a new business, or an existing business that is expanding in size. • Applicant must be the business entity (or dlb/a) named and the principal owners named on the corporation documents, and must be the landlord or business owner of the company occupying the property to be improved. • Must be located within the BBCRA Area (see attached map). • Must provide proof that the business is properly licensed by all necessary levels of government and professional associations or agencies (copies of city and county licenses or receipts that the licenses have been applied for). • Non-profit and residentially zoned properties are NOT eligible. • An existing business must expand to occupy more than 50% of its current square footage size or open a second location within the B13CRA Area. Verification of this threshold must be provided in the application package. Exceptions to this rule may be made at the discretion of the BBCRA Board if the tenant is losing their current space due to redevelopment of the Site, • The Applicant's Experian consumer credit report must reflect an acceptable level of financial stability, as determined in the sole discretion of the BBCRA Applicants must have an Experian credit score of 601 or higher and have no listed history of bankruptcy to be eligible. If there is more than one business owner, the majority of the business owners must have credit scores of 601 or higher to be eligible. • Applicant must have an executed multi-year lease with at least two years remaining on the lease. • Proposed leases must be executed within 30 days of BBCRA Board approval or the grant award is terminated. • The Commercial Rent Reimbursement Grant Program may only be used one time by any one speck business entity or business owner. • Grantees shall allow the BBCRA the rights and use of photos and project application materials. iriibals,�,�r Page3of15 ` Rent Reimbursement 100 East Ocean Avenue,41'Floor, Boynton Beach,FL 33435-Phone: (561)600-9090 www.boyntonbeachcra.com • The BBCRA Board may give preference to local businesses. For purposes of this grant, local business means a duly licensed business entity with an office location in Palm Beach County. Ineligible Businesses The following businesses are considered ineligible for assistance under the Commercial Rent Reimbursement Grant Program: • Firearm Sales/Shooting Range • Convenience Store • Religion-Affiliated Retail Stores • Churches/places of worship • Non-profit organizations • Take-out Foods • Check Cashing Stores . Tattoo Shops/Body Piercing/ • Kava Tea Bars Body Art Shops • Adult Entertainment . Liquor Stores • Adult Arcades • Vapor Cigarette, E Cigarette Stores • Alcohol and/or Drug Rehabilitation . Pawn Shops Centers/Housing . Any other use that the BBCRA staff • Massage/Personal Services or BBCRA Board determine will not • Auto Services Facilities — repair, support the redevelopment of the storage, sales, etc BBCRA Area • CBD Retail Stores, etc. • Medical Research Centers/Housing Grant Terms and Conditions This grant is divided into two tiers of eligibility. Businesses are classified into tiers based on the type of business, which then determines the amount of eligible funding. Grant funding amounts will be based on the applicant's project budget specified at the time of BBCRA Board approval. Tier One Business Tier One Businesses are eligible for reimbursement for up to half(50%) of the business's base monthly rent or$1,750 per month,whichever is less(maximum amount of the grant is $21,000, distributed in four monthly payments). Initials Page 4 of 15 Rent Reimbursement 100 East Ocean Avenue,41 Floor,Boynton Beach,FL 33435—Phone:(561)600-9090 www.boyntonbeachcra.com Tier One Businesses must be one of the following types of businesses: • Restaurant • Bakery • Gourmet Food Market Tier Two Business Tier Two Businesses are eligible for reimbursement for up to half(50%)of the business's base monthly rent or$1,250 per month,whichever is less(maximum amount of the grant is$15,000, distributed in four monthly payments. Examples of Tier Two Businesses include, but are not limited to, the following types of businesses: ✓• Home 136cor/Design—home : Clothing Boutique—clothing, furnishings, art galleries, kitchen shoes &accessories wares • Law Offices • Accounting Offices • Hair/Nail Salons (no more than 2 • Real Estate Offices approvals per fiscal year) • Marketing Offices • Medical Offices • Fitness Centers . Insurance Offices ✓• Specialty Businesses—stationary, • Florists (no more than 2 approvals gifts, sporting goods per fiscal year) Lease Terms If the applicant is a tenant, it must have a proposed or executed multi-year lease with a minimum of two years remaining on the lease. The commercial lease must define the landlord-tenant relationship and at minimum provide the following information: A description of the space being rented, including square footage and a drawing of the space; Description of utilities that are the tenant's responsibility; • Rental rate and deposits along with terms of lease and methodology for future rent increases; Responsible party for interior and exterior repairs and/or improvements; Insurance requirements; Initials Page 5 of 15 Rent Reimbursement 100 East Ocean Avenue,4"'Floor,Boynton Beach,FL 33435—Phone:(561)600-9090 www.boyntonbeachcra.com • Ability to terminate; and • Consequences of default on the lease. For purposes of this paragraph, the term "subject property" means the leased premises of the grant recipient, for which the applicant or grant recipient is seeking rental reimbursement, or any part thereof. Grant recipients are prohibited from subletting the subject property. If a grant recipient sublets the property, the grant recipient will be required to repay the BBCRA for all grant money received up to that point and will not be eligible to receive any further grant funding. For purposes of this grant, the BBCRA considers the following to be subletting: A) executing a sublease,assignment, or similar agreement with an entity that is not the grant recipient, B) allowing the subject property to be occupied by any business entity in which the grant recipient is not listed as the registered agent, owner, officer or director of said business, or assisting such a business in so doing; C) allowing or assisting a business entity other than the grant recipient to list its place of business as the subject property; or D) allowing or assisting a business entity other than the grant recipient to obtain a business tax license from the City of Boynton Beach for the subject property. The fact that a business entity other than the grant recipient occupies the subject property, lists its place of business as the subject property, obtains a business tax license for the subject property, or similarly appears to use the subject property is sufficient evidence that the grant recipient has allowed or assisted such other business entity to do so and is grounds for termination of any further grant payments and seeking reimbursement for previously paid grant payments. However, it shall not be considered a prohibited subleasing when the business purpose of the applicant is to provide a space for aspiring businesses, such as when the applicant is a business incubator, commissary kitchen, or business that provides co-op workspace. The BBCRA will determine whether a certain applicant fits into the exception described in this paragraph on a case-by-case basis. Application Process Applications can be obtained from the BBCRA office located at 100 East Ocean Avenue, 4t' Floor, Boynton Beach, FL 33435 or downloaded from www.boyntonbeachcra.com. All applicants are required to meet with BBCRA staff in order to determine eligibility before Initials Page 6 of 15 Rent Reimbursement 100 East Ocean Avenue,41'Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com submitting an application. Applications will not be considered until all required documentation is submitted to the BBCRA office. Application to this grant program is not a guarantee of funding. Funding is at the sole discretion of the BBCRA Board. Applicants must submit an original, "hard copy" application with all materials to the BBCRA for review and approval by the BBCRA Board. Applicants will be considered on a first-come, first served basis. Application packets must include the following documentation: 1. A non-refundable fee of$100,which will be used to obtain a consumer credit report on the business and principal/owners of business. Make check payable to: Boynton Beach CRA. 2. Resume for each principal/owner of the business. � — 3. Copy of the corporate documents for the applying business entity. V4. Copy of City and County Business Licenses (Business Tax Receipt). 5. Copy of executed multi-year commercial lease agreement. 6. Two years of corporate tax returns(for existing businesses only). 7. Twolear§�6 I pOnoipatIdWhri6fii ew <Or 8. List of jobs to be created and filled including job descriptions,pay range and weekly schedule. For existing businesses, provide a list of all_current positions including job descriptions,-pay range and-weekly schedule. 9. If applicant is an existing business expanding to occupy more than 50% of its current square footage size, verification of this threshold must be provided in the application package. Exceptions to this rule may be made at the discretion of the BBCRA Board if the tenant is losing their current space due to redevelopment of the site. 10.Completed and signed application (attached). x/11.Authorization to perform credit check for the business and each principal/owner of the business(attached). x/12.W9 Form and Vendor Application (attached). / t Approval of Funding Rgquest V All required application documentation must be submitted no later than noon two weeks prior to the second Tuesday of the month. BBCRA staff will review the application to Initials- p, Page 7 of 15 Rent Reimbursement 100 East Ocean Avenue,4t'Floor,Boynton Beach,FL 33435—Phone:(561)600-9090 www.boyntonbeachcra.com s a evaluate whether the applicant is eligible for reimbursement. If it meets these requirements, BBCRA staff will present the funding request to the BBCRA Board for review and potential approval. In order to request the 6-month extension, the applicant must submit a presentation at the completion of the 12 months of rent reimbursement,outlining how their first year went and requesting the additional 6 months of rent reimbursement. The presentation must be submitted no later than noon two weeks prior to the second Tuesday of the month The BBCRA Board meets on the second Tuesday of each month. The schedule for BBCRA Board meetings can be obtained at www.boyntonbeachcra.com. Applicants will be notified of the date and time that their applications will be considered by the BBCRA Board. The BBCRA recommends that applicants attend the BBCRA Board meeting during which the Board will consider their applications in order to answer any questions the BBCRA Board may have regarding their applications. BBCRA staff will notify the applicant of the BBCRA Board's approval or denial in writing. Site Visits BBCRA may conduct a site visit prior to transmitting the application to the BBCRA Board and once the project is completed. Staff may also conduct unannounced site visits before, during and after the project in order to determine and ensure compliance with the terms of the grant. Procedures for Reimbursement Monthly rent reimbursement payments will be provided to the grant recipient beginning the first month the business is open for operation subsequent to BBCRA Board approval. A maximum of 12 consecutive monthly rent payments are eligible to be reimbursed to the approved applicant, with the option to request an additional 6 months. Reimbursement will occur on a monthly basis. Following the initial Reimbursement Request,each reimbursement request shall be made within 30 days of the start of the next month. Initials'' Page 8 of 15 —4z Rent Reimbursement 100 East Ocean Avenue,41'Floor,Boynton Beach,FL 33435–Phone:(561)600-9090 www.boyntonbeachcra.com In order to receive monthly rent reimbursement the grant applicant must submit the following: 1. Written request for reimbursement. 2. Proof of rent payments (i.e., copies of the front and back of cancelled checks for that month's reimbursement or proof of direct deposit). If applicant does not submit its monthly reimbursement request within 30 days following the end of the next month in which agglicant is requesting reimbursement, applicant forfeits that month's reimbursement. Discontinuation of Payment The receipt of past payments does not guarantee future payments. The BBCRA retains the right to discontinue rent reimbursement payments at any time at its sole and absolute discretion. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the property. Nor shall issuance of a grant result in any obligation on the part of the BBCRA to any third party.The BBCRA is not required to verify that entities that have contracted with the applicant or applicant's landlord have been paid in full, or that such entities have paid any subcontractors in full. Applicant's submittal of verification that monthly rental payments have been cleared by the bank warranty is sufficient assurance for the BBCRA to award grant funding. Initials Page 9 of 15 Rent Reimbursement 100 East Ocean Avenue,4"'Floor,Boynton Beach,FL 33435—Phone:(561)600-9090 www.boyntonbeachcra.com } BOYNTON "091'"M BEACH , RA REDEVELOPMENTCOMMUNITY APPLICANT INFORMATION BUSINESS INFORMATION: Business Name (d/b/a if applicable): fit'- Sef;. LA %/)'A n . -1VI C - Current Business Address: Fed ID#: 1 i- 3io939 44 Business Phone Number. ( " -7 3-)'2- b OL Fax: _ Website: ✓✓+Sect L-► ✓I►-) E7 ,C 0"✓1 Existing Business: Yesy' No Number of years in existence: Time at Current location: New Business to Boynton Beach: Yes No Do you have an executed lease agreement: Yes V11 No If so, monthly base rent: I b C1 l 3 4�tj%t nuc r i 2.-►'o� New Business Address: Square footage of current location: Square nfootage of new location: Type of Business: �.,i C .. �e+fit � �C► , �1` +S, ao--L4_ �Number of Employees: Hours of Ope ion: MOvI - &A-Y -v pr,✓A k ✓eni-s f- ap f I Of rye✓t Page 10 of 15 Rent Reimbursement 100 East Ocean Avenue,0 Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com �� , BOYNTON CRA ti BEACH COMMUNITY REDEVELOPMENT AGENCY APPLICANT INFORMATION PRINCIPAL/OWNER INFORMATION: (If more than 4 principals/owners additional sheets may be used) I. Principal/Owner Name: W�a1rba"- WVAK) I-1--yl`tZ_ Date of Birth: JQ- -�c) (o l Email: c t65 6-� Ckr+6e61 i Vi Q0'\ Residential Address: Vft (5�1 & -?, 1 yr Cell Phone Number. -e3 o f 3--) 1 ; w 2. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number. 3. Principal/Owner Name: Date of Birth: E il: Residential Address: Cell Phone Number. 4. Principal/Owner Nam . Date of Birth: Email: Residential Addr s: Cell Phone Number: Page 11 of 15 Rent Reimbursement 100 East Ocean Avenue,01 Floor, Boynton Beach, FL 33435-Phone: (561)600-9090 www.boyntonbeachcra.com d BOYNT0 , ,4C -" RA BEACH REDEVELOPMENTCOMMUNITY APPLICANT INFORMATION Are you applying for grant assistant under any other program offered by the BBCRA? Yes No ✓ If yes,what additional programs are you applying for. Are you receiving grant assistance under any other governmental agencies: Yes_No If yes, list any additional grant sources and amounts: LANDLORD INFORMATION: 14ef- W ano(fla� Landlord Name: �0 b x,41 ra G 1 dA e:cx S t Oceavr /A ve�1 wC Landlord's Mailing Address: I o S Eo si Pk1 rre f'b Povp- V. Dea �- Landlord's Phone Number. 51P CERTIFICATION AND WAIVER OF PRIVACY: For purposes of this certification and waiver of privacy,the term"I" refers to the applicant and to all signatories below individually. By signing below, each signatory represents and confirms that he or she is authorized to sign on behalf of the applicant(s). 1, the undersigned applicant(s), certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Rent Reimbursement Grant Program, and it is true and complete to the best of my knowledge and belief. I further certify that I am aware of the fact that I can be penalized by fine and/or imprisonment for making false statements or presenting false information. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Beach Page 12 of 15 Rent Reimbursement 100 East Ocean Avenue,0 Floor,Boynton Beach,FL 33435—Phone:(561)600-9090 www.boyntonbeachcra.com } BOYNTO IC A mm"BEACH , R COMMUNITY REDEVELOPMENT AGENCY APPLICANT INFORMATION Community Redevelopment Agency Commercial Rent Reimbursement Grant Program Rules and Requirements. 1 understand that this application is not a guarantee of grant assistance, and that award of grants is at the sole discretion of the Boynton Beach Community Redevelopment Agency Board. I understand that the purpose of the grant is to further the Boynton Beach Community Redevelopment Plan, and that the Boynton Beach Community Redevelopment Agency may decline my application for any legal reason, including the reason that granting the award will not further the Community Redevelopment Plan. Should my application be approved, I understand that the Boynton Beach Community Redevelopment Agency may, at its sole discretion, discontinue grant payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer furthering the Boynton Beach Community Redevelopment Plan. To the maximum extent possible, I hereby waive my rights to privacy and confidentiality for all matters contained in my application, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employers or other public or private agency to disclose information deemed necessary to complete this application. I specifically authorize the Boynton Beach Community Redevelopment Agency to run a credit report as part of this application, and understand that information in my credit report, including a record of bankruptcy, may disqualify me from obtaining grant funding. I give permission to the Boynton Beach Community Redevelopment Agency or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application are found to be incomplete, it will be not processed. Page 13 of 15 Rent Reimbursement 100 East ocean Avenue,40'Floor, Boynton Beach,FL 33435—Phone:(561)600-9090 www.boyntonbeachcra.com ,f �F BOYNTO BEACH RA COMMUNITY REDEVELOPMENT AGENCY APPLICANT INFORMATION APPLICANT SIGNATURES: a61. a-1 P i cipaUOwner's Signature Date Printed Name / Title 2. -ID �rq Le✓1-tz Principal/Owner's Signature Date Printed Name Title 3. Principal/Owner's Sign atu Date Printed Name Titfe 4. Principal) ner°s Signature Date Printed Name Title Notary as to Principallowner's Signatures - Multiple notary pages may be used it signing Individually STATE OF COUNTY OF BEFORE ME,an officer duly authorized by law to administer oaths and take acknowledgements,personally appeared who is/are personally known to me or produ as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of , 20 NOTARY PUBLIC My Commission Expires: Page 14 of 15 Rent Reimbursement 100 East Ocean Avenue,41h Floor,Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com BOYNTO mom ' RA REDEVELOPMENT AGENCY APPLICANT INFORMATION APPLICANT SIGNATURES: Principal/Ownr.ys Sign ture pp DateCt _ � .. Printed Name Title 2. Principal/Owner's Signature Date Printed Name Title 3. Principal/Owner's Signature Date Printed Name Title 4. Principal/Owner's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually STATE OF t i COUNTY OF Y A ! ' -. BEFORE ME,an officer duly authorized by law to administer oaths and take acknowledgements,ppr�soonally ,appeared who is/are personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and offigial seal in the State and County aforesaid on this _ day of r _ 20 . -...a Y P x:�rtE NICKLIEN " -- Notary Pubnc-state of Florida t�)iy,Zommission Expires: Commission#HH 87189 My Commission Expires May 25,2025 -- age 14 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor,Boynton Beach, FL 33435—Phone:(561)600-9090 www.boyntonbeachcra.com 3�ifl rti{i )i 1 ~iF � ;� ,�l 7,rtt,tsis9ts,�il�t }tstsi�}}eisrrtt}iSvtS i '!Z f{lvs� !' 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'SE��152 AYO� t��.• - 5� `l5t Aw'C Appraisals "3 Tax Year 2020 - looro pi e _e... t e. $136,762 1 ,'•,T t,. ._ {t ���. Value $377,946', Market,Ialue=. $514,708 ,,.� ri All values are as ofJanuary 1st rw y „rn.rn,.� each years Ali Assessed/Taxable values` Tax Year 2020 it a EMERY Ii A^sessed ,ta.lue=. $427,741 _ tiim� E�J 'r t.E � IJ��r�i�rlr R�r�1��1�Very 'l - S 4 fti1Vi�l`Jtt77 ell l e - axabie Value $427,741 n,. w Taxes ; r Tax Year 2020 Ad ,Ia..,,.e'-Im $9,762 a .u,�..At'a...o:erro $2,1971 $11,9591f1 t ,,,rryre��t ie ie ie ie ie ie�eie ie ie ie ie ie lyre ie ie ie ie ie ie lyre ie ivll�; https://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434528030080030 1/1 FIRST A00INDUM To LEASE This AM Addend to WT OCEAN NINE, UC, a e (herel"OhW referred toda*d May 254 ,1020 and Is afthed tK"to and made a partifte lot day of } pany EMT OCUN AU , Lc, � after , ereinafter and BARBARALEU(hereinafter referred to as lessee), t Flodda 33435 n made part of the above ret6renced ( } 3t\ r} yy Law.` Al 60d heln,Shall tWM the respective mead#i provided for sl t ' , y onft+ t Pr �lr� � t r t rAddendum l the l "t th additional � � Irl r . �wn + + ilk11 }1 St 1{ttF�l�tr ( two (2)rear period t}it s Slys Ss1,v )vifk(�tU{S{ ,+r t mush y 31, 023 +end Will be dueand ' le on ss l�+t !�{r�f�lt��'('����i��(�i141v i='''�S ��(��� 4i �������� ► � 0z's.� June nfu ugh 's Tift " �ont for 1" rii+t l ;, � �A �r 2022 ti N 1100000:1 �� Rom�r une,j#:12, 00 through May,at 2023 I-SO ot din per moth for the,period June 1�2OZ, th 2023 rough May 310 $ 00M BURRY ot W`MONS$ �0 t,,1v int=ti '�"` I ",1 t"> L ,� . .L ,r mai fer+ i f + by 1,01 4 (90) d4VS } � w ► � "s, r will aero ossor sell bto Umm 14 IM, only, any � i11 a� r + li fir* h + r ( c SER , AN NQ I, �I J 7 t i A MEM UPON AN ES t'a - }� ="k__ t t=")+�.;�- a" � i t �",. \ s] ki ANDAL 6TH01, VT UPI, 1 coo ,r i 5 "H4 i r t } £ \ s- t y2j�t £ lttltlb il1l#� U Oki M'S ,,; „, t,' s, •1t, ts,tt.t s„ r, ,r �tl t rr�-„ t i -) iF-`2 t t) t,,,._ t. t £ � 1, 1,l � rl � ,1 � �_ Omni s s t, � 4 aa. ,�. { i 443 f r ,51 t,,, t r7 {{ ..t r, (_� l,S t t, _�_,, ,. ._s_#£, ._�\ �, t 5, ..t 4.. 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NI, s ., s t a. u�ift- �£t�3.,., « 1}1f Ii11S Yid„?a� 11���4} „ "�t rs� �. `�f 1 t £ Roast uii� ,,,� �a»7)( S 111 lI� �y t si i i �t t tii "i Now � ���(������ 7I� i �V�{.,�u t t ' i tai s ,t.,.' `v.,�(! s•` ll�t i1't',t tjjt � _}lilt '� ��t�41�( t�-1} ,�t, r. t J } t t ;t„� 7 ; . ,,,t �1 ,�„s,. £ ,. t, � ,t,ati„{ 1 �'U17t`t, �},�Stt ,s Hi,1 #tl�tu 13,t 11 ai t�q ib ) E, 4, yt t s)l,�a ; 1 fi ;1 £,�`£,,Inv 'ti ll�t 1 � r,,�! s l,, Ora fljjj���tfjf��111�4Utll"\�1, A���iS jt\�1,� tU £t 4l t t 1£ i 't�% 5 i s i ��,t' ,I St ;t”" {„£7, ��� r y; s1rt11iS �. t r �) £ ) ( t tt g ���Q`£ t COMMERCIAL LEASE LENTZ 1-12-2020 412 01 This Lease Agreement is made and entered into as of this th day of May,2020, by and between East Ocean Avenue, LLC located at 105 East Palmetto Park Road, Boca Raton, Florida 33432, hereinafter "LESSOR" and Barbara Lentz, whose address is 412 E. Ocean Avenue, Unit 1, Boynton Beach, FL 33435 hereinafter "LESSEE". LESSEE hereby offers to lease from LESSOR the interior Premises situated in the City of Boynton Beach, Florida, County of Palm Beach, State of Florida, described as 412 East Ocean Avenue, Unit 1, Boynton Beach, FL 33435 together with all buildings, improvements and appurtenances located thereabout, thereon or therein. The Premises exclude any right of LESSEE to utilize the sidewalk area adjoining the subject Property for any purpose other than ingress or egress to the Premises. 1. DEMISE LESSOR, for and in consideration of the rents hereinafter reserved, and the terms, conditions, covenants and provisions contained in this Lease, hereby leases to LESSEE, and the LESSEE hereby takes and hires from the LESSOR, subject to the terms and conditions contained in this Lease,the Premises, together with any and all rights, privileges, and easements benefiting, belonging or pertaining thereto. 2. TERM. The Term of this Lease shall be one(1)year and seven(7)days. 3. TEASE COMMENCEMENT DATE. The term of this Lease shall commence May 25th, 2020 and ending on May 31,2021 4. RENT_ LESSEE agrees to pay to LESSOR base rent plus applicable sales tax outlined below. Payments shall be set forth below for the Premises without offset or deductions, and without previous demand therefor, said rent payable monthly on the first day of each and every month as follows: $1,000.00=Base Rent-plus any applicable sales tax$65.00 totaling$1,065.00 per month beginning May 15,2020. Upon Lease execution,Lessee shall be required to pay Lessor first month's(Julie 1,2020) rent=$1,065.00,last month's rent(May 1,2021)$1,065.00,and prorated rent ($240.45)for May 25,2020-May 31,2020($34.35 x 7 days)and security deposit in the amount of$1,000.00) . (see Exhibit A attached hereto and made a part hereof) All Rent(defined as Base Rent as set forth above)required under this Lease shall be payable to the LESSOR at the address set forth herein. All rent shall be paid by ACH automatic monthly debit transfer to LESSOR's bank account as follows: SEASIDE NATIONAL BANK&. TRUST 11100 North Military Trail,Suite 100,Boca Raton,FL 33432 ABA BANK ROUTING NO: 063116053 ACCOUNT NAME: EAST OCEAN AVENUE,LLC 105 E.Palmetto Park Road,Boca Raton,FL 33432 ACCOUNT# 20000 61198 If any payment of Rent is not received by the LESSOR within five (5) days of its due date, 1 LESSEE shall pay to LESSOR a late fee equal to five percent (5%) of the outstanding balance due LESSOR. The late payments shall be paid for each rental payment not received by the LESSOR within five(5)days of its due date. In the event any check is returned because of insufficient funds or otherwise that have been submitted to LESSOR for the payment of Rent or other payments due under this Lease,then the check(s) shall be immediately replaced by LESSEE with a cashier's check from a bank in Palm Beach County, Florida or other location where LESSEE has a corporate bank account, and in addition to any late payment penalty provided above,there shall be an additional charge of$100.00 for inconvenience caused to LESSOR for handling the returned check There will be a $25.00 charge for any notice letter required under this Lease. 5. RULES AND REGULATIONS- LESSEE, at its own cost and expense, shall properly observe and comply with all present and future laws,ordinances,codes,requirements,orders,directives, rules and regulations of all governmental authorities affecting the LESSEE's use of the Premises, including but not limited to making non-structural modifications to the Premises to comply with any state or federal laws or regulations affecting the accessibility of the Premises for disabled persons. LESSEE shall also comply with any and all reasonable rules and regulations imposed by LESSOR. 6. RISK OF TOSS_ All personal property placed or moved into the Premises shall be at the risk of LESSEE or of the owner of such property, and LESSOR shall not be liable for any damage to said personal property, or to LESSEE, arising from the bursting or leaking of water pipes, or from any act of negligence of any LESSEE or occupants of the building,or of any other person whomsoever. It is further agreed that LESSOR shall not be liable for any damage or injury by water which may be sustained by LESSEE or other person, or for any other damage or injury resulting from the carelessness, negligence or improper conduct on the part of any person whomsoever, or by reason of the breakage, leakage or obstruction of the water,sewer or soil pipes,or other leakage in or about said building. 7. SECURITY. Upon execution of this Lease, LESSEE shall deposit with LESSOR $1,000.00, representing a security deposit that LESSOR is to retain as security for the faithful performance of all the terms and conditions of this Lease. LESSOR shall not be obligated to apply the security deposit on rents or other charges in arrears, or in damages for failure to perform the terms and conditions of this Lease. Application of the security deposit to the arrears of Rent payments or damages shall be at the sole option of the LESSOR, and the right to possession of the Premises by the LESSOR for non-payment of Rent or for any other reason shall not in any event be affected by the security deposit. The security deposit is to be returned to LESSEE when this Lease is terminated, according to the terms of this Lease, if not otherwise applied by reason of any breach of the terms and conditions of this Lease by LESSEE. LESSEE expressly acknowledges that LESSEE shall not have the right to apply the security deposit to Rent. In no event is the security deposit to be returned until LESSEE has vacated the Premises and delivered possession to the LESSOR. In the event the LESSOR repossesses the Premises because of the default of the LESSEE or because of the failure by the LESSEE to carry out the terms and conditions of this Lease, LESSOR may apply the security deposit to all damages suffered as of the day of repossession and may retain the balance of the security deposit to apply to damages that may accrue or be suffered thereafter by reason of a default or breach of the LESSEE. LESSOR shall not be obligated to hold the security deposit in a separate fund,but may mix the security deposit with other funds of the LESSOR, and LESSOR shall not be obligated to pay interest to LESSEE on the security deposit or advanced rental. As further security for the faithful performance of the terms and conditions of this Lease, LESSEE hereby pledges and assigns to LESSOR all of the furniture, fixtures, goods and chattels of LESSEE, which shall or may be brought or put on said Premises, and the LESSEE agrees that said lien 2 may be enforced by distress, foreclosure or other process of law at the election of LESSOR,and LESSEE agrees to pay reasonable attorneys' fees, together with all costs and charges incurred or paid by the LESSOR by reason of LESSEE's failure to perform any of the terms and conditions of this Lease,which sums shall bear interest at the highest rate permitted by law. 8. LESSEES TAXES AND UTILITY EXPENSES During the Term of this Lease,LESSEE shall pay, before the same shall become delinquent, all personal property taxes, sales taxes, and such other taxes as may be payable by reason of operation of LESSEE's business. All applicable real estate property taxes,regular and special shall be paid by LESSOR. During the Term of this Lease, LESSEE shall pay all charges for all water,electric, pest control, for the benefit of the interior of the Premises and similar services furnished to the Premises for the occupants thereof. In the event additional water charges are caused by LESSEE(s)neglect to notify LESSOR and/or repair water leakage or properly use interior and/or exterior plumbing including but not limited to open spigots, running toilets, and/or leaky faucets, Lessee(s) agrees to pay these additional water charges to the LESSOR upon demand. Lessee(s) agrees to use water only for restroom use. Lessee(s)agrees not to use water fron) outside spigots. car+ `-ctlb� rj i,st-udl0,ClGssf CD 9. I ISE.�.OE-TREMiS S The Premises shall be used to operate. for no other purposes whatsoever. LESSEE shall be permitted to utilize the parking lot for customer and employee parking. The Premises shall be at all tinges properly licensed and operated as set forth above. LESSEE recognizes that is it important to LESSOR to keep the use of the subject Premises as set forth herein; accordingly, any change or termination of the use of the Premises shall be considered a default under the Lease and LESSOR shall be entitled to all remedies as provided for herein. LESSEE acknowledges that LESSOR has made no representation to LESSEE as to LESSEE's use of the Premises and LESSEE confirms and acknowledges that LESSEE has made its own investigation concerning LESSEE's use of the Premises and LESSEE is satisfied with same and acce is the Premises for LESSEE's use "AS IS, WHERE IS". ESSEE HALL NOYXLL CLASS A ES D S TO PARK ANY CARR ON OR ABO T ' E S OR ON GRASS I IIEA TO THE EAST "OP THE BUILDING ALONG T I ILROAD TRACKS. E AG ES CLASSMATES %Agl,L BE DROPPED OFF A PlC1 EI P ONLY. LESSEE shall not use or occupy,nor permit or suffer the Premises,the Property,or any part thereof to be used or occupied for any unlawful or illegal business,use or purpose,nor in any way in violation of any present or future governmental laws,ordinances,requirements,orders,directives,rules or regulations. t0. ACCESS TO THE PREMISES_ During all reasonable hours,LESSOR or LESSOR's agents shall have the right,but not the obligation,to enter upon the Premises to examine same,to exhibit the Premises to prospective LESSEES and during the last 90 days of the term of this Lease or any renewal thereof,to exhibit the Premises to prospective LESSEEs, and to make such repairs as may be required of the LESSOR under the terms of this Lease. LESSOR agrees not to unreasonably interfere with the operation of LESSEE's business. LESSOR shall have the right to post a"Igor Rent"sign the maximum size of 4' X 5' which will be displayed on the store front window during the last ninety(90) days of the term of the Lease or any renewal thereof. 3 11. REPAIRSANL?MAINTFNANCF LESSOR shall be responsible for the repair and maintenance of the building structure,roof, landscaping and parking lot. Upon LESSEE taking possession and acknowledging that the Premises are in good condition and that all fixtures,equipment and appurtenances are in good working order,and agrees to maintain the Premises in the same condition,order and repair as they are at the commencement of this Lease,and agrees to make all repairs and replacements in and about the Premises necessary to preserve them in good order and condition,which repairs and replacements made by LESSEE shall be performed by licensed and insured workmen in equal quality and class to the original work. LESSEE shall promptly pay the expense of any such repairs and/or replacements. LESSEE further agrees to repair,replace and maintain in good and safe condition,including but not limited to; plate glass window,electrical,wiring,plumbing and heating/air- conditioning equipment and any other equipment upon the demised premises and shall surrender the same,at termination hereof, in good condition,normal wear and tear excepted. LESSEE is responsible for all maintenance,repair and replacement of all exit signs and fire extinguishers. LESSEE is responsible for pest control including but not limited to rodents. LESSOR shall have no responsibility for repairs of any kind to the Premises. LESSE F shall give written notice to LESSOR prior to making any repairs and/or remodeling of any kind or nature. In the event LESSEE fails to maintain and/or repair the demised premises,as required herein,LESSOR may conduct such maintenance and/or repair as it deems appropriate and recover such costs from LESSEE within ten (10)days of presenting written documentation of such repair and/or maintenance costs. 12. E ,IO S A I O- IO .DY i.ESSF,F, LESSEE shall not,without first obtaining the written consent of the LESSOR,which shall not be unreasonably withheld,make any alterations,additions or improvements to the interior or exterior of the Premises and about the Premises,including but not limited to installing and/or removing any flooring,partitions,interior or exterior lighting,equipment or applying anymaterial/stucco or paint,or tinting,whatsoever to the ceiling,doors,windows,glass,walls,or putting holes in the building interior or exterior ,walls, roof,and ceiling.LESSEE shall not drill holes,alter or attach anything to the framing of the doors and windows located on the Premises. Additionally,LESSEE shall not place any exterior items on the Premises including..but not limited to;fixtures,tnI+ ,c_ ,canopies,awnings, signs, ,equipment,decorations, y ";"or carts,without prior written consent of LESSOR. Any violation of this provision shall constitute an automatic event of default and LESSEES rights hereunder this Lease shall at the option of the LESSOR be terminated. LESSEE AGREES NOT TO REMOVE OR DAMAGE IN ANY WAY THE INTERIOR SOUTH MIRRORED WALL OF THE PREMISES.LESSOR AND LESSEE ACKNOWLEDGE THAT THERE IS A SMALL CRACK IN TIME MIRROR AT THE IIOTTOM LEFT CORNER OF THE IItRO ' (LESSEE'S initials). 4 In the event,LESSEE contemplates a possible renovation to interior of the leased premises. LESSEE shall not,without first obtaining the written consent of LESSOR,make any alterations,additions or improvements in,to or about the Leased premises. All work performed on the leased premises shall be done by a licensed general contractor with insurance reasonably acceptable to LESSOR,which insurance shall name LESSOR as an additional insured. Each such contractor shall produce an insurance certificate naming LESSOR as an additional insured during any renovation. All renovation work shall be properly permitted with the City of Boynton Beach and shall comply with all City, County, State and Federal governmental laws,ordinances,requirements, orders,directives,rules or regulations. In the event that LESSEE abandons the renovation project or fails to complete same for any reason whatsoever,LESSOR may, at its option, complete the renovation project and LESSEE shall be responsible to LESSOR for any and all costs and expenses incurred by LESSOR in completing the project. LESSEE shall not drill holes, alter or attach anything to the framing of the doors and windows located on the premises. 13. INSURANCE During the term of this Lease, the LESSEE shall obtain, at LESSEE's expense, liability insurance issued or endorsed to insure the LESSOR and any mortgagees from and against any and all claims, suits, actions,damages and/or causes of action arising during the term of this Lease for any personal injury, loss of life and/or damage to property sustained in and about the Premises, by reason of or as a result of LESSEE's occupancy of,and from and against any order,judgments and/or decrees which may be entered thereon,and from and against all costs, attorneys' fees,expenses and liabilities incurred in and about the defense of any such claim and the investigation thereof, for an amount not less than One Million Dollars($1,000,000.00)for bodily injury and public liability. In addition, LESSEE shall obtain, at LESSEE's expense,extended coverage to cover the cost of repair or replacement of LESSEE's leasehold improvements. LESSEE shall also obtain business interruption insurance naming LESSOR as an additional insured and insuring at least six months of business interruption. Such insurance shall name the LESSOR and any mortgagees as named insured as the LESSOR's and any mortgagee's interests may appear. The insurance policy shall be issued by an insurance company satisfactory to the LESSOR. The LESSEE shall deliver to the LESSOR these insurance policies or copies or certificates thereof immediately upon commencement of the Lease and annually thereafter, upon renewal of the policies, to assure the LESSOR and any mortgagees that the coverage afforded by the policies is being maintained continuously by the LESSEE and that the premiums therefor had been paid by the LESSEE. LESSEE shall also immediately deliver to the LESSOR any notices of termination of insurance coverage. LESSEE shall cause its insurer(s) to provide LESSOR thirty day's written advance notice of any cancellation of coverage. LESSOR shall obtain, at LESSOR's expense, property, liability and casualty insurance, in amounts reasonable to LESSOR. 14. SUBORDINATION. This Lease shall be subject and subordinate to any mortgage that now encumbers or affects the Property or that the LESSOR or any subsequent owners of the Property,may hereafter at any time elect to place on the Premises, including but not limited to a purchase money mortgage which may be held by LESSOR as a seller,and to all advances, extensions, or modifications already made or that may be hereafter made on account of any such mortgage,to the full extent of the principal sum secured thereby and issued thereon. Furthermore,LESSEE shall,upon request,execute any 5 paper or papers that LESSOR's counsel may deem necessary to accomplish such subordination of LESSEE's interest in this Lease, in default of which LESSOR is hereby appointed as LESSEE's attorney- in-fact to execute such paper or papers in the name of LESSEE and as the act and deed of LESSEE,and this authority is hereby declared to be coupled with an interest and irrevocable. 15. ASSIGNMENT AND S1JBLF.ASING. LESSEE shall not assign this Lease, or otherwise transfer any interest in this Lease, without the prior written consent of the LESSOR, which consent shall not be unreasonably withheld. No consent to an assignment or sublease shall release LESSEE from any obligations under this Lease. LESSEE shall not sublet portions of the Premises without LESSOR's prior written consent,which shall not be unreasonably withheld. If a sublease is permitted by LESSOR, LESSEE agrees to furnish LESSOR with a photostatic copy of each sublease made for space in the Premises. LESSEE shall not hypothecate, transfer, pledge or otherwise encumber this Lease or LESSEE's right hereunder nor shall LESSEE permit any such encumbrance. Any attempt at assignment, sublease, pledge,transfer or encumbrance of this Lease without the prior written consent of LESSOR shall be null and void,and a default under this Lease. LESSEE shall and does hereby indemnify and agree to hold LESSOR harmless from any and all liabilities, claims, and causes of action arising under any terms and conditions of this Lease and every sublease, license or concession agreement, unless such liabilities, claims and causes of action arise by reason of a default or breach by LESSOR, or the gross negligent conduct or activity of LESSOR, its agents or employees,under this Lease. If all or any part of the Premises shall be sublet or occupied by anyone other than LESSEE, LESSOR may, after default by LESSEE, collect sub-rent from any and all sublessees or occupants, and apply the net amount collected to the net annual rent reserved herein,but no such collection shall be, or be deemed to be, a waiver of any agreement, term, covenant or condition of this Lease or the acceptance by LESSOR of any sublessee or occupant as LESSEE, or a release of LESSEE from performance by LESSEE of its obligations under this Lease. To secure the prompt and full payment by LESSEE of All Rent in this Lease reserved and the faithful performance by LESSEE of all the other terms and conditions herein contained on its part to be kept and performed, LESSEE hereby assigns, transfers and sets over unto LESSOR, subject to the conditions hereinafter set forth, all of LESSEE's right, title and interest in and to all subleases that may hereafter be made and in and to all concession agreements hereafter made affecting any part of the Premises. 16. INDEMNIFICATION OF LESSOR In addition to any other indemnities to LESSOR specifically provided in this Lease, LESSEE shall indemnify and save harmless LESSOR against and from all liabilities, liens, suits, obligations, fines, damages,penalties, claims, costs, charges and expenses, including reasonable architects' and attorneys' fees by or on behalf of any person which may be imposed upon or incurred by or asserted against LESSOR by reason of the use and/or occupancy of the Premises or any part thereof, or any surrounding areas, by LESSEE or LESSEE's agents, contractors, servants, employees, licensees or invitees during the term of this Lease. This indemnification shall specifically extend to but shall not be limited to loss or damage arising out of environmental hazards or contamination. 6 The provisions of this Article and the provisions of all other indemnity provisions elsewhere contained in this Lease shall survive the expiration or earlier termination of this Lease for events occurring prior to such expiration or termination. LESSOR shall not in any event whatsoever be liable for any injury or damage to any personal property or to any person happening on, in or about the building being leased, whether belonging to LESSEE or any other person, caused by any fire,breakage, leakage,defect or bad condition in any part or portion of the Premises, howsoever caused unless such injury or damage is caused by the gross negligence of the LESSOR, its agents or employees, or a breach or default by LESSOR of its obligations under this Lease. LESSEE shall, at its own cost and expense, if requested by LESSOR, defend any and all suits or actions (just or unjust) which may be brought against LESSOR or in which LESSOR may be impleaded with others upon any such above-mentioned matters, claim or claims. In such event, LESSOR agrees to cooperate and assist LESSEE and LESSEE's counsel in providing documentation, plans, specifications and any other agreements or documents which may be reasonably required by LESSEE and/or LESSEE's agent in order to defend such suit or actions. In addition to the foregoing, LESSEE shall pay to the LESSOR all costs and expenses, including reasonable attorneys' fees (including costs, expenses and attorneys' fees in any appellate proceedings), incurred by LESSOR in any action or proceeding to which LESSOR may be made a party by reason of any act or omission of the LESSEE. 17. RESTRICTION AGAINST CONSTRUCTIONIJEN. Neither LESSEE nor anyone claiming by, through or under LESSEE, shall have any right to file or place any lien of any kind or character whatsoever on the property and notice is hereby given that no contractor, subcontractor, or anyone else that may furnish any material, service or labor to the property at any time shall be or become entitled to any lien thereon whatsoever. For the further security of LESSOR, LESSEE shall give actual notice of this restriction in advance to any and all contractors, subcontractors, or other persons, firms, or corporations that may furnish any such material, service,or labor. LESSOR shall have the right to record a notice of this provision in the Public Records of the County in which Premises is located. If such lien is filed against LESSOR's interest on the Property, LESSEE shall cause such lien to be released of record or bonded off within fifteen(15) days of LESSEE's knowledge of such lien. 18. CONDEMNATION. a. If at any time during the term of this Lease, the whole or materially all of the Premises shall be taken for any public or quasi-public purpose by any lawful power or authority by the exercise of the right of condemnation or eminent domain or by agreement between LESSOR, LESSEE and those authorized to exercise such right, this Lease, the term hereby granted, any rights of renewal hereof and any renewal terms hereof, shall terminate and expire on the date of such taking and the rent and other sum or sums of money and other charges herein reserved and provided to be paid by the LESSEE shall be apportioned and paid to the date of such taking. b. The term "materially all of the Premises" shall be deemed to mean such portion of the Premises, as when so taken, would leave remaining a balance of the Premises which, due either to the area so taken or the location of the part so taken in relation to the part not so taken, would not allow the LESSEE to continue its business operations, or would not under economic conditions, zoning laws or building regulations then existing or prevailing, readily accommodate a new building or buildings of a nature similar to the building or buildings existing upon the Land at the date of such taking and of floor 7 area sufficient, together with buildings not taken in the condemnation, to operate LESSEE's business, taking into account all reasonable parking requirements. C. For the purpose of this Article, the Premises or part thereof, as the case may be, shall be deemed to have been taken or condemned on the date on which actual possession of the Premises or a part thereof, as the case may be, is acquired by any lawful power or authority or the date on which title vests therein,whichever is earlier. d. It is further understood and agreed that if at any time during the Term of this Lease the Premises or the Property or the improvements or buildings located thereon, or any portion thereof, be taken or appropriated, or condemned by reason of eminent domain,the entire award shall be the property of the LESSOR and in no event shall LESSEE receive any portion of any award made to LESSOR. LESSEE shall have the right to make a separate claim for its own damages. e. In the event less than materially all of the Premises shall be taken by governmental authority,then: 1. If the portion so taken does not affect the operation of LESSEE's business, then this Lease shall continue in full force and effect. 2. In the event the portion of the Premises are taken so that LESSEE is able to continue to operate its business, but the operation of such business is reduced by reason of such taking, then the Base Rent shall be reduced proportionately by the same percentage as the square footage of the Premises which have been taken by governmental authority bears to the total square footage of the Premises prior to such taking. 19. DESTRIJC:TION OF PREMISES a. In the event the entire Premises or materially all of the Premises are destroyed by fire or other casualty, LESSOR shall have the option of terminating this Lease or of rebuilding the Premises and shall give written notice of such election to the LESSEE within thirty (30) days after the date of such casualty. In the event LESSOR elects to rebuild the Premises, the Premises shall be restored to its former condition within a reasonable time, during which the rent due from LESSEE to LESSOR hereunder shall abate. In the event LESSOR elects to terminate this Lease, Rent shall be paid only to the date of such casualty, and the term of this Lease shall expire as of the date of such casualty and shall be of no further force and effect and LESSOR shall be entitled to sole possession of the Premises. b. The term "materially all of the Premises" shall be deemed to mean such portion of the Premises, as when so destroyed, would leave remaining a balance of the Premises which due to the amount of area destroyed or the location of the part so destroyed in relation to the part left undamaged would not allow the LESSEE to continue its business operations. C. In the event of a partial destruction which is not materially all of the Premises, the Base Rent shall proportionately abate based upon the square footage of the Premises remaining undamaged and LESSOR shall repair the damage. 8 d. Notwithstanding the foregoing, if the damage or destruction is as a result of the action or inaction of LESSEE or LESSEE's employees, or agents, invitees, or as a result of LESSEE not fulfilling all of its obligations under this Lease,no Rent shall abate and LESSEE shall make all necessary repairs. 20. Q1 f1F.T ENJOYMENT- LESSEE, upon paying the Rent and all other sums and charges to be paid by it as herein provided, and observing and keeping all covenants, warranties, agreements and conditions of this Lease on its part to be kept, shall quietly have and enjoy the Premises during the term of this Lease,without hindrance or molestation by LESSOR. 21. DEFAULTS, Each of the following events shall be an "Event of Default"hereunder: a. Failure of LESSEE to pay any installment of Rent or any part thereof, or any other payments of money,costs or expenses herein agreed to be paid by LESSEE,when due. b. Failure to observe or perform on one or more of the other terms, conditions, covenants or agreements of this Lease and the continuance of such failure for a period of seven(7) days after written notice by LESSOR specifying such failure (unless such failure requires work to be performed, acts to be done or conditions to be improved, as the case may be,within such seven(7)day period, in which case no default shall be deemed to exist so long as LESSEE shall have commenced curing the same within such seven(7)day period,and shall diligently and continuously prosecute the same to completion). C. If this Lease or the estate of LESSEE hereunder shall be transferred to or assigned to or subleased to or shall pass to any person or party,except in a manner herein permitted. d. If a levy under execution or attachment shall be made against LESSEE or its property and such execution or attachment shall not be vacated or removed by court order,bonding or otherwise within a period of thirty(30)days. e. A rejection of the Lease by a trustee in bankruptcy appointed in connection with the bankruptcy of the LESSEE. f. A failure to vacate the Premises upon termination of the Lease. No payment by LESSEE or receipt by LESSOR of an amount less than the required payment set forth in the Lease, shall be considered as anything other than a partial payment of the amount due. No endorsement or statement to the contrary on any check shall be deemed an accord and satisfaction. LESSOR may accept a partial payment without prejudicing LESSOR's right to recover the balance of such payment which is still due,and without affecting any other remedies available to LESSOR. 22. REMEDIES. Upon an "Event of Default" as defined above, LESSOR at its option shall have the following non-exclusive remedies in addition to those provided by law: a. LESSOR may treat the Lease as terminated whereupon the right of LESSEE to the possession of the Premises shall immediately terminate, and the mere retention or possession thereafter by LESSEE shall constitute a forcible detainer. b. LESSOR may terminate LESSEE's right of possession, without the termination of this Lease, in which event LESSOR shall have the right to re-let the Premises as the agent for the LESSEE and to hold the LESSEE responsible for any deficiency between the amount of Rent realized from such re-letting, including but not limited to renovation and repair expenses, Brokerage Expenses, and the amount which would have been payable by LESSEE under the terms of this Lease. No re-entry or repossession by the LESSOR shall serve to terminate this Lease, unless the LESSOR so elects in writing, 9 nor shall it release LESSEE from any liability for the payment of any Rent stipulated to be paid pursuant to this Lease or for the performance or fulfillment of any other term or condition provided herein. C. LESSOR may declare all the installments of Rent for the whole term of this Lease to be immediately due and payable at once without further demand, in which event all sums payable to the LESSOR shall bear interest from the date of default at the highest rate permitted by law. d. LESSOR shall have the right to take no immediate action and to hold the LESSEE responsible for the Rent as it becomes due. e. Any Base Rent which was abated or waived by LESSOR shall also be immediately due and payable by LESSEE to LESSOR. f. In the event of a holdover by LESSEE after the termination of this Lease, LESSOR shall have the right to collect double the amount of Base Rent. In addition, LESSEE shall be responsible for any cost or expenses incurred by LESSOR as a result of such holdover, including but not limited to any damage incurred by LESSOR as a result of LESSOR's inability to make the premises available to a new LESSEE. 23. ATTORNEYS' FEES- In the event of any litigation arising out of this Lease,the Losing party shall pay to the Prevailing Party all costs and expenses, including reasonable attorneys' fees (including appellate proceedings)which the Prevailing Party may incur. 24. CERTIFICATES_ Either party shall,without charge, at anytime and from time to time hereafter as may be commercially reasonable, within fifteen (15) days after written request of the other, certify by written instrument duly executed and acknowledged to any mortgagee or purchaser, or proposed mortgagee or proposed purchaser,or any other person, firm or corporation specified in such request: a. As to whether this Lease has been supplemented or amended,and if so,the substance and manner of such supplement or amendment; b. As to the validity and force and effect of this Lease, in accordance with its tenor as then constituted;and C. As to any other matters as may reasonably be so requested. Any such certificate may be relied upon by the party requesting it and any other person, firm or corporation to whom the same may be exhibited or delivered,and the contents of such certificate shall be binding on the party executing same. Should any banking institution, savings and loan association or other institutional lender to whom LESSOR is applying for a loan which, if granted, would make such lender a LESSOR's mortgagee, request reasonable modification in this Lease, the effect of which would not make a change in the rental or other economic terms of this Lease or increase LESSEE's expenses or the risk to which LESSEE is exposed, LESSEE agrees that it shall not unreasonably withhold its agreement to such modification. 25. RADON CCAS. Radon is a naturally occurring radioactive gas that when it has accumulated in a building in sufficient quantities may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 10 26. STORMS. LESSEE agrees to exercise reasonable care to protect the Premises and Property in the event a public warning should be issued that the Premises are threatened by a hurricane, tornado or storm of similar magnitude. 27. LESSOR'S RICHT TO PERFORM I.ESSF.F'S COVENANTS_ If LESSEE shall at any time fail to make any payments in accordance with the provisions hereof, or to take out, pay for, maintain or deliver any of the insurance policies provided for herein, or shall fail to make any other payment or perform any other act on its part to be made or performed,then LESSOR, after fifteen(15) days notice to LESSEE (without notice in case of an emergency) and without waiving or releasing LESSEE from any obligation of LESSEE contained in this Lease, may(but under no obligation to): a. Pay any amount payable by LESSEE pursuant to the provisions hereof,or b. Make any other payment or perform any other act on LESSEE's part to be made or performed as in this Lease provided, and may enter upon the Premises for the purpose and take all such action thereon as may be necessary therefor. All sums so paid by LESSOR and all costs and expenses incurred by LESSOR in connection with the performance of any such act, shall bear interest at the highest rate allowed by law. 28. NOTICE, Any notice, designation, consent, approval or other communication required or permitted to be given pursuant to the provisions of this Agreement shall be given in writing and shall be sent by registered or certified mail, postage prepaid, return receipt requested, addressed to the addresses set forth on the first page of this Lease. Notice may also be given by hand-delivery. Either party may, by notice given in accordance with the provisions in this section, designate any further or different address to which subsequent notices, designations, consents, approvals or other communications pursuant to the provisions of this Agreement shall be sent. Any notice, designation, consent, approval or other communication shall be deposited in any post office or official depository of the United States Postal Service in the State of Florida. 29. HAZARDOUS MATERIAL. LESSEE shall not knowingly cause or permit any hazardous material to be brought upon, kept, or used in or about the Premises by LESSEE, its agents, employees, contractors or invitees. If the Premises are, through LESSEE's fault, contaminated by hazardous materials, then LESSEE shall indemnify, defend and hold LESSOR harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including without limitation, diminution in value or useable space or of any amenity of the Premises), damages arising from any adverse impact on marketing of space,and sums paid in settlement of claims,attorney's fees, consultants fees and expert fees (including any appeals)which arise during the lease term as a result of any such contamination. This indemnification by LESSEE includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean up, remediation, removal or restoration work required by any federal, state or local government agency or political subdivision because of hazardous material present in the soil or ground water on or under the Premises. Without limiting the foregoing, if the presence of any hazardous material on the Premises is detected, LESSEE shall promptly take all actions at its sole expense as are necessary to return the Premises to the condition existing prior to the contamination or introduction of such hazardous material to the Premises; provided, however, that LESSOR's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld, so long as such actions would not potentially have any material adverse effect on the Premises. 11 As used herein,the term hazardous materials means any hazardous or toxic substance,material or waste, which is or becomes regulated by any local government authority, the State of Florida or the United States government. The term "hazardous material" includes, without limitation, any material or substance that is (1) defined as a "hazardous substance" under appropriate state law provisions, (2) petroleum, (3) asbestos, (4) designated as a "hazardous substance" pursuant to Section 311 of the Federal Water Pollution Control Act (33 USC 1321), (5) defined as a hazardous waste pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, (42 USC 690), (6) defined as a hazardous substance pursuant to Section 10 of the Comprehensive Environmental Response, Compensation and Liability Act(42 USC 9601), or(7) defined as a regulated substance pursuant to Sub-Chapter VIII, Solid Waste Disposal Act(the regulation of underground storage tanks),(42 USC 4991). 30. LESSEE'S BUSINESS. None of the provisions of this Lease shall be deemed or construed as reserving to LESSOR any right to exercise any control over the business or operations of LESSEE conducted upon the Premises or to direct in any respect the details or manner in which any such business relationship other than a LESSOR/LESSEE relationship is found. LESSEE is an independent business person and neither LESSEE nor any party or parties employed by LESSEE are agents, servants or employees of LESSOR and LESSEE agrees that in LESSEE's dealing with the public, LESSEE will not represent or hold its employees as agents, servants or employees of LESSOR. 31. SIGNAGE. LESSEE shall not place or permit to be placed or maintained on any interior or exterior door, wall, garage door or window of the Premises or Property any sign, awning or canopy or advertising matter or other thing of any kind or decoration, nor will any illuminated sign be placed in the window display area(s) of the Premises or Property without LESSOR's prior written approval and consent,which approval and consent shall not be unreasonably withheld. LESSEE shall be responsible for the cost of any outdoor building signage, installation and permit fees/costs. Outdoor building signage must comply with city signage regulations. The outdoor building signage size, color,style,font, and location must be approved by the LESSOR in writing prior to city permit and installation. LESSEE shall remove the outdoor building sign,repair holes and paint the area where signed appeared prior to the expiration of Lease at LESSEE's expense LESSOR allows business signage to be professional installed by a licensed sign company on the plate glass window area only in a designated area. The color, size style and installation to be approved in writing by LESSOR prior to installation. LESSOR allows the establishment's business name/logo to be placed in specific areas on the storefront entrance door glass and plate glass window, which can be removed without damage to the glass. LESSEE agrees to use the sign company designated by the LESSOR for the signage on the storefront entrance glass door and plate glass window. LESSEE agrees not to tint any plate glass windows or entrance doors. Advertisements, signs, or decorations are not allowed on the plate glass window and no attachments, curtains, window treatment or any other kind of decoration are to be installed on the windows, window metal frames, doors, or door frames. No attachments and/or signage/lettering of any kind are allowed on the interior or exterior of the rear door or garage door. Prior to the Lease expiration, Tenant at Tenant's expense agrees to remove all business glass signage. LESSEE shall be responsible for the cost of all signage and signage removal. 12 LESSEE shall not allow/hire or permit any person to hand hold any signage/advertising thing or decoration of any kind whatsoever on or about the Property or adjoining street or sidewalk. 32. PROHIBITED IJSF.: LESSEE acknowledges that it is the intent of LESSOR and the adjoining tenants that the building be occupied and operated by appropriate professional or retail tenants, so as to maintain the professional quality appearance of the Building. In accordance with the foregoing,LESSEE agrees that the premises shall not be used for the following purposes, which following list of purposes is not exhaustive: (i) establishments providing adult-type entertainment or displays of a variety involving or depicting nudity or lewd acts; (ii) a massage parlor; (iv) a facility that sells paraphernalia for use with marijuana or other illicit drugs; (v) a facility for the sale or display of pornographic (as determined by community standards for the area in which the Premises is located) material; (vi) a dance club or discotheque, an establishment selling primarily alcoholic beverages (i.e. bar), a full service sit-down restaurant,off-track betting business,billiard or pool hall, bingo or similar games of chance,game arcade, nightclub or flea market; (vii) any use which involves the raising, breeding or keeping of any animals or poultry; (viii) any illegal, dangerous or unsafe uses; (ix) a drug or alcohol rehabilitation or treatment center; (x) a liquor store; (xi) a laundry mat; (xii) a hair/nail salon ; (xiii) pawn shop; or (xiv) a convenience store (akin to a 7-Eleven, Kwik Stop or other similar establishment) selling alcohol, lottery tickets and the like; or a smoking/vapor lounge. LESSEE shall not allow any noxious odors, loud noises, and/or smoking to occur within the Premises. 33. MISCELLANEOUS The parties further agree as follows: a. The covenants, conditions and agreements contained in this Lease shall bind and inure to the benefit of LESSOR and LESSEE and their respective heirs, successors,administrators,representatives and permitted assigns. b. This Lease and the performance thereof shall be governed, interpreted, construed and regulated by the laws of the State of Florida. C. The rights of the LESSOR under the terms of this Lease shall be cumulative, and failure on the part of LESSOR to exercise promptly any rights given under the terms of this Lease shall not operate to forfeit any of said rights nor shall the same be deemed a waiver of such rights. d. The parties acknowledge that each has had the opportunity to have this Agreement reviewed by counsel and notwithstanding the fact that this Agreement was initially drafted by Arthur B. D'Almeida, P.A.,the attorneys for LESSOR, all parties have participated equally in the final wording of this Agreement, and in the event of any dispute regarding the meaning of any of the terms herein, such terms shall not be construed against the LESSOR and/or Arthur B. D'Almeida,P.A. e. This Lease shall not be recorded in the Public Records. f. This Agreement represents the entire understanding between the parties, and supersedes all prior agreements, oral or written, and this Lease Agreement may not be amended except by an instrument in writing signed by the parties hereto. g. The submission of this document for examination does not constitute an option or offer to lease space at the Property. This document shall have no binding effect on the parties unless executed by the LESSOR and the LESSEE and a fully executed copy is delivered to the LESSEE. 13 h. The LESSOR and LESSEE understand and agree that TIME IS OF THE ESSENCE of all of the terms and provisions of this Lease agreement. i. If any term, covenant, condition., or provision of this Lease or the application thereof to any person or circumstance shall, at any time or to any extent, be invalid or unenforceable,the remainder of this Lease, or the application of such term or provision of persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term, covenant, condition, and provision of this Lease shall be valid and be enforced to the fullest extent permitted by law. j. No Judgment shall be taken against any partner, subsidiary, officer, shareholder, director, employee, sister corporation or agent of LESSOR and no Writ of Execution shall be levied against the assets of any partner, subsidiary, officer, shareholder, director, employee, sister corporation or agent of LESSOR. Any liability of LESSOR shall be limited to LESSOR's interest in the Property. 34. BANKRiIPT('Y. Notwithstanding anything herein to the contrary, in the event LESSEE is the subject of any bankruptcy (including reorganization or arrangement proceedings pursuant to any bankruptcy), voluntary or involuntary,then LESSOR shall have the right to terminate this Lease. 35. JURY TRIAL WAIVER. THE PARTIES HEREBY WAIVE ANY RIGHTS TO A TRIAL BY JURY IN ANY ACTION BASED UPON OR ARISING OUT OF OR IN CONJUNCTION WITH THIS LEASE. 36. PARKING, No overnight or storage parking allowed on Premises. LESSOR has the right to have LESSEE immediately remove any unauthorized vehicle or any vehicle the LESSOR considers inoperative, in disrepair, expired registration, are being stored or of poor appearance. LESSOR shall be sole judge of when a vehicle is in one of these conditions. LESSOR shall not be responsible for any damage to any vehicle on the Premises. No repair or maintenance of any type of any vehicle is to be conducted on the Premises. NO EXTERIOR STORAGE OF ANY KIND WHATSOEVER IS ALLOWED including but not limited to storage Pods, and trailers. LESSEE SHALL NOT ALLOW CUS ►t � TO PARIK ANY CARS - _ ON THE J GRASSED AREA TO THE EAST OF THE BUILDING ALONG THE RAILROAD TRACKS. 37. iii IMPSTF.R. Dumpster use is for trash associated with office waste such as small waste baskets with paper. No garbage/materials from outside jobs are allowed. In the event Lessee uses the dumpster inappropriately, Lessee will be responsible to charges. 38. TERMINATION OF LEASE.: LESSOR and LESSEE agree that in the event the LESSOR decides to remodel, alter, or demolish all or any part of the Premises leased hereunder, or in the event of the sale, transfer for value by LESSOR herein or long-term lease, of all or any part of the Premises requiring this space, the LESSOR herein, its successors or assigns shall have the option to cancel this Lease and the term hereof by written notice to the LESSEE at least ninety (90)days prior to the effective date of such cancellation("Cancellation Date")and this Lease and the term hereof shall end and expire on the Cancellation Date set forth in such notice as if such date were the date originally set forth herein for the end or expiration of this Lease and the term hereunder. LESSEE hereby agrees to vacate the Premises on or before the Cancellation Date, and the LESSOR will return any advance rental paid on account of this Lease, less any monies owed LESSOR. Thereafter,_ LESSOR shall be relieved of any and all further obligations whatsoever to LESSEE under this Lease. 14 39. PARAGRAPH INTENTIONALLY LEFT BLANK 40. REAL, ESTATE COMMISSTON. Lessee(s)represent that no real estate agency is involved in the leasing of the subject Premises and agrees to hold the LESSOR(s) harmless against any claim made through Lessee(s)for Broker commissions. 41. LESSOR IMPROVEMENTS: In Lieu of improvements, LESSEE shall receive an improvement allowance valued at $1,065.00 which will be credited to the LESSEE for rent due (see Exhibit "A"). LESSOR'S improvement allowance is contingent upon the LESSEE paying the rent timely and LESSEE is not in default during the term of said Lease and/or renewals. In the event the LESSEE does not pay the rent timely or is in default of said Lease, all improvement allowance monies with be returned to the LESSOR immediately. Any and all improvements by LESSEE shall be done in compliance with the terms and conditions of this Lease and all applicable governmental laws, codes, ordinances, requirements, directives, rules and regulations. All improvements must be approved by LESSOR(S) in writing prior to commencement. 42. CONFIDENTIALITY. Lessee acknowledges and agree that, except as provided in the following sentence,the terms, conditions,provisions,covenants and agreements of this Lease are to remain confidential for Lessor(s) benefit, and may not be disclosed by Lessee(s) to anyone, by any manner or means, directly or indirectly, without Lessor(s) prior written consent. Notwithstanding the preceding sentence to the contrary Lessee(s) shall have the right to disclose the terms, conditions, provisions, covenants and agreements of this Lease to their respective attorneys, accountants, lenders and any potential assignee of the Lease or subLessee of the Premises. Any violation of this covenant by Lessee(s) shall be deemed a default under this Lease and subject to any and all remedies at law and equity, including with limitation the termination of the Lease and the eviction from the Premises. The foregoing Lease Agreement is the confidential intellectual property of the Lessor(s) and is not intended for unauthorized disclosure to third parties without the prior written authorization from Lessor. % IN WI S WHEREOF,the parties have hereunto set their hands and seals the day and year first above written. LES :EAS A ,LLC a HUR D'ALMEIDA,Managing Member (Date) LESSEE: c iFrl��s7G Cell/Tel: _ I— BARBARA LENTZ Pr' ame (Date) Email: c 6Pj, LESSEE: i//G(r't Cell/Tel: l Print Name (Date) Email: 15 EXHIBIT GG LESSEE: BARBARA LENTZ LESSOR: EAST OCEAN AVENUE,LLC PREMISES LEASED: 412 E. Ocean Avenue, Unit 1, Boynton Beach,FL 33435 $ 1,000.00 BASE RENT 65.00 6.5% SALES TAX $1,065.00 RENT DUE PER MONTH $1,065.00 FIRST MONTH'S RENT(June 1,2020) $ 240.45 Prorated rent for May 25,2020-May 31,2020($34.35 x 7 days) $ 1,065.00 LAST MONTH'S RENT(May 1,2021) $ 1,000.00 SECURITY DEPOSIT ($1,065.00) Minus Lessor's Improvement credit to Lessee $2,305.45 AMOUNT DUE UPON LEASE EXECUTION LESSEE AGREES TO RETURN A/C REMOTE IN GOOD WORKING ORDER.UPON LEASE TERMINATION. IN THE EVENT LESSEE DOES NOT RETURN AC REMOTE,LESSEE AGREES TO DEDUCT$150.00 FROM LESSEE'S SECURITY DEPOSIT TO PAY A REPLACEMENT COST FEE TO LESSOR. ALL MONIES DUE UPON EXECUTED LEASE BY LESSEE(S)SHALL BE RETURNED TO LESSON'. ON OR BEFORE 4:0+0 p.m.March 22,2020 OR THIS OFFER TO LEASE UNDER THESE TERMS AND CONDITIONS IS WITHDRAWN. Upon Lessor's receipt of proof of insurance naming additional insured as East Ocean Avenue,LLC, a Florida limited liability company- 105 E. Palmetto Park Road,Boca Raton,FL 34 k s for the Premises will be available to Lessee. essee's initials date Lessor's initials da e 16 1 I, AGENCYB E AC H C R A COMMUNITY REDEVELOPMENT CRA BOARD MEETING OF: June 8, 2021 CRA PROJECTS IN PROGRESS AGENDAITEM: 13.A. SUBJECT: Cottage District Infill Housing Redevelopment Project Update of Discussion and Contract Negotiations with Azur Equities, LLC SUMMARY: At their April 13, 2021 meeting, the CRA had received a submittal from Azur Equities, LLC and withdrawal letters ceasing any further participation in the RFP/RFQ from the Boynton Beach Cottage District Development, LLC and Pulte Home Company. CRA staff provided the Board with a breakdown of the additional information provided by Azur Equities, LLC (Attachments I and II) and the review of each proposal in accordance with the original published RFP/RFQ Evaluation Criteria (Attachments III-IV). The CRA Board selected Azur Equities, LLC and directed CRA staff to begin further analysis of their proposal as well as to begin establishing terms for a future Purchase and Development Agreement. CRA staff and Azur Equities, LLC met on April 22, 2021 to discuss their proposed site plan, designs and financial information. CRA staff and Azur Equities, LLC met again on April 29, 2021, with members of the City's Development staff to discuss preliminary site plan and design issues. The Azur Equities development team has been actively engaged in design and site plan layout meetings with CRA staff and the City's Development staff. Progress has been made by Azur to create a revised Cottage District I nfill Housing Redevelopment Project site plan layout and unit designs that will meet City Land Development Regulations as well as the economic needs of the developer. Staff will continue to work diligently with the Azur Equities, LLC on the project design throughout the pre-contract process. Additionally, CRA staff, CRA legal counsel and Azur Equities, LLC have been engaged in writing and reviewing the terms and conditions of a draft Purchase & Development Agreement that will be presented to the CRA Board at the July 13, 2021 meeting for their review and consideration. FISCAL IMPACT: FY2020-21 Budget, Project Fund, Line Item 02-58200-406 (Cottage District Project), $385,825 CRA P LAN/P ROJ ECT/PROGRAM: • 2016 Boynton Beach Community Redevelopment Plan CRAAB RECOMMENDATION: At their December 3rd meeting, the CRA Advisory Board is providing a recommendation to the CRA Board that of the five Proposals submitted for the Cottage District Infill Housing RFP/RFQ, the following three Proposals best met the intent and requirements of the RFP/RFQ: • Pulte Home Company, LLC • Boynton Beach Cottage District Development, LLC • Azur Equities, LLC CRA BOARD OPTIONS: No action required by the Board at this time. ATTACHMENTS: Description D Attachment II -Azur Equities, LLC Presentation D Attachment III - Proposal Evaluation sheets D Attachment IV -August 2020 Map & RFP-RFQ S r c t r r ,. �t. r, t t , t __ I ., \ t i I l 5 \ � s I1 ? __I ! s ,, \ 3 i. 3 i „ I � t \, t t \ t 5 � , l I \t 1 ) 1 l _? —1. � I j � ,, # , 4. 7 r , 7 ` z ) I �_ � 7 ,7. , 1l t 3 7 � # � � � >, � , ,_ i \ � ,� 2 . it � __ , ,_ 1 f l , t � � f „ i � , , s s , tl l 1 � � }� t ,�,t J ., 3 I � � f, c,, \ ..1. , ��_ ,\ l t \ l.�a ,. C ! _._� , i 4 f, t � t t t z 3 S\, t,t ,l ) 3, „_ l , t i _,, t t � 1 j t St i ., ,, i !t � l , . ll _ � f . _t. , _, 7 1� .,.. 11 I t �, ,� � 7 3 , ,, � 11 ., �. r 7 t l f 7 s �l \ � �� � S t � t. c ,. i r � � I 1 � ,_ ,, � � � � � 1,, l 7l 7 1 r r3 1 , � � (# # , < �, � � 1 � r__� l ., 7 1 s „ i . t \(. � � �� t l i ,7 ,�, � i , , f3 � , ., ,, l tI �sl � � �, \ 1 � 1, t � 1 � 3 �t 1,t„, l 1� i t � _S rl � t � � � � � � � � � �\ , ,, , , .3 t �� ll . 1 t r � 7 3 �. 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Im U Uo c v "o co Er - vmi�o V E m° o >En"mNm� J v� oN oEN ��-0 o��o2r T,a` z¢ zwo o ¢>F a`zrc q,"�zr`o u� >`� z L Ly _ . L o _ _ F vN v - -S 7 U m" - v v q m_ _ _ a aw my °a m c m- w m `uo o9mua as °n= zQOa °Eam E OmwN En 0.z= yw0 caumL°o CO s ZW MUy K vE� maU OE'E -c _ N s �m d Z c-E c� w a A n V.L.-m o f m e w .E m a m E o rc.a om.°-_' E' v a41 f � s� {{� i - t� S 1 ` N cz LO N c� N c� U _ �t!'a r••+ �" . t U O p N bOA n, O V) 4-j -a y V) V O �"` =" w„ �" f� 61, 1 B Toi ,OYN =BEACH SiF RA BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY REQUEST FOR PROPOSALS AND DEVELOPER QUALIFICATIONS COTTAGE DISTRICT INFILL HOUSING REDEVELOPMENT PROJECT Location: Between N.E. 4th and N.E. 5th Avenues and N. Seacrest Boulevard and N.E. 1st Street Boynton Beach, Florida Issue Date: August 17, 2020 Submittal Date: October 23, 2020, no later than 3:00 p.m. (EST) �' r� 1tjf 1lF 4 f � f am r }{� � sfs 7 �r t� i ssi r et t s ----------------- 01353549-2 Page 1 of 36 The Boynton Beach Community Redevelopment Agency (BBCRA) is issuing a Request for Proposals and Developer Qualifications (RFP/RFQ) for the acquisition and redevelopment of the BBCRA-owned properties within the Heart of Boynton District. These properties, collectively known as the Cottage District Infill Housing Redevelopment Project Site, are located between N.E. 4th and N.E. 5th Avenues and N. Seacrest Boulevard and N.E. 1St Street,Boynton Beach,Florida(the"property"or"Project property"). The BBCRA will accept sealed proposals at its office located at 100 E. Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 ON OR BEFORE October 23, 2020, no later than 3:00 p.m. Eastern Standard Time,as determined by the time stamp or clock at the BBCRA's reception area. Proposals to this RFP/RFQ(proposals) received after the date and time set forth above will NOT BE ACCEPTED FOR CONSIDERATION. All proposals will be date and time stamped by the BBCRA. Faxed or emailed Proposals will NOT BE ACCEPTED FOR CONSIDERATION. The RFP/RFQ documents, including all related attachments must be obtained from the BBCRA office or website at www.boyntonbeachcra.co (Click RFPs/RFQs/ITBs Tab on right hand side). 1. Community and Economic Setting The City of Boynton Beach (City),with a population of 72,000,is the third largest city in Palm Beach County, Florida. It is located approximately 45 miles north of Miami and 15 miles south of West Palm Beach.This puts it in the heart of southeast Florida's rapidly growing tri- county Miami-Dade/Broward/Palm Beach Metropolitan area. Boynton Beach has direct access to the Intracoastal Waterway, Interstate 95 (I-95) and the Florida Turnpike.It also has a market of more than 6 million people within a two-hour radius and ready access to three international airports, two major rail lines, as well as the Tri-Rail regional commuter rail system. The Heart of Boynton District is bounded by I-95 to the west, Federal Highway to the east, the Boynton Beach Canal (C-16) to the north and Boynton Beach Boulevard to the south. Seacrest Boulevard runs north-south through the center of the community. Over the past 14 years there has been approximately$100 million of public investment into the Heart of Boynton and Cultural Districts in furtherance of the 2016 Boynton Beach Community Redevelopment Plan ("BBCRA Plan") with respect to property acquisition, infrastructure improvements, parks, construction of new affordable housing and rehabilitation of existing homes. Some of the projects are: • The City completed the redevelopment of the Carolyn Sims Center and Denson Pool for a total of$10 million in 2006. The Center is located at NW 12th Avenue and is the center of neighborhood activities. 01353549-2 Page 2 of 36 • The City invested $1.5 million of federal stimulus dollars into the Seacrest Boulevard corridor from Boynton Beach Boulevard north to the C-16 canal to create an attractive streetscape with new lighting, landscaped medians, and public art. • The City and BBCRA are currently partnering on the Model Block Project, redeveloping a block of new single-family homes at NW 11th Avenue and N. Seacrest Boulevard. The project includes upgraded streetscapes, utilities and ten new affordable single-family home sites. Home construction began in June 2018. • The BBCRA partnered with the City to combine funding to complete a $1.3 million renovation project to improve Sara Sims Park, an eight acre park located at the SW corner of Martin Luther King Jr. Blvd. and N. Seacrest Boulevard. A master plan was developed with community input and the project was completed in October 2019. • The BBCRA, in partnership with Centennial Management Corp., is in the process of redeveloping a 4.3 acre site between N. Seacrest Boulevard and NE 1st Street and between NE 6th and 7th Avenues. The $26 million dollar project will consist of 123 multi-family affordable 1-3 bedroom rental units with residential and site amenities, including a small flex and community space. The project is currently underway and scheduled to be completed in December 2020. • The BBCRA, in partnership with Centennial Management Corp., will also be redeveloping a 3.6 acre site on E. Martin Luther King Jr. Boulevard into an affordable mixed-use project consisting of 124 residential units and 8,500 square feet of commercial space. The $30 million dollar project is fully funded and construction is scheduled to begin in the spring of 2021. • As part of the 16.5 acre mixed-use P3 Town Square Project, the BBCRA and the City partnered to fund and complete the construction of a new municipal complex consisting of a City Hall/Library building, District Energy building, Fire Station, amphitheater and public spaces, a fully inclusive playground, and the $11 million renovation of the historic High School building into a Cultural Center with a meeting and convention space for use by the public and a future hotel. The Town Square Project is located at the SE corner of E. Boynton Beach Boulevard and N. Seacrest Boulevard and will feature private development of a hotel along with residential and commercial components to complement the public facilities. The publicly owned elements were completed in July 2020. 2. Property Disposal and Project Description This RFP/RFQ is being issued for a project known as the Cottage District Infill Housing Redevelopment Project (the "Project"), and is seeking proposals for the acquisition and redevelopment of a BBCRA-owned property identified in this RFP/RFQ. The Project site is approximately 4.2 acres of vacant property located between N.E. 4th and N.E. 5th Avenues and N. Seacrest Boulevard and N.E. 1St Street, Boynton Beach, Florida. The Project site lies within the BBCRA Heart of Boynton District boundaries and is identified in the BBCRA Plan as a priority residential site. 01353549-2 Page 3 of 36 Additionally, the property is also located in the PBC Qualified Opportunity Zone. For more information, see httl2:-/-/mal2s.co.12alm-beach.fl.us-/cwgis/?al2l2=12bc interactive. All proposals must be in conformance with and in furtherance of the BBCRA Plan.The BBCRA Plan may be accessed on the BBCRA website: www.boyntonbeachcra.co The proposed redevelopment of this site shall be consistent with the recommendations made within the BBCRA Plan. The BBCRA Plan's goals are to leverage this publicly owned real estate asset to support the overall redevelopment of the Heart of Boynton community and surrounding area, to increase affordable home ownership opportunities for low and moderate income households within 80-140% Palm Beach County Area Medium Income (AMI), and to provide quality public enhancements that improve the economic, cultural and aesthetic quality of life for residents of the community. For more information on the annual published Palm Beach County AMI see http://discover.pbc ov.or HES/ a es Housing ortgaue- roara s.aspx. Development proposals should include traditional residential amenities, as well as those to enhance or improve existing community assets. Overriding goals for the future Project include quality design through the use of urban design principles, and the use of alternative energy sources where possible. Proposals shall incorporate a publicly accessible neighborhood pocket park to be located along the eastern portion of the site. Firms or entities responding to this RFP/RFQ ("Proposers") are encouraged to exercise creativity in defining a concept that satisfies the vision of the BBCRA Plan, use of applicable and appropriate zoning or entitlements, and sound real estate development practices. Pursuant to Section 163.380(2), Florida Statutes, offers for the acquisition of the properties for less than fair value shall require approval by the Boynton Beach CRA Board and the Boynton Beach City Commission. 3. Land Use Regulations. The Heart of Boynton District section of the BBCRA Plan provides information on the vision for future redevelopment within this area, which includes the Project site. The recommended future land use Land Use designation for the property is High Density Residential (HDR) with a corresponding Zoning designation of Multi-family Residential District(R-4) or Infill Planned Unit Development District(IPUD) which supports a maximum density of 15 units/acre (plus a 25% density bonus for the creation of workforce housing) and maximum built height of 45 feet. It is the responsibility of each Proposer to review the City of Boynton Beach Land Development Regulations and Workforce Housing Ordinance for applicable guidelines and limitations. As stated in the BBCRA Plan,the community supports construction of one and two story units with a maximum height of three stories, if located within the interior of the site. 01353549-2 Page 4 of 36 4. Palm Beach Coun1y Impact Fees. Development of the property will be subject to Palm Beach County Impact Fees. Please contact Impact Fee Coordinator for PBC, \A/ Uie Swoope at (561) 288'5025| for specific information regarding impact fees and/or credits applicable to the proposed development, or to download relevant information go to: 5. Survey and Appraisal. Aulaerial boundary and parcel map along with acopy o[the property survey inincluded with this OF9'OF0 an Attachments 'A" and "B." An appraisal of the subject properties was completed and is available in electronic form upon written request to the BBCRA. Proposers should not rely solely on the information in the appraisal when compiling proposal. The appraised value should beconsidered with all offers and requests for BBCOAincentives 6. Architectural and Design Considerations. The Project should include quality architectural design and site development standards that enhance the area and adjacent neighborhoods. Proposers should review the BBCRAPlan for Project development and design guidance. Proposals will beevaluated ontheir adherence and incorporation of architectural and design elements presented in the BBCRA Plan listed above and the design examples under Attachment"k." 7. Incentives for the Project. Under Chapter 163, Florida Statutes,the BBCRA is empowered to encourage and incentivize redevelopment within the BBCRA Redevelopment Area consistent with the BBCRA Plan.The BBCRA is committed to meeting the goals and objectives of the BBCRA Plan and will support the Project with policies and funding. To support the Project under this RFP/RFQ,the following incentives are available: • The BBCRA may provide financial incentives to enhance home ownership opportunities, such an but not limited to, infrastructure improvements, second mortgage subsidies, and/or assistance with County and State grant or funding applications. • The BBCRAmay provide support and assistance with obtaining Palm Beach County Impact Fee credits, City of Boynton Beach Utility Cap fees or any other applicable fee credits or waivers that do not involve additional BBCOA[unding. • The BBCRA may provide support and assistance in pursuing any permits or approvals that may be required to expedite the selected site development plan. • The BBCRA has allocated $38S,82S in the FY 2020-2021 Budget for the Project. 8. Proposer Registration. All entities interested in responding to this RFP/RFQ must register their name, address, telephone number, and an email address with the BBCRA by emailing Michael Simon, Executive Director, at SimonM@bbfl.us. Any information concerning addenda, changes, additions, clarifications, notices, and other topics related to this RFP/RFQ will be sent to registered proposers using the registration information provided. 9. Additional Information. After the proposals are received by the BBCRA, the BBCRA may make requests to Proposers for clarifications, assurances, or for other details including, but not limited to, financial and disclosure data relating to the proposal or proposer (including all affiliates, officers, directors, partners and employees). Any inquiries of a general nature applicable to all proposers will be directed to all proposers. Following submission of a bid, the proposer agrees to promptly deliver such further details, information and assurances, including, but not limited to, financial and disclosure data relating to the bid and/or the proposer (including the proposer's affiliates,officers,directors,partners and employees),as requested by the BBCRA. 10. Requirements for the Proposed Project All proposals must include the following: • Construction of single family fee simple, owner occupied dwelling units consisting of either detached, attached or combination of the two. • Height limitations for the units should be maintained at one, two or three story units with strong consideration given to the placement of any proposed three story units within the interior of the Project and a two story limitation along the perimeter of the proposed Project site. • Street lights installed along the entire perimeter of the Project that are complimentary to those existing along N. Seacrest Boulevard adjacent to the Project site. • On-street parking spaces where feasible. • Minimum five-foot sidewalk width along the entire perimeter of the Project. • Use of street and site trees that "exceed the minimum size and caliper requirement" of the City's Land Development Regulations to be installed as part of the proposed Project. • Creation of a neighborhood pocket park on the east portion of the site along NE 1St Street. The pocket park must be included in the Project's site plan and must include landscape,hardscape and accent lighting features.Once constructed by the successful Proposer, the pocket park will be open to the public and therefore will be deeded to 01353549-2 Page 6 of 36 the City of Boynton Beach. The successful proposer may be required to enter into a maintenance agreement with the City of Boynton Beach for the pocket park. • Plan for inclusion of workforce housing units, for households within 80-140% Palm Beach County Area Medium Income (AMI) • Housing should be constructed with maximum efficiency and sustainability in mind (Attachment F). 11.Deed Restriction and Homeowners and Property Owners Associations The BBCRA may require a deed restriction on the use of the properties as fee-simple residential development to preserve the home ownership opportunities in the neighborhood and/or require the establishment of a Homeowners or Property Owners Association. 12.Required Elements of Proposals. Proposals must contain all of the following documents and information in order to be deemed complete. Proposals not deemed complete may be rejected. a. Provide a general written statement describing the qualifications of the proposer and background information on the principals. If the selected developer is a public corporation, provide copies of its annual report or SEC filings as appropriate. b. Provide a certificate of good standing from the Secretary of State of Florida and the state in which the corporation is headquartered, if not Florida. c. Provide a copy of the commercial lease agreement, if applicable, or proof of property ownership at the location the proposer is currently licensed to do business. If the Proposal is submitted by more than one entity, each entity much provide the requested information separately. d. Provide a list of key personnel that will be directly involved in proposed Project's development or management team, along with their professional qualifications and a list of similar projects on which they have actively participated. Provide no less than three and no more than ten related projects for this item. e. Provide a written list of similar projects developed by the proposer that were completed, including photographs,addresses, dates the projects were completed, and general project description. Provide no less than two and no more than ten projects for this item. If the Proposal is submitted by more than one entity, each entity must provide the information requested separately. f. Provide a detailed description of the proposed Project, with text and graphics. This should include but not limited to a schematic site layout plan; proposed density, intensity, and height; parking locations; a breakdown of the proposed total number of housing units and housing unit types (attached or detached), including number of bedrooms and bathrooms, and square footage for each unit type and elevations, as well as the items listed in Paragraph 6, "Architectural and Design Considerations," and Paragraph 10, "Requirements for the Proposed Project," of this RFP/RFQ document. 01353549-2 Page 7 of 36 g. Provide a proposed project pre-development, construction development and sales pro forma. The pro forma shall include and clearly identify the funding sources and costs of the Project including those of property acquisition from the BBCRA along with any proposed funding assistance being requested of the BBCRA, if applicable. h. Within the list of funding sources, provide the dollar amount of any proposer equity and investment contributed to the proposed Project. L If the Project is proposed to use subsidies from other qualified entities, proposer must provide a list of those entities and demonstrate experience with obtaining such project-based subsidies for affordable housing by listing projects and the amount and type of subsidy utilized. j. Provide a description that will indicate how the units will be sold, strategies of outreach to the end users and community, proposed sale price ranges that are supported by the financial plan and pro forma, and the Project's proposed absorption rate. k. Provide a description of how the proposer will make attempts to utilize local qualified contractors, and sub-contractors as part of the completion of the proposed Project. Documentation of this effort will be required as part of the project monitoring. 1. Provide a strategy of how the proposer will engage the adjacent homeowners in the overall development of the Project. Engagement may consist of, but is not limited to improvements to common neighborhood elements such as contiguous public sidewalks, decorative pedestrian scale lighting, landscape design, or assistance with grant funding for architectural elements that would enhance the curb appeal and contribute to the cohesive design of the neighborhood. m. Provide proof of financial capability to complete the proposed Project. Financial capability may be demonstrated by submitting a current (audited, if available) financial statement of the proposing entity which includes a balance sheet, a three-year statement of past income, and a projected one-year income statement for the current fiscal year for the proposer (and its parent entity if proposer is a subsidiary). Tax returns may be substituted for financial statements. When possible, the proposer should also submit third party evidence of the ability to secure financing such as a preliminary financing commitment letter or letter of interest from a lending institution or other primary source of investment financing. A firm financing commitment from a lending institution or other source of investment financing may be required prior to the closing of the sale of the Project property, or as otherwise stipulated in negotiated agreements between the successful proposer and the BBCRA. Information regarding any legal or administrative actions, past or pending, that might impact the capacity of the proposer (or its principals or affiliates) to complete the Project must be disclosed. Disclosure of any bankruptcies by any of the above or related entities during the past ten years must be made with the RFP/RFQ. Financial information should be submitted in a separate, sealed envelope or package and marked 'confidential.' Financial information will be accepted only from the Proposer. n. A signed written statement of intent to purchase the Project property indicating the proposed purchase price along with a statement of willingness to execute a 01353549-2 Page 8 of 36 Purchase and Development Agreement within 90 days of selection if selected.Any Purchase and Development Agreement ("Agreement") will contain performance- based criteria and milestone timelines for items such as, securing debt funding, formal site plan application, commencement of construction, limitations on transferability or assignability of the Agreement without prior approval from the BBCRA, termination provisions for failure to meet the criteria listed and other provisions to adequately define the rights, duties and obligations of the parties. The Agreement may also contain a reverter clause. o. Provide authorization to Perform Credit Check for each proposer or Business entity. The Authorization must be executed by the appropriate officer of proposer entity (see Attachments "G" and "H" Disclosure and Authorizations to Perform Credit Check forms). p. A list of all civil and criminal legal actions in which each proposer entity (and its parent entity if it is a subsidiary) is currently a named party or was a named party in the past four years, providing the case number, case description, the state of jurisdiction,and disposition (or status) of each case. Proposer(s) may include any additional relevant information. If there are no legal actions to disclose, provide a written statement attesting to this fact. q. Provide a PowerPoint presentation of the proposal, consisting of no more than 1S slides. r. All other requirements contained in this RFP/RFQ including all attachments that request a proposal or information from the Proposer. s. An acknowledgement letter attesting that the proposer has read and understands all procedures and requirements of this RFP/RFQ (see Attachment"D"). 13.Submittal Requirements. a. Location and Deadline. Proposals must be received by the BBCRA at 100 E. Ocean Avenue,Boynton Beach, FL 3343S on or before October 23, 2020,no later than 3:00 p.m. Eastern Standard Time (the Deadline). Proposals received after to the date and time set forth above will NOT BE ACCEPTED FOR CONSIDERATION. Proposers may withdraw submitted proposals and resubmit at any time prior to the Deadline. b. Form and Number of Copies. Proposals must be delivered in a sealed box or envelope. Faxed and emailed proposals will not be accepted. In total, one bound original proposal document must be submitted with a title page listing the name of the RFP/RFQ and the submitting proposer along with one unbound but clipped copies of the proposal and one digital copy of the complete proposal in PDF format on a labeled CD/DVD or thumb drive. Proposals shall be clearly marked on the outside of the envelope or delivery box container as follows: 01353549-2 Page 9 of 36 Request for Proposals and Developer Qualifications Cottage District Infill Housing Redevelopment Project Issue Date:August 17, 2020 Submittal Deadline: October 23, 2020, no later than 3:00 p.m. c. Completeness.All proposals must be complete upon submittal to the BBCRA. d. Signature. The proposal, and any documents submitted with the proposal that require a signature, must be signed by an individual authorized by proposer to legally bind and represent Proposer. e. Failure to Meet Submittal Requirements. The failure to meet the Deadline, submit a proposal that complies with the form and number of copies requirements, or submit a complete proposal may result in the proposal being rejected and returned at the sole discretion of the BBCRA. f. Proposal validity.Proposals shall remain valid and binding on Proposers for 180 days after the submittal date. 14.RFP f RFQ Documents. The following planning and site documents are included in this RFP/RFQ and may be obtained from www.boyntonbeachcra.co (click RFPs/RFQs/ITBs Tab on right hand side). • Geo-technical Report • Project Site Survey • Property Appraisal • 2016 BBCRA Redevelopment Plan • 2009 The Downtown Vision and Master Plan In addition, all Proposers are encouraged to walk the Project location and will be assumed to have performed all necessary inspections on the property. 15.RFP f RFQ Proposal Evaluation and Selection Process. The BBCRA staff shall review each proposal and make a determination as to whether each proposal meets the minimum submission requirements for review, including whether the proposal is complete, and whether it fully complies with the terms and conditions outlined in this RFP/RFQ.A Proposer's failure to provide a substantially complete RFP/RFQ proposal submission may result in the submission not being evaluated. The BBCRA may request clarification of submitted information from any Proposer. The confidentiality of proprietary information from competing Proposers shall be maintained to the extent permitted by law. a. In addition to meeting the minimum requirements of this RFP/RFQ each proposal will be evaluated based on the information provided and on the following criteria, which are listed below in order of importance: 01353549-2 Page 10 of 36 L Experience in completing comparable development projects within markets similar to the project area. ii. Experience in development of affordable or workforce attached and detached single family fee simple products and/or developments. iii. Project's adherence to the goals and objectives of the RFP/RFQ and referenced BBCRA planning documents, adherence to items listed in Paragraph 6, "Architectural and Design Considerations," and Paragraph 10, "Requirements for the Proposed Project,"resident amenities, and public benefits. iv. Proposed financial terms, purchase price, development and operating pro forma. v. Proposed plan or program to use local contractors, sub-contractors and laborers in the Project. b. After the BBCRA staff reviews the proposals for completeness and evaluates the proposals based on the criteria above, the BBCRA staff will present the results of the review and evaluation process to the BBCRA Board at a public meeting. The BBCRA Board will then consider all proposals that meet the minimum submission requirements for review. c. The Proposers may be asked to present their PowerPoint slide presentation before the BBCRA at their regularly scheduled meeting in the City Commission Chambers at City Hall located at 100 E. Ocean Avenue. In addition to a presentation to the BBCRA Board, the Proposers may be asked to present their Proposals before the BBCRA Advisory Board at their regular meeting. The BBCRA Advisory Board acts as a recommendation body to the BBCRA Board. d. At the conclusion of the public presentations, a proposer may be selected by the BBCRA Board. However, the BBCRA Board is under no obligation to select a proposer regardless of their ranking, and can, at its sole discretion, opt to terminate the RFP/RFQ process or continue the process to a subsequent meeting. e. The existence of a contractual relationship between a proposer and the BBCRA is contingent upon successful negotiations between the BBCRA and a selected Proposer, and execution of an agreement by both parties. Therefore, upon selection of a successful Proposer, the BBCRA and the successful proposer will then enter into negotiations for a Purchase and Development Agreement that will contain terms substantially similar to those contained in the successful proposal and this RFP/RFQ. L Any Purchase and Development Agreement mustbe in a form approved by the BBCRA Board and BBCRA legal counsel. ii. If the BBCRA and the successful proposer are not able to agree upon a Purchase and Development Agreement satisfactory to both parties within 90 days of the selection of the successful proposer, the proposer shall have the right to terminate the negotiations. The BBCRA may terminate negotiations at any time for any reason. 01353549-2 Page 11 of 36 iii. If the BBCRA sends an agreed-upon Purchase and Development Agreement, or sends a Purchase and Development Agreement with a communication that informs the proposer that the agreement constitutes the BBCRA's final offer, and the proposer fails to return an executed copy of the provided Purchase and Development Agreement within 30 days of receipt of such agreement from the BBCRA, the negotiations are deemed terminated unless the BBCRA explicitly extends the deadline in writing. iv. The BBCRA may withdraw its offer of agreement,including a final offer,at any time prior to acceptance of such agreement. v. Upon termination of negotiations or withdrawal of the offer of agreement,the BBCRA may move forward as it deems appropriate, which may include entering into negotiations with another Proposer, re-advertising the RFP/RFQ electing to terminate the RFP/RFQ process, or any other action it deems to be in the best interest of the BBCRA. f. Any transfer of the property from the BBCRA to a proposer may be subject to approval of the City of Boynton Beach. 16.Tentative Schedule. The following tentative schedule is anticipated for actions related to this RFP/RFQ.All dates, times,and locations are subject to change.All changes will be posted to the BBCRA's website at www.boyntonbeachcra.co . Issue Date: August 17, 2020 Request for Information Deadline: October 12, 2020, 5:00 p.m. Submittal Deadline: October 23,2020,by 3:00 p.m.,BBCRA Office Presentation to the BBCRA Advisory Board*: November 5, 2020, at 6:30 p.m., City Hall Presentation to BBCRA Board*: November 10, 2020, at 5:30 p.m., City Hall Purchase &Development Agreement to BBCRA Board*: January 12, 2021, at 5:30 p.m., City Hall (*Note:Dates above subject to change—registered interested parties will be notified by email of changes, if any) 17.Contact and Questions a. Contact Information. All correspondence, questions, and requests for clarifications related to this RFP/RFQ must be directed to the person designated as the procurement officer for this RFP/RFQ: 01353549-2 Page 12 of 36 Michael Simon, Executive Director Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue, 4th Floor Boynton Beach, Florida 33435 Phone: (561) 600-9091 Email: Si on @bbfl.us b. Form of Contact; Answers in the Form of Addenda. All correspondence, questions, requests must be submitted in writing via email to the person identified above and may be submitted at any time but no later than 5:00 p.m., on October 12, 2020.All answers to questions, clarifications,and interpretations will be issued in the form of addenda, which become part of this RFP/RFQ. The proposer must acknowledge receipt of each addenda by completing the Addenda Acknowledgement Form and including it with the submitted Proposal (see Attachment "U). It is the responsibility of all proposers to obtain, review and respond to any and all addenda issued. Oral explanations, information, and instructions shall not be considered binding on the BBCRA. All proposers are encouraged to independently verify the accuracy of any information provided. Neither the BBCRA nor any of its agents or employees shall be responsible for the accuracy of any oral information provided to any proposer, or to any assumptions made by Proposer. Written proposals to all written questions submitted shall be maintained by the BBCRA in the RFP/RFQ file. c. Limitations on Communications; Cone of Silence; No Lobbying. proposer or persons acting on Proposer's behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the BBCRA posting the notice of intended award (excluding Saturdays, Sundays, and state holidays), any employee, officer, or board member of the BBCRA concerning any aspect of this RFP/RFQ except in writing to the procurement officer or as provided in the RFP/RFP documents. Violation of this provision may be grounds for rejecting a proposal. Further, during the same time period, proposer or persons acting on Proposer's behalf may not contact any BBCRA Advisory Board Member, or any other person working on behalf of the BBCRA on any matter related to this RFP/RFQ. Communication prohibited by this RFP/RFQ or by any other state,federal,or local law or regulation, may cause an individual or firm to be disqualified immediately from participating in the proposal or selection process. Any violation of this condition may result in rejection and/or disqualification of the Proposer's proposal. For purposes of this section,persons acting on Proposer's behalf shall include,but not be limited to, the Proposer's employees, partners, attorneys, officers, 01353549-2 Page 13 of 36 directors, consultants, lobbyists, or any actual or potential subcontractor or consultant of the Proposer. This "Cone of Silence/No Lobbying" is in effect from the date of publication of the RFP/RFQ and shall terminate 1) at the time the BBCRA Board selects a Proposer, rejects all proposals, or otherwise takes action which ends the solicitation process; or 2) at the end of the 72-hour period following the BBCRA posting the notice of intended award, excluding Saturdays, Sundays, and state holidays,whichever is later. 18.Disclosure and Disclaimer. Proposer understands and acknowledges that to the extent permitted by law, the BBCRA retains all rights, at its sole and absolute discretion,to: a. Withdraw this RFP/RFQ at any time; b. Modify the schedule associated with this RFP/RFQ; c. Issue addenda to this RFP/RFQ; d. Request additional information, clarifications, or assurances from one or more Proposers or prospective Proposers; e. Reject any and all proposals; f. Refrain from awarding an agreement as a result of this RFP/RFQ; g. Verify the accuracy of any information provided; h. Accept proposals that deviate from this RFP/RFQ; L Disqualify or reject proposals that are incomplete, untimely, or unclear; j. Re-advertise this RFP/RFQ and accept new proposals; k. Obtain economic feasibility studies or third party evaluations with regard to any part of any proposal; 1. Evaluate the proposals through any process that complies with the BBCRA Procurement Policy, this RFP/RFQ and applicable Florida Statutes, m. Select the one or more successful proposals or Proposers it deems will be in the best interests of the BBCRA,regardless of which proposal appears to offer the best monetary value to the BBCRA; n. Waive any required element or condition found in this RFP/RFQ for all proposals or for a specific proposal; o. Waive any formalities associated with this RFP/RFQ; p. Negotiate agreements, abandon or withdraw from negotiations, approve agreements, and take other similar actions as a result of this RFP/RFQ. Any proposer who submits a proposal in proposal to this RFP/RFQ fully acknowledges all the provisions of this disclosure and disclaimer and agrees to be bound by the terms hereof. In the event of any differences between this disclosure and disclaimer and the balance of the RFP/RFQ, the provisions of this disclosure and disclaimer shall govern. If proposer fails to fully comply with all requirements of this RFP/RFQ proposer or proposer's proposal may be disqualified. 01353549-2 Page 14 of 36 19.Protests. The BBCRA Bid Protest Policy is available upon request. Submittal of a proposal constitutes acceptance of this policy. 20.Non-Discrimination. The selected Proposer,on behalf of itself,its successors and its assigns,agrees that no person shall, on the ground of race, color, disability,national origin, religion,age,familial status,sex, or sexual orientation, be subjected to discrimination in any way that is associated with the RFP/RFQ, the BBCRA, the proposal, any agreement resulting from this RFP/RFQ, or the Project. 21.Permits, Taxes. Licenses and Laws. The successful proposer will be required to pay for and/or obtain, at its own expense, all permits, licenses, fees, and taxes required, and to comply with all federal, state, and local laws, ordinances, rules, and regulations applicable to responding to this RFP/RFQ and carrying out the Project. 22.Sensitive and Proprietary Information. The BBCRA will maintain the confidentiality of sensitive and proprietary information to the extent permitted by law. The BBCRA will consider all other information, documentation and other materials submitted in proposal to this RFP/RFQ to be of non-confidential and or non- proprietary nature and therefore subject to public disclosure under Chapter 119 of the Florida State Statutes. 23.Public Records. The BBCRA is public agency subjectto Chapter 119,Florida Statutes.The successful proposer shall comply with Florida's Public Records Law. Specifically,the successful proposer shall: a. Keep and maintain public records that ordinarily and necessarily would be required by the BBCRA in order to perform the service; b. Provide the public with access to such public records on the same terms and conditions that the BBCRA would provide the records and at a cost that does not exceed that provided in Chapter 119, Fla. Stat., or as otherwise provided by law; c. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and d. Meet all requirements for retaining public records and transfer to the BBCRA, at no cost, all public records in possession of the proposer upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt.All records stored electronically must be provided to the BBCRA in a format that is compatible with the information technology systems of the BBCRA. 01353549-2 Page 15 of 36 IF PROPOSER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO PROPOSER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS RFP/RFQ, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (561) 600- 9091; 100 E.Ocean Avenue,4th Floor,Boynton Beach,Florida 33435,SimonM@bbfl.us. 24.Public Entity Crimes Statement. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity;may not submit a bid,proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. In order to qualify for consideration under this RFP/RFQ, proposer must complete and attach Attachment"J,"Public Entity Crimes Statement. 25.Drug Free Workplace Certification Preference shall be given to Proposer(s) with drug free work programs,under the standards described in Section 287.087, Florida Statutes.Whenever two (2) or more proposals that are equal with respect to price, quality and service are received by the BBCRA or by any political subdivision for the procurement of commodities or contractual services,a proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to receive such preference, the proposer shall complete and submit with its proposal the attached certification,Attachment"K," Drug Free Workplace Certification. END OF MAIN DOCUMENT PROCEED TO ATTACHMENTS 01353549-2 Page 16 of 36 List of Attachments: A. Project Location Map B. Project Location Survey C. Proposer Information D. Acknowledgement Letter E. Design Examples F. Energy Efficiency Guidelines Checklist G. Disclosure and Authorization to Perform Credit Check H. Authorization to Perform Credit Check I. Authorization for Release of Information J. Public Entity Crimes Statement K. Certification of Drug Free Workplace Program L. Addenda Acknowledgement M. Certification of Non-Scrutinized Entity 01353549-2 Page 17 of 36 ATTACHMENT "A" PROJECT SITE LOCATION MAP a 41 rs M }� , } IIS 1 i i „ 01353549-2 Page 18 of 36 -(b' dd 9t 30vd'SZ'e �d)NO 33015 ANNI76 tN0018'S45101 ...9Zl tStl .... (h (-aJ8d 6S 39tld ZEd)N'II S08 DI IOIAO IOIIOHVd3H6 Y < _ f £NOOIB'B 8 4'E Z't 510130 ShOI1t30d N W W 9NIddVkV?5NlA3AHns a�Og Btl'8��� — 8LpZ1LtiEp � 'ON7`S31V700SSd8WOt1(hV Am ns DINdvN'JOdO1F AWGNn(>e d A38iS 14 3 N — _ i.LO'Zt£ .t. 3.SZ.m,s �' a rr. ` aS i " 0 o r v 3 .b6'6tr/ M..£Z.tS,40N r W ti 11 z m 89'Btrl 3.sZ lEot05 o — _ z i t x s -- ———i Z = x k e � r s H 0066 M.sZ VE LON �. U C �€ Lt 66 3.q Zul£>40S � s Hui ,Os'604 MSZ.tE,�ON s IN -14 0 3 R r y` I � r a i 1 a i r y 5 P� a . M..Ls.tE>69N, ... -- -- OaVA3l(1O91S3a�V3S 4. i e= k SF 1 S m ¢ � 5 � � 6 a fr FS p 5 o. E S E E� _ sl iF - €m m.E & k E S $ 21 iR ai Z iYLY 4 – l8 c Y o r� a, m E P 4 n i L a ATTACHMENT "C" PROPOSER(S) INFORMATION Name: Street Address: Mailing Address (if different): City, State, Zip: Telephone No. : Fax No: Email Address of Contact Person: Ownership Status - Is the company currently for sale or involved in any transaction to expand or to be acquired by another business entity? If yes, please explain the impact to the organization and management efforts. Age of Organization - In continuous business since: Leadership - List Corporate Officers, Principals, Partners or owners of your Organization with titles and addresses. If a publicly held company, list Chairman of the Board, CEO, and President: Federal Identification No.: State of Incorporation & Registration No.: If not a corporation, explain your status: 01353549-2 Page 20 of 36 ATTACHMENT "D" ACKNOWLEDGMENT LETTER PROPOSER(S) SHALL INCORPORATE THIS ACKNOWLEDGEMENT LETTER IN THEIR SUBMITTAL PACKAGE ********************************************************************************** Re: Boynton Beach Community Redevelopment Agency Request for Proposal/Request for Qualifications (RFP/RFQ) dated August 17, 2020 Cottage District Infill Housing Redevelopment Project To Whom It May Concern: The undersigned has read the Boynton Beach CRA(BBCRA) Request for Proposal/Request for Qualifications (RFP/RFQ) for the Cottage District Infill Housing Redevelopment Project, dated August 17, 2020. On behalf of proposer identified below and our proposal team, we agree to and accept the terms, specific limitations, and conditions expressed therein. We have read, rely upon, acknowledge and accept the BBCRA's disclosure and disclaimer, which is fully incorporated by reference into this letter, and certify that all of the requirements as described in the RFP/RFQ are met and all required documents are enclosed. We further certify that all information presented in this proposal,and all of the information furnished in support of the proposal,is true and complete to the best of our knowledge and belief, and we are aware of the fact that making false statements or presenting false information that results in an Agreement may be penalized to the maximum extent allowed by law. Sincerely, Name of Proposer Print Name and Title Authorized Signature Date 01353549-2 Page 21 of 36 ATTACHMENT "E" DESIGN EXAMPLES LOCAL HISTORIC ARCHITECTURAL EXAMPLES G, t: �{Y d �Y 1„ i a Y ti 01353549-2 Page 22 of 36 ATTACHMENT "E" (continued) SAMPLE ELEVATIONS - 7-1 at ILI 9 r, Rt „ j .. a , , 9 , z t, �'j v'" , — �F ,•a�A i —j- 01353549-2 Page 23 of 36 ATTACHMENT "E" (continued) Alternative Carport Options and Urban Neighborhood Site Plan Concepts P' Riga K �k graphics below by Looney Ricks Kiss Architects, Inc. 1"KJNh LAT)¢6.� a ,f g� �arARe A M1 lie:er w�yta'pnn tx Cywa d'RWtuw Atln.s,rmakxi a # k i� Mr ka 41"'—" rt a a h., to6, +oae ( L�som .4 a a t a x:rx !1k ,emm— Ric Ale 1,m&'f caw r �m 4'4'�� aka h. l ' $ wA W t a JA MSg^— qr -..es r. Lip tY4➢ds 6'k W- 1.' 1 1• f ! tl 9� gym' Ur fi7>t+w,9a 3 N44"'. n F x�'Us am�r xv+.9� +� avea�.u.«kFt.^w arca as�u�Saa ca r.w. 01353549-2 Page 24 of 36 graphics below by Looney Ricks Kiss Architects, Inc. 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P wA t f r 7 �4• � � �It 3�I " �E .4:�o`-t� k �k tu..w'utrc "Om w l NOW-11M i x P_ s " 4 y [ ry �.�+ %,:PPTyE€l "s� Uri 40'-5(Y s 'Stye f+e, 4 a sr3r 1 ' wiw aJl7Eq�3- r,�«�rar �wzirxi�ns�°Fr a,ataswt Y»r�>x& I t Aw f i, t�i � � � •,ti, an Awa,�.�e „i�.e�r��tm rs tai. ri t AW �a',rv`sW waure t,La s.urw�r,e cwce. ,.,a � d,.as Faa 6yaF5�.n��� tw,rw,ux I�° kar3 t„, „s graphics below by Looney Ricks Kiss Architects, Inc. 01353549-2 Page 27 of 36 e. Crr «T rt50W r h 3 f u ko� mom A B 9 n, S ` F¢` !G r E 1 i' k 9 a a r ,iN� 5 �v am,eri�,�w,�'- �=+3•Has 4a�wFs��.p s w a+ 3 � i r� df� y 3 Ell 01353549-2 Page 28 of 36 ATTACHMENT 7" ENERGY EFFICIENCY GUIDELINES CHECKLIST The respondent will ensure that, to the greatest extent possible, all construction within the proposed Cottage District development meets the following minimum standards. Through the execution of this Exhibit, the proposer is certifying that the following elements checked below will be incorporated into their development plan. Energy-efficient Construction Techniques and Products ❑ Proper installation of insulation to ensure even temperatures throughout the house per FBC-Residential requirements ❑ Installation of high performance impact windows per Florida Building Code (FBC)- Residential requirements ❑ Installation of energy-efficient HVAC systems - Energy Star compliant ❑ Installation of new Energy Star compliant products including light fixtures, LED bulbs, ventilation and exhaust fans and appliances (refrigerators, dishwashers, and washer/dryer machines) Improved Indoor Environments ❑ Building envelope, duct systems and vents must be properly sealed to prevent cracks and holes ❑ Carpet, pads, and other surface materials and installation must comply with the Carpet and Rug Institute's Green Label Certification ❑ Utilization of only low Volatile Organic Carbon paints, finishes, and sealants ❑ Utilization of proper water vapor barrier and other applicable sealing methods to eliminate any possibility of mold ❑ Installation of programmable thermostats in all units Increased Water Efficiency ❑ Installation of low volume, non-spray irrigation system ❑ Incorporation of landscape practices recommended by the University of Florida's Florida Friendly Landscape Program (http://fyn.ifas.ufl.edu/) and compliance with the Landscape Regulations of the City of Boynton Beach. ❑ Installation of low flow toilets and sink faucets 01353549-2 Page 29 of 36 ATTACHMENT "G" DISCLOSURE AND AUTHORIZATION TO PERFORM CREDIT CHECK An authorization to Perform Credit Check will need to be completed by each Principal/Owner. For Principal f Owner: (Please use a separate form for each principal/owner) As Principal/Owner of Proposer, I (name) hereby affirm I have read the above disclosure, and consent to and authorize the Boynton Beach Community Redevelopment Agency's (`BBCRA") investigation into my credit worthiness. Such consent and authorization is given with respect to any and all persons who may conduct an investigation of my credit worthiness on behalf of the BBCRA, including independent contractors and credit agencies retained by the BBCRA for such purpose. Any information provided to the BBCRA is a public record subject to the provisions of Ch. 119 F.S., and I may request a copy of any information provided to the BBCRA as part of the BBCRA's investigation into my creditworthiness. I grant such consent and authorization to the BBCRA for the period commencing as of the date of this authorization and terminating at the time a Proposal is selected by the BBCRA Board. I hereby waive any and all claims,past present or future,which I may have against the BBCRA by reason of any credit investigation made pursuant to my consent and authorization herein given to the BBCRA. Proposer Name: Principal/Owner Name: Date of Birth: Current Home Address: Previous Home Address: Email: Phone #: Signature: Date: Print Name: 01353549-2 Page 30 of 36 ATTACHMENT "H" AUTHORIZATION TO PERFORM CREDIT CHECK For Proposer (Business EntftyL. The proposer hereby consents to and authorizes the Boynton Beach Community Redevelopment Agency's ("BBCRA") investigation into the creditworthiness of the Proposer. Such consent and authorization is given with respect to any and all persons who may conduct an investigation of the Proposer's credit worthiness on behalf of the BBCRA, including independent contractors and credit agencies retained by the BBCRA for such purpose. Any information provided to the BBCRA is a public record subject to the provisions of Ch. 119 F.S. Proposer grants such consent and authorization to the BBCRA for the period commencing as of the date of this authorization and terminating at the time a Proposal is selected by the BBCRA Board. This proposer hereby waives any and all claims, past present or future, which the proposer may have against the BBCRA by reason of any credit investigation made pursuant to Proposer's consent and authorization herein given to the BBCRA. An authorization to Perform Credit Check will need to be completed by each Principal/Owner and by the Business. Proposer (Business) Name (D/B/A if applicable): Current Business Address: Federal Tax ID# State of Incorporation: Phone #: Fax#: Authorized Signature: Date: Print Name: Title: 01353549-2 Page 31 of 36 ATTACHMENT "I" AUTHORIZATION FOR RELEASE OF INFORMATION To whom it may concern: The undersigned hereby authorizes you to release to the Boynton Beach Community Redevelopment Agency (BBCRA) or the City of Boynton Beach any information in your possession regarding the undersigned either of a professional credit or personal nature including the statement of your opinions with regard to the undersigned's professional credit and personal character, or of the proposer identified below. The undersigned also authorizes you to release to the Boynton Beach Community Redevelopment Agency (BBCRA) or the City of Boynton Beach any information in your possession regarding the business identified as "proposer"below. By: STATE OF FLORIDA COUNTY OF PALM BEACH THE FOREGOING INSTRUMENT was acknowledged before me this day of . 2020,by who is personally known to me or who has respectively produced as identification and did not take an oath. Notary Public: Print Name: Commission No: (Seal) My Commission Expires: Name: Home Address: Home Telephone Number: Business Telephone Number: Fax Number: Date of Birth: Professional License Number: Proposer (Business) Name: 01353549-2 Page 32 of 36 ATTACHMENT "J" PUBLIC ENTITY CRIMES STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not: submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity;submit a bid proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work; submit bids, proposals, or replies on leases of real property to a public entity; be awarded or perform work as a contractor, supplier,subcontractor or consultant under a contract with any public entity;or transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes,for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. As the person authorized to sign the Statement, I certify that proposer has not been placed on the convicted vendor list within the past 36 months and complies fully with the above requirements. Proposer Name Authorized Signature Print Name Title Date 01353549-2 Page 33 of 36 ATTACHMENT "K" CERTIFICATION OF DRUG FREE WORKPLACE PROGRAM I certify that . the proposer responding to this RFP/RFQ, maintains a drug-free workplace program, and that the following conditions are met: (1) Proposer publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace; and specifying the actions that will be taken against employees for violations of such programs. (2) Proposer informs employees about the dangers of drug abuse in the workplace, the company's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Proposer gives each employee engaged in providing the commodities or contractual services included in this RFP a copy of the statement specified in Subsection (1). (4) In the statement specified in Subsection (1), proposer notifies the employee that, as a condition of working in the commodities or contractual services covered under this RFP/RFQ he/she will abide by the terms of the statement; and will notify the employer (Proposer) of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 893 or any controlled substance law of the United States or any state,for a violation occurring in the workplace no later than five days after such conviction. (5) Proposer imposes a sanction on,or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by,any employee who is convicted. (6) Proposer makes a good faith effort to continue to maintain a drug-free workplace through implementation of this Section 287.087, Florida Statutes. As the person authorized to sign the statement, I certify that proposer complies fully with the above requirements. Authorized Signature: Date Name &Title (typed) 01353549-2 Page 34 of 36 ATTACHMENT "L" ADDENDA ACKNOWLEDGEMENT Receipt is hereby acknowledged of the following addenda to the The Boynton Beach Community Redevelopment Agency Request for Proposals and Developer Qualifications Cottage District Infill Housing Redevelopment Project By entering checking YES or NO in the space provided and indicating date received. No. 1 ❑ Yes ❑ No Date No. 2 ❑ Yes ❑ No Date No. 3 ❑ Yes ❑ No Date No. 4 ❑ Yes ❑ No Date No. S ❑ Yes ❑ No Date RFP/RFQ INFORMATION WAS OBTAINED FROM: ❑ BBCRA Website ❑ Newspaper Ad ❑ City Hall ❑ Other, please specify: Authorized Signature Print Name Title Date 01353549-2 Page 35 of 36 ATTACHMENT "M" CERTIFICATION OF NON-SCRUTINIZED COMPANY . as Proposer, hereby certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, and is not engaged in a boycott of Israel. If the BBCRA determines that this certification is falsified or contains false statements, or that proposer is placed Scrutinized Companies that Boycott Israel List or engages in a boycott of Israel after the submittal of the Proposal or the execution of any agreement arising out of this RFP/RFQ, the BBCRA may disqualify the Proposal and/or terminate the agreement. Proposer Name By: Authorized Representative of Proposer Date: STATE OF COUNTY OF SWORN TO and subscribed before me this day of 20 , by . Such person (Notary Public must check applicable box): [ ] is personally known to me [ ] produced their current driver license [ ] produced as identification. (NOTARY PUBLIC SEAL) Notary Public (Printed, Typed or Stamped Name of Notary Public) 01353549-2 Page 36 of 36 Z1, B J T IN IV =BRAY E,/",��yy,'�`4q(�. i4 g CO&WL TY ENCY ADDENDUM NO. 1 TO REQUEST FOR PROPOSALS AND DEVELOPERS QUALIFICATIONS (RFP/RFQ) COTTAGE DISTRICT INFILL HOUSING REDEVELOPMENT PROJECT October 14, 2020 TO ALL PROPOSERS AND OTHERS CONCERNED The Boynton Beach Community Redevelopment Agency (BBCRA) is issuing a Request for Proposals and Developer Qualifications (RFP/RFQ) for the acquisition and redevelopment of the BBCRA-owned properties within the Heart of Boynton District. These properties, collectively known as the Cottage District Infill Housing Redevelopment Project Site, are located between N.E. 4th and N.E. 5th Avenues and N. Seacrest Boulevard and N.E. 1 st Street, Boynton Beach, Florida (the "property" or"Project property"). The intent of this RFP/RFQ Addendum is to address to address any errors or misprint, provide supplement information, or provide clarification when requested. Proposers submitting proposals for the above- referenced project shall take note of the following changes, additions, deletions clarifications, etc., to the RFP/RFQ which shall become a part of and have precedence over anything shown or described otherwise. Question #1: On pages 7-9 in Section 12. Required Elements of Proposals, there are multiple instances of"If the Proposal is submitted by more than one entity, each entity much provide the requested information separately." Does separately mean that the CRA would like each team member to include this requirement in the proposal package or does the CRA intend each team member to submit this requirement separately to the CRA under separate cover? Answer: It is the intent of Section 12 to request information from the Proposer(s)where specified. The Proposer is the entity that will be entering into a Developer's Agreement with the BBCRA, not each of the professions that contribute to the Project. An example of a two Proposer submission where this would be applicable would be if a townhouse builder and a detached single-family housing builder"teamed" up to submit one proposal under one legal entity such as, but not limited to, a joint venture, LLC, or partnership. All necessary information from each builder will need to be combined into one proposal packet. Question #2: Would the CRA please specify which forms, if any, are required to be submitted by team members other than the Proposer? Answer: See response given to Question 1 above. Question #3: 3.a. Section 12, letter q. requires the inclusion of a PowerPoint presentation in the proposal. Would the CRA please explain the purpose of this/intended audience? Answer: The PowerPoint presentation will be used during the CRAAB and BBCRA Board meetings. 3.b. If the PowerPoint presentation is intended to be used in a shortlist presentation, are we able to make changes to the presentation after the submittal date and before the presentation or supplement the presentation? Answer: No. 1 Addendum No.01 Question #4: In the included Geo-technical Report, is the stated 2000 psi the maximum soil bearing capacity, or did the CRA specify this as the limit? Answer: The BBCRA did not provide any specifications prior to the performance of the Geo- technical Report. Question #5: Will the CRA consider alternatives to on-street parking? Answer: Any and all alternatives submitted by a Proposer may be presented to the BBCRA Board for their consideration as part of the Proposal. Question #6: Due to the circumstances surrounding COVID-19, would you consider permitting the submission of electronic copies instead of hard copies? Answer: No. Question #7: Please provide a list of all registrants. Answer: The following entities/individuals have registered as of the publication date of this Addendum: • Ace Development • Centennial Management Corp • Franck Gotsman • Boynton Beach Cottage District Development, LLC • Fox Ridge Capital • Aina Development, LLC • Lavoid Johnson • KHovmanian Homes • Pulte Group • WGI, Inc. Question #8: Can the CRA share any community comments with respect to previous development proposals and/or CRA development of the site? Answer: All of the meeting minutes and meeting videos for BBCRA Board meetings can be found on the BBCRA's website: www.boyntonbeachcra.com Questions #9-13: Drainage 9. Can we continue to sheet flow or pipe connect runoff to road right-of-way? 10. Can we use a pre-post reduction approach? 11. The road abutting lots, can we isolate them and do a pre-post for each? 12. Can we eliminate the 25 yr berm for these perimeter lots? 13. Is Legal Positive Outfall required? Answer: As part of a Proposer's due diligence, all of the above questions regarding drainage may be directed to the City of Boynton Beach Utilities Department. Questions #14-18: Water Distribution 2 Addendum No.01 14. Can we feed the buildings from the rear? Where does the meter need to be? 15. Is there WM along NE 5th Avenue? 16. Can we have As-builts /Atlas Sheets 17. Do we need to sprinkle the buildings? 18. Meter bank or individual meters and service runs for Townhome Lots? Answer: As part of a Proposer's due diligence, all of the above questions regarding water distribution may be directed to the City of Boynton Beach Utilities Department. Questions #19-20: Sanitary Sewer 19. Is there capacity in the gravity system(s) surrounding the property (or is a lift station needed)? 20. Can SF units be served from the rear to avoid multiple roadway open cuts and new service taps in existing mains. Answer: As part of a Proposer's due diligence, all of the above questions regarding sanitary sewer may be directed to the City of Boynton Beach Utilities Department. Questions #21-25: Roadway 21. Is a 32-ft Road Right-of-Way acceptable for the interior proposed loop road? 22. Sidewalk along NE 4th Avenue is not continuous? 23. Does it span the private lots that are remaining? 24. If the above is the case, the SWK would be on private property; how do we go about this? 25. Utility taps: what are the City's restoration requirements (limits of reconstruction and milling & resurfacing)? Answer: As part of a Proposer's due diligence, all of the above questions regarding roadways may be directed to the City of Boynton Beach Utilities & Public Works/Engineering Departments. Question #26: Site Plan 26. What are the setback requirements for the various products? Answer: As part of a Proposer's due diligence, all site specific questions regarding development regulations for the proposed product may be directed to the City of Boynton Beach Planning & Development Department. END OF ADDENDUM No. 1 3 Addendum No.01 1 I, AGENCYB E AC H C R A COMMUNITY REDEVELOPMENT CRA BOARD MEETING OF: June 8, 2021 CRA PROJECTS IN PROGRESS AGENDAITEM: 13.13. SUBJECT: Neighborhood Officer Program 2nd Quarter Report for FY 2020-2021 SUMMARY: The CRA funded Neighborhood Officer Program (NOP), in partnership with the Boynton Beach Police Department has submitted their Unit Activity Report for the second quarter (January 1, 2021 - March 31, 2021) Fiscal Year 2020-2021, along with the Heart of Boynton (HOB) District Crime Stats for the same time periods (see Attachments I - 111). The NOP Quarterly report is required under the funding terms of the Interlocal Agreement between the CRA and the City of Boynton Beach for FY 2020-2021. The NOP Budget is provided as Attachment IV. FISCAL IMPACT: FY2019-2020 Budget, Project Fund 02-58500-460: $532,900 FY 2020-2021 Budget, Project Fund 02-58500-460: $528,657.08 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan, Heart of Boynton District (pages 105- 118) CRA BOARD OPTIONS: No action required at this time unless otherwise determined by the Board. ATTACHMENTS: Description D Attachment I - NOP 2nd Quarterly Report D Attachment II - NOP Crime Stats D Attachment III - NOP Expenditures D Attachment IV - NOP FY 2020-2021 Budget NEIGHBORHOOD OFFICER PROGRAM QUARTERLY REPORT i=BEACH11,1'1'1,11�1�i 'sBOYNTON1 h l'�)??{i3 'I�� 1���iil�lQ\ }" January 1 — March 31, 2021 Sergeant Henry Diehl Boynton Beach Police Department TABLE OF CONTENTS L Table of Contents page 2 II. Table of Appendixes page 3 III. Community Redevelopment Agency • Background page 4 IV. Neighborhood Officer Program • Program Outline; page 6 • Program Goals and Scope; page 7 • Essential Program Criteria; o Neighborhood Officer Program Organizational Chart page 8 o Neighborhood Officer Program Schedules page 9 o Heart of Baynton Criminal Statistics page 15 • Neighborhood Officer Program S.M.A.R.T. Goals page 16 • Neighborhood Officer Program Expenditures page 17 • Neighborhood Officer Program Activity Log page 18 • SegwayTM Log page 122 • Neighborhood Officer Program Photos page 123 2 TABLE OF APPENDIXIES Appendix A Heart of Boynton Crime Statistics page 132 3 COMMUNITY REDEVELOPMENT AGENCY BACKGROUND The Boynton Beach City Commission established its Community Redevelopment Agency (CRA) in August, 1981, in accordance with guidelines of State Statute Chapter 163 Part III. The Boynton Beach CRA is funded through Tax Increment Financing (TIF). TIF utilizes the increases in tax revenue generated as a result of increases in property values within CRA District boundaries for development efforts without raising taxes. Authorities of the CRA are contained in Section 163.370„ Florida Statutes. Redevelopment activities include, but are not limited to: • Adopt a community redevelopment plan or plans that outline projects and programs that will be undertaken by the CRA; • Secure finances to further redevelopment efforts and projects; • Acquire and hold property in the redevelopment district; • Demolish buildings; • Dispose of property; • Installation, construction, improvement and repair of streets, utilities,parks, infrastructure in accordance with the community redevelopment plan(s); • Create and implement development incentive strategies and other unique public-private partnerships to stimulate redevelopment activity within the CRA district facade and residential improvement grants; • Market the CRA; 4 • Implement community policing innovations; • Solicit proposals for redevelopment and enter into contracts; AND • Appropriate funds and make expenditures as necessary to carry out the purpose of the Community Redevelopment Act of 1969. 5 NEIGHBORHOOD OFFICER PROGRAM PROGRAM OUTLINE Community policing definitions typically focus on three components that characterize many programs: some level of community involvement and consultation; decentralization, often increasing discretion to line-level officers; and problem solving. Because community policing is focused on close collaboration with the community and addressing community problems, it has often been seen as an effective way to increase citizen satisfaction and enhance the legitimacy of the police and the evidence is supportive in this regard. A major goal of this proposed neighborhood officer program is to cultivate high levels of mutual trust, understanding and respect between police the residents of the neighborhoods they patrol. In order to achieve this, it is necessary that these stakeholders develop relationships which transformed the confines of ordinary community policing activities and instead focuses upon building sustainable problem solving partnerships. Additionally, the building of problem solving partnerships and substantive relationships with invested members of the community will lead to a greater understanding of some of the challenge members of the public face and help the police department garner unique insights which might aid in addressing these challenges. This program helps effectively integrate police personnel into the fabric of our community. 6 Reducing crime and disorder and improving the quality of life within historically plighted neighborhood requires the development of these types of productive and meaningful relationship between citizens and representatives of their local government. As the most visible and accessible municipal agency, police personnel are uniquely postured to serve as a catalyst to an array of city services, community resources and organizations which can aid those in need as they work to better their circumstances and work in concert with other stakeholders to confront the challenges they identify within the community. PROGRAM GOALS AND SCOPE The scope of this quarterly report is to fulfill the Program requirements set forth in the Inter- Local Agreement(ILA) between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency (CRA); whereas the CRA shall be provided a written report outlining the following: o Hours worked by the Program Officer; o Name, rank and badge number of Program officers who have worked the Program during the reporting period; o Activities undertaken to achieve the goals of the Program; and o Crime statistics for the reporting period. The Boynton Beach Police Department shall make all necessary efforts to achieve the aforementioned Program Goals. 7 ESSENTIAL PROGRAM CRITERIA Neighborhood Officer Program Organizational Chart during Rating Period Officer Terrence Paramore m #922 Q� >, Officer Jivanet Rivera v #960 �4-j PSA Emily Vasquez (U #086 y 4 1 1' tt •,.t, c c.< < <lf.l 8 Neighborhood Officer Program Hours Worked during Rating Period The following Program Officers' scheduling was gleaned from the Boynton Beach Police Department electronic database that monitors staffing needs; entitled KRONOS®—TeleStaff. Below is the reference guide to decipher the color and numeric codes e,DepartmenCs, Tom , y, (Pb+more,Numiwr 742-6129) .v x. AT u.ca 2a -".:`afm AT Dm Kv% y'. :'3�TY. rea%a�)• d'.--'E Niel.4rft -4$ Aa 2 X,t�t�e�..h -.rve��"�` ._' ra+Y'..8,r�.ex'tl.¢�:-.-..7. au S.,s.®W m w.' 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KRONOS' .110 .1.10 nashbc,ard Calendar Poster Loylini People Permits Sign C7�t PRODUCTION Calendar F[- Flbruary2021 *DIEHLIII,HENRYG E�TTWi I ,,l (5-53) 7 Sun Mon Tue Wed Thu Fri sai 31i Feb 12 3 4 5 6 74 L74 EM Em 7 8 9 10 11 12 13 Is= IM 74 IM E=- Em. —74 14 15 16 17 18 19 20 E=. am Cm t:N. In 7:3261201 E= 21 22 23 24 25 26 27 IM Cm CM -32 28 Mar 1 2 3 4 5 6 Ef= 13 Sergeant Diehl's Schedule during Rating Period—March 2021 , p�-},A 1(�,[.' r'nt 'J'.`4 � µ 61EHL III,HENRY G. PN..t'VVJ Daahibrard Calendar Foster My nio Peopie Papua Sign Det PRODUCTION Calendar P,d,a•?,ced Lief March21321 *©IEHL III,HENRYG. 3�Igut,9 wrekv(5-53) 7 Sun Mar Tue Wed Thu Fri S., 28: Mar 1 2 3 4 5 6 i 7 8 9 10 11 12 13 'C74 EM _lio. ;. 1.74. 14 15 16 17 18 19 20 3261201 ImX74, No 21 22 2a 24 2b 2d 2f „,,,,31 ,,,,)3101 c 28 29 30 31 Apr I 2 3 x,39. i.�.�3101: �++ 14 Heart of Boynton Criminal Statistics for Rating Period The following criminal statistics was gleaned from the Boynton Beach Police Department Records Management System (RMS); entitled Acuity/QED - Web/PartnerT11 APPENDIX A 15 Neighborhood Officer Program S.M.A.R.T. Goals When setting goals, it is very important to remember that the goals must be consistent with the mission statement of both the Boynton Beach Community Redevelopment Agency (CRA) and the Boynton Beach Police Department. As part of the essential criteria for the Neighborhood Officer Program is to create a Specific, Measurable, Attainable, Realistic, and Timely goal that the program wants to accomplish. The purpose of distributing CSI— SmartWaterTM is to reduce burglaries and associated thefts, while simultaneously distracting trespassers and vandals from committing crimes. During this quarter, the Neighborhood Officer Program collaborated with the Boynton Beach Police Department's Crime Prevention Unit to provide CSI- SmartWaterTM to the residents and business owners of the Heart of Boynton. The distribution of"FREE CSI — SmartWaterTM Forensic Coding System/Packets was provided at community meetings and displayed at the Neighborhood Officer Program Office. Our S.M.A.R.T. goal was to increase CSI— SmartWaterTM presence in the Heart of Boynton in the 2nd Quarter of Fiscal Year 2020/21. We successfully provided 0 FREE CSI— SmartWaterTM Forensic Coding Packets to residents in the community — There is no difference in comparison of last quarter. The lack SmartWaterTM Forensic Coding Packets proves hard to fulfill this S.M.A.R.T. goal. 16 Neighborhood Officer Program Expenditures The Neighborhood Officer Program utilized the following expenditures during this quarter. Two (2) known expenditures conducted this rating quarter were to pay for the completed maintenance on each SegwayTM - both totaling $535.00 (or one payment for $250.00 and one payment for $285.00.) The below was gleaned from the Boynton Beach Community Redevelopment Agency (CRA) — Office of Budget and Finance. No other known expenditures during this rating quarter. 17 Neighborhood Officer Program Activity Log We continued our partnerships with our other community stakeholders — Heart of Boynton Community Association, Habitat for HumanityTM, Healthier Boynton Beach, Boynton Beach Pathways to ProsperityTM, the Boynton Beach Coalition of Clergy and the Boynton Beach Community Redevelopment Agency (CRA). January 2021 January 1st — Officer Paramore logged in and monitored the Mobile License Plate Reader; however, this LPR was off-line. January 1st — The Neighborhood Officer Program conducted two (2) separate extra patrols of the CDC/Habitat Homes in the 100 block of NW 101 Avenue our attendance was requested by CRA Executive Director Mike Simon and Police Administration. January 1st — The Neighborhood Officer Program conducted three (3) separate extra patrols of the Sara Sims Park. January 1st — The Neighborhood Officer Program conducted two (2) separate extra patrols of the Ocean Breeze Apartment Complex in the 700 block of N. Seacrest Blvd., Boynton Beach. January 1st — The Neighborhood Officer Program conducted two (2) separate extra patrols of the vacant lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). January 1st— The Neighborhood Officer Program conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. 18 January 1st— Officer Rivera assisted patrol operations regarding CAD 21-000947 — translation — located at 921 SE Yd Street, Boynton Beach, FL. January 1st— The Neighborhood Officer Program conducted one (1) separate extra patrol of the new construction/home in the 100 block NE 7th Avenue, Boynton Beach, FL. January 4th— The Neighborhood Officer Program spent over seven (7) hours at the office at the direction of the Police Administration. January 1st— The Neighborhood Officer Program conducted two (2) extra patrols of the Family DollarTM vacated site/building located at 100 NE loth Avenue, Boynton Beach, FL. January 1st— The Neighborhood Officer Program conducted one (1) separate extra patrol of the Boynton Beach Women's Club located at 1010 S. Federal Highway, Boynton Beach, FL — the building is close (COVID-19). January 1st — Officer Rivera (waiting for TREKTM bicycle to open) conducted one (1) extra patrol of the TargetTM located at N. Congress Avenue, Boynton Beach, FL. January 1st — The Neighborhood Officer''Program conducted one (1) extra patrol of the Joann Fabric Plaza located at 1500 S. Federal Highway, Boynton Beach, FL. January 1st — The Neighborhood Officer Program conducted one (1) extra patrol of the Galaxy Park located at 301 NW 4th Avenue, Boynton Beach, FL. January 1st — All Community Engagement Activities at the Carolyn Sims Center were suspended—(COVID-19). January 1st— The Neighborhood Officer Program conducted one (1) extra patrol of the Cherry Hill Mini-Mart located at 1213 NW 4th Street, Boynton Beach, FL. January 4th — Sergeant Diehl logged in and monitored the Mobile License Plate Reader and Speed Measurement Trailer #1; however, these LPR's were off-line. 19 January 411 — At the request of Police Administration; Sergeant Diehl completed and updated the spreadsheet an overview of the Neighborhood Officer Program for December 2020. This overview included calls for service, community events, educational initiatives, and activities that built trust and legitimacy. January 4th — All Community Engagement Activities at the Carolyn Sims Center were suspended—(COVID-19). January 4th— Sergeant Diehl conducted one (1) extra patrol of the U-Hau1TM at 1319 N. Federal Highway, Boynton Beach, FL—our attendance was requested by the Police Administration. January 4th — Sergeant Diehl conducted two (2) separate extra patrols of the CDC/Habitat Homes in the 100 block of NW 10th Avenue—our attendance was requested by CRA Executive Director Mike Simon and Police Administration. January 4th— Sergeant Diehl,conducted two (2) separate extra patrols of the Sara Sims Park. January 4th — Sergeant Diehl conducted one (1) extrapatrol of the Galaxy Park located at 301 NW 4t' Avenue, Boynton Beach, FL. January 4th— Sergeant Diehl conducted one (1) separate extra patrol of New Disciples Church located at 239 NE 11th Avenue, Boynton Beach, FL — our assistance was requested by Pastor Richard Dames; as suspected drug activity is occurring along the west side of the building. January 4th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). January 4th — The Heart of Boynton Community Association Meeting at Carolyn Sims Center was canceled(COVID-19.) January 4th — Sergeant Diehl worked on the Quarterly Report (1st Quarter of FY 2020/21) for the Neighborhood Officer Program. 20 January 411 — Sergeant Diehl conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. January 4th— Sergeant Diehl spent over one (1) hour, at the office at the direction of the Police Administration. January 4th — Sergeant Diehl conducted one (1) extra patrols of the Family DollarTM vacated site/building located at 100 NE loth Avenue, Boynton Beach, FL. January 4th — Sergeant Diehl conducted one (1) separate extra patrol of the Boynton Beach Women's Club located at 1010 S. Federal Highway, Boynton Beach, FL — the building is closed (COVID-19). January 4th — Sergeant Diehl conducted one (1) separate extra patrol of the Cottage District located at 145 NE 41 Avenue, Boynton Beach —'our attendance was requested by CRA Executive Director Mike Simon and Police Administration. January 4th — Sergeant Diehl conducted one, (1) separate; extra patrol of the vacant CRA property/structure located at 1001 N. Railroad, Boynton Beach, FL. January 4th — Sergeant Diehl conducted one (1) extra patrol of the Kid Kingdom Park/City Hall located at 101 E. Ocean Avenue, Boynton Beach, FL. January 5th — Sergeant Diehl logged in and monitored the Mobile License Plate Reader; however, this LPR was off-line. January 5th — The Neighborhood Officer Program conducted one (1) extra patrol of the U- Hau1TM at 1319 N. Federal Highway, Boynton Beach, FL— our attendance was requested by the Police Administration. January 5th — Sergeant Diehl worked on the Quarterly Report (1st Quarter of FY 2020/21) for the Neighborhood Officer Program. January 5th— Sergeant Diehl viratally attended the City Commission Board Meeting. 21 January 511 — Officer Rivera participated with the "Police Recruitment Team" regarding the Boynton Beach Police Department's "Recruitment Campaign" at the Boynton Beach Police Department. January 5th — All Community Engagement Activities at the Carolyn Sims Center were suspended—(COVID-19). January 5th — The Neighborhood Officer Program conducted two (2) separate extra patrols of the CDC/Habitat Homes in the 100 block of NW 10th Avenue — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. January 5th— The Neighborhood Officer Program spent over three(3) hours at the office at the direction of the Police Administration. January 5th— The Neighborhood OfficerProgram conducted one (1) extra patrol of the Galaxy Park located at 301 NW 0 Avenue, Boynton Beach, FL. January 5th — The Neighborhood Officer Program conducted two (2) extra patrols of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. January 5th — The Neighborhood Officer Program conducted two (2) separate extra patrols of the vacant lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). January 5th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 1001 N. Railroad, Boynton Beach, FL. January 5th— The Neighborhood Officer Program conducted one (1) separate extra patrol of the Cottage District located at 145 NE 4th Avenue, Boynton Beach— our attendance was requested by CRA Executive Director Mike Simon and Police Administration. January 5th— The Neighborhood Officer Program conducted one (1) separate extra patrol of the Boynton Beach Women's Club located at 1010 S. Federal Highway, Boynton Beach, FL. 22 January Stn — The Neighborhood Officer Program conducted two (2) extra patrols of the Family DollarTM vacated site/building located at 100 NE 10th Avenue, Boynton Beach, FL. January 5th — The Neighborhood Officer Program conducted four (4) separate extra patrols of the Sara Sims Park. January 5th — Sergeant Diehl conducted one (1) extra patrol of the Kid Kingdom Park/City Hall located at 100 E. Ocean Avenue, Boynton Beach, FL. January 5th — The Neighborhood Officer Program conducted one (1) separate extra patrol of New Disciples Church located at 239 NE 11th Avenue, Boynton Beach, FL — our assistance was requested by Pastor Richard Dames; as suspected drug activity is occurring along the west side of the building. January 5th — The Neighborhood Officer' Program conducted two (2) separate extra patrols of the Ocean Breeze Apartment Complex in the 700 block of N. Seacrest Blvd., Boynton Beach. January 5th — The Neighborhood 'Officer Program conducted one (1) separate extra patrol at Intracoastal Park located at 2240 N. Federal Highway,Boynton Beach,FL. January 5th — The Neighborhood Officer Program conducted two (2) separate extra patrols of the Ocean Breeze West/HOMES in the Ocean Breeze Circle, Boynton Beach. January 6th—Officer Paramore attended physical therapy today. January 6th — Sergeant Diehl logged in and monitored the Mobile License Plate Reader, however, this LPR was off-line. January 6th — Officer Rivera participated with the "Police Recruitment Team" regarding the Boynton Beach Police Department's "Recruitment Campaign" at the Boynton Beach Police Department. 23 January 611 — Sergeant Diehl worked on the Quarterly Report (1st Quarter of FY 2020/21) for the Neighborhood Officer Program. January 6th — All Community Engagement Activities at the Carolyn Sims Center were suspended—(COVID-19). January 6th— The Neighborhood Officer Program conducted one (1) separate extra patrol of the Cottage District located at 145 NE 4th Avenue, Boynton Beach— our attendance was requested by CRA Executive Director Mike Simon and Police Administration. January 6th — The Neighborhood Officer Program conducted two (2) separate extra patrols of the Sara Sims Park. January 6th—The Neighborhood Officer Program spent over two (2) hours at the office at the direction of the Police Administration. January 6th — The Neighborhood Officer Program conducted one (1) extra patrol of the U- Hau1TM at 1319 N. Federal Highway, Boynton Beach, FL — our attendance was requested by the Police Administration. January 6th— The Neighborhood Officer Program conducted one (1) separate extra patrol of the Boynton Beach Women's Club located at 1010 S. Federal Highway, Boynton Beach, FL — the building is closed (COVID-19). January 6th — The Neighborhood Officer Program conducted two (2) extra patrols of the Family DollarTM vacated site/building located at 100 NE loth Avenue, Boynton Beach, FL. January 6th — The Neighborhood Officer Program conducted two (2) extra patrols of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. January 6th — The "Community Engagement Activities — dubbed READ w/ a COP" at Poinciana Elementary School—was canceled— (COVID-19). 24 January 611 — Officer Rivera met with Ms. Shirley Aikens, daughter of Willie Aikens or President of the Heart of Boynton Homeowner's Association, in District 11. Ms. Aikens provided perishable food to be distributed to families' in-need in the Heart of Boynton/District H. January 6th — The Neighborhood Officer Program conducted two (2) separate extra patrols of the CDC/Habitat Homes in the 100 block of NW 10th Avenue — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. January 6th — The Neighborhood Officer Program conducted two (2) separate extra patrols of the vacant lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). January 6th — The Neighborhood Officer Program conducted one (1) separate extra patrols of New Disciples Church located at 239 NE 11th Avenue, Baynton Beach, FL — our assistance was requested by Pastor Richard Dames; as suspected drug activity is occurring along the west side of the building. January 6th— The Neighborhood Officer Program conducted one (1) extra patrol of the Galaxy Park located at 301 NW 4th Avenue, Boynton Beach, FL. January 6th — The Neighborhood Officer Program conducted one (1) extra patrol of the WalmartTM located at 3625 S. Federal Highway, FL. January 6th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 1001 N. Railroad, Boynton Beach, FL. January 6th— The Neighborhood Officer Program conducted one (1) separate extra patrol of the Ocean Breeze Apartment Complex in the 700 block of N. Seacrest Blvd., Boynton Beach. January 6th— The Neighborhood Officer Program conducted one (1) separate extra patrol of the Ocean Breeze West/HOMES in the Ocean Breeze Circle, Boynton Beach. 25 January 611 — The Neighborhood Officer Program distributed bread, pastries, and vegetables (that were earlier donated by Ms. Aikens) within the Heart of Boynton/District II — nine 9 families provided for. January 6th — The Neighborhood Officer Program conducted one (1) separate extra patrol at Intracoastal Park located 2240 N. Federal Highway, Boynton Beach, FL. January 7th — Sergeant Diehl logged in and monitored the Mobile License Plate Reader; however, this LPR was off-line. January 7th — The Neighborhood Officer Program conducted two (2) separate extra patrols of the CDC/Habitat Homes in the 100 block of NW 10th Avenue — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. January 7th — The Neighborhood Officer Program conducted three (3) separate extra patrols of the Sara Sims Park. January 7th— The Neighborhood Officer Program,conducted one (1) extra patrol of the Galaxy Park located at 301 NAV 4th Avenue, Boynton Beach, FL. January 7th— The Neighborhood Officer Program spent over seven (7) hours at the office at the direction of the Police Administration. January 7th — All Community Engagement Activities at the Carolyn Sims Center were suspended—(COVID-19). January 7th — Sergeant Diehl viratally attended the Community Redevelopment Agency Advisory Board (CRAAB) Meeting. January 7th — Sergeant Diehl worked on the Quarterly Report (lst Quarter of FY 2020/21) for the Neighborhood Officer Program. 26 January 711 — Officer Rivera participated with the "Police Recruitment Team" regarding the Boynton Beach Police Department's "Recruitment Campaign" at the Boynton Beach Police Department. January 7th — The Neighborhood Officer Program conducted two (2) separate extra patrols of the vacant lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). January 7th — The Neighborhood Officer Program conducted two (2) extra patrols of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL — the marina/restaurants have re-opened(in part) from COVID-19 lockdown. January 7th— The Neighborhood Officer Program conducted two (2) extra patrols of the Family DollarTM vacated site/building located at 100 NE 14th Avenue,Boynton Beach, FL. January 7th — The Neighborhood Officer Program conducted one (1) separate extra patrol of New Disciples Church located at 239 NE 11th Avenue, Boynton Beach, FL — our assistance was requested by Pastor Richard Dames; as suspected drug'activity is occurring along the west side of the building. January 7th — The Neighborhood Officer Program conducted two (2) extra patrol of the U- Hau1TM at 1319 N. Federal Highway, Boynton Beach, FL— our attendance was requested by the Police Administration. January 7th— Sergeant Diehl conducted one (1) extra patrol of the Kids Kingdom Park located at 101 E. Ocean Avenue, Boynton Beach, FL January 7th— The Neighborhood Officer Program conducted one (1) separate extra patrol of the Boynton Beach Women's Club located at 1010 S. Federal Highway, Boynton Beach, FL — the building is closed (COVID-19). 27 January 711— The Neighborhood Officer Program conducted one (1) separate extra patrol of the future Cottage District located at 145 NE 4tn Avenue, Boynton Beach — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. January 7th— The Neighborhood Officer Program conducted one (1) separate extra patrol of the vacant CRA property/structure located at 1001 N. Railroad, Boynton Beach, FL. January 7th — — The Neighborhood Officer Program conducted one (1) separate extra patrol at Intracoastal Park located at 2240 N. Federal Highway, Boynton Beach,FL. January 7th — The Neighborhood Officer Program conducted one (1) extra patrol of the WalmartTM located at 3625 S. Federal Highway, Boynton Beach, FL. January 7th — The Neighborhood Officer Program conducted one (1) extra patrol of the Dunkin DonutsTM located at 1300 block S.Federal Highway,Boynton Beach,FL. January 7th— The Neighborhood Officer Program conducted two (2) separate extra patrol of the Ocean Breeze Apartment complex in the 704 block of N. Seacrest Blvd., Boynton Beach. January 7th — The Neighborhood Officer Program facilitated the "Feeding South Florida" produce distribution located at the Ezell Hester Center. Another example how the Neighborhood Officer Program is endeavoring on building bridges of cooperation and trust between law enforcement and the community. January 7th— The Neighborhood Officer Program conducted one (1) separate extra patrol of the Ocean Breeze West/HOMES in the Ocean Breeze Circle, Boynton Beach, FL. January 8th — Officer Paramore logged in and monitored the Mobile License Plate Reader; however, this LPR was off-line. January 8th— The Neighborhood Officer Program conducted one (1) separate extra patrol of the Ocean Breeze West/HOMES in the Ocean Breeze Circle, Boynton Beach, FL. 28 January Stn — The Neighborhood Officer Program conducted two (2) separate extra patrols of the CDC/Habitat Homes in the 100 block of NW 10' Avenue — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. January 8th — The Neighborhood Officer Program conducted two (2) separate extra patrols of the Sara Sims Park. January 8th — The Neighborhood Officer Program conducted one (1) extra patrol of the Galaxy Park located at 301 NW 4th Avenue, Boynton Beach, FL. January 8th — All Community Engagement Activities at the Carolyn Sims Center were suspended—(COVID-19). January 8th — The Neighborhood Officer Program conducted two (2) separate extra patrols of the vacant lot (across+ from Bell's Market) orin the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). January 8th — The Neighborhood Officer Program conducted two (2) extra patrols of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. January 8th— The Neighborhood Officer Program conducted two (2) extra patrols of the Family DollarTM vacated site/building located at 100 NE 10th Avenue, Boynton Beach, FL. January 18th — The Neighborhood Officer Program spent over four (4) hours at the office at the direction of the Police Administration. January 8th — The Neighborhood Officer Program conducted one (1) extra patrol of the Mangrove Park located at 301 NW 4th Avenue, Boynton Beach, FL — the park is pernwnently closed. January 8th— The Neighborhood Officer Program conducted one (1) separate extra patrol of the Boynton Beach Women's Club located at 1010 S. Federal Highway, Boynton Beach, FL — the building is closed (COVID-19). 29 January 811 — The Neighborhood Officer Program conducted an extra patrol at Intracoastal Park located 2240 N. Federal Highway,Boynton Beach, FL. January 8th— The Neighborhood Officer Program conducted one (1) separate extra patrol of the Ocean Breeze Apartment Complex in the 700 block of N. Seacrest Blvd., Boynton Beach. January 8th — The Neighborhood Officer Program conducted one (1) extra patrol of the Palmetto Greens Park located at 301 NW 4th Avenue, Boynton Beach, FL. January 8th — The Neighborhood Officer Program conducted one (1) extra patrol of the Joann Fabric's Plaza located at 1500 S. Federal Highway, Boynton Beach, FL. January 8th — The Neighborhood Officer Program conducted one (1) extra patrol of the U- Hau1TM at 1319 N. Federal Highway, Boynton Beach, FL— our attendance was requested by the Police Administration. January 8th— The Neighborhood Officer Program conducted one (1) separate extra patrol of the new construction/homes in the 100 block of NE 7th Avenue,Boynton Beach, FL January 11th — Sergeant Diehl logged in and monitored the Mobile License Plate Reader and Speed Measurement Trailer #1; however, these LPR's were off-line. January 11th — All Community Engagement Activities at the Carolyn Sims Center were suspended—(COVID-19). January 11th — Sergeant Diehl conducted one (1) extra patrol of the U-Hau1TM at 1319 N. Federal Highway, Boynton Beach, FL — our attendance was requested by the Police Administration. January 11th— Sergeant Diehl spent over one (1) hour,at the office at the direction of the Police Administration. January 11th— Sergeant Diehl U1..,D NOT send the Quarterly Report (1st Quarter of FY 2020/21) for the Neighborhood Officer Program; as the city email server was down. 30 January 1111 — The Heart of Boynton Community Association Meeting at Carolyn Sims Center was canceled(COVID-19.) January 11th — Sergeant Diehl conducted two (2) separate extra patrols of the CDC/Habitat Homes in the 100 block of NW 10th Avenue—our attendance was requested by CRA Executive Director Mike Simon and Police Administration. January 11th— Sergeant Diehl conducted two (2) separate extra patrols of the Sara Sims Park. January 11th— Sergeant Diehl conducted one (1) extra patrol of the Galaxy Park located at 301 NW 4th Avenue, Boynton Beach, FL. January 11th— Sergeant Diehl conducted one (1) separate extra patrol of New Disciples Church located at 239 NE 11th Avenue, Boynton Beach, FL — our assistance was requested by Pastor Richard Dames; as suspected drug iactivity is occurring along the west side of the building. January 11th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA lot (across from Bell's Market) or in the 100 block of NE 101 Avenue — our attendance was requested by Centennial Management Corporation(CMC). January 11th — Sergeant Diehl conducted one (1) separate extra patrol of the Boynton Beach Women's Club located at 1010 S. Federal Highway, Boynton Beach, FL — the building is closed (COVID-19). January 11th — Sergeant Diehl conducted one (1) separate extra patrol of the Cottage District located at 145 NE 4th Avenue, Boynton Beach — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. January 11th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 1001 N. Railroad, Boynton Beach, FL. January 11th— Sergeant Diehl conducted one (1) extra patrol of the Kid Kingdom Park located at 101 E. Ocean Avenue, Boynton Beach, FL. 31 January 1111 — Sergeant Diehl conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. January 11th — Sergeant Diehl conducted one (1) extra patrols of the Family DollarTM vacated site/building located at 100 NE 10th Avenue, Boynton Beach, FL. January 12th — Officer Rivera participated with the "Police Recruitment Team" regarding the Boynton Beach Police Department's "Recruitment Campaign" at the Boynton Beach Police Department. January 12th—Officer Paramore participated in a SWAT operation/training today. January 12th — Sergeant Diehl logged in and monitored the Mobile License Plate Reader; however, this LPR was off-line. January 12th — All Community Engagement Activities at the Carolyn Sims Center were suspended—(COVID-19). January 12th — The Neighborhood Officer Program conducted one (1) extra patrol of the U- Hau1TM at 1319 N. Federal Highway, Boynton Beach, FL our attendance was requested by the Police Administration. January 12th — The Neighborhood Officer Program conducted two (2) separate extra patrols of the CDC/Habitat Homes in the 100 block of NW 10th Avenue — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. January 12th — The Neighborhood Officer Program spent over three (3) hours at the office at the direction of the Police Administration. January 12th—The Neighborhood Officer Program conducted one (1) extra patrol of the Galaxy Park located at 301 NW 4th Avenue, Boynton Beach, FL. January 12th— Sergeant Diehl ..,11 NOT send the Quarterly Report (1st Quarter of FY 2020/21) for the Neighborhood Officer Program; as the city email server was down. 32 January 1211 — Sergeant Diehl viratally attended the Community Redevelopment Agency (CRA) Board Meeting. January 12th — The Neighborhood Officer Program conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. January 12th — The Neighborhood Officer Program conducted two (2) separate extra patrols of the vacant lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). January 12th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 1001 N. Railroad, Boynton Beach, FL. January 12th — The Neighborhood Officer Program conducted one (1) separate extra patrol of New Disciples Church located at 239 NE Ill Avenue, Boynton Beach, FL — our assistance was requested by Pastor Richard Dames; as suspected drug activity is occurring along the west side of the building. January 12th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the Cottage District located at 145 NE 4th Avenue, Boynton Beach — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. January 12th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the Boynton Beach Women's Club located at 1010 S. Federal Highway, Boynton Beach, FL. January 12th — The Neighborhood Officer Program conducted two (2) extra patrols of the Family DollarTM vacated site/building located at 100 NE 10th Avenue, Boynton Beach, FL. January 12th — The Neighborhood Officer Program conducted two (2) separate extra patrols of the Sara Sims Park. January 12th— Sergeant Diehl conducted one (1) extra patrol of the Kid Kingdom Park located at 100 E. Ocean Avenue, Boynton Beach, FL. 33 January 1211 — The Neighborhood Officer Program conducted one (1) extra patrol of the WalMartTM located at 3625 S. Federal Highway, Boynton Beach, FL. January 12th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the Ocean Breeze West/Homes in the 700 block of N. Seacrest Blvd., Boynton Beach, FL. January 12th — The Neighborhood Officer Program conducted one (1) separate extra patrol located at Intracoastal Park or 2240 N. Federal Highway, Boynton Beach, FL. January 12th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the Ocean Breeze Apartment Complex in the 700 block of N. Seacrest Blvd., Boynton Beach, FL. January 13th—Officer Paramore attended physical therapy today. January 13th — Officer Paramore logged in and monitored the Mobile License Plate Reader, however, this LPR was off-line. January 13th — All Community Engagement Activities at the Carolyn Sims Center were suspended—(COVID-19). January 13th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the Cottage District located at 145 NE 4th Avenue, Boynton Beach — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. January 13th — The Neighborhood Officer Program conducted two (2) separate extra patrols of the Sara Sims Park. January 13th — Officer Rivera met with Ms. Shirley Aikens, daughter of Willie Aikens or President of the Heart of Boynton Homeowner's Association, in District H. Ms. Aikens provided perishable food to be distributed to families' in-need in the Heart of Boynton/District II. 34 January 1311— The Neighborhood Officer Program distributed bread, pastries, and vegetables (that were earlier donated by Ms. Aikens) within the Heart of Boynton/District II — nine 9 families provided for. January 13th — The Neighborhood Officer Program spent over five (5) hours at the office at the direction of the Police Administration. January 13th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the Boynton Beach Women's Club located at 1010 S. Federal Highway, Boynton Beach, FL —the building is closed (COVID-19). January 13th — The Neighborhood Officer Program conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. January 13th — The `Community Engagement Activities — dubbed READ w/ a COP" at Poinciana Elementary School—was canceled— (CO VID-19). January 13th — The Neighborhood.Officer Program conducted one (1) separate extra patrols of the CDC/Habitat Homes in the 100 block of NW 101 Avenue'— our attendance was requested by CRA Executive Director Mike Simon and Police Administration. January 13th — The Neighborhood Officer Program conducted one (1) extra patrol of the Galaxy Park located at 301 NW 4t'Avenue, Boynton Beach, FL. January 13th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the Ocean Breeze Apartment Complex in the 700 block of N. Seacrest Blvd., Boynton Beach, FL. January 14th — Sergeant Diehl completed/sent (to PD Administration . NI.,Y, NOT CRA STAFF) the Quarterly Report (1st Quarter of FY 2020/21) for the Neighborhood Officer Program. 35 January 1411 — Sergeant Diehl logged in and monitored the Mobile License Plate Reader; however, this LPR was off-line. January 14th — The Neighborhood Officer Program conducted two (2) separate extra patrols of the CDC/Habitat Homes in the 100 block of NW 10th Avenue — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. January 14th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the Boynton Beach Women's Club located at 1010 S. Federal Highway, Boynton Beach, FL —the building is closed (COVID-19). January 14th — The Neighborhood Officer Program conducted two (2) separate extra patrols of the Sara Sims Park—the park has re-opened(in part) from COVID-19 lockdown. January 14th—The Neighborhood Officer Program conducted one(1) extra patrol of the Galaxy Park located at 301 NW 4th Avenue, Boynton Beach, FL—the park has re-opened(in part) from CO VID-19 lockdown. January 14th— The Neighborhood Officer Program spent over four (4) hours at the office at the direction of the Police Administration. January 14th — All Community Engagement Activities at the Carolyn Sims Center were suspended—(COVID-19). January 14th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the vacant lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). January 14th — The Neighborhood Officer Program conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL — the marina/restaurants have re-opened(in part) from COVID-19 lockdown. 36 January 1411— The Neighborhood Officer Program conducted one (1) extra patrol of the former Family DollarTM vacated site/building located at 100 NE loth Avenue, Boynton Beach, FL. January 14th — The Neighborhood Officer Program conducted one (1) separate extra patrol of New Disciples Church located at 239 NE 11th Avenue, Boynton Beach, FL — our assistance was requested by Pastor Richard Dames; as suspected drug activity is occurring along the west side of the building. January 14th — The Neighborhood Officer Program conducted one (1) extra patrol of the U- Hau1TM at 1319 N. Federal Highway, Boynton Beach, FL— our attendance was requested by the Police Administration. January 14th — Sergeant Diehl conducted one (1) extra patrol of the Kids Kingdom Park located at 101 E. Ocean Avenue, Boynton Beach,FL January 14th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the Ocean Breeze Apartment Complex in the 700, N.Seacrest Blvd.,Boynton Beach, FL. January 14th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the vacant CRA property/structure located at 1001 N. Railroad, Boynton Beach, FL. January 14th — The Neighborhood Officer Program conducted one (1) extra patrol of Intracoastal Park located at 2240 N. Federal Highway, Boynton Beach,FL. January 14th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the Ocean Breeze West/Homes in the 700 block of N. Seacrest Blvd., Boynton Beach, FL. January 14th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the Cottage District located at 145 NE 4th Avenue, Boynton Beach — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. January 15th — Officer Paramore logged in and monitored the Mobile License Plate Reader; however, this LPR was off-line. 37 January 1511 — The Neighborhood Officer Program conducted one (1) separate extra patrols of the CDC/Habitat Homes in the 100 block of NW 10th Avenue — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. January 15th — The Neighborhood Officer Program conducted one (1) separate extra patrols of the Sara Sims Park. January 15th — All Community Engagement Activities at the Carolyn Sims Center were suspended—(COVID-19). January 15th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the vacant lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). January 15th — The Neighborhood Officer Program conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. January 15th — The Neighborhood Officer Program conducted one (1) extra patrols of the Family DollarTM vacated site/building located at 100 NE l Oth Avenue, Boynton Beach, FL. January 15th — The Neighborhood Officer Program conducted one (1) extra patrol of Intracoastal Park located at 2240 N. Federal Highway, Boynton Beach,FL. January 15th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the Ocean Breeze West/Homes in the 700 block of N. Seacrest Blvd., Boynton Beach, FL. January 15th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the Ocean Breeze Apartment Complex in the 700 N. Seacrest Blvd., Boynton Beach, FL. January 18th — Sergeant Diehl logged in and monitored the Mobile License Plate Reader and Speed Measurement Trailer #1; however, these LPR's were off-line. January 18th — The Carolyn Sims Center was closed in observance of`Martin l.,uther King, Jr. Dave 38 January 1811 — Sergeant Diehl conducted one (1) extra patrol of the U-Hau1TM at 1319 N. Federal Highway, Boynton Beach, FL — our attendance was requested by the Police Administration. January 18th — Sergeant Diehl conducted one (1) separate extra patrols of the CDC/Habitat Homes in the 100 block of NW 10th Avenue—our attendance was requested by CRA Executive Director Mike Simon and Police Administration. January 18th— Sergeant Diehl spent over one (1) hour,at the office at the direction of the Police Administration. January 18th— Sergeant Diehl conducted two (2) separate extra patrols of the Sara Sims Park— our attendance was requested by CRA Executive Director Mike Simon. January 18th— Sergeant Diehl conducted one (1) extra patrol of the Galaxy Park located at 301 NW 4th Avenue, Boynton Beach, FL. January 18th — The Heart of BoyntonCommunity Association Meeting at Carolyn Sims Center was canceled(COVID-19) and the Sims Center was closed(national holiday) January 18th— Sergeant Diehl conducted one (.1) separate extra patrol of New Disciples Church located at 239 NE 11th Avenue, Boynton Beach, FL — our assistance was requested by Pastor Richard Dames; as suspected drug activity is occurring along the west side of the building. January 18th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). January 18th — Sergeant Diehl conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. January 18th — Sergeant Diehl conducted one (1) extra patrols of the Family DollarTM vacated site/building located at 100 NE 10th Avenue, Boynton Beach, FL. 39 January 1811 — Sergeant Diehl conducted one (1) separate extra patrol of the Boynton Beach Women's Club located at 1010 S. Federal Highway, Boynton Beach, FL — the building is closed (COVID-19). January 18th — Sergeant Diehl conducted one (1) separate extra patrol of the Cottage District located at 145 NE 4th Avenue, Boynton Beach — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. January 18th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 1001 N. Railroad, Boynton Beach, FL. January 18th— Sergeant Diehl conducted one (1) extra patrol of the Kid Kingdom Park located at 101 E. Ocean Avenue, Boynton Beach, FL. January 19th — Sergeant Diehl logged in and monitored the Mobile License Plate Reader; however, this LPR was off-line. January 19th — All Community Engagement Activities at the Carolyn Sims Center were suspended—(COVID-19). January 19th — The Neighborhood Officer Program conducted one (1) extra patrol of the U- Hau1TM at 1319 N. Federal Highway, Boynton Beach, FL— our attendance was requested by the Police Administration. January 19th — The Neighborhood Officer Program conducted two (2) separate extra patrols of the CDC/Habitat Homes in the 100 block of NW 10th Avenue — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. January 19th — The Neighborhood Officer Program spent over six (6) hours at the office at the direction of the Police Administration. January 19th—The Neighborhood Officer Program conducted one (1) extra patrol of the Galaxy Park located at 301 NW 4th Avenue, Boynton Beach, FL. 40 January 1911— Sergeant Diehl viratally attended the City Commission Meeting. January 19th — The Neighborhood Officer Program conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. January 19th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the vacant lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). January 19th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 1001 N. Railroad, Boynton Beach, FL. January 19th — The Neighborhood Officer Program conducted two (2) separate extra patrols of New Disciples Church located at 239 NE 11th Avenue, Boynton Beach, FL — our assistance was requested by Pastor Richard Dames; as suspected drugactivity is occurring along the west side of the building. January 19th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the Cottage District located at 145 NE' 411 Avenue, Boynton Beach — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. January 19th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the Boynton Beach Women's Club located at 1010 S. Federal Highway, Boynton Beach, FL. January 19th — The Neighborhood Officer Program conducted one (1) extra patrols of the Family DollarTM vacated site/building located at 100 NE 10th Avenue, Boynton Beach, FL. January 19th — The Neighborhood Officer Program conducted two (2) separate extra patrols of the Sara Sims Park. January 19th— Sergeant Diehl conducted one (1) extra patrol of the Kid Kingdom Park located at 100 E. Ocean Avenue, Boynton Beach, FL. 41 January 1911 — The Neighborhood Officer Program conducted two (2) separate extra patrol of the Ocean Breeze Apartment Complex in the 700 block of N. Seacrest Blvd., Boynton Beach. January 19th— The Neighborhood Officer Program conducted one (1) extra patrol of the Joann Fabric's Plaza located at 1500 S. Federal Highway, Boynton Beach, FL. January 19th — The Neighborhood Officer Program conducted one (1) extra patrol of WalmartTM located at 3625 S. Federal Highway, Boynton Beach, FL. January 19th — The Neighborhood Officer Program conducted one (1) extra patrol of the Dunkin' DonutsTM located in the 1300 block of S. Federal Highway, Boynton Beach, FL January 20th — Sergeant Diehl logged in and monitored the Mobile License Plate Reader, however, this LPR was off-line. January 20th — All Community Engagement Activities at the Carolyn Sims Center were suspended—(COVID-19). January 20th — Sergeant Diehl conducted one (1) separate extra patrol of the Cottage District located at 145 NE 4th Avenue, Boynton Beach - our attendance was requested by CRA Executive Director Mike Simon and Police Administration. January 20th— Sergeant Diehl conducted two (2) separate extra patrols of the Sara Sims Park. January 20th — Sergeant Diehl conducted one (1) separate extra patrol of the Boynton Beach Women's Club located at 1010 S. Federal Highway, Boynton Beach, FL — the building is closed (COVID-19). January 20th — Officer Param re and Officer Rivera were re-assigned to patrol services Inauguration Day/ leek Deployment. Both officers were assigned to the City Ila]] complex for the entire deployment. 42 January 2011 — Officer Rivera met with Ms. Shirley Aikens, daughter of Willie Aikens or President of the Heart of Boynton Homeowner's Association, in District 11. Ms. Aikens provided perishable food to be distributed to families' in-need in the Heart of Boynton/District H. January 20t' — Sergeant Diehl conducted one (1) separate extra patrol of the Ocean Breeze Apartment Complex in the 700 block of N. Seacrest Blvd., Boynton Beach. January 20th — Sergeant Diehl conducted one (1) extra patrol of the U-Hau1TM at 1319 N. Federal Highway, Boynton Beach, FL — our attendance was requested by the Police Administration. January 20th — Sergeant Diehl conducted one (1) extra patrols of the Family DollarTM vacated site/building located at 100 NE 10th Avenue,Boynton Beach,FL. January 20th — Sergeant Diehl conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd.,Boynton Beach, FL. January 20th — The "Community Engagement Activities — dubbed READ w/ a COP" at Poinciana Elementary School was canceled- (CO VID-19). January 20th — Sergeant Diehl conducted one (1) separate extra patrol of the CDC/Habitat Homes in the 100 block of NW 10th Avenue—our attendance was requested by CRA Executive Director Mike Simon and Police Administration. January 20th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). January 20th— Sergeant Diehl conducted one (1) extra patrol of the Galaxy Park located at 301 NW 4t' Avenue, Boynton Beach, FL. 43 January 2011 — Sergeant Diehl conducted one (1) separate extra patrols of New Disciples Church located at 239 NE 111h Avenue, Boynton Beach, FL — our assistance was requested by Pastor Richard Dames; as suspected drug activity is occurring along the west side of the building. January 20th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 1001 N. Railroad, Boynton Beach, FL. January 20th— Sergeant Diehl conducted one (1) extra patrol of the Kid Kingdom Park located at 100 E. Ocean Avenue, Boynton Beach, FL. January 21st — Officer Paramore logged in and monitored the Mobile License Plate Reader; however, this LPR was off-line. January 21st — Officer Paramore conducted one (1) separate extra patrol of the CDC/Habitat Homes in the 100 block of NW 10'Avenue-our attendance was requested by CRA Executive Director Mike Simon and Police Administration. January 21st— Officer Paramore conducted one (1) separateextra patrol of the Sara Sims Park —the park has re-opened(in part)from COVID-19 lockdown. January 21st — Officer Paramore spent over one (1) hour at the office at the direction of the Police Administration. January 21st — All Community Engagement Activities at the Carolyn Sims Center were suspended—(COVID-19). January 21st — The Neighborhood Officer Program conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. January 21st — The Neighborhood Officer Program conducted one (1) extra patrol of the Coquina Cove located at 1500 N. Federal Highway, Boynton Beach, FL. 44 January 2111 — Officer Paramore conducted one (1) separate extra patrol of the Ocean Breeze Apartment complex in the 700 block of N. Seacrest Blvd., Boynton Beach, FL. January 21st— Officer Paramore conducted one (1) extra patrol at Intracoastal Park located at 2240 N. Federal Highway, Boynton Beach, FL. January 21st — Officer Paramore conducted one (1) separate extra patrol of the Ocean Breeze West/Circle housing complex located at Ocean Breeze Circle, Boynton Beach, FL. January 22nd — Officer Paramore logged in and monitored the Mobile License Plate Reader; however, this LPR was off-line. January 22nd — Officer Paramore conducted two (2) separate extra patrols of the CDC/Habitat Homes in the 100 block of NW 10th Avenue—our attendance was requested by CRA Executive Director Mike Simon and Police Administration. January 22nd — Officer Paramore conducted two (2) separate extra patrols of the Sara Sims Park. January 22nd — All Community Engagement Activities at the Carolyn Sims Center were suspended—(COVID-19). January 22nd — Officer Paramore conducted two (2) separate extra patrols of the vacant lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). January 22nd — Officer Paramore conducted two (2) extra patrols of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. January 22nd — Officer Paramore conducted two (2) extra patrols of the Family DollarTM vacated site/building located at 100 NE 10th Avenue, Boynton Beach, FL. January 22nd — Officer Paramore conducted two (2) extra patrols of the Intracoastal Park located at 2240 N. Federal Highway, Boynton Beach, FL. 45 January 22nd — Officer Paramore conducted one (1) separate extra patrol of the Ocean Breeze West/Circle housing complex located at Ocean Breeze Circle, Boynton Beach, FL. January 22nd— Officer Paramore conducted two (2) separate extra patrols of the Ocean Breeze Apartment complex in the 700 block of N. Seacrest Blvd., Boynton Beach, FL. January 25th — Sergeant Diehl logged in and monitored the Mobile License Plate Reader and Speed Measurement Trailer #1; however, these LPR's were off-line. January 25th — All Community Engagement Activities at the Carolyn Sims Center were suspended—(COVID-19). January 25th — Sergeant Diehl conducted one (1) extra patrol of the U-Hau1TM at 1319 N. Federal Highway, Boynton Beach, FL — our attendance was requested by the Police Administration. January 25th — Sergeant Diehl conducted one (1) separate extra patrol of the CDC/Habitat Homes in the 100 block of NW 101 Avenue—our,attendance was 'requested by CRA Executive Director Mike Simon and Police Administration. January 25th— Sergeant Diehl spent over one (1) hour,at the office at the direction of the Police Administration. January 25th— Sergeant Diehl conducted two (2) separate extra patrols of the Sara Sims Park. January 25th— Sergeant Diehl conducted one (1) extra patrol of the Galaxy Park located at 301 NW 4d' Avenue, Boynton Beach, FL. January 25th— Sergeant Diehl conducted one (1) separate extra patrol of New Disciples Church located at 239 NE 11th Avenue, Boynton Beach, FL — our assistance was requested by Pastor Richard Dames; as suspected drug activity is occurring along the west side of the building. January 25th — The Heart of Boynton Community Association Meeting at Carolyn Sims Center was canceled(COVID-19.) 46 January 2511 — Sergeant Diehl conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. January 25th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). January 25th — Sergeant Diehl conducted one (1) extra patrols of the Family DollarTM vacated site/building located at 100 NE 10th Avenue, Boynton Beach, FL. January 25th — Sergeant Diehl conducted one (1) separate extra patrol of the Boynton Beach Women's Club located at 1010 S. Federal Highway, Boynton Beach, FL — the building is closed (COVID-19). January 25th — Sergeant Diehl conducted one (1) separate extra patrol of the Cottage District located at 145 NE 4' Avenue, Boynton Beach —'our attendance was requested by CRA Executive Director Mike Simon and Police Administration. January 25th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 1001 N. Railroad, Boynton Beach, FL. January 25th— Sergeant Diehl conducted one (1) extra patrol of the Kid Kingdom Park located at 101 E. Ocean Avenue, Boynton Beach, FL. January 26th—Officer Paramore attended physical therapy today. January 26th — Sergeant Diehl logged in and monitored the Mobile License Plate Reader; however, this LPR was off-line. January 26th — Officer Rivera participated with the "Police Recruitment Team" regarding the Boynton Beach Police Department's "Recruitment Campaign" at the Boynton Beach Police Department. 47 January 26" — All Community Engagement Activities at the Carolyn Sims Center were suspended—(COVID-19). January 26th — The Neighborhood Officer Program conducted one (1) extra patrol of the U- Hau1TM at 1319 N. Federal Highway, Boynton Beach, FL— our attendance was requested by the Police Administration. January 26th — The Neighborhood Officer Program conducted two (2) separate extra patrols of the CDC/Habitat Homes in the 100 block of NW 10th Avenue — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. January 26th — The Neighborhood Officer Program spent over one (1) hour at the office at the direction of the Police Administration. January 26th—The Neighborhood Officer Program conducted one(1) extra patrol of the Galaxy Park located at 301 NW 0 Avenue, Boynton Beach, FL. January 26th — The Neighborhood Officer Program conducted two (2) extra patrols of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. January 26th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the vacant lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). January 26th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 1001 N. Railroad, Boynton Beach, FL. January 26th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the Ocean Breeze Circle/West, Boynton Beach, FL. January 26th— The Neighborhood Officer Program distributed bread, pastries, and vegetables (that were earlier donated by Ms. Aikens) within the Heart of Boynton/District II — five 5 families provided for. NOTE: These were items picked up on January 20, 2021. 48 January 2611 — Sergeant Diehl assisted patrol operations with a suspicious person (with a "sword") — reference our case number 21-004894 at the park behind the Denson Pool at 225 NW 12th Avenue, Boynton Beach, FL. January 26th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the Boynton Beach Women's Club located at 1010 S. Federal Highway, Boynton Beach, FL. January 26th — The Neighborhood Officer Program conducted one (1) extra patrols of the Family DollarTM vacated site/building located at 100 NE loth Avenue, Boynton Beach, FL. January 26th — The Neighborhood Officer Program conducted two (2) separate extra patrols of the Sara Sims Park. January 26th— Sergeant Diehl conducted one (1) extra patrol of the Kid Kingdom Park located at 100 E. Ocean Avenue, Boynton Beach, FL. January 26th — The Neighborhood Officer Program conducted one (1) extra patrol of the Walmart located at 3625 S. Federal Highway,Boynton Beach,FL.' January 26th — The'',Neighborhood Officer Program conducted one (1) extra patrol of Intracoastal Park located at 2240 N. Federal Highway,Boynton Beach, FL. January 26th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the Ocean Breeze Apartment Complex in the 700 block of N. Seacrest Blvd., Boynton Beach. January 26th — The Neighborhood Officer Program conducted two (2) separate extra patrols of the Cottage District located at 145 NE 4th Avenue, Boynton Beach — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. January 27th — Sergeant Diehl logged in and monitored the Mobile License Plate Reader, however, this LPR was off-line. 49 January 2711 — Officer Rivera met with Ms. Shirley Aikens, daughter of Willie Aikens or President of the Heart of Boynton Homeowner's Association, in District H. Ms. Aikens provided perishable food to be distributed to families' in-need in the Heart of Boynton/District H. January 27' — All Community Engagement Activities at the Carolyn Sims Center were suspended—(COVID-19). January 27th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the Cottage District located at 145 NE 4th Avenue, Boynton Beach — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. January 27th— The Neighborhood Officer Program conducted three (3) separate extra patrols of the Sara Sims Park. January 27th— Sergeant Diehl conducted one (1) extra patrol of the Kid Kingdom Park located at 100 E. Ocean Avenue, Boynton Beach, FL. January 27th — The Neighborhood Officer Programspent over two (2) hours at the office at the direction of the Police Administration. January 27th — The Neighborhood Officer Program conducted one (1) extra patrol of the U- Hau1TM at 1319 N. Federal Highway, Boynton Beach, FL— our attendance was requested by the Police Administration. January 27th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the Boynton Beach Women's Club located at 1010 S. Federal Highway, Boynton Beach, FL —the building is closed (COVID-19). January 27th — The "Community Engagement Activities — dubbed READ w/ a COP" at Poinciana Elementary School—was canceled— (COVID-19). 50 January 2711 — Officer Paramore assisted CRA Staff with an abandoned vehicle at former/temporary city library site (demotion site) located at 115 N. Federal Highway, Boynton Beach, FL. January 27th — The Neighborhood Officer Program conducted two (2) extra patrols of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. January 27th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the CDC/Habitat Homes in the 100 block of NW 10th Avenue — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. January 27th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the vacant lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). January 27th — The Neighborhood Officer Program conducted one (1) separate extra patrols of New Disciples Church located at 239 NE 11th Avenue, Boynton Beach, FL — our assistance was requested by Pastor Richard Dames; as suspected drugactivity is occurring along the west side of the building. January 27th—The Neighborhood Officer Program conducted one (1) extra patrol of the Galaxy Park located at 301 NW 4th Avenue, Boynton Beach, FL. January 27th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 1001 N. Railroad, Boynton Beach, FL. January 27th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the Ocean Breeze Apartment Complex in the 700 block of N. Seacrest Blvd., Boynton Beach. January 27th — The Neighborhood Officer Program conducted one (1) extra patrol at Intracoastal Park located at 240 N. Federal Highway, Boynton Beach,FL. 51 January 2711— The Neighborhood Officer Program distributed bread, pastries, and vegetables (that were earlier donated by Ms. Aikens) within the Heart of Boynton/District II — nine 9 families provided for. January 27th — The Neighborhood Officer Program conducted one (1) extra patrol of the Sunshine Square Plaza located at 500 E. Woolbright Road, Boynton Beach, FL. January 27th— The Neighborhood Officer Program conducted one (1) extra patrol of the Joann Fabric's Plaza located at 1500 S. Federal Highway, Boynton Beach, FL. January 27th — The Neighborhood Officer Program conducted one (1) extra patrol of Sunshine Square located at 500 E. Woolbright Road, Boynton Beach, FL. January 27th — The Neighborhood Officer Program conducted one (1) extra patrols of the Family DollarTM vacated site/building located at 100 NE loth Avenue,Boynton Beach, FL. January 28th — Officer Paramore loggedin and monitored the Mobile License Plate Reader; however, this LPR was off-line. January 28th — The Neighborhood Officer Program conducted one (1) separate extra patrols of the Sara Sims Park—the park has t:e-ol)etzed(in part) from COVID-19 lockdown. January 28th — All Community Engagement Activities at the Carolyn Sims Center were suspended—(COVID-19). January 28th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the vacant lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). January 28th — The Neighborhood Officer Program conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL — the marina/restaurants have re-opened(in part) from COVID-19 lockdown. 52 January 2811— Officer Paramore assisted patrol operations with a use of force type of incident —reference our case number 21-005176 at Boynton Beach, FL. January 28' — Officer Paramore assisted patrol operations with an Aggravated Battery incident—reference our case number 21-005236 at Boynton Beach, FL. January 28th— The Neighborhood Officer Program conducted one (1) extra patrol of the Family DollarTM vacated site/building located at 100 NE loth Avenue, Boynton Beach, FL. January 28th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the Ocean Breeze Apartment Complex in the 700 block of N. Seacrest Blvd., Boynton Beach, FL January 28th — The Neighborhood Officer Program conducted one (1) extra patrol of Intracoastal Park located at 2240 N. Federal Highway,Boynton Beach,FL. January 28th — Officer Paramore conducted one (1) separate extra patrol of the vacant CRA property/structure located at 407 NE lst Street,Boynton Beach, FL. January 28th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the Ocean Breeze West Circle/Houses in the Ocean,.Breeze Circle West, Boynton Beach, FL. January 29th—Officer Paramore attended SWAT training/operation today. January 29th — Officer Rivera logged in and monitored the Mobile License Plate Reader; however, this LPR was off-line. January 29th—The Neighborhood Officer Program conducted one (1) extra patrol of the Galaxy Park located at 301 NW 4th Avenue, Boynton Beach, FL. January 29th — All Community Engagement Activities at the Carolyn Sims Center were suspended—(COVID-19). January 29th — The Neighborhood Officer Program conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. 53 January 2911— The Neighborhood Officer Program distributed bread, pastries, and vegetables (that were earlier donated by Ms. Aikens) within the Heart of Boynton/District II — three 3 families provided for. NOTE: These were items picked up on January 27, 2021. January 29th — Officer Rivera conducted one (1) separate extra patrol of the vacant CRA property/structure located at 407 NE 1st Street, Boynton Beach, FL. January 29th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the Boynton Beach Women's Club located at 1010 S. Federal Highway, Boynton Beach, FL —the building is closed (COVID-19). January 29th — The Neighborhood Officer Program conducted one (1) extra patrol at Intracoastal Park located at 2240 N. Federal Highway, Boynton Beach, FL. January 29th — Officer Rivera facilitated the CRA with a Trespass Agreement for the newly acquired property/structure;located at 407 NE 1st Street, Boynton Beach, FL — reference our case number 21-005546. January 29th— In collaboration with CRA Staff(Coppin) Officer Rivera conducted business checks with several businesses along W. Boynton Beach Blvd. (CRA District), Boynton Beach, FL. February 2021 February 1st — The Heart of Boynton Community Association Meeting at Carolyn Sims Center was canceled(COVID-19.) February 1st — Sergeant Diehl logged in and monitored the Mobile License Plate Reader and Speed Measurement Trailer #1; however, these LPR's were off-line. 54 February 1st — All Community Engagement Activities at the Carolyn Sims Center were suspended—(COVID-19). February 1st — Sergeant Diehl conducted one (1) extra patrol of the U-Hau1TM at 1319 N. Federal Highway, Boynton Beach, FL — our attendance was requested by the Police Administration. February 1st — Sergeant Diehl conducted one (1) separate extra patrol of the CDC/Habitat Homes in the 100 block of NW 10th Avenue—our attendance was requested by CRA Executive Director Mike Simon and Police Administration. February 1st— Sergeant Diehl conducted one (1) extra patrols of the Family DollarTM vacated site/building located at 100 NE 10th Avenue, Boynton Beach, FL. February 1st — Sergeant Diehl conducted one (1) separate extra patrol of the Boynton Beach Women's Club located at 1010 S. Federal Highway, Boynton Beach, 'FL — the building is closed (COVID-19). February 1st— Sergeant Diehl conducted two (2) separate extra patrols of the Sara Sims Park. February 1st— Sergeant Diehl conducted one (1) extra patrol of the Galaxy Park located at 301 NW 4th Avenue, Boynton Beach, FL. February 1st— Sergeant Diehl conducted one (1) separate extra patrol of New Disciples Church located at 239 NE 11th Avenue, Boynton Beach, FL — our assistance was requested by Pastor Richard Dames; as suspected drug activity is occurring along the west side of the building. February 1st — Sergeant Diehl conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. February 1st — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 407 NE 1st Street, Boynton Beach, FL. 55 February 1st — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). February 1st — Sergeant Diehl conducted one (1) separate extra patrol of the future Cottage District located at 145 NE 4th Avenue, Boynton Beach— our attendance was requested by CRA Executive Director Mike Simon and Police Administration. February 1st — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 1001 N. Railroad, Boynton Beach, FL. February 1st— Sergeant Diehl conducted one (1) extra patrol of the Kid Kingdom Park located at 101 E. Ocean Avenue, Boynton Beach, FL. February 2nd — Sergeant Diehl logged in and monitored the Mobile License Plate Reader; however, this LPR was off-line. February 2nd — All Community Engagement Activities at the Carolyn Sims Center were suspended—(COVID-19). February 2nd — The Neighborhood Officer Program conducted one (1) extra patrol of the U- Hau1TM at 1319 N. Federal Highway, Boynton Beach, FL— our attendance was requested by the Police Administration. February 2nd — The Neighborhood Officer Program conducted one (1) separate extra patrol of the CDC/Habitat Homes in the 100 block of NW 10th Avenue — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. February 2nd — The Neighborhood Officer Program spent over three (3) hours at the office at the direction of the Police Administration. February 2nd— Sergeant Diehl viratally attended the City Commission Meeting. 56 February 211 — The Neighborhood Officer Program conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. February 2nd — The Neighborhood Officer Program conducted one (1) extra patrol of the Galaxy Park located at 301 NW 4th Avenue, Boynton Beach, FL. February 2nd — The Neighborhood Officer Program conducted one (1) separate extra patrol of the vacant lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). February 2nd — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 1001 N. Railroad, Boynton Beach, FL. February 2nd — The Neighborhood Officer Program conducted one (1) separate extra patrol of New Disciples Church located at 239 NE Ill Avenue, BoyntonBeach, FL — our assistance was requested by Pastor Richard Dames; as suspected drug activity is occurring along the west side of the building. February 2nd — The Neighborhood Officer Program conducted one (1) separate extra patrol of the future Cottage District located at 145 NE 4th Avenue, Boynton Beach— our attendance was requested by CRA Executive Director Mike Simon and Police Administration. February 2nd— The Neighborhood Officer Program conducted two (2) separate extra patrols of the Boynton Beach Women's Club located at 1010 S. Federal Highway, Boynton Beach, FL. February 2nd — The Neighborhood Officer Program conducted one (1) extra patrols of the Family DollarTM vacated site/building located at 100 NE 10th Avenue, Boynton Beach, FL. February 2nd — At the request of CRA Staff (Utterback), Sergeant Diehl conducted two (2) separate extra patrol of the Ocean Plaza located at 640 E. Ocean Avenue, Boynton Beach, FL. 57 February 2nd — At the request of Habitat for Humanity Staff (Crystal Spears), Officer Paramore conducted one (1) separate extra patrol of the Habitat Home located at 129 NE 12th Avenue, Boynton Beach, FL. February 2nd— The Neighborhood Officer Program conducted two (2) separate extra patrols of the Sara Sims Park. February 2nd— Sergeant Diehl conducted one (1) extra patrol of the Kid Kingdom Park located at 100 E. Ocean Avenue, Boynton Beach, FL. February 2nd — The Neighborhood Officer Program conducted one (1) separate extra patrol of the vacant CRA property/structure located at 407 NE 1st Street, Boynton Beach, FL. February 2nd — The Neighborhood Officer Program conducted one (1) extra patrol of the Scobee-Combs Funeral Home located at 599 NE 15'h Avenue,Boynton Beach, FL. February 2nd — The Neighborhood Officer Program conducted one (1) separate extra patrol of the Ocean Breeze West/Circle in the Ocean Breeze Circle, Boynton Beach. February 2nd— The Neighborhood Officer Program conducted one (1) extra patrol of the Joann Fabric's Plaza located at 1500 S. Federal Highway, Boynton Beach, FL. February 2nd — The Neighborhood Officer Program conducted one (1) extra patrol at Intracoastal Park located at 2240 N. Federal Highway, Boynton Beach,FL. February 2nd — The Neighborhood Officer Program conducted one (1) separate extra patrol of the Ocean Breeze Apartment Complex in the 700 block of N. Seacrest Blvd., Boynton Beach, FL. February Yd — Sergeant Diehl logged in and monitored the Mobile License Plate Reader, however, this LPR was off-line. February Yd — All Community Engagement Activities at the Carolyn Sims Center were suspended—(COVID-19). 58 February 311 — Officer Rivera met with Ms. Shirley Aikens, daughter of Willie Aikens or President of the Heart of Boynton Homeowner's Association, in District H. Ms. Aikens provided perishable food to be distributed to families' in-need in the Heart of Boynton/District H. February 3`'d — The Neighborhood Officer Program conducted one (1) separate extra patrol of the future Cottage District located at 145 NE 4th Avenue, Boynton Beach— our attendance was requested by CRA Executive Director Mike Simon and Police Administration. February Yd — The Neighborhood Officer Program conducted two (2) separate extra patrols of the Sara Sims Park. February Yd— Officer Rivera conducted one (1) extra patrol of the Kid Kingdom Park located at 101 E. Ocean Avenue,Boynton Beach, FL. February Yd — The Neighborhood Officer Program spent over two (2) hours at the office at the direction of the Police Administration. February Yd — The Neighborhood Officer Program 'conducted one (1) extra patrol of the U- Hau1TM at 1319 N. Federal Highway, Boynton Beach, FL our attendance was requested by the Police Administration. February 3`'d — The Neighborhood Officer Program conducted one (1) separate extra patrol of the Boynton Beach Women's Club located at 1010 S. Federal Highway, Boynton Beach, FL —the building is closed (COVID-19). February Yd — The Neighborhood Officer Program conducted one (1) extra patrols of the Family DollarTM vacated site/building located at 100 NE 10th Avenue, Boynton Beach, FL. February 3`'d — The Neighborhood Officer Program conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. 59 February 311 — The "Community Engagement Activities — dubbed READ w/ a COP" at Poinciana Elementary School—was canceled— (COVID-19). February 3`'d — The Neighborhood Officer Program conducted one (1) separate extra patrol of the CDC/Habitat Homes in the 100 block of NW 10th Avenue — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. February 3`'d — The Neighborhood Officer Program conducted one (1) separate extra patrol of the vacant lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). February 3`'d — The Neighborhood Officer Program conducted one (1) extra patrol of the Galaxy Park located at 301 NW 4th Avenue, Boynton Beach, FL. February 3`'d — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 1001 N. Railroad, Boynton Beach, FL. February 3`'d — The Neighborhood Officer Program conductedone (1) extra patrol of the Mangrove Park located at 301 NW 4th Avenue, Boynton Beach, FL — the park is per lncl entl ,, closed. February Yd — The Neighborhood Officer Program conducted two (2) extra patrols of Intracoastal Park located at 2240 N. Federal Highway, Boynton Beach, FL. February Yd — At the request of CRA Staff (Utterback), Sergeant Diehl conducted one (1) separate extra patrol of the Ocean Plaza located at 640 E. Ocean Avenue, Boynton Beach, FL. February Yd — At the request of Habitat for Humanity Staff (Crystal Spears), Officer Paramore conducted one (1) separate extra patrol of the Habitat Home located at 129 NE 12th Avenue, Boynton Beach, FL. 60 February 311— The Neighborhood Officer Program distributed bread, pastries, and vegetables (that were earlier donated by Ms. Aikens) within the Heart of Boynton/District II — eight 8 families provided for. February 3`'d — The Neighborhood Officer Program conducted one (1) separate extra patrol of the Ocean Breeze Apartment Complex in the 700 block of N. Seacrest Blvd., Boynton Beach, FL. February 3`'d— The Neighborhood Officer Program conducted two (2) extra patrols of the City Hall located at 100 E. Ocean Avenue, Boynton Beach, FL. February Yd — Officer Paramore conducted one (1) separate extra patrol of the vacant CRA property/structure located at 407 NE lst Street, Boynton Beach, FL. February 4th — Sergeant Diehl logged in and monitored the Mobile License Plate Reader; however, this LPR was off-lire. February 4th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the Boynton Beach Women's Club located at 1010 S. Federal Highway, Boynton Beach, FL —the building is closed (COVID-19). February 4th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the future Cottage District located at 145 NE 4th Avenue, Boynton Beach— our attendance was requested by CRA Executive Director Mike Simon and Police Administration. February 4th— The Neighborhood Officer Program conducted three (3) separate extra patrols of the Sara Sims Park—the park has re-opened(in part) from COVID-19 lockdown. February 4th — Sergeant Diehl viratally attended the Community Redevelopment Agency Advisory Board (CRAAB) Meeting. 61 February 411— The Neighborhood Officer Program conducted one (1) extra patrol of the Galaxy Park located at 301 NW 4th Avenue, Boynton Beach, FL—the park has re-opened(in part) from CO VID-19 lockdown. February 4th— The Neighborhood Officer Program spent over two (2) hours at the office at the direction of the Police Administration. February 4th — All Community Engagement Activities at the Carolyn Sims Center were suspended—(COVID-19). February 4th — The Neighborhood Officer Program conducted one (1) extra patrol of the Mangrove Park located at 301 NW 4th Avenue, Boynton Beach, FL — the park is pernwnently closed. February 4th — The Neighborhood Officer Program conducted one (1) extra patrol of the Palmetto Greens Park located at 301 NW 4th Avenue, Boynton Beach',FL — the park has re- opened(in part) from COVID-19 lockdown. February 4th — The Neighborhood Officer Program conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL — the marina/restaurants have re-opened(in part) from COVID-19 lockdown. February 4th — Officer Paramore and Officer Rivera conducted bicycle patrol in the CRA District today. February 4th — Sergeant Diehl viratally attended the Community Conversation — COVID-19 Vaccination Meeting. This meeting was hosted/presented by Healthier of Boynton. February 4th — The Neighborhood Officer Program conducted one (1) extra patrol of the U- Hau1TM at 1319 N. Federal Highway, Boynton Beach, FL— our attendance was requested by the Police Administration. 62 February 411 — Sergeant Diehl conducted one (1) extra patrol of the Kids Kingdom Park located at 101 E. Ocean Avenue, Boynton Beach, FL February 4th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the Ocean Breeze Apartment Complex in the 700 block of N. Seacrest Blvd., Boynton Beach, FL February 4th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the vacant CRA property/structure located at 1001 N. Railroad, Boynton Beach, FL. February 4th — The Neighborhood Officer Program conducted two (2) extra patrol of Intracoastal Park located at 2240 N. Federal Highway, Boynton Beach, FL. February 4th — The Neighborhood Officer Program conducted one (1) extra patrol of Cherry Hill Mini-Mart located at 1213 NW 4th Street, Boynton Beach,FL. February 4th — The Neighborhood Officer Program conducted one (1) extra patrol of Harvey Oyer Park located at 2210 N. Federal Highway,Boynton Beach, FL. February 4th — The Neighborhood Officer Program conducted two (2) separate extra patrol of the vacant CRA property/structure located at 407 NE 1st Street, Boynton Beach, FL. February 4th — At the request of CRA Staff (Utterback), Sergeant Diehl conducted one (1) separate extra patrol of the Ocean Plaza located at 640 E. Ocean Avenue, Boynton Beach, FL. February 4th — At the request of Habitat for Humanity Staff (Crystal Spears), Officer Paramore conducted one (1) separate extra patrol of the Habitat Home located at 129 NE 12th Avenue, Boynton Beach, FL. February 4th— The Neighborhood Officer Program distributed bread, pastries, and vegetables (that were earlier donated by Ms. Aikens) within the Heart of Boynton/District II — two 2 families provided for. NOTE: these were items picked up on February 3, 2021. 63 February 411 — Officer Paramore assisted patrol operations with a Police Assist (Probation) — reference our case number 21-010671 at 221 NE 13th Avenue, Boynton Beach, FL. February 4tn— Officer Paramore assisted patrol operations with St. John's Church COVID-19 Vaccination set-up. February 5th — Officer Rivera logged in and monitored the Mobile License Plate Reader; however, this LPR was off-line. February 5th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the Sara Sims Park. February 5th— The Neighborhood Officer Program conducted one (1) extra patrol of the Galaxy Park located at 301 NW 4th Avenue, Boynton Beach, FL. February 5th— In collaboration with CRA Staff(Roberts), Officer Rivera conducted business checks with several businesses along W. Boynton Beach Blvd. (CRA District), Boynton Beach, FL. February 8th— Sergeant Diehl logged in and monitored the Mobile License Plate Reader and Speed Measurement Trailer #1; however, these LPR's were off-line. February 8th — All Community Engagement Activities at the Carolyn Sims Center were suspended—(COVID-19). February 8th — Sergeant Diehl conducted one (1) extra patrol of the U-Hau1TM at 1319 N. Federal Highway, Boynton Beach, FL — our attendance was requested by the Police Administration. February 8th — Sergeant Diehl conducted one (1) separate extra patrol of the CDC/Habitat Homes in the 100 block of NW 10th Avenue—our attendance was requested by CRA Executive Director Mike Simon and Police Administration. February 8th— Sergeant Diehl conducted one (1) separate extra patrols of the Sara Sims Park. 64 February Stn— Sergeant Diehl conducted one (1) extra patrol of the Galaxy Park located at 301 NW 4t' Avenue, Boynton Beach, FL. February Stn — The Heart of Boynton Community Association Meeting at Carolyn Sims Center was canceled(COVID-19.) February Stn — Sergeant Diehl conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. February 8th — Sergeant Diehl conducted one (1) separate extra patrol of the Cottage District located at 145 NE 4th Avenue, Boynton Beach — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. February 8th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 1001N. Railroad;, Boynton Beach,FL. February 8th— Sergeant Diehl conducted one (1) extra patrol of the Kid Kingdom Park located at 101 E. Ocean Avenue, Boynton reach, FL. February 9th— Officer'Paramore attended SWAT training/operation today. January 9th— Sergeant Diehl, Officer Paramore, Officer Rivera and/or CSO Vasquez (virtually) attended the Community Redevelopment Agency (CRA) Board Meeting. During this meeting, I introduced CSO Vasquez to the CRA Board and CRA Staff. February 9th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the Boynton Beach Women's Club located at 1010 S. Federal Highway, Boynton Beach, FL. February 9th — Sergeant Diehl logged in and monitored the Mobile License Plate Reader; however, this LPR was off-line. February 9th — All Community Engagement Activities at the Carolyn Sims Center were suspended—(COVID-19). 65 February 911 — The Neighborhood Officer Program conducted two (2) extra patrols of the U- Hau1TM at 1319 N. Federal Highway, Boynton Beach, FL— our attendance was requested by the Police Administration. February 9th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the CDC/Habitat Homes in the 100 block of NW 10th Avenue — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. February 9th— The Neighborhood Officer Program spent over two (2) hours at the office at the direction of the Police Administration. February 9th — The Neighborhood Officer Program conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. February 9th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the vacant lot (across i from Bell'sMarket) or in the 100 black of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). February 9th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 1001 N. Railroad, Boynton Beach, FL. February 9th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the future Cottage District located at 145 NE 4th Avenue, Boynton Beach— our attendance was requested by CRA Executive Director Mike Simon and Police Administration. February 9th — Sergeant Diehl conducted one (1) extra patrol of the Kid Kingdom Park/City Hall located at 100 E. Ocean Avenue, Boynton Beach, FL. February 9th — The Neighborhood Officer Program conducted one (1) extra patrols of the Family DollarTM vacated site/building located at 100 NE 10th Avenue, Boynton Beach, FL. February 9th — The Neighborhood Officer Program conducted two (2) separate extra patrols of the Sara Sims Park. 66 February 911 — The Neighborhood Officer Program conducted one (1) extra patrol of the Mangrove Park located at 301 NW 4th Avenue, Boynton Beach, FL — the park is pernwnently closed.. February 91h — The Neighborhood Officer Program conducted one (1) extra patrol of the Palmetto Greens Park located at 301 NW 4th Avenue, Boynton Beach, FL. February 9th — The Neighborhood Officer Program conducted one (1) extra patrol of the Cherry Hill Mini-Mart located at 1213 NW 4th Street, Boynton Beach, FL. February 9th— The Neighborhood Officer Program conducted one (1) extra patrol of the Joann Fabric's Plaza located at 1500 S. Federal Highway, Boynton Beach, FL. February 9th — The Neighborhood Officer Program conducted one (1) extra patrol of the Ezell Hester Center located at 1901 N. Seacrest Blvd., Boynton Beach, FL. February 10th — Sergeant Diehl logged in and monitored the Mobile License Plate Reader, however, this LPR was off-line. February 10th— The Neighborhood Officer Program spent over two (2) hours at the office at the direction of the Police Administration. February 10th — All Community Engagement Activities at the Carolyn Sims Center were suspended—(COVID-19). February 10th— The Neighborhood Officer Program conducted two (2) separate extra patrols of the Sara Sims Park. February 10th — Officer Rivera met with Ms. Shirley Aikens, daughter of Willie Aikens or President of the Heart of Boynton Homeowner's Association, in District IL Ms. Aikens provided perishable food to be distributed to families' in-need in the Heart of Boynton/District H. 67 February 1011— Sergeant Diehl conducted one (1) extra patrol of the Kid Kingdom Park/City Hall located at 100 E. Ocean Avenue, Boynton Beach, FL. February 10th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the future Cottage District located at 145 NE 4th Avenue, Boynton Beach— our attendance was requested by CRA Executive Director Mike Simon and Police Administration. February 10th — The Neighborhood Officer Program conducted one (1) extra patrol of the U- Hau1TM at 1319 N. Federal Highway, Boynton Beach, FL— our attendance was requested by the Police Administration. February 10th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the Boynton Beach Women's Club located at 1010 S. Federal Highway, Boynton Beach, FL —the building is closed;(COVID-19). February 10th — The Neighborhood Officer Program conducted three (3) extra patrols of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. February 10th — The €"Community Engagement Activities — dubbed READ w/ a COP" at Poinciana Elementary School was canceled- (CO VID-19). February 10th— The Neighborhood Officer Program conducted one (1) separate extra patrols of New Disciples Church located at 239 NE 11th Avenue, Boynton Beach, FL — our assistance was requested by Pastor Richard Dames; as suspected drug activity is occurring along the west side of the building. February 10th — At the request of Police Administration; Sergeant Diehl completed and updated the spreadsheet an overview of the Neighborhood Officer Program for January 2021. This overview included calls for service, community events, educational initiatives, and activities that built trust and legitimacy. NOTE: This was delayed due to the spreadsheet being locked by the administrator. 68 February 1011 — The Neighborhood Officer Program distributed bread, pastries, and vegetables (that were earlier donated by Ms. Aikens) within the Heart of Boynton/District II — ten (10) families provided for. February 10th — The Neighborhood Officer Program conducted one (1) extra patrol of the Galaxy Park located at 301 NW 4th Avenue, Boynton Beach, FL. February 10th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 1001 N. Railroad, Boynton Beach, FL. February 10th — The Neighborhood Officer Program conducted one (1) extra patrol of the Mangrove Park located at 301 NW 4th Avenue, Boynton Beach, FL — the park is perinclnently closed.. February 10th — Officer Paramore conducted one (1) separate extra patrol of the vacant CRA property/structure located at 407 NE 1St Street, Boynton Beach, FL. February 10th — The Neighborhood Officer Program conducted one (1) extra patrol of the Palmetto Greens Park located at 301 NW 4th Avenue,Boynton Beach, FL. February 10th— The Neighborhood Officer Program conducted one (1) extra patrol of the Casa Costa Condos located at 350 N. Federal Highway, Boynton Beach, FL. February 10th — The Neighborhood Officer Program conducted one (1) extra patrol of the Sunshine Square Plaza located at 500 E. Woolbright Road, Boynton Beach, FL. February 10th — The Neighborhood Officer Program conducted one (1) extra patrol of the Joann Fabric's Plaza located at 1500 S. Federal Highway, Boynton Beach, FL. February 10th — Sergeant Diehl attended (virtually) the Community Redevelopment Agency (CRA)/City of Boynton Beach Coordination Meeting. 69 February 1011 — Sergeant Diehl and Officer Paramore assisted patrol operations with a Traffic Crash (THI) incident— reference our case number 21-007756 at 2500 NW 2nd Street, Boynton Beach, FL. February 10th — The Neighborhood Officer Program conducted an extra patrol of Intracoastal Park located at 2240 N. Federal Highway, Boynton Beach, FL. February 10th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the Ocean Breeze Circle/West in the Ocean Breeze Circle, Boynton Beach, FL. February 10th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the CDC/Habitat Homes in the 100 block of NW 10th Avenue — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. February 10th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the Ocean Breeze Apartment complex in the 700 block of N. Seacrest Blvd., Boynton Beach, FL. February 10th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the vacant lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). February 10th — The Neighborhood Officer Program conducted one (1) extra patrols of the Family DollarTM vacated site/building located at 100 NE 10th Avenue, Boynton Beach, FL. February 11th — Sergeant Diehl logged in and monitored the Mobile License Plate Reader; however, this LPR was off-line. February 11th— The Neighborhood Officer Program conducted two (2) separate extra patrols of the CDC/Habitat Homes in the 100 block of NW 10th Avenue — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. 70 February 1111 — The Neighborhood Officer Program conducted one (1) separate extra patrol of the Boynton Beach Women's Club located at 1010 S. Federal Highway, Boynton Beach, FL —the building is closed (COVID-19). February 11th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the future Cottage District located at 145 NE 4th Avenue, Boynton Beach— our attendance was requested by CRA Executive Director Mike Simon and Police Administration. February 11th — The Neighborhood Officer Program conducted three (3) separate extra patrols of the Sara Sims Park—the park has re-opened(in part) from COVID-19 lockdown. February 11th — The Neighborhood Officer Program conducted one (1) extra patrol of the Galaxy Park located at 301 NW 4th Avenue, Boynton Beach, FL — the park has re-opetled (in part)from COVID-19 lockdown. February l lth— The Neighborhood Officer Program spent over one (1) hour at the office at the direction of the Police Administration. February 11th — All Community Engagement Activities at the Carolyn Sims Center were suspended—(COVID-19). February 11th — The Neighborhood Officer Program conducted two (2) extra patrols of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL — the marina/restaurants have re-opened(in part) from COVID-19 lockdown. February 11th — The Neighborhood Officer Program conducted one (1) extra patrol of the WalmartTM located at 3625 S. Federal Highway, Boynton Beach, FL. February 11th — The Neighborhood Officer Program conducted two (2) extra patrols of City Hall Complex located at 100 E. Ocean Avenue, Boynton Beach, FL. 71 February 1111 — The Neighborhood Officer Program conducted one (1) extra patrol of the U- Hau1TM at 1319 N. Federal Highway, Boynton Beach, FL— our attendance was requested by the Police Administration. February 11th— The Neighborhood Officer Program conducted two (2) extra patrols of the Kids Kingdom Park located at 101 E. Ocean Avenue, Boynton Beach, FL. February 11th— The Neighborhood Officer Program conducted two (2) separate extra patrols of the Ocean Breeze Apartment complex in the 700 block of N. Seacrest Blvd., Boynton Beach, FL. February 11th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the vacant CRA property/structure located at 1001 N. Railroad, Boynton Beach, FL. February 11th — The Neighborhood Officer Program conducted one (1) extra patrol of Intracoastal Park located at 2240 N. Federal Highway,Boynton Beach,FL. February 11th— The Neighborhood Officer Program conducted one (1) extra patrol of Dunkin' DonutsTM located at 1300 block S.Federal Highway,Boynton Beach, FL. February 11th — The Neighborhood Officer Program conducted one (1) extra patrol of Harvey Oyer Park located at 2010 N. Federal Highway, Boynton Beach, FL. February 11th — The Neighborhood Officer Program conducted two (2) extra patrols of the Family DollarTM vacated site/building located at 100 NE loth Avenue, Boynton Beach, FL. February 11th — The Neighborhood Officer Program facilitated the "Feeding South Florida" produce distribution located at the Ezell Hester Center. Another example how the Neighborhood Officer Program is endeavoring on building bridges of cooperation and trust between law enforcement and the community. 72 February 1111 — At the request of Police Administration; Sergeant Diehl compiled a list of activities that the Neighborhood Officer Program conducts. This summary is just one of many requests since inception of the program that questions the success of the program. February 11th — The Neighborhood Officer Program conducted one (1) separate extra patrol of New Disciples Church located at 239 NE 11th Avenue, Boynton Beach, FL — our assistance was requested by Pastor Richard Dames; as suspected drug activity is occurring along the west side of the building. February 11th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the vacant lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). February 12th — Officer Paramore logged in and monitored the Mobile License Plate Reader; however, this LPR was off-line. February 12th— Officer Paramore conducted one (1) separate extra patrols of the CDC/Habitat Homes in the 100 block of NW 101 Avenue—our attendance was requested by CRA Executive Director Mike Simon and Police Administration. February 12th — Officer Paramore conducted one (1) separate extra patrol of the Sara Sims Park. February 12th — All Community Engagement Activities at the Carolyn Sims Center were suspended—(COVID-19). February 12th— Officer Paramore conducted one (1) separate extra patrol of the Ocean Breeze West (homes) in the Ocean Breeze Circle/West, Boynton Beach, FL. February 12th— Officer Paramore conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. 73 February 1211 — Officer Paramore met with Poinciana Elementary School Staff regarding an up-coming event—scheduled for Tuesday, February 16, 2021. February 12th — Officer Paramore conducted one (1) separate extra patrol of the vacant CRA property/structure located at 407 NE 1st Street, Boynton Beach, FL. February 12th — Officer Paramore conducted one (1) extra patrol of the Intracoastal Park located at 2240 N. Federal Highway, Boynton Beach, FL. February 12th— Officer Paramore conducted one (1) separate extra patrol of the Ocean Breeze Apartment complex in the 700 block of N. Seacrest Blvd., Boynton Beach, FL. February 15th— Sergeant Diehl logged in and monitored the Mobile License Plate Reader and Speed Measurement Trailer #1; however, these LPR's were off-line. February 15th— The Carolyn Sims Center was closed today in observance of President's Day. February 15th — Sergeant Diehl conducted one (1) extra patrol of the U-Hau1TM at 1319 N. Federal Highway, Boynton Beach, FL — our, attendance was requested by the Police Administration. February 15th — Sergeant Diehl conducted two (1) separate extra patrol of the CDC/Habitat Homes in the 100 block of NW 10th Avenue—our attendance was requested by CRA Executive Director Mike Simon and Police Administration. February 15th— Sergeant Diehl conducted two (2) separate extra patrols of the Sara Sims Park. February 15th — Sergeant Diehl conducted one (1) extra patrol of the Galaxy Park located at 301 NW 4h Avenue, Boynton Beach, FL. February 15th — Sergeant Diehl conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. February 15th — The Heart of Boynton Community Association Meeting at Carolyn Sims Center was canceled(COVID-19.) 74 February 1511 — Sergeant Diehl attended a virtual course entitled "What Do We Know About Gun Buyback Programs?" February 15th — Sergeant Diehl conducted one (1) separate extra patrol of New Disciples Church located at 239 NE 11th Avenue, Boynton Beach, FL — our assistance was requested by Pastor Richard Dames; as suspected drug activity is occurring along the west side of the building. February 15th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). February 15th— Sergeant Diehl conducted one (1) extra patrols of the Family DollarTM vacated site/building located at 100 NE 101h Avenue,Boynton Beach,FL. February 15th — Sergeant Diehl conducted one (1) separate extra patrol of the Boynton Beach Women's Club located at 1410 S. Federal highway, Boynton Beach, FL — the building is closed (COVID-19). February 15th— Sergeant Diehl conducted one (1) extra patrol of the City Hall/Kids Kingdom Park located at 101 E. Ocean Avenue, Boynton Beach, FL. February 15th — Sergeant Diehl conducted one (1) separate extra patrol of the Ocean Breeze Apartment complex in the 700 block of N. Seacrest Blvd., Boynton Beach, FL. February 15th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 1001 N. Railroad, Boynton Beach, FL. February 15th — Sergeant Diehl conducted one (1) separate extra patrol of the future Cottage District located at 145 NE 4th Avenue, Boynton Beach— our attendance was requested by CRA Executive Director Mike Simon and Police Administration. 75 February 1511 — Sergeant Diehl conducted one (1) separate extra patrols of the CDC/Habitat Homes in the 100 block of NW 10th Avenue—our attendance was requested by CRA Executive Director Mike Simon and Police Administration. February 16th — Sergeant Diehl logged in and monitored the Mobile License Plate Reader; however, this LPR was off-line. February 16th — All Community Engagement Activities at the Carolyn Sims Center were suspended—(COVID-19). February 16th — The Neighborhood Officer Program conducted one (1) extra patrol of the U- Hau1TM at 1319 N. Federal Highway, Boynton Beach, FL— our attendance was requested by the Police Administration. February 16th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the CDC/Habitat Homes in the 100 block of NW 10' Avenue our attendance was requested by CRA Executive Director Mike Simon and Police Administration. February 16th— The Neighborhood. Officer Program spent over one (1) hour at the office at the direction of the Police Administration. February 16th — The Neighborhood Officer Program conducted one (1) extra patrol of the Galaxy Park located at 301 NW 4th Avenue, Boynton Beach, FL. February 16th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the vacant lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). February 16th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 1001 N. Railroad, Boynton Beach, FL. February 16th — The Neighborhood Officer Program conducted three (3) extra patrols of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. 76 February 1611 — The Neighborhood Officer Program, in collaboration with the Crime Prevention Unit facilitated a "Garden Re-Location." The event was held at Poinciana Elementary and is designed as a community outreach program to directly have an impact between Law Enforcement and children who reside in the community. February 16th— The Neighborhood Officer Program conducted two (2) separate extra patrols of New Disciples Church located at 239 NE 11th Avenue, Boynton Beach, FL — our assistance was requested by Pastor Richard Dames; as suspected drug activity is occurring along the west side of the building. February 16th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the Cottage District located at 145 NE 4th Avenue, Boynton Beach — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. February 16th— The Neighborhood Officer Program conducted two (2) separate extra patrols of the Boynton Beach Women's Club located at 1010 S. Federal Highway, Boynton Beach, FL. February 16th — The Neighborhood Officer Program conducted one (1) extra patrols of the Family DollarTM vacated site/building located at 100 NE loth Avenue, Boynton Beach, FL. February 16th — The Neighborhood Officer Program conducted three (3) separate extra patrols of the Sara Sims Park. February 16th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the Ocean Breeze Apartment complex in the 700 N. Seacrest Blvd., Boynton Beach, FL. February 16th— Sergeant Diehl conducted one (1) extra patrol of the City Hall/Kids Kingdom Park located at 100 E. Ocean Avenue, Boynton Beach, FL. February 16th — The Neighborhood Officer Program conducted one (1) extra patrol of the Joann Fabric's Plaza located at 1500 S. Federal Highway, Boynton Beach, FL. 77 February 16th — At the request from CRA Staff (Shutt), Officers Paramore and Rivera conducted business checks of 109 and 125 E. Boynton Beach Blvd. (CRA District), Boynton Beach, FL. In addition, both businesses were offered the opportunity to enter into a trespass agreement with the City of Boynton/Police Department. February 16th — The Neighborhood Officer Program conducted two (2) extra patrols of Intracoastal Park located at 2240 N. Federal Highway, Boynton Beach,FL. February 16th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the Ocean Breeze Circle (homes) in the Ocean Breeze Circle/West, Boynton Beach, FL. February 16th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the vacant CRA property/structure located at 407 NE 1st Street, Boynton Beach, FL. February 17th — Sergeant Diehl logged in and monitored the Mobile License Plate Reader, however, this LPR was off-line. February 17th — All Community Engagement Activities at the Carolyn Sims Center were suspended—(COVID-19). February 17th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the future Cottage District located at 145 NE 4th Avenue, Boynton Beach— our attendance was requested by CRA Executive Director Mike Simon and Police Administration. February 17th— The Neighborhood Officer Program conducted two (2) separate extra patrols of the Sara Sims Park. February 17th — Officer Rivera met with Ms. Shirley Aikens, daughter of Willie Aikens or President of the Heart of Boynton Homeowner's Association, in District 11. Ms. Aikens provided perishable food to be distributed to families' in-need in the Heart of Boynton/District II. 78 February 1711— Sergeant Diehl conducted one (1) extra patrol of the City Hall/Kids Kingdom Park located at 100 E. Ocean Avenue, Boynton Beach, FL. February 17th — The "Community Engagement Activities — dubbed READ w/ a COP" at Poinciana Elementary School—was canceled— (COVID-19). February 17th — The Neighborhood Officer Program conducted one (1) extra patrol of the U- Hau1TM at 1319 N. Federal Highway, Boynton Beach, FL— our attendance was requested by the Police Administration. February 17th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the Boynton Beach Women's Club located at 1010 S. Federal Highway, Boynton Beach, FL —the building is closed (COVID-19). February 17th — The Neighborhood Officer Program conducted one (1) extra patrols of the Family DollarTM vacated site/building located at 100 NE 10th Avenue,Boynton Beach, FL. February 17th — The Neighborhood Officer Program conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. February 17th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the CDC/Habitat Homes in the 100 block of NW 10th Avenue — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. February 17th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the vacant lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). February 17th — Officer P r m re was re-assigned to Patrol Services --- "Traffic Unit. During his tour of duty, he perforated traffics related activities (i.e. traffics stops and investigated traffics crashes.) 79 February 1711 — The Neighborhood Officer Program distributed bread, pastries, and vegetables (that were earlier donated by Ms. Aikens) within the Heart of Boynton/District II — four (4) families provided for. February 17th — Officer Rivera participated with the "Police Recruitment" Facetime Video regarding the Boynton Beach Police Department's "Recruitment Campaign" at the Boynton Beach Police Department. February 17th— The Neighborhood Officer Program conducted one (1) separate extra patrols of New Disciples Church located at 239 NE 11th Avenue, Boynton Beach, FL — our assistance was requested by Pastor Richard Dames; as suspected drug activity is occurring along the west side of the building. February 17th — The Neighborhood Officer Program conducted one (1) extra patrol of the Galaxy Park located at 301 NW 4th Avenue, Boynton Beach,FL. February 17th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 1001 N. Railroad, Boynton Beach, FL. February 17th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the Ocean Breeze Apartment Complex in the 700 block of N. Seacrest Blvd., Boynton Beach, FL. February 17th — The Neighborhood Officer Program conducted one (1) extra patrol of the Walmart located at 3625 S. Federal Highway, Boynton Beach, FL. February 18th — Officer Rivera logged in and monitored the Mobile License Plate Reader; however, this LPR was off-line. February 18th — The Neighborhood Officer Program conducted one (1) extra patrol of the Sunshine Square Plaza located at 500 E. Woolbright Road, Boynton Beach, FL. 80 February 18" — At the request from CRA Staff (Shutt), Officer Rivera conducted business check of 125 E. Boynton Beach Blvd. (CRA District), Boynton Beach, FL. This particular business (Property Damage Consultants) entered into a trespass agreement with the City of Boynton/Police Department. February 18th — The Neighborhood Officer Program conducted one (1) extra patrol of the Joann Fabric's Plaza located at 1500 S. Federal Highway, Boynton Beach, FL. February 18th — Officer Rivera conducted one (1) extra patrol of the Kids Kingdom Park located at 101 E. Ocean Avenue, Boynton Beach, FL February 18th— The Neighborhood Officer Program conducted one (1) extra patrol at Sunshine Square located at 500 E. Woolbright Road, Boynton Beach, FL. February 19th — Officer Rivera logged in and monitored the Mobile License Plate Reader; however, this LPR was off-line. February 19th — The Neighborhood Officer Program conducted one (1) extra patrol of the Galaxy Park located at301 NW 4th Avenue,Boynton Beach,FL. February 19th — All Community ,Engagement Activities at the Carolyn Sims Center were suspended—(COVID-19). February 19th — The Neighborhood Officer Program conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. February 19th — The Neighborhood Officer Program conducted one (1) extra patrol of the Kid Kingdom Park located at 101 E. Ocean Avenue, Boynton Beach, FL. February 19th — At the request from CRA Staff (Shutt), Officer Rivera conducted business check of 125 E. Boynton Beach Blvd. (CRA District), Boynton Beach, FL. This particular business (Property Damage Consultants) entered into a trespass agreement with the City of Boynton/Police Department. 81 February 1911 — The Neighborhood Officer Program distributed bread, pastries, and vegetables (that were earlier donated by Ms. Aikens) within the Heart of Boynton/District II — two (2) families provided for. NOTE: This was carry-over from February 17, 2021 February 19th— The Neighborhood Officer Program spent less than one (1) hour, at the office at the direction of the Police Administration. February 19th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the Ocean Breeze Apartment Complex in the 700 block of N. Seacrest Blvd., Boynton Beach, FL. February 19th — The Neighborhood Officer Program conducted one (1) extra patrol of the City Hall complex located at 100 E. Ocean Avenue, Boynton Beach, FL. February 19th— The Neighborhood Officer Program conducted one (1) extra patrol of the Ezell Hester Center located at 1901 N. Seacres`t Blvd., Boynton Beach, FL. February 20th — The Neighborhood Officer Program attended the "Drive UP — Community Day of Feeding & Healing" — hosted`by Boynton Beach House of Kingdom Worship. Moreover, during this event the NOP endeavored to build bridges of cooperation and trust between law enforcement. February 20th — Sergeant Diehl attended the "Gun Buy Back" — hosted by Miami-Dade County Police Department. Moreover, during this event the NOP endeavored to build bridges of cooperation and trust between law enforcement. February 22nd— Sergeant Diehl logged in and monitored the Mobile License Plate Reader and Speed Measurement Trailer #1; however, these LPR's were off-line. February 22nd — All Community Engagement Activities at the Carolyn Sims Center were suspended—(COVID-19). 82 February 2211 — Sergeant Diehl conducted one (1) extra patrol of the U-Hau1TM at 1319 N. Federal Highway, Boynton Beach, FL — our attendance was requested by the Police Administration. February 22nd — Sergeant Diehl conducted two (2) separate extra patrols of the CDC/Habitat Homes in the 100 block of NW 10th Avenue—our attendance was requested by CRA Executive Director Mike Simon and Police Administration. February 22nd — Sergeant Diehl conducted two (2) separate extra patrols of the Sara Sims Park. February 22nd — Sergeant Diehl conducted one (1) extra patrol of the Galaxy Park located at 301 NW 4th Avenue, Boynton Beach, FL. February 22nd — Sergeant Diehl conducted one (1) separate extra patrol of New Disciples Church located at 239 NE 11th Avenue, Boynton Beach, FL— our assistance was requested by Pastor Richard Dames; as suspected drug activity is occurring' along the west side of the building. February 22nd — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). February 22nd — Sergeant Diehl conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. February 22nd — Sergeant Diehl conducted one (1) extra patrols of the Family DollarTM vacated site/building located at 100 NE 10th Avenue, Boynton Beach, FL. February 22nd — Sergeant Diehl conducted one (1) separate extra patrol of the Boynton Beach Women's Club located at 1010 S. Federal Highway, Boynton Beach, FL. 83 February 2211 — The Heart of Boynton Community Association Meeting at Carolyn Sims Center was canceled(COVID-19.) February 22nd— Sergeant Diehl conducted one (1) separate extra patrol of the Cottage District located at 145 NE 4tn Avenue, Boynton Beach — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. February 22nd — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 1001 N. Railroad, Boynton Beach, FL. February 22nd— Sergeant Diehl conducted one (1) extra patrol of the City Hall/Kids Kingdom Park located at 100 E. Ocean Avenue, Boynton Beach, FL. February 22nd — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 407 NE 1st Street,Boynton Beach,FL. February 23`'d — Sergeant Diehl logged in and monitored the Mobile License Plate Reader; however, this LPR was off-line_ February 23`'d — All Community;,Engagement Activities at the Carolyn Sims Center were suspended—(COVID-19). February 23`'d — The Neighborhood Officer Program conducted one (1) extra patrol of the U- Hau1TM at 1319 N. Federal Highway, Boynton Beach, FL— our attendance was requested by the Police Administration. February 23`'d— The Neighborhood Officer Program conducted two (2) separate extra patrols of the CDC/Habitat Homes in the 100 block of NW 10th Avenue— our attendance was requested by CRA Executive Director Mike Simon and Police Administration. February 23`'d - Officer Param re was re-assigned to patrol Services --- "Traffic Unit. During his tour of duty, lie perforated traffics related activities (i.e. traffics stops and investigated traffics crashes.) 84 February 23" — In collaboration with CRA Staff (Roberts), Officer Rivera conducted business checks with several businesses along W. Boynton Beach Blvd. (CRA District), Boynton Beach, FL. It should be noted that this was rescheduled from 2/19/21. February 23`'d— The Neighborhood Officer Program spent less than one (1) hour,at the office at the direction of the Police Administration. February 23`'d — The Neighborhood Officer Program conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. February 23`'d — The Neighborhood Officer Program conducted two (2) extra patrols of the Galaxy Park located at 301 NW 4d'Avenue, Boynton Beach, FL. February 23`'d— The Neighborhood Officer Program conducted one (1) separate extra patrol of the vacant lot (across+ from Bell's Market) orin the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). February 23`'d — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 1001 N. Railroad, Boynton Beach, FL. February 23`'d— The Neighborhood Officer Program conducted one (1) separate extra patrol of New Disciples Church located at 239 NE 11th Avenue, Boynton Beach, FL — our assistance was requested by Pastor Richard Dames; as suspected drug activity is occurring along the west side of the building. February 23`'d— The Neighborhood Officer Program conducted one (1) separate extra patrol of the future Cottage District located at 145 NE 4th Avenue, Boynton Beach— our attendance was requested by CRA Executive Director Mike Simon and Police Administration. February 23`'d — The Neighborhood Officer Program conducted three (3) separate extra patrols of the Ocean Breeze Apartment Complex in the 700 block of N. Seacrest Blvd., Boynton Beach. 85 February 2311— The Neighborhood Officer Program conducted one (1) separate extra patrol of the Boynton Beach Women's Club located at 1010 S. Federal Highway, Boynton Beach, FL. February 23`'d — The Neighborhood Officer Program conducted one (1) extra patrols of the Family DollarTM vacated site/building located at 100 NE loth Avenue, Boynton Beach, FL. February 23`'d— The Neighborhood Officer Program conducted four (4) separate extra patrols of the Sara Sims Park. February 23`'d— Sergeant Diehl conducted one (1) extra patrol of the City Hall/Kids Kingdom Park located at 100 E. Ocean Avenue, Boynton Beach, FL. February 23`'d — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 407 NE 1st Street, Boynton Beach, FL. February 24th — Sergeant Diehl logged in and monitored the Mobile License Plate Reader, however, this LPR was off-line. February 24th — All Community Engagement Activities at the Carolyn Sims Center were suspended—(COVID-19). February 24th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the Cottage District located at 145 NE 4th Avenue, Boynton Beach — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. February 24th— The Neighborhood Officer Program conducted two (2) separate extra patrols of the Sara Sims Park. February 24th — Sergeant Diehl conducted one (1) extra patrol of the Kid Kingdom Park located at 100 E. Ocean Avenue, Boynton Beach, FL. February 24th— Officer Rivera participated with the "Police Recruitment Team" regarding the Boynton Beach Police Department's "Recruitment Campaign" at the Boynton Beach Police Department—Facebook TimeTM Q&A w/Chief Michael Gregory. 86 February 241h — CSA Vasquez met with Ms. Shirley Aikens, daughter of Willie Aikens or President of the Heart of Boynton Homeowner's Association, in District H. Ms. Aikens provided perishable food to be distributed to families' in-need in the Heart of Boynton/District H. February 24th — The Neighborhood Officer Program conducted one (1) extra patrol of the U- Hau1TM at 1319 N. Federal Highway, Boynton Beach, FL— our attendance was requested by the Police Administration. February 24th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the Boynton Beach Women's Club located at 1010 S. Federal Highway, Boynton Beach, FL —the building is closed (COVID-19). February 24th — The Neighborhood Officer Program conducted one (1) extra patrols of the Family DollarTM vacated site/building located at 100 NE 10'h Avenue,Boynton Beach, FL. February 24th — The Neighborhood Officer Program conducted two (2) extra patrols of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. February 24th — The "Community Engagement Activities — dubbed READ w/ a COP" at Poinciana Elementary School—was canceled— (COVID-19). February 24th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the vacant lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). February 24th— The Neighborhood Officer Program conducted two (2) extra patrols of the AIA Liquor Store located at 109 E. Boynton Beach Blvd., Boynton Beach, FL. February 24th — The Neighborhood Officer Program conducted one (1) extra patrol of the Property Damage Consultants located at 125 E. Boynton Beach Blvd., Boynton Beach, FL. 87 February 2411 — The Neighborhood Officer Program distributed bread, pastries, and vegetables (that were earlier donated by Ms. Aikens) within the Heart of Boynton/District II — six (6) families provided for. February 24th — The Neighborhood Officer Program conducted one (1) separate extra patrol of Ocean Plaza located at 600 E. Ocean Avenue, Boynton Beach, FL. February 24th — The Neighborhood Officer Program conducted one (1) extra patrol of the Galaxy Park located at 301 NW 4t'Avenue, Boynton Beach, FL. February 24th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 1001 N. Railroad, Boynton Beach, FL. February 24th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the Ocean Breeze Apartment Complex in the 700 block of N. Seacrest Blvd., Boynton Beach, FL. February 25th — Sergeant Diehl logged in and monitored the Mobile License Plate Reader; however, this LPR was off-line. February 25th— The Neighborhood Officer Program conducted one (1) extra patrol of the AIA Liquor Store located at 109 E. Boynton Beach Blvd., Boynton Beach, FL. February 25th — The Neighborhood Officer Program conducted one (1) extra patrol of the Property Damage Consultants located at 125 E. Boynton Beach Blvd., Boynton Beach, FL. February 25th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the CDC/Habitat Homes in the 100 block of NW 10th Avenue — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. February 25th — The Neighborhood Officer Program spent over eight hours at the office at the direction of the Police Administration—for data/phone installation. 88 February 2511 — The Neighborhood Officer Program conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. February 25th— Sergeant Diehl conducted one (1) extra patrol of the City Hall/Kids Kingdom Park located at 101 E. Ocean Avenue, Boynton Beach, FL February 25th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the Boynton Beach Women's Club located at 1010 S. Federal Highway, Boynton Beach, FL. February 25th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the Cottage District located at 145 NE 4th Avenue, Boynton Beach — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. February 25th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the Sara Sims Park. February 25th — The Neighborhood Officer Program conducted one (1') extra patrol of the Galaxy Park located at 301 NW 4th Avenue, Boynton Beach,FL. February 25th — All Community Engagement Activities at the Carolyn Sims Center were suspended—(COVID-19). February 26th— Officer Paramore attended SWAT training/operation. February 26th — Sergeant Diehl attended (virtually) the "Transgenerational Trauma: From Slavery to Freedom" — hosted by Healthier Boynton Beach. Moreover, during this event the NOP endeavored to build bridges of cooperation and trust between law enforcement. March 2021 March 1st— The Heart of Boynton Community Association Meeting at Carolyn Sims Center was canceled(COVID-19.) 89 March 1st — At the request of Police Administration; Sergeant Diehl completed and updated the spreadsheet an overview of the Neighborhood Officer Program for February 2021. This overview included calls for service, community events, educational initiatives, and activities that built trust and legitimacy. March 1st — Sergeant Diehl logged in and monitored the Mobile License Plate Reader and Speed Measurement Trailer #1; however, these LPR's were off-line. March 1st — All Community Engagement Activities at the Carolyn Sims Center were suspended—(COVID-19). March 1st— Sergeant Diehl conducted one (1) extra patrol of the U-Hau1TM at 1319 N. Federal Highway, Boynton Beach, FL—our attendance was requested by the Police Administration. March 1St— Sergeant Diehl conducted one (1) separate extra patrol of the CDC/Habitat Homes in the 100 block of NW loth Avenue - our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 1St— Sergeant Diehl conducted two(2) separateextra patrols of the Sara Sims Park. March 1St — Sergeant Diehl conducted one (1) extra patrol of the Galaxy Park located at 301 NW 4t' Avenue, Boynton Beach, FL. March 1St — Sergeant Diehl conducted one (1) separate extra patrol of New Disciples Church located at 239 NE 11th Avenue, Boynton Beach, FL — our assistance was requested by Pastor Richard Dames; as suspected drug activity is occurring along the west side of the building. March 1St — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). March 1St — Sergeant Diehl conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. 90 March 1st — Sergeant Diehl and PSA Vasquez attended the "Downtown Business Coalition Meeting" hosted by Gauca Go (500 E. Ocean Avenue, Boynton Beach, FL.) March 11t — Sergeant Diehl conducted one (1) extra patrols of the Family DollarTM vacated site/building located at 100 NE loth Avenue, Boynton Beach, FL. March 1st — Sergeant Diehl conducted one (1) separate extra patrol of the Boynton Beach Women's Club located at 1010 S. Federal Highway, Boynton Beach, FL — the building is closed (COVID-19). March 1st — Sergeant Diehl conducted one (1) separate extra patrol of the Cottage District located at 145 NE 4th Avenue, Boynton Beach — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 1st — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 1001'N. Railroad, Boynton Beach, FL. March 1st— Sergeant Diehl conducted one (1) extra patrol of the Kid Kingdom Park located at 101 E. Ocean Avenue,Boynton Beach, FL. March 2nd — Sergeant Diehl logged in and monitored the Mobile License Plate Reader; however, this LPR was off-line. March 2nd — All Community Engagement Activities at the Carolyn Sims Center were suspended—(COVID-19). March 2nd — The Neighborhood Officer Program conducted one (1) extra patrol of the U- Hau1TM at 1319 N. Federal Highway, Boynton Beach, FL— our attendance was requested by the Police Administration. March 2nd— The Neighborhood Officer Program conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. March 2nd— Sergeant Diehl viratally attended the City Commission Meeting. 91 March 1st — Sergeant Diehl, Officer Paramore and PSA Vasquez attended the "Healing Heart Sculpture" unveiling hosted at City Hall (100 E. Ocean Avenue, Boynton Beach, FL.) March 2nd— The Neighborhood Officer Program conducted two (2) separate extra patrols of the CDC/Habitat Homes in the 100 block of NW 10th Avenue — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 2nd — The Neighborhood Officer Program conducted one (1) extra patrol of the Galaxy Park located at 301 NW 4th Avenue, Boynton Beach, FL. March 2nd— The Neighborhood Officer Program conducted one (1) separate extra patrol of the vacant lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). March 2nd — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 1001 N. Railroad, Boynton Beach, FL. March 2nd— The Neighborhood Officer Program conducted one (1) separate extra patrol of New Disciples Church located at 239 NE 11th Avenue, Boynton Beach, FL — our assistance was requested by Pastor Richard Dames; as suspected drug activity is occurring along the west side of the building. March 2nd— The Neighborhood Officer Program conducted one (1) separate extra patrol of the Cottage District located at 145 NE 4th Avenue, Boynton Beach— our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 2nd— The Neighborhood Officer Program conducted one (1) separate extra patrol of the Boynton Beach Women's Club located at 1010 S. Federal Highway,Boynton Beach, FL. March 2nd— The Neighborhood Officer Program conducted one (1) extra patrols of the Family DollarTM vacated site/building located at 100 NE 10th Avenue, Boynton Beach, FL. 92 March 211— Sergeant Diehl assisted patrol operations with a Traffic Crash incident—reference our case number 21-011381 at 556 E. Woolbright Road, Boynton Beach, FL. March 2nd — The Neighborhood Officer Program conducted one (1) extra patrol of the AIA Liquor Store located at 109 E. Boynton Beach Blvd., Boynton Beach, FL. March 2nd— The Neighborhood Officer Program conducted one (1) extra patrol of the Property Damage Consultants located at 125 E. Boynton Beach Blvd., Boynton Beach, FL. March 2nd— The Neighborhood Officer Program conducted two (2) separate extra patrols of the Sara Sims Park. March 2nd— The Neighborhood Officer Program conducted two (2) separate extra patrols of the vacant CRA property/structure located at 407 NE 1st Street, Boynton Beach, FL. March 2nd — Sergeant Diehl conducted two (2) extra;patrols of the City Hall/Kids Kingdom Park located at 100 E. 'Ocean Avenue, Boynton Beach,FL. March 3`'d — The Neighborhood Officer Program conducted one (1) separate extra patrol of the Cottage District located at 145 NE 4th Avenue, Boynton Beach— our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March Yd — Sergeant Diehl logged in and monitored the Mobile License Plate Reader, however, this LPR was off-line. March 3`'d — All Community Engagement Activities at the Carolyn Sims Center were suspended—(COVID-19). March Yd—PSA Vasquez met with Ms. Shirley Aikens, daughter of Willie Aikens or President of the Heart of Boynton Homeowner's Association, in District 11. Ms. Aikens provided perishable food to be distributed to families' in-need in the Heart of Boynton/District II. March Yd— Sergeant Diehl conducted one (1) separate extra patrol of the Downtown Business District(Hurricane Alley/Boardwalk Ice Cream/Guaca Go/Ocean Food Mart/Pio Pio). 93 March 3rd - Officer Paramore was re-assigned to Patrol Services --- Traffic Unit. During his tour of duty, lie performed traffic related activities (i.e. traffic stops and investigated traffic crashes.) March 3`'d— The Neighborhood Officer Program conducted one (1) separate extra patrols of the Sara Sims Park. March 3`'d _ Sergeant Diehl conducted one (1) extra patrol of the City/Hall ]Kids ]Kingdom Park located at 100 E. Ocean Avenue, Boynton Beach, FL. March 3`'d — The Neighborhood Officer Program conducted one (1) separate extra patrol of the Boynton Beach Women's Club located at 1010 S. Federal Highway, Boynton Beach, FL — the building is closed (COVID-19). March 3rd — The Neighborhood Officer Program conducted one (1) separate extra patrol of the vacant CRA property/structure located at 407 NE 1st Street,Boynton Beach, FL. March 3`'d— The Neighborhood Officer Program conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. March 3`'d — The Neighborhood Officer Program conducted one (1) separate extra patrol of the CDC/Habitat Homes in the 100 block of NW loth Avenue — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 3rd — The "Community Engagement Activities — dubbed READ w/ a COP" at Poinciana Elementary School—was canceled— (COVID-19). March 3rd_ Sergeant Diehl conversed with Willie Aikens, President of the Heart of Boynton Association, regarding the up-coming Boynton Beach Police Department's Gun Buy Back Program. Mr. Aikens' expressed his support for the program. 94 March 311 — The Neighborhood Officer Program distributed bread, pastries, and vegetables (that were earlier donated by Ms. Aikens) within the Heart of Boynton/District II — seven 7 families provided for. March 3`'d — The Neighborhood Officer Program conducted one (1) extra patrol of the Galaxy Park located at 301 NW 4th Avenue, Boynton Beach, FL. March 4th — Sergeant Diehl logged in and monitored the Mobile License Plate Reader; however, this LPR was off-line. March 4th— The Neighborhood Officer Program conducted two (2) separate extra patrols of the CDC/Habitat Homes in the 100 block of NW 10th Avenue — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 4th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the Boynton Beach Women's Club located at 1010 S. Federal Highway, Boynton Beach, FL — the building is closed(COVID 19). March 4th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the Cottage District located at 145 NE 4th Avenue, Boynton Beach— our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 4th— The Neighborhood Officer Program conducted two (2) separate extra patrols of the Sara Sims Park—the park has re-opened(in part) from COVID-19 lockdown. March 4th — The Neighborhood Officer Program conducted one (1) extra patrol of the Galaxy Park located at 301 NW 4th Avenue, Boynton Beach, FL—the park has re-opened(in part) from C0117D-19 lockdown. March 4th — All Community Engagement Activities at the Carolyn Sims Center were suspended—(COVID-19). 95 March 41h — Sergeant Diehl viratally attended the Community Redevelopment Agency Advisory Board (CRAAB) Meeting. March 4th — The Neighborhood Officer Program conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL — the marina/restaurants have re-opened(in part) from COVID-19 lockdown. March 4th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the vacant lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). March 4th — The Neighborhood Officer Program conducted one (1) extra patrol of the Family DollarTM vacated site/building located at 100 NE 10th Avenue, Boynton Beach, FL. March 4th— The Neighborhood Officer Program conducted one (1) separate extra patrol of New Disciples Church located at,239 NE 111 Avenue, Boynton Beach, FL — our assistance was requested by Pastor Richard Dames; as suspected drug activity is occurring along the west side of the building. March 4th— The Neighborhood Officer Program conducted one (1) extra patrol of the U-Hau1TM at 1319 N. Federal Highway, Boynton Beach, FL — our attendance was requested by the Police Administration. March 4th — Sergeant Diehl conducted one (1) extra patrol of the City Hall/Kids Kingdom Park located at 101 E. Ocean Avenue, Boynton Beach, FL. March 4th— The Neighborhood Officer Program conducted two (2) separate extra patrols of the vacant CRA property/structure located at 407 NE 1st Street, Boynton Beach, FL. March 4th — Sergeant Diehl conducted one (1) separate extra patrol of the Downtown Business District(Hurricane Alley/Boardwalk Ice Cream/Guaca Go/Ocean Food Mart/Pio Pio). 96 March 4th — The Neighborhood Officer Program conducted two (2) extra patrols of the AIA Liquor Store located at 109 E. Boynton Beach Blvd., Boynton Beach, FL. March 4th — The Neighborhood Officer Program conducted two (2) extra patrols of the Property Damage Consultants located at 125 E. Boynton Beach Blvd., Boynton Beach, FL. March 4th—Officer Paramore trained PSA Vasquez on the use of the SegwayTM March 4th — Officer Paramore assisted with setting up the traffic pattern/cones at St. John's Church (901 N. Seacrest Blvd.) for COVID-19 Vaccination scheduled for March 5, 2021. March 4th — Sergeant Diehl completed and submitted annual evaluations for Officers Paramore and Rivera today—both received satisfactory annual evaluations. March 5th — Officer Paramore logged in and monitored the Mobile License Plate Reader; however, this LPR was off-line. March 5th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the CDC/Habitat Homes in the 100 block of NW 10th Avenue — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 5th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the Sara Sims Park. March 5th — All Community Engagement Activities at the Carolyn Sims Center were suspended—(COVID-19). March 5th — The Neighborhood Officer Program conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. March 5th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the vacant CRA property/structure located at 407 NE lst Street, Boynton Beach, FL. March 5th — The Neighborhood Officer Program conducted one (1) extra patrol of CVS located at 301 N. Federal Highway, Boynton Beach, FL. 97 March 5th — The Neighborhood Officer Program conducted one (1) extra patrol of the AIA Liquor Store located at 109 E. Boynton Beach Blvd., Boynton Beach, FL. March 5th— The Neighborhood Officer Program conducted one (1) extra patrol of the Property Damage Consultants located at 125 E. Boynton Beach Blvd., Boynton Beach, FL. March 5th—Officer Paramore attended a dentist appointment today. March 8th — Sergeant Diehl logged in and monitored the Mobile License Plate Reader and Speed Measurement Trailer #1; however, these LPR's were off-line. March 8th — All Community Engagement Activities at the Carolyn Sims Center were suspended—(COVID-19). March 8th — Sergeant Diehl conducted one (1) extra patrol of the U-Hau1TM at 1319 N. Federal Highway, Boynton Beach, FL our attendance was requested by the Police Administration. March 8th— Sergeant Diehl conducted one (1) separate extra patrol of the CDC/Habitat Homes in the 100 block of NW 1011 Avenue - our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 8th— Sergeant Diehl conducted two (2) separate extra patrols of the Sara Sims Park. March 8th — Sergeant Diehl conducted one (1) extra patrol of the Galaxy Park located at 301 NW 4h Avenue, Boynton Beach, FL. March 8th — Sergeant Diehl conducted one (1) separate extra patrol of New Disciples Church located at 239 NE 11th Avenue, Boynton Beach, FL — our assistance was requested by Pastor Richard Dames; as suspected drug activity is occurring along the west side of the building. March 8th — The Heart of Boynton Community Association Meeting at Carolyn Sims Center was canceled(COVID-19.) 98 March 8th — Sergeant Diehl assisted patrol operations with a Trespass After Warning (Arrest X3) — reference our case number 21-012442 at Ocean Breeze Apartment Complex or 100 NE 7th Avenue, Boynton Beach, FL. March 8th — Sergeant Diehl conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. March 8th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). March 8th — Sergeant Diehl conducted one (1) extra patrols of the Family DollarTM vacated site/building located at 100 NE 10th Avenue, Boynton Beach, FL. March 8th — Sergeant Diehl conducted one (1) separate extra patrol of the Boynton Beach Women's Club located at 1010 S. Federal Highway, Boynton Beach, 'FL — the building is closed (COVID-19). March 8th — Sergeant Diehl conducted one (1) separate extra patrol of the future Cottage District located at 145 NE 4th Avenue,Boynton Beach our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 8th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 407 NE 1st Street, Boynton Beach, FL. March 8th— Sergeant Diehl conducted one (1) extra patrol of the Kid Kingdom Park located at 101 E. Ocean Avenue, Boynton Beach, FL. March 8th — Sergeant Diehl conducted one (1) separate extra patrol of the Downtown Business District(Hurricane Alley/Boardwalk Ice Cream/Guaca Go/Ocean Food Mart/Pio Pio). 99 March 8th— Sergeant Diehl conversed with Willie Aikens, President of the Heart of Boynton Association, regarding the up-coming Boynton Beach Police Department's Gun Buy Back Program. Mr. Aikens' again expressed his support for the event. March 9th — Sergeant Diehl logged in and monitored the Mobile License Plate Reader; however, this LPR was off-line. March 9th — All Community Engagement Activities at the Carolyn Sims Center were suspended—(COVID-19). March 9th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the Ocean Breeze Apartment Complex in the 700 block of N. Seacrest Blvd., Boynton Beach, FL. March 9th— The Neighborhood Officer Program conducted one (1) extra patrol of the U-Hau1TM at 1319 N. Federal Highway,Boynton Beach, FL — our attendance was requested by the Police Administration. March 9th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the CDC/Habitat Homes in the 100 block of NW loth Avenue — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 9th — The Neighborhood Officer Program conducted one (1) extra patrol of the Galaxy Park located at 301 NW 4th Avenue, Boynton Beach, FL. March 9th — The Neighborhood Officer Program conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. March 9th — Sergeant Diehl, Officer Paramore, and PSA Vasquez attended the CRA Board Meeting (in person.) March 9th— At the request of Police Chief Michael Gregory, Sergeant Diehl attended a virtual meeting, entitled, "IN CROWD" —hosted by Reverend J. R. Thicklin. 100 March 91h - Officer Paramore was re-assigned to Patrol Services — Traffic Unit. During his tour of duty, he performed traffic related activities (i.e. traffic stops and investigated traffic crashes.) March 9th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the vacant lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). March 9th _ Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 407 NE 1st Street, Boynton Beach, FL — our attendance was requested by CRA Executive Director Mike Simon. March 9th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the future Cottage District located at 145 NE 41 Avenue, Boynton Beach — our attendance was requested by CRA Executive Director Mike Simon. March 9th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the Boynton Beach Women's Club located at 1010 S. Federal Highway,Boynton Beach, FL. March 9th — The Neighborhood Officer Program conducted one (1) extra patrols of the Family DollarTM vacated site/building located at 100 NE 10th Avenue, Boynton Beach, FL. March 9th— The Neighborhood Officer Program conducted two (2) separate extra patrols of the Sara Sims Park. March 9th_ Sergeant Diehl conducted one (1) extra patrol of the Kid Kingdom Park located at 100 E. Ocean Avenue, Boynton Beach, FL. March loth _ Sergeant Diehl logged in and monitored the Mobile License Plate Reader, however, this LPR was off-line. March loth — All Community Engagement Activities at the Carolyn Sims Center were suspended —(COVID-19). 101 March 10th — Sergeant Diehl attended (virtually) the Community Redevelopment Agency (CRA)/City of Boynton Beach Coordination Meeting. March 10th— The Neighborhood Officer Program conducted one (1) separate extra patrol of the Cottage District located at 145 NE 4th Avenue, Boynton Beach— our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 10th— The Neighborhood Officer Program conducted two (2) separate extra patrols of the Sara Sims Park. March 10th — Sergeant Diehl conducted one (1) extra patrol of the Kid Kingdom Park located at 100 E. Ocean Avenue, Boynton Beach, FL. March 10th — The Neighborhood Officer Program spent about four (4) hours at the office at the direction of the Police Administration. March 10th— The Neighborhood Officer Program conducted one (1) extra patrols of the Family DollarTM vacated site/building located at 100 NE loth'Avenue,Boynton Beach, FL. March 10th— The Neighborhood Officer Program conducted one(1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. March 10th— The Neighborhood Officer Program conducted two (2) separate extra patrols of the CDC/Habitat Homes in the 100 block of NW 10th Avenue — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 10th — The "Community Engagement Activities — dubbed READ w/ a COP" at Poinciana Elementary School—was canceled— (COVID-19). March 10th— Officer Rivera and PSA Vasquez met with Ms. Shirley Aikens, daughter of Willie Aikens or President of the Heart of Boynton Homeowner's Association, in District 11. Ms. Aikens provided perishable food to be distributed to families' in-need in the Heart of Boynton/District II. 102 March 10th — The Neighborhood Officer Program distributed bread, pastries, and vegetables (that were earlier donated by Ms. Aikens) within the Heart of Boynton/District II — eight 8 families provided for. March 10th — Officer Rivera facilitated the CRA with a Trespass Agreement for the newly acquired property/structure located at 401, 407, and 411 E. Boynton Beach Blvd., Boynton Beach, FL —reference our case number(s) 21-012811, 21-012809, and 12-012810. March 10th— Sergeant Diehl conducted one (1) separate extra patrol of the Downtown Business District(Hurricane Alley/Boardwalk Ice Cream/Guaca Go/Ocean Food Mart/Pio Pio). March 10th— The Neighborhood Officer Program conducted one (1) separate extra patrol of the vacant lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). March 10th — The Neighborhood Officer Program conducted one (1) separate extra patrols of New Disciples Church located at 239 NE 11th Avenue, Boynton Beach, FL — our assistance was requested by Pastor Richard Dames; as suspected drugactivity is occurring along the west side of the building. March 10th — The Neighborhood Officer Program conducted one (1) extra patrol of the Galaxy Park located at 301 NW 4th Avenue, Boynton Beach, FL. March 10th — Sergeant Diehl conducted two (2) separate extra patrols of the vacant CRA property/structure located at 407 NE 1st Street, Boynton Beach, FL. March 10th — The Neighborhood Officer Program conducted two (2) extra patrols of the AIA Liquor Store located at 109 E. Boynton Beach Blvd., Boynton Beach, FL. March 10th — The Neighborhood Officer Program conducted two (2) extra patrols of the Property Damage Consultants located at 125 E. Boynton Beach Blvd., Boynton Beach, FL. 103 March 111h — Sergeant Diehl conversed with "IN CROWD" founder Steve West regarding continuing a positive working partnership to unite Palm Beach leadership and residents behind the common goal of being a true home of opportunity and justice for all. March 111h — Sergeant Diehl logged in and monitored the Mobile License Plate Reader; however, this LPR was off-line. March 11th— The Neighborhood Officer Program conducted one (1) separate extra patrol of the CDC/Habitat Homes in the 100 block of NW 10th Avenue — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 11th— The Neighborhood Officer Program conducted one (1) separate extra patrol of the Cottage District located at 145 NE 4th Avenue, Boynton Beach— our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March l lth— The Neighborhood Officer Program conducted two (2) separate extra patrols of the Sara Sims Park. March 11th — The Neighborhood Officer`Program conducted one (1) extra patrol of the Galaxy Park located at 301 NW 4th Avenue, Boynton Beach, FL—the park has re-opened(in part) from CO VID-19 lockdown. March 11th — All Community Engagement Activities at the Carolyn Sims Center were suspended—(COVID-19). March 11th— The Neighborhood Officer Program conducted one (1) separate extra patrol of the vacant lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). March 11th— The Neighborhood Officer Program conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL — the marina/restaurants have re-opened(in part) from COVID-19 lockdown. 104 March 111h — In collaboration with CRA Staff (Roberts), Officer Paramore, Officer Rivera and PSA Vasquez conducted business checks with several businesses along W. Boynton Beach Blvd. (CRA District), Boynton Beach, FL. March 11th — The Neighborhood Officer Program conducted one (1) extra patrol of the Family DollarTM vacated site/building located at 100 NE 10th Avenue, Boynton Beach, FL. March 11th — The Neighborhood Officer Program conducted one (1) separate extra patrol of New Disciples Church located at 239 NE 11th Avenue, Boynton Beach, FL — our assistance was requested by Pastor Richard Dames; as suspected drug activity is occurring along the west side of the building. March 11th — Sergeant Diehl conducted one (1) extra patrol of the City Hall/Kids Kingdom Park located at 101 E. 'Ocean Avenue, Boynton Beach FL March 11th— The Neighborhood Officer Program conducted two (2) separate extra patrols of the vacant CRA property/structure located at 407 NE 1St Street,Boynton Beach, FL. March 11th — Sergeant Diehl and Officer Paramore 'assisted patrol operations with a Traffic Crash—reference our case number 21-012990 at 1800 S. Federal Highway, Boynton Beach, FL. March 11th— Sergeant Diehl conducted one (1) separate extra patrol of the Downtown Business District(Hurricane Alley/Boardwalk Ice Cream/Guaca Go/Ocean Food Mart/Pio Pio). March 11th— The Neighborhood Officer Program conducted one (1) separate extra patrol of the Ocean Breeze Apartments in the 700 block of N. Seacrest Blvd., Boynton Beach, FL. March 11th — The Neighborhood Officer Program conducted one (1) extra patrol of the AIA Liquor Store located at 109 E. Boynton Beach Blvd., Boynton Beach, FL. March 11th — The Neighborhood Officer Program conducted one (1) extra patrol of the Property Damage Consultants located at 125 E. Boynton Beach Blvd., Boynton Beach, FL. March 12th—Officer Paramore attended physical therapy today. 105 March 121h—Officer Paramore attended SWAT training/operation today. March 16th — Sergeant Diehl logged in and monitored the Mobile License Plate Reader; however, this LPR was off-line. March 16th— Sergeant Diehl conducted one (1) separate extra patrol of vacant CRA properties located at 401, 407 and 411 E. Boynton Beach Blvd., Boynton Beach, FL — our attendance was requested by CRA Executive Director Mike Simon. March 16th — All Community Engagement Activities at the Carolyn Sims Center were suspended—(COVID-19). It should be noted that Spring Break Camp was in-session. March 16th — Sergeant Diehl conducted one (1) separate extra patrols of the CDC/Habitat Homes in the 100 block of NW 10th Avenue—our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 16th — Sergeant Diehl conducted one (1) extra patrol of the Galaxy Park located at 301 NW 4th Avenue, Boynton Beach,FL. March 16th — Sergeant Diehl conductedone (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. March 16th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). March 16th— Sergeant Diehl conducted two (2) separate extra patrols of the Sara Sims Park. March 16th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 407 NE 1st Street, Boynton Beach, FL. March 16th — Sergeant Diehl conducted one (1) separate extra patrol of New Disciples Church located at 239 NE 11th Avenue, Boynton Beach, FL — our assistance was requested by Pastor Richard Dames; as suspected drug activity is occurring along the west side of the building. 106 March 161h— Sergeant Diehl viratally attended the City Commission Meeting. March 16th — Sergeant Diehl conducted one (1) extra patrol of the City Hall/Kids Kingdom Park located at 100 E. Ocean Avenue, Boynton Beach, FL. March 16th— Sergeant Diehl conducted one (1) separate extra patrol of the Downtown Business District(Hurricane Alley/Boardwalk Ice Cream/Guaca Go/Ocean Food Mart/Pio Pio). March 16th — Sergeant Diehl conducted one (1) separate extra patrol of the Cottage District located at 145 NE 4th Avenue, Boynton Beach — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 16th Sergeant Diehl conducted one (1) extra patrols of the Family DollarTM vacated site/building located at 100 NE 10th Avenue, Boynton Beach, FL. March 16th — Sergeant Diehl conducted one (1) separate extra patrol ,of the Ocean Breeze Apartment Complex in the 700 black of N. Seacrest Blvd.,Boynton Beach. March 17th — Sergeant Diehl logged in and monitored the Mobile License Plate Reader, however, this LPR was off-line. March 17th — Sergeant Diehl conducted one (1) separate extra patrol of the future Cottage District located at 145 NE 4th Avenue, Boynton Beach— our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 17th— Sergeant Diehl conducted two (2) separate extra patrols of the Sara Sims Park. March 17th — Sergeant Diehl conducted one (1) extra patrol of the City Hall/Kids Kingdom Park located at 100 E. Ocean Avenue, Boynton Beach, FL. March 17th— Sergeant Diehl conducted one (1) separate extra patrol of vacant CRA properties located at 401, 407 and 411 E. Boynton Beach Blvd., Boynton Beach, FL — our attendance was requested by CRA Executive Director Mike Simon. 107 March 171h— Sergeant Diehl conducted one (1) separate extra patrol of the Downtown Business District(Hurricane Alley/Boardwalk Ice Cream/Guaca Go/Ocean Food Mart/Pio Pio). March 17th Sergeant Diehl conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. March 17th — All Community Engagement Activities at the Carolyn Sims Center were suspended—(COVID-19). It should be noted that Spring Break Camp was in-session. March 17th — Sergeant Diehl conducted one (1) extra patrols of the Family DollarTM vacated site/building located at 100 NE 10th Avenue, Boynton Beach, FL. March 17th — Sergeant Diehl conducted one (1) separate extra patrol of the CDC/Habitat Homes in the 100 block of NW 10th Avenue—our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 17th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant lot (across from Bell's Market) or in the 100 block of NE 10th Avenue'— our attendance was requested by Centennial Management Corporation (CMC). March 17th— Sergeant Diehl conducted one (1) separate extra patrols of New Disciples Church located at 239 NE 11th Avenue, Boynton Beach, FL — our assistance was requested by Pastor Richard Dames; as suspected drug activity is occurring along the west side of the building. March 17th — Sergeant Diehl conducted one (1) extra patrol of the Galaxy Park located at 301 NW 4th Avenue, Boynton Beach, FL. March 17th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 407 NE lst Street, Boynton Beach, FL. March 17th — Sergeant Diehl conducted one (1) separate extra patrol of the Ocean Breeze Apartment Complex in the 100 NE 7th Avenue, Boynton Beach, FL. 108 March 171h — Sergeant Diehl assisted patrol operations with a Traffic Crash — reference our case number 21-014147 at Winchester Park Blvd. and W. Boynton Beach Blvd., Boynton Beach, FL. March 18th — PSA Vasquez met with Ms. Shirley Aikens, daughter of Willie Aikens or President of the Heart of Boynton Homeowner's Association, in District 11. Ms. Aikens provided perishable food to be distributed to families' in-need in the Heart of Boynton/District H. March 18th — Sergeant Diehl logged in and monitored the Mobile License Plate Reader; however, this LPR was off-line. March 18th — Sergeant Diehl conducted two (2) separate extra patrols of the CDC/Habitat Homes in the 100 block of NW 101 Avenue—our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 18th— Sergeant Diehl conducted one (1) separate extra patrol of vacant CRA properties located at 401, 407 and 411 E. Boynton Beach Blvd., Boynton Beach, FL — our attendance was requested by CRA Executive Director Mike Simon. March 18th — Sergeant Diehl conducted one (1) separate extra patrol of the future Cottage District located at 145 NE 4th Avenue, Boynton Beach— our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 18th— Sergeant Diehl conducted one (1) separate extra patrol of the Sara Sims Park. March 18th — Sergeant Diehl conducted one (1) extra patrol of the Galaxy Park located at 301 NW 4t' Avenue, Boynton Beach, FL. March 18th — All Community Engagement Activities at the Carolyn Sims Center were suspended—(COVID-19). It should be noted that Spring Break Camp was in-session. 109 March 181h — The Neighborhood Officer Program distributed bread, pastries, and vegetables (that were earlier donated by Ms. Aikens) within the Heart of Boynton/District II — eight 8 families provided for. March 18th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). March 18th — Sergeant Diehl conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL—the marina/restaurants have re-opetled(in part)from COVID-19 lockdown. March 18th — Sergeant Diehl conducted one (1) extra patrol of the Family DollarTM vacated site/building located at 100 NE 10th Avenue,Boynton Beach;FL. March 18th — Sergeant Diehl conducted one (1) separate extra patrol of New Disciples Church located at 239 NE 111 Avenue, Boynton Beach, FL our assistance was requested by Pastor Richard Dames; as suspected drug activity is occurring along the west side of the building. March 18th — Sergeant Diehl conducted one (1) extra patrol of the City Hall/Kids Kingdom Park located at 101 E. Ocean Avenue, Boynton Beach, FL March 18th — Sergeant Diehl conducted one (1) separate extra patrol of the Ocean Breeze Apartment complex in the 100 NE 7th Avenue, Boynton Beach, FL. March 18th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 407 NE 1st Street, Boynton Beach, FL. March 18th— Sergeant Diehl conducted one (1) separate extra patrol of the Downtown Business District(Hurricane Alley/Boardwalk Ice Cream/Guaca Go/Ocean Food Mart/Pio Pio). 110 March 181h— Sergeant Diehl attended an Early Childhood Learning Center (ECLC) ZoomTM Meeting — hosted by Rita Simmons with Palm Beach County School Board/Galaxy Elementary. March 18th — Sergeant Diehl conducted one (1) extra patrol of U-Haul located at 1319 N. Federal Highway, Boynton Beach, FL. March 22nd— Officer Paramore attended SWAT training/operation today. March 22nd — Sergeant Diehl logged in and monitored the Mobile License Plate Reader and Speed Measurement Trailer #1; however, these LPR's were off-line. March 22nd — All Community Engagement Activities at the Carolyn Sims Center were suspended—(COVID-19). It should be noted that Spring Break Camp was in-session. March 22nd — Sergeant Diehl conducted one (1) separateextra patrol of the CDC/Habitat Homes in the 100 block of NW 101 Avenue-our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 22nd— Sergeant Diehl conducted one (1) separate extra patrol of the Sara Sims Park. March 22nd— Sergeant Diehl conducted one (l) extra patrol of the Galaxy Park located at 301 NW 4d' Avenue, Boynton Beach, FL. March 22nd— The Heart of Boynton Community Association Meeting at Carolyn Sims Center was canceled(COVID-19.) March 22nd— Sergeant Diehl conducted one (1) separate extra patrol of New Disciples Church located at 239 NE 11th Avenue, Boynton Beach, FL — our assistance was requested by Pastor Richard Dames; as suspected drug activity is occurring along the west side of the building. March 22nd— Sergeant Diehl in collaboration with the Boynton Beach Crime Prevention Unit conducted a "Stranger Danger" presentation at the Carolyn Sims Center for the Spring Break Campers. 111 March 2211— Officer Rivera and PSA Vasquez attended a Pathways to College Q&A event at the Boynton Beach Police Department, at the request of the Police Administration. March 22nd — Sergeant Diehl attended a MYCIVICAPP Dynamic Form Update at the Boynton Beach Police Department, at the request of the Police Administration. March 22nd— Sergeant Diehl conducted one (1) separate extra patrol of vacant CRA properties located at 401, 407 and 411 E. Boynton Beach Blvd., Boynton Beach, FL — our attendance was requested by CRA Executive Director Mike Simon. March 22nd — Sergeant Diehl conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. March 22nd — Sergeant Diehl conducted one (1) extra patrols of the Family DollarTM vacated site/building located at 100 NE 10th Avenue,Boynton Beach,FL. March 22nd — Sergeant Diehl conductedone (1) separate extra patrol of the Cottage District located at 145 NE 41 Avenue, Boynton Beach our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 22nd — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 407 NE 1st Street, Boynton Beach, FL. March 22nd — Sergeant Diehl conducted one (1) extra patrol of the City Hall/Kids Kingdom Park located at 101 E. Ocean Avenue, Boynton Beach, FL. March 22nd — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). March 22nd — Sergeant Diehl conducted one (1) separate extra patrol of the Ocean Breeze Apartment Complex in the 100 NE 7 t Avenue, Boynton Beach, FL. 112 March 22nd — Sergeant Diehl conducted one (1) separate extra patrol of the Downtown Business District (Hurricane Alley/Boardwalk Ice Cream/Guaca Go/Ocean Food Mart/Pio Pio). March 23`'d—Officer Paramore attended SWAT training/operation today. March 23`'d — Sergeant Diehl logged in and monitored the Mobile License Plate Reader; however, this LPR was off-line. March 23`'d — All Community Engagement Activities at the Carolyn Sims Center were suspended—(COVID-19). March 23`'d — Sergeant Diehl conducted one (1) separate extra patrol of the CDC/Habitat Homes in the 100 block of NW 10th Avenue—our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 23`'d — Sergeant Diehl conducted one (1) extra patrol of the Galaxy Park located at 301 NW 4th Avenue, Boynton Beach,FL. March 23`'d — Sergeant Diehl conductedone (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. March 23`'d — Sergeant Diehl conducted one (1) separate extra patrol of the vacant lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). March 23`'d— Sergeant Diehl conducted one (1) separate extra patrol of the Downtown Business District(Hurricane Alley/Boardwalk Ice Cream/Guaca Go/Ocean Food Mart/Pio Pio). March 23`'d — Officer Rivera participated with the "Police Recruitment Team" regarding the Boynton Beach Police Department's "Recruitment Campaign" at the Boynton Beach Police Department. 113 March 2311— Sergeant Diehl conducted one (1) separate extra patrol of vacant CRA properties located at 401, 407 and 411 E. Boynton Beach Blvd., Boynton Beach, FL — our attendance was requested by CRA Executive Director Mike Simon. March 23`'d — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 407 NE 1st Street, Boynton Beach, FL. March 23`'d— Sergeant Diehl conducted one (1) separate extra patrol of New Disciples Church located at 239 NE 11th Avenue, Boynton Beach, FL — our assistance was requested by Pastor Richard Dames; as suspected drug activity is occurring along the west side of the building. March 23`'d — Sergeant Diehl conducted one (1) separate extra patrol of the future Cottage District located at 145 NE 4th Avenue, Boynton Beach— our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 23`'d — Sergeant Diehl conducted one (1) extra patrols of the Family DollarTM vacated site/building located at 100 NE 10th Avenue, Boynton Beach,FL. March 23`'d— Sergeant Diehl conducted two (2) separate extra patrols of the Sara Sims Park. March 23`'d — Sergeant Diehl conducted one (1) extra patrol of the City Hall/Kids Kingdom Park located at 100 E. Ocean Avenue, Boynton Beach, FL. March 23`'d — Sergeant Diehl conducted one (1) separate extra patrol of the Ocean Breeze Apartment Complex or 100 NE 7th Avenue, Boynton Beach, FL. March 24th—Officer Paramore attended SWAT training/operation today. March 24th— Officer Rivera and PSA Vasquez met with Ms. Shirley Aikens, daughter of Willie Aikens or President of the Heart of Boynton Homeowner's Association, in District 11. Ms. Aikens provided perishable food to be distributed to families' in-need in the Heart of Boynton/District II. 114 March 241h — The "Community Engagement Activities — dubbed READ w/ a COP" at Poinciana Elementary School—was canceled— (COVID-19). March 24th — Sergeant Diehl logged in and monitored the Mobile License Plate Reader, however, this LPR was off-line. March 24th — All Community Engagement Activities at the Carolyn Sims Center were suspended—(COVID-19). March 24th — Sergeant Diehl conducted one (1) separate extra patrol of the future Cottage District located at 145 NE 4th Avenue, Boynton Beach— our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 24th— Sergeant Diehl conducted one (1) separate extra patrol of the Sara Sims Park. March 24th — Sergeant Diehl conducted one (1) extra patrol of the City Hall/Kids Kingdom Park located at 100 E. 'Ocean Avenue, Boynton Beach,FL. March 24th— The Neighborhood Officer Program spent over two (2) hours at the office at the direction of the Police Administration. March 24th — Sergeant Diehl conducted one (1) extra patrols of the Family DollarTM vacated site/building located at 100 NE loth Avenue, Boynton Beach, FL. March 24th — Sergeant Diehl conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. March 24th — Sergeant Diehl conducted one (1) separate extra patrol of the CDC/Habitat Homes in the 100 block of NW 10th Avenue—our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 24th — The Neighborhood Officer Program distributed bread, pastries, and vegetables (that were earlier donated by Ms. Aikens) within the Heart of Boynton/District II — three 3 families provided for. 115 March 241h — Sergeant Diehl conducted one (1) separate extra patrol of the vacant lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). March 24th— Sergeant Diehl conducted one (1) separate extra patrols of New Disciples Church located at 239 NE 11th Avenue, Boynton Beach, FL — our assistance was requested by Pastor Richard Dames; as suspected drug activity is occurring along the west side of the building. March 24th — Sergeant Diehl conducted one (1) extra patrol of the Galaxy Park located at 301 NW 4th Avenue, Boynton Beach, FL. March 24th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 407 NE 1st Street, Boynton Beach, FL. March 24th — Sergeant Diehl conducted one (1) separate extra patrol of the Ocean Breeze Apartment complex in the 100 NE71 Avenue, Boynton Beach, FL. March 24th— Sergeant Diehl conducted one (1) separate extra patrol of vacant CRA properties located at 401, 407 and 411 E. Boynton Beach Blvd., Boynton Beach, FL — our attendance was requested by CRA Executive Director Mike Simon. March 24th— Sergeant Diehl conducted one (1) separate extra patrol of the Downtown Business District(Hurricane Alley/Boardwalk Ice Cream/Guaca Go/Ocean Food Mart/Pio Pio). March 25th—Officer Paramore attended SWAT training/operation today. March 25th — Officer Rivera participated with the "Police Recruitment Team" regarding the Boynton Beach Police Department's "Recruitment Campaign" at the Boynton Beach Police Department. March 25th — The Neighborhood Officer Program distributed bread, pastries, and vegetables (that were earlier donated by Ms. Aikens) within the Heart of Boynton/District II — six 6 families provided for. NOTE: These were items picked up on March 24, 2021. 116 March 261h—Officer Paramore attended SWAT training/operation today. March 291h — Sergeant Diehl logged in and monitored the Mobile License Plate Reader and Speed Measurement Trailer #1; however, these LPR's were off-line. March 29th — All Community Engagement Activities at the Carolyn Sims Center were suspended—(COVID-19). March 29th — Sergeant Diehl conducted one (1) separate extra patrol of the CDC/Habitat Homes in the 100 block of NW 10th Avenue—our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 29th— Sergeant Diehl conducted one (1) separate extra patrol of the Sara Sims Park. March 29th — Sergeant Diehl conducted one (1) extra patrol of the Galaxy Park located at 301 NW 4th Avenue, Boynton Beach, FL. March 29th — Sergeant Diehl conducted one (1) separate extra patrol of New Disciples Church located at 239 NE 111 Avenue, Boynton Beach, FL - our assistance was requested by Pastor Richard Dames; as suspected drug activity is occurring along the west side of the building. March 29th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). March 29th — Sergeant Diehl conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. March 29th — Sergeant Diehl conducted one (1) extra patrols of the Family DollarTM vacated site/building located at 100 NE 10th Avenue, Boynton Beach, FL. March 29th— Sergeant Diehl conducted one (1) separate extra patrol of the Downtown Business District(Hurricane Alley/Boardwalk Ice Cream/Guaca Go/Ocean Food Mart/Pio Pio). 117 March 291h — Sergeant Diehl assisted patrol operations with a Suspicious Incident — reference our case number 21-016367 at 500 S. Federal Highway, Boynton Beach, FL. March 29th — Sergeant Diehl assisted patrol operations with a Traffic Crash — reference our case number 21-016377 at 400 E. Boynton Beach Blvd., Boynton Beach, FL. March 29th— The Heart of Boynton Community Association Meeting at Carolyn Sims Center was canceled(COVID-19.) March 29th — Sergeant Diehl conducted one (1) extra patrol of the City Hall/Kids Kingdom Park located at 101 E. Ocean Avenue, Boynton Beach, FL. March 29th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 407 NE 1st Street, Boynton Beach, FL. March 29th — Sergeant Diehl conducted' one (1) separate 'extra patrol .of the future Cottage District located at 145 NE 411 Avenue,Boynton Beach our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 29th— Sergeant Diehl conducted one (1) separate extra patrol of vacant CRA properties located at 401, 407 and 411 E. Boynton Beach Blvd., Boynton Beach, FL — our attendance was requested by CRA Executive Director Mike Simon. March 29th — Sergeant Diehl conducted one (1) separate extra patrol of the Ocean Breeze Apartment Complex in the 100 NE 7th Avenue, Boynton Beach, FL. March 30th — Sergeant Diehl logged in and monitored the Mobile License Plate Reader; however, this LPR was off-line. March 30th — All Community Engagement Activities at the Carolyn Sims Center were suspended—(COVID-19). March 30th — Sergeant Diehl assisted patrol operations with a Suspicious Person — reference our case number 21-016367 at 120 E. Ocean Avenue, Boynton Beach, FL. 118 March 301h— The Neighborhood Officer Program conducted one (1) separate extra patrol of the CDC/Habitat Homes in the 100 block of NW 10th Avenue — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 30th — The Neighborhood Officer Program conducted one (1) extra patrol of the Galaxy Park located at 301 NW 4th Avenue, Boynton Beach, FL. March 30th— The Neighborhood Officer Program conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. March 30th— The Neighborhood Officer Program conducted one (1) separate extra patrol of the vacant lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). March 30th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 407 NE 11t Street, Boynton Beach, FL. March 30th — The Neighborhood Officer Program conducted two (2) separate extra patrols of vacant CRA properties located at 401, 407 and 411 E. Boynton Beach Blvd., Boynton Beach, FL — our attendance was requested by CRA Executive Director Mike Simon. March 30th — The Neighborhood Officer Program conducted one (1) separate extra patrol of New Disciples Church located at 239 NE 11th Avenue, Boynton Beach, FL — our assistance was requested by Pastor Richard Dames; as suspected drug activity is occurring along the west side of the building. March 30th— The Neighborhood Officer Program conducted one (1) separate extra patrol of the future Cottage District located at 145 NE 4th Avenue, Boynton Beach — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 30th— Sergeant Diehl conducted one (1) separate extra patrol of the Downtown Business District(Hurricane Alley/Boardwalk Ice Cream/Guaca Go/Ocean Food Mart/Pio Pio). 119 March 301h— Sergeant Diehl assisted patrol operations with a Juvenile Disturbance—reference our case number 21-016548 at 108 NE 7th Avenue, Boynton Beach, FL. March 30th — Officer Rivera participated with the "Police Recruitment Team" regarding the Boynton Beach Police Department's "Recruitment Campaign" at the Boynton Beach Police Department. March 30th — The Neighborhood Officer Program conducted one (1) extra patrol of the AIA Liquor Store located at 109 E. Boynton Beach Blvd., Boynton Beach, FL. March 30th — The Neighborhood Officer Program conducted one (1) extra patrol of the Property Damage Consultants located at 125 E. Boynton Beach Blvd., Boynton Beach, FL. March 30th— The Neighborhood Officer Program conducted one (1) extra patrols of the Family DollarTM vacated site/building located at 100 NE I01Aven>ae,Boynton Beach, FL. March 30th— The Neighborhood Officer Program conducted two (2) separate extra patrols of the Sara Sims Park. March 30th — Sergeant Diehl conducted one (1) extra patrol of the City Hall/Kids Kingdom Park located at 100 E. Ocean Avenue, Boynton Beach,FL. March 30th— The Neighborhood Officer Program conducted two (2) separate extra patrols of the Ocean Breeze Apartment Complex in the 100 NE 7th Avenue, Boynton Beach, FL. March 30th— The Neighborhood Officer Program conducted one (1) separate extra patrol of the Ocean Breeze West/Homes in the Ocean Breeze Circle, Boynton Beach, FL. March 31st — Officer Paramore logged in and monitored the Mobile License Plate Reader, however, this LPR was off-line. March 31st — All Community Engagement Activities at the Carolyn Sims Center were suspended—(COVID-19. 120 March 3111— Officer Paramore conducted one (1) extra patrols of the Family DollarTM vacated site/building located at 100 NE 10th Avenue, Boynton Beach, FL. March 31' — The "Community Engagement Activities — dubbed READ w/ a COP" at Poinciana Elementary School—was canceled— (COVID-19). March 31st — Officer Paramore conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. March 31st — Officer Paramore conducted one (1) separate extra patrol of the CDC/Habitat Homes in the 100 block of NW 10th Avenue—our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 31st— Officer Paramore conducted one (1) separate extra patrol of the vacant lot (across from Bell's Market) or in the 100 block of NE 101 Avenueour attendance was requested by Centennial Management Corporation (CMC). March 31' — Officer Paramore conducted one (1) separate extra patrol of the vacant CRA property/structure located at 407 NE 1St'Street,Boynton Beach, FL. March 31' — Officer Paramore conducted one (1) separate extra patrol of vacant CRA properties located at 401, 407 and 411 E. Boynton Beach Blvd., Boynton Beach, FL — our attendance was requested by CRA Executive Director Mike Simon. March 31St — Officer Paramore conducted one (1) extra patrol of Intracoastal Park located at 2240 N. Federal Highway, Boynton Beach, FL. March 31St — Officer Paramore conducted one (1) separate extra patrol of the Ocean Breeze Apartment Complex in the 100 NE 7th Avenue, Boynton Beach, FL. March 31' — In collaboration with CRA Staff (Roberts), Officer Rivera and PSA Vasquez conducted business checks with several businesses along W. Boynton Beach Blvd. (CRA District), Boynton Beach, FL. 121 SEGWAYTM Log SegwayTM Data as of March 4, 2021 SegwayTM Data as of March 31, 2021 Reflects use/time prior to maintenance Odometer (meters): 402 miles Odometer (meters): 0 miles Enabled Time: 1769 hours Enabled Time: 0 hours NO CHANGE NCL t DATA Odometer (meters): 456342 or 285 miles Odometer (meters): 45XXX or 0 miles Enabled Time: 84344 minutes or 1406 hours Enabled Time: 8XXX minutes or 0 hours July 22, 2020—DOWNED SEGWAYS FOR MAINTENANCE/SERVICE March 4, 2021 — SEGWAYS RETURNED FROM SERVICE 122 Neighborhood Officer Program Photos t °�5a •r 1tf,tt717���1u � as e�"'' CRA—Business Checks—Week 1 yat ma i i CRA—Business Checks—Week 1 i?a Removal of Homeless Encampment at Habitat Home on NE 12th Avenue 123 Comirtawit y COV JD-19 Strat404t W4 How Do We Control the COVID-19 Pandemic? ---P t= jJ F 4r,Ki#onga Klminya Ms.Lynne Hubbard Or.Debra Robinson "6r.AGnaAlansa COMMUNITY CONVERSATIONS The COVID-19 Valccines S Thursday, February 4, 2020 @ 7PM r A Virtual Zoom Event Weanhk, Registration Link:htkps:/jhi .1 /3iZ64LiV T. MIIx111!€rz ON By—Be h or visit tljmediealsaciety.arg Ni°oo ,-ve Community COVID-19 Straight Talk—Virtual Meeting IA �r r ij & u 1 f . CRA District—Business Checks —Week 2 124 a K 3 i'A q4 µ s� t �zz4t s i�zt'�,kt ?�zis�ji}�.it i»t i4 ii alt{341 � t zit ii s � i � t its v 5 � x `"1 U- ff � Bicycle Patrol in CRA District— Community Interaction 125 m � 4 Garden Re-Locating Team at Poinciana Elementary £ I' Garden Re-Locating Team in Action '� 4 4t44 tr 11w i S 2 } pt\ Garden Re-Locating Team at Poinciana Elementary 126 S S t' sl� r +`41�)'�C{; � S i1 ( 1 � „,a.w«:,�r�l�tc';•=�+;� tl�i +w., 1�� }�}����' �i���' t�S .7'jv."`M ! �S7 1 ��`]��.�"'i➢��1 ���ttf 1)S lE l}' S`( It���t s7 tl11) Garden Re-Locating Team at Poinciana— Stopped to Play w/ some Children ..... . .:.. FEB.20. 1 Ti"I r,,,F�� 1 -5P Haslifilaw This will be a Drive-up event where a home-cooked meal will be served, and an opportunity will be presented for those seeking emotional or spiritual support. Venue Boynton Beach House of Kingdon~Worship 135 NE 7th AVE.-Boynton Beach,FL 33435 Drive UP—Community Day of Feeding & Healing 127 # , Cbn } 777 - � { Facebook"m Live—Recruitment Q&A at BBPD Dark Blue Watercolor Paint i {.lu:..9l� 9• R J H i�h r g f Boynto Beach Trans generational Trauma: From Slavery to Freedom (Virtual) 128 "HFALING HFART" by Global Artist,Rubern Roblerb k=.B Y. TUESDAY,MARCH ZND II -1R CITY HALL OUTDOOR PATIO AREA—GROUND LEVEL 104 E.Ocean Ave.,Soplon Beach,FL 33435 RSVP cequNed to RSUPgXuckerLewimam Healing Heart Art Unveiling at City Hall } wIBfT 4hATi3N {� 104: j s E®wmawss amoa��nnnmruwara' Boynton Beach Kinetic Art Exhibit 2021 129 Q 1 V Foundation,Inc present-5 'The Next Level"JI �wc 10.-00 AM to .-00 P � Lunch will be served / Location: lognlonlear�CityCa�oussio®C�amhets �100Dank BogdaaleadFL 33435 For questions please contacts USheil. wines 561.660.0237 or LaTeasa Dale 561.777.5816 CQ)]V c at+tt HARC U 1, The Next Level Entrepreneurship Workshop —hosted by Healthier Boynton Beach i � � y, �syv�Ivtl �s�t�1tv}vfit ' s +s y c5 r sts 13i1�� �t i I,Stip` � t�1 CRA District—Business Checks —Week 3 130 f- ,t� s CRA District—Business Checks —Week 3 ks Pathway to College Q&A at the Police Department 131 APPENDIX A 132 APPENDIX B 133 APPENDIX C 134 BOYNTON BEACH CALLS FOR SERVICE - 01/01/2021 TO 03/31/2021 Arson, Assaults, Auto Theft, Burglary, Homicide, Larceny, Rape, Robbery Reporting Areas Selected:301,305,306,302 For:All Days of the Week with No Time Restrictions,Excluding All Filtered Addresses LEGEND Call Types Total Calls Selected=53 Assaults--Agg Assault Cutting Instrument (3) Assaults--Agg Assault Firearm (4) Assaults--Agg Battery-domestic Violence (5) O Assaults--Simple Battery (8) 0 Assaults--Simple Battery-Domestic Viole ce (4) Auto Theft–Recov Veh Other Jurisdiction (2) Auto Theft–Stolen Vehicle (4) Burglary--Burglary Auto (5) Larceny--Shoplifting (2) 0 Larceny--Theft-Auto Accessories (4) O Larceny--Theft-Other (8) 0 Robbery--Robbery Other (1) O All Others (3) PalmePf0 Greens Llne Reporting t Areas1t NSt 13th Ae --Theft-Other{ on'PaYkN E12th Ave Theft-Auto Ac essoresr � �5 s4v 4z t? tf - i i it fl J�f� Vi A t� y its 17 tS� i 4' NE11th Ave�� s--Simple Batter -Dome PaYI(�'�'�fl ti } �YYYi11thAVe {a�� Int �l #yt 1 li,I 1¢ry£y11 pit tip r ) E Martln�Luther Ki Blvd F7,75 i s-t ,t 3 Sara Slurs Parkw''"ur,i Gt h -NW 9th Ave NE 9th Aye ,, ( 4 a i t ' ' NE�8th Ave, ' Auto Theft--Stolen Vehicle $r r S 1 NW 8th Ave n �,,, t 'il,� �►'► ����f��� ��„� � t ,z, M thSt NE 7 t NW71h Aver„ t�,,,.t , , , o ! r` �l_?�t� � iti' � �i s .)� £�� '4 ss� kl� i 1rx�£ ' ti fit£ \� IIs' s'1 „ £`( "1 r'� ��� ( � ` Larceny--Theft-Oth r N06th e NE6thxAve, �, �t AvZ t S51 (t i ti ti s r i fr i i ti le i sf 7 },y :her , , t t „ ms's s tl�� ;£ , �� �?,,r•r, �,,>�' v,�,«'�r,�; r �£;� :, Theft--Recov Veh Other Jurisc NW 4th'Ave SZ.�, yif + lrt t 4 ( 4 ��rs ti i ri �!1 �'A �£ g r � � �rti�b � � i >> 1 d Vii a t � 1� i r ASSBUIt Firearm t s+ y Auto Theft--Stolen Vehi le Z°� Academy Scale:1 inch=1,063 feet Map Produced on 04/06/2021 By Crimelnfo-Version 11 Crime Web Search Results Pagel of 3 Crime Web Search Results , Search Again Go To S,1 Statement Crime Web Search Results (Use Popup Window ❑) Incident& Date/Time Type/Offense Location Report# 21016594-1 03/31/2021 THEFT OTHER 223 NE 11TH AVE 02:02:07 21015719-1 03/26/2021 THEFT OTHER 336 NE 13TH AVE 12:39:25 21015287-1 03/24/2021 STOLEN VEHICLE/AUTO , 09:06:03 THEFT 905 N RAILROAD AVE 21014964-1 03/22/2021 THEFT OTHER - 16:35:20 336 NE 13TH AVE 21013712-1 03/15/2021THEFT OTHER 1030 NW 4TH ST 17:05:59 03/12/2021 G& C PAWN AND BUY-SELL 21013076-1 THEFT OTHER SHOP/ 109 E BOYNTON 09:34:05 BEACH BLVD 21012980-1 03/11/2021 STOLEN VEHICLE/AUTO 313 N RAILROAD AVE — 16:00:18 THEFT 21012784-1 03/10/2021 14:30:10 THEFT AUTO ACCESSORI 103 NW 13TH AVE — 03/08/2021 THEFT AUTO ACCESSORI EASTERN TOWING/417 NE 210.1..2360.-.1., 10:51:26 6TH AVE 2101181603/05/2021 BURGLARY AUTO 109 E BOYNTON BEACH -m.1, 00:09:45 BLVD 21011543-1 03/03/2021 AGGRAVATED ASSAULT CHERRY HILL MARKET/ - 15:41:57 FIREARM 1213 NW 4TH ST 21009544-1 02/20/2021 AGGRAVATED ASSAULT 422 NW 13TH AVE 16:05:44 FIREARM 21009262-1 02/19/2021 STOLEN VEHICLE/AUTO N SEACREST BLVD&NE - 09:57:20 THEFT 12TH AVE 21008982-1 02/17/2021 BURGLARY AUTO 101 NW 13TH AVE ....._ 15:46:12 02/13/2021 AGGRAVATED ASSAULT 210.08362-1 19:05:48 CUTTING 427 NW 7TH AVE 2.1008344-1 02/13/2021 AGGRAVATED ASSAULT 1030 NW 4TH ST 16:34:59 CUTTING 21008153-102/12/2021 THEFT OTHER NW 8TH AVE 13:37:02 http://webpartner9v/QED/Policepartner/common/crimeweb/search/srchresults jsp 4/6/2021 Crime Web Search Results Page 2 of 3 21008102-1 02/12/2021 08:30:30 BURGLARY AUTO 104 NE 7TH AVE#202 210071,692-111 02/10/2021 THEFT AUTO ACCESSORI 431 NW 11TH AVE 1 1 13:20:16 21.007470-1 02/09/2021 BURGLARY AUTO --- -------- 10:06:39 519 NW 8TH AVE 21007428-1 02/09/2021 STOLEN VEHICLE/AUTO E MARTIN LUTHER KING JR - ,00:36:43 THEFT BLVD &N SEACREST BLVD 21007215-1 02/07/2021 SEXUAL BATTERY 315 NW 10TH AVE 19:32:16 21007100-1 02/07/2021 AGGRAVATED ASSAULT 315 NW 10TH AVE --,- 03:28:49 CUTTING 21006774-1 02/05/2021 BURGLARY AUTO 128 NW 11TH AVE 17:55:22 01/31/2021 THROW DEADLY 408 E MARTIN LUTHER KING 21005728-1 MISSILE/SHOOT INTO 10:03:42 OCCUPIED DWELLING JR BLVD 21004878-1 01/26/2021 THEFT OTHER --l- I - - 15:40:18 106 NE 7TH AVE#303 21004238-1 01/22/2021 AGGRAVATED ASSAULT 1 11 -- 19:26:29 FIREARM 217 NE 13TH AVE 2100-3979-1 01/21/2021 THEFT AUTO ACCESSORI N SEACREST BLVD &NW - -- 12:06:55 3RD AVE 21003439-1 01/18/2021 THEFT OTHER - - 18:39:23 404 NE 10TH AVE#6 21002871-1 01/15/2021 THEFT AUTO ACCESSORI 330 NE 12TH AVE "- ",-,- 15:11:50 21002698-1 01/14/2021 BURGLARY AUTO 817 N RAILROAD AVE#A 11 - -- 18:57:34 211-100,2_427-11 01/13/2021 BURGLARY AUTO 501 NW 5TH ST 1 08:07:35 21002030-1 01/10/2021 THEFT OTHER -111,11,11-------111,11,11,11, 22:53:33 217 NW 7TH CT 21001925-1 01/10/2021 STOLEN VEHICLE/AUTO 11:39:45 THEFT 534 NW 10TH AVE 21001637-1 01/08/2021 THEFT OTHER 1000 N SEACREST BLVD 21:51:50 21001551-101/08/2021 AGGRAVATED ASSAULT 1018 NW 4TH ST 14:33:09 CUTTING 21004565-101/03/2021 THEFT OTHER 617 NE 1ST ST#13 16:11:27 SQL Statement Used in Search select distinct nbrincidents.agencyname, nbrincidents.incnum,nbrincidents.repnum, nbrincidents.dtreported,nbrincidents.repid,nbrincidents.repnaine,nbrcrimes.chgoffensedesc, http://webpartner9v/QED/policepartner/common/crimeweb/searcb/srchresultsjsp 4/6/2021 Crime Web Search Results Page 3 of 3 nbrnoncrimes.noncrimedesc, nbrincidents.stnum, nbrincidents.stnamel, nbrincidents.locgp from nbrincidents,nbrgeocodes,nbrcrimes, outer(nbrnoncrimes), nbrsetup where nbrincidents.agencyname=nbrgeocodes.agencyname and nbrincidents.incnum= nbrgeocodes.incnum and nbrgeocodes.repnum= 0 and nbrincidents.agencyname= nbrcrimes.agencyname and nbrincidents.incnum=nbrcrimes.incnum and nbrcrimes.repnum= 0 and nbrincidents.agencyname=nbrnoncrimes.agencyname and nbrincidents.incnum= nbrnoncrimes.incnum and nbrnoncrimes.repnum= 0 and nbrnoncrimes.noncrimedesc is not null and nbmoncrimes.noncrimenum=(select min(cc.noncrimenum) from nbrnoncrimes cc where nbrnoncrimes.agencyname=cc.agencyname and nbrnoncrimes.incnum= cc.incnum and nbrnoncrimes.repnum=cc.repnum) and nbrincidents.agencyname=nbrsetup.agencyname and (nbrincidents.repnum= 1) and((nbrincidents.dtreported between "2021-01-0100:00:00" and "2021-03-3123:59:59")) and(nbrgeocodes.maplayer like "REPORTIN%") and (nbrgeocodes.maparea like "301%" or nbrgeocodes.maparea like "302%" or nbrgeocodes.maparea like "305%" or nbrgeocodes.maparea like "306%") and(nbrcrimes.chgoffensecode like "ARM' or nbrcrimes.chgoffensecode like "AGAM' or nbrcrimes.chgoffensecode like "AGAD%" or nbrcrimes.chgoffensecode like "ALAE%" or nbrcrimes.chgoffensecode like "ADAM' or nbrcrimes.chgoffensecode like "AGAG%" or nbrcrimes.chgoffensecode like "AGAH%" or nbrcrimes.chgoffensecode like "AGDA%" or nbrcrimes.chgoffensecode like "ATAA%" or nbrcrimes.chgoffensecode like "ATAY%" or nbrcrimes.chgoffensecode like "BER%" or nbrcrimes.chgoffensecode like "LOTB%" or nbrcrimes.chgoffensecode like "LOTL%" or nbrcrimes.chgoffensecode like "HMA%" or nbrcrimes.chgoffensecode like "LOM' or nbrcrimes.chgoffensecode like "FOTA%" or nbrcrimes.chgoffensecode like "ROB%" or nbrcrimes.chgoffensecode like "SEXA%" or nbrcrimes.chgoffensecode like "TDM%") order by nbrincidents.agencyname, nbrincidents.incnum desc,nbrincidents.repnum, nbrincidents.dtreported, nbrcrimes.chgoffensedesc; rl Search Again Number of Reports Listed 37 http://webpartner9v/QED/policepartner/common/crimeweb/search/srchresults jsp 4/6/2021 * Segway of Central Florida 4 430 N Alexander St 1 Mount Dora, FL 32757 US (352)383-9900 ' `T infoCa segwayofcentralflorida S E G WA .com of Central Florida ,Tours,Sales•servic- http://www.segwayofcentralf •Corporate Rentals--'ry A lorida.com INVOICE BILL TO SHIP TO INVOICE# 18810 Sgt Henry Diehl Sgt Henry Diehl DATE 10/01/2020 Boynton Beach Police Boynton Beach Police DUE DATE 11/01/2020 Department Department 209 N Seacrest Blvd 209 N Seacrest Blvd Boynton Beach, FL 33435 Boynton Beach, FL 33435 USA USA SHIP VIA P.O. NUMBER SALES REP SERIAL NUMBER CUSTOMER PICK-UP Required dgh #1 - 152483000404—SE3 DESCRIPTION OTY RATAMOUNT NT Boynton Beach PD#1 - 152483000404—SE3 D 0 *******284 miles Unit received with:all tires low on pressure(<fi front flat), charge cord, battery charge OK, glove box very wet REASON FOR SERVICE: PM,CUSTOMER NOTES BRAKE ISSUES, WORN TIRES ................................. Diagnostics: -Front and rear tires noted to be in very good condition with 90%tread remaining. -Inflated tires, noted leak in front tire. Front wheel removed and examined. Blue fabric/material found wedged in between tire bead and rim. Likely result of tire striking an object with low PSI,wedging the material into the tire bead.Tire deflated, fabric removed and tire re-seated.Leak eliminated. -Brake pads and rotors in excellent condition. Build-up of brake dust causing some squealing and brake component cleaning solves noise issue. -Parking brake is slipping and will not hold vehicle in place when parked on a moderate include. Locking mechanism requires replacement. -Charger/battery tested with normal results. -Fault logs pulled, Data viewer--- no issues/faults (ALL BATTERY DATA READING ZEROS, MOTORS OK***** Fault log: recent-0X00000308, bit 8/9/3, Rt/Lt drive fault/low voltage warning,These are normal readings when unit is ridden with a depleted battery. -Clear sticky fluid noted on bib area above glove I DESCRIPTION CITY RATE AMOUNT compartment. Fluid is removed and reappears several days later. It is determined that this fluid is leaking from the LCD Information Screen.Screen is operational but shows evidence of deterioration. Replacement is suggested but not required. -Unit test ride after service shows normal operation. Diagnostic Fee-SE-3 1 250.00 250.00T Includes labor for diagnostics, repair and parts replacement. SE-3 Parking Brake Repair 1 35.00 35.00T Repair/Replace SE-3 Parking Brake Mechanism REQUIRED SE-3 UI Display 24088-00001 0 822.00 O.00T Segway SE-3 UI Display Unit 24674-00001 - SUGGESTED ....................... DECLINED BY CUSTOMER 02/19/21 "Changing Your World,One Segway at a Time" SUBTOTAL 285.00 TAX(0%) 0.00 TOTAL 285.00 "Segway equipment and accessories are not sold for export outside of PAYMENT 285.00BALANCE DUE the USA" $0.00 Segway of Central Florida 430 N Alexander St ` } 4 Mount Dora, FL 32757 US (352)383-9900 " infoCc-osegwayofcentralflorida .com of Central Florida ://www.se wa ofeentralf •r01f�-�l� N' � httr p g Y -Corporate Rentals-" ; lorida.corn INVOICE BILL TO SHIP TO INVOICE# 18811 Sgt Henry Diehl Sgt Henry Diehl DATE 10/01/2020 Boynton Beach Police Boynton Beach Police DUE DATE 11/01/2020 Department Department 209 N Seacrest Blvd 209 N Seacrest Blvd Boynton Beach, FL 33435 Boynton Beach, FL 33435 USA USA SHIP VIA P.O. NUMBER SALES REP SERIAL NUMBER customer pick-up Required dgh #2- 152433000385-SE3 DESCRIPTION � RATE AMOUNT Boynton Beach PD#2- 152433000385-SE3 DATE: 7.23.20 *******398 miles Unit received with: all tires low on pressure (<6 p no charge cord, battery charge OK, glove box very wet REASON FOR SERVICE: PM, CUSTOMER NOTES BRAKE ISSUES, WORN TIRES ................................. Diagnostics: -Front and rear tires noted to be in very good condition with 90%tread remaining. -Inflated tires to required PSI (21 front, 24 rear). -Brake pads and rotors in excellent condition. -Build-up of brake dust is noted and causing squealing. Brake component cleaning solves noise issue. -Charger/battery tested with normal results. -Fault logs pulled, Data viewer--- no issues/faults ALL BATTERY DATA READING ZEROS, MOTORS OK***** Fault log: Recent-0X00020040, bit 6/17-high batt temp warning**, rider detect mismatch***, F(0)-0X00020040, bit 6/17, F(1-2)-0X00000308, bit 8/9/3-Rt/Lt drive fault/low voltage warning*, F(3)-0X00020000,bit 17-rider detect mismatch*** These are normal readings when unit is ridden with a depleted battery*or battery becomes hot when operated for long period during high ambient temps`*. Rider detect faults***can occur when a rider has one foot on the mat and one foot on the ground or has weigh or foot position placed unevenly on the riding platform. DESCRIPTION OTY RATE AMOUNT NT -Identical to unit#1, a clear sticky fluid is noted on bib panel area above glove compartment. Fluid is removed and reappears several days later. It is determined that this fluid is leaking from the LCD Information Screen. Screen is operational but shows evidence of deterioration. Replacement is suggested but not required. -Unit test ride after service shows normal operation. Diagnostic Fee-SE-3 1 250.00 250.00T Includes labor for diagnostics, repair and parts replacement. SE-3 UI Display 24086-00001 0 822.00 O.00T Segway SE-3 Ul Display Unit 24674-00001 - SUGGESTED ....................... DECLINED BY CUSTOMER 02/19/21 "Changing Your World,One Segway at a Time" SUBTOTAL 250.00 TAX(O%4) 0.00 TOTAL 250.00 "Segway equipment and accessories are not sold for export outside of PAYMENT 250.00BALANCE DUE the USA" $0.00 Actual FY 2021 Budget Category Quantity Cost per Unit Cost per Unit Notes Officer Salary&Incentive(Paramore) 1 $ 92,562.00 $ 92,562.00 Salary,Education Incentive Officer Benefits-Pension 1 $ 41,567.00 $ 41,567.00 Pension Officer Benefits 1 $ 16,542.00 $ 16,542.00 Healthcare,Dental,Vision,FICA Officer Salary&Incentive(J Rivera) 1 $ 71,516.00 $ 71,516.00 Salary,Education Incentive Officer Benefits-Pension 1 $ 32,116.00 $ 32,116.00 Pension Officer Benefits 1 $ 14,932.00 $ 14,932.00 Healthcare,Dental,Vision,FICA Officer Salary&Incentive(NEW) 1 $ 59,240.00 $ 59,240.00 Salary,Education Incentive(AVG) Officer Benefits-Pension (NEW) 1 $ 28,050.00 $ 28,050.00 Pension (AVG) Officer Benefits(NEW) 1 $ 13,993.00 $ 13,993.00 Healthcare,Dental,Vision,FICA(AVG) (Civilian)Salary&Incentive Community 1 $ 34,320.00 $ 34,320.00 Salary,Education Incentive(AVG) Service Officer(NEW) (Civilian)Benefits-Pension (NEW) 1 $ 15,412.00 i $ 15,412.00 Pension (AVG) (Civilian)Benefits(NEW) 1 $ 13,500.00 $ 13,500.00 Healthcare,Dental,Vision,FICA(AVG) Total Personnel Costs $ 433,750.00 0 $ Bike(Replacement) 1 $ 1,300.00 $ 1,300.00 Bike replacement Bike Maintenance 1 $ 1'000.00 $ 1,000.00 Tires,Tubes,Seat,Lights Uniform 4 $ 500.00 $ 2,000.00 uniforms,belts Misc.Equipment-As needed 1 $ 2,500.00 $ 2,500.00 Community Events/Promotions 1 $ 4,000.00 $ 4,000.00 Youth Programs Vehicle Prefunding 4 $ 6,669.52 $ 26,678.08 FY 21 Interceptors Vehicle Maintenance 4 $ 3,500.00 $ 14,000.00 Fuel,maintenance GEM Polaris E2 Vehicle 1 $ 10,249.00 $ 10,249.00 Electric specialty vehicle Segway(Maintenance) 3 $ 1,000.00 $ 3,000.00 Battery Replacement ITotal Equipment Costs $ 64,727.08 Cell Phones Service Plan 4 $ 675.00 $ 2,700.00 $56.25/mo for staff Office Supplies/Misc Supplies 1 $ 2,000.00 $ 2,000.00 Office Supplies(includes printer/copier) Office Electric,Cable/Internet, 12 $ 515.00 $ 6,180.00 Monthly operating costs water/sewage Office Space Monthly Maintenance 12 $ 650.00 $ 7,800.00 Monthly Maint.Ocean Palm Plaza Office Cleaning 1 $ 1,500.00 $ 1,500.00 City Cleaning Crew(Gail) Computer equipment 4 $ 500.00 $ 2,000.00 Misc,Cameras Training 4 $ 2,000.00 $ 8,000.00 CPTED,CSO academy Total Office Expenses 30,180.00 ILA Amount for FY 20-21 $ 528,657.08 NOTE:All amounts provided by Police Department with exception of Contingency and ILA amount for FY 2021 Revised by CRA to include promotional/marketing materials and additional equipment. 1 I, AGENCYB E AC H C R A COMMUNITY REDEVELOPMENT CRA BOARD MEETING OF: June 8, 2021 CRA PROJECTS IN PROGRESS AGENDAITEM: 13.C. SUBJECT: CRA Economic & Business Development Grant Program Update SUMMARY: The CRA's reimbursable Economic Development Grants provide 50% of the project costs in matching funding for rent and commercial property improvements. The grant programs continue to further the CRA's mission to activate vacant commercial space, assist businesses, create jobs and develop a vibrant downtown. Grant guidelines and applications can be downloaded from the CRA website www.boyntonbeachcra.com. Below is a status report of the CRA's Economic Development Grant Programs and Business Development activities for FY 2020-2021: FY 2020-2021 Budget $402,113 March 9, 2021 Funding Reallocation $ 95,792 April 13, 2021 Funding Reallocation $150,000 Grants Awarded since October 1, 2020 ($555,993) Remaining Fund Balance as of 5/7/21: $91,912 List of CRA Board approved Economic Development Program Grantees since October 1, 2020: �� 1 � ...... r v r H. Longo Insurance 500 Gulfstream Professional Rent Associates, Inc. dba Boulevard Office Reimbursement $11,568 $5,784 Allstate Boardwalk Italian Ice 209 N. Federal Ice Cream Property $9,269 $8,635.73 & Creamery, LLC Highway Shop Improvement Saikrupa 1900, LLC 1900 N. Federal Motel Property $3,837.41 $3,837.41 dba Inlet Inn Motel Highway I mprovement Oak Mt. LLC dba 906 S. Federal Medical Rent ApexNetwork Highway Office Reimbursement $155000 $7,500 Physical Therapy N&D Cafes, LLC dba Rent Tropical Smoothie 512 E. Woolbright Restaurant Reimbursement $71,000 $60,500 Cafe Road Property I mprovement Boynton Beach 1102 N. Federal Professional Property Office Condominium, Highway Office I mprovement $50,000 $0 LLC Tokio, Inc. 307 E. Woolbright Restaurant Rent $15,000 $4,532 Road Reimbursement Premier Medical 326 W. Boynton Medical Rent Center of Boynton Beach Boulevard Office Reimbursement $11,400 $2,850 Beach, LLC Raj Properties, Inc. 109 E. Boynton Commercial Property $23,057.67 $0 Beach Boulevard Plaza I mprovement AMS Acquisitions, 517 NE 5th Commercial Property LLC Avenue Building Improvements $21,205.80 $10,602.90 Loufranco 609 N. Federal Commercial Property Management Corp Highway Building I mprovement $8,930.40 $3,720.75 Rent Appliance King of 622 N. Federal Reimbursement Retail $15,000 $0 America, Inc. Highway Property I mprovement Yellowbeard, I nc. 1022 N. Federal Fish Market Property $50,000 $0 Highway I mprovement Boynton Beach 1022 N. Federal Rent Seafood Company, Highway Fish Market Reimbursement $21,000 $0 LLC Bud's Ventures, Inc. 509 E. Boynton Property dba Bud's Chicken & Beach Boulevard Restaurant Improvement $50,000 $0 Seafood Boardwalk Italian Ice 209 N. Federal Ice Cream Property $1,569 $1,569 & Creamery, LLC Highway Shop Improvement Rent ManCave for Men 1513 S. Federal Barber Reimbursement $39,748 $0 Boynton Beach, LLC Highway Shop Property I mprovement 409 E A, LLC 409 N. Railroad Industrial Property $25,000 $0 Avenue Property I mprovement 410 E. Boynton Rent Aurora's Mexican Beach Boulevard, Restaurant Reimbursement $30,333.23 $0 Kitchen, I nc. Unit C Property I mprovement Patterson Plaza, 1815 S. Federal Commercial Property $17,535.98 $0 LLC Highway Property Improvement Rent Al MS Marketing 1600 N. Federal Professional Reimbursement Systems, I nc. Highway, Unit 12 Office Property $25,431.90 $1,085 I mprovement Pending June 8, 2021 Approval Shade Tree Music 410 W. Industrial Music Rent $6,900 $0 Studio LLC Avenue, Unit 1 Studio Reimbursement Art-Sea Living, Inc. 412 E. Ocean Art Studio Rent $6,150 $0 Avenue, Unit 1 Reimbursement Go French Concept 410 E. Boynton Rent LLC dba Le Petit Beach Boulevard, Bakery Reimbursement $15,450 $0 Pain Unit A&B S. Solloway 1200 S. Federal Medical Property $11,500 $0 Acupuncture, P.A. Highway, Unit 202 Office I mprovement New Business Tax Receipts issued in May 2021 within the CRA boundaries: Nam ` arh Addre fi �' 'Tp . FISCAL IMPACT: FY 2020 -2021 Budget, Project Fund, Line Item 02-58400-444, $402,113. March 9, 2021 Reallocation: $95,792 April 13, 21 Reallocation: $150,000 CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action needed at this time unless otherwise determined by the Board. 1 I, B E AC H C R A COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: June 8, 2021 CRA PROJECTS IN PROGRESS AGENDAITEM: 13.D. SUBJECT: Marketing, Business Promotions, and Social Media Update SUMMARY: SOCIAL MEDIA INITIATIVES The BBCRA social media platforms were utilized to promote local business offerings and provide updates about BBCRA initiatives and the upcoming business promotional events that will take place throughout the BBCRA area during the summer. Additionally, a variety of posts were shared to promote local businesses, featured businesses included: Del Sol Bakery, Hurricane Alley, and Marina Cafe. See Attachment I I for a full listing of the Facebook posts that were published in May. PRINT MARKETING Coastal Angler Magazine — In May, a quarter-page ad was published to encourage booking a fishing charter for Memorial Day. The Coastal Angler Magazine is a resource for anglers, boaters, and conservationists and is the second largest free outdoor publication in the nation with 40,000 circulations per month in Palm Beach, Broward, Dade, and Monroe counties (see Attachment 111). Cost: $225 Florida Sport Fishing - In May, a quarter-page ad was published to promote the commercial dockage availability at the Boynton Harbor Marina. Florida Sport Fishing is a multimedia resource for fishing and boating. The bi-monthly magazine connects fishing and boating related businesses with millions of residents and visiting anglers looking to enjoy natural resources in Florida. Cost: $737 Funfare Magazine - In May, a full-page ad was published to promote the commercial diving, fishing, boating, jet ski, and parasailing charters that operate out of the Boynton Harbor Marina. The Funfare magazine is a quarterly publication that is produced by the City of Boynton Beach Parks & Recreation department. Cost: $0 Gateway Gazette -A full-page ad was published in the in May to encourage residents to shop in Downtown Boynton Beach for Mother's Day. The ad featured twelve (12) businesses located within the BBCRA area: The Blossom Shoppe, Boynton Beach Florist, The Sol Oasis, Link Custom Jewelry, Scheurer's Chocolate, Mak Lash & Beauty, Penn Nails & Spa, Alchemy Salon, Tropical Troy Inc., E&C Beauty Salon Experience, ArtSea Living Studio, and Shearology Salon. The Gateway Gazette is a publication of the Sun Sentinel that is serves the communities in Boynton Beach, Lantana, Hypoluxo, South Palm Beach, Manalapan, Ocean Ridge, Atlantis, and Briny Breezes. Cost: $452 BUSINESS PROMOTIONAL EVENTS ROCK THE BLOCK • On Saturday, June 12, 2021, the BBCRA will host Rock the Block in Downtown Boynton Beach at Dewey Park (100 NE 4th Street) and along E. Ocean Avenue between NE 31d Street and Federal Highway. • Parking will be available in the three parking lots located off of NE 4th Street between Boynton Beach Boulevard and E. Ocean Avenue, as well as the City Hall parking lots located off of NE 1 st Street between E. Ocean Avenue and Boynton Beach Boulevard. • The free event, which will take place from 5:00 p.m. to 9:00 p.m., will spotlight the downtown businesses: Hurricane Alley, 500 Ocean Cafe, Guaca Go, Pio Pio, E&C Beauty Salon Experience, The Butcher & The Bar, East Ocean Cafe, ArtSea Living, and The Sol Oasis Healing Arts Studio & Spa. In addition, the following BBCRA area businesses will be exhibiting at the event: The Boardwalk Italian Ice & Creamery, Dr. Archacki, D.D.S, P.A., Property Damage Consultants, and Your CBD Store. • The event will feature live music from the band The Flyers, family-friendly activities, and special Boynton Beach Buck offers for many of the participating businesses. • To maximize exposure for the businesses, BBCRA staff has utilized a variety of print and digital marketing and advertising to promote the event. Additionally, all participating businesses received branded social media kits to assist with cross promoting the event. ROCK THE MARINA& LIONFISH DERBY EVENT DETAILS • On Saturday, June 26, 2021, the BBCRAwill hostthe Rockthe Marina & Lionfish Derby. • The free event will take place from 2:00 p.m. to 6:00 p.m. at the Boynton Harbor Marina, which is located at 735 Casa Loma Blvd. • There will be parking available inside of the Marina Village parking garage. Additional parking areas TBD. • The event will feature live music from Spider Cherry and Vibes Farm. • Event patrons are encouraged to visit the restaurants located at the Marina, as outside food vendors will not be present. Two Georges will have a tent set-up at the rear of their business to sell food and beverages. • Local non-profits will be onsite to share information about lionfish, marine conservation, and the various sustainability efforts that are taking place throughout the county. LIONFISH DERBY DETAILS • All certified divers are invited to participate in the Lionfish Derby. • The one-day derby will take place on June 26th between the hours of 9:00 a.m. and 1:00 p.m. • The registration fee is $75 per person and includes breakfast from Marina Cafe and a 2- tank dive on one of the participating • Dive charters: Loggerhead Dive Charters, Splashdown Divers, or Starfish Scuba. • Participants must register in 2-person teams. • Collectively the three dive charters can accommodate 36 divers, so space is limited and will be offered on a first come first serve basis only. • Prizes will be awarded in the following categories: Most fish, largest fish, and smallest fish. • Interested parties can download the registration form at boyntonbeachcra.com or contact the Boynton Beach Dive Center at (561) 732-8590. Due to the time constraints, there will be no rain dates for these events. FISCAL IMPACT: FY 2020- 2021 Budget, Project Fund, Line Item 02-58400-445, Marketing $452; General Fund, Line Item 01-57400-216, Marina Marketing $962. CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action required unless otherwise determined by the CRA Board. ATTACHMENTS: Description D Attachment I -Marketing, Business Promotions, and Social Media Overview D Attachment II - May Facebook Posts D Attachment III - Print Marketing C'3 C/) z C) wp Y � � O baLU C/) a WZ � 2 am U p OZ U) Q Q Cn 0 W W � Q J � az U - O cn LLI ----------- Sp 811 0 uj 4L 1p, ZI go, PIO .0 O �rh Ilp CE LLI a 0 o �. uj � e T R Ut 3:ls � g 'n 2, Eo n ID 4E A Al U) 5 0 CO) LLI -0 RO o LLI B o m z, 1 Z � t P W r r i 7t1 r (' +w x �01 �^, ri ry� Lu U /# ME rol LLO o U0 . W i LnLn ORO w L. r au UU ��O z ` ? i z Z F LLI a— Hal A.Q --}� Ira AlaEA Ell �a �vm aN p Ra 0 Q . 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Gateway Gazette "re N ' �k „ ! k� }u ;i# S}fEt�, '* iA r,H''k I `NMI�,Sr�,ll a IT � w V ` The lossoin-Shoppe link Custoin Jew-eiry Penn Nails,-: Spa Elk-C's Eeaa,b 'S a,loa 4o2 E.Ocean Ave. 64o E.Ocean,Ave.#2 644 E.Ocean,Ave.#a7 510 E.Ocean.Ave #xo2 561.7392.37222 754.234.5340 56a.5,72.2282 561.,292.3677 64o E.Ocean Ave.#3 64o E.Ocean.Ave.#io 64o E.Ocean Ave.#5 41.2 E.Ocean Ave.#i 561,.736-8378 561.649-44122 561.132.8,17 561 7.2600 The Sol Oasis Mak Lash&,-BeBauh, 'Y'rojile al rov ftw. Shearology Sidon V8 E.Ocean.Ave.. &B E.Ocean Ave- 640 E.OceanAve.#7 ioo N.E.6th 5t.#103 561.336.io67 561.777.7"23 562..628.3292 56L732.263 1 I, B E AC H C R A COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: June 8, 2021 OLD BUSINESS AGENDAITEM: 15.A. SUBJECT: Discussion and Consideration of Lease Terms with C Life C Food, Inc. for the CRA-owned Property located at 401-407 E. Boynton Beach Boulevard SUMMARY: At the regular meeting of the CRA Board held on April 13, 2021, the Board reviewed five Letters of Intent (LOI) to lease the property located at 401-407 E. Boynton Beach Boulevard and selected the proposal from Mr. Tim Collins, C Life C Food, Inc. CRA staff was directed to begin discussion Mr. Collins on the terms and conditions to be included in a Commercial Lease Agreement for the property (see Attachment I & I I). After the April 13, 2021 Board meeting, Mr. Collins met with City Staff on April 20, 2021 regarding his proposed conceptual site plan (see Attachment I I I). CRA staff and legal counsel prepared a draft Commercial Lease Agreement incorporating the terms proposed by Mr. Collins with consideration given to certain conditions provided to the CRA as the landlord. CRA staff and legal counsel provided their responses to Mr. Collins where possible and within the limits of their authority and the remainder of the items and terms expressed by Mr. Collins were negotiated between the CRA Board and Mr. Collins at their May 11, 2021 meeting (see Attachment IV). Based on those negotiations, CRA staff and legal counsel made the necessary revisions to the draft Commercial Lease Agreement and returned the document to Mr. Collins for his review and comment (see Attachment V). The CRA Board also directed Mr. Collins to provide a detailed scope of work to convert the building to his desired use meeting all of the requirements under applicable the City building codes and regulations. As of the date of the Board agenda packet release date of June 4, 2021, Mr. Collins provided some of this requested information via email (see Attachment VI). CRA staff would not recommend that the Board enter into the lease agreement of this nature without a clearly defined scope of work and cost breakdown, detailed City permit requirements and plan pre-approvals. Background: The CRA went under contract to purchase the 401-411 E. Boynton Beach Boulevard property in July 2020 for the price of$917,000 with a closing date of February 26, 2021. At their March 9, 2021 meeting, the CRA Board reviewed the LOI submitted by Mr. Collins and voted to issue a thirty (30) day Public Notice of Disposal for Lease. During the Public Notice of Disposal for Lease period and prior to the closing of the CRA Board's April 13, 2021 meeting agenda, the CRA received four (4) additional LOls from various interested parties. CRA staff has provided the Board with a breakdown of the LOls received as of April 9, 2021, the publication of the agenda item (see Attachment VI 1). FISCAL IMPACT: To be determined by the CRA Board and the terms of the final lease agreement. CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach CRA Community Redevelopment Plan CRA BOARD OPTIONS: 1. Approval of the revised draft Commercial Lease Agreement as presented between C Life C Food, I nc. for the CRA owned property located at 401-407 E. Boynton Beach Boulevard. 2. Further amend and approve the revised draft Commercial Lease Agreement as amended between C Life C Food, Inc. for the CRA owned property located at 401-407 E. Boynton Beach Boulevard. 3. Do not approve the draft Commercial Lease Agreement as presented or amended between C Life C Food, Inc. for the CRA owned property located at 401-407 E. Boynton Beach Boulevard. ATTACHMENTS: Description D Attachment I - Property Location Map D Attachment II - Letter of Intent submitted by Tim Collins D Attachment III - Preliminary Conceptual Site Plan D Attachment IV - Board Meeting Minutes, May 11, 2021 D Attachment V - Revised Draft Commercial Lease Agreement D Attachment VI -June 4, 2021 Tim Collins Email D Attachment VII -Summary of Letters of Intent Submitted t. k � i s ill `1 reSi i hli' r IT 014 i it lk S�n'�ie � I � "�\}{�ytis r� nt� )S '�� yk V `,•.� � '; 4 T� r # L s IrOT V, TON BE 561-375-8363 March 5th, 2021 Mr. Michael Simon, Executive Director Boynton Beach Community Redevelopment Agency 100 East Ocean Avenue, 4th Floor Boynton Beach, FL 33435 Amended Letter of Intent:To Lease the Property located at 402 E Boynton Beach Blvd, Boynton Beach, Florida33435 Dear Mr. Simon, The Fish Depot Seafood Market, previously located at 1022 N. Federal Highway wishes to amend this Letter of Intent to enter into Lease Negotiations with the CRA and/or City of Boynton Beach for the Property located at 401 East Boynton Beach Blvd. in Boynton Beach, FL 33435 that was submitted on March 2nd, 2021. We propose to open a new Fish Market as soon as possible in this location as we have moved out of the old location.The intention is to create a new look concept from what we were previously offering in the old building. That building has serious issues that prevented us from fully realizing the potential of the business. We will have more offerings and bring a vibrant new business to This location from what it has been for many years. We are offering$2500 per month in rent set up in an Annual Month to Month Lease structure. We are requesting 10 renewal options if the property is not being Developed as so many of these "Future Projects" have sat vacant in Boynton Beach for years and decades even.The renewal options will be worded in both parties best interests in that we can stay as long as we want if the property is not being developed and the City is not hindered by a burdensome long term lease situation that would interfere with the future development. The Terms we are requesting will include a 120 day notice to vacate in the event a developer receives approval to break ground on a new development. We in no way want to stand in the way of Boynton Beaches expansion. We do request a relocation stipend if the vacate option is exercised in the first 4 years. We can negotiate this when finalizing the terms of the Lease Agreement. IrOT V, TON BE 561-375-8363 We will also want to be eligible and approved for all applicable grants in opening this new location. Additionally,we request a 120-day rent abatement in order to get the business open and in full operation. This includes, but not limited to all required licensing and approvals. We will submit a deposit upon approval of these terms and the balance of the First& Last month's rent upon execution. In the event we cannot meet the City's approval requirements, we request a full reimbursement of the funds paid in executing the lease within 10 days. There is a Time is of the Essence here and we intend to move quickly to be open as soon as possible. We have a great following and do no wish to lose our client base to competitors by being closed too long. I would like this LOI to be entered in the Agenda for the March 91h Meeting in the event that the 30-day period for disposal of city owned property begins now or at that meeting. I have included all of the CRA board members in this email so that everyone is notified of our intentions to lease that property in the interim period until a developer secures approval and work commencement orders to develop the property. If you have any questions, please feel free to reach out to me directly. Sincerely, Tim Collins The Fish Depot (954)415-4825 R,r OT tea. 0' TON BE M m 561-375-8363 F1 KDEP TEAT&CO March 2nd, 2021 Mr. Michael Simon, Executive Director Boynton Beach Community Redevelopment Agency 100 East Ocean Avenue, 4" Floor Boynton Beach, FL 33435 Letter of Intent:To Lease the Property located at 402 E Boynton Beach Blvd, Boynton Beach, Florida33435 Dear Mr. Simon, The Fish Depot Seafood Market, previously located at 1022 N. Federal Highway wishes to enter into Lease Negotiations with the CRA and/or City of Boynton Beach for the Property located at 401 East Boynton Beach Blvd. in Boynton Beach, FL 33435. In previous CRA Board meetings it was clear that the CRA/City was waiting for "hold over tenants' to vacate certain properties included in the City's purchase agreement. I have witnessed the tenants clearing out the adjoining commercial spaces which was stated as the hold up in the CRA/City in being able to close on the purchase of the property. I would like this LOI to be entered in the Agenda for the March 91h Meeting in the event that the 30-day period for disposal of city owned property begins now or at that meeting. I have included all of the CRA board members in this email so that everyone is notified of our intentions to lease that property in the interim period until a developer secures approval and work commencement orders to develop the property. If you have any questions please feel free to reach out to me directly. Sincerely, Tim Collins The Fish Depot (954)415-4825 Drat Prefimun ry&te Man as Presented to duty staff on AprH 20,2021 EXISTING N 10'ALLE7' V in PLANTER I O 4 PLANTER N EXISTING O� COVERED AREA 107 N 23'.'X 1Ed0" O EXISTING EXISTING O STORAGE#3 RELIEVE AREA �f N106 104 2M'X9'.° i2-7",024 N I EXISTING 7O W STORAGE#2 Z O� 105 20'.•X9'.• Nd 40S 4 411 E.BOYNTON R s�rRoo O BEACH BLVD, p- � ONE STORY EXISTING GBS.BIIILDINCA 1401 401 E-BOYNTONSTORAGE #1 -0 18'-6" 26'-51/2" FFE=1294' BEACH BLVD., 1oz O AREA=3,68180.1`7. � s e ONE STORY °" GBS.BUILDING 1401 ME,129' AREA 2,018 6RO55 5F. EXISTING SERV COUNEXISTING . 10 (DO� SALES AREA 10'60134" o N 100 C)I ml UUU" ~I o PLANTER U OI CJS PLANTER 3 6 EXI5TING SIDEWALK ml LLI BOYNTON BEACH BLVD. NORTH a t �R FISH DEPOT PRE LJMINARY -NEW LOCATION-BUILDING RENOVATION- z1.ms SITE PLAN L.1- M STEVEN E.MYOTT CHECKED EY F, 'a T t I ' r. c' o DATE ssUEOFOR N1 4.212021 PRELIMINNRV REVIE SPA 'f 401 E.BOYNTON BEACH BLVD., r1 e N ,_ �_^"`� BOYNTON BEACH,FLORIDA 33435 ^' '. SCALE.1116"=1'-0" Meeting Minutes Community Redevelopment Advisory Board Boynton Beach, Florida May 11, 2021 Mr. Simon advised they had two successful meetings with Franck Gotsman of Azure and the team on April 22nd. They met with the City's Planning and Development Staff on April 29 and Azure made some adjustments staff wanted them to explore. Azure is excited to get started. The property will be re-platted into future lots and the project, instead of being an infill housing project, will use a simple streamlined process. The replat, subdividing and roadways are the first step, which will add another two or three months to the regular site plan process, but it is necessary. They will have revisions and a partner willing to work with the CRA. Staff will have the Purchase and Development Agreement ready for the June meeting with key terms, and they will have revisions be presented and become part of that Development Agreement. Chair Grant wants to explore changes to the Comprehensive Plan that need to be made so the project is the best it can be. He noted the townhome vehicles cannot back out of the garage onto the road, and if the CRA can say they think the City should make certain changes to the LDR's to get the best project for infill single-family homes, they could. It was noted the Palm Beach County Housing Authority is auctioning its properties. Board Member Katz had no objection inquiring with the City, it is something he thought could be worked on. Vice Chair Penserga asked if the concern was the process would be so cumbersome the project would become financially unfeasible. Chair Grant commented it was a concern, as the CRA would have to spend funds for the developer to make it financially feasible. Vice Chair Penserga asked what the plan to finance the project was, about the contingency for financing so the project can be completed and what the process is in verifying the items. He noted the bank was a foreign bank. Chair Grant thought they should move forward with the design first, then the financing. They can set dates regarding the financing and the CRA's recourse. B. Discussion and Consideration of Lease Terms with C Life C Food, Inc. for the CRA-owned Property located at 401-407 E. Boynton Beach Boulevard REVISED Mr. Simon brought this item back to the Board and reviewed Mr. Collins' Letter of Intent was selected and they discussed the proposal. Attachment two contained the requirements and staff developed a draft lease agreement, which was presented to Mr. Collins in attachment three. Attachment four had questions and concerns. Mr. Collins had met with the City and his architect. Staff was not present, but there were some items Mr. Collins and his architect will have to address. Mr. Collins noted item 2B regarding the 5% annual increase. The original intention was to be as temporary as possible for the City and to work together so when a bigger opportunity comes along, Mr. Collins could vacate the premises quickly. After brief discussion, it was decided a 2% annual increase was appropriate Mr. Collins explained the rent was a total rent plus sales taxes. The lease would be a triple month lease which means he is responsible for the property taxes and insurance on the building, which could be $2K a month. He was unsure the CRA pays taxes on 7 Meeting Minutes Community Redevelopment Advisory Board Boynton Beach, Florida May 11, 2021 the property. Mr. Simon explained with a commercial lease, the CRA is no longer protected by the designation and the property is looked at as a commercial property and the Property Appraiser assesses it accordingly. Discussion followed that Mr. Collins was not renting all four properties. The taxes on the 401 property was $4,800 a year and $2,784 for the lot between the buildings, which was about $632 a month in taxes. He did not anticipate the terms of the lease would be so expensive they would increase the value for the lease. Chair Grant recommended setting the amount at $500 a month. Mr. Collins favored a flat rate amount. Chair Grant did not think the CRA would lose money by renting the property. The point is to set the lease for at least the first year for a fixed cost not variable. Mr. Simon explained now that they know the lease is not a triple-net lease, the $500 is $132 short of the existing taxes. It was explained the difference would come from the rent and the CRA would not profit $2,500 a month. Board Member Katz had no problem with setting a fixed amount for one year, and a percentage rate the following years. They do not know the property taxes for 2021. It was noted the Property Appraiser is limited to increasing the assessed rate each year to 10% each year. Attorney Rossmell repeated for the first year, the lease would not be a triple net lease, just a capped rate normal lease, but beginning the second year, the lease would convert to an ordinary triple net lease. That number would be added on top of the rent. Mr. Collins asked if then moving forward, that number would be added on top of the rent and learned it would. Mr. Collins advised he could work with that. Chair Grant commented the amount will be spelled out what the monthly rent would be and be all inclusive. Mr. Simon indicated Mr. Collins was interested in discussing the grants available to eligible commercial businesses, which includes half of the rent for the first 18 months of a multi-year lease. It was not agreed to, not proposed, and Mr. Simon asked if they will reduce the first years rent by half. Mr. Collins was ok waiving that for the first year. The new offer did not include commercial grant rent reimbursement. Chair Grant asked if they want to allow up to $50K of commercial grants to the building. Vice Chair Penserga thought the purpose of the building was only to be a temporary home. He did not think it was in the best interest of the CRA. Mr. Collins thought they may not need the interior renovation grant because the building is solid cement. The only question is the front glass. He was fine with that, but he liked the exterior paint and sign assistance. Chair Grant explained they combined the exterior and interior grants. Mr. Collins noted they will have to address the parking lot, which was about $150K Ms. Shutt mentioned the parking lot is about $100K for just the paving and dealing with existing conditions. Because of Mr. Collins' change in use, it resulted in everything being reviewed differently and for safer ingress/egress out of a major arterial road. If the property, except for the 401 property, was demolished, staff would explore a pop-up business in the area and the property could be sodded, accommodate a food truck, or 8 Meeting Minutes Community Redevelopment Advisory Board Boynton Beach, Florida May 11, 2021 have an art show. Staff has not had the opportunity to discuss those uses with the City, but the intent is to re-sod the property. Mr. Collins explained the building is 2,062, square feet and by Code 11 parking spaces are required. If the CRA wants to use that building in the future, they have to decide how much they want to spend. The laundromat has a long-term lease for seven years. The CRA, as a landlord, has to determine how to rent out the space with the parking associated with it and determine the costs. They may have to wait for next year's financing. Mr. Collins pointed out that as a temporary tenant, there is very little chance he will recoup the money they will have to invest in a parking lot in years one, two or three and still be in the black. Mr. Simon explained the CRA Board did not issue an RFP or put up a sign to rent the building. They received unsolicited interest for various potential uses, some of what are the existing use which would not require some of the things that a change of use, which is being proposed, requires. There are other factors in play. Someone will have to build a parking lot and make many upgrades, but it was not what the CRA proposed. Someone was interested in the building that turned into five people wanting the property. The Board is not in a position to solicit someone and would provide amenities. There were no presupposed circumstances or financial assistance that he offered the public to take advantage of and he made no stipulation to anyone that said the CRA would provide items. Board Member Katz thought it raised concerns about changing the use. He agreed it should not be the tenant's responsibility to bring the building up to Code and build a parking lot. If the CRA plans to tear down the building in a year or two, he asked if it was worth spending the money. Board Member Hay asked about the parking and the cost for parking for the entire complex. Chair Grant noted one use was for equipment rental which would not require a change of use. Mr. Collins heard at the planning meeting that when a business moves out and no longer exists, the new codes are in place. Chair Grant commented the CRA after spending $900K to purchase the property has to decide what the best use for the CRA District is. They have to decide if they should sod it and land bank the property or decide if it will be five years before a developer comes in to develop the entire block. He thought it would be at least five years before property owners would decide to sell and the CRA needs to decide this issue. Mr. Collins explained the exterior does not need help, but the parking lot does. Landscaping requirements are also considered exterior improvements. Someone should provide that information before the CRA decides what to do. Vice Chair Penserga thought the sticking point is the parking lot. Mr. Collins noted the lot could have a food truck or other pop up events, but even if he used all the parking 9 Meeting Minutes Community Redevelopment Advisory Board Boynton Beach, Florida May 11, 2021 spaces on the three lots, parking would still not meet Code. By the time he puts equipment in, taxes and insurance, and if they use the existing parking by the building that will be torn down, the spaces are close, but it does not meet the Code. There are about 11 spaces across the front of the property. Mr. Simon explained the decisions for the Board are if the Board wants to turn it into a rental, what is involved and if so, who is responsible for the improvements. Chair Grant asked what the Board was willing to spend to move the project forward. He suggested because the Board selected an applicant, that the Board request the applicant supply the cost to the CRA, including ADA requirements, less his equipment costs, and then the Board decide. Mr. Simon would not recommend entering into the lease agreement without this information. The City will also need to approve it. Mr. Collins explained the last item was to have the right of first refusal. If someone made an offer to buy the three lots, he wanted the opportunity to match the offer. Chair Grant had no problem with that if he is still a tenant. Chair Grant commented instead of first refusal, the purchase price would be nothing less than the CRA's cost. Board Member Katz thought the purpose of the property was to ensure assemblage. He would not be in favor of any sort of lease or sale of the property because then the Board would not have any ability to make sure it is part of an assemblage. Chair Grant thought the tenant should have the ability to match someone else's offer to purchase the three properties did not make sense because if the CRA offers the land as part of a bigger development the Board did not want to give Mr. Collins the right of refusal of nothing. Mr. Simon explained the issue would be publicly noticed and anyone can make an offer. Chair Grant commented as a public entity, the Board cannot sell it without giving Mr. Collins the option to buy it. The CRA would have to go through another 30-day RFP/RFQ. Attorney Rossmell summarized the discussion as follows: The lease terms were on hold until the applicant provides an estimate of the cost to bring the property up to Code. The CRA will analyze it and decide if it wants to move forward with a lease discussion at a future meeting. The Board also discussed other terms which were a 2% increase in rent, a flat fee of $500 for the 2021 year's rent and in 2022, the lease would be a triple net lease. Attorney Rossmell understood when the applicant comes back with costs, CRA staff and Legal would present a lease tentatively revised based on the Board's consideration. Mr. Collins requested the CRA provide an estimate of the insurance. C. Discussion and Consideration of Terms for an RFP/RFQ for the CRA Project Located at 115 N. Federal Highway 10 COMMERCIAL LEASE AGREEMENT This Commercial Lease Agreement (the "Lease") is made on this day of 2021, by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, whose address is 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435, ("Landlord") and C LIFE C FOOD, INC, whose address is 1580 NW 2nd Avenue, #10, Boca Raton, FL 33432 ("Tenant"). Landlord is the owner of land and improvements having an address of 401 and 407 East Boynton Beach Boulevard, Boynton Beach, FL 33435 and as described in Exhibit "A," (the "Demised Premises"). Landlord desires to Lease the Demised Premises to Tenant, and Tenant desires to Lease the Demised Premises from Landlord for the term, at the rental and upon the covenants, conditions and provisions herein set forth. THEREFORE, in consideration of the mutual promises herein contained and other good and valuable consideration, it is agreed: 1. Term. Landlord hereby leases the Demised Premises to Tenant, and Tenant hereby Leases the same from Landlord, for an "Initial Term" of one (1) year, beginning , 2021, and ending , 2022. If Landlord is unable to timely provide the Demised Premises, rent shall abate for the period of delay. Tenant shall make no other claim against Landlord for any such delay. Further, pursuant to the terms and conditions contained herein, Tenant shall have the right to exercise an additional nine (9) twelve (12) month options, providing Landlord receives written notice of said election at least sixty (60) days before the expiration of the current term. 2. Rental. Tenant shall pay to Landlord during the Initial Term the following: A. Year 1: Beginning the fourth month of the Year 1 term, the mk4onthly rental amount of $2,500.00, will be paid in eight (8 ) monthly payments, beginning on , 2021, and continuing through , 20 , The parties agree, however, that no payments are due for the-first three months of the of the Year 1 term months of , 2021, through 12022. B. Option Year 2-10: Annual rent shall increase by two percent (2€%) for each year an option is exercised, paid in twelve (12) equal monthly installments. Beginning the fourth month of the Year 1 term, each installment payment shall have the current sales tax amount added to the monthly payment set forth above, as well as 01486611-1 Landlord: Tenant: Commercial Lease Page 2 of 13 all prorated real and personal property taxes due hereunder, not to exceed five hundred ($500.00) dollars during the Year 1 term, -and shall be due in advance on the first (1st) day of each calendar month during the Lease term. Option Year 2-10, each installment payment shall have the current sales tax amount added to the monthly payment set forth above, as well as all prorated real and personal property taxes due hereunder and shall be due in advance on the first (1st) day of each calendar month during the Lease term. Payments shall be delivered to Landlord at 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435, or at such other place designated by written notice from Landlord. Lease payments received after the 5th day of the month shall be considered late and shall bear a $125.00 late payment charge, which must be paid without demand prior to the next month's payment. C. Notwithstanding anything contained in this Paragraph 2, both Landlord and Tenant shall have the right to terminate this Lease by providing 120 days written notice to the other party. 3. Use. The Demised Premises shall be used for a retail fish market with associated parking and site improvements as shown in Exhibit "B, Conceptual Site Plan". Tenant will adhere to all fire and other regulatory requirements of Boynton Beach, Florida. 4. Assignment. Tenant shall not have the right, without Landlord's consent, to assign this Lease. 5. Subleasing. Tenant shall not have the right to sublet the Demised Premises. 6. Improvements. All improvements to be made by Tenant shall be at Tenant's sole cost and expense and subject to the terms of Paragraph 7 below and consistent with Exhibit "B," Conceptual Site Plan. 7. Repairs. During the Lease term, Tenant shall be responsible for, at Tenant's expense, all maintenance and repairs, which shall include such items as repairs of floors, walls, doors, windows, ceilings, HVAC system, electrical and plumbing, parking lot, landscaping, and exterior building walls, and site components, and other parts of the Demised Premises damaged or worn through their occupancy. Except as otherwise specified herein, Tenant agrees to accept the Demised Premises in "As Is" condition with no improvements required by Landlord. 01486611-1 Landlord: Tenant: Commercial Lease Page 3 of 13 8. Alterations and Improvements. Tenant shall not make any alterations, additions or improvements to the Demised Premises without the prior written consent of Landlord, except for the installation of unattached, movable trade fixtures that may be installed without drilling, cutting or otherwise defacing the Demised Premises. All alterations, additions, improvements and fixtures (other than Tenant's unattached readily movable furniture and office equipment) that may be made or installed by either party upon the Demised Premises, shall remain upon and be surrendered with the Demised Premises and become property of Landlord at the termination of this Lease. Notwithstanding the foregoing, if Landlord requests the removal of such alterations, additions or improvements, Tenant shall remove the same and restore the Demised Premises to their original condition at Tenant's expense. All construction work done by Tenant within the Demised Premises shall only be performed with Landlord's prior express written approval of the scope of work and the person(s) performing such work. Further, such work shall be performed in a good and workmanlike manner and in compliance with all governmental requirements. In the event Landlord does consent to any such additions, alterations or replacements, same will be made in accordance with the following: A. Any such alterations, repairs, replacements or additions will not lessen the value of the said building as it will be as of the Term Commencement Date; B. Tenant will perform such alterations, repairs, replacements or additions, in accordance with the statutes, ordinances, rules, regulations and orders of all public or quasi-public authorities having jurisdiction thereof; C. The Demised Premises will at all times be kept free and clear of all mechanic's, materialmen's, labor or other liens or claims of liens, and Tenant agrees to indemnify, save and hold harmless Landlord from all claims, demands and liability, including damage to person or property arising out of or in connection with any such work. For further security of Landlord, Tenant shall give actual notice in advance that no contractor, subcontractor, or anyone else that may furnish any material, service, or labor to the property at any time shall be or become entitled to any lien thereon whatsoever; D. At all reasonable times during the progress of such construction work, Landlord or persons authorized by Landlord, will have the right to go upon the Demised Premises for the purpose of inspecting the construction work then in progress; and 01486611-1 Landlord: Tenant: Commercial Lease Page 4 of 13 E. At the expiration of the term of the Lease, Tenant will, at its sole expense, remove any improvements constructed by Tenant upon request by Landlord. 9. Property Taxes. Tenant shall be responsible for paying all real and personal property taxes with respect to the Demised Premises. Any and all of said taxes to be prorated and paid by Tenant to Landlord on a monthly basis as provided for in Paragraph 2 above. 10. Insurance. A. If the Demised Premises or any other part of the Building is damaged by fire or other casualty resulting from any act or negligence of Tenant or any of Tenant's agents, employees or invitees, rent shall not be diminished or abated while such damages are under repair, and Tenant shall be responsible for the costs of repair not covered by insurance. B. Insurance. At all times subsequent to the commencement date of the term of this Lease and during the full term, Tenant will keep the Demised Premises covered, at Tenant's sole cost and expense by the following types of insurance: 1) Fire and extended coverage multi-peril insurance in an amount equal to 100% of the full replacement cost of Tenant's furniture, fixtures, inventory and equipment located on the Demised Premises; 2) Claims for personal injury or property damage under a policy of general public liability insurance with limits of $1,000,000.00 per incident, $2,000,000.00 aggregate; and C. All insurance required to be maintained by Tenant will be affected by valid and enforceable policies issued by insurers licensed to do business in the State of Florida, countersigned by an agent licensed to do business in Florida and of recognized responsibility satisfactory to Landlord. Within fifteen (15) days after the commencement of the term of this Lease, Tenant will promptly deliver to Landlord the original policies as specified above and within fifteen (15) days after the premium of each such policy will become due and payable, such premium will be paid by Tenant and Landlord will be furnished with satisfactory evidence of such payment. D. All policies of insurance required to be maintained by Tenant will name Tenant and Landlord as the insureds as their respective interests may appear. If Landlord so requires, the policies of insurance provided for above will be payable to the holder of any mortgage, as the interest of such holder may appear, 01486611-1 Landlord: Tenant: Commercial Lease Page 5 of 13 pursuant to a standard mortgagee clause with the exception of any proceeds payable with respect to any insurance policy covering Tenant's personal property. All such policies will, to the extent obtainable, provide that any loss will be payable to Landlord or to the holder of any mortgage notwithstanding any act or omission of Tenant (other than non-payment of premiums) which might otherwise result in forfeiture of such insurance. All such policies will, to the extent obtainable, contain an agreement by the insurers that such policies will not be canceled without at least ten (10) days prior written notice to Landlord and to the holder of any mortgage to whom loss hereunder may be payable. E. Landlord will keep the building in which the Demised Premises are located insured against loss or damage by fire or other casualty in an amount determined to be reasonable by Landlord. 11. Utilities. Tenant shall pay all charges for electricity, telephone, water and sewer, pest control, typical building and lawn maintenance, alarm/security monitoring, cleaning and housekeeping fees and such other services and utilities used by Tenant on the Demised Premises during the term of this Lease (it being the intention of the Parties to enter into a "triple net" lease). 12. Signs. With Landlord's prior written consent, Tenant shall have the right to place on the Demised Premises, at locations selected by Tenant, any signs which are permitted by applicable zoning ordinances and private restrictions. Landlord may refuse consent to any proposed signage that is in Landlord's opinion too large, unattractive or otherwise inconsistent with or inappropriate to the Demised Premises. 13. Entry. Landlord shall have the right to enter upon the Demised Premises at reasonable hours to inspect the same, provided Landlord shall not thereby unreasonably interfere with Tenant's business on the Demised Premises. 14. Parkin. During the term of this Lease, and subject to reasonable regulations established by Landlord, Tenant shall have the non-exclusive use of the adjacent parking area. 15. Default. A. The occurrence of one or more of the following constitutes a default under the terms of this Lease: 1) Failure to pay rent when due if such failure continues for a period of ten (10) days from its due date; 01486611-1 Landlord: Tenant: Commercial Lease Page 6 of 13 2) Failure to make any payment other than rent when required under this Lease if the failure continues for a period of ten (10) days after the receipt of written notice of such sums being due from Landlord to Tenant; 3) Failure to comply with any provision of this Lease (except under subparagraphs (1) and (2) above) if the failure continues for thirty (30) days after notice from Landlord to Tenant. If the failure to comply is one that requires more than thirty (30) days to correct, Tenant will have a reasonable time to correct it if Tenant begins correction within ten days after the notice and diligently prosecutes correction to completion; 4) Making a general assignment or arrangement for the benefit of creditors, being adjudicated a bankrupt, receiving the benefit of any insolvency, readjustment of debts, reorganization or bankruptcy law, entering into an agreement of composition with creditors, having a receiver or trustee appointed to take possession of Tenant's assets on the property or Tenant's interest under this Lease or the seizing under legal process of Tenant's assets on the property or Tenant's interest in this Lease when the action under this subparagraph is not canceled, discontinued, dissolved or discharged within one hundred twenty (120) days; or 5) If Tenant is a corporation, partnership, or other artificial entity, and any part or all of its shares of stock, partnership interest, or other beneficial interest will be transferred by sale, assignment, bequest, inheritance, operation of law or other disposition so as to result in a change in the present effective voting control of Tenant by the person owning a majority of the shares of stock, partnership or interest, or other beneficial interest on the date of this Lease. B. If a default by Tenant occurs, Landlord may, at Landlord's sole option and discretion: 1) Immediately re-enter and remove all persons and personal property from the Demised Premises, storing the removed property in a public warehouse or elsewhere at Tenant's expense without liability; 2) Landlord may retake possession of the Demised Premises for the account of Tenant and relet the Demised Premises, or any part thereof, for such term or terms and at such rental and upon such other terms and 01486611-1 Landlord: Tenant: Commercial Lease Page 7 of 13 conditions as Landlord may deem advisable, in which event the rents received by Landlord from reletting will be applied first to the payment of such expense as Landlord may be put to in reentering, and then to the payment of the rent due and to become due under this Lease, the balance, if any will be paid over to Tenant, who will remain liable for any deficiency; 3) Landlord may stand by and do nothing and will have the right to sue Tenant as each installment of rent matures, or accelerate the balance of installments due and sue for same; or 4) Terminate this Lease by notice to Tenant in which event Tenant will immediately surrender possession of the Demised Premises and to Landlord and all rent due and to become due under this Lease throughout the remainder of the Lease Term shall be accelerated and become due forthwith. 5) Take any other action provided for under Florida law. C. In addition to any other loss or damages that Landlord sustains because of Tenant's default, Tenant will pay all expenses of repairs to the Premises or the property on which the Demised Premises are located required as a result of its tenancy, transfer and storage charges for Tenant's personal property removed from the Demised Premises, costs, expenses and reasonable attorney's fees for enforcing or construing this Lease, whether for trial, appeal or otherwise. D. All remedies of Landlord are cumulative to each other and to any other remedies given by law. All rights of Landlord on Tenant's default apply to an extension of this Lease. By making a payment for Tenant or from any security deposit, Landlord does not waive Tenant's default or any right Landlord has because of the default except to the extent that any such default has been cured by the application of the Security Deposit and provided said Security Deposit has been replenished as provided for elsewhere herein. 16. Quiet Possession. Landlord covenants and warrants that upon performance by Tenant of its obligations hereunder, Landlord will keep and maintain Tenant in exclusive, quiet, peaceable and undisturbed and uninterrupted possession of the Demised Premises during the term of this Lease. 17. Condemnation. If any legally constituted authority condemns the Building or such part thereof which shall make the Demised Premises unsuitable for leasing, this Lease shall 01486611-1 Landlord: Tenant: Commercial Lease Page 8 of 13 cease when the public authority takes possession, and Landlord and Tenant shall account for rental as of that date. Such termination shall be without prejudice to the rights of either party to recover compensation from the condemning authority for any loss or damage caused by the condemnation. Neither party shall have any rights in or to any award made to the other by the condemning authority. 18. Security Deposit. Landlord acknowledges receipt of the sum of $5,000.00 representing the first and last month's rent and $2,500.00 which sum represents a security deposit hereunder ("Security Deposit"). In the event that Tenant fails to comply with the terms and provisions of this Lease, Landlord may use said Security Deposit to the extent necessary for the purpose of correcting any defaults of Tenant. In the event that all or any portion of the Security Deposit is so applied, Tenant will fully replenish the Security Deposit within five (5) days of demand. The Security Deposit need not be kept in a separate interest-bearing account and may be commingled with Landlord's general funds. 19. Notice. Any notice required or permitted under this Lease shall be deemed sufficiently given or served if hand-delivered, sent by overnight carrier (with delivery confirmation) or sent by United States certified mail, return receipt requested, addressed as follows: A. If to Landlord to: Michael Simon, Executive Director Boynton Beach Community Redevelopment Agency 100 East Ocean Avenue, 4th Floor Boynton Beach, FL 33435 with copy to: Tara Duhy, Esquire Lewis, Longman & Walker, P.A. 1500 N. Flagler Drive, Suite 1500 West Palm Beach, FL 33401 B. If to Tenant, to: Lucinda McGraw, President C Life C Food, Inc. 1580 NW 2nd Avenue, #10 Boca Raton, FL 33432 with a copy mailed to the address of the Demised Premises. 01486611-1 Landlord: Tenant: Commercial Lease Page 9 of 13 Landlord and Tenant shall each have the right from time to time to change the place notice is to be given under this paragraph by written notice thereof to the other party. 20. Brokers. Tenant represents that Tenant was not shown the Demised Premises by any real estate broker or agent and that Tenant has not otherwise engaged in any activity which could form the basis for a claim for real estate commission, brokerage fee, finder's fee or other similar charge in connection with this Lease. Tenant indemnifies, saves and holds Landlord harmless for same. 21. Waiver. No waiver of any default of Landlord or Tenant hereunder shall be implied from any omission to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the express waiver and that only for the time and to the extent therein stated. One or more waivers by Landlord or Tenant shall not be construed as a waiver of a subsequent breach of the same covenant, term or condition. 22. Headings. The headings used in this Lease are for convenience of the parties only and shall not be considered in interpreting the meaning of any provision of this Lease. 23. Successors. The provisions of this Lease shall extend to and be binding upon Landlord and Tenant and their respective legal representatives, successors and assigns. 24. Consent. Landlord shall not unreasonably withhold or delay its consent with respect to any matter for which Landlord's consent is required or desirable under this Lease. 25. Compliance with Law. Tenant shall comply with all laws, orders, ordinances and other public requirements now or hereafter pertaining to Tenant's use of the Demised Premises. Landlord shall comply with all laws, orders, ordinances and other public requirements now or hereafter affecting the Demised Premises. 26. Final Agreement. This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties. 27. Governing Law. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Florida. 28. Guaranty. Guarantors hereby absolutely and unconditionally guarantee the full performance and observance of all of the covenants, duties and obligations (including, without limitation, the obligation to pay all rent and other sums) therein provided to be performed and observed by Tenant, pursuant to this Lease; and Guarantors hereby 01486611-1 Landlord: Tenant: Commercial Lease Page 10 of 13 make themselves fully liable for such performance. This Guaranty was reviewed by Guarantors and Guarantors acknowledge and agree that Guarantors fully understand all of the terms of this Guaranty and the consequences and implications of Guarantors execution of this Guaranty; and has been afforded an opportunity to have this Guaranty reviewed by and to discuss the terms, consequences and implications with an attorney or such other persons as Guarantors may have desired. 29. Public Records. Landlord is a public agency subject to Chapter 119, Florida Statutes. The Tenant is hereby notified that the Landlord is required by law, pursuant to Chapter 119, to maintain and disclose upon request all records deemed public under the statute including this Lease. To the extent that any litigation should be instituted by Tenant, either directly or as a third party, to prevent or prohibit Landlord from disclosing or providing information involving this Lease pursuant to a public records request submitted under Chapter 119, Tenant agrees that Landlord may either: 1) defend the claim up to and including final judgment, or 2) interplead the challenged information into the court. In either event, Tenant agrees to pay Landlord's reasonable attorneys' fees and costs, both trial and appellate. 30. Attorneys' Fees. In any legal proceeding, arbitration action, or enforcement action (whether or not a lawsuit is filed) arising under or in any way related to this Lease or related in any way to Tenant's occupancy or use of the Premises, the prevailing party shall recover from the non-prevailing party its attorneys' fees, costs, and expenses (including, without limitation, expert witness fees). [THIS PAGE IS LEFT BLANK INTENTIONALLY] 01486611-1 Landlord: Tenant: Commercial Lease Page 11 of 13 IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first above written. LANDLORD: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Steven B. Grant, Chair TENANT: C LIFE C FOOD, INC By: Lucinda McGraw, President By: Lucinda McGraw, Individually By: Timothy Collins, Individually 01486611-1 Landlord: Tenant: Commercial Lease Page 12 of 13 EXHIBIT "A" LEGAL DESCRIPTION Lots 5 and 6, Arden Park, according to the map or plat thereof as recorded in Plat Book 2, Page 96; LESS and Except that portion conveyed to the State of Florida for road right or way in Official Record Book 1328, Page 369, Public Records of Palm Beach County, Florida. 01486611-1 Landlord: Tenant: Commercial Lease Page 13 of 13 EXHIBIT "B" CONCEPTUAL SITE PLAN 01486611-1 Landlord: Tenant: Simon, Michael From: Tim Collins <tcollins129@gmail.com> Sent: Friday, June 4, 2021 11:59 AM To: Simon, Michael; Shutt, Thuy; Nicklien, Bonnie; Utterback, Theresa Subject: Re: May 11, 2021, CRA Board mtg - Draft Commercial Lease Agreement - 401-407 E. BB Blvd My recollection of the meeting was that they were only requesting the cost of the parking lot construction. Not the cost of our interior build out. We are proposing a neat clean retail fish market with new equipment which is a major upgrade over what my business was previously. I'm working with Steven Myott, a Boynton Beach based Architect and Rossco Construction a Palm Beach County Based Contractor. We are going to bring a vibrant, exciting and attractive new business to a corner of Boynton Beach Blvd that has not looked very appealing for decades. The scope of our buildout will be minimal. We intend to utilize the building in a similar layout to its current configuration in as far as the front area utilized for Retail Market space and the rear area for Walk In Coolers, Office Space and Dry Storage. We will Be replacing the center wall with a Code Approved metal stud and drywall construction. We will be reconfiguring the access to the restroom for greater access to our customers. Our budget for the Completion of the interior buildout is $30,000. Our current rough estimate is $27,200. Our equipment budget is$70,000 and we have an existing Financing Relationship with Vend Lease that is waiting for our requisition order to issue a commitment. Our cost to complete that financing will be$5200 out of pocket. I have requested quotes from more than one Paving company to get an idea on the cost of construction. I will not have an estimate prior to 12:OOpm today. All expenditures on this project have been put on hold until we take a step forward. I am in regular communication with the Florida Department of Transportation.The Boynton Beach Code Department mentioned that the State DOT would not allow the current parking. We are working on an alternate plan that they would approve that would negate the need to build the parking lot.They are willing to work with us on this. I will begin to include you or forward you the email communications we are having. This is the best that I can do ahead of the noon Deadline today. Thank you, Tim Collins The Fish Depot (954)415-4825 Sent from my iPhone 1 On Jun 3, 2021, at 9:03 AM, Simon, Michael <SimonM@bbfl.us>wrote: Good morning Tim: As you know, the discussion with the Board regarding revisions to the lease agreement involved only a couple of items. The more important information involves the full scope of work required and the costs of the construction for your proposed renovation on CRA property. Even if you agree to the minor revisions in the lease agreement, I would not recommend that the CRA Board approve the lease until such time as they are provided the detailed and complete project scope and costs. Int=ichael Simon, FRA-RA, CP3P, LRE Executive Director Boynton Beach Community Redevelopment Agency 100 Iv, Ocean Ave, Boynton Beach, Florida 33435 561-600-9091 _ 561-73 7-325 imonM@bbfl.us http://www.boyntonbeachcra.com LJ America's Gateway to the Gulfstream 2 Please be advised that Florida has a broad public records |avv and all correspondence to me via email may be subject to disclosure,Under Florida records law, email addresses are public records, Therefore, your e-mail communication and your e-mail address may be subject to public disclosure, From:Tim Collins Sent: Wednesday,June 2, 2O2l5:52PM To: Simon, Michael Cc: Shutt,Thuy Utterback,Theresa Nick|ien, Bonnie Subject: Re: May 11, 2021, CRA Board mtg Draft Commercial Lease Agreement 401-40 E. BB Blvd Thank you Michael, With 44 hours until your noon Friday deadline, some of this is going to be difficult to accomplish by noon Friday. VVeare still waiting onacouple bids onthe parking construction. | will get this to attorney immediately and request that he review it ASAP so we can let you know ofany new concerns with the re-write. Tim Sent from my iPhone On]un 2, 2021, at 4:31 PM, Simon, Michael wrote: Good afternoon Mr. Collins: Attached for your review please find the revised draft Commercial Lease Agreement based on the CRA Board's direction for property located at 401 E. Boynton Beach Boulevard, Boynton Beach. VVehave provided the revised draft inWord format inorder that you or your attorney may make any additional edits or comments to the document under the"track changes"option. Once weobtain amore accurate cost for the required CRA insurance, wewill forward ittoyou. 3 As a reminder, the CRA Board requested a renovation/activation construction cost breakdown from you to be included with the revised lease agreement and presented to them at the June 8th meeting. We will need those costs no later than noon on Friday, June 4th in order for the information to be presented to the Board. If you aren't ready with the construction costs in time for the June 8th meeting,just let me know and we'll move the item to the Board's July 13th meeting. Thank you very much. Int=ichael Simon, FRA-RA, CP3P, LRE Executive Director Boynton Beach Community Redevelopment Agency 100 E, Ocean Ave, Boynton Beach, Florida 33435 561-600-9091 _ 561-737-325 imonM@bbfLus http://www.boyntonbeachcra.com 0 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 sub, disclosure,Under Floridarecords law, email addresses arra public: records, Iffierefore, your e-mail communication your e-mail address may be subject to public: disclosure, From:Tim Collins<tcollins129@gmail.com> Sent:Thursday, May 6, 20214:47 PM To: Simon, Michael <SimonM@bbfl.us> Subject: Re: Draft Commercial Lease Agreement-401-407 E. BB Blvd 4 s C C C p « O O O O V c E E E E .O Z Y rn c EE 0 EO J J V v C C w U w w O O- 0 °- C C N ¢ o o � z z u � o � o Y Y ° � ° o - E o � v E c v E v v N ro ro > Y n O ro �o u E > > � EE o ° s u E c c fl s s v v O E v E c v v Y a E E E s v E Q O oo i� er a Oo a u, 0 a a < c Q o a � U °0 p 00 m m w vi °i -0 0 ° a C � Y O u � m O 00 ul V a o E 0.. N v Z > o ro W u a ° O s > V U s � F C W � o c E rn O N o ro F > ate+ O. V in c v 0 E O ° ° J 0. f- E 0 �' c O d Q v s W F 1 I, B E AC H C R A COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: June 8, 2021 OLD BUSINESS AGENDAITEM: 15.13. SUBJECT: Discussion and Consideration of a Draft RFP/RFQ for the CRA Project Located at 115 N. Federal Highway SUMMARY: At their meeting held on May 11, 2021, the CRA Board directed staff to finalize a draft Request for Proposal/Request for Qualifications (RFP/RFQ) to bring back to them for final approval. In addition to the standard requirements (e.g. financial capability and experience of the proposers, local hiring, proposal submittal timelines, etc.), elements to consider when formulating the project components and evaluation criteria listed in a for redevelopment of the 115 N. Federal Highway properties include but are not limited to the following (see Attachments I & II): • A mixed-use project providing retail, office, grocery, and residential units (including workforce housing if applicable); • Incorporation of public open spaces, plazas, publicly accessible WiFi, lighting and enhanced green spaces into the design including the preservation or expansion of Dewey Park; • Providing the opportunity and consideration for the CRA to fund the construction of public parking spaces over and above the amount required for the development itself; • Incorporation of multimodal accommodations and amenities into the Project's design; • Consideration of exterior design enhancements of proposed parking structures to ensure compatibility with the surrounding area; • Consideration of incorporating adjacent properties into the overall project; • Consideration of the overall design and positioning of key elements of the proposed project in recognition of the potential for a future commuter rail station on the west side of NE 4th Street; • Incorporation of a reverter clauses associated with CRA owned parcels; • Incorporation of first-right-of refusal clauses associated with CRA owned parcels; • Incorporation of terms for adherence to development timelines and property exchanges; • Experience in completing comparable development projects within markets similar to the project area as the proposing team; • Proposer's financial terms, purchase price, development and operating proforma; • Proposer's financial capacity to complete the proposed project; and, • Proposed plan or program (including monitoring mechanisms and apprenticeship) to use local contractors, sub-contractors, and laborers in the project. Proposed Schedule for RFP/RFQ: • RFP/RFQ approval by CRA Board (subject to legal review): June 8, 2021 • Issue Date of RFP/RFQ: June 18, 2021 • Voluntary Pre-Submission Meeting: July 15, 2021 • Question/Request for Clarification Deadline: September 2, 2021 • Submission deadline: September 21, 2021 • Presentation to the CRA Advisory Board: November 4, 2021 • Presentation of Proposals to the CRA Board: November 9, 2021 • Purchase and Development Agreement: February 8, 2022 BACKGROUND: At their December 8, 2020 meeting, the CRA Board discussed the pros and cons of entertaining one of the Letters of Intent submitted for the acquisition and redevelopment of the CRA owned property located at 115 N. Federal Highway. The CRA Board concluded that the Request for Proposals/Request for Qualification (RFP/RFQ) process would be the best way to solicit proposals while addressing the goals and objectives of the CRA Redevelopment Plan (see Attachment 111). Attachment IV provides a public comment log of comments received by staff regarding the redevelopment of the property. The CRA Board wanted to gather input from the community as to the future redevelopment project and finalized a list of 10 questions to be incorporated into the community survey at their February 9, 2021. On March 3, 2021, the CRA received 507 responses through the Survey Monkey Platform and a detailed report is provided as Attachment V. FISCAL IMPACT: To be determined by the CRA Board. CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: 1. Approve the 115 N. Federal Highway Infill Mixed-Use Redevelopment Project RFP/RFQ and its issuance subject to final CRA legal review. 2. Do not approve the 115 N. Federal Highway Infill Mixed-Use Redevelopment Project RFP/RFQ. 3. Alternate determination based on CRA Board discussion and consideration. ATTACHMENTS: Description D Attachment I -Aerial Map of 115 N. Federal Highway Parcels D Attachment II - Draft Request for Proposal/Request for Qualifications D Attachment III -CRA Redevelopment Plan - Downtown District D Attachment IV - Public Comment Log for 115 N. Federal Highway Parcels D Attachment V -03.04.21 Community Input Survey Results f x o } {££ 'e Y3 -C M > ° �• �r t G 2 0�0 U 0 �' m wm � LA v r m £ ¢ 2 m m m ° m YJ c J - i CIA I Ir t O tp- tvvrnrnUrn� voit ED z m w m r z d ° ° m ° S " o cn } c ° w w `w m w O v °10 0 o > 0 0 v 0 .T uj m r£`1 w a m o LL a L ii LL E N m - - LL W m Z 2 Z Z LL Ln Z m O LLJ M n d � m Z M .--i Ln .--i O OV lA .i � O— N LL N ON 00 M 'm N Lf) 00 Ln w .. 0, n N 1A .. N IA .. N IA .. N 1A o ol6 N N f6 N N f6 N N f6 N N f6 N N +' f6 I i i - 3 `o -0 3 `o v 3 `o -0 3 `o 'o a t v { S ¢ O ¢ ¢ O ¢ ¢ O ¢ ¢ O ¢ ¢ OU ¢ N m N M lA u 4£ , ctrl " v „ ii a Oa LU p s.. m `< _ t � ft+",r,�. �fY EY>- � s3� '{1�� ";•E- [ I air � fvd- - a � I- ._ r r- — a i 4j A„ „ �4� ' rB_- 0 Y T N " ` ' KwwEAC H „ CRA_ WROAM � COMMUNITY REDEVELOPMENT AGENCY BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY REQUEST FOR PROPOSALS AND DEVELOPER QUALIFICATIONS 115 N. Federal Highway Infill Mixed-Use Redevelopment Project Location: Boynton Beach Community Redevelopment (BBCRA) Owned Properties Issue Date: lune 18, 2021 Submittal Deadline: September 21, 2021, no later than 2:00 p.m. The Boynton Beach Community Redevelopment Agency (BBCRA) is issuing this Request for Proposals and Developer Qualifications (RFP/RFQ) for the acquisition and redevelopment of various BBCRA owned parcels located at 115 N. Federal Highway and adjacent parcels, Boynton Beach, Florida, as referenced and identified on Attachment "A” and hereinafter referred to as the "Project Site". The BBCRA will accept sealed proposals at its office located at 100 E. Ocean Avenue, Boynton Beach, FL 33435 ON OR BEFORE September 21, 2021, no later than 2:00 p.m. Eastern Standard Time, as determined by the time stamp or clock at the BBCRA's reception area. Responses to this RFP/RFQ ("Proposals") received after the date and time set forth above will NOT BE ACCEPTED FOR CONSIDERATION. All proposals will be date and time stamped by the BBCRA. Faxed or emailed proposals will not be accepted. The RFP/RFQ documents, including all related attachments, must be obtained from the BBCRA office or website at www.boyntonbeachcra.com. 1. Community and Economic Setting The City of Boynton Beach (City), with a population of 72,000, is the third largest city in Palm Beach County, Florida. It is located approximately 45 miles north of Miami and 15 miles south of West Palm Beach.This puts it in the heart of southeast Florida's rapidly growing tri-county Miami- Dade/Broward/Palm Beach metropolitan area. Boynton Beach has direct access to the Intracoastal Waterway, Interstate 95 (1-95)and the Florida Turnpike. It also has a market of more than 6 million people within a two-hour radius and ready access to three international airports, two major rail lines, as well as the Tri-Rail regional commuter rail system. 01034473-4 101034473-4 1 Page 1 of 24 i 2. Property Disposal and Project Description This RFP/RFQ is being issued for a project known as the 115 N. Federal Highway Infill Mixed-Use Redevelopment Project (the "Project"), and is seeking proposals for the acquisition and redevelopment of a BBCRA-owned property located at the Project Site. The Project Site is approximately 1.87 acres and located within the Downtown District as described in the 2016 BBCRA Community Redevelopment Plan and carries a recommended Future Land Use of Mixed-Use High with a corresponding Zoning designation of Mixed-Use Core. The recommended land use and zoning designations provide for a density of 80 units per acre with a maximum allowable building height of 150ft. Under defined circumstances, allowable density may be increased by twenty-five percent (25%) if a proposed development meets certain requirements under the City of Boynton Beach's Workforce Housing Ordinance. It is the responsibility of each Proposer to review the City of Boynton Beach Land Development Regulations, applicable site plan and design guidelines and limitations. Additionally, the Project Site is located within the designated Transit Oriented Development (TOD) and Transportation Concurrency Exemption Area (TECA) of the City of Boynton Beach. All proposals and Projects must be in conformance with and in furtherance of the 2016 Boynton Beach Community Redevelopment Plan ("BBCRA Plan").The BBCRA Plan may be accessed on the BBCRA website: www.boyntonbeachBBCRA.com. 3. Survey and Appraisal. An aerial boundary and parcel map along with a copy of the property survey is included with this RFP-RFQ as Attachments "A" and "B." An appraisal of the subject properties that make up the Project Site was completed on January 27, 2020 and August 16, 2020 and are available in electronic form on the BBCRA's website or upon written request to the BBCRA. Proposers should not rely solely on the information in the appraisal when compiling the financial components of a proposal. The appraised value should be considered with all offers and requests for BBCRA incentives. 4. Palm Beach County Impact Fees: Development of the property will be subject to Palm Beach County Impact Fees. Please contact the Planning, Zoning and Building Administration Division of Palm Beach County for specific information regarding impact fees applicable to the Project, or to download relevant information go to www.discover.pbcov.or /pzb/administration . 5. Incentives for the Prosect. Under Chapter 163, Florida Statutes,the BBCRA is empowered to encourage and incentivize redevelopment within the BBCRA Redevelopment Area consistent with the BBCRA Plan. The BBCRA is committed to meeting the goals and objectives of the BBCRA Plan and will support the Project with policies and potential Tax Increment Revenue(TIR)funding. 01034473-4 101034473-4 1 Page 2 of 24 i 6. Pre-Proposal Meeting. A voluntary pre-proposal meeting has been scheduled for July 14, 2021 at 3:00 p.m. Eastern Standard Time in City Hall Chambers, located at 100 E. Ocean Avenue. All interested proposers are required to attend the meeting and be prepared to ask questions. Proposer's failure to attend the pre-bid meeting and sign in within 10 minutes of the meeting start time will disqualify a proposer's proposal. 7. Proposer Registration. All entities interested in responding to this RFP/RFQ must register with the BBCRA via email by providing their name, address, telephone number, and an email address to Michael Simon, BBCRA Executive Director, at SimonM@bbfl.us. Any information concerning addenda, changes, additions, clarifications, notices, and other topics related to this RFP/RFQ will be sent to registered proposers using the registration information provided. 8. Additional Information. After the proposals are received by the BBCRA, the BBCRA may make requests to proposers for clarifications,assurances,orfor other details including, but not limited to,financial and disclosure data relating to the proposal or proposer (including all affiliates, officers, directors, partners and employees). Any inquiries of a general nature applicable to all proposers will be directed to all proposers. Following submission of a bid, the proposer agrees to promptly deliver such further details, information and assurances, including, but not limited to, financial and disclosure data relating to the bid and/or the proposer (including the proposer's affiliates, officers, directors, partners and employees), as requested by the BBCRA. 9. Architectural and Design Considerations. The Project should incorporate quality architectural design and site development standards that enhance the downtown area and adjacent properties. Proposers should review the BBCRA Plan for Project development and design guidance. Proposals will be evaluated on their adherence and incorporation of architectural and design elements presented in the BBCRA Plan and the City of Boynton Beach Land Development Regulations. 10. Required Elements of Proposals. Proposals must contain all of the following documents and information in order to be deemed complete. Proposals not deemed complete may be rejected. a. Provide a general written statement describing the qualifications and background of the proposer. b. Provide a certificate of good standing from the Secretary of State of Florida and the state in which the corporation is headquartered, if not Florida. c. Provide a copy of the commercial lease agreement, if applicable, or proof of property ownership at the location the proposer is currently licensed to do business. If the 01034473-4 101034473-4 1 Page 3 of 24 i Proposal is submitted by more than one entity, each entity much provide the requested information separately. d. Provide a list of key personnel that will be directly involved in proposed Project's development or management team, along with their professional qualifications and a list of similar projects on which they have actively participated. Provide no less than three and no more than ten related projects for this item. e. Provide a written list of similar mixed-use projects developed by the proposer that were completed within the last three (3) years, including photographs, addresses, dates the projects were completed, and general project description. Provide no less than two and no more than ten projects for this item. If the Proposal is submitted by more than one entity,each entity must provide the information requested separately. f. Provide a detailed description of the proposed Project, with text and graphics. This should include but not limited to a schematic site layout plan; proposed density, intensity, and height; parking locations; a breakdown of the proposed total number of residential units and unit types, including number of bedrooms and bathrooms, and square footage for each unit type and conceptual elevations, as well as the items listed in Paragraph 9, "Architectural and Design Considerations," and Paragraph 10, "Requirements for the Proposed Project," of this RFP/RFQ document. g. Provide a proposed breakdown of all project pre-development costs, construction development costs and post development sales pro forma. The pro forma shall include a section that clearly identifies all of the proposed funding sources to pay for the project and all of the identified costs of the Project including those of property acquisition from the BBCRA. Within the list of funding sources, provide the dollar amount of any proposer equity and investment contributed to the proposed Project. Include a breakdown of any proposed funding assistance being requested of the BBCRA, if applicable, and how those funds will be used when combined with other funding sources. h. If the Project is proposed to use funding subsidies from the BBCRA other qualified entities, proposer must provide a list of those entities and demonstrate experience with obtaining such project-based subsidies for workforce housing by listing projects and the amount and type of subsidy utilized. i. Provide a description of how the proposer will make attempts to utilize local qualified contractors, and sub-contractors as part of the completion of the proposed Project. Documentation of this effort will be required as part of the project monitoring. j. Provide proof of financial capability to complete the proposed Project. Financial capability may be demonstrated by submitting a current (audited, if available) financial statement of the proposing entity which includes a balance sheet, a three- year statement of past income, and a projected one-year income statement for the current fiscal year for the proposer (and its parent entity if proposer is a subsidiary). Tax returns may be substituted for financial statements. 01034473-4 101034473-4 1 Page 4 of 24 i When possible, the proposer should also submit third party evidence of the ability to secure financing such as a preliminary financing commitment letter or letter of interest from a lending institution or other primary source of investment financing. A firm financing commitment from a lending institution or other source of investment financing may be required prior to the closing of the sale of the Project property, or as otherwise stipulated in negotiated agreements between the successful proposer and the BBCRA. Information regarding any legal or administrative actions, past or pending, that might impact the capacity of the proposer (or its principals or affiliates) to complete the Project must be disclosed. Disclosure of any bankruptcies by any of the above or related entities during the past ten years must be made with the RFP/RFQ. Financial information should be submitted in a separate, sealed envelope or package and marked 'confidential.' Financial information will be accepted only from the Proposer as part of the submission packet and not those submitted directly to the BBCRA by an outside entity or institution. k. A signed written statement of intent to purchase the Project property indicating the proposed purchase price along with a statement of willingness to execute a Purchase and Development Agreement within 90 days of selection if selected. Any Purchase and Development Agreement ("Agreement") will contain performance-based criteria and milestone timelines for items such as, securing debt funding, formal site plan application, commencement of construction, limitations on transferability or assignability of the Agreement without prior approval from the BBCRA, termination provisions for failure to meet the criteria listed and other provisions to adequately define the rights, duties and obligations of the parties. The Agreement may also contain a reverter clause. I. Provide authorization to Perform Credit Check for each proposer or Business entity. The Authorization must be executed by the appropriate officer of proposer entity(see Attachment "E & E.1." Disclosure and Authorization to Perform Credit Check forms). m. A list of all civil and criminal legal actions in which each proposer entity(and its parent entity if it is a subsidiary) is currently a named party or was a named party in the past four (4) years, providing the case number, case description, the state of jurisdiction, and disposition (or status) of each case. Proposer(s) may include any additional relevant information. If there are no legal actions to disclose, provide a written statement attesting to this fact. n. Provide a PowerPoint presentation of the proposal, consisting of no more than 15 slides. o. All other requirements contained in this RFP/RFQ, including all attachments that request a proposal or information from the Proposer. p. An acknowledgement letter attesting that the proposer has read and understands all procedures and requirements of this RFP/RFQ(see Attachment "D"). 01034473-4 101034473-4 1 Page 5 of 24 i 11. Submittal Package Requirements. a. Location and Deadline. Proposals must be received by the BBCRA at 100 East Ocean Avenue,41h Floor, Boynton Beach, FL 33435 on or before September 21, 2021, no later than 2:00 p.m. Eastern Standard Time (the Deadline), as determined by the time stamp or clock at the BBCRA's reception area. Proposals received after the date and time set forth above will NOT BE ACCEPTED FOR CONSIDERATION. Proposers may withdraw submitted proposals and resubmit at any time prior to the Deadline. b. Form and Number of Copies. Proposals must be delivered in a sealed box or envelope. Faxed and emailed proposals will not be accepted. In total, one (1) bound original proposal document must be submitted with a title page listing the name of the RFP/RFQ and the submitting proposer along with one (1) unbound but clipped copy of the proposal and one (1) digital copy of the complete proposal in PDF format on a labeled CD/DVD or thumb drive. Proposals shall be clearly marked on the outside of the envelope or delivery box container as follows: Request for Proposals and Developer Qualifications for the 115 N. Federal Highway Infill Mixed-Use Redevelopment Project Boynton Beach Community Redevelopment Area City of Boynton Beach, Florida Issue Date: lune 18, 2021 Submittal Deadline: September 21, 2021, no later than 2:00 p.m. c. Completeness.All proposals must be complete upon submittal to the BBCRA. d. Signature.The proposal,and any documents submitted with the proposal that require a signature, must be signed by an individual authorized by proposer to legally bind and represent proposer. e. Failure to Meet Submittal Requirements. The failure to meet the Deadline, submit a proposal that complies with the form and number of copies requirements, or submit a complete proposal may result in the proposal being rejected and returned at the sole discretion of the BBCRA. f. Proposal validity. Proposals shall remain valid and binding on proposers for 180 days after the submittal date. 12. RFP/RFQ Documents Provided. The following planning and site documents may be obtained from the BBCRA office or httl2s://www.boyntonbeachcra.com/business-development/rfi2s-rfgs-itbs Property survey (provided as Attachment B) Phase I and/or Phase II Environmental Report Property Appraisal 01034473-4 101034473-4 1 Page 6 of 24 i 2016 Boynton Beach Community Redevelopment Plan In addition, all proposers are encouraged to walk the area surrounding the Project location and it will be assumed that each proposer has performed all necessary inspections on the property. 13. RFP/RFQ Proposal Evaluation and Selection Process. The BBCRA staff shall review each proposal and provide a determination to the BBCRA Board as to whether or not each proposal meets the minimum submission requirements for review, including whether the proposal is complete, and whether it fully complies with the terms and conditions outlined in this RFP/RFQ. A proposer's failure to provide a substantially complete RFP/RFQ response submission may result in the submission not being evaluated. The BBCRA Board or designated staff may request clarification of submitted information from any Proposer. The confidentiality of proprietary information from competing Proposers shall be maintained to the extent permitted by law. In addition to meeting the minimum requirements of this RFP/RFQ as described in Paragraph 10, each proposal will be evaluated based on the ability of the Proposal to incorporate the following design and development criteria, which are listed below: a. Creation of a mixed-use development project providing retail, office, grocery, and residential uses (including workforce housing if applicable); b. Incorporation of public spaces and plazas, publicly accessible WiFi, enhanced green elements into the proposed design including the preservation and enhancement of the City of Boynton's Dewey Park (see Attachment A); c. Providing the opportunity and design consideration for the CRA to fund the construction of approximately one hundred fifty (150) public parking spaces over and above the amount of parking spaces required for the development itself; d. Incorporation of multimodal accommodations and amenities into the Project's design, such as but not limited to shared bicycle, "last mile" vehicle stops such as Uber or Lyft, commuter bus stops and a future commuter rail stop located on the Federal East Coast Railway property on NE 4th Street (see Attachment A); e. Consideration of exterior design and lighting enhancements of proposed parking garage structures to ensure compatibility with the surrounding area; f. Consideration and incorporation of adjacent properties into the overall project by providing evidence of site control or contractual commitment; g. Providing executed forms verifying that the Proposer has met with City of Boynton Beach Planning and Development Department staff to review the Land Development Regulation requirements applicable to the Project being proposed; h. Experience in completing comparable development projects within markets similar to the project area as the proposing team; i. Proposer's financial terms, purchase price, development and operating proforma; j. Proposer's financial capacity to complete the proposed project; and, 01034473-4 101034473-4 1 Page 7 of 24 i k. Proposed plan or program (including monitoring mechanisms and apprenticeship) to use local contractors, sub-contractors, and laborers in the Project. After the BBCRA staff reviews the proposals for completeness and evaluates the proposals based on the criteria above, the BBCRA staff will present the results of the review and evaluation process to the CRA Advisory Board and BBCRA Board at a public meeting. The Proposers may be asked to present their Proposals and their PowerPoint slide presentations before the BBCRA Advisory Board and CRA Board at their regular scheduled meetings in the City Commission Chambers at City Hall located at 100 E. Ocean Avenue. The BBCRA Advisory Board acts as a recommendation body to the BBCRA Board. The BBCRA Board will then consider all proposals that meet the minimum submission requirements for review, BBCRA staff review, the BBCRA Advisory Board recommendation, and/or any other relevant data in the selection of the successful Proposer. At the conclusion of the public presentations, a Proposer may be selected by the BBCRA Board. However, the BBCRA Board is under no obligation to select a Proposer regardless of their ranking, and can, at its sole discretion, opt to terminate the RFP/RFQ process or continue the process to a subsequent meeting. The existence of a contractual relationship between a Proposer and the BBCRA is contingent upon successful negotiations between the BBCRA and a selected proposer, and execution of an agreement by both parties. Therefore, upon selection of a successful proposer, the BBCRA and the successful proposer will then enter into negotiations for a Purchase and Development Agreement that will contain terms substantially similar to those contained in the successful proposal and this RFP/RFQ. i. Any Purchase and Development Agreement must be in a form approved by the BBCRA Board and BBCRA legal counsel. ii. If the BBCRA and the successful proposer are not able to agree upon a Purchase and Development Agreement satisfactory to both parties within ninety (90) days of the selection of the successful Proposer, Proposer shall have the right to terminate the negotiations. The BBCRA may terminate negotiations at any time for any reason. iii. If the BBCRA sends an agreed-upon Purchase and Development Agreement, or sends a Purchase and Development Agreement with a communication that informs the proposer that the agreement constitutes the BBCRA's final offer, and Proposer fails to return an executed copy of the provided Purchase and Development Agreement within 30 days of receipt of such agreement from the BBCRA, the negotiations are deemed terminated unless the BBCRA explicitly extends the deadline in writing. 01034473-4 101034473-4 1 Page 8 of 24 i iv. The BBCRA may withdraw its offer of agreement, including a final offer, at any time prior to acceptance of such agreement. Upon termination of negotiations or withdrawal of offer of agreement, the BBCRA may move forward as it deems appropriate, which may include entering into negotiations with another Proposer, re-advertising the RFP/RFQ, electing to terminate the RFP/RFQ process, or any other action it deems to be in the best interest of the BBCRA. Any transfer of the property from the BBCRA to a proposer for less than market value will be subject to approval of the City of Boynton Beach City Commission. 14. Tentative Schedule. The following tentative schedule is anticipated for actions related to this RFP/RFQ. All dates, times, and locations are subject to change. All changes will be posted to the BBCRA's website at www.boyntonbeachcra.com. Issue Date of RFP/RFQ: June 18, 2021 Voluntary Pre-Submission Meeting July 15, 2021 Question/Request for Clarification Deadline: September 2, 2021 Submittal Deadline: September 21, 2021 Presentation to Advisory Board: November 4, 2021 Presentation to BBCRA Board: November 9, 2021 Purchase and Development Agreement: February 8, 2022 (Note: The dates offered above are subject to change — registered interested parties will be notified by email of changes, if any.) 15. Contact and Questions a. Contact Information. All correspondence, questions, and requests for clarifications related to this RFP/RFQ must be directed to the person designated as the procurement officer for this RFP/RFQ: Michael Simon, Executive Director Boynton Beach Community Redevelopment Agency 100 East Ocean Avenue, 4th Floor Boynton Beach, Florida 33435 Phone: (561) 600-9091 Fax: (561) 737-3258 Email: simonm@bbfl.us b. Form of Contact; Answers in the Form of Addenda. All correspondence, questions, requests must be submitted in writing via email to the person identified above and may be submitted at any time but no later than August 31, 2021. All answers to questions, clarifications, and interpretations will be issued in the form of addenda, 01034473-4 101034473-4 1 Page 9 of 24 i which become part of this RFP/RFQ. The proposer must acknowledge receipt of each addenda by completing the Addenda Acknowledgement Form and including it with the submitted Proposal (see Attachment "H"). It is the responsibility of all proposers to obtain, review and respond to any and all addenda issued. Oral explanations, information, and instructions shall not be considered binding on the BBCRA. All proposers are encouraged to independently verify the accuracy of any information provided. Neither the BBCRA nor any of its agents or employees shall be responsible for the accuracy of any oral information provided to any proposer, or to any assumptions made by proposer. Written responses to all written questions submitted shall be maintained by the BBCRA in the RFP/RFQ file. c. Limitations on Communications; Cone of Silence; No Lobbying. Proposer or persons acting on proposer's behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the BBCRA posting the notice of intended award (excluding Saturdays, Sundays, and state holidays), any employee, officer, or board member of the BBCRA concerning any aspect of this RFP/RFQ except in writing to the procurement officer or as provided in the RFP/RFP documents. Violation of this provision may be grounds for rejecting a response. Further,during the same time period, proposer or persons acting on proposer's behalf may not contact any BBCRA Advisory Board Member, or any other person working on behalf of the BBCRA on any matter related to this RFP/RFQ. Communication prohibited by this RFP/RFQ, or by any other state, federal, or local law or regulation, may cause an individual or firm to be disqualified immediately from participating in the proposal or selection process. Any violation of this condition may result in rejection and/or disqualification of the proposer's proposal. For purposes of this section, persons acting on proposer's behalf shall include, but not be limited to, the proposer's employees, partners, attorneys, officers, directors, consultants, lobbyists, or any actual or potential subcontractor or consultant of the proposer.This "Cone of Silence/No Lobbying" is in effect from the date of publication of the RFP/RFQ and shall terminate at 1)the time the BBCRA Board selects a proposer, rejects all proposals, or otherwise act which ends the solicitation process; or 2) at the end of the 72-hour period following the BBCRA posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, whichever is later. 16. Disclosure and Disclaimer. Proposer understands and acknowledges that to the extent permitted by law, the BBCRA retains all rights, at its sole and absolute discretion, to: a. Withdraw this RFP/RFQ at anytime; b. Modify the schedule associated with this RFP/RFQ; 01034473-4 101034473-4 1 Page 10 of 24 i c. Issue addenda to this RFP/RFQ; d. Request additional information, clarifications, or assurances from one or more proposers or prospective proposers; e. Reject any and all proposals; f. Refrain from awarding an agreement as a result of this RFP/RFQ; g. Verify the accuracy of any information provided; h. Accept proposals that deviate from this RFP/RFQ; i. Disqualify or reject proposals that are incomplete, untimely, or unclear; j. Re-advertise this RFP/RFQ and accept new proposals; k. Obtain economic feasibility studies or third party evaluations with regard to any part of any proposal; I. Evaluate the proposals through any process that complies with the BBCRA Procurement Policy, this RFP/RFQ, and applicable Florida Statutes, m. Select the one or more successful proposals or proposers it deems will be in the best interests of the BBCRA, regardless of which proposal appears to offer the best monetary value to the BBCRA; n. Waive any required element or condition found in this RFP/RFQ for all proposals or for a specific proposal; o. Waive any formalities associated with this RFP/RFQ; p. Negotiate agreements, abandon or withdraw from negotiations, approve agreements, and take other similar actions as a result of this RFP/RFQ. Any proposer who submits a proposal in response to this RFP/RFQ fully acknowledges all the provisions of this disclosure and disclaimer and agrees to be bound by the terms hereof. In the event of any differences between this disclosure and disclaimer and the balance of the RFP/RFQ, the provisions of this disclosure and disclaimer shall govern. If proposer fails to fully comply with all requirements of this RFP/RFQ, proposer or proposer's proposal may be disqualified. 17. Protests. The Bid Protest Policy is available upon request. Submittal of a proposal in response to this RFP/RFQ constitutes acceptance of this policy. 18. Non-Discrimination. The selected proposer, on behalf of itself, its successors and its assigns, agrees that no person shall, on the ground of race, color, disability, national origin, religion, age, familial status, sex, or sexual orientation, be subjected to discrimination in any way that is associated with the RFP/RFQ the BBCRA, the proposal, any agreement resulting from this RFP/RFQ or the Project. 19. Permits, Taxes, Licenses and Laws. The successful proposer will be required to pay for and/or obtain, at its own expense, all permits, licenses, fees, and taxes required, and to comply with all federal, state, and local laws, ordinances, rules, and regulations applicable to responding to this RFP/RFQ and carrying out the Project. 01034473-4 101034473-4 1 Page 11 of 24 i 20. Sensitive and Proprietary Information. The BBCRA will maintain the confidentiality of sensitive and proprietary information to the extent permitted by law. The BBCRA will consider all other information, documentation and other materials submitted in response to this ITB to be of non-confidential and or non-proprietary nature and therefore subject to public disclosure under Chapter 119 of the Florida State Statutes. 21. Public Records. The BBCRA is public agency subject to Chapter 119, Florida Statutes.The successful proposer shall comply with Florida's Public Records Law. Specifically, the successful proposer shall: a. Keep and maintain public records that ordinarily and necessarily would be required by the BBCRA in order to perform the service; b. Provide the public with access to such public records on the same terms and conditions that the BBCRA would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; c. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and d. Meet all requirements for retaining public records and transfer to the BBCRA, at no cost, all public records in possession of the Proposer upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the BBCRA in a format that is compatible with the information technology systems of the BBCRA. IF PROPOSER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO PROPOSER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS RFP/RFQ, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (561)737-3256; 710 North Federal Highway, Boynton Beach, Florida 33435, SimonM@bbfl.us. 22. Public Entity Crimes Statement. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. In order to qualify for consideration under this RFP/RFQ, proposer must complete and attach Attachment "I" Public Entity Crimes Statement 23. Drug Free Workplace Certification Preference shall be given to proposer(s) with drug free work programs, under the standards described in Section 287.087, Florida Statutes. Whenever two (2) or more proposals that are 01034473-4 101034473-4 1 Page 12 of 24 i equal with respect to price, quality and service are received by the BBCRA or by any political subdivision for the procurement of commodities or contractual services, a proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to receive such preference, the proposer shall complete and submit with its proposal the attached certification, Attachment "J" Drug Free Workplace Certification. 24. E-Verify. In any agreement resulting from this RFP/RFQ, the Proposer will be required to warrant,for itself and its subcontractors, compliance with all federal immigration laws and regulations that relate to their employees. Proposer agrees and acknowledges that the BBCRA is a public employer that is subject to the E-verify requirements as set forth in Section 448.095, Florida Statutes, and that the provisions of F.S. Sec. 448.095 will apply to such an agreement. END OF MAIN DOCUMENT PROCEED TO ATTACHMENTS 01034473-4 101034473-4 1 Page 13 of 24 i List of Attachments: A. Aerial Map/Parcel Map B. Survey C. Proposer Information D. Acknowledgement Letter E. 1. Authorization to Perform a Credit Check (personal) 2. Authorization to Perform a Credit Check (business entity) F. Proposed Project Funding Uses and Sources Information G. Authorization for Release of Information H. Addenda Acknowledgement I. Public Entity Crimes Statement J. Drug Free Workplace Certification K. Certification of Non-Scrutinized Entity L. 01034473-4 101034473-4 1 Page 14 of 24 i ATTACHMENT "C" PROPOSER(S) INFORMATION Name: Street Address: Mailing Address (if different): City, State, Zip: Telephone No. : Fax No: Email Address of Contact Person: Ownership Status - Is the company currently for sale or involved in any transaction to expand or to be acquired by another business entity? If yes, please explain the impact to the organization and management efforts. Age of Organization — In continuous business since: Leadership - List Corporate Officers, Principals, Partners or owners of your Organization with titles and addresses. If a publicly held company, list Chairman of the Board, CEO, and President: Federal Identification No.: State of Incorporation & Registration No.: If not a corporation, explain your status: 01034473-4 101034473-4 1 Page 15 of 24 i ATTACHMENT "D" ACKNOWLEDGMENT LETTER PROPOSER(S) SHALL INCORPORATE THIS ACKNOWLEDGEMENT LETTER IN THEIR SUBMITTAL PACKAGE ***************************************************************************** Re: Boynton Beach Community Redevelopment Agency Request for Proposal/Request for Qualifications (RFP/RFQ) dated June 18, 2021 115 N. Federal Highway Infill Mixed-Use Redevelopment Project To Whom It May Concern: The undersigned has read the Boynton Beach BBCRA(BBCRA) Request for Proposal/Request for Qualifications (RFP/RFQ) for the 115 N. Federal Highway Infill Mixed-Use Redevelopment Project, dated June 18, 2021. On behalf of proposer identified below and our proposal team, we agree to and accept the terms, specific limitations, and conditions expressed therein. We have read, rely upon, acknowledge and accept the BBCRA's disclosure and disclaimer, which is fully incorporated by reference into this letter, and certify that all of the requirements as described in the RFP/RFQ are met and all required documents are enclosed. We further certify that all information presented in this proposal, and all of the information furnished in support of the proposal, is true and complete to the best of our knowledge and belief, and we are aware of the fact that making false statements or presenting false information that results in an Agreement may be penalized to the maximum extent allowed by law. Sincerely, Name of Proposer Print Name and Title Authorized Signature Date 01034473-4 101034473-4 1 Page 16 of 24 i ATTACHMENT "E" DISCLOSURE AND AUTHORIZATION TO PERFORM CREDIT CHECK An authorization to Perform Credit Check will need to be completed by each Principal/Owner. For Principal/Owner: (Please use a separate form for each principal/owner) As Principal/Owner of Proposer, I (name) hereby affirm I have read the above disclosure, and consent to and authorize the Boynton Beach Community Redevelopment Agency's ("BBCRA") investigation into my credit worthiness. Such consent and authorization is given with respect to any and all persons who may conduct an investigation of my credit worthiness on behalf of the BBCRA, including independent contractors and credit agencies retained by the BBCRA for such purpose. Any information provided to the BBCRA is a public record subject to the provisions of Ch. 119 F.S., and I may request a copy of any information provided to the BBCRA as part of the BBCRA's investigation into my credit worthiness. I grant such consent and authorization to the BBCRA for the period commencing as of the date of this authorization and terminating at the time a Proposal is selected by the BBCRA Board. I hereby waive any and all claims, past present or future, which I may have against the BBCRA by reason of any credit investigation made pursuant to my consent and authorization herein given to the BBCRA. Proposer Name: Principal/Owner Name: Date of Birth: Current Home Address: Previous Home Address: Email: Phone#: Signature: Date: Print Name: 01034473-4 101034473-4 1 Page 17 of 24 i ATTACHMENT "E.1." AUTHORIZATION TO PERFORM CREDIT CHECK For Proposer (Business Entity): The Proposer hereby consents to and authorizes the Boynton Beach Community Redevelopment Agency's ("BBCRA") investigation into the credit worthiness of the Proposer. Such consent and authorization is given with respect to any and all persons who may conduct an investigation of the Proposer's credit worthiness on behalf of the BBCRA, including independent contractors and credit agencies retained by the BBCRA for such purpose. Any information provided to the BBCRA is a public record subject to the provisions of Ch. 119 F.S. Proposer grants such consent and authorization to the BBCRA for the period commencing as of the date of this authorization and terminating at the time a Proposal is selected by the BBCRA Board. This Proposer hereby waives any and all claims, past present or future, which the Proposer may have against the BBCRA by reason of any credit investigation made pursuant to Proposer's consent and authorization herein given to the BBCRA. An authorization to Perform Credit Check will need to be completed by each Principal/Owner and by the Business. Proposer (Business) Name (D/B/A if applicable): Current Business Address: Federal Tax ID# State of Incorporation: Phone#: Fax#: Authorized Signature: Date: Print Name: Title: 01034473-4 101034473-4 1 Page 18 of 24 i ATTACHMENT"F" PROPOSED PROJECT FUNDING USES AND SOURCES INFORMATION Project Uses and Sources Land Costs - Soft Costs - Construction Costs - Carrying Cost/Financing Costs - Marketing and Sales Costs - Permit and Impact Fee Costs - Developer Overhead and Profit - Total Project Cost - Capital Stack Proposer/Developer Equity $ - Outside Capital Investor Equity $ - Mortgage or Financed Amount $ - Amount of CRA contribution requested, if any $ - Other funding as identified $E- - Funding Total $ - 01034473-4 101034473-4 1 Page 19 of 24 i ATTACHMENT "G" AUTHORIZATION FOR RELEASE OF INFORMATION To whom it may concern: The undersigned hereby authorizes you to release to the Boynton Beach Community Redevelopment Agency(BBCRA)or the City of Boynton Beach any information in your possession regarding the undersigned either of a professional credit or personal nature including the statement of your opinions with regard to the undersigned's professional credit and personal character, or of the proposer identified below. The undersigned also authorizes you to release to the Boynton Beach Community Redevelopment Agency(BBCRA)or the City of Boynton Beach any information in your possession regarding the business identified as "Proposer" below. By: Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH THE FOREGOING INSTRUMENT was acknowledged before me this day of 20 , by who is personally known to me or who has respectively produced as identification and did not take an oath. Notary Public: Print Name: Commission No: (Seal) My Commission Expires: 01034473-4 101034473-4 1 Page 20 of 24 i ATTACHMENT "H" ADDENDA ACKNOWLEDGEMENT Receipt is hereby acknowledged of the following addenda to the The Boynton Beach Community Redevelopment Agency Request for Proposals and Developer Qualifications 115 N. Federal Highway Infill Mixed-Use Redevelopment Project By entering checking YES or NO in the space provided and indicating date received. No. 1 ❑ Yes ❑ No Date No. 2 ❑ Yes ❑ No Date No. 3 ❑ Yes ❑ No Date No. 4 ❑ Yes ❑ No Date No. 5 ❑ Yes ❑ No Date RFP/RFQ INFORMATION WAS OBTAINED FROM: ❑ BBCRA Website ❑ Newspaper Ad ❑ City Hall ❑ Other, please specify: Authorized Signature Print Name Title Date 01034473-4 101034473-4 1 Page 21 of 24 i ATTACHMENT"I" PUBLIC ENTITY CRIMES STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not: submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; submit a bid proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; submit bids, proposals, or replies on leases of real property to a public entity; be awarded or perform work as a contractor, supplier,subcontractor or consultant under a contract with any public entity;or transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months following the date of being placed on the convicted vendor list. As the person authorized to sign the Statement, I certify that Proposer has not been placed on the convicted vendor list within the past 36 months and complies fully with the above requirements. Proposer Name Authorized Signature Print Name Title Date 01034473-4 101034473-4 1 Page 22 of 24 i ATTACHMENT"1" CERTIFICATION OF DRUG FREE WORKPLACE PROGRAM I certify that , the Proposer responding to this RFP/RFQ maintains a drug-free workplace program, and that the following conditions are met: (1) Proposer publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace; and specifying the actions that will be taken against employees for violations of such programs. (2) Proposer informs employees about the dangers of drug abuse in the workplace, the company's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Proposer gives each employee engaged in providing the commodities or contractual services included in this RFP a copy of the statement specified in Subsection (1). (4) In the statement specified in Subsection (1), Proposer notifies the employee that, as a condition of working in the commodities or contractual services covered under this RFP/RFQ, he/she will abide by the terms of the statement; and will notify the employer (Proposer) of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 893 or any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) Proposer imposes a sanction on, or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is convicted. (6) Proposer makes a good faith effort to continue to maintain a drug-free workplace through implementation of this Section 287.087, Florida Statutes. As the person authorized to sign the statement, I certify that Proposer complies fully with the above requirements. Authorized Signature: Date Name &Title (typed) 01034473-4 101034473-4 1 Page 23 of 24 i ATTACHMENT"K" CERTIFICATION OF NON-SCRUTINIZED COMPANY , as Proposer, hereby certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, and is not engaged in a boycott of Israel. If the BBCRA determines that this certification is falsified or contains false statements, or that Proposer is placed Scrutinized Companies that Boycott Israel List or engages in a boycott of Israel after the submittal of the Proposal or the execution of any agreement arising out of this RFP/RFQ, the BBCRA may disqualify the Proposal and/or terminate the agreement. Proposer Name By: Authorized Representative of Proposer Date: STATE OF COUNTY OF SWORN TO and subscribed before me this _ day of , 20 , by . Such person (Notary Public must check applicable box): [ ] is personally known to me [ ] produced their current driver license [ ] produced as identification. (NOTARY PUBLIC SEAL) Notary Public (Printed, Typed or Stamped Name of Notary Public) 01034473-4 101034473-4 1 Page 24 of 24 tk`yn m1\)Jt' {� 2)� t1 v4 v} (s) {tA�` gl(',J�)s 'tlf�r��t� ,i�,v S( R.1t1y�i r s} �J b 1* � } fr, t' t r �F I 4 OAR BoYNTON BEACM c- 0%mmunity RedevvelOwmen-Ig- PI u---in gO s{}t£ltlf£ 7 k (S` li it r F II, try V� t WMAB 4 y ( llll 11,� M1 b''kk 1 k t } i $ l ) �F tl,, \j h; � si=„ {'s' � �'�l'`'fit, , )tii,l l t�`�i•{' '' (���� — ��` 00 tA'f(;, .. I Wy W ., �l��e{�llffz'flist�sttt (!s'1 qp +UAL k N St i it<< r ,u ,s , r isW`' sft,ly Ir 5 P � t s-.Y NO { i f— �, � s r z a a l S h M 80 nil; 0, j �4�t or>�,>0 Downtown District Introduction Planning Challenges Planning Considerations The Vision t�4 Recommendatio ns �11{ } !ill; Gas. `1�1` Introduction „ The Downtown District has been included in several planning efforts including the Federal Highway Corridor Plan, the Downtown Vision , . and Master Plan, and the original CRA plan ` adopted in 1984. It has long been the desire of the City to reinvigorate the historic center of Boynton Beach. Some progress has been made toward this goal with the development of the Casa Costa, Marina Village condominiums, ' and the soon to be completed 500 Ocean n '� mixed-use development. The CRA has invested in the redevelopment of the Boynton Harbor Marina to create a tourism w �� destination, preserve a working waterfront and o , support the boating community. The Agency planned and constructed the Boynton Beach Promenade that extends from Federal Highway . to the Intracoastal Waterway; the Promenade also connects to the City's Mangrove Walk Park ' and the Marina. Aye The Downtown District is bound to the north ?� by N.E. 7th Avenue, to the south by S.E. 12th � , It r. Avenue, to the east by Federal Highway and the Intracoastal Waterway, and to the west by the � - FEC Railway. The District connects via Federal Highway and S.E. 4th Street to the secondary development node at Woolbright and Federal Highway. Figure 40: Downtown District Location Map Downtown Boynton Beach is easily accessed via 1-95 and Boynton Beach Boulevard: the distance from 1-95 to Federal Highway is less than one mile. The City's beach at Oceanfront Park is only 1.7 miles from 1-95 or, for residents of one of the new downtown developments, a quick walk over the Ocean Avenue Bridge. The Tri-Rail Coastal Link commuter rail station is planned for the downtown at N.E. 4th Street between Ocean Avenue and Boynton Beach Boulevard. This led the City to adopt the Downtown Transit Oriented Development District, allowing for a 25% density bonus within '/2 mile of the future station. 82 P _t� e A second consideration is that the Downtown District is entirely enclosed within the Transportation Unlike Delray Beach or West Palm Beach, Boynton Concurrency Exception Area (TCEA) which, in Beach historically has only had a very small downtown addition to the residential exception area applicable area. It extended from just east of Federal Highway east of 1-95, exempts all development from the Palm to west of Federal Highway at Ocean Avenue. There Beach County traffic concurrency thus allowing have been very few commercial buildings that could denser development. be repurposed into restaurants and stores as Delray Beach has done. Consequently, the first CRA Plan The existence of both of these transportation- adopted in 1984 concentrated on the downtown oriented designations is a factor in considering where area (smaller than proposed in this plan) as a increased height and density will occur within the redevelopment priority. CRA district. The Downtown District's location in the Some of the planning challenges are: center of both the DTODD and the TCEA supports the highest density and height within this district. • Lack of developable parcels — assemblage is required f3sz4 • Property owners have unrealistic expectations '4 of the value of their property �,. • Not pedestrian friendly ` '^ �';; n • No shade trees + tE , t} • No public parking areas and little on-street parking ,} v.. • Lack of wayfinding signage ' t � • No design theme to create an identity w • Limited space on Ocean Avenue to locate retail % and restaurant usesnA, llnndn Considerations Several factors were considered in determining the land use designations for the Downtown District. First, the downtown will be the future site of the station for the planned Tri-Rail Coastal Link commuter service on ,s req" the FEC Rail line, which will serve the South Florida metropolitan region. To improve land development patterns in advance of station development, the City adopted a Downtown Transit Oriented Development District (DTOD), covering a '/2 mile radius around the station's location. The DTOD district regulations support increased intensity of development through a 25% density bonus. Figure 41: Example of District Planning Challenges 83 \ \ \ \ \ \ \ \ \ \ \ % \ t \ \ \ \ 84 Vision Downtown Boynton Beach will be where people live, work and play in an environment that provides bikeable and walkable access to the beach, restaurants, transit, parks and cultural experiences. There will be areas to gather and socialize. Entrepreneurs will open new restaurants and businesses creating financial benefits to the local economy. Attractive new buildings will provide housing for people of all ages and incomes, and accommodate new shops and restaurants. Recommendations.tions. St eetsc a n e Streetscape enhancements are recommended for the Federal Highway corridor. The space for these enhancements may be obtained through either right-of-way dedications or public easements. The enhancements should include: • Create a Complete Street design for Federal Highway including the addition of: • On-street parking • Bike lanes z4 Enhance median with mature tree canopy (at time of planting) and landscape lighting • Marking of major intersections with materials such as pavers, paint, etc. Ott. • Create a Pedestrian Zone adjacent to the right-of-ways that is inviting, safe and includes: • Addition of canopy street trees • Minimum 8'wide clear sidewalk ,''R • Minimum 8'wide active use area abutting the buildings>> • Decorative light poles at both the vehicular and pedestrian scales • Enhanced street furniture, bus shelters, bike racks and receptacles ;`` • Active uses along the first floor of development • Canopy trees that provide immediate shading at time of construction • Bus shelters with unique design for the downtown district • Underground overhead utilities • Public art in key locations • Additional pedestrian crossings where needed • A greenway along SE 4th Street and Ocean Avenue connecting Pence Park and the Marina, per the Connectivity Plan • An eco-trail connecting the pedestrian zone to Mangrove Park, per the Connectivity Plan. 85 Recommendations: L nd Use To attract new residents and businesses, the area must present a unified vision for the future. Therefore, it is recommended that the changes to the Future Land Use map be made using the new future land use/ zoning structure as shown: Table 5: Recommended Future Land Use (FLU)Classifications within the Downtown District LAND USE DENSITY CORRESPONDING ZCHIHC DENSITY MAX CAP* HEIGHT HighDensity p { }dd'rr 9p ®may ®D .{5 45' 15 ®�-T7 I'.PUI�-,.PUD {U' TLJ Residential Mixed-Use 50 MU-2 46 66` Medium MU-3 66 76` Mix Use High 80 MU-4"" 60 160" U Core 66 159 General {f�4 f34s} Commercial ria C-4 rVa 45' '= Industrial a M-1 r n/a 46 Recreation rVa Recreation n/a 46 *Properties located within the TOD may recieve a 25%density bonus G#' 1 III IN i � U- High 0 d da (Zoning W-Core) Max height 150' TOD Density Bonus Commercial uses required to front ° Federal Hwy � 50'Raise Maximum MLI- Med +40-50dudae Max eight,- 65'-75' TCDD 5onus a (height f density) I Commercial uses required to front: Federal Hwy Building frontage required on SE 411 Street: Maas 4 steries on SE 411, street 4- r Figure 42: Cultural District Example Projects 86 4 rcy I ��}! •I , � t 4 f ya'f C `•`��m ! e ani�� w •t n � ��.� att� ih i y I , r , z TV yy �, b } 4 '�e7L�41 Y ylra a�ryad Is•��I � �}})( �_ �� '�� } 1 #''.rte Far t.t�l Lt MIKA,I AlIlkac 5 1 I Figure 43: Recommended Land Use for the Downtown District 87 Recommendations:tions: Urban DnqigR In order to promote an active and walkable built environment in the Downtown District, the following recommendations apply: • Active commercial uses shall be required on the street frontage of Ocean Ave.Automobile oriented uses, such as gas stations, car washes, and drive-thrus, are prohibited. • The build-to line shall accommodate a ten foot sidewalk, mature shade trees (at install), street lights and street furniture • Buildings fronting Federal Highway, Boynton Beach Boulevard and S.E. 4th Street shall have a 60-90% window to wall ratio on the first floor. • Approximately 75% of the lot frontage must be occupied by structure and adjacent to the pedestrian zone • Buildings fronting Boynton Beach Boulevard or Federal Highway shall have a minimum height of 30' • Buildings fronting Boynton Beach Boulevard and/or Federal Highway shall be a maximum of 45' in height, any additional height permitted by the zoning districts must be stepped back proportionately s to the overall height, a minimum of 10' deep. fParking shall be located to the rear or side of the property. Only when access is not possible from the rear or side shall curb cuts be permitted on Boynton r beach Blvd or Federal Highway. � All buildings along Federal Highway must have pedestrian access from the right-of-way/sidewalks. rt The main pedestrian entry, or front door, must be fronting Federal Highway. Y. ` Where mixed use development is proposed adjacent residential areas, the residential areas shall p p p j ��- be protected through the residential compatibility standards and the use of landscape buffers and/ or walls as appropriate. - Staff will review architectural styles and make recommendations regarding Architectural Guidelines that may enhance the character of the District. This process will include public input. MW r Nk IN k Figure 44: SE 4th St. Example Mixed Use Medium Project 88 esidenbaVOrr e x �E�51d�ntidaf y ri z N 1 1 'y .. y y, r. &cycle Path parallel paferg ysy re zy IA n!r is tsJ yJ Street '* �11 OWYC112 Path Space Garage oess )1; 4�aralt6arkin On-site Parking \,( Pedestrian Zone k "deatrian Zone ParallelPatking Dicycle,Path pParallel PaMmg `II Bicycle Path Figure 45: SE 4th St. Design Diagram 89 �.Z I �g�yfig y® f Y �Il I [1 W11, � �<q��,'�l � ZRR i3 fr S , If Ni 71 i ua , Figure 46: Example of Mixed Use High Project in the Downtown District 90 w I , „ I t I� 1 f �P vfp �n �•Y :. f i t4 �� L!� wtp� I a a � a i ly k. k fi I u I ' I Y ra t -�.�..-" r� ��` A.,• OR f �ltts 47, 10 i l I;,tr x F � 1� , 7 M 4 I g`r � r � k Figure 47: Downtown District Master Plan 4 II ,t•,�, ,„ `1�� it���1�� y �l�r l(tsly�f 11i��� J�l[�r �i i�tiS} s4r j �rit��t�)�yyy t�l ley it � iy 1 s u 4 r' r r I I n�i�pp�,,IfI �1 E i I I j tr r���,, tr ss�'�`t�Yrtstr s t tt 1 a r, s \ ll n �4 lil liIk ���»21 fii�i rz X14 — _ 42 2020 CRA COMMENT LOG for 115 N. FEDERAL HWY nay,r � nQa C', 8/25/2020 Email Paul Kirchoff 9/6/2020 Email Kim Kelly 9/6/2020 Email Susan Oyer 9/8/2020 Email Paul Kirchoff 10/13/2020 Email Susan Oyer 11/4/2020 Email Brian Benninghoff 11/10/2020 Email Eleanor Essery 11/10/2020 Email James Kosluk 11/20/2020 Email Mary Chaundy dn-,iinistrati °e Assistant City Manager's Office e - Mailing address: P.O. Box 310 Boynton Beach, Florida 3425 Physical address: 100 E. Ocean Ave. I Boynton Beach, Florida 3435 561-742-6015 11�00 CITY OF BOYNTON BEACH Please be advised that Florida has a broad public records law and all correspondence to nie via entail n-,Iay be subject to disclosure.Under, Florida records law, en-iail addresses are public records.Therefore, your,e-n-iail on-in-wni ation and your,e-mail address n-,iay be subject to public disclosure. From: Paul Kirchhoff<pkirch @ bell south.net> Sent:Tuesday, August 25, 2020 12:20 PM To: Romelus, Christina <RomelusCC bbfl.us>; Hay, Woodrow L. <HayW bbfl.us>; Katz,Justin <KatzJrC bbfl.us>; pensergat bbl.us;grantbbfl.us; Grant, Steven <GrantSCbbfl.us> Subject: Development possibility So, let me get this straight... A developer wants to make a bet on downtown that will bring in 500 new residents, bring in millions in property taxes AND get our 3 million back that we horrifically overpaid for the church building, And you are considering scrapping the idea because Hurricane Alley needs parking? I am as big a fan of Hurricane Alley than anyone, but they have street parking and parking next to the tracks. Can't we just carve out a dozen or so spaces for them in the proposed garage and be done with it? HOW LONG will we have to wait to finally get a viable downtown? I am afraid I'll be dead and buried before I see it. I share Steven Grant's desire for a train station, but the "Coastal Link' is a decade or more away. Is there some way you could craft a plan that calls for an option on a piece of the development for that station should that rail project ever come to fruition? The downtown Master plan depicts a train station right across the street from the French restaurant. This is currently used as an FEC railroad spur. The fact that we have a very visible parcel of land in our downtown that is used for stacking railroad ties and track maintenance vehicles is outrageous. Can we perhaps use the 3 million from the sale to buy FEC out for use for parking and/or a future train station? Or use it to buy other land in Boynton that they could use for the spur? We are really not going to have a beautiful downtown unless that goes away. Count me in as strongly SUPPORTING the mixed use development at the site of the old church and parking lot. It is EXACTLY the kind of development that downtown needs. Paul Kirchhoff Downtown resident since 2005 2 "SEPARATOR PAGE" CONTINUE TO NEXT COMMENT BOY t i m"""" amBEACH C R,,A ity: i OPMENT A M. America's Gateway to the Gulfstream Please e advised that Florida has a goad public records law and all correspondence ence to n-ie via en-rail n-,Iay e subject to disclosure.Under, Florida records law, en-sail addresses aro public records.Therefore, your,o-n-iail on-in-wni a ion ars our,o-n-iail address n-,iay e subject o public disclosure. From: Kim Kelly<harleycabo@gmail.com> Sent: Sunday, September 6, 2020 1:36 PM To: LaVerriere, Lori <LaVerriereL@bbfl.us>; Simon, Michael <SimonM@bbfl.us>; Grant, Steven <GrantS@bbfl.us>; Hay, Woodrow L. <HayW@bbfl.us>; Katz,Justin <KatzJr@bbfl.us>; Penserga,Ty<PensergaT@bbfl.us>; Romelus, Christina <RomelusC@bbfl.us> Subject: 115 N Fed Hwy Please see attached as I would like to add this to the proposal for development at 115 N Fed Hwy Boynton Beach, Florida 33435 to be considered at the Sept 8th Board Meeting Kim Kelly 529 E Ocean Ave Boynton Beach FI 33435 561 364 4008 "! 561 364 4083 office 3 �- r�i 1 ._. ..✓,{� ,t _ r {1 b�.•. , r-, . ,.;4,i.0 t,t t},',.. "l ,,,t , „, t .,.:. r,.,,, ,.r- „ ;. � \ � ., Y ) (1 J. :,t . _ , ._. � l ,�� \ .r., S t ,4,.) t i:t 1.. rc+ ,e,r i � i, ,-, i .;:,, t, i'✓.,> Y J S.: ', t •,t t,r, ,,,,. �{t� _ r ��i ,, , ,,,�,\{t c- 211(iN,s.lt,,,r, � ,, },,,r,.,, a )�r,-q., �1 v. _�� �,'r:it .�33�' I� ) ss) ,{\( }}, „�, 1�Ilt t r- .7+�' {;,i, t,. ) ,iit.}ti a,��t'i�� �), i) ss t 1�ry�� , ( �, t ➢,vtn(sti�� rJ�\ l� I t, S t ?', ( , \ U U) ,C E M o C: v o o �, a, CL c n to EE _ M 5 o `w 5 (a U N o d 1 a) 0) U E o o a? a LL U U mI mm _O cmL dQi m LL _ a ' V U) 0 O N pEO LL UE U a) mU L.L_ w- LL N W I C U a3 -0 U N C) N U cL�L a) Ya&s U ..0_)= - N a' > ti>o 0-LO yo Om -Nd ✓ S 'nCO U m N N m d N ai O Co 0 N O E O m Ea 06 E Q Y Lo a) r 7 0 O 0C N7m IL F- C', 3 OFa) a — o � � o o E mcom Q � E U U n as NcE � o o N M o U o o aO O o a b 2 A fn OLLN LO a-CA tli O N M � N M "SEPARATOR PAGE" CONTINUE TO NEXT COMMENT Nicklien, Bonnie From: Simon, Michael Sent: Tuesday, September 08, 2020 9:39 AM To: Shutt, Thuy; Utterback,Theresa; Nicklien, Bonnie Subject: FW: 115 N Federal Hwy project Attachments: satellite parking pic--edit--marked up--152jpg For our 115 N. Fed. Hwy. Public Comment Attachment, please see the email below and attached image. Michael Sin-,ion,n, FR A-R A, CP3P, EI E3 Executive Director Boynton Beach Con'imiunit I ede °elr:pn—,ient Agency 100 E. Ocean Ave. Boynton Beach, Florida 33435 561-600-9091 a 1-333-32ata Sin-,ionM@bbfl.us http://www.boyntonbeachcra.com BOY �" ,C RA COMMUN ITY RUI)EVRI CFMWr America's Gateway to the Gulfstream Please be advised that Florida has a goad public records law and all correspondence to mie via enIail n-,Iay be subject to disclosure.Under, Florida records law, en-,,ail addresses are public records.Therefore, your,e-n-,,ail on-imiuni ation and your,e-niail address n-,iay be subject to public disclosure. From: Susan Oyer<susanoyer@gmail.com> Sent: Sunday, September 6, 2020 5:26 PM To: Grant, Steven<GrantS@bbfl.us>; Penserga, Ty <PensergaT@bbfl.us>; Hay, Woodrow L. <HayW@bbfl.us>; Katz, Justin <KatzJr@bbfl.us>; Romelus, Christina<RomelusC@bbfl.us>; LaVerriere, Lori <LaVerriereL@bbfl.us>; Simon, Michael <SimonM@bbfl.us> Cc: Kim Kelly <kimalley529@ comcast.net>; Kim Kelly <harleycabo@gmail.com> Subject: 115 N Federal Hwy project Dear Mayor,Vice Mayor, Commissioners, City Manager, and CRA Director: 1 I am writing to you all today to encourage you to NOT approve the project for the 115 N Federal Hwy/church property you received in August by Bill Morris and his partners. As a longtime resident of Boynton Beach, and taxpayer, I encourage you to listen to the people and build a project we can all be proud of, that will match the character of our city, and will incorporate its surrounding neighbors. We have an amazing city that sits closer to the Gulftstream than any other city in North America; we have insanely great fishing; we have our share of The Everglades; we have affordable shopping in our mall and designer shopping a short drive away in Palm Beach and Boca Raton; we have "location, location, location" being the midpoint between West Palm Beach and Boca Raton; we offer our residents more family-friendly and fun events than any other city in our county; we are one of the oldest cities in the county with a unique history; and so much more. People want to live in our beautiful, historic city that sits next to the water. But we need smart growth! Below you will find not only my criticism of the project that was presented, but also suggestions to improve it and make it acceptable to the residents. Much of this was covered in my facebook posting to most of you in the last week. First, 8 stories--seriously?! I and the other residents of this city have repeatedly told you we do not want buildings taller than 4 stories in our city. I understand the need for nodes, but that doesn't mean I or other residents want them or feel that they are in keeping with the character of our city. The other residents that have repeatedly stood up and fought against unsightly, out of architectural character, non-compatible buildings should not be ignored either. Countless residents speaking to this on Facebook today, Sunday 9/6. Smart development means doing what is right, and a 4 story maximum is what is right. How does 8 stories with a modern look fit into the character of this part of the city? No compatibility with other buildings sitting on the blocks. The architecture doesn't complement existing mid-century or 1920's architecture. What is the plan for incorporating the surrounding buildings into this development so it looks cohesive? Second, parking! According to the study the commission received about 4 years ago, the downtown was about 1,200 spaces UNDER parked. Harry Woodworth's motto, "don't build it if you can't park it" should be at the forefront of all your decisions. The spaces this new project proposes doesn't touch the approximately 152 we are losing. I'm attaching my parking space count from 2 Sunday's ago. Remember, Hurricane Alley has approximately 50 staff(luckily many walk or get a ride to work), Oyer Insurance has approximately 25 employees, the offices at 533 E Ocean has a dozen employees with the 4 businesses, and there are 5 apartments with tenants. The 515-517 where Fashion Shoppes used to be is currently being renovated back to its original 6 units with multiple tenants who will need parking for the employees. And all these businesses bring in customers, but none more than Hurricane Alley--easily one of the busiest restaurants in our city. Add on parking needs from Ace Hardware, Boardwalk Ice Cream, and the convenience store on Ocean and Federal during busy times. See the next point for my solution. Third, we need parking &purchased homes, we don't need more apartments. A study released in the last 2 or so years shows that Boynton Beach is over-saturated with apartments. We need homes that people can afford to buy, but realistically, this area would be best served with townhomes at full market value. I hope you saw my facebook post with the picture (attached) describing my ideas. A setback from my family's Ocean Avenue buildings; and compatible architecture with our buildings and Ace Hardware and the other peripheral buildings. My thoughts: build townhomes around the periphery of the project; in the middle, build a 4 story parking garage with amenities for the residents on top: pool, gym, sun deck, extensive plantings like City Palms buildings in WPB; residents and their guests would be able to park on the 4th floor, local businesses could park their employees on the 3rd &extra space on the 4th floor; and that would leave floors 1 & 2 of the parking garage to provide parking for the public. Parking problem solved to a large degree! On the 2 floors above the townhomes, add pocket balconies for trees on the parking garage as in the photo. Plan for living roofs 2 on the townhomes as well as roof access for their owners so they can garden/have private gardens. Access to the parking garage can be at the NW and SW corners--facing the railroad tracks. We need more density and these townhomes, plus other planned projects (that need to become smarter) will give the needed density. Yes, we need workforce/affordable housing, but not in the area where we can get top prices for luxury living spaces!!!! This idea helps with our needed urban tree canopy needs, makes downtown a unique architectural destination in our county, helps with the urban heat islands that have been created by the last 2 commissions/CRA boards with the concrete canyons being planned for US1/downtown, and would be visually stunning as "living art". Leave the alley behind my family's buildings so customers can still drive in to pick up take away orders from Kim (covid/pandemic accommodation); remember 2 of the buildings are front and back access for over 6o years now; and put in a green space buffer for the townhomes on this southern end. Fourth, we need to leave space for the impending train station that is due in the next 20 years. Yes, we need to increase the amount of housing and office buildings in the area, but not at the expense of the station. Plan! Remember, you'll be able to add parking, offices, and more luxury townhomes/condos someday on the Bank of America site and the "Villages" site. We really don't ever need more retail under residential, but the "Villages" can handle the needed 2-3 retail spaces (restaurants/convenience store) for the Tri-Coastal Link trains. No building up next to the railroad. Fifth, do not allow this developer to take our public park from us! This park belongs to the public, and should not be controlled by the developer. In any way. Let them adopt the park to pay for the cleaning/maintenance if they really want to help. We have too little greenspace in our city; the study from several years ago showed our lack of greenspace is adversely impacting our property values. We need more greenspace out of any incoming project. The park belongs to the residents-- not some random developer. Are you not learning anything from the Town Square debacle?! Keep the park in public hands. Park adoption is their option--not concerts or other loud projects that adversely impact those living adjacent. Sixth, the proposed project, at 8 stories, will involve lots of pounding the foundation. Months of pounding that adversely impacts the businesses for a couple block radius. It will damage my family's buildings, including our building that houses Hurricane Alley--it is 95 years old and the oldest commercial building in Boynton Beach. My father's insurance sign on the east side is recognized in our city's historic preservation manuals as an example of historic signage. I can't tell you how many people have told me that my father's sign is their place marker for our city--they know they are in Boynton when they see it! The pounding will damage the Oyer building(s) and those other surrounding buildings. We don't need 8 stories and the damage caused by the pounding. Imagine trying to run your business/live in that 5 or so block radius with loud pounding and ground shaking for 8+ hours a day for months: things fall off bookshelves; doors don't fit in their frames anymore; glassware is damaged; you get foundation damage; your building or house gets wall cracks; you can't sleep properly which impacts your health; your pets are scared; and so on. What about sinkholes or saltwater intrusion caused by the foundation pounding for such a tall 3 I project? 1L'L_JLDs:ZZpaLc1,..coni 11—orida neymortridtey/ iiikt,oes-iii-florida-catises-Dreveli'Lioli-alid- IV ----Z_ _b �-p- ------------ ------------------------- _(dJani.a_gt-1r _qgg_ Consider this notice that any and all damage to my family's buildings will be expected to be repaired by the city, CRA, and the developer back to the pre-construction condition--- I'm sure you are planning for this. I'm assuming there will be provisions for repair to all the local buildings and homes that will be impacted if such a tall structure is built. 500 Ocean, at its reduced height, caused damage to the Hurricane Alley building from its foundation pounding. 8 stories will cause more damage. Even my reduced height suggestion, with a setback, will cause damage. at plans are in place by the developer to mitigate damage to all the commercial buildings and homes in the area? The damage will possibly extend to Casa Costa and homes to the south west Plus 500 Ocean, Mariner Village, and all the buildings/homes/apartments to the south east. Seventh, and if not damage, definitely TONS of unhappy business owners taking a hit to their business from customers who don't want to endure the ground shaking and noise to visit these businesses. What about the economic impact--on top of/right after a hit by the pandemic? Who is compensating these businesses? Kim Kelly will take the biggest hit--she has back area dining--who wants construction dust in their food and beer? Mitigation???? Thank you, all of you, for taking the time to read this long email and for taking my insights into consideration as you move forward on this project. Susan Oyer 4 ry — f r �F 1 r� r kir �r t s a I�! r St; s t.. "SEPARATOR PAGE" CONTINUE TO NEXT COMMENT Nicklien, Bonnie From: Simon Michael Sant Tuesday, September 0l2O2O3:S6PM To: NicNien' Bonnie Subec FW:There's More! Hi Bonnie: The email below can be added to the public comment attachment for the 115 item. Michael Simon, FRA-RA, CP3P, LRES Executive Director Boynton Beach CommunityRedeve|opmentAgency 1OOE. Ocean Ave. | Boynton Beach, Florida 33435 t� ��1-�UO-�U�1 | �� 561-737-3258 �= ' m�w SimonK4@bbf|.ua http://vvvvvv.bnyntonbeachcra.com BOYN BE COMMUM America's Gateway tothe Gulfstream Please be advised that Florida has a broad public records law and all correspondence to mie via en-,Iail n-,Iay be subject to disclosure.Under, Florida records |ovv, email addresses are public records.Therefore, youre-moi| communication and youre-moi| address moy be subject to public disclosure. Fromm:VVoh|er, Pamela Sent:Tuesday, September 8, 20203:18PM To: Simon, Michae| <SimonM@bbf|.uo> Subject: FW:There's More! For your records below z dn-,iinistrati °e Assistant City Manager's Office e - Mailing address: P.O. Box 310 Boynton Beach, Florida 3425 Physical address: 100 E. Ocean Ave. I Boynton Beach, Florida 3435 561-742-6015 11�00 :�i�t:rl. lerE'���� � �&us oynton-beach.org/ CITY OF BOYNTON BEACH Please be advised that Florida has a goad public records law and all correspondence to nie via entail n-,Iay be subject to disclosure.Under, Florida records law, en-iail addresses are public records.Therefore, your,e-n-iail on-in-wni ation and your,e-mail address n-,iay be subject to public disclosure. From: Paul Kirchhoff<pkirch @ bell south.net> Sent:Tuesday, September 08, 2020 3:04 PM To: Grant, Steven <GrantSC bbfl.us>; Hay, Woodrow L. <HayW bbfl.us>; Penserga,Ty<Penser aT bbfl.us>; Romelus, Christina <RomelusCC bbfl.us>; Katz,Justin <KatzJrC bbfl.us> Subject:There's More! I see the FEC has decided to deposit even MORE railroad ties in our downtown. IF AT ALL POSSIBLE, please include in the deal with the developers the certainty that this land can be reclaimed for city use, either by lease or sale. We now literally have a DUMP in the heart of our downtown, and it will never be truly developed unless something is done about it. If not possible (FEC may simply refuse to negotiate), this should not disqualify the deal, as the Van Arnem team are excellent developers and it is just the EXACT type of development we are looking for as a city, but please, PLEASE negotiate this because finally being rid of hideous junkyard would be a great asset to the city. Paul Kirchhoff 2 "SEPARATOR PAGE" CONTINUE TO NEXT COMMENT Nicklien, Bonnie From: Simon, Michael Sent: Tuesday, October 13, 2020 11:28 AM To: Nicklien, Bonnie Cc: Shutt,Thuy Subject: FW: parking downtown Attachments: satellite parking pic--edit--marked up--152jpg Hi Bonnie: Will you please keep this for next month's public comment log. Thank you. Michael Sin-,ion,n, ER A-R A, CP3P, EI E3 Executive Director Boynton Beach Con'imiunit I ede °elr:pn—,ient Agency 100 E. Ocean Ave. Boynton Beach, Florida 33435 561-600-9091 a 1-333-32ata Sin-,ionM@bbfl.us 10 http://www.boyntonbeachcra.com C 3 L9 WN BOYN BE "C'R COMMUM REDEVELOPMENTAMCY America's Gateway to the Gulfstream Please be advised that Florida has a goad public records law and all correspondence to mie via enIail n-,Iay be subject to disclosure.Under, Florida records law, en-,,ail addresses are public records.Therefore, your,e-n-,,ail on-imiuni ation ars your,e-niail address n-,iay be subject to public disclosure. From: Susan Oyer<susanoyer@gmail.com> Sent: Tuesday, October 13, 2020 7:45 AM To: Grant, Steven<GrantS@bbfl.us>; Penserga, Ty <PensergaT@bbfl.us>; Hay, Woodrow L. <HayW@bbfl.us>; Katz, Justin <KatzJr@bbfl.us>; Romelus, Christina<RomelusC@bbfl.us>; Simon, Michael <SimonM@bbfl.us>; LaVerriere, Lori <LaVerriereL@bbfl.us> Cc: Kim Kelly <harleycabo@gmail.com> Subject: parking downtown i Dear all: As more discussions happen regarding the 115 N. Federal Hwy area, you will hear more "promises" on parking. The most recent offers up 120 public spaces I believe? I'm attaching the parking count I made about a month or so ago. I've marked up the map so you can see what spaces are where. Depending on how people park along the tracks, you get about 152 spaces in this immediate area. Note we've lost 10 spaces when the city remarked the spaces--I believe I've complained about that in the past. You may want to consider the on street parking being compact cars only like so many cities around the world have done. Then you can get more parking in. Plus, it sets the right tone in our forward- thinking, sustainable city. Let's not reward people for making poor car choices when they buy gas- guzzling, environment destroying massive vehicles that they just don't actually need. Let's reward people for making the right choices for our city, our planet. https://www.youtube.com/watch?v=L113htfrgeQ As we come into the new paradigm taking hold on the planet, will we be on the right side? Will we be leading? Will we be making the right choices for this increasingly over-populated planet? Feel free to let me know if my math is off. Susan Oyer 2 ry — f r �F 1 r� r kir �r t s a I�! r St; s t.. "SEPARATOR PAGE" CONTINUE TO NEXT COMMENT BUCHANAN PAPTNERS November 2, 2020 Michael Simon Executive Director Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue Boynton Beach, FL 33435 Dear Michael: Thank you again for meeting with us and Davi Camalier on The Boynton Beach project. We look forward to working with you on that. I am writing to you concerning the CRA property at 115 N. Federal Highway, the site across the street from our project. I realize we have not been involved in the process involving that property up to this point. But we have looked at the proposed plan under the current submission for the site, and we feel that what is proposed is not best for that particular neighborhood nor for Boynton Beach in general. We feel Boynton Beach would benefit from a more walkable, pedestrian friendly development—one that would be lower scale, involve a mix of uses and create a focal point and gathering space for residents and visitors alike. The CRA site is perfect for that type of destination project. That block on Federal Highway, where the CRA site is located, already has a number of the types of users we are talking about. We think it would be beneficial to maintain those users and add more in a well-designed, plaza-like setting that creates gathering space, public amenities and easily accessed retail and restaurants. We also believe the CRA site is the best Iocation for a hotel. Being walkable to restaurants and retail, close to the marina and the Inter-Coastal and not far from the beach, the best chance for a good quality hotel would be in a mixed-use development on the CRA site. And lastly, the potential rail stop should be incorporated into the design in a significant way. A rail stop will bring riders, and the station should be integrated into the project in a visible and highly accessible manner. 9841 Washingtonian Boulevard,Suite 300.Gaithersburg,Maryland 20878.P.301.417.0510.F:301.417.1594.www.buchanapa3viers.c0111 i 1 is t Taken all together, the CRA site provides the opportunity to anchor downtown Boynton with a mix of destination uses. With public space and pedestrian walkability this type of development will draw people downtown and provide amenities for the surrounding projects. There are plenty of sites in Boynton Beach for mid and high.-rise residential. However, from what we have seen, this CRA site is the only one where a truly transformative development can take place. W ouldFbtalou about this further, and look forward to working with you. are Brian S. BPrincipal Buchanan cc: Commissioner Christina Romelus, District II Commissioner Woodrow L. Way, District II Commissioner Justin Katz, District Vice Mayor Ty Penserga, District IV Mayor Steven B. Grant, At-Large Davis Camalier BSB/jhc 9841 Washingtonian Boulevard,Suite 300.Gaithersburg,Maryland 20878.P: 301.417.0510.F:301.417.1594.www.buchanapartners.coni #: "SEPARATOR PAGE" CONTINUE TO NEXT COMMENT Nicklien, Bonnie From: Simon Michael Sant Thursday, November 12' 2O2O11:32AM To: NicNien' Bonnie; Shutt, Thuy Subect FW: Downtown development For the back-up to11Sbelow. Michael Simon, FRA-R/, CP3P, LRES Executive Director Boynton Beach CommunityRedeve|opmentAgency 1OOE. Ocean Ave. | Boynton Beach, Florida 33435 �- ��1-���-������1-�UO-�U�1 | �� �= ' m�w SimonK4@bbf|.ua http://vvvvvv.bnyntonbeachcra.com �� �� �� ��| ��� ��� ��� ��� ��� BOYN I BE COMMUNrfY REDEVELOPMMAGMY America's Gateway tothe Gulfstream Please be advised that Florida has a broad public records law and all correspondence to mie via en-lail n-,Iay be subject to disclosure.Under, Florida records |ovv, email addresses are public records.Therefore, youre-moi| communication and youre-moi| address moy be subject to public disclosure. Fromm:VVoh|er, Pamela Sent:Thursday, November 12, 20209:44AM To: Simon, Michae| <SimonM@bbf|.uo> Subject: FW: Downtown development FYI below z i. i } �a A Pan-iela Wo filer` dn-,iinistrati °e Assistant City Manager's Office e Mailing Address, P.O. Box 310 Boynton Beach, Florida 3425 Physical Address, 100 E. Ocean Ave. I Boynton Beach, Florida 3435 561-742-6015 Wohler`E'@bbflius boynton-bear'hior / ME== 13 ml I I ' CM F HIMHF Please be advised that Florida has a broad public records law and all correspondence to n-ie via en--ail n-,Iay be subject to disclosure.Un er, Florida records law, en--ail addresses are public records.Therefore, your,e-n-iail on-in-wni ation ars your,e-n-iail address n-,iay be subject to public disclosure. From: Eleanor Essery<eleanoresseryr mail.com> Sent:Tuesday, November 10, 2020 4:34 PM To: Grant, Steven <GrantSC bbfl.us>; Penserga,Ty<Penser aT bbfl.us>; Hay, Woodrow L. <HayW bbfl.us>; Katz, Justin <KatzJrC bbfl.us>; Romelus, Christina <RomelusCC bbfl.us> Subject: Downtown development I want my vote counted,I do not want to see yet another apartment complex going in the area. WE need hotel accommodations for when family visits. Tourists spend more money while on vacation than people who live here. THE CRA STATES THEY HAVE HAD NO INTEREST FROM ANYONE ON THE LOT BEHIND US EXCEPT FOR THE MIX USE APARTMENTS WHICH IS UNTRUE. A LETTER WAS WRITTEN BY A DEVELOPER JUST RECENTLY AND EMAILED TO ALL LEADERS AND THE CRA STATING THEY WOULD BE INTERESTED IN A HOTEL AND PUBLIC SPACES . THIS NEEDS TO BE ADDRESSED AND NOT SHOVED UNDER THE CARPET!! SPEAK OUT NOW AND LET YOUR VOICES BE HEARD!! THE CURRENT PROPOSAL WAS HIDDEN FROM NEARBY OWNERS AND THE COMMUNITY BY THE DEVELOPER THAT WANTS APARTMENTS SO IT COULD BE SLID THROUGH WITHOUT OPPOSITION AND I KNOW THIS IS TRUE BECAUSE HE TOLD ME!!! MORE SHADE THAN A CLOUDY DAY DURING A TROPICAL STORM!!! EMAIL YOUR LEADERS NOW THE VOTE IS AT 5:30.. We want more options not just the shady ones!!!!! 2 "SEPARATOR PAGE" CONTINUE TO NEXT COMMENT Nicklien, Bonnie From: Simon Michael Sant Thursday, November 12' 2O2O11:32AM To: NicNien' Bonnie; Shutt, Thuy Subect FW: Condos For the back-up to11Sbelow. Michael Simon, FRA-R/, CP3P, LRES Executive Director Boynton Beach CommunityRedeve|opmentAgency 1OOE. Ocean Ave. | Boynton Beach, Florida 33435 t ��1-�UO-�U�1 | �� ~� 561-737-3258. N�� SimonK4@bbfLua http://vvvvvv.bnyntonbeachcra.com �� �� ��8 ��� ��w ��� m�� 1010111111 1kc COMM Y RMPAIMAENTAGMY America's Gateway tothe Gulfstream Please be advised that Florida has a broad public records law and all correspondence to mie via en-lail n-,Iay be subject to disclosure.Under, Florida records |ovv, email addresses are public records.Therefore, youre-moi| communication and youre-moi| address moy be subject to public disclosure. Fromm:VVoh|er, Pamela Sent:Thursday, November 12, 20209:42AM To: Simon, Michae| <SimonM@bbf|.uo> Subject: FW: Condos Good Morning Mike, Adn-,iinistrative Assistant City Manager's Office e - Mailin address: P.O. Box 310 Boynton Beach, Florida 3425 Physical address: 100 F. Ocean Ave. I Boynton Beach, Florida 3435 561-742-6015 11�00 CITY OF BOYNTON BEACH Please e advised that Florida has a goad public records law and all correspondence to n-ie via en-rail n-,Iay e subject o disclosure.Under, Florida records law, en-,,ail addresses are public records.Therefore, your,e-n-iail on-in-wni a ion ars your,e-n-iail address n-,iay e subject o public disclosure. From:james kosluk<iamesk002000@yahoo.com> Sent:Tuesday, November 10, 2020 5:27 PM To: Hay, Woodrow L. <HayW@bbfl.us> Subject: Please do not vote for condos Sent from Yahoo Mail for iPad 2 "SEPARATOR PAGE" CONTINUE TO NEXT COMMENT Nicklien, Bonnie From: Simon Michael Sant Thursday, November 12' 2O2O11:33AM To: NicNien' Bonnie; Shutt, Thuy Subect FW: N(] MORE Mix Use Apartments inBoynton Beach For the back-up to11Sbelow. Michael Simon, FRA-R/, CP3P, LRES Executive Director Boynton Beach CommunityRedeve|opmentAgency 1OOE. Ocean Ave. | Boynton Beach, Florida 33435 �- ��1-���-������1-�UO-�U�1 | �� �= ' m�w SimonK4@bbf|.ua http://vvvvvv.bnyntonbeachcra.com �� �� �� ��| ��� ��� ��� ��� ��� BOYN I BE COMMUNrfY REDEVELOPMMAGMY America's Gateway tothe Gulfstream Please be advised that Florida has a broad public records law and all correspondence to mie via en-lail n-,Iay be subject to disclosure.Under, Florida records |ovv, email addresses are public records.Therefore, youre-moi| communication and youre-moi| address moy be subject to public disclosure. Fromm:VVoh|er, Pamela Sent:Thursday, November 12, 202010:04AM To: Simon, Michae| <SimonM@bbf|.uo> Subject: FW: NOMORE Mix Use Apartments inBoynton Beach FYI below z Adn-,iinistrative Assistant City Manager's Office e - Mailin address: P.O. Box 310 Boynton Beach, Florida 3425 Physical address: 100 E. Ocean Ave. I Boynton Beach, Florida 3435 561-742-6015 11�00 CITY OF BOYNTON BEACH Please e advised that Florida has a goad public records law and all correspondence to n-ie via en-rail n-,Iay e subject o disclosure.Under, Florida records law, en-,,ail addresses aro public records.Therefore, your,o-n-iail on-in-wni a ion ars your,e-n-iail address n-,iay e subject o public disclosure. -----Original Message----- From: Mary Chaundy<mchaundy@yahoo.com> Sent:Tuesday, November 10, 2020 4:12 PM To: Grant, Steven <GrantS@bbfl.us>; Penserga,Ty<PensergaT@bbfl.us>; HayW@bblf.us; Katz,Justin <KatzJr@bbfl.us>; Romelus, Christina <RomelusC@bbfl.us> Cc: Mary Chaundy<mchaundy@yahoo.com> Subject: NO MORE Mix Use Apartments in Boynton Beach Good Afternoon, Normally, I do not voice an opinion to my city leaders but today I am compelled to act.The City of Boynton Beach does not need any additional Mix Use Apartments in downtown Boynton Beach. A better use for this property off of Ocean Avenue, would be a hotel that would bring tourists into our city to enjoy all that it has to offer. I understand that another developer submitted a letter of interest to build a hotel at that location. Do not allow this letter to be hidden. STOP allowing the CRA to bury this letter so that the shady developer who wants to build the mix use apartments is awarded the bid. We do not need more apartments that will sit vacant in our city! I have been a resident of Boynton Beach for over 20 years and enjoy visiting the local shops and restaurants downtown. We need to attract more tourists to our beautiful city that will support the local businesses downtown to help them thrive. if this letter from this developer gets buried... it will only add additional support to the premise that all government officials are corrupt. Respectfully, Mary Chaundy 8290 Bermuda Sound Way Boynton Beach, FL 33436 Sent from my iPad 2 Public Input Survey for "Future" Redevelopment of BBCRA-Owned Property Q1 Would you like to see a future redevelopment project incorporate a mix of uses, such as (check all that apply): Answered: 505 Skipped: 2 None of the -_ above RestauranIMMEMEMEM Office r Retail RentaM�1'1 Apartment Condominiums 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES None of the above 12.08% 61 Restaurant 78.02% 394 Office 38.61% 195 Retail 69.70% 352 Rental Apartments 15.05% 76 Condominiums 25.74% 130 Total Respondents: 505 1/ 11 Public Input Survey for "Future" Redevelopment of BBCRA-Owned Property Q2 Would you like to see a full-service grocery store or corporate headquarters incorporated into a future redevelopment project? Answered: 504 Skipped: 3 Yes - No 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Yes 53.37% 269 No 46.63% 235 TOTAL 504 2111 Public Input Survey for "Future" Redevelopment of BBCRA-Owned Property Q3 Would you like to see a hotel incorporated into a future redevelopment project? Answered: 505 Skipped: 2 b �t `} Yes ` } No 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Yes 48.51% 245 No 51.49% 260 TOTAL 505 3/ 11 Public Input Survey for "Future" Redevelopment of BBCRA-Owned Property Q4 Would you like to see residential units built for a variety of income levels incorporated into a future redevelopment project? Answered: 507 Skipped: 0 Yes Rw No No= 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Yes 27.61% 140 No 72.39% 367 TOTAL 507 4/ 11 Public Input Survey for "Future" Redevelopment of BBCRA-Owned Property Q5 Would you like to see larger than required public open space(s) incorporated into the design of a future redevelopment project? Answered: 506 Skipped: I s Yes No 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Yes 79.64% 403 No 20.36% 103 TOTAL 506 5/ 11 Public Input Survey for "Future" Redevelopment of BBCRA-Owned Property Q6 Would you like to see more public parking spaces incorporated into a future redevelopment project? Answered: 505 Skipped: 2 s Yes No 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Yes 80.79% 408 No 19.21% 97 TOTAL 505 6/ 11 Public Input Survey for "Future" Redevelopment of BBCRA-Owned Property Q7 Would you support paying for parking during special events and high traffic times? Answered: 505 Skipped: 2 Yes - No 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Yes 53.27% 269 No 46.73% 236 TOTAL 505 7/ 11 Public Input Survey for "Future" Redevelopment of BBCRA-Owned Property Q8 Would you like to see accommodations for mass transit, rail, or ride sharing amenities (such as bus stops, train, Uber, and bicycle) incorporated into a future redevelopment project? Answered: 505 Skipped: 2 4 Yes No 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Yes 71.68% 362 No 28.32% 143 TOTAL 505 8/ 11 Public Input Survey for "Future" Redevelopment of BBCRA-Owned Property Q9 Are you a resident or business owner in Boynton Beach? Answered: 500 Skipped: 7 Resident Business Owner Both 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Resident 79.40% 397 Business Owner 4.80% 24 Both 15.80% 79 TOTAL 500 9/ 11 Public Input Survey for "Future" Redevelopment of BBCRA-Owned Property Q10 What is your zip code? Answered: 506 Skipped: I Boynton Beach Zip Codes 33435 =275 33426 = 76 33436 = 75 33437 = 39 Outside of Boynton Beach = 38 No Responses = 3 10/ 11 Public Input Survey for "Future" Redevelopment of BBCRA-Owned Property Q11 Please enter your email address if you would like to be added to the BBCRA email subscriber list to receive information about future redevelopment projects, programs, and events. Answered: 292 Skipped: 215 ANSWER CHOICES RESPONSES Address 0.00% 0 Address 2 0.00% 0 City/Town 0.00% 0 Company 0.00% 0 Country 0.00% 0 Email Address 100.00% 292 Name 0.00% 0 Phone Number 0.00% 0 State/Province 0.00% 0 ZIP/Postal Code 0.00% 0 11 / 11 1 I, B E AC H C R A COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: June 8, 2021 OLD BUSINESS AGENDAITEM: 15.C. SUBJECT: Consideration of Approval of System Audit Reports and Payments Release to Seabourn Cove Holdings LLC for the Properties known as Seabourn Cove - Phase I & Phase I I SUMMARY: The CRA entered into two Direct Incentive Funding Agreements with Gulfstream Gardens, LLC on August 14, 2012 for development of the properties known as Seabourn Cove — Phase I and Phase II (see Attachment 1). The properties were purchased by Hart Seabourn Cove, LLC on December 18, 2012. In August 2013, the CRA Board approved amendment of the Agreements to properly allocate the electric charging stations between the two Agreement Phases (see Attachment 11). The Agreements are in place for a period of ten years and an annual Systems Audit is required based on achieving Gold Rating National Green Building standards. The annual Systems Audit report is first transmitted to the City's Development Services Department for compliance review and approval, then to the CRA staff for review and finally to the CRA Board for approval. On January 29, 2021, Hart Seabourn Cove, LLC entered into an agreement transferring the property to Seabourn Cove Holdings LLC. The Restrictive Covenant for Phase I I of the project was CRA Board approved on February 9, 2021 (see Attachment 111). Payments to the developer will be made once the following conditions are met (section 5.3.4 of the Agreements): 1. The CRA Board's acceptance of a properly documented and supported audit report as certified by the Building Official of the City of Boynton Beach (see Attachment IV). 2. Final certification of tax assessments within the CRA District by the Palm Beach County Property Appraiser for the preceding year; and, 3. Documents evidencing payment by the developer of ad valorem taxes for the preceding year(see Attachment V). On May 16, 2021, the CRA received the required Systems Audit and City compliance verification as required in Section 5.3 of the Agreements, as well as verification of tax payment. The Systems Audit is in compliance with the Agreement. The Increment Revenue Calculation Worksheets (see Attachment VI & VI 1) indicate the financial breakdown to determine the amount of the annual reimbursement as show below: • Phase I - reimbursement payment of$425,009 (eighth year of ten consecutive payments) • Phase II — reimbursement payment of $173,955 (seventh year of ten consecutive payments) FISCAL IMPACT: Fiscal Year 2020-2021 Budget, Project Fund 02-58400-443, $425,009 for Phase I and $173,955 for Phase I I CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan - Federal Highway District CRA BOARD OPTIONS: 1. Approve the DIFA payments to Seabourn Cove Holdings LLC for Seabourn Cove in the amount of$425,009 for Phase I and $173,955 for Phase II. 2. Do not approve DI FA payments to Seabourn Cove Holdings LLC for Seabourn Cove- Phase I and Phase 11. ATTACHMENTS: Description D Attachment I - DIFAAgreements for Phase I and Phase II D Attachment II - DIFAAmendments D Attachment III - Restrictive Covenant D Attachment IV - Performance Audit D Attachment V - Proof of paid taxes D Attachment VI -TIF Calculation Phase I D Attachment Vill -TIF Calculation Phase II Gulfstream Gardens/Seabourn Cove Phase I DIRECT INCENTIVE FUNDING AGREEMENT This i an agreement (hereinafter "Agreement") entered into as of the 1i day of w ,2012,by and between: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III of the Florida Statutes, (hereinafter referred to as"CRA"),with a business address of 710 North Federal Highway,Boynton Beach,Florida 33435. and GULFSTREAM GARDENS,LLC, a Florida limited liability company, with a business address of 601 Bayshore Boulevard, Suite 650, Tampa, Florida 33606 (hereinafter collectively referred to as the "Developer")and/or assigns,provided such are affiliates of the Developer. RECITALS: WHEREAS, as part of its strategy to"encourage large-scale projects,which define new markets, quality, innovation and character in the CRA area" the CRA has adopted a Direct Incentive Program dated March 22,2004 (hereinafter the"Direct Incentive Program"); and WHEREAS, this Agreement pertains to Direct Incentive funding for that certain project currently referred to as Seabourn Cove Phase I, City File No. NWSP 12-001, located on property further described on Exhibit"A"within the CRA boundaries; and WHEREAS, at the March 13, 2012 meeting of the CRA Board, the CRA Board of Directors (hereinafter "CRA Board") by appropriate action made the Project eligible for 50% of the maximum incentive permissible under the Direct Incentive Program, subject to approval of a mutually acceptable Direct Incentive Funding Agreement(i.e.,this Agreement); and WHEREAS, this Direct Incentive Funding Agreement is not intended to be a "Development Agreement"within the meaning of Florida Statutes, Section 163.3221; and WHEREAS, at its March 13, 2012 meeting, the CRA Board approved this Direct Incentive Funding Agreement. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements herein contained and other good and valuable consideration,the receipt of which is hereby acknowledged, it is agreed herein between the parties as follows: Section 1. Recitals. The foregoing recitals are true and correct at the time of the execution of this Direct Incentive Funding Agreement and are incorporated herein. Section 2. Definitions. As used in this Direct Incentive Funding Agreement, the following terms shall have the following meanings: "Affiliate" means a company or corporation that the Developer maintains any ownership interest in. Page 1 of 15 "Agreement" means this Direct Incentive Funding Agreement and all exhibits and attachments thereto, as any of the same may hereafter be amended from time to time. "Base Value" means the assessed value of the Project as determined by the Palm Beach County Property Appraiser prior to construction of the improvements and as reflected in Exhibit "B" attached hereto. "Certification" means the credential or process for the National Association of Home Builders Research Center which issues National Green Building Certification to all types of residential construction; new or remodeled single-family homes, new or remodeled multifamily buildings, and residential land developments that meet the criteria of the ICC 700-2008 National Green Building Standard. "City"means the City of Boynton Beach,Florida. "Commence" or "Commencement" as such terms relate to the commencement of construction of the Project as required hereunder, means the issuance by the City of the permit required for the commencement of vertical construction and the commencement of such vertical construction pursuant to and in accordance with such permit. "Developer" means Gulfstream Gardens, LLC and any assignee or transferee of Gulfstream Gardens, LLC that is permitted under this Agreement, from and after the date of such permitted assignment or transfer. "Electric Vehicle or EV Charging Station" means an electric recharging point, charging point and EVSE (Electric Vehicle Supply Equipment), that supplies electric energy for the recharging of electric vehicles or plug-in hybrid electric-gasoline vehicles. "Gold Rating National Green Building Standard"The National Association of Home Builders' (NAHB) Green Building Program based upon American National Standard Institute approved ICC 700- 2008 National Green Building Standard. The Standard defines green building for single- and multifamily homes, residential remodeling projects, and site development projects while still allowing for the flexibility required for regionally-appropriate best green practices. To comply with the Standard, a builder or remodeler must incorporate a minimum number of features in the following areas: lot and site development; energy, water, and resource efficiency; indoor environmental quality; and home owner education. The Gold Rating requires 558 Performance Point inclusive of 100 "Additional Points" under the program. "Pledged Project Increment Revenues" means the variable disbursement to the Developer equal to 50% of the Project Increment Reicnucs. An example of how the Pledged Project Increment Revenues are calculated is shown in Exhibit`B". "Project" means that certain land development project currently referred to as Seabourn Cove, Phase I, City File No. NWSP 12-001, located on property further described on Exhibit "A" within the CRA boundaries. "Project Increment Revenues" means the amount deposited in the Redevelopment Trust Fund for the Redevelopment Area pursuant to Florida Statutes, Section 163.387, which is attributable to the Proj ect. "Property"means the real property described on Exhibit"A". Page 2 of 15 "Redevelopment Area"means those areas within the limits of the City which have been declared blighted in accordance with the provisions of Florida Statutes, Chapter 163,Part III. "Redevelopment Trust Fund" means the trust fund established pursuant to Section 163.387, Florida Statutes for the deposit of incremental revenues attributable to the Redevelopment Area. "Site Plan"means the site plan for the Project, a copy of which is attached hereto as Exhibit"E" approved by Resolution R09-176 on January 4,2009. "Systems Audit" means a review of the National Green Building Standard checklist from original inspections and certification of the units to confirm ongoing compliance, blower door testing to confirm readings are in compliance with original testing and duct blaster testing to confirm readings are in compliance with original testing. "Substantial Completion" or "Substantially Complete" means the completion of 90% of the Project's units, as evidenced by issuance of a certificate of occupancy for such units. "Tax Collector"means the duly elected tax collector for Palm Beach County,Florida. "Tax Roll" means the real property ad valorem assessment roll maintained by the Property Appraiser for the purpose of the levy and collection of ad valorem taxes. "Unit"means a single residential dwelling within the Project. "Unit Type"means a Type I(A), II(B, C,D)or M(B, C, D) designation based on the unit floor plan approved in the Site Plan. Section 3. Effective Date. This Agreement shall be effective on the date that the last party to sign executes this Agreement(hereinafter"Effective Date"). Section 4. Developer's Oblizations—Construction. 4_1 Developer agrees to construct the units for the Project as described in the Site Plan and to obtain the Gold Rating of the National Green Building Standard as set out therein. The Site Plan may be modified from time to time by Developer in accordance with and pursuant to the Code of Ordinances of the City of Boynton Beach; provided, however, that the Developer shall not have the right to reduce the number of residential units, reduce the energy efficiency of the units, eliminate the EV Charging Station or to make any other change which would substantially reduce the taxable value of the Project without the prior approval of the CRA. "Substantially" as used in this Section means any change that would require a major Site Plan Modification from the City of Boynton Beach. 4_2 Convicted Vendor List. As provided in F.S. 287.132-133, by entering into this Agreement or performing any work in furtherance hereof, Developer certifies that it, and its affiliates, contractors, sub-contractors or agents who will perform hereunder, have not been placed on the Convicted Vendor List maintained by the State of Florida Department of Management Ser%ices within thirty-six(36)months immediately preceding the Effective Date. Section 5. Certification Requirements. The Project has been modeled to obtain a Gold Rating under the National Green Building Standard. As a condition precedent to its receipt of any funds pursuant to this Agreement, the Developer and its successors or assigns, shall provide evidence that the Page 3 of 15 units have received a Gold Rating under the National Green Building Standard. The Developer shall also provide third party verification that the units comply with the standards for the Gold Rating pursuant to the National Green Building Standard for the duration of Direct Incentive Funding Agreement. Implementation of the Certification requirements shall be as follows: 5.1 Certification and Occupant Education. 5.1.1 Gold Rating Standard. Developer has prepared a "Designer's Report" attached hereto as Exbibit "C" outlining the necessary components for compliance with the ICC-700 rating system and practices required under the National Green Building Standard to receive a Gold Rating. This will require a level of Gold for each section inclusive of 100 "Additional Points" available under the program. Certification that this standard is met will be accomplished through the National Association of Home Builders Resource Center as overseer of the program at the Developer's expense. 5.1.2 Initial Certification. The Developer will provide evidence of certification meeting the Gold Rating of the National Green Building Standard including two inspections for each apartment including a pre-drywall and final inspection. A detailed checklist will be created and all the components and practices will be listed to show individual unit compliance with the Gold Rating. The checklists and reports shall be submitted to the City's Development Services Department within fifteen(15) days of completion. 5.1.3 Occupant Manuals and Training. The Developer shall produce and distribute a building occupant's manual identifying the green attributes of each unit and the Project. This manual shall also include any manufacturer's information or product data for equipment, fixtures, and appliances. Through the manual, occupants will be familiarized with the green building practices implemented and the impact of occupants' activities on costs of operating the building. The manual shall include a narrative detailing the importance of constructing a green building, including a list of green building attributes included in the building; the green building program certificate (copy of the National Green Building Standard or sometimes referred to as the "NGBS") with measures achieved and the warranty, operation, & maintenance instructions for all equipment, fixtures, appliances, & finishes as per requirements of Chapter 10 of the Designers Report of NGBS. Training will also be provided regarding all equipment operation and control systems at the cost of the Developer. 5.1.4 Installation and Maintenance of Electric Vehicle Charging Stations. The Developer shall install at the Project two Electric Vehicle Charging Stations. Proof of installation of the EV Stations shall be submitted to the City's Development Department upon completion of the Project. Developer or its assigns shall be responsible for the electrical expense and maintenance of the EV charging stations throughout the term of this Agreement. 5.2 Non-Discrimination. The Developer, its successors and assigns, agree that no person shall on the grounds of race, color, disability, national origin, religion, age, familial status, sex, or sexual orientation be subjected to discrimination in the lease of any Units provided for in this Agreement. Should such discrimination occur, the CRA will provide notice to the Developer of a breach of this condition and thereafter, Developer has 15 days to demand arbitration as to the claim of discrimination. The parties will then mutually agree to an arbitrator and if they cannot agree, the auspices of the American Arbitration Association will govern. This arbitration is independent of any other actions being taken by other agencies. However, a finding by any other agency or court that such discrimination has occurred may be relied upon by the CRA as conclusive proof of a breach of this provision. If Developer does not demand arbitration within fifteen(15) days, or if arbitration is conducted and it is determined by the arbitrator that discrimination occurred, the CRA shall have the right to terminate this Agreement and Page 4 of 15 pursue any and all other lawful remedies.The cost of such arbitration shall be borne by the non-prevailing party. Such non-prevailing party shall be determined by the arbitrator. 5_3 Systems Auditing. Prior to receiving any annual allotment of incentive grant funds, Developer shall provide written evidence, at its sole cost and expense, satisfactory to the CRA in its sole discretion, of continued compliance in all material respects by the Developer with all agreed upon Gold Rating National Green Building standards set forth in this Agreement. On an annual basis, the Developer will perform a systems audit on thirty-two (32) Units each year for the next ten (10) years as evidence that the Units continue to meet the Gold Rating of the National Green Building Standard and ensure that the EV Charging stations are in working order. This auditing process is based on the schedule attached and contained within Exhibit"D". 5.3.1 This systems audit shall be conducted by an independent auditor, selected and paid for by the Developer with the approval of the CRA. 5.3.2 The examinations and opinions required under this Section must be conducted in accordance with the definition of systems auditing contained in Section 2 of this Agreement. 5.3.3 The auditing Reports will be transmitted to the City's Development Services Department on an annual basis for duration of the Agreement indicating the units' compliance with the Gold Rating of the National Green Building Standard. Each annual performance audit must be submitted to the CRA no later than the last day of April for the preceding year. The CRA shall accept the audit or, should it make the determination that there are deficiencies with the audit and/or documentation for the audit, shall so notify the Developer in writing, within twenty(20) days of receipt of Audit Report. In the event of notification of deficiencies by the CRA, distribution of funding shall be suspended until resolution of the dispute regarding compliance. 5.3.4 Disbursement of Direct Incentive Program Funds shall occur upon (1) the CRA's acceptance of a properly- documented and supported audit Report by the CRA Board, (2) final certification of tax assessments within the CRA District by the Palm Beach County Property Appraiser for the preceding year, and (3) documents eNidencing payment by the developer of ad valorem taxes for the preceding year. 5_4 Inspection. Upon ten(10) business days prior written notice and at any time during normal business hours and as often as the CRA deems necessary, there shall be made available by the Developer to the CRA for examination, all of its records with respect to all matters cohered by this Section. The CRA reserves the right to require copies of such records and/or to conduct an inspection of the Developer's records regarding performance measures at an} time for any period covered by this Section of the Agreement, all at the CRA's cost and expense. Any delay in the production of documents requested by the CRA shall toll the CRA's time for review of a request for distribution of funds. 5_5 Non-Compliance. In any year in which the systems audit discloses that Developer is in non-compliance in any material respect with Gold Rating of the National Green Building Standard, the Developer may be deemed in default and the CRA will be entitled to the remedies set forth in Section 8 below, After the exhaustion of all opportunities to cure available to Developer as set forth in Section 8, then at the option of the CRA, the Direct Incentive Funding for the Developer may be reduced as follows: 5.5.1 If after the annual audit determines that any of the units have fallen below the Gold Rating, and Developer has had the opportunity to cure under Section 8 below, the CRA shall withhold the annual Pledged Project Increment Revenue payment. Page 5 of 15 5.5.2 Exceeding the agreed upon requirements of the Gold Rating of the National Green Building Standard in any given subject year shall not entitle the Developer to additional funding under this Agreement or to a credit or set-off against any reduction in funds due to failure to meet the Gold Rating of the National Green Building Standard hereunder. Section 6. Direct Incentive Funding. The direct incentive funding provided for under this Agreement is granted to the Developer for the purpose of offsetting, in part, the Developer's cost of maintaining the energy efficiency improvements and/or programs within the Project. 6.1 Direct Incentive FundinLy Formula and Term. The CRA hereby agrees to direct fund, that is, to pledge and assign to Developer for a period of ten (10) consecutive years, as provided herein, an annual amount which equals the Pledged Project Increment Revenues less any amounts deducted pursuant to the terms of Section 5 above due to the failure of the Developer to comply with the Gold Rating of the NGBS. 6_2 Commencement and Conditions of Funding. The ten (10) year term for the receipt of incentive funding shall commence in the year that the following conditions are met: A. The Project is Substantially Complete; B. The completed improvements of the Project have been placed on the Tax Roll; C. The CRA has received Project Increment Revenues from such improvements; D. Systems Audit Report is received and found acceptable by the City and CRA; and E. An annual report is made to the CRA Board by the Developer of the status of the project at the next regularly scheduled meeting of the Board. 6.3 Disbursement of Funds. Subject to the conditions provided herein, the Pledged Project Increment Revenues shall be disbursed to the Dev=eloper upon (1) the CRA's acceptance of a properly documented and supported audit Report, (2) final certification of tax assessments within the CRA District by the Palm Beach County Property Appraiser for the preceding year, and (3) documents evidencing payment by the Developer of ad valorem taxes for the preceding year. There is no obligation by the CRA to disburse the Pledged Project Increment Revenue during the cure period or if the Developer is in default of this Agreement. 6.4 No Pledge of Pledted Project Increment Revenues. The CRA warrants and represents that the Pledged Project Increment Revenues are not the subject of any prior pledge by the CRA and agrees that such revenues shall not be assigned, pledged, hypothecated or secured by the CRA for the period covered by term of this Agreement. 6_5 Subordination. Any Pledged Project Increment Revenue of the CRA pursuant to this Agreement is subordinate to the pledge of the tax increment revenue given to secure the CRA's Tax Increment Revenue Bonds pursuant to Resolution No. 04-04, adopted December 6, 2004, as amended and supplemented. Page 6 of 15 Section 7. Restrictive Covenant. Upon completion of the improvements of the Project and prior to the issuance of final certificates of occupancy by the City, the Developer shall create a Restrictive Covenant Agreement meeting the requirements outlined in this Agreement. The Restrictive Covenants shall be approved by the CRA which shall not be unreasonably withheld or delayed or conditioned. Such documents, which shall be recorded, shall contain restrictive covenants which shall include,at least,the following terms: 771 Certification Restrictive and Occupant Manual Covenants. The restrictive covenants governing Certification shall include the following: 7.1.1 All units shall be certified to achieve the Gold Rating of the National Green Building Standard and no restrictions shall be adopted which prohibit or limit the ability to achieve or maintain that standard. Two EV Charging Stations shall also be placed on site as reflected on Exhibit 64EP9 7.1.2 A manual identifying the green attributes of each unit and the Project shall be maintained to familiarize building occupants with the green building practices implemented and the impact of occupants' activities on costs of operating the building. Training will also be provided regarding all equipment operation and control systems at the cost of the Developer. 7.1.3 The Restrictive Covenants shall terminate at such time as this Agreement terminates pursuant to this Agreement,including but not limited to Section 4 and Section 8. 7.2 Systems Auditing Restrictive Covenants. The restrictive covenants governing the Systems Auditing shall contain the following: 7.2.1 On an annual basis, the Developer will perform a systems audit on thirty- two (32) Units each year for the next ten (10) years as evidence that the Units continue to meet the Gold Rating of the National Green Building Standard and ensure that the EV Charging stations are in working order. This auditing process is based on the schedule attached and contained within Exhibit"D", 7.2.2 The Developer shall have the right to access the audited units to complete the Systems Audits described herein for the duration of this Agreement. 7.2.3 The Developer shall provide the Systems Audit Report to the City's Development Ser0ces Department on an annual basis, beginning April 30th in the year in which funding begins pursuant Section 6.2 and no later than April 30th of each year thereafter for duration of this Agreement indicating the units' compliance with the Gold Rating of the National Green Building Standard. Section 8. Events of Default,Remedies and Termination. 8.1 Default. Upon the occurrence of any one or more of the following events, all obligations of the CRA to disburse further funds under this Agreement shall terminate at the option of the CRA.. Notwithstanding the preceding sentence, CRA may at its option continue to make payments or portions of payments after the occurrence of one or more of such events without waiving the right to exercise such remedies and without incurring liability for further payment. The CRA may at its option terminate this Agreement and any and all funding under this Agreement upon occurrence of any one or more of the following: Page 7 of 15 8.1.1 Any representation by the Developer or its agents or representatives in or in connection with this Agreement or the Direct Incentive Program Application is inaccurate or incomplete or false in any material respect. 8.1.2 The vacating, abandoning, or closing of the Developer's business except transfer for a permitted assignment or of such corporate entity. 8.1.3 The failure of the Developer to observe or perform any of the terms, covenants, conditions, obligations, or provisions of this Agreement in any material respect to be observed or performed by the Developer or such failure continues for a period of thirty (30) days after written notice thereof from the CRA to the Developer provided,however,that if the nature of Developer's default is such that more than thirty (30) days are reasonably required for its cure, then Developer shall not be deemed to be in default if Developer commenced such cure within said 30-day period and thereafter diligently pursues such cure to completion. 8.1.4 The making by Developer of any general assignment, or general arrangement for the benefit of creditors; 8.1.5 The filing by or against Developer of a petition to have the Developer adjudged bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy unless,in the case of a petition filed against the Developer,the same is dismissed within sixty(60)days; 8.1.6 Appointment of a trustee or receiver to take possession of substantially all of Developer's assets,where possession is not restored to Developer within sixty(60) days; or 8.1.7 The attachment, execution or other judicial seizure of substantially all of Developer's assets where such seizure is not discharged within thirty(30)days. 8.1.8 Should the Site Plan or building permit expire at any time, and within sixty (60) days thereof and Developer does not apply a for a renewal or extension, then this Agreement shall terminate and be of no further force and effect. 8.1.9 Should the Developer modify the Site Plan without approval from the City then this Agreement shall terminate and be of no further force and effect. 8_2 Remedies. Upon the occurrence of any one or more of the foregoing events set forth in Section 8.1, CRA shall at its option., give notice in writing to the Developer to cure its failure of performance if such failure may be cured. Upon the failure of Developer to cure within (90) days, CRA may exercise any one or more of the following remedies: 8.2.1 Terminate this Agreement upon not less than fifteen (15) days notice, by certified letter to the Developer at the address specified in Section 9.5 of this Agreement, such notice to take effect when delivered to the Developer. 8.2.2 Commence a legal action for the judicial enforcement of this Agreement. 8.2.3 Withhold the disbursement of any payment or any portion of a payment. 8.2.4 Take any other remedial actions that may otherwise be available under law. Page 8 of 15 8_3 Attorney's Fees and Costs. In any judicial action arising from this Agreement the prevailing party shall be entitled to an award of its reasonable attorney's fees and costs, at both the trial and appellate levels, from the non-prevailing party. 8_4 Law and Remedy. This Agreement shall be governed by the laws of the State of Florida Venue of any and all legal actions arising from this Agreement shall be in Palm Beach County, Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder, shall preclude any other or fiuther exercise thereof. 8_5 Strict Performance. No failure by either party to insist upon strict performance of any covenant, agreement, term or condition of this Agreement or to exercise any right or remedy available to such party by reason of the other party's Default and no payment or acceptance of full or partial payments of amounts due under this Agreement during the continuance(or with CRA's knowledge of the occurrence) of any Default or Event of Default, shall constitute a waiver of any such Default or Event of Default or of such covenant, agreement, term, or condition or of any other covenant, agreement, term, or condition. No waiver of any Default shall affect or alter this Agreement, but each and every covenant, agreement, term and condition of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent Default. Payment by either party of any amounts due under this Agreement shall be without prejudice to and shall not constitute a waiver of any rights against the other party provided for under this Agreement or at law or in equity. One party's compliance with any request or demand made by the other party shall not be deemed a waiver of such other party's right to contest the validity of such request or demand. All the terms, provisions, and conditions of this Agreement and the restrictive covenants shall inure to the benefit of and be enforceable by the parties hereto and their respective successors and assigns. The Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that both parties have contributed substantially and materially to the preparation of the Agreement and the restrictive covenants. 8.6 Remedies Under Bankruptcy and InsolveneV Codes. If an order for relief is entered or if any stay of proceeding or other act becomes effective against Developer or in any proceeding which is commenced by or against Developer under the present or any future federal bankruptcy code or in a proceeding which is commenced by or against Developer, seeking a reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any other present or future applicable federal, state or other bankruptcy or insolvency statute or law, CRA shall be entitled to invoke any and all rights and remedies available to it under such bankruptcy or insolvency code, statute or law or this Agreement. 8_7. Termination. The obligations of Developer and CRA shall terminate upon the earlier of(i) expiration of the Project Increment Revenues payments to Developer as provided in Section 6 above as a result of the expiration of the agreed upon payment periods; or (ii) failure by the Developer to complete the Project by June 1,2013,unless extended as provided therein. Section 9. General Conditions. 9.1 CRA's Maintenance of Records and Annual Account Fundine. Commencing with the Effective Date, the CRA shall maintain and administer separate financial records which reflect terms of this Agreement. Such records shall clearly document for the benefit of the Page 9 of 15 CRA and the Developer,the Base Year amount and the annual revenue collected by the CRA attributable to the Project and the annual amounts owing and paid under this Agreement. 9_2 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. Prior to Substantial Completion of the Project, this Agreement may not be assigned by the Developer without the prior written consent of the CRA. After Substantial Completion this Agreement may be transferred by the Developer; provided, however, that any assignee thereto shall specifically assume all of the obligations of the Developer under this Agreement.Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the CRA, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the CRA and the Developer. In the event that the CRA determines that the Developer is in violation of this paragraph, the CRA shall have the right to terminate this Agreement and to seek repayment of the funds paid by the CRA to the Developer. Notwithstanding anything to the contrary contained in this section, prior to the issuance of the Certificate of Occupancy, Developer may assign this Agreement to an affiliate of Developer with the consent of CRA, such consent not to be unreasonably withheld. Such assignment shall not relieve the Developer of any of its obligations or duties as set forth herein. After the issuance of the Certificate of Occupancy, Developer may assign this Agreement to an affiliate of Developer without the consent of but with at least 10 days notice to CRA. 9_3 No Brokers. CRA and Developer each represents to the other that it has not dealt with any broker, finder, or like entity in connection with this Agreement or the transactions contemplated hereby, and each party shall indemnify the other against any claim for brokerage commissions, fees, or other compensation by any person alleging to have acted for or dealt with the indemnifying party in connection with this Agreement or the transactions contemplated hereby. 9_4 Indemnification and Hold Harmless. The Developer agrees to protect, defend, reimburse, indemnify and hold the CRA, its agents, employees and elected officers and each of them, free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of every kind and character (sometimes collectively "Liability") against and from the CRA which arise out of this Agreement, except to the extent that any of the Liability results from the negligence or willful misconduct of the CRA. The Developer recognizes the broad nature of this indemnification and hold harmless clause, and voluntarily makes this covenant and expressly acknowledges the receipt of good and valuable consideration provided by the CRA in support of this clause in accordance with the laws of the State of Florida. This paragraph shall survive the termination of the Agreement. 9_5 Notices and other Communications. Whenever it is provided herein that notice, demand, request, consent, approval or other communication shall or may be given to, or served upon, either of the parties by the other (or any recognized mortgagee), or whenever either of the parties desires to give or sen-c upon the other any notice, demand, request, consent, approval or other communication with respect hereto or to the Project, each such notice, demand,request, consent, approval or other communication (referred to in this Section 9.5 as a"Notice") shall be in writing (whether or not so indicated elsewhere in this Agreement) and shall be effective for any purpose only if given or served by (i) certified or registered United States Mail, postage prepaid, return receipt requested, (ii) personal delivery with a signed receipt or(iii) a recognized national courier service,addressed as follows: If to Developer: Gulfstream Gardens,LLC 601 Bayshore Boulevard, Suite 650 Tampa,Florida 33606 Page 10 of 15 If to CRA: Boynton Beach Community Redevelopment Agency 710 N.Federal highway Boynton Beach,Florida 33435 With a copy to: James Cherof Goren,Cherof,Doody&Ezrol 3099 East Commercial Boulevard,Suite 200 Fort Lauderdale,FL 33308 Tel: 954-7714500 Fax: 954-7714923 9.5.1. Any Notice may be given in a manner provided in this Agreement on either party's behalf by its attorneys designated by such party by Notice hereunder. 9.5.2. Every Notice shall be effective on the date actually received, as indicated on the receipt therefore,or on the date delivery thereof is refused by the intended recipient. 996 Time is of the Essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement. 9_7. Entire Agreement. The CRA and Developer agree that this Agreement sets forth the entire agreement between the parties and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded, or otherwise altered, except by written instrument executed by the parties hereto. 9_8 Exhibits. Each Exhibit referred to in this Agreement forms an essential part of this Agreement. Any Exhibit not physically attached shall be treated as part of this Agreement and are incorporated herein by reference. 9_9 Severability. If any provision of this Agreement or application thereof to any person or situation shall,to any extent,be held invalid or unenforceable,the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 9.10 Priority of Interpretation. In the event of any conflict between the terms and conditions of this Agreement and the Direct Incentive Program, the terms and conditions of this Agreement shall prevail. 9.11 Headings. Headings herein are for convenience of reference only and shall not be considered in any interpretation of this Agreement. 9.12 Insurance. All parties hereto understand and agree that the CRA does not intend to purchase property insurance in connection with this Project. 9.13 Binding Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the CRA and the Developer(or in any representative capacity) as applicable, has full right and lawful authority to execute this Agreement and to bind and Page 11 of 15 obligate the party for whom or on whose behalf he or she is signing with respect to all provisions contained in this Agreement. Section 10. Recordins. 10.1 This Agreement may be recorded in the Public Records of Palm Beach County, Florida. 10.2 Any obligation so created by this Agreement shall be effective as a lien only upon the recording of such lien and shall be subordinate to any mortgage applicable to such property. Notwithstanding the foregoing, nothing herein contained shall be construed as creating an obligation hereunder upon any mortgagee or holder of other security interest including deed of trust prior to said Mortgagee or holder acquiring title by foreclosure or otherwise. 10.3 Nothing contained in this Amendment shall be deemed to be a right in favor of, or a duty to, the general public or any tenant occupant, invite, trespass or person or entity of any other status or classification for any reason, use or purpose whatsoever, whether public or private, it being the intention of the parties hereto that nothing in this Agreement, expressed or implied, shall confer upon any person or entity any such right or duty. Rights granted to, or duty in favor of, a third party beneficiary are neither intended nor granted. 10.4 CRA Specifically grants to Developer the right to obtain a mortgage for the development, construction and ownership of the Project. CRA understands, acknowledges and agrees that this Agreement, including but not limited to the Restrictive Covenant Agreement contemplated by Section 7, and each and every other obligation, term and condition of this Agreement is subordinate to such mortgage, its modifications and amendments, changes or replacements, and for all purposes, such mortgage shall be, and treated as, prior in right and time to this Agreement. CRA shall, if requested, execute such additional documents in recordable form as may be necessary or convenient to evidence this promise and pro`ision. Section 11. Total or Partial Destruction. 11.1 If the Project shall be damaged by fire, the elements, unavoidable accident or other casualty, so that compliance in any material respects by the Developer with the agreed upon gold rating national green building standards as set forth in this Agreement is impossible, interrupted or frustrated, or if as a result of such damage by fire, the elements, unavoidable accident or other casualty, the obligations, terms and conditions of this Agreement cannot be carried out by the Developer, the Agreement shall nonetheless remain in full force and effect so long as the Developer commences within thirty (30) days of the event restoration and repairs and diligently pursues such repair and/or restoration until completion. It is understood, acknowledged and agreed that in the event of damage that exceed the normal and customary insurance deductable of the Developer that Developer must apply for and then receive insurance proceeds in order to commence restoration and repair. So long as the Developer timely applies for and is diligently pursuing the receipt of such insurance proceeds, Developer shall have complied with the preceding requirement provided such repairs and restoration are completed within six (6) months of the dates of the event. In the event of a natural disaster, Act of God or similar major catastrophe the parties acknowledge, understand and agree that performance as to repair or restoration may not be possible within the time frames stated above and the Developer shall be given such time as is reasonable to commence repairs and restoration and to complete same. During the period that the Project is being repaired and restored, the CRA shall have no obligation to disburse Pledged Project Increment Revenues. Page 12 of 15 11.2 This Section 11 shall be paramount to all other provisions of this Agreement, including but not limited to Section 4 and Section 8. [SIGNATURES ON FOLLOWING PAGES] Page 13 of 15 IN ESS OF THE FOREGOING, the parties have set their hands and seals the day and year first above written. WITNESSES GULFSTREAM GARDENS,LLC a Florida limited 1' laity company By: Print Name: 1 Print Name: Title: c Print N STATE OF FLORIDA ) SS: COUNTY OF CC BEFORE ME, ancer duly authorized by law to administer oaths and take acknowledgments, personally appeared as r of GULFSTREAM GARDENS, LLC, and acknowledged under oath that he/she has exe6uted the foregoing Agreement as the proper official of GULFSTREAM GARDENS, LLC, for the use and purposes mentioned herein and that the instrument is the act and deed of GULFSTREAM GARDENS, LLC. He/she is. lmown to mee�r 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 y of_ 2012. My Commission Expires: Notary Public, State of Florida at RIPE COF_trlN rvoTARr PUBLIC STATE OF FLORIDA com EE17'0321 Expires 2/15/2U 16 [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [CITY SIGNATURE ON FOLLOWING PAGE] Page 14 of 15 WITNESSES BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Print ame: Woodrow Hay, CRA Chairman Print Name: STATE OF FLORIDA ) SS: COUNTY OF PALM BEACH ) BEFORE ME, an officer duly authori ed by law to admi 'ser oaths and take acknowledgments, personally appeared rk7pft as _ of BOYNTON BEACH COMMUNITY REDEVELOPM A ENCY, and acknowledged under oath that he/she has executed the foregoing Agreement as the proper official of BOYNTON BEACH COMMUNITY CRED= AGENCY, for the use and purposes mentioned herein and that the instrument is the d of B ON BEACH COMMUNITY REDEVELOPMENT AGENCY. He/she is personally known to me or as produced as identification. ITNESS OF FOREG ING, I have set my hand and official seal at in the State and County aforesaid on this day of 2012 "X My Commission Expires: otZT Public, State of Florida at Large THERESA UTTERBACK ® My Comm.Exphs Jan 11,2014 951135 •, l it Wy n. Page 15 of 15 Exhlbit "A' Phase 1 ALL OF GULFSTREAM GARDENS,ACCORDING TO THE PLATTHEREOF AS RECORDED IN PLAT BOOK 107,PAGES 175 AND 176, OF THE PUBLIC RECORDS OF PALM BEACHCOUNTY, FLORIDA. SAID LANDS LYING IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, CONTAINING 673,459.95 SQUARE FE (15.461 ACRES),MORE OR LESS. Exhibit ®. " Phase I ESTIMATED PLEDGED PROJECT INCREMENT REVENUE CALCULATION WORKSHEET Value of the Project prior to Redevelopment(BASE YEAR) 2011 PCN 08-43-46-04-37-001-0010 $ 450,000 PCN 08-43-46-04-37-001-0020 $ 1,515,000 PCN 08-43-46-04-37-001-0030 $ 135,000 PCN 08-43-46-04-37-001-0040 $ 1,020,000 TOTAL $ 3120 000 Value of the Project after Redevelopment(308 units@ $85,000 each) $ 26,180,000 ($85,000 based on Las Ventanas assessed value) Project Increment $ 23,060 000 TIF Revenue=(95%of Project Increment X(City Millage f County Millage) City Millage Rate* 0.0071941 City TIF Contribution=95%of Project Increment X City Millage $ 157,601 County Millage Rate* 0.0047815 County Contribution=95%of Project Increment X County Millage $ 104,748 *Millage Rates are set annually by the City and County as part of their respective budget processes. Annual TIF Revenue created by Project $ 262,349 Incentive Award=Award Factor X TIF Revenue created by Project Award Factor 50% Total Estimated Pledged Project Increment Revenue to Developer(Annually) $ 131,175 Total Remaining with CRA $ 131,175 Years of Pledged Revenue $ 10 Estimated Total Pledged Project Increment Revenue Over Tenn $ 1,311,747 NOTES: The developer incentive ay.and calculations are based on City and County millage rates that are adjusted annually and finalized by September 30 of each year. EXHIBIT "C" VEMWATMREPORT-MATO"OMM RULMW 4rrMMM �rrr��ec wMwMAdMMw zpcMbduo= owdualkinkM L=l ,e,ate 2 11011MI r"Mile "Pt , ., MiI1S11olkMkilid 4 4 WA Mia ! d 0 li! 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RECITALS: WHEREAS, as part of its strategy to "encourage large-scale projects,which define new markets, quality, innovation and character in the CRA area" the CRA has adopted a Direct Incentive Program dated March 22,2004(hereinafter the"Direct Incentive Program"); and WHEREAS, this Agreement pertains to Direct Incentive funding for that certain project currently referred to as Seabourn Cove Phase II, City File No. NWSP 12-001, located on property further described on Exhibit"A"within the CRA boundaries; and WHEREAS, at the March 13, 2012 meeting of the CRA Board, the CRA Board of Directors (hereinafter "CRA Board") by appropriate action made the Project eligible for 50% of the maximum incentive permissible under the Direct Incentive Program, subject to approval of a mutually acceptable Direct Incentive Funding Agreement(i.e.,this Agreement); and WHEREAS, this Direct Incentive Funding Agreement is not intended to be a "Development Agreement"within the meaning of Florida Statutes, Section 163.3221; and WHEREAS, at its March 13, 2012 meeting, the CRA Board approved this Direct Incentive Funding Agreement. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements herein contained and other good and valuable consideration, the receipt of which is hereby acknowledged, it is agreed herein between the parties as follows: Section 1. Recitals. The foregoing recitals are true and correct at the time of the execution of this Direct Incentive Funding Agreement and are incorporated herein. Section 2. Definitions. As used in this Direct Incentive Funding Agreement, the following terms shall have the following meanings: "Affiliate"means a company or corporation that the Developer maintains any ownership interest in. Page 1 of 15 "Agreement" means this Direct Incentive Funding Agreement and all exhibits and attachments thereto, as any of the same may hereafter be amended from time to time. "Base Value" means the assessed value of the Project as determined by the Palm Beach County Property Appraiser prior to construction of the improvements and as reflected in Exhivit "B" attached hereto. "Certification" means the credential or process for the National Association of Home Builders Research Center which issues National Green Building Certification to all types of residential construction; new or remodeled single-family homes, new or remodeled multifamily buildings, and residential land developments that meet the criteria of the ICC 700-2008 National Green Building Standard. "City"means the City of Boynton Beach,Florida. "Commence" or "Commencement" as such terms relate to the commencement of construction of the Project as required hereunder, means the issuance by the City of the permit required for the commencement of vertical construction and the commencement of such vertical construction pursuant to and in accordance with such permit. "Developer" means Gulfstream Gardens Phase II, LLC and any assignee or transferee of Gulfstream Gardens Phase 11, LLC that is permitted under this Agreement, from and after the date of such permitted assignment or transfer. "Electric Vehicle or EV Charging Station" means an electric recharging point, charging point and EVSE (Electric Vehicle Supply Equipment), that supplies electric energy for the recharging of electric vehicles or plug-in hybrid electric-gasoline vehicles. "Gold Rating National Green Building Standard"The National Association of Home Builders' (NAHB) Green Building Program based upon American National Standard Institute approved ICC 700- 2008 National Green Building Standard, The Standard defines green building for single- and multifamily homes, residential remodeling projects, and site development projects while still allowing for the flexibility required for regionally-appropriate best green practices. To comply with the Standard, a builder or remodeler must incorporate a minimum number of features in the following areas: lot and site development; energy, water, and resource efficiency; indoor environmental quality; and home owner education. The Gold Rating requires 558 Performance Point inclusive of 100 "Additional Points" under the program. "Pledged Project Increment Revenues" means the variable disbursement to the Developer equal to 50% of the Project Increment Revenues. An example of how the Pledged Project hlcrement Revenues are calculated is shown in Exhibit"B". "Project" means that certain land development project currently referred to as Seabourn Cove, Phase IZ, City File No. NWSP 12-001, located on property further described on Exhibit L°A" within the CRA boundaries. "Project Increment Revenues" means the amount deposited in the Redevelopment Trust Fund for the Redevelopment Area pursuant to Florida Statutes, Section 163.387, which is attributable to the Project. "Property"means the real property described on Exhibit"A". Page 2 of 15 "Redevelopment Area"means those areas within the limits of the City which have been declared blighted in accordance with the provisions of Florida Statutes, Chapter 163,Part III. "Redevelopment Trust Fund" means the trust fund established pursuant to Section 163.387, Florida Statutes for the deposit of incremental revenues attributable to the Redevelopment Area. "Site Plan"means the site plan for the Project, a copy of which is attached hereto as Exhibit"E" approved by the City of Boynton Beach on March 20,2012. "Systems Audit" means a review of the National Green Building Standard checklist from original inspections and certification of the units to confirm ongoing compliance, blower door testing to confirm readings are in compliance with original testing and duct blaster testing to confirm readings are in compliance with original testing. "Substantial Completion" or "Substantially Complete" means the completion of 90% of the Project's units, as evidenced by issuance of a certificate of occupancy for such units. "Tax Collector"means the duly elected tax collector for Palm Beach County,Florida. "Tax Roll" means the real property ad valorem assessment roll maintained by the Property Appraiser for the purpose of the levy and collection of ad valorem taxes. "Unit"means a single residential dwelling within the Project. "Unit Type"means a Type I(A),H(B, C,D) or III(B, C,D) designation based on the unit floor plan approved in the Site Plan. Section 3. Effective Date. This Agreement shall be effective on the date that the last party to sign executes this Agreement(hereinafter"Effective Date"). Section 4. Developer's Obligations—Construction. 4_1 Developer agrees to construct the units for the Project as described in the Site Plan and to obtain the Gold Rating of the National Green Building Standard as set out therein. The Site Plan may be modified from time to time by Developer in accordance with and pursuant to the Code of Ordinances of the City of Boynton Beach; provided, however, that the Developer shall not have the right to reduce the number of residential units, reduce the energy efficiency of the units, eliminate the EV Charging Station or to make any other change which would substantially reduce the taxable value of the Project without the prior approval of the CRA. "Substantially" as used in this Section means any change that would require a major Site Plan Modification from the City of Boynton Beach. 4.2 Convicted Vendor List. As provided in F.S. 287.132-133, by entering into this Agreement or performing any work in furtherance hereof, Developer certifies that it, and its affiliates, contractors, sub-contractors or agents who will perform hereunder, have not been placed on the Convicted Vendor List maintained by the State of Florida Department of Management Services within thirty-six(36)months immediately preceding the Effective Date. Section 5. Certification Requirements. The Project has been modeled to obtain a Gold Rating under the National Green Building Standard. As a condition precedent to its receipt of any funds pursuant to this Agreement, the Developer and its successors or assigns, shall provide evidence that the Page 3 of 15 units have received a Gold Rating under the National Green Building Standard. The Developer shall also provide third party verification that the units comply with the standards for the Gold Rating pursuant to the National Green Building Standard for the duration of Direct Incentive Funding Agreement. Implementation of the Certification requirements shall be as follows: 5_1 Certification and Occupant Education, 5.1.1 Gold Rating Standard. Developer has prepared a "Designer's Report" attached hereto as Exhibit "C" outlining the necessary components for compliance with the ICC-700 rating system and practices required under the National Green Building Standard to receive a Gold Rating. This will require a level of Gold for each section inclusive of 100 "Additional Points" available under the program. Certification that this standard is met will be accomplished through the National Association of Home Builders Resource Center as overseer of the program at the Developer's expense. 5.1.2 Initial Certification. The Developer will provide evidence of certification meeting the Gold Rating of the National Green Building Standard including two inspections for each apartment including a pre-drywall and final inspection. A detailed checklist will be created and all the components and practices will be listed to show individual unit compliance with the Gold Rating. The checklists and reports shall be submitted to the City's Development Services Department within fifteen(15) days of completion. 5.1.3 Occupant Manuals and Training. The Developer shall produce and distribute a building occupant's manual identifying the green attributes of each unit and the Project. This manual shall also include any manufacturer's information or product data for equipment, fixtures, and appliances. Through the manual, occupants will be familiarized with the green building practices implemented and the impact of occupants' activities on costs of operating the building. The manual shall include a narrative detailing the importance of constructing a green building, including a list of green building attributes included in the building; the green building program certificate (copy of the National Green Building Standard or sometimes referred to as the "NGBS") with measures achieved and the warranty, operation, &maintenance instructions for all equipment, fixtures, appliances, & finishes as per requirements of Chapter 10 of the Designers Report of NGBS. Training will also be provided regarding all equipment operation and control systems at the cost of the Developer. 5.1.4 Installation and Maintenance of Electric Vehicle Charging Stations. The Developer shall install at the Project two Electric Vehicle Charging Stations. Proof of installation of the EV Stations shall be submitted to the City's Development Department upon completion of the Project. Developer or its assigns shall be responsible for the electrical expense and maintenance of the EV charging stations throughout the term of this Agreement. 5_2 Non-Discrimination. The Developer, its successors and assigns, agree that no person shall on the grounds of race, color, disability, national origin, religion, age, familial status, sex, or sexual orientation be subjected to discrimination in the lease of any Units provided for in this Agreement. Should such discrimination occur, the CRA will provide notice to the Developer of a breach of this condition and thereafter, Developer has 15 days to demand arbitration as to the claim of discrimination. The parties will then mutually agree to an arbitrator and if they cannot agree, the auspices of the American Arbitration Association will govern. This arbitration is independent of any other actions being taken by other agencies. However, a finding by any other agency or court that such discrimination has occurred may be relied upon by the CRA as conclusive proof of a breach of this provision. If Developer does not demand arbitration within fifteen(15) days, or if arbitration is conducted and it is determined by the arbitrator that discrimination occurred, the CRA shall have the right to terminate this Agreement and Page 4 of 15 pursue any and all other lawful remedies.The cost of such arbitration shall be borne by the non-prevailing party. Such non-prevailing party shall be determined by the arbitrator. 5_3 Systems Auditing. Prior to receiving any annual allotment of incentive grant funds, Developer shall provide written evidence, at its sole cost and expense, satisfactory to the CRA in its sole discretion, of continued compliance in all material respects by the Developer with all agreed upon Gold Rating National Green Building standards set forth in this Agreement. On an annual basis, the Developer will perform a systems audit on fourteen (14) Units each year for the next ten (10) years as evidence that the Units continue to meet the Gold Rating of the National Green Building Standard and ensure that the EV Charging stations are in working order. This auditing process is based on the schedule attached and contained within Exhibit"D'. 5.3.1 This systems audit shall be conducted by an independent auditor, selected and paid for by the Developer with the approval of the CRA. 5.3.2 The examinations and opinions required under this Section must be conducted in accordance with the definition of systems auditing contained in Section 2 of this Agreement. 5.3.3 The auditing Reports will be transmitted to the City's Development Services Department on an annual basis for duration of the Agreement indicating the units' compliance with the Gold Rating of the National Green Building Standard. Each annual performance audit must be submitted to the CRA no later than the last day of April for the preceding year. The CRA shall accept the audit or, should it make the determination that there are deficiencies with the audit and/or documentation for the audit, shall so notify the Developer in writing, within twenty (20) days of receipt of Audit Report. In the event of notification of deficiencies by the CRA, distribution of funding shall be suspended until resolution of the dispute regarding compliance. 5.3.4 Disbursement of Direct Incentive Program Funds shall occur upon (1) the CRA's acceptance of a properly documented and supported audit Report by the CRA Board, (2) final certification of tax assessments within the CRA District by the Palm Beach County Property Appraiser for the preceding year, and(3) documents evidencing payment by the Developer of ad valorem taxes for the preceding year. 5_4 Inspection. Upon ten(10) business days prior written notice and at any time during normal business hours and as often as the CRA deems necessary, there shall be made available by the Developer to the CRA for examination, all of its records with respect to all matters covered by this Section. The CRA reserves the right to require copies of such records and/or to conduct an inspection of the Developer's records regarding performance measures at any time for any period covered by this Section of the Agreement, all at the CRA's cost and expense. Any delay in the production of documents requested by the CRA shall toll the CRA's time for review of a request for distribution of funds. 5.5 Non-Compliance. In any year in which the systems audit discloses that Developer is in non-compliance in any material respect with Gold Rating of the National Green Building Standard, the Developer may be deemed in default and the CRA will be entitled to the remedies set forth in Section 8 below. After the exhaustion of all opportunities to cure available to Developer as set forth in Section 8, then at the option of the CRA, the Direct Incentive Funding for the Developer may be reduced as follows: 5.5.1 If after the annual audit determines that any of the units have fallen below the Gold Rating, and Developer has had the opportunity to cure under Section 8 below, the CRA shall withhold the annual Pledged Project Increment Revenue payment. Page 5 of 15 5.5.2 Exceeding the agreed upon requirements of the Gold Rating of the National Green Building Standard in any given subject year shall not entitle the Developer to additional funding under this Agreement or to a credit or set-off against any reduction in funds due to failure to meet the Gold Rating of the National Green Building Standard hereunder. Section 6. Direct Incentive Funding. The direct incentive funding provided for under this Agreement is granted to the Developer for the purpose of offsetting, in part, the DeveIoper's cost of maintaining the energy efficiency improvements and/or programs within the Project. 6.1 Direct Incentive FundinLr Formula and Term. The CRA hereby agrees to direct fund, that is, to pledge and assign to Developer for a period of ten (10) consecutive years, as provided herein, an annual amount which equals the Pledged Project Increment Revenues less any amounts deducted pursuant to the terms of Section 5 above due to the failure of the Developer to comply with the Gold Rating of the NGBS. 6.2 Commencement and Conditions of Funding. The ten (10) year term for the receipt of incentive funding shall commence in the year that the following conditions are met: A. The Project is Substantially Complete; B. The completed improvements of the Project have been placed on the Tax Roll; C. The CRA has received Project Increment Revenues from such improvements; D. Systems Audit Report is received and found acceptable by the City and CRA; and E. An annual report is made to the CRA Board by the Developer of the status of the project at the next regularly scheduled meeting of the Board. 6.3 Disbursement of Funds. Subject to the conditions provided herein, the Pledged Project Increment Revenues shall be disbursed to the Developer upon (1) the CRA's acceptance of a property documented and supported audit Report, (2) final certification of tax assessments within the CRA District by the Palm Beach County Property Appraiser for the preceding year, and (3) documents evidencing payment by the Developer of ad valorem taxes for the preceding year. There is no obligation by the CRA to disburse the Pledged Project Increment Revenue during the cure period or if the Developer is in default of this Agreement. 6`4 No Pledge of Pledged Project Increment Revenues. The CRA warrants and represents that the Pledged Project Increment Revenues are not the subject of any prior pledge by the CRA and agrees that such revenues shall not be assigned, pledged, hypothecated or secured by the CRA for the period covered by term of this Agreement. 6.5 Subordination. Any Pledged Project Increment Revenue of the CRA pursuant to this Agreement is subordinate to the pledge of the tax increment revenue given to secure the CRA's Tax Increment Revenue Bonds pursuant to Resolution No. 04-04, adopted December 6,2004, as amended and supplemented. Page 6 of 15 Section 7. Restrictive Covenant. Upon completion of the improvements of the Project and prior to the issuance of final certificates of occupancy by the City, the Developer shall create a Restrictive Covenant Agreement meeting the requirements outlined in this Agreement. The Restrictive Covenants shall be approved by the CRA which shall not be unreasonably withheld or delayed or conditioned. Such documents, which shall be recorded, shall contain restrictive covenants which shall include,at least,the following terms: 7_1 Certification Restrictive and Occupant Manual Covenants. The restrictive covenants governing Certification shall include the following: 7.1.1 All units shall be certified to achieve the Gold Rating of the National Green Building Standard and no restrictions shall be adopted which prohibit or limit the ability to achieve or maintain that standard. Two EV Charging Stations shall also be placed on site as reflected on Exhibit «E 7.1.2 A manual identifying the green attributes of each unit and the Project shall be maintained to familiarize building occupants with the green building practices implemented and the impact of occupants' activities on costs of operating the building. Training will also be provided regarding all equipment operation and control systems at the cost of the Developer. 7.1.3 The Restrictive Covenants shall terminate at such time as this Agreement terminates pursuant to this Agreement, including but not limited to Section 4 and Section 8, 7_2 Systems Auditine Restrictive Covenants. The restrictive covenants governing the Systems Auditing shall contain the following: 7.2.1 On an annual basis, the Developer will perform a systems audit on fourteen (14) Units each year for the next ten (10) years as evidence that the Units continue to meet the Gold Rating of the National Green Building Standard and ensure that the EV Charging stations are in working order. This auditing process is based on the schedule attached and contained within Exhibit «D99 7.2.2 The Developer shall have the right to access the audited units to complete the Systems Audits described herein for the duration of this Agreement. 7.2.3 The Developer shall provide the Systems Audit Report to the City's Development Services Department on an annual basis, beginning April 30th in the year in which funding begins pursuant Section 6.2 and no later than April 30th of each year thereafter for duration of this Agreement indicating the units' compliance with the Gold Rating of the National Green Building Standard. Section 8. Events of Default Remedies and Termination. 8_1 Default. Upon the occurrence of any one or more of the following events, all obligations of the CRA to disburse further fluids under this Agreement shall terminate at the option of the CRA. Notwithstanding the preceding sentence, CRA may at its option continue to make payments or portions of payments after the occurrence of one or more of such events without waiving the right to exercise such remedies and without incurring liability for further payment. The CRA may at its option terminate this Agreement and any and all funding under this Agreement upon occurrence of any one or more of the following: Page 7 of 15 8.1.1 Any representation by the Developer or its agents or representatives in or in connection with this Agreement or the Direct Incentive Program Application is inaccurate or incomplete or false in any material respect. 8.1.2 The vacating, abandoning, or closing of the Developer's business except for a permitted assignment or transfer of such corporate entity. 8.1.3 The failure of the Developer to observe or perform any of the terms, covenants, conditions, obligations, or provisions of this Agreement in any material respect to be observed or performed by the Developer or such failure continues for a period of thirty (30) days after written notice thereof from the CRA to the Developer provided,however,that if the nature of Developer's default is such that more than thirty (30) days are reasonably required for its cure, then Developer shall not be deemed to be in default if Developer commenced such cure within said 30-day period and thereafter diligently pursues such cure to completion. 8.1.4 The making by Developer of any general assignment, or general arrangement for the benefit of creditors; 8.1.5 The filing by or against Developer of a petition to have the Developer adjudged bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy unless, in the case of a petition filed against the Developer,the same is dismissed within sixty(60)days; 8.1.6 Appointment of a trustee or receiver to take possession of substantially all of Developer's assets,where possession is not restored to Developer within sixty(60)days; or 8.1.7 The attachment, execution or other judicial seizure of substantially all of Developer's assets where such seizure is not discharged within thirty(30)days. 8.1.8 Should the Site Plan or building permit expire at any time, and within sixty (60) days thereof and Developer does not apply a for a renewal or extension, then this Agreement shall terminate and be of no further force and effect. 8.1.9 Should the Developer modify the Site Plan without approval from the City then this Agreement shall terminate and be of no further force and effect. 8_2 Remedies. Upon the occurrence of any one or more of the foregoing events set forth in Section 8.1, CRA shall at its option, give notice in writing to the Developer to cure its failure of performance if such failure may be cured. Upon the failure of Developer to cure within (90) days, CRA may exercise any one or more of the following remedies: 8.2.1 Terminate this Agreement upon not less than fifteen(15) days notice, by certified letter to the Developer at the address specified in Section 9.5 of this Agreement, such notice to take effect when delivered to the Developer. 8.2.2 Commence a legal action for the judicial enforcement of this Agreement. 8.2.3 Withhold the disbursement of any payment or any portion of a payment. 8.2.4 Take any other remedial actions that may otherwise be available under law. Page 8 of 15 8_3 Attorney's Fees and Costs. In any judicial action arising from this Agreement the prevailing party shall be entitled to an award of its reasonable attorney's fees and costs, at both the trial and appellate levels, from the non-prevailing party. 8_4 Law and Remedy. This Agreement shall be governed by the laws of the State of Florida Venue of any and all legal actions arising from this Agreement shall be in Palm Beach County, Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy,and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder, shall preclude any other or further exercise thereof. 8_5 Strict Performance. No failure by either party to insist upon strict performance of any covenant, agreement, term or condition of this Agreement or to exercise any right or remedy available to such party by reason of the other party's Default and no payment or acceptance of full or partial payments of amounts due under this Agreement during the continuance(or with CRA's knowledge of the occurrence) of any Default or Event of Default, shall constitute a waiver of any such Default or Event of Default or of such covenant, agreement,term, or condition or of any other covenant, agreement, term, or condition. No waiver of any Default shall affect or alter this Agreement, but each and every covenant, agreement, term and condition of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent Default. Payment by either party of any amounts due under this Agreement shall be without prejudice to and shall not constitute a waiver of any rights against the other party provided for under this Agreement or at law or in equity. One party's compliance with any request or demand made by the other party shall not be deemed a waiver of such other party's right to contest the validity of such request or demand. All the terms, provisions, and conditions of this Agreement and the restrictive covenants shall inure to the benefit of and be enforceable by the parties hereto and their respective successors and assigns. The Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that both parties have contributed substantially and materially to the preparation of the Agreement and the restrictive covenants. 8.6 Remedies Under Bankruptcy and Insolvency Codes. If an order for relief is entered or if any stay of proceeding or other act becomes effective against Developer or in any proceeding which is commenced by or against Developer under the present or any future federal bankruptcy code or in a proceeding which is commenced by or against Developer, seeking a reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any other present or future applicable federal, state or other bankruptcy or insolvency statute or law, CRA shall be entitled to invoke any and all rights and remedies available to it under such bankruptcy or insolvency code, statute or law or this Agreement. $_7. Termination. The obligations of Developer and CRA shall terminate upon the earlier of(i) expiration of the Project Increment Revenues payments to Developer as provided in Section 6 above as a result of the expiration of the agreed upon payment periods; or(ii) failure by the Developer to complete the Project before June 1, 2014,unless extended as provided therein. Section 9. General Conditions. 9_1 CRA's Maintenance of Records and Annual Account Funding. Commencing with the Effective Date, the CRA shall maintain and administer separate financial records which reflect terms of this Agreement. Such records shall clearly document for the benefit of the Page 9 of 15 CRA and the Developer,the Base Year amount and the annual revenue collected by the CRA attributable to the Project and the annual amounts owing and paid under this Agreement. 9.22 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. Prior to Substantial Completion of the Project, this Agreement may not be assigned by the Developer without the prior written consent of the CRA. After Substantial Completion this Agreement may be transferred by the Dev=eloper; provided, however, that any assignee thereto shall specifically assume all of the obligations of the Developer under this Agreement.Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the CRA, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the CRA and the Developer. In the event that the CRA determines that the Developer is in violation of this paragraph, the CRA shall have the right to terminate this Agreement and to seek repayment of the funds paid by the CRA to the Developer. Notwithstanding anything to the contrary contained in this section, prior to the issuance of the Certificate of Occupancy, Developer may assign this Agreement to an affiliate of Developer with the consent of CRA, such consent not to be unreasonably withheld. Such assignment shall not relieve the Developer of any of its obligations or duties as set forth herein. After the issuance of the Certificate of Occupancy, Developer may assign this Agreement to an affiliate of Developer without the consent of but with at least 10 days notice to CRA. 9_3 No Brokers. CRA and Developer each represents to the other that it has not dealt with any broker, finder, or like entity in connection with this Agreement or the transactions contemplated hereby, and each party shall indemnify the other against any claim for brokerage commissions, fees, or other compensation by any person alleging to have acted for or dealt with the indemnifying party in connection with this Agreement or the transactions contemplated hereby. 9_4 Indemnification and Hold Harmless. The Developer agrees to protect, defend, reimburse, indemnify and Bold the CRA, its agents, employees and elected officers and each of them, free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of every kind and character (sometimes collectively "Liability") against and from the CRA which arise out of this Agreement, except to the extent that any of the Liability results from the negligence or willful misconduct of the CRA. The Developer recognizes the broad nature of this indemnification and hold harmless clause, and voluntarily makes this covenant and expressly acknowledges the receipt of good and valuable consideration provided by the CRA in support of this clause in accordance with the laws of the State of Florida. This paragraph shall survive the termination of the Agreement. 9_5 Notices and other Communications. Whenever it is provided herein that notice, demand, request, consent, approval or other communication shall or may be given to, or served upon, either of the parties by the other (or any recognized mortgagee), or whenever either of the parties desires to give or serve upon the other any notice, demand, request, consent, approval or other communication with respect hereto or to the Project, each such notice, demand,request, consent, approval or other communication (referred to in this Section 9.5 as a"Notice") shall be in writing (whether or not so indicated elsewhere in this Agreement) and shall be effective for any purpose only if given or served by (i) certified or registered United States Mail, postage prepaid, return receipt requested, (ii) personal delivery with a signed receipt or(iii) a recognized national courier service,addressed as follows: If to Developer: Gulfstream Gardens Phase II,LLC 601 Bayshore Boulevard, Suite 650 Tampa,Florida 33606 Page 10 of 15 H to CRA: Boynton Beach Community Redevelopment Agency 710 N.Federal Highway Boynton Beach,Florida 33435 With a copy to: James Cherof Goren, Cherof,Doody&Ezrol 3099 East Commercial Boulevard,Suite 200 Fort Lauderdale,FL 33308 Tel: 954-7714500 Fax: 954-7714923 9.5.1. Any Notice may be given in a manner provided in this Agreement on either party's behalf by its attorneys designated by such party by Notice hereunder. 9.5.2. Every Notice shall be effective on the date actually received, as indicated on the receipt therefore,or on the date delivery thereof is refused by the intended recipient. 9_6 Time is of the Essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement. 9_7. Entire Agreement. The CRA and Developer agree that this Agreement sets forth the entire agreement between the parties and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to,modified, superseded, or otherwise altered, except by written instrument executed by the parties hereto. 9_8 Exhibits. Each Exhibit referred to in this Agreement forms an essential part of this Agreement. Any Exhibit not physically attached shall be treated as part of this Agreement and are incorporated herein by reference. 9_9 Severability. If any provision of this Agreement or application thereof to any person or situation shall,to any extent,be held invalid or unenforceable,the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect,and be enforced to the fullest extent permitted by law. 9.10 Priority of Interpretation. In the event of any conflict between the terms and conditions of this Agreement and the Direct Tncentir a Program, the terms and conditions of this Agreement shall prevail. 9.11 Headings. Headings herein are for convenience of reference only and shall not be considered in any interpretation of this Agreement. 9.12 Insurance. All parties hereto understand and agree that the CRA does not intend to purchase property insurance in connection with this Project. 9.13 Binding Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the CRA and the Developer(or in any representative capacity) as applicable, has full right and lawful authority to execute this Agreement and to bind and Page 11 of 15 obligate the party for whom or on whose behalf he or she is signing with respect to all provisions contained in this Agreement. Section 10. Recordini. 10.1 This Agreement may be recorded in the Public Records of Palm Beach County, Florida. 10.2 Any obligation so created by this Agreement shall be effective as a lien only upon the recording of such lien and shall be subordinate to any mortgage applicable to such property. Notwithstanding the foregoing, nothing herein contained shall be construed as creating an obligation hereunder upon any mortgagee or holder of other security interest including deed of trust prior to said Mortgagee or holder acquiring title by foreclosure or otherwise. 10.3 Nothing contained in this Amendment shall be deemed to be a right in favor of, or a duty to,the general public or any tenant occupant, invite, trespass or person or entity of any other status or classification for any reason, use or purpose whatsoever, whether public or private, it being the intention of the parties hereto that nothing in this Agreement, expressed or implied, shall confer upon any person or entity any such right or duty. Rights granted to, or duty in favor of, a third party beneficiary are neither intended nor granted. 10.4 CRA Specifically grants to Developer the right to obtain a mortgage for the development, construction and ownership of the Project. CRA understands, acknowledges and agrees that this Agreement, including but not limited to the Restrictive Covenant Agreement contemplated by Section 7, and each and every other obligation, term and condition of this Agreement is subordinate to such mortgage, its modifications and amendments, changes or replacements, and for all purposes, such mortgage shall be, and treated as, prior in right and time to this Agreement. CRA shall, if requested, execute such additional documents in recordable form as may be necessary or convenient to evidence this promise and provision. Section 11. Total or Partial Destruction. 11.1 If the Project shall be damaged by fire, the elements, unavoidable accident or other casualty, so that compliance in any material respects by the Developer with the agreed upon gold rating national green building standards as set forth in this Agreement is impossible, interrupted or frustrated, or if as a result of such damage by fire, the elements, unavoidable accident or other casualty, the obligations, terms and conditions of this Agreement cannot be carried out by the Developer, the Agreement shall nonetheless remain in full force and effect so long as the Developer commences within thirty (30) days of the event restoration and repairs and diligently pursues such repair and/or restoration until completion. It is understood, acknowledged and agreed that in the eNent of damage that exceed the normal and customary insurance deductable of the Developer that Developer must apply for and then receive insurance proceeds in order to commence restoration and repair. So long as the Developer timely applies for and is diligently pursuing the receipt of such insurance proceeds, Developer shall have complied with the preceding requirement provided such repairs and restoration are completed within six (6) months of the dates of the event. In the event of a natural disaster, Act of God or similar major catastrophe the parties acknowledge, understand and agree that performance as to repair or restoration may not be possible within the time frames stated above and the Developer shall be given such time as is reasonable to commence repairs and restoration and to complete same. During the period that the Project is being repaired and restored, the CRA shall have no obligation to disburse Pledged Project Increment Revenues. Page 12 of 15 11.2 This Section 11 shall be paramount to all other provisions of this Agreement, including but not limited to Section 4 and Section 8. [SIGNATURES ON FOLLOWING PAGES] Page 13 of 15 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first above written. WITNESSES GULFSTREAM GARDENS PHASE H,LLC a Florida limited i ility company By: Print Name: Print Name: C Title: R �r - Print N e: ij STATE OF FLORIDA ) SS: COUNTY OF C ) BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared ,1�, rfA t nu--r 0 _ as of GULFSTREAM GARDENS, LLC, and acknowledged under oath that he/she has Vxecuted the foregoing Agreement as the proper official of GULFSTREAM GARDENS PHASE II, LLC, for the use and purposes mentioned herein and that the instrument is the act and deed of GULFSTREAM GARDENS PHASE H, 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 "t y of , 2012. CATHERINE COLLIN MNOTARY PUBLIC STATE OF FLORIDA C0mff*EE170V1 My Commission Expires:- "1`a Notary Public, State of Florida at L Expires 21f5/2016 [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [CITY SIGNATURE ON FOLLOWING PAGE] Page 14 of 15 WITNESSES BOYNTON BEACH CO IT REDEVELOPMENT AGENCY By Print Name: Woodrow Hay, CRA Chairman Print Name: Jf STATE OF FLORIDA ) SS: COUNTY OF PALM BEACH ) BEFORE ME, an office duly aut rized by law to aister joaths and take acknowledgments, personally appeared �' as of BOYNTON BEACH COMMUNITY REDEVELOPMENT GENCY, 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 d dead of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY. He/she is rsonally known to has produced as identification. IN WITNE F FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this day of ,2012 I'd"-14 My Commission Expires: Notary Public, State of Florida at Large • 11,2014 1185 r"® AmM TWough Monal Nolary Asan. Page 15 of 15 Exhibit A Phase 11 RECORDS OF PALM BEACH COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF RIGHT-0F-WAY OF MILLER ROAD,AS SHOWN ON THE PLAT OF KILLIAN'S PARK,ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 23,PAGE 195,OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA.DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 6 OF SAID KILLIAN'S PARK; THENCE EAST ALONG THE NORTH RIGHT-OF-OF WAY LINE OF SAID MILLER ROAD, A DISTANCE OF 450.00 FEET; THENCE SOUTH 06°33'15'WEST ALONG THE EAST RIGHT-CIF-WAY LINE OF MILLER ROAD,A DISTANCE OF 30.34 FEET; THENCE WEST ALONG THE SOUTH RIGHT-OF-WAY LINE OF MILLER ROAD,A DISTANCE OF 445.49 FEET; THENCE NORTH,A DISTANCE OF 30{}0 FEET,TO THE POINT OF BEGINNING. SAID LANDS LYING IN THE CITY Of BOYNTON BEACH.PALM BEACH COUNTY,FLORIDA, CONTAINING 322,489 SQUARE FEET(7.40 ACRES),MORE OR LESS. Exhibit .. " Phase II ESTIMATED PLEDGED PROJECT INCREMENT REVENUE CALCULATION WORKSHEET Value of the Project prior to Redevelopment(BASE YEAR) 2011 PCN 08-43-46-04-17-000-0370 $ 165,000 PCN 084346-04-11-000-0060 $ 30,000 TOTAL S 195,000 Value of the Project after Redevelopment(146 units@ $85,000 each) $ 12,410,000 ($85,000 based on Las Ventanas assessed value) Project Increment $ 12,215,000 TIF Revenue=(95%of Project Increment X (City Millage+County Millage) City Millage Rate* 0.0071941 City TIF Contribution=95%of Project Increment X City Millage $ 83,482 County Millage Rate* 0.0047815 County Contribution=95%of Project Increment X County Millage $ 55,486 `Millage Rates are set annually by the City and County as part of their respective budget processes. Annual TIF Revenue created by Project $ 138,968 Incentive Award=Award Factor X TIF Revenue created by Project Award Factor 50% Total Estimated Pledged Project Increment Revenue to Developer(Annually) $ 69,484 Total Remaining with CRA $ 69,484 Years of Pledged Revenue $ 10 Estimated Total Pledged Project Increment Revenue Over Term $ 694,839 NOTES: The developer incentive award calculations are based on City and County millage rates that are adjusted annually and finalized by September 30th of each year. MaIIBIT "C" VERIFICATION REPORT-NATIONAL ORElR lILMNlE STAN II IIo ■dldumnsuo6edbba emdm%LW Yrulpalgaba11Addwarrl21p41rft@fMm s sddapbUNkP. 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And EL4,RT SURN COVE, LLC, a Delaware limited liability company, with a business address c/o Heitman Capital Management LLC, 191 North Wacker Drive, 25th Floor, Chicago, IL 60606 (hereinafter referred to as"Seabourn Cove"). RECITALS: WHEREAS, Gulfstream Gardens, LLC (the "Developer") and CRA initially negotiated a Direct Incentive Funding Agreement (the "Initial DIFA") for Seabourn Cove Apartments Phase I and Phase II, but thereafter agreed to separate the Initial DIFA into a separate DIFA for each Phase, and thereafter executed separate DIFA's on August 14,2012; and WHEREAS, the separate DIFA's mistakenly failed to split the Initial DIFA requirement for two (2)EV charging stations into one(1)for each Phase; and WHEREAS, Seaborne Cove has now acquired title to Scabourn Cove Apartments Phase I and Seabourn Cove Apartments Phase 10, and WHEREAS,the parties wish to amend each DIFA to correct such error; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements herein contained and other good and valuable consideration,the receipt of which is hereby acknowledged, it is agreed herein between the parties as follows: Section 1. Recitals. The foregoing recitals are true and correct at the time of the execution of this First Amendment and are incorporated herein. Section 2. Amendment to Section 7.1.1 of the eement. Section 7.1.1 of the DIFA is amended to require only one(1)EV Charging Station. Section 3. No Other Amendments. Except ass forth above the Agreement shall remain unmodified and in full force and effect. IN WITNESS OF TIRE FOREGOING, the parties have set their hands and seals the day and year first above written. [SIGNATURES ON FOLLOWING PAGES] Page 1 of 3 W]TNESSES: HART SEA]BOURN COVE, LLC, a Delaware limited liability company By: Heitman America Real Estate Holding,L.P., Print Name: Iflew ftmd .—n in its capacity as managing member y By: Heitman America Real Estate Holding GP, LLC, �ANKA- its general partner Print Name. By: Heitman America Real Estate IT LLC, its managing member By: Heitman America Real Estate Trust,L.P., its managing member By: Heitman America Real Estate Trust, LLC, its partn BY: Print Name: v Title: J STATE OF SS: COUNTY OF BEFORE ME, officer d au orized by law to administer oaths and take acknowledgments, personally appeared Z, f Z- as oclo &FAI . 4-- of Heitman America Real Estate Trust, LLC, the general partner of Heitman America Real Estate Trust, L.P., the managing member of Heitman America Real Estate REIT LLC, the managing member of Heitman America Real Estate Holding GP, LLC, the general partner of Heitman America Real Estate Holding, L.P, the managing member of HART SEABOURN COVE, LLC, and acknowledged under oath that he/she has executed the foregoing Agreement as the proper official of HART SEURN COVE,LLC, for the use and purposes mentioned herein and that the instrument is the act and deed of HART SEABOURN COVE, LLC, He/she ispe s oall known to me or has produced as identification. IN WTI7NESS OF THE FO REG ING, I have set my hand and official seal at in the State and County aforesaid on this /5--davof X rL- 2016. My Commission Expires: Publ'ic OFFICIAL SEAL" Uj "fel �r z Jennifer L Notary Public,State of Illinois My 716 j Expires MY Commission Expir s 1127Q2019 Page 2 of 3 WITNESSES BOYNTON BEACH COMMUNITY REDE 7 L L EN AGE By: 7 ; .' 7 ame: Steven B. Grant,CRA C an 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 94-ede-o 8. 6t-Ai0f as C kA C-4*1!nYiAAJ of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, and acknowledged under oath that he/she has executed the foregoing Agreement as the proper official of BON 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 personallyknown to me or has produced as identification. IN WITNESS OF TE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this 7 day of 2016. My Commission Expires: Notary Public, State of Florida at Large C? SUSAN E.Hkiiii gyps 0 Ilry PON-State of fioild3 commission 0 FF 24402 My Comm.lExpire®Oct 17.2019 Bondqd*M1bjjgWMW"A=L Page 3 of 3 Gulfstrearn Gardens/Seabourn.Cove Phase 11 FIR.ST AMENDMENT TO DIRECT INCENTIVE FUNDING AGREEMENT -AThis is a first amendment (hereinafter "First Amendment") entered into as of the 43, day of ML 2016,by and between: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III of the Florida Statutes,(hereinafter referred to as"CRA"),with a business address of 710 North Federal Highway,Boynton Beach,Florida 33435, And HART SURN COVE, LLC, a Delaware limited liability company, with a business address c/o Heitman Capital Management LLC, 191 North Wacker Drive, 25th Floor, Chicago, IL 60606 (hereinafter referred to as"Seaboum Cove"). RECITALS: WHEREAS, Gulfstream Gardens, LLC (the "Developer") and CRA initially negotiated a Direct Incentive Funding Agreement (the "Initial DIFA") for Seaboum Cove Apartments Phase I and Phase 11, but thereafter agreed to separate the Initial DIFA into a separate DIFA for each Phase, and thereafter executed separate DTFA's on August 14, 2012;and WHEREAS, the separate DIFA's mistakenly failed to split the Initial DIFA requirement for two (2)EV charging stations into one(1) for each Phase; and WHEREAS, Seaborne Cove has now acquired title to Seaboum Cove Apartments Phase I and Seaboum Cove Apartments Phase 11, and VMEREAS,the parties wish to amend each DIFA to correct such error; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements herein contained and other good and valuable consideration,the receipt of which is hereby acknowledged, it is agreed herein between the parties as follows: Section 1, Recitals. The foregoing recitals are true and correct at the time of the execution of this First Amendment and are incorporated herein. Section 2. Amendment to Section 7.1.1 of the Agreement. Section 7.1.1 of the D1FA is amended to require only one(1)EV Charging Station. Section 3. No Other Amendments. Except ass forth above the Agreement shall remain unmodified and in fall force and effect. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first above written. [SIGNATURES ON FOLLOWING PAGES] Page I of 3 WITNESSES: HART SEABOURN COVE, LLC, a Delaware limited liability company A*1v By: Heitman America Real Estate Holding,L.P., Print Name: 0211tw ftmillo in its capacity as managing member By: Heitman America Real Estate Holding GP, LLC, its general partner Anktame: By: Heitman America Real Estate REIT LLC, its managing member By: Heitman America Real Estate Trust,L.P., its managing member By: Heitman America Real Estate Trust, LLC, its e q partner By: Print AName: r Title: Z)-r STATE OF COUNTY OF SS: BEFORE ME, an officer duly authoped by law to adinmister oaths and take acknowledgments, personally appeared , /in �vpvg..4- as " t, via- loxvroAt- of Heitman Ameri6a Real Estate Trust, LLC, the general partner of Heitman America Real Estate Trust, L.P., the managing member of Heitman America Real Estate REIT LLC, the managing member of Heitman America Real Estate Holding GP, LLC, the general partner of Heitman America Real Estate Holding, L. the managing member of HART SEA BOUNC OVE, LLC, and acknowledged under oath that he/she has executed the foregoing Agreement as the proper official of HART SEABOURN COVE, LLC, for the use and purposes mentioned herein and that the instrument is the act and deed of HART SURN COVE, LLC!, He/she is personally-kumm 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_]gray of 2016. My Commission Expires: 112-7/1'7 11�Pubilc OFFICIAL SEAL" J re Jennifer-Escobarete Notary Public, State of Illinois :5C V Commission jr s I L.M1Y Commission Expires 1/27t2019 Page 2 of 3 WITNESSES BOYNTON BEACH COMMUNITY REDEVELOP7T C By: Prin ame: Steven B.Grant, CRA Chai an Print Name- V, STATE OF FLORIDA SS: COUNTY OF PALM BEACH ) BEFORE MEE, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared Scted g4A 8. Gr*,o+ as C.ILA aj&j:r-!M AcO of BO ON BEACH COMMUNITY REDEVELOPMENT AGENCY, and acknowledged under oath that he/she has executed the foregoing Agreement as the proper official of BO ON BEACH COMMUNITY REDEVELOPMENT AGENCY, for the use and purposes mentioned herein and that the instrument is the act and deed of BO ON BEACH COMMUNITY REDEVELOPMENT AGENCY. He/she is personaIly known to me or has produced as identification. IN WITNESS OF T FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this day o 2016. My Commission Expires: Not Public, State of Florida at Large SUSA14 E.HARRIS NoWy Public-Stab al Florida Comioloslon 0 FF 244020 My mExpim Del 17,2019 Offft dWao Nifiong Wary Assn. I% Co .== Page 3 of 3 ASSIGNMENT AND ASSUMPTION OF DIRECT INCENTIVE FUNDIN AGREEMENT This ASSIGNMENT AND ASSUMPTION OF DIRECT INCENTIVE FUNDING AGREEMENT (this "Assignment") is made effective as of the_L)j4'� day of January, 2021 (the "Effective Date"), between HART SEABOURN COVE, LLC, a Delaware limited liability company("Assignor"),and SEABOURN COVE HOLDINGS LLC,a Delaware limited liability company("Assignee?'). RECITALS WHEREAS, Boynton Beach Community Redevelopment Agency, a public agency created pursuant to Chapter 163,Part III of the Florida Statutes("CRA"),and Gulfstream Gardens Phase 11, LLC, a Florida limited liability company ("Gulfstream"), Assignor's predecessor-in- interest, entered into that certain Direct Incentive Funding Agreement dated August 14, 2012 for "Gulfstream Gardens/Seabourn Cove Phase 11", as amended by that certain First Amendment to Direct Incentive Funding Agreement dated April 15, 2016 (the "DIFA") with respect to the property described on Exhibit A attached hereto and Exhibit A attached to the DIFA (the "Property"); WHEREAS, Gulfstream assigned its interest in the DIFA to Assignor pursuant to that certain Assignment and Assumption of Direct Incentive Funding Agreement dated August 1,2013 by Gulfstream for the benefit of Assignor(the"First Assignment"); WHEREAS, Assignor agreed to sell the Property to Assignee pursuant to that certain Agreement of Purchase and Sale by and between Assignor and Assignee's predecessor-in-interest, Seabourn PT Investor LLC, a Delaware limited liability company, dated December 23, 2020 (as assigned,the"PSA"); and WHEREAS, pursuant to the PSA,Assignor has a duty to assign the DIFA to Assignee. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements herein contained and other good and valuable consideration, the receipt of which is hereby acknowledged, it is agreed herein between the parties as follows: I. RECITALS; DEFINED TERMS. The recitals to this Assignment are hereby incorporated into the body of this Assigmuent as if restated herein. All capitalized terms used herein and not otherwise defined herein shall have the same meanings as are ascribed to such terms in the DIFA. 2. ASSIGNMENT. Pursuant to Section 9.2 of the DIFA, as the Property is at Substantial Completion, Assignor hereby sells, transfers, conveys, assigns and sets over to Assignee all of its right title and interest in the DIFA, except that Assignor retains the right to receive payments under the DIFA relating to calendar year 2020. Assignor represents, warrants and covenants with Assignee that at the time of delivery of this Assignment,the DIFA is free from all encumbrances made by Assignor, and Assignor will warrant and defend the same against the 116452230 US—Active\1 1645223OW-4 claims and demands of all persons claiming by,through or under Assignor,but against none other. Except for this special warranty of title,the DIFA is assigned"as-is"and Assignor makes no other warranty with respect thereto. Assignor agrees to indemnify, protect, defend and hold Assignee harmless from and against all liabilities, obligations, actions, suits,proceedings or claims, and all costs and expenses (including, without limitation, reasonable attorneys' fees and costs) incurred in connection with the DIFA occurring or alleged to have occurred on or prior to the Effective Date. 3. ACCEPTANCE AND ASSUMPTION. Assignee hereby accepts the foregoing assignment of the DIFA as of the Effective Date and as of such date hereby assumes the performance of all the terms,covenants and conditions of the DIFA with respect to the period from and after the Effective Date. Assignee agrees to indemnify, protect, defend and hold Assignor harmless from and against all liabilities, obligations, actions, suits,proceedings or claims, and all costs and expenses (including, without limitation, reasonable attorneys' fees and costs) incurred in connection with the DIFA occurring or alleged to have occurred after the date hereof. 4. COUNT ,�� _�ARTS. This Assignment may be executed in any number of counterparts and by each of the undersigned on separate counterparts, and each such counterpart shall be deemed to be an original, but all such counterparts put together shall constitute but one and the same Assignment. Signatures sent by PDF or DocuSign or similar electronic means shall be effective and binding on the parties hereto. [Remainder of page intentionally left blank; signatures follow] US—Active\1 1645223OXV-4 IN WITNESS WHEREOF, the parties hereto have executed this Assignment as of the Effective Date. ASSIGNOR: By: HART SEABOURN COVE, LLC, a Delaware limited liability comp tt1y., By: Name:Helen Garrah Its: Senior Vice President [Assignee signature page follows] 116452230 ASSIGNEE: SEA13OURLN COVE HOLDINGS LLC., a Delaware limited liability Company By: Dermot Seabourn, LLC, a Delaware limited liability coiApany, its managing member fit By: Name: Its: _-e [Signature Pa- —DIFAAssigriment(11)] Z:� EX IT A-THE PROPERTY PHASE 11 PARCEL l: Lots 37, 38 and 58, of AMENDED PLAT OF TRADE WINDS ESTATES, according to the Plat thereof, recorded in Plat Book 21,Page 73,of the Public Records of Palm Beach County,Florida, LESS that portion deeded to the State of Florida by instrument recorded in Official Records Book 104,Page 35,of the Public Records of Palm Beach County, Florida. PARCEL 2: That part of Lot 59,AMENDED PLAT OF TRADE WINDS ESTATES,a subdivision, according to the Plat thereof,recorded in Plat Book 21,Page 73,of the Public Records of Palm Beach County, Florida; lying West of the right-of-way of State Road 5 (U.S.Highway No. 1)as conveyed to Palm Beach County,by a Deed recorded in Official Records Book 124,Page 638,of the Public Records of Palm Beach County,Florida. PARCEL 3: Lot 15, KILLIAN'S PARK, a subdivision according to the Plat thereof, as recorded in Plat Book 23,Page 195, of the Public Records of Palm Beach County,Florida. LESS AND EXCEPT a parcel of land in Lot 15,KILLIAN'S PARK,according to the Plat thereof, recorded in Plat Book 23, Page 195, Palm Beach County, Florida, Public Records, more particularly described as follows: From the Southeast comer of said Lot 15,run Westerly along the South line of said Lot 15 for 3.0 feet to a point on the arc of a curve concave to the Westerly and having a radius of 11,409.2 feet; thence run in a Northerly direction along the arc of said curve for 198.15 feet to a point on the North line of said Lot 15; thence run Easterly along said North line for 8.87 feet to the Northeast comer of said Lot 15; thence run Southerly along the East line of said Lot 15 for 200 feet to the Southeast comer of said lot. PARCEL 4: All of Lot 6 and the West 1/2 of Lot 7, of KILLIAN'S PARK, according to the Plat thereof, as recorded in Plat Book 23,Page 195, of the Public Records of Palm Beach County,Florida. PARCEL 5: The East half of Lot 7 and all of Lot 8, of KILLIAN'S PARK, according to the Plat thereof, as recorded in Plat Book 23,Page 195, of the Public Records of Palm Beach County,Florida. PARCEL 6: 116452230 US—Active\1 16452230\V-4 Lot 12 and the West 1/2 of Lot 13,of KILLIAN'S PARK,according to the Plat thereof,as recorded in Plat Book 23,Page 195, of the Public Records of Palm Beach County,Florida. P CEL 7: The East 1/2 of Lot 13, and all of Lot 14, of KILLIAN'S PARK, according to the Plat thereof, as recorded in Plat Book 23,Page 195, of the Public Records of Palm Beach County,Florida. PARCEL 8: The West 1/2 of Lot 17,all of Lot 18,and the East 1/2 of Lot 19,of KILLIAN'S PARK,according to the Plat thereof, as recorded in Plat Book 23, Page 195, of the Public Records of Palm Beach County,Florida. PARCEL 9: The East 1/2 of Lot 10 and all of Lot 11, of KILLIAN'S PARK, according to the Plat thereof, as recorded In Plat Book 23,Page 195, of the Public Records of Palm Beach County,Florida. PARCEL 10: Lot 16 and the East 1/2 of Lot 17,of KILLIAN'S PARK,according to the Plat thereof,as recorded in Plat Book 23,Page 195, of the Public Records of Palm Beach County,Florida. PARCEL 11: The West 1/2 of Lot 19 and Lots 20 through 29,inclusive,of KILLIAN'S PARK,according to the Plat thereof, as recorded in Plat Book 23,Page 195,of the Public Records of Palm Beach County, Florida. PARCEL 12: Lot 9 and the West 1/2 of Lot 10, KILLIAN'S PARK,A SUBDIVISION OF LOTS 36, 36-A, 60 AND 61, AMENDED PLAT OF TRADE WINDS ESTATES in Section 4, Township 46 South, Range 43 East, recorded in Plat Book 21, Page 73, of the Public Records of Palm Beach County, Florida,according to the Plat thereof,as recorded in Plat Book 23,Page 195,of the Public Records of Palm Beach County, Florida. Also known as: Lot 9 and the West 1/2 of Lot 10, KILLIAN'S PARK, according to the Plat thereof, as recorded in Plat Book 23,Page 195,of the Public Records of Palm Beach County,Florida. PARCEL 13: That portion of Miller Road, as vacated and abandoned by ordinance No. 06-007, as recorded in Official Records Book 19827, Page 1793, of the Public Records of Palm Beach County, Florida, being more particularly described as follows: US Active\116452230\V-4 A portion of the Right-of-Way of Miller Road, as shown on the Plat of KILLIAN'S PARK, according to the Plat thereof,as recorded in Plat Book 23,Page 195,of the Public Records of Palm Beach County, Florida, described as follows: BEGINNING at the Southwest comer of Lot 6 of said KILLIAN'S PARK; thence East along the North Right-of Way line of said Miller Road, a distance of 450.00 feet; thence South 08'33'15" West along the East Right-of Way line of Miller Road,a distance of 30.34 feet;thence West along the South Right-of-Way line of Miller Road,a distance of 445.49 feet;thence North, a distance of 30.00 feet,to the Point of Beginning. Parcel Nos: 08-43-46-04-11-000-0060 US—Active\1 16452230\V-4 Prepared by: Dentons US LLP 233 South Wacker Drive Suite 5900 Chicago, Illinois 60606-6361 After Recording Return to: The Dermot Company, LP 729 Seventh Avenue, 15th Floor New York,New York 10019 Attn: Drew Spitler Parcel ID No(s): 08-43-46-04-37-000-0000 08-43-46-04-11-000-0060 SPEC WARRANTY DEED THIS SPECIAL WARRANTY DEED, made as of the 29th day of January, 2021 by and between HART SEADOURN COVE, LLC, a Delaware limited liability company, party of the first part, having an address of 191 North Wacker Drive, Suite 2500, Chicago, Illinois 60606, and SEABOURN COVE HOLDINGS LLC, a Delaware limited liability company, party of the second part, having an address of 729 Seventh Avenue, 15th Floor, New York, New York 10019, WITNESSETH, that the party of the first part, for and in consideration of the sum of Ten and No/100 Dollars in hand paid by the party of the second part, the receipt whereof is hereby acknowledged, by these presents does GRANT, BARGAIN, SELL, REMISE, RELEASE AND CONVEY to the party of the second part, and to its heirs and assigns, FOREVER, the following described real estate, situated in the County of Palm Beach and State of Florida known and described as follows, to wit: See Exhibit"A" attached hereto and made a part hereof. Together with all of the party of the first part's right, title and interest in the improvements,hereditaments,easements and appurtenances thereunto belonging, or in any way appertaining,and the reversion and reversions,remainder and remainders,rents,issues and profits thereof, and all the estate, right, title, interest, claim or demand whatsoever, either in law or equity, of, in and to the above described premises, with the improvements, US-Active\1 1643091 8\V-3 hereditaments, easements and appurtenances (collectively, the "Property"): TO HAVE AND TO HOLD the Property with the appurtenances,unto the party of the second part, its successors,heirs and assigns in fee simple forever. And the party of the first part, for itself, and its successors, does covenant,promise and agree, to and with the party of the second part, its heirs and assigns,that it is lawfully seized of said Property in fee simple, that it has good right and lawful authority to sell and convey the Property,that it has not done or suffered to be done, anything whereby the said premises hereby granted are, or may be, in any manner encumbered or charged, except as provided on Exhibit B, without serving to reimpose same, and WILL WARRANT AND DEFEND against all persons lawfully claiming or to claim the same, by through or under it, subject to the matters described on Exhibit B, without serving to reimpose same, and not otherwise. Addresses of real estate: 3480 Old Dixie Highway and 3501 North Federal Highway, Boynton Beach,Palm Beach County,Florida 116430918 IN WITNESS WHEREOF, said party of the first part has executed this Special Warranty Deed as of the date first above written. By: HART SEABOURN COVE, LLC, Witness: a Delaware limited liability company By: Print Name: ' — r Witness. By: Name:Helen Garrahy By: Its: Senior Vice President Print Name: STA OF ILLINOIS ) ) SS. COUNTY OF COOK � I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY, that the above named Senior Vice President of HART Seabourn Cove, LLC, personally known to me to be the same person whose name is acknowledged d subscribed to the foregoing instrument as such Senior Vice President,appeared before nye this day in person and acknowledged that she signed and delivered the said instrument as her own free and voluntary act and as the free and voluntary act of said limited liability company. Given under my hand and Notary Seal,this day of January, 2021. t tarOublic JENNIFER ESQ ARETE OFFICIAL SEAL Not Public-State of Illinois My Commission Expires Feb 11,2023 116430918 EXMBIT A LEGAL DESCRIPTION Parcel A: All that Plat of GULFSTREAM GARDENS, according to the Map or Plat thereof as recorded in Plat Book 107,Pages 175 and 176, of the Public Records of Palm Beach County,Florida. Parcel Nos: 08-43-46-04-37-000-0000 Parcel B: PARCEL 1: Lots 37, 38 and 58, of AMENDED PLAT OF TRADE WINDS ESTATES, according to the Plat thereof,recorded in Plat Book 21,Page 73, of the Public Records of Palm Beach County, Florida, LESS that portion deeded to the State of Florida by instrument recorded in Official Records Book 104, Page 35,of the Public Records of Palm Beach County,Florida. PARCEL 2: That part of Lot 59,AMENDED PLAT OF TRADE WINDS ESTATES, a subdivision, according to the Plat thereof,recorded in Plat Book 21,Page 73,of the Public Records of Palm Beach County, Florida;lying West of the right-of-way of State Road 5 (U.S.Highway No. 1)as conveyed to Palm Beach County,by a Deed recorded in Official Records Book 124,Page 638,of the Public Records of Palm Beach County,Florida. PARCEL 3: Lot 15,KILLIAN'S PARK, a subdivision according to the Plat thereof, as recorded in Plat Book 23,Page 195, of the Public Records of Palm Beach County,Florida. LESS AND EXCEPT a parcel of land in Lot 15,KILLIAN'S PARK,according to the Plat thereof, recorded in Plat Book 23, Page 195, Palm Beach County, Florida, Public Records, more particularly described as follows: From the Southeast comer of said Lot 15, run Westerly along the South line of said Lot 15 for 3.0 feet to a point on the arc of a curve concave to the Westerly and having a radius of 11,409.2 feet; thence run in a Northerly direction along the arc of said curve for 198.15 feet to a point on the North line of said Lot 15; thence run Easterly along said North line for 8.87 feet to the Northeast comer of said Lot 15; thence run Southerly along the East line of said Lot 15 for 200 feet to the Southeast comer of said lot. 116430918 PARCEL 4: All of Lot 6 and the West 1/2 of Lot 7, of ILLIAN'S PARK, according to the Plat thereof, as recorded in Plat Book 23,Page 195, of the Public Records of Palm Beach County,Florida. PARCEL 5: The East half of Lot 7 and all of Lot 8, of ILLIAN'S PARK, according to the Plat thereof, as recorded in Plat Book 23,Page 195, of the Public Records of Palm Beach County,Florida. PARCEL 6: Lot 12 and the West 1/2 of Lot 13,of KILLIAN'S PARK,according to the Plat thereof,as recorded in Plat Book 23,Page 195, of the Public Records of Palm Beach County, Florida. PARCEL 7: The East 1/2 of Lot 13, and all of Lot 14, of ILLIAN'S PARK, according to the Plat thereof, as recorded in Plat Book 23,Page 195, of the Public Records of Palm Beach County,Florida. PARCEL 8: The West 1/2 of Lot 17,all of Lot 18,and the East 1/2 of Lot 19,of KILLIAN'S PARK,according to the Plat thereof, as recorded in Plat Book 23, Page 195, of the Public Records of Palm Beach County, Florida. PARCEL 9: The East 1/2 of Lot 10 and all of Lot 11, of KILLIAN'S PARK, according to the Plat thereof, as recorded In Plat Book 23,Page 195, of the Public Records of Palm Beach County,Florida. PARCEL 10: Lot 16 and the East 1/2 of Lot 17,ofKILLIAN'S PARK,according to the Plat thereof,as recorded in Plat Book 23,Page 195,of the Public Records of Palm Beach County,Florida. PARCEL 11: The West 1/2 of Lot 19 and Lots 20 through 29,inclusive,of KILLIAN'S PARK,according to the Plat thereof, as recorded in Plat Book 23,Page 195,of the Public Records of Palm Beach County, Florida. PARCEL 12: Lot 9 and the West 1/2 of Lot 10, KILLIAN'S PARK, A SUBDIVISION OF LOTS 36, 36-A, 60 AND 61, AMENDED PLAT OF TRADE WINDS ESTATES in Section 4, Township 46 South, Range 43 East, recorded in Plat Book 21, Page 73, of the Public Records of Palm Beach County, 116430918 Florida,according to the Plat thereof,as recorded in Plat Book 23,Page 195,of the Public Records of Palm Beach County, Florida. Also known as: Lot 9 and the West 1/2 of Lot 10, KILLIAN'S PARK, according to the Plat thereof, as recorded in Plat Book 23,Page 195, of the Public Records of Palm Beach County,Florida. PARCEL 13: That portion of Miller Road, as vacated and abandoned by ordinance No. 06-007, as recorded in Official Records Book 19827, Page 1793, of the Public Records of Palm Beach County, Florida, being more particularly described as follows: A portion of the Right-of-Way of Miller Road, as shown on the Plat of KILLIAN'S PARK, according to the Plat thereof,as recorded in Plat Book 23,Page 195,of the Public Records of Palm Beach County, Florida, described as follows: BEGINNING at the Southwest comer of Lot 6 of said KILLIAN'S PARK; thence East along the North Right-of Way line of said Miller Road, a distance of 450.00 feet; thence South 08'33'15" West along the East Right-of Way line of Miller Road,a distance of 30.34 feet;thence West along the South Right-of-Way line of Miller Road, a distance of 445.49 feet;thence North, a distance of 30.00 feet,to the Point of Beginning. Parcel Nos: 08-43-46-04-11-000-0060 116430918 EXHIBIT B PERMITTED EXCEPTIONS I All general real property taxes and assessments for the year 2021 and subsequent years,which are not due and payable. 2. Rights of tenants in possession as of the date hereof,as tenants only,under the terms of unrecorded leases,with no right of refusal,right of first offer,option to purchase all or any part of the property or interests therein or other similar right. 3. Zoning and other regulatory laws and ordinances affecting the Property. 4. Matters which would be disclosed by a current and accurate survey of the Property. 5. Covenants, conditions, restrictions, encumbrances, easements, rights of way, limitations and other matters of record that were recorded in the applicable public records of the county in which the Property is located prior to the date of the deed to which this Exhibit B is attached, to the extent and only to the extent that same are valid and subsisting and affect the Property as of the date hereof. 116430918 The City of Boynton Beach DEVELOPMENT DEPARTMENT BUILDING DIVISON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6350 a FAX: 561-7426357 • www.boynton-beach.org May 14, 2021 Michael Simon Executive Director Boynton Beach CRA 100 E ocean Ave Boynton Beach, Florida 33435 Ref: Seabourn Cove (Phase I & II) Re : Systems Audit 2021 Dear Mr. Simon: I have received the audit report and letter of certification prepared by Drew Smith from Two Trails for the above referenced project . Based on the information contained within the report and the findings from Mr. Smith the project is in compliance with section 5 . 3 of the August 14th, 2012 Direct Incentive Funding (DIF) Agreement . If you have any questions or concerns please contact me in the Building Division at 561 . 742 . 6376 . Thank you. Sincerely, John Kuntzman, CBO, PX, BN, CFM, Building Official /Flood Plain Manager Cc: Andrew Mack, Director of Development S:ADevelopment\BUILDING\Mack, Andrew\Correspondance\Seabourne Cove Systems Audit 040616.doc - �\ —X , �\4 To whom it may concern, Two Trails has conducted the yearly random audit for 2021 year. Our findings show that all units on the targeted matrix list are currently in compliance of the National Green Building Standard (NGBS) Certification. Based on the information and testing,the Seabourn Cove units are realizing approximately a 30%energy use reduction and approximately a 50%water use reduction over a standard code-built unit of its type. If you have any questions in regard to the attached results,please feel free to contact our office. 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West Palm Beach,FL 33402-3353 Items Iota I C J_Checkout View Property Control Number Property Type Status 08-43-46-04-37-000-0000 Real Property Active Mailing Address: Property Address: HART SEABOURN COVE LLC 3501 N FEDERAL HWY 191 N WACKER DR FL 25 BOYNTON BEACH FL 33483 CHICAGO , IL 60606-1885 Geo CD: Deed Number: 0 Legal Description GULFSTREAM GARDENS ALL OF PL Ad Valorem Gross Tax Credit Net Tax Savings CITY OF BOYNTON BEACH $542,521.76 $0.00 $542,521.76 $0.00' COUNTY $330,485.02 $0.00 $330,485.02 $0.00' SO FLA WATER MANAGEMENT DIST. $18,370.20 $0.00 $18,370.20 $0.00' SCHOOL $481,402.21 $0.00 $481,402.21 $0.00' CHILDRENS SERVICES COUNCIL $44,617.26 $0.00 $44,617.26 $0.00' F.I.N.D. $2,197.56 $0.00 $2,197.56 $0.00' PBC HEALTH CARE DISTRICT $49,863.93 $0.00 $49,863.93 $0.00' Sub Total $1,469,457.94 $0.00 $1,469,457.94 $0.00 Non Ad Valorem Gross Tax Credit Net Tax Savings SOLID WASTE AUTHORITY OF PBC $30,567.77 $0.00 $30,567.77 $0.00' BOYNTON BEACH FIRE RESCUE ASSESSMENT $38,864.82 $0.00 $38,864.82 $0.00' Sub Total $69,432.59 $0.00 $69,432.59 $0.00 Total Tax $1,538,890.53 $0.00 $1,538,890.53 $0.00) Period Bill Number Due Date Bill Year Tax Discount Penalty/Fee Interest Total Due INST 1 101365148 3/31/2021 2020 $0.00 $0.00 $0.00 $0.00 $0.00 TotalDue: $0.00 $0.00 $0.00 $0.00 $0.00 Tax Certificates Payments made made between 5/31 - 6/7 of any year indicates the purchase of a Tax Certificate for delinquent taxes. Tax Certificate purchase(s) ARE NOT a payment of taxes. "Paid By" information displays the name of the Tax Certificate purchaser. If a bill number begins with a year (i.e. 2020-001234), a Tax Certificate was sold for delinquent property taxes. The amount due is shown above in the "Tax Installment"section under the Total Due column. ANNE GANNON Anne M.Gannon Constitutional Tax Collector CONSTITUTIONAL.TAX COLLECTOR: Serving Palm Beach County e'Fr:ing POP" each county P.O.Box 3353 � I '�� Servingyou. West Palm Beach,FL 33402-3353 Items Iota I Checkout View Property Control Number Property Type Status 08-43-46-04-11-000-0060 Real Property Active Mailing Address: Property Address: HART SEABOURN COVE LLC 3480 OLD DIXIE HWY 191 N WACKER DR FL 25 BOYNTON BEACH FL 33483 CHICAGO , IL 60606-1885 Geo CD: Deed Number: 0 Legal Description KILLIANS PARK LTS 6 THRU 14, LT 15 (LESS ELY 8.87 FT SR 5 R/W), LTS 16 THRU 29 & 30 FT ABND PT OF MILLER RD LYG S OF &ADJ TO LTS 6 THRU 14 IN OR19827P1793 &TRADE WINDS ESTS AMND PL PB21P73 LTS 37, 38, LT 58 (LESS ELY .90 FT SR 5 R/W) & LT 59 (LESS ELY 3 FT SR 5 R/W) ... .... ...... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ...... Ad Valorem Gross Tax Credit Net Tax Savings CITY OF BOYNTON BEACH $229,679.87 $0.00 $229,679.87 $0.00' COUNTY $139,912.84 $0.00 $139,912.84 $0.00' SO FLA WATER MANAGEMENT DIST. $7,777.14 $0.00 $7,777.14 $0.00' SCHOOL $203,804.54 $0.00 $203,804.54 $0.00' CHILDRENS SERVICES COUNCIL $18,888.99 $0.00 $18,888.99 $0.00' F.I.N.D. $930.35 $0.00 $930.35 $0.00' PBC HEALTH CARE DISTRICT $21,110.20 $0.00 $21,110.20 $0.00'' Sub Total $622,103.93 $0.00, $622,103.93 $0.00 Non Ad Valorem Gross Tax Credit Net Tax Savings SOLID WASTE AUTHORITY OF PBC $14,688.14 $0.00 $14,688.14 $0.00' BOYNTON BEACH FIRE RESCUE ASSESSMENT $18,601.80 $0.00 $18,601.80 $0.00' Sub Total $33,289.94 $0.00 $33,289.94 $0.00 Total Tax $655,393.87 $0.00, $655,393.87 $0.00) Period Bill Number Due Date Bill Year Tax Discount Penalty/Fee Interest Total Due INST 1 101365943 3/31/2021 2020 $0.00 $0.00 $0.00 $0.00 $0.00 TotalDue: $0.00 $0.00 $0.00 $0.00 $0.00 ----------------------------------------------------------------------------------------------- Tax Certificates Payments made between 5/31 - 6/7 of any year indicates the purchase of a Tax Certificate for delinquent taxes. Tax Certificate purchase(s) ARE NOT a payment of taxes. "Paid By" information displays the name of the Tax Certificate purchaser. If a bill number begins with a year (i.e. 2020-001234), a Tax Certificate was sold for delinquent property taxes. The amount due is shown above in the "Tax Installment"section under the Total Due column. ** This Icon A indicates delinquent taxes and the tax bill cannot be paid on-line at this time. It may also indicate a recent TDA where additional fees are required. Contact our office at 561-355-2264 or email ClientAdvocate@pbctax.com for additional details. Bill Year Bill Number Receipt Number Amount Paid Last Paid Paid By 2020 101365943 U21.84811 $629,178.12 11/25/2020 HEITMAN CAPITAL MGMT C/O ** This Icon A indicates delinquent taxes and the tax bill cannot be paid on-line at this time. It may also indicate a recent TDA where additional fees are required. Contact our office at 561-355-2264 or email ClientAdvocate@pbctax.com for additional details. .............................................................................................................................................................. Bill Year Bill Number Receipt Number Amount Paid Last Paid Paid By 2020 101365148 U21.88195 $1,477,334.91 11/30/2020 HART SEABOURN COVE LLC x Q) x a) (6 a) > O CD U v(Di C,4 E 0 N N O U) r a) Q 4 C a o O O C14 co (6 N i � C L3 U 0 a) U O � a o U U } U CO ♦ ♦ ♦ ♦ LL x 0 0 0 0 O fl- f,- m CMLO LO 00 o O O O li x 0 0 0 0 O CO O O N00 — O T O O O T O O O O O O 0) O O LO 11 O LO O O N N O Ln Ln 0 O Lf) Lo (D 0) O O L6 Lf) O L LO T cM N N I- O N O N LO N N N R 'IT LO T O r CO LO Lo O M 00 le ' LL ' f� f� N y o 06 N m E!) Ef} E!) E!) 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O cu Lp70 O a) Z Z a) O O cu O O v7 0 O U D U a) cv - - c H Q > d d > d H U U Q s Q H H > 1 I, AGENCYB E AC H C R A COMMUNITY REDEVELOPMENT CRA BOARD MEETING OF: June 8, 2021 OLD BUSINESS AGENDAITEM: 15.D. SUBJECT: Discussion and Consideration of an Interlocal Agreement between the City and CRA for the CRA District Streetscape/Lighting Improvements SUMMARY: At the May 11, 2021 meeting, the Board approved the list of streetscape/lighting improvement projects utilizing the $445,561 that was reallocated by the Board as part of the February 9, 2021, budget amendment and directed staff to work with legal counsel and the City to bring back an I nterlocal Agreement (I LA)to fund these improvements (see Attachment 1). As described in the I LA and consistent with the 2016 Boynton Beach Redevelopment Plan and Chapter 163, Florida Statutes, CRA funds will be used for design activities, material and equipment, and installation costs associated with the physical improvements of the project. The City will be responsible for overseeing the Project, coordinating with the contractor(s) and other entities as necessary for the completion of the project. Additionally, the City will also be responsible for the maintenance of the lighting improvements as a result of the project, along with contracting with other entities as necessary to comply with applicable codes. The attached draft CRA Streetscape/Lighting Improvements Interlocal Agreement (ILA) details the responsibilities of the City and CRA, the procedures for fund reimbursement to the City, and the reporting requirements by the City to ensure compliance with the Plan and Florida Statutes (see Attachment 11). The document has also been forwarded to the City for review. Approval of the ILA by the CRA Board will allow the ILA to be scheduled for approval by City Commission at the next available agenda and project implementation by the City shortly thereafter. FISCAL IMPACT: FY2020-2021 Budget, Project Fund, Line Item 02-58200-406, $445,561 CRA P LAN/P ROJ ECT/P ROG RAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: 1. Approve the I nterlocal Agreement to fund the CRA Streetscape/Lighting Improvements in the amount not to exceed $445,561 and authorize the Board Chair to execute subject to final legal review. 2. Do not approve the Interlocal Agreement to fund the CRA Streetscape/Lighting I mprovements. 3. Provide alternative direction to staff upon further Board discussion. ATTACHMENTS: Description D Attachment I - May 11, 2021 CRA Lighting Improvement Project Agenda Item D Attachment II - Draft CRA Streetscape/Lighting Improvements ILA 1 I, AGENCYB E AC H C R A COMMUNITY REDEVELOPMENT CRA BOARD MEETING OF: May 11, 2021 CRA PROJECTS IN PROGRESS AGENDAITEM: 13.D. SUBJECT: CRA District Lighting Improvement Project Update SUMMARY: At the March 9, 2021 Board meeting, the Board requested that staff present a list of lighting improvement projects that could be implemented in FY 2020-2021 utilizing the $445,561 that was reallocated by the Board as part of the February 9, 2021, budget amendment. CRA staff has been working with staff from the City Public Works Department to develop a list of lighting improvements in the CRA area. Attachment I has been created to indicated the identified list of projects, locations, scope, and initial cost estimates. The projects have also been prioritized for implementation based on the previous work that has been done, the logistics or required level of coordination with outside parties such as FPL, professional design consultants, and community members. Attachment I I includes photos of existing lighting schemes throughout the CRA area. Upon Board direction, CRA staff will work with legal counsel and the City to bring back an Interlocal Agreement (ILA) to fund these projects at the earliest available agenda. FISCAL IMPACT: FY2020-2021 Budget, Project Fund, Line Item 02-58200-406, $445,561 CRA PLAN/PROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: If supported by the CRA Board, direct CRA staff to work with legal counsel and the City to bring back an I nterlocal Agreement (I LA)to fund these projects at the earliest available agenda. ATTACHMENTS: Description D Attachment I - FY 2020-2021 Boynton Beach CRA Lighting Improvement Project List D Attachment II - Existing Lighting Schemes v v N E Y 9- O S U O O _ U O V) O O CO O O O D C O I I m N cti O N m Y 3 •� Y L N O N O F-- II V C 00 0 N to N — j .. 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U S LL S co co CD O u O O O O O N O O O O O O cti O O O N d F- N N O O W In N M lD N C > O N U CL 0 hp N ON U N O L N N 7 CL O fl_ NO C J — - Y -0 O OA }I N N O O_ •N C 'D O 'a _ ND mt ' O UC nOO X L O O U O C _tw N N 3 2 JLL 1 N m N N _O II E OA N LL Q O C C LL 'y N O Y +' O (0 N LL CQ U C (p U T C II fl_ C 'D 'O O O �p V c v n c v u v a u o E > ° v N 3 O > tw GJ C N CO 'aN 'CO N LL� 'a C O N7 VY " M U u O E - C O t U u (D m W C C C C Y ' tw u U O U N N Nm O C U o 2 v v v -0 • O x C N U -0 L CD U Q CD U _SLLN XCtNvo w • 7 W • LL 4a >` N C p O NmV� 3 ' M >N N .a L 'ONOb N 'O O � O-PI -0 > N N : r4 v > -0 O v 3 C E m v v N a c p o o o LL N O N ' > CCI y vN DNN Q v O0) on v N F u v Y 3 °1 � s m v m c N m "p J 7 bA tw N N O LL '.... eyJ O (n LL -0 m S Co S O Z (n Z In D r 0 oc a m a m a m H d d � y d of v y i ci O N w m W Vtxo C d Vf z N \ 3 N 40 N d C O d a O H j m d O d N d d O m > j O O N p, O O N N U Q _jN VO m Q Q W C a+ Wi C C O N N +' d Jv d d U • J U U ''...G._ O LL W of LL of O O cI N -j- C Ln w _ v y v 0 3 n T O O i C U O O- CO N N N O N O CO C O bA N CO N U — p OA O E N O C Q N O Y N N > Y T O O O C N •f0 O U c ,� O- ' 3 •,- > �o u E 'T O C aN.+ N N � N N J � C v T 3 v v LL O O tN0 O C GJ GJ O � Q E v bb o 4a _ t � O J � Q N V c � O U u R � GJ i a+ m O O U -W W _ >� z O p m C C N N 3 3 c N N Z v u N c v N v `o } O v N - > v 1- Q Q LL I� LL U Ln N O N N to N 'D N � c CCI J cD c-I N Ln N N Q\ m N \ t r _ � C O O LL a.+ O C ^ N O F O uE V u 2 O Vmm u O ON E V m Q Ln n co BBCRA Lighting Improvement Project — Existing Lighting May 7, 2021 1. Ocean Avenue (East) between NE 1St Street and Federal Highway A { t � 2 t E. Ocean Avenue (east side) at Federal Highway intersection £ is r n tt E. Ocean Avenue (west side) at Town Square 2. East MLK Jr. Boulevard Corridor Streetscape between Seacrest Boulevard and Federal Highway t y E. MLK Jr. Boulevard (eastbound) from Seacrest Boulevard intersection BBCRA Lighting Improvement Project — Existing Lighting May 7, 2021 lsttz rf t , � t `tit N. Seacrest Boulevard at NE Th Avenue 3. FPL LED Conversion/Upgrade Both sides of Federal Highway from SW 36th Street to Gateway Boulevard 4. Seacrest Boulevard (west side of street) from NW 1St Street to SW 1St Street 'i3ss i iy�t ,r t N. Seacrest Boulevard (northbound) at Town Square BBCRA Lighting Improvement Project — Existing Lighting May 7, 2021 5. Ocean Avenue W. Seacrest Boulevard between Seacrest Boulevard and NW 3rd Street 1ti; �}� iR � 1 t•{� qtr i Y.,,}" ,r��� Fy}`t1��1��,1"}E, kl ttt - ti E. Ocean Avenue (westbound) at Seacrest Boulevard intersection 6. Ocean Avenue Bridge (Upper and Lower) kk1{rtij � c8 t d{kk 1'I kk t -_ }kl)1 }?t(�1 ki r k I S"1j 4 �hoktr Double and single heads and wall sconces at the lower plaza under the bridge BBCRA Lighting Improvement Project — Existing Lighting May 7, 2021 7. Inca Trail along NE 7th -10th Avenues, between Federal Highway and NE 7th Street 8. Casa Costa Frontage along Federal Highway r 1 l� - INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF THE STREETSCAPE/LIGHTING IMPROVEMENTS WITHIN THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AREA. THIS AGREEMENT ("Agreement")is made by and between the CITY OF BOYNTON BEACH, a Florida Municipal Corporation, ("CITY"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, ("CRA") (individually and collectively, the "Party" or"Parties"). WITNESSETH: WHEREAS,the 2016 Boynton Beach Community Redevelopment Plan ("Plan") calls for the redevelopment of the Community Redevelopment Area("CRA Area")as described in the Plan; and WHEREAS, the CITY will undertake a Lighting Improvement Project to install, replace, and maintain exterior lighting within the right-of-ways or publicly owned properties in furtherance of that goal; and WHEREAS, lighting improvements is anticipated to take place in locations identified in designated locations, as further described in Exhibit"A,"which is hereby incorporated herein; and WHEREAS,the CRA desires to provide the CITY with funding for lighting improvements at these locations that are within the CRA Area(the "Project"); and WHEREAS,the Project site lies within the boundaries of the CRA Area; and WHEREAS,the Project is intended to improve the overall quality, aesthetics,and function of these locations within the CRA Area; and WHEREAS, the CRA Board finds that this Agreement, and the use of the CRA's funds for the Project, is consistent with the Plan and Chapter 163, Florida Statutes; and WHEREAS, due to the intended elimination of slum and blighted conditions, and the beneficial neighborhood and redevelopment impact of the Project, the CRA and the CITY find that this Agreement serves a municipal and public purpose, and is in the best interest of the health, safety, and welfare of the CITY of Boynton Beach, including the Community Redevelopment Area; NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 01388588-1 1 1. Recitals. The recitations set forth above are hereby incorporated herein. 2. Obligations of the CRA. a. The CRA shall provide funding to the CITY in an amount not to exceed Four Hundred Forty-five Thousand Five Hundred Sixty-one and 00/100 Dollars ($445,561), for design services, materials and equipment, and installation costs associated with the physical improvements of the Project consistent with the terms of this Agreement, to be used for only reimbursement of certain eligible expenses. Eligible expenses are those expenses that are consistent with the requirements of Florida Statutes, consistent with the Plan, directly related to the Project, and in compliance with the requirements of this Agreement. In addition, only expenses directly associated with design activities, lighting materials and appurtenances such as fixtures, bulbs, wiring, banner attachments, control panels, and installation shall be considered eligible expenses. b. The CRA shall make payments to the CITY upon receipt of a complete written request from the CITY for payment, so long as such request complies with all requirements of this Agreement. 3. Obligations of the CITY. a. The CITY shall ensure funds provided by the CRA are not used for any purposes prohibited by § 163.370(3), Florida Statutes, or otherwise prohibited by law. b. The CITY shall ensure that the Project is designed and constructed in compliance with the Plan. C. The CITY shall be responsible for overseeing the Project, coordinating with the contractor(s), and otherwise contracting and coordinating with all other entities as necessary to effectuate the Project, but shall coordinate with the CRA concerning compliance with the Plan. d. The CITY shall also be responsible for the maintenance of the lighting improvements as a result of the Project, along with contracting and coordinating with all other entities as necessary to comply with applicable codes. e. Upon request from the CRA, or an authorized agent of the CRA, including the Executive Director or designee and the CRA Attorney, the CITY shall provide all documents reasonably requested by the CRA or CRA's agent concerning compliance with this Agreement, specifically including any documentation concerning compliance with Florida Statutes or supporting any Reimbursement Request. 01388588-1 2 4. Reimbursement of Funds a. The CITY shall provide a written request for reimbursement of funds ("Reimbursement Request")meeting the requirements of this Agreement to the CRA no later than 90 days after payment by the CITY of funds for which it is seeking reimbursement, and in no case later than 45 days prior to the end of each Fiscal Year in which the individual improvements of Exhibit"A" achieves final completion. For purposes of this Agreement, final completion shall be deemed achieved upon approval of a final inspection from the City, or the equivalent. The request shall include the following information: i. The amount of reimbursement requested; ii. A summary of the Project improvements for which the CITY seeks reimbursement; iii. A statement that the Project is in compliance with the Plan and Florida Statutes, and evidence supporting the statement. iv. Copies of all invoices, receipts, and any other documentation necessary to evidence the amount and purpose for each payment made by the CITY for the Project for which the CITY is seeking reimbursement. v. For any Reimbursement Request submitted after final completion, evidence of an approved final inspection, or equivalent, and a final report by the City detailing at minimum the type of lighting equipment, quantity, size, location, and the associated maintenance program for the lighting equipment that is installed. b. Upon receipt of a complete Reimbursement Request from the CITY that meets the requirements of this Agreement, the CRA shall remit funding in the amount requested, consistent with this Agreement,to the CITY within thirty(30)days of receipt of the Reimbursement Request. C. If the CITY fails to submit a Reimbursement Request within 45 days prior to the end of Fiscal Year in which the individual improvements of Exhibit"A" achieves final completion, the CITY will no longer be eligible to receive any reimbursement and this Agreement shall terminate. If the CITY submits a Reimbursement Request that the CRA deems incomplete, the CRA shall notify the CITY in writing. The CRA may ask for additional documentation that could reasonably be used to evaluate or support the Reimbursement Request. The CITY shall have 30 days from receipt of the notice to provide the necessary documentation to complete the 01388588-1 3 Reimbursement Request. If the CITY fails to provide the documentation required by the CRA within 30 days, the CITY shall only be eligible for the portion of the Reimbursement Request, if any, that the CRA deems complete and eligible. The CRA will not reimburse the CITY for any portion of the request the CRA deems ineligible for reimbursement. 5. Limits of CRA Obligations for the Project. The Parties agree that the CRA shall only be responsible for providing reimbursement to the CITY for eligible expenses for the Project, and shall not otherwise be responsible for effectuating the Project or maintaining any lighting improvements as a result of the Project. 6. Indemnification. The CITY shall indemnify, save, and hold harmless the CRA, its agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed, or recovered against or from the CRA, its agents, or its employees, by reason of any property damages or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to the negligent or wrongful conduct of persons or the faulty equipment (including equipment installation and removal) associated with the Project. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA or the CITY as set forth in Section 768.28, Florida Statutes. This paragraph shall not be construed to require the CITY to indemnify the CRA for CRA's own negligence, or intentional acts of the CRA, its agents or employees. 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. 7. Term of the Agreement. This Agreement shall become valid and commence upon execution by the last Party to this Agreement, and unless earlier terminated pursuant to this Agreement, shall terminate after the Project has obtained an approved final inspection, or equivalent, and the CRA reimburses the CITY for the Project, or on January 31, 2024 ("Termination Date"), whichever comes first. In no case shall the CRA be required to reimburse the CITY for any untimely requests, or requests submitted after this Agreement is terminated. The term of the Agreement may be extended only upon the execution of a written amendment signed by the CITY Commission and the CRA Board. Nothing in this paragraph shall be construed so as to affect a Party's right to terminate this Agreement in accordance with other provisions in this Agreement. 01388588-1 4 8. Records. The CITY and the CRA each shall maintain their own records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each Party shall have access to the other Party's books, records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and at least 1 year after the termination of the Agreement. 9. Filing. The CITY shall file this Interlocal Agreement pursuant to the requirements of Section 163.01(11) of the Florida Statutes 10. Default. Unless otherwise provided in this Agreement, if either Parry defaults by failing to perform or observe any of the material terms and conditions of this Agreement for a period of ten (10) calendar days after receipt of written notice of such default from the other Party,the Parry giving notice of default may terminate this Agreement through written notice to the other Parry. Failure of any Parry to exercise its right in the event of any default by the other Parry shall not constitute a waiver of such rights. No Parry shall be deemed to have waived any rights related to the other Party's failure to perform unless such waiver is in writing and signed by both Parties. Such waiver shall be limited to the terms specifically contained therein. This section shall be without prejudice to the rights of any Party to seek a legal remedy for any breach of the other Parry as may be available to it in law or equity. 11. No Third Party Beneficiaries. Nothing in this Agreement shall be deemed to create any rights in any third parties that are not signatories to this Agreement. 12. Compliance with Laws. The CITY and the CRA shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida and of any other public authority which may be applicable. 13. 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. 01388588-1 5 14. Severability. If any part of this Agreement is found invalid or unenforceable by any court, such the remainder of the Agreement shall continue to be binding upon the Parties. To that end, this Agreement is declared severable. 15. Governing Law and Venue. The terms 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 laws principles. Any and all legal actions necessary to enforce the terms of this Agreement shall be conducted in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, if in federal court, in the United States District Court for the Southern District of Florida, to which the Parties expressly agree and submit. 16. No Discrimination. Parties 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. 17. Notice. Whenever either Party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt, addressed to the Party for whom it is intended at the place last specified; and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the Parties designate the following as the respective places for giving of notice: a. CITY: Lori LaVerriere, City Manager City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 b. CRA: Michael Simon, Executive Director Boynton Beach CRA 100 E. Ocean Avenue 4th Floor Boynton Beach, Florida 33435 c. Copies To: James A. Cherof Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 01388588-1 6 Tara Duhy, Esquire Lewis, Longman & Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 18. No Transfer. The Parties shall not, in whole or in part, subcontract, assign, or otherwise transfer this Agreement or any rights, interests, or obligations hereunder to any individual, group, agency, government, non-profit or for-profit corporation, or other entity without first obtaining the written consent of the other Parry. 19. Interpretation; Independent Advice. This Agreement shall not be construed more strictly against one Party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the Parties. The Parties declare that the terms of this Agreement have been read and are fully understood. The Parties understand that this is a binding legal document, and each Party is advised to seek independent legal advice in connection with the matters referenced herein. 20. 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. 21. Survival. The provisions of this Agreement regarding indemnity, waiver, termination, maintenance of trees, and records shall survive the expiration or termination of this Agreement and remain in full force and effect. 22. Time is of the Essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement. [Signatures on following page.] 01388588-1 IN WITNESS WHEREOF,the CITY and the CRA hereto have executed this Agreement as of the later of the dates set forth below. ATTEST: CITY OF BOYNTON BEACH, a Florida municipal corporation By: Crystal Gibson, CITY Clerk Steven B. Grant, Mayor Approved as to Form: Date: (SEAL) Office of the CITY Attorney Approved as to Form: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Office of the CRA Attorney Steven B. Grant, Chair Date: 01388588-1 8 EXHIBIT "A" BOYNTON BEACH CRA STREETSCAPE/LIGHTING IMPROVEMENTS LIST ID IMPROVEMENTS LOCATIONS* I Ocean Avenue (East) Ocean Avenue between Federal Highway to Seacrest Boulevard 2 East MLK Jr. Boulevard Corridor MLK Jr. Boulevard between Seacrest Boulevard Streetscape and Federal Highway 3 Ocean Avenue Bridge Under/Over bridge 4 FPL LED Conversion/Upgrade Both sides of Federal Highway from Gulfstream Boulevard to Gateway Boulevard 5 Seacrest Boulevard(West side) NW 1st Avenue to SW 1st Avenue 6 Ocean Avenue (West) Ocean Avenue between Seacrest Boulevard to NW 3rd Street(along Sharrow path) 7 INCA Trail Along NE 7th - 10th Avenues, between Federal Highway and NE 7th Street 8 Casa Costa Frontage Federal Highway in front of Casa Costa * Note: The locations of the lighting improvements are subject to change upon mutual agreement of the parties. 01388588-1 9 1 I, B E AC H C R A COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: June 8, 2021 OLD BUSINESS AGENDAITEM: 15.E. SUBJECT: Palm Beach County Housing Authority Project Update SUMMARY: CRA Staff has been keeping the CRA Board up to date on the Palm Beach County Housing Authority's vacant lots located in Cherry Hill (Attachment 1). Below is the general background on the lots: • On November 14, 2019 Larry Greenberg, former Chief Development Officer of the Palm Beach County Housing Authority (PBCHA), advised CRA staff that the PBCHA would submit a Special Application Center request to HUD for permission to dispose of the Cherry Hill vacant lots through the competitive process of placing the lots for sale on the open market (Attachment 11). • On July 9, 2020, a virtual meeting was held with the CRA Director, City Manager, Palm Beach County Housing Authority (PBCHA) Director, Carol Jones-Gilbert, along with her Chief Development Officer and Board Chair to discuss the disposition status of their vacant parcels located within the Heart of Boynton District. Ms. Jones-Gilbert stated that the PBCHA was actively working with the Department of Housing & Urban Development (HUD) office to complete their Special Application for Disposal of these and many other parcels owned by their Agency. According to Ms. Jones-Gilbert, they were receiving several hours of technical assistance from HUD advisors on July 15, 2020, to be better prepared throughout the disposal process. The PBCHA made it clear to us that they understand the CRA and City's desire to have those lots developed into new home ownership opportunities and are willing to work with them in any way possible to achieve that goal. Ms. Jones-Gilbert concluded the meeting by assuring us that she will keep us informed as the disposal process continues. • On October 2, 2020, the CRA and City received an email update from Tammy MacDonald, PBCHA's Chief Development Officer stating that they have started the HUD Property Disposition Application, will need to perform appraisals on the parcels, perform environmental reviews, consult with their PBCHA Resident Advisory Board in October and requested a letter of support from the City of Boynton Beach (Attachments I I I & IV). Since the last update to CRA Board on October 13, 2020 the following has occurred: • City Staff provided PBCHA with assistance on the HUD Property Disposition Application. • I n November, 2020 the PBCHA issued and awarded a Request for Quote for Real Estate Appraisal Services for the PBCHA lots located in the Heart of Boynton (Attachment V). • On March 8, 2021 the PBCHA awarded auctioneer services for real estate and surplus property(Attachment VI). • On May 11, 2021 CRA Staff requested, via email to Tammy MacDonald, to provide the awarded auctioneer with the CRA information in order to be included in any and all notifications regarding the auction process (Attachment VI 1). • CRA Staff performed appraisals on the vacant lots owned by PBCHA within the CRA Area (Attachment V 111). The PBCHA's application will still be required to be approved by the HUD Special Application Center(SAC) prior to disposition in open market through the public bidding process. To date CRA Staff has received no specific details on the auction process once the application is approved by HUD. In an effort to be prepared for the auction CRA Staff is requesting the CRA Board to discuss and approve funding to participate in the auction when it occurs. FISCAL IMPACT: To be determined by the CRA Board - Budget Line Item 02-58200-401 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: To be determined by the CRA Board ATTACHMENTS: Description D Attachment I - PBCHAAerial Map D Attachment II - November 14, 2019 Email from PBCHA D Attachment III -October 2, 2020 Email from Tammy McDonald D Attachment IV -October 5, 2020 Letter of Support from Mayor Grant D Attachment V - PBCHA Bid Tabulation for Quote for Real Estate Appraisal D Attachment VI - PBCHA Notice of Award of Auctioneer Services D Attachment VII - Email RE CRA contact info to auctioneer D Attachment VIII -Vance Appraisal Letter and Supportive Documents �s 1 r 0 .+ !dry$, , 1 t �z MN x" { 7 ; x ? 1 v r, t �u' t _ L 4 ry � 4 i � s -- A , „ ) a� °r n 3y �� d . j > From: Larry Greenberg <LGreonberu@PBC » Sent: Friday, November |5, 201921OPK4 To: Simon, Michael; Utterback,Theresa Cm: Carol]mnes-Gi|bert; Maxine Gayle Subject: RE: Palm Beach County Housing Authority/Cherry Hill Lots Absolutely will do Sir. 4a' ^�y 6ree^7he,y O^ ^�c~~' � A7�� b�eh �M17e��� 3432 West 45���Stneet West Palm Beach, Florida 33407 (561) 718-2865 /MobOe\ (561) 684-2160x103 (C)ffime) Web Sife This e-mail and any files transmitted with it are confidentia I and are intended solely for the use of the individua I or entity to whom they are addressed.This communication may contain material protected by attorney-client privilege.If you are not the intended recipient or the person responsible ford elivering the e-mail to the intended recipient,be advised that you have received this e-mail merror and that any use,dissemination,forwarding,printing v,copying ofthis e-mail/s strictly prohibited. From:Simon, Michael [nmai|to:SinnonM@bbfius] Sent: Friday, November 1S, 2O191:3OPW1 To: Larry Greenberg<LGreenberg@PBCHAFL.org>; Utterback,Theresa <UtterbackT@bbfl.us> Cc:Carol Jones-Gilbert<CJones-Gilbert@PBCHAFL.org>; Maxine Gayle<MGayle@PBCHAFL.org> Subject: RE: Palm Beach County Housing Authority/Cherry Hill Lots Thank you Larry. P|easakeepuainthe |oopasyoumnovefmnwandsovve'Uat |easthevea"chance"tobuytha |andandbui|daffbndab|a housing. Michael Simon, FRA-RA, CP3P, LRES Executive Director Boynton Beach Community Redevelopment Agency 710N. Federal Hwy. | Boynton Beach, Florida 33485 � 561-6OQ-BO92 | �� �61-���-�2�� �'i SimonKA@bbf|.os http://wwvv.cetchboynton.cmm z BOYNTON '' dmoll� BEACH America's Gateway tote Gutfstrearn Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records. Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. From: Larry Greenberg< nbler Ce BCH ar > Sent:Thursday, November 14,2019 6:12 PM To: Utterback,Theresa< tt rbacF l @� tl a >; Simon, Michael< ir:r: ' , rb�l Iis> Cc:Carol Jones-Gilbert< J,res- Il r r jFI ar >; Maxine Gayle<MI „ _, F FI > Subject: Palm Beach County Housing Authority/Cherry Hill Lots Good Afternoon Michael and Theresa, As you are aware,we have had several meetings regarding the above referenced lots,and unfortunately the density requirements present a challenge for the Authority. We do appreciate the time and effort spent, however after much consideration,we have decided to submit a Special Application Center request to HUD, requesting,permission for the disposition of these lots by means of a competitive process,on the open market. I am happy to keep you in the loop as we move forward. Thank you, p 2 West 45th Street West Palm Beach, Florida 33407 (561)718-2865 (Mobile) ( 1) 4-21 x1 (office) Web This e-mail and any files transmitted with it are confidential and are Intended solely for the use of the individual or entity to whom they are addressed.This communication may contain material protected by attorney-client privilege.If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient,be advised that you have received this e-mail in error and that any use,dissemination,forwarding,printing or copying of this e-mail is strictly prohibited. 10/7/2020 Mail-Shutt,Thuy-Outlook Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. From:Tammy McDonald [mailto:TMcDonald@pbchafl.org] Sent: Friday, October 2, 2020 12:24 PM To: Simon, Michael <SimonM@bbfl.us>; LaVerriere, Lori <LaVerriereL@bbfl.us> Cc:Carol Jones-Gilbert<CJones-Gilbert@PBCHAFL.org> Subject: RE:Touching Base from Boynton Beach Good morning Michael, Trusting all is well with you and yours. Just touching base to give you an update as promised on the status of the PBCHA vacant lots disposition in Boynton Beach. We have started the SAC application process as planned and have been in contact with the SAC Applications Center as well as our local HUD field office for expediting. Before submission to HUD, there are several tasks which must be completed as follows: • Local government letter of support — I have attached a template which should be placed on the City of Boynton Beach's letterhead and signed by the Mayor. Please confirm that you will assist with this requirement. • Appraisal performed within 1 year of application date —the appraisals we have were done last June and must be updated. We are awaiting response from the appraiser as to how long it will take to perform updates. • Environmental Review Reports have been ordered and should be completed within 45 days. • Resident Advisory Board consultation is tentatively planned for October 15, 2020 • Board Resolution must be performed after Local Government Consultation and Resident Advisory Board consultation. Our plan is that this step can be taken at the October 19, 2020 PBCHA Board meeting. Assuming all tasks are completed as planned, we should be able to submit the fully completed application to HUD by mid November. Thanks for your patience. Regards, Tammy McDonald l Chief Development Officer Palm Beach County Housing Authority 3432 West 45th Street https://outlook.office365.com/mail/deeplink?version=20200928003.10&popoutv2=1 5/17 10/7/2020 Mail-Shutt,Thuy-Outlook West Palm Beach,FL 33407 Office:(561)684-216o,ext.103 Cell: (561)718-2865 Fax: (561)455-9965 Email:tmcdonald@pbchafl.org P � y Ids f� Under Florida law, e-mail addresses, and all communications, including e-mail communications, made or received in connection with the transaction of Palm Beach County Housing Authority business are public records, which must be retained as required by law and must be disclosed upon receipt of a public records request, except as may be excluded by federal or state laws. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. CONFIDENTIALITY NOTICE. This communication is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§2510-2521. It is legally privileged(including attachments)and is intended only for the use of the individual(s)or entity(ies) to which it is addressed. It may contain information that is confidential, propriety,privileged, and/or exemptfrom disclosure under applicable law. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon this information by persons or entities other than the intended recipient is strictly prohibited. If you have received this communication in error,please notify us at tmcdonald ft hafl.org,so that e may take the appropriate action and avoid troubling you further. If you are not the intended recipient(s), please destroy this message, any attachments, and notify the sender by return e-mail. Thank you for your cooperation. From: Simon, Michael <SimonM@bbfl.us> Sent:Wednesday, September 2, 2020 11:03 AM To:Tammy McDonald <TMcDonald@pbchafl.org>; LaVerriere, Lori <LaVerriereL@bbfl.us> Cc:Carol Jones-Gilbert<CJones-Gilbert@PBCHAFL.org> Subject: RE:Touching Base from Boynton Beach Importance: High Tammy: I greatly appreciate your email response below. This will be extremely helpful when Lori and I are questioned by the City Commission or CRA Board as to the status of these lots. Good luck with the application and if you need any letters of support or anything else, please let us know. Have a great day. Michael Simon, FRA-RA, CP3P, LRES Executive Director Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. Boynton Beach, Florida 33435 561-600-9091 JEJ 561-737-3258 https://outlook.office365.com/mail/deeplink?version=20200928003.10&popoutv2=1 6/17 m %e City of Boynton Beach OFFICE OF THE C17Y COMMISSION ® Mayor Steven S.Grant 100 East Ocean Avenue Boynton Beach, Florida33435 (P): 551-742-6010 I (F):561-742-6011. rwww.boynton-beach.org October 5, 2020 Carol Jones-Gilbert Executive Director Palm Beach County Housing Authority 3432 W.45th Street West Palm Beach, Fl. 33407 Dear Ms.Jones-Gilbert: I have the great pleasure to express the City of Boynton Beach's enthusiastic support for your Disposition Application.The application would permit the Palm Beach County Housing Authority("PBCHA")to dispose of 44 vacant lots located in the Cherry Hills subdivision of Boynton Beach through a public auction and use the proceeds to develop or acquire affordable housing in areas of need within Palm Beach County. The disposition of these lots will allow the Boynton Beach CRA and other interested affordable housing developers the opportunity to create affordable housing options for our residents as well as increase the value of the property to both the neighborhood and the City. The Palm Beach County Housing Authority is seeking HUD's approval to procure an experienced, licensed real estate auctioneer for the sale of the lots at or above market value. The auction would further assist the City of Boynton Beach with our goal to rejuvenate the Cherry Hills community and would be in the best interest of all involved. Sincerely, Steven B. Grant Mayor i CA C O C) a o C Lno V1 M m r,� N N O C0 th N CL r +a+ uj m � a am 4 ® Z o c o c o •- U � H 3 p Cr N O N W O z C O r u J •� > 4� .,*OPAIY rr i r cG otrL 7- 77 a m O oC r'4 ar, NOTICE OF AWARD March 8, 2021 Re: Notice of Award Unsealed Request for Proposal for Auctioneer Services (Real Estate and Surplus Property) Thank you for submitting your proposal for solicitation reference above dated January 8, 2021. The following vendors submitted responses to the above solicitation: ➢ GovDeals.com ➢ Fisher Auction Company We announce our intent to award a contract to: ➢ GovDeals.com -"Surplus Property" ➢ Fisher Auction Company—"Real Estate" We would like to thank each vendor for your time and efforts in preparing a response to this solicitation. We invite you to contact the Contracts and Procurement Manager if you would like additional information or have any questions about the solicitation process. The successful vendor is instructed not to begin work, purchase materials, or enter subcontracts relating to the project until both the recipient and the Palm Beach County Housing Authority sign the contract. We appreciate your interest in doing business with the Palm Beach County Housing Authority, Sincerely, Carol Jones-Gilbert, Executive Director CLG/Ip Utterback, Theresa From: Utterback, Theresa Sent: Tuesday, May 11, 2021 11:13 AM To: Tammy McDonald Cc: Michael Simon; Shutt,Thuy; LaVerriere, Lori; Walls, Candace; Nicklien, Bonnie Subject: Palm Beach County Housing Authority-Vacant Lots - Cherry Hill, Boynton Beach Follow Up Flag: Follow up Flag Status: Flagged Categories: Green Category Tracking: Recipient Delivery Tammy McDonald Michael Simon Shutt,Thuy Delivered:5/11/2021 11:13 AM LaVerriere,Lori Walls,Candace Nicklien, Bonnie Delivered:5/11/2021 11:13 AM Hello Tammy, It was a pleasure speaking with you. Thank you for the updated information on the auction of the PBCHA lots in Cherry Hill. I will be sure to keep an eye on your website for updates. In the meantime, please be sure to provide the auctioneer(along with my information)the information below so that the CRA is included in any and all notifications regarding the auctioning process. Michael Simon, CRA Executive Director—561-600-9091 simonm( bbfl.us Thuy Shutt, CRA Assistant Director—561-600-9098 shuttT@bbfl.us Thanks again,we are all looking forward to working with the PBCHA on this and future projects. Sincerely, Theresa 1 sf, Vance Real Estate Service t= r E June 1,2021 Boynton Beach Community Redevelopment Agency ,`�sf, 710 North Federal Highway — Boynton Beach, FL 33435 i Re: Land owned by Palm Beach County Housing Authority, in Boynton Beach, FL 33435 Ladies and Gentlemen: We have concluded the research and valuation for the vacant land owned by Palm Beach County Housing Authority located on NW 12 Avenue and NW 13 Avenue, west of NW 3Street, Boynton Beach, FL 33435. While completing the written documentation, we list the final property value for your perusal. Our appraisal, in which we develop our opinion of market value for the fee simple interest in the referenced real property as of June 1, 2021, has been prepared in conformity with the Uniform Standards of Professional Appraisal Practice (USPAP 2020-2022). The report is for exclusive use of the client for possible acquisition of the appraised property. i Jesse B. Vance, Jr. and Claudia Vance visited the property. As a result of our analyses, we have developed the opinion that the market value, subject to definitions, certifications and limiting conditions in the forthcoming report, as of June 1, 2021 is: NINE HUNDRED SEVENTY-EIGHT THOUSAND DOLLARS $978,000 Respectfully submitted, A CP, Jesse B. Vance, Jr., MAI, SRA, ASA State-Certified General Real Estate Appraiser RZ-85 C�-- Claudia Vance, MAI State-Certified General Real Estate Appraiser RZ-173 MBA in REAL ESTATE DEVELOPMENT&MANAGEMENT 7481 Northwest 41h Street,Plantation,FL 33317-2204 954/583-2116 -- CERTIFICATION I certify that, to the best of my knowledge and belief,the statements contained in this report are true and correct. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal,unbiased professional analyses, opinions, and conclusions. I have no present or prospective interest in the property that is the subject of this report, and I have no bias or personal interest with the parties involved. The appraisal assignment was not based on a requested minimum valuation, a specific valuation, or the approval of a loan. My compensation is not contingent on an action or event resulting from the analyses, opinions, or conclusions in, or the use of, this report. I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute. The analyses, opinions and conclusions were also developed and the report prepared in conformity with the Uniform Standards of Professional Appraisal Practice, which is included in the Appraisal Institute's Standards, and Chapter 475,Part 11 F.S. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. The use of this report is (also) subject to the requirements of the State of Florida relating to review by the Florida Real Estate Appraisal Board. I have visited the property that is the subject of this report on May 29, 2021. Jesse B. Vance, Jr. and Claudia Vance are responsible for the analyses, conclusions and opinions concerning real estate set forth in this report. No one else has provided significant professional service to the persons signing this report. The Appraisal Institute and the American Society of Appraisers each conduct programs of continuing education for their designated members. As of the date of this report, Jesse B. Vance, Jr. and Claudia Vance have completed the requirements of the continuing education program of the Appraisal Institute. Continuing educational requirements are also completed for the American Society of Appraisers and the State of Florida. June 1, 2021 Jesse B. Vance, Jr., MAI, SRA, ASA Florida State-CertifiedGeneralReal Estate Appraiser No. RZ-85 June 1,2021 Claudia Vance,MAI Florida State-Certified General Real Estate Appraiser No.RZ-173 CERTIFICATION AND LIMITING CONDITIONS The statements and conclusions contained in this report,subject to the limiting conditions hereafter cited,are correct to the best of the writers'knowledge. I. The undersigned have personally inspected the subject of this report. No pertinent information has been knowingly withheld. 2. Unless specifically included,the subject is analyzed as though free and clear of liens and encumbrances. 3. No responsibility is assumed for legal matters,nor is an opinion of title rendered. Title is assumed to be good and held in Fee Simple,unless excepted. 4. Legal descriptions and property dimensions have been f m-iished by others; no responsibility for their correctness is assumed. Sketches which may be in the report are for illustrative purposes only. 5. Possession of any copy of this report does not cant'with it the right of publication,duplication,or advertising using the writers'names or professional designations or membership organizations. 6. The writers are not required to testify without prior agreement. 7. Neither the employment to make this appraisal nor compensation therefore is contingent on the value reported. 8. Where divisions are made between land,improvements, etc.,the values estimated for each apply only under the cited use or uses. 9. The value applies ONLY as of the date of valuation stated within the report. 10. The writers certify that they have no present,past or contemplated interest in the subject of this report-unless specifically stated. 11. This report is the property of the indicated client. It may not be used by any other party for any purpose not consistent with the written function of this report without the express written consent of the writers AND client. 12. The reported analyses,opinions and conclusions were developed,and this report has been prepared,in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Practice and Conduct of the Appraisal Institute. The work also conforms to the Uniform Standards of Professional Appraisal Practice. 13. Soil or sub-soil contamination may exist from current or prior users, or users outside the property concerned. The appraisers are not qualified to detect such substances. We urge the client to retain an expert in this field if desired. 14. The appraisers have not been provided a Habitat Survey, Endangered Species Survey, or analysis by a qualified environmental specialist indicating the presence of or proximity to environmentally sensitive and/or protected land or species which could affect the use, and possibly, value of the appraised property. The appraisers are not qualified to identify these factors. We recommend that an expert be hired where there may be reasonable cause to expect the presence of any of the cited elements. 15. Jesse B.Vance,Jr. and Claudia Vance are responsible for the analyses,conclusions,and opinions of real estate set forth in this report. No one else provided significant professional assistance to the signers of this report. 16. Prospective value is based on current conditions and trends. The appraisers cannot be held responsible for unforeseeable events which might alter market conditions upon which market value opinion has been developed. 17. The appraisers certify that they have the knowledge and experience required to perform this appraisal assignment. 18. The appraisers reserve the right to amend or change this report at any time additional market information is obtained which would significantly affect the value. 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SUBJECT: Discussion and Consideration of a Purchase and Sale Agreement for 133 NE 4th Avenue SUMMARY: Over the past several weeks, CRA staff has been working with the legal counsel representing the owners of the property located at 133 NE 4th Avenue. 133 NE 4th Avenue is the larger of the two remaining privately owned properties adjacent to the CRA owned Cottage District Project site (Attachment 1). Based on discussions and negotiations with the owners' legal counsel concerning terms that would be agreeable to them, CRA staff has prepared a Purchase and Sale Agreement for the Board's consideration. The language of the Agreement was approved by CRA legal counsel and contains the following key terms (Attachment 11): • Purchase price of $300,000 • Purchaser responsible for closing costs • Sellers to lease back property, rent free, for 120 days after closing with a one 60 day extension • Sellers' attorney will hold a $25,000 security deposit in escrow which will be released to the Sellers upon them vacating the property within the specified timeframe The property was appraised on June 1, 2021 at a market value of$270,000.00 (Attachment 111). The property is 0.1723 acres with the lot measuring approximately 50' x 150'. The addition of this lot would greatly enhance the Cottage District Project as it is the one of two remaining privately owned lots on NE 4th Avenue. The CRA Board may recall that it approved an offer to Valerie Brown-Mcl ntosh, the owner of 115 NE 4th Avenue, in the amount of $275,000. 115 NE 4th Avenue is a smaller lot consisting of 0.1148 acres and measuring approximately 50' x 100' (Attachment I V) . Ms. Mcl ntosh rejected the CRA Board's offer and counter offered a price of $320,000 which was not accepted by the CRA Board. FISCAL IMPACT: FY 2020-2021 Budget; Project Fund Line Item #02-58200-406: $312,000 including closing costs CRA P LAN/P ROJ ECT/P ROG RAM: Cottage District Project-2016 Boynton Beach Community Redevelopment Plan. CRA BOARD OPTIONS: 1. Approve the Purchase of 133 NE 4th Avenue as outlined in the Purchase and Sale Agreement for an amount not to exceed $300,000 and authorizing the CRA Board Chair to execute the Purchase and Sale Agreement subject to final legal review. 2. Do not approve the Purchase of 133 NE 4th Avenue. 3. Provide CRA staff with counteroffer options. ATTACHMENTS: Description D Attachment I - 133 NE 4th Ave Location Map D Attachment II - Draft Purchase & Development Agreement D Attachment III - Property Appraisal D Attachment IV - 115 NE 4th Ave Location Map PAPA Barmer Location Address 133 NE 4TH AVE Municipality BOYNTON BEACH Parcel Control Nu nber 08-43-45-21-29-003-0031 SuNfivision SHEPARD ADD TO TOWN OF BOYNTON IN Official Records Boob 28212 Page 1242 Sala:Tate MAR 2016 Le-gal Description SHEPARD ADD SE 1/4 OF LT 3 BLK 3 Owners -- Mailing address FRANCOIS JEAN O 133 NE 4TH AVE JOSEPH ROSENA& BOYNTON BEACH FL 33435 3865 Tate Price OR BooldPage Sale yl 1Twaxaer MAR $10 28212/01242 QUIT CLAIM FRANCOIS JEAN O& 2016 2014 $136,000 27023/00758 WARRANTY' FRANCOIS JEAN O& APR-2014 $0 26725/00342 CERT OF TITLE FEDERAL NATIONAL MTG ASSN 2M 06 $145,000 20145/01479 WARRANTY' BOARDLEY STEVE 2003 $131,000 16378/00788 WARRANTY' BOARDLEYLOUISE 12 Exc tion Applicant/(hv aer Ye ar Detail JOSEPH ROSENA& 2021 ,Total Square Nuusr of Units 1 Feet 1602 Acres 0.1723 Use Code 0100- SINGLE ; main ;R2-R2 DUPLEX, 10 DU/AC(08- FAMILY BOYNTON BEACH) 'T'ax Year 2020 2019 2018 Improvement Value $145,914 $147,729 $121,242, Land Value $30,000 $20,000 $20,117'' Total Market Value $175,914 $167,729 $141,359 All values are as of January 1 st each year 'T'ax Year 2020 2019 2018 AssessedValue $159,202 $149,770 $141,359 E xemption Amount $48,679 $47,022 $45,679 Taxable Value $110,523 $102,748 $95,680 'T'ax Year 2020 2019 2018 Ad Valorem $2,548 $2,422 $2,151, Nora Ad Valorem $293 $295 $295 Total tax $2,841 $2,717 $2,446'' MIM {yrr&yV1 F s1 I \\'+t�l�'�iG�SiSii�ll��'E-:_,.�CS}?"��� �:' o,�;l .3.��54��1�.:° _ ,3}a t, i'�..'.,sa4�zm.— £t333}�ll�[ ����y;•yy3}�F�f£!+s �,, i�» t,:�"rS"t{, F� r , S, r r � ( I } d \ 1l {fit , t � t t I r ,! I .S�i��,�, s£, rt �+) A ( t .,..P Al 0; sai 'a' r + { �} �., . ., N �{`€ftF�� 1�y�,{ ",�r��kei�............���y ��4fl��1���� PURCHASE AND SALE AGREEMENT This Purchase and Sale Agreement (hereinafter "Agreement") is made and entered into as of the Effective Date (hereinafter defined), by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes(hereinafter"PURCHASER") and Jean O. Francois and Rosena Joseph (hereinafter "SELLER"). In consideration of the mutual covenants and agreements herein set forth, the Parties hereto agree as follows: 1. PURCHASE AND SALE/PROPERTY. SELLER agrees to sell and convey to PURCHASER and PURCHASER agrees to purchase and acquire from SELLER, on the terms and conditions hereinafter set forth,the Properties located at 133 NE 4th Avenue, Boynton Beach, in Palm Beach County, Florida (the "Properties") and more particularly described as follows: The East 50 Feet of the South 150 Feet of Lot 3, Block 3 of SHEPARD ADDITION TO BOYNTON BEACH, according to the Plat thereof as recorded in Plat Book 2, Page 59, of the Public Records of Palm Beach County, Florida. 2. PURCHASE PRICE AND PAYMENT. The Purchase Price to be paid for the Property shall be Three Hundred Thousand and 00/100 Dollars ($300,000.00), payable in cash, by wire transfer of United States Dollars at the Closing. 3. DEPOSIT. 3.1 Earnest Money Deposit. Within five (5) Business Days after the execution of the Purchase Agreement by both parties, PURCHASER shall deliver to Lewis, Longman & Walker, PA ("Escrow Agent") a deposit in the amount of Ten Thousand and 00/100 Dollars ($10,000.00) the "Deposit"). 3.2 Application/Disbursement of Deposit. The Deposit shall be applied and disbursed as follows: The Deposit shall be delivered to SELLER at Closing and the PURCHASER shall receive credit for such amount against the Purchase Price. If this Agreement is terminated during the Feasibility Period (hereinafter defined) for any reason, the Deposit shall be immediately refunded to the PURCHASER. If this Agreement is terminated due to a default, pursuant to Section 12,the Deposit shall be delivered to (or retained by, as applicable) the non-defaulting Party, and the non- defaulting Party shall have such additional rights, if any, as are provided in Section 12. 3.3 Escrow Agent. PURCHASER and SELLER authorize Escrow Agent to receive, deposit and hold funds in escrow and, subject to clearance, disburse them upon proper PURCHASER's Initials: SELLER's Initials: _ 01499545-1 Purchase and Sale Agreement Page 2 of 21 authorization and in accordance with Florida law and the terms of this Agreement. The parties agree that Escrow Agent will not be liable to any person for misdelivery of escrowed items to PURCHASER and SELLER, unless the misdelivery is due to Escrow Agent's willful breach of this Agreement or gross negligence. If Escrow Agent interpleads the subject matter of the escrow, Escrow Agent will pay the filing fees and costs from the deposit and will recover reasonable attorney's fees and costs to be paid from the escrowed funds which are charged and awarded as court costs in favor of the prevailing party. All claims against Escrow Agent will be arbitrated, so long as Escrow Agent consents to arbitrate. 4. EFFECTIVE DATE. The date of this Agreement (the "Effective Date") shall be the date when the last one of the SELLER and PURCHASER has signed this Agreement. 5. CLOSING. The purchase and sale transaction contemplated herein shall close on or before July 20, 2021 (the "Closing"), unless extended by other provisions of this Agreement or by written agreement, signed by both parties, extending the Closing. 6. TITLE TO BE CONVEYED. At Closing, SELLER shall convey to PURCHASER, by Warranty Deed complying with the requirements of the Title Commitment (hereinafter defined), valid,good, marketable and insurable title in fee simple to the Property,free and clear of any and all liens, encumbrances, conditions, easements, assessments, restrictions and other conditions except only the following (collectively, the "Permitted Exceptions"): (a) general real estate taxes and special assessments for the year of Closing and subsequent years not yet due and payable; (b) covenants, conditions, easements, dedications, rights-of-way and matters of record included on the Title Commitment or shown on the Survey (defined in Section 7), to which PURCHASER fails to object, or which PURCHASER agrees to accept, pursuant to Section 7.1 and Section 7.2 hereof. 7. TITLE REVIEW. Within twenty (20) days of the Effective Date, PURCHASER shall obtain, at the PURCHASER's expense, from a Title Company chosen by PURCHASER (hereinafter "Title Company"),a Title Commitment covering the Property and proposing to insure PURCHASER in the amount of the Purchase Price subject only to the Permitted Exceptions, together with complete and legible copies of all instruments identified as conditions or exceptions in Schedule B of the Title Commitment. Any and all assessments, outstanding utility charges, liens and other matters not constituting Permitted Exceptions shall be paid by Seller prior to or at closing from Seller's proceeds. PURCHASER shall examine the Title Commitment and deliver written notice to SELLER no later than thirty (30) days after the Effective Date notifying SELLER of any objections PURCHASER has to the condition of title (hereinafter "Title Objections"). If PURCHASER fails to deliver the Title Objections to SELLER within the aforesaid review period, title shall be deemed accepted subject to the conditions set forth in the Title Commitment. If PURCHASER timely delivers the Title Objections,then SELLER shall have thirty(30) days to diligently and in good faith undertake all necessary activities to cure and remove the Title Objections (hereinafter "Cure PURCHASER's Initials: SELLER's Initials: _ 01499545-1 Purchase and Sale Agreement Page 3 of 21 Period"). In the event that SELLER is unable to cure and remove, or cause to be cured and removed, the Title Objections within the Cure Period, to the satisfaction of PURCHASER, then PURCHASER, in PURCHASER's sole and absolute discretion, shall have the option of(i) extending the Cure Period and the Closing for one additional thirty(30) day period, or(ii) accepting the title as it then is but using such portion of the Purchase Price as may be necessary to pay and satisfy any mortgages, outstanding utility charges, delinquent property taxes and/or code enforcement and contractors' liens or other recorded claims of lien upon the property, or (iii) canceling and terminating this Agreement, in which case, the Deposit shall be split equally between the SELLER and PURCHASER and the Parties shall have no further obligations or liability hereunder, except for those expressly provided herein to survive termination of this Agreement. Prior to the Closing, PURCHASER shall have the right to cause the Title Company to issue an updated Title Commitment ("Title Update") covering the Property. If any Title Update contains any conditions which did not appear in the Title Commitment, and such items render title unmarketable, PURCHASER shall have the right to object to such new or different conditions in writing prior to Closing. All rights and objections of the Parties with respect to objections arising from the Title Update shall be the same as objections to items appearing in the Title Commitment, subject to the provisions of this Section. 7.1. Survey Review. PURCHASER, at PURCHASER's expense, shall obtain a current boundary survey (the "Survey") of the Property, indicating the number of acres comprising the Property to the nearest 1/100th of an acre. If the Survey discloses encroachments on the Property or that improvements located thereon encroach on setback lines, easements, lands of others or violate any restrictions, covenants of this Agreement, or applicable governmental regulations, the same shall constitute a title defect and shall be governed by the provisions of Section 7.1 concerning title objections. 7.2 SELLER Deliveries. SELLER shall deliver to PURCHASER the following documents and instruments within ten (10) days of the Effective Date of this Agreement, except as specifically indicated: 7.2.1 Copies of any reports or studies (including engineering, environmental, soil borings, and other physical inspection reports), in SELLER's possession or control with respect to the physical condition or operation of the Property, if any. 7.2.2 Copies of all licenses,variances, waivers, permits(including but not limited to all surface water management permits, wetland resource permits, consumptive use permits and environmental resource permits), authorizations, and approvals required by law or by any governmental or private authority having jurisdiction over the Property, or any portion thereof (the "Governmental Approvals"), which are material to the use or operation of the Property, if a ny. PURCHASER's Initials: SELLER's Initials: _ 01499545-1 Purchase and Sale Agreement Page 4 of 21 7.2.3 Prior to the Closing Date, SELLER shall execute and deliver to PURCHASER any and all documents and instruments required by PURCHASER, in PURCHASER's sole and absolute discretion, which: (i) effectuate the transfer to PURCHASER of those Governmental Approvals, or portions thereof which are applicable to the Property, that PURCHASER desires to have assigned to it, and/or (ii) cause the Property to be withdrawn from any Governmental Approvals. No later than thirty (30) days prior to the Closing Date, SELLER shall remedy, restore, and rectify any and all violations of the Governmental Approvals (including, but not limited to, any and all portions of the surface water management system, mitigation areas or other items which do not comply with the Governmental Approvals or applicable rules), if any. SELLER warrants that there will not be, at the time of Closing, any unrecorded instruments affecting the title to the Property, including, but not limited to any conveyances,easements, licenses or leases. 8. CONDITIONS TO CLOSING. PURCHASER shall not be obligated to close on the purchase of the Property unless each of the following conditions (collectively, the "Conditions to Closing") are either fulfilled or waived by PURCHASER in writing: 8.1. Representations and Warranties. All of the representations and warranties of SELLER contained in this Agreement shall be true and correct as of Closing. 8.2. Condition of Property. The physical condition of the Property shall be the same on the date of Closing as on the Effective Date, reasonable wear and tear excepted. 8.3. Pending Proceedings. At Closing, there shall be no litigation or administrative agency or other governmental proceeding of any kind whatsoever, pending or threatened, which has not been disclosed, prior to closing, and accepted by PURCHASER. 8.4. Compliance with Laws and Regulations. The Property shall be in compliance with all applicable federal, state and local laws, ordinances, rules, regulations, codes, requirements, licenses, permits and authorizations as of the date of Closing. 8.5. Occupancy. The property shall be conveyed to the PURCHASER at time of closing occupied under the terms and conditions described in the Lease Agreement and attached hereto as "Exhibit A". 9. CLOSING DOCUMENTS. The PURCHASER shall prepare, or cause to be prepared, the Closing Documents set forth in this Section, except for documents prepared by the SELLER'S Title Company. At Closing, SELLER shall execute and deliver, or cause to be executed and delivered to PURCHASER the following documents and instruments: 9.1. Deed. A Warranty Deed (the "Deed") conveying to PURCHASER valid, good, marketable and insurable fee simple title to the Property free and clear of all liens, PURCHASER's Initials: SELLER's Initials: _ 01499545-1 Purchase and Sale Agreement Page 5 of 21 encumbrances and other conditions of title other than the Permitted Exceptions. 9.2 Seller's Affidavits. SELLER shall furnish to PURCHASER an owner's affidavit attesting that, to the best of its knowledge, no individual or entity has any claim against the Property under the applicable construction lien law; and that there are no parties in possession of the Property other than SELLER. SELLER shall also furnish to PURCHASER a non-foreign affidavit with respect to the Property. In the event SELLER is unable to deliver its affidavits referenced above, the same shall be deemed an uncured title objection. 9.3. Closing Statement. A closing statement setting forth the Purchase Price, the Deposit, all credits, adjustments and prorations between PURCHASER and SELLER, all costs and expenses to be paid at Closing, and the net proceeds due SELLER, which PURCHASER shall also execute and deliver at Closing. 9.4. Corrective Documents. Documentation required to clear title to the Property of all liens, encumbrances and exceptions, if any, other than Permitted Exceptions. 9.5. Additional Documents. Such other documents as PURCHASER or the Title Company may reasonably request that SELLER execute and deliver, and any other documents required by this Agreement or reasonably necessary in order to close this transaction and effectuate the terms of this Agreement. 10. PRORATIONS, CLOSING COSTS AND CLOSING PROCEDURES. 10.1. Prorations. Assessments, rents, interest, insurance and other expenses of the Property shall be prorated through the day before Closing. PURCHASER shall have the option of taking over existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at Closing shall be increased or decreased as may be required by prorations to be made through the day prior to Closing. Advance rent and security deposits, if any,will be credited to PURCHASER. Taxes shall be prorated based upon the current year's tax with due allowance made for maximum allowable discount. 10.2 Ad Valorem Taxes. PURCHASER and SELLER shall comply with Section 196.295, Florida Statutes, with respect to the payment of prorated ad valorem taxes for the year of closing into escrow with the Palm Beach County Tax Collector's Office. In the event that, following the Closing, the actual amount of assessed real property tax on the Property for the current year is higher than any estimate of such tax used for purposes of the Closing, the parties shall re-prorate any amounts paid or credited based on such estimate as if paid in November. This shall survive the Closing. 10.3. Special Assessment Liens. Certified, confirmed and ratified special PURCHASER's Initials: SELLER's Initials: _ 01499545-1 Purchase and Sale Agreement Page 6 of 21 assessment liens imposed by public bodies as of Closing are to be paid by SELLER. Pending liens as of Closing shall be assumed by PURCHASER. If the improvement has been substantially completed as of the Effective Date, any pending lien shall be considered certified, confirmed or ratified and SELLER shall, at Closing, be charged an amount equal to the last estimate or assessment for the improvement by the public body. 10.4. Closing Costs. PURCHASER shall be responsible for recording the deed and half of all general closing expenses(settlement fee,courier fees, overnight package, etc.). SELLER is responsible for their own legal fees. All other costs of closing shall be borne by PURCHASER. 10.5 Closing Procedure. PURCHASER shall fund the Purchase Price subject to the credits, offsets and prorations set forth herein. SELLER and PURCHASER (as applicable) shall execute and deliver to Closing Agent the Closing Documents. The Closing Agent shall, at Closing: (i) disburse the sale proceeds to SELLER; (ii) deliver the Closing Documents and a "marked-up" Title Commitment to PURCHASER, and promptly thereafter, record the Deed and other recordable Closing Documents in the appropriate public records. 10.6 Existing Mortgages and Other Liens. At Closing, SELLER shall obtain, or cause to be obtained, satisfaction or release of record of all mortgages, liens and judgments applicable to and encumbering the Property. 11. REPRESENTATIONS, COVENANTS AND WARRANTIES. To induce PURCHASER to enter into this Agreement, SELLER makes the following representations, all of which, to the best of its knowledge, in all material respects and except as otherwise provided in this Agreement (i) are now true,and (ii)shall be true as of the date of the Closing unless SELLER receives information to the contrary, and (iii) shall survive the Closing. In that event, PURCHASER shall be provided immediate notice as to the change to the following representations: 11.1 At all times from the Effective Date until prior to Closing, SELLER shall keep the Property (whether before or after the date of Closing) free and clear of any mechanic's or materialmen's liens for work or materials furnished to or contracted for, by or on behalf of SELLER prior to the Closing, and SELLER shall indemnify, defend and hold PURCHASER harmless from and against all expense and liability in connection therewith (including, without limitation, court costs and reasonable attorney's fees). 11.2 SELLER has no actual knowledge nor has SELLER received any notice of any litigation, claim, action or proceeding, actual or threatened, against SELLER or the Property by any organization, person, individual or governmental agency which would affect (as to any threatened litigation, claim, action or proceeding, in a materially adverse fashion) the use, occupancy or value of the Property or any part thereof or which would otherwise relate to the Property. PURCHASER's Initials: SELLER's Initials: _ 01499545-1 Purchase and Sale Agreement Page 7 of 21 11.3 SELLER has full power and authority to enter into this Agreement and to assume and perform its obligations hereunder in this Agreement. SELLER does not and will not conflict with or result in the breach of any condition or provision, or constitute a default under, or result in the creation or imposition of any lien, charge, or encumbrance upon any of the Property or assets of the SELLER by reason of the terms of any contract, mortgage, lien, lease, agreement, indenture, instrument or judgment to which the SELLER is a party of which is or purports to be binding upon the SELLER or which affects the SELLER; no action by any federal, state or municipal or other governmental department, commission, board, bureau or instrumentality is necessary to make this Agreement a valid instrument binding upon the SELLER in accordance with its terms. 11.4 SELLER represents that SELLER will not, between the date of this Agreement and the Closing, without PURCHASER'S prior written consent, which consent shall not be unreasonably withheld or delayed, except in the ordinary course of business, create any encumbrances on the Property. For purposes of this provision the term "encumbrances"shall mean any liens, claims, options, or other encumbrances, encroachments, rights-of-way, leases, easements, covenants, conditions or restrictions. Additionally, SELLER represents that SELLER will not, between the date of this Agreement,and the Closing take any action to terminate or materially, amend or alter any existing leases presently in existence, without the prior consent of PURCHASER, which consent shall not be unreasonably withheld or delayed. 11.5 SELLER represents that there are no parties other than SELLER in possession of the Property or any portion of the Property as a lessee. 11.6 SELLER shall not list or offer the Property for sale or solicit or negotiate offers to purchase the Property while this Agreement is in effect. SELLER shall use its best efforts to maintain the Property in its present condition so as to ensure that it shall remain substantially in the same condition from the conclusion of the Feasibility Period to the Closing Date. 11.7 SELLER has no actual knowledge nor has SELLER received any notice of any litigation, claim, action or proceeding, actual or threatened, against SELLER or the Property by any organization, person, individual or governmental agency which would affect (as to any threatened litigation, claim, action or proceeding, in a materially adverse fashion) the use, occupancy or value of the Property or any part thereof or which would otherwise relate to the Property. 11.8 SELLER represents that it has no actual knowledge nor has it received any notice that the Property has been, is presently or is contemplated to be utilized as a reservoir of hazardous material. As used herein, the term "Hazardous Material" shall mean any substance, water or material which has been determined by any state,federal or local government authority to be capable of posing a risk of injury to health, safety and property, including, but not limited to, all of those materials, wastes and substances designated as hazardous or toxic by the U.S. PURCHASER's Initials: SELLER's Initials: _ 01499545-1 Purchase and Sale Agreement Page 8 of 21 Environmental Protection Agency, the U.S. Department of Labor, the U.S. Department of Transportation, and/or any other state or local governmental agency now or hereafter authorized to regulate materials and substances in the environment (collectively "Governmental Authority(ies)"). 11.9 SELLER represents to PURCHASER that the Property is not subject to any deed restrictions or declaration of restrictions running with the Property which would affect the use of the Property except those constituting Permitted Exceptions as defined above. 11.10 Between the date of this Agreement and the date of closing, SELLER will not file any application for a change of the present zoning classification of the Property. 11.11 Authority. The execution and delivery of this Agreement by SELLER and the consummation by SELLER of the transaction contemplated by this Agreement are within SELLER'S capacity and all requisite action has been taken to make this Agreement valid and binding on SELLER in accordance with its terms. The person executing this Agreement on behalf of SELLER has been duly authorized to act on behalf of and to bind SELLER, and this Agreement represents a valid and binding obligation of SELLER. 11.12 Title. SELLER is and will be on the Closing Date, the owner of valid, good, marketable and insurable fee simple title to the Property, free and clear of all liens, encumbrances and restrictions of any kind, except the Permitted Exceptions (and encumbrances of record which will be discharged at Closing). 11.13 Additional Warranties and Representations of SELLER. As a material inducement to PURCHASER entering into this Agreement, SELLER, to the best of SELLER'S information and belief, hereby represents and warrants the following: 11.13.1 There are no pending applications, permits, petitions, contracts, approvals,or other proceedings with any governmental or quasi-governmental authority, including but not limited to, PURCHASER, municipalities, counties, districts, utilities, and/or federal or state agencies, concerning the use or operation of, or title to the Property or any portion thereof and SELLER has not granted or is not obligated to grant any interest in the Property to any of the foregoing entities. 11.13.2 There are no facts believed by SELLER to be material to the use, condition and operation of the Property in the manner that it has been used or operated, which it has not disclosed to PURCHASER herein, including but not limited to unrecorded instruments or defects in the condition of the Property which will impair the use or operation of the Property in any manner. 11.13.3 To the best of SELLER'S knowledge, the Property and the use and PURCHASER's Initials: SELLER's Initials: _ 01499545-1 Purchase and Sale Agreement Page 9 of 21 operation thereof are in compliance with all applicable county and governmental laws, ordinances, regulations, licenses, permits and authorizations, including, without limitation, applicable zoning and environmental laws and regulations. 12. DEFAULT. 12.1. Purchaser's Default. In the event that this transaction fails to close due to a wrongful refusal to close or default on the part of PURCHASER, subject to the provisions of Paragraph 12.3 below, the Deposit actually then being held by the Escrow Agent shall be paid by Escrow Agent to SELLER as agreed liquidated damages and, thereafter, neither PURCHASER nor SELLER shall have any further obligation or liabilities under this Agreement, except for those expressly provided to survive the termination of this Agreement; provided, however, that PURCHASER shall also be responsible for the removal of any liens asserted against the Property by persons claiming by, through or under PURCHASER, but not otherwise. PURCHASER and SELLER acknowledge that if PURCHASER defaults, SELLER will suffer damages in an amount which cannot be ascertained with reasonable certainty on the Effective Date and that the amount of the Deposit being held by Escrow Agent most closely approximates the amount necessary to compensate SELLER. PURCHASER and SELLER agree that this is a bona fide liquidated damages provision and not a penalty or forfeiture provision. 12.2. Seller's Default. In the event that SELLER shall fail to fully and timely perform any of its obligations or covenants hereunder or if any of SELLER'S representations are untrue or inaccurate, then, notwithstanding anything to the contrary contained in this Agreement, PURCHASER may, at its option: (1) declare SELLER in default under this Agreement by notice delivered to SELLER, in which event PURCHASER may terminate this Agreement and demand that the Deposit be returned, including all interest thereon if any, in accordance with Section 3 and neither Party shall have any further rights hereunder, or (2) seek specific performance of this Agreement, without waiving any action for damages. 12.3. Notice of Default. Prior to declaring a default and exercising the remedies described herein, the non-defaulting Party shall issue a notice of default to the defaulting Party describing the event or condition of default in sufficient detail to enable a reasonable person to determine the action necessary to cure the default. The defaulting Party shall have fifteen (15) days from delivery of the notice during which to cure the default. Both parties agree that if an extension is requested, such extension shall not be unreasonably withheld. If the default has not been cured within the aforesaid period, the non-defaulting Party may exercise the remedies described above. 12.4. Survival. The provisions of this section shall survive the termination of this Agreement. PURCHASER's Initials: SELLER's Initials: _ 01499545-1 Purchase and Sale Agreement Page 10 of 21 13. NOTICES. All notices required in this Agreement must be in writing and shall be considered delivered when received by certified mail, return receipt requested, or personal delivery to the following addresses: If to Seller: Jean O. Francios and Jean B. Francois 133 NE 4th Avenue Boynton Beach, FL 33435 If to Purchaser: Michael Simon, Executive Director Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue, 4th Floor Boynton Beach, FL 33435 With a copy to: Kenneth Dodge Lewis, Longman & Walker, PA 515 North Flagler Drive, Suite 1500 West Palm Beach, FL 33401 With a copy to: Jonathan Jacobson 340 Columbia Drive, Suite 111 West Palm Beach, FL 33419 14. BINDING OBLIGATION/ASSIGNMENT. The terms and conditions of this Agreement are hereby made binding on, and shall inure to the benefit of the successors and permitted assigns of the Parties hereto. SELLER may not assign its interest in this Agreement without the prior written consent of PURCHASER, which shall not be unreasonably withheld. PURCHASER shall have the right to assign this Agreement to the City of Boynton Beach (the "City") without the prior consent of SELLER and the PURCHASER shall be released from any further obligations and liabilities under this Agreement. The PURCHASER may not assign this Agreement to any other party without the prior written approval of SELLER, which shall not unreasonably withheld. If PURCHASER has been dissolved as an entity while this Agreement and/or the attached Lease Agreement are in effect, the provisions of section 163.357(1), Florida Statutes, (as it may be amended from time to time), shall apply. 15. BROKER FEES. The SELLER and PURCHASER hereby state that they have not dealt with a real estate broker in connection with the transaction contemplated by this Agreement and are not liable for a sales commission. SELLER shall indemnify, defend and hold harmless the PURCHASER from and against any and all claims, losses, damages, costs or expenses (including, without limitation, attorney's fees) of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by SELLER on its behalf with any broker or finder in connection with this Agreement. The provisions of this Section shall PURCHASER's Initials: SELLER's Initials: _ 01499545-1 Purchase and Sale Agreement Page 11 of 21 survive Closing or termination of this Agreement. 16. ENVIRONMENTAL CONDITIONS. 16.1. For purposes of this Agreement, pollutant ("Pollutant") shall mean any hazardous or toxic substance, material, or waste of any kind or any contaminant, pollutant, petroleum, petroleum product or petroleum by-product as defined or regulated by environmental laws. Disposal ("Disposal") shall mean the release, storage, use, handling, discharge, or disposal of such Pollutants. Environmental laws ("Environmental Laws") shall mean any applicable federal, state, or local laws, statutes, ordinances, rules, regulations or other governmental restrictions. 16.1.1 As a material inducement to PURCHASER entering into this Agreement, SELLER hereby warrants and represents the following, as applicable: (1) That SELLER and occupants of the Property have obtained and are in full compliance with any and all permits regarding the Disposal of Pollutants on the Property or contiguous property owned by SELLER, to the best of SELLER'S knowledge. (2) SELLER is not aware nor does it have any notice of any past, present or future events, conditions, activities or practices which may give rise to any liability or form a basis for any claim,demand,cost or action relating to the Disposal of any Pollutant on the Property. SELLER is not aware nor does it have any notice of any past, present or future events, conditions, activities or practices on contiguous property that is owned by SELLER which may give rise to any liability or form a basis for any claim,demand,cost or action relating to the Disposal of any Pollutant affecting the SELLER'S property. (3) There is no civil, criminal or administrative action, suit, claim, demand, investigation or notice of violation pending or, to the best of that entity's knowledge, threatened against SELLER or the Property relating in any way to the Disposal of Pollutants on the Property, any portion thereof, or on any contiguous property owned by SELLER. 17. PUBLIC RECORDS. PURCHASER is a public agency subject to Chapter 119, Florida Statutes. The SELLER is hereby notified that the PURCHASER is required by law, pursuant to Chapter 119, to maintain and disclose upon request all records deemed public under the statute including this Agreement and some or all of the documents necessary to consummate the transaction set forth herein. To the extent that any litigation should be instituted by SELLER, either directly or as a third party, to prevent or prohibit PURCHASER from disclosing or providing documents involving this Agreement or the transaction set forth in the Agreement pursuant to a public records request submitted under Chapter 119, SELLER agrees that PURCHASER may either: 1) defend the claim up to and including final judgment,or 2) interplead the challenged documents into the court. In either event, SELLER agrees to pay PURCHASER's reasonable attorneys' fees and costs, both trial and appellate. PURCHASER's Initials: SELLER's Initials: _ 01499545-1 Purchase and Sale Agreement Page 12 of 21 18. MISCELLANEOUS. 18.1. General. This Agreement, and any amendment hereto, may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which shall, together, constitute one and the same instrument. The section and paragraph headings herein contained are for the purposes of identification only and shall not be considered in construing this Agreement. Reference to a Section shall be deemed to be a reference to the entire Section, unless otherwise specified. No modification or amendment of this Agreement shall be of any force or effect unless in writing executed by the Parties. This Agreement sets forth the entire agreement between the Parties relating to the Property and all subject matter herein and supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between the Parties. This Agreement shall be interpreted in accordance with the laws of the State of Florida. The Parties hereby agree that jurisdiction of any litigation brought arising out of this Agreement shall be in the Fifteenth Judicial Circuit, in and for Palm Beach County, Florida,or,should any cause of action be limited to federal jurisdiction only, in the United States District Court for the Southern District of Florida. 18.2. Computation of Time. Any reference herein to time periods which are not measured in business days and which are less than six (6) days, shall exclude Saturdays, Sundays and legal holidays in the computation thereof. Any time period provided for in this Agreement which ends on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. on the next full business day. Time is of the essence in the performance of all obligations under this Agreement. Time periods commencing with the Effective Date shall not include the Effective Date in the calculation thereof. 18.3. Waiver. Neither the failure of a party to insist upon a strict performance of any of the terms, provisions, covenants, agreements and conditions hereof, nor the acceptance of any item by a party with knowledge of a breach of this Agreement by the other party in the performance of their respective obligations hereunder, shall be deemed a waiver of any rights or remedies that a party may have or a waiver of any subsequent breach or default in any of such terms, provisions, covenants, agreements or conditions. This paragraph shall survive termination of this Agreement and the Closing. 18.4. Construction of Agreement. The Parties to this Agreement, through counsel, have participated freely in the negotiation and preparation hereof. Neither this Agreement nor any amendment hereto shall be more strictly construed against any of the Parties. As used in this Agreement, or any amendment hereto, the masculine shall include the feminine, the singular shall include the plural, and the plural shall include the singular, as the context may require. Provisions of this Agreement that expressly provide that they survive the Closing shall not merge into the Deed. PURCHASER's Initials: SELLER's Initials: _ 01499545-1 Purchase and Sale Agreement Page 13 of 21 18.5. Severability. If any provision of this Agreement or the application thereof shall,for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law.The provisions of this Section shall apply to any amendment of this Agreement. 18.6 Handwritten Provisions. Handwritten provisions inserted in this Agreement and initialed by PURCHASER and SELLER shall control all printed provisions in conflict therewith. 18.7 Waiver of Jury Trial. As an inducement to PURCHASER agreeing to enter into this Agreement, PURCHASER and SELLER hereby waive trial by jury in any action or proceeding brought by either party against the other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. 18.8. Attorneys Fees and Costs. Should it be necessary to bring an action to enforce any of the provisions of this Agreement, reasonable attorneys' fees and costs, including those at the appellate level, shall be awarded to the prevailing party. 18.9 Binding Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the PURCHASER and SELLER has full right and lawful authority to execute this Agreement and to bind and obligate the party for whom or on whose behalf he or she is signing with respect to all provisions contained in this Agreement. 18.10 Recording. This Agreement may not be recorded in the Public Records of Palm Beach County, Florida without the prior approval of both parties. 18.11 Survival. The covenants, warranties, representations, indemnities and undertakings of SELLER set forth in this Agreement, shall survive the Closing, the delivery and recording of the SELLER'S Property Deed and PURCHASER's possession of the Property. 18.12 SELLER and PURCHASER Attorneys' Fees and Costs. SELLER and PURCHASER acknowledge and agree that SELLER and PURCHASER shall be responsible for its own attorneys' fees and all costs, if any, incurred by SELLER or PURCHASER in connection with the transaction contemplated by this Agreement. SIGNATURES ON FOLLOWING PAGE PURCHASER's Initials: SELLER's Initials: _ 01499545-1 Purchase and Sale Agreement Page 14 of 21 IN WITNESS WHEREOF,the Parties have executed this Agreement as of the Effective date. PURCHASER: SELLER: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Printed Name: Steven B. Grant Printed Name: Jean O. Francios Date: Title: Chair WITNESS: Date: Printed Name: WITNESS: Date: Printed Name: Printed Name: Rosena Joseph Date: WITNESS: Printed Name: ESCROW AGENT Lewis, Longman & Walker, P.A. Printed Name: Date: PURCHASER's Initials: SELLER's Initials: _ 01499545-1 Purchase and Sale Agreement Page 15 of 21 EXHIBIT "A" LEASE AGREEMENT (See Next Page) PURCHASER's Initials: SELLER's Initials: _ 01499545-1 Purchase and Sale Agreement Page 16 of 21 LEASE AGREEMENT THIS LEASE AGREEMENT (this "Lease") is made and entered into this day of , by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (collectively, "Landlord") and Jean O. Francios and Rosena Joseph (collectively, "Tenant"). If there is more than one Tenant, the liability of each Tenant under this Lease shall be joint and severable. In consideration of the terms, covenants and obligations contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Landlord agrees to lease and rent to Tenant, and Tenant agrees to lease and rent form Landlord, that certain real property located at 133 NE 4th Avenue, Boynton Beach 33435(the "Premises"), and accordingly agree as follows: 1. PREMISES. The Premises shall be defined to include all appliances, equipment, fixtures, window treatments, and lighting fixtures, located on or in, and/or affixed to, the Premises, and all grass, plants and trees located there. 2. TERM. Landlord leases to Tenant and Tenant leases from Landlord the above described Premises, beginning upon date of Closing between the parties and continuing for a period of one hundred twenty (120) days through (the "Original Term"). Landlord and Tenant acknowledge that Tenant has the right exercise an extension of the term of this Lease for a period of sixty(60) days(the "Extension Term"), by providing written notice to the Landlord within ten (10) days prior to the end of the original term. If written notice of the right to exercise the sixty (60) day extension is not provided to the landlord within said time, the Lease is subject to cancellation by Landlord, as provided below. 3. RENT. Landlord agrees that there will be no charge for rent to Tenant during the original term and the Extension Term, if exercised by the Tenant. 4. SECURITY DEPOSIT / ESCROW. Tenant shall pay to Tenant's attorney's trust account at the time this Lease is entered by the parties, a Security Deposit in the amount of Twenty-Five Thousand Dollars ($25,000.00). The Security Deposit is to be held by Tenant's attorney in escrow, for the purpose of remedying any default by Tenant hereunder. Landlord shall provide written notice of default to Tenant's attorney requesting application and or payment from the Security Depositbe permitted to apply all or any portion of the Security Deposit to any defaults or damages occurring during the term of the Lease, or upon the expiration or termination of this Lease. This Security Deposit shall be returned to Tenant at such time as Seller vacates the Premises, returns all keys to Landlord and all utilities are closed under the name of Tenant. If Tenant fails to vacate the Premises upon expiration of the term described in Paragraph 2 above, Landlord shall be entitled to, and Tenant shall pay to Landlord, liquidated PURCHASER's Initials: SELLER's Initials: _ 01499545-1 Purchase and Sale Agreement Page 17 of 21 and agreed upon damages in the amount of One Hundred Dollars($100.00) per day for each and every day (including any portion thereof) that Tenant remains in possession of the Premises beyond the term of this agreement. Any such amount shall be taken from Tenant's attorney's trust account. This provision for liquidated and agreed upon damages is a bona fide provision and is not a penalty, the parties agreeing that by reason of Tenant's failure to vacate the Premises, Landlord's plans for moving and other business arrangements will be adversely affected, and Landlord will have sustained damages thereby, but will not be capable of determination with precision and, therefore, this provision for liquidated and agreed upon damages has been incorporated into this Agreement as a provision beneficial to both parties. 5. UTILITIES. Tenant shall have the sole responsibility of obtaining and maintaining all utility services for the property, and shall pay all of the same as of the date they become due. No interruption of services or utilities due to actions or inactions of Tenant shall relieve Tenant of any obligation under this Lease. 6. MAINTENANCE. Tenant shall be keep the Premises in clean condition and shall maintain in good operating condition the following items: all large household appliances, the structure, mechanical, plumbing and electrical components of the Premises, and will provide pest control service. Tenant shall also generally maintain lawn and landscaping in neat appearance. 7. USE OF PREMISES. The Premises shall be used and occupied by Tenant, exclusively, as a private residence for Tenant. Tenant shall comply with any and all laws, ordinances, rules and orders of any and all governmental or quasi-governmental authorities affecting the cleanliness, use, occupancy and preservation of the Premises, and all rules and regulations of the homeowner's or condominium association (if applicable). 8. ASSIGNMENT AND SUB-LETTING. Tenant may not assign this Lease, or sub-let or grant any license to use the Premises or any part thereof without the prior written consent of Landlord, which consent Landlord may deny in its sole and absolute discretion. 9. ALTERATIONS AND IMPROVEMENTS. Tenant shall make no alterations to the buildings or improvements on the Premises or construct any building or make any other improvements on the Premises without the prior written consent of Landlord, which consent Landlord may deny in Landlord's sole and absolute discretion. If Tenant adds or changes the locks on the premises, Landlord shall be given copies of the keys. Landlord shall at all times have keys for access to the premises in case of emergencies. Any and all alterations, changes, and/or improvements built, constructed or placed on the Premises by Tenant shall, unless otherwise provided by written agreement between Landlord and Tenant, be and become the property of Landlord and remain on the Premises at the expiration or earlier termination of this Lease; PURCHASER's Initials: SELLER's Initials: _ 01499545-1 Purchase and Sale Agreement Page 18 of 21 provided however, that Landlord shall have the right to require Tenant to remove any such fixtures at Tenant's cost on termination of this Lease. 10. HAZARDOUS MATERIALS. Tenant shall not keep on the Premises any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company. 11. TAXES AND FEES. Landlord will timely pay all ad valorem real property taxes due on the Premises. 12. INSURANCE. Tenant shall obtain general liability coverage for the Premises in the minimum amount of $300,000.00, and will provide Landlord with evidence of the same. If Tenant fails to obtain such insurance coverage, Landlord may, at Landlord's sole option and without obligation to do so, obtain such insurance on Tenant' behalf, in which event Tenant shall immediately pay Landlord the amount of such insurance premium and costs. 13. DESTRUCTION OF PREMISES. In the event the Premises are destroyed or rendered wholly un-tenantable by fire, storm, earthquake, or other casualty not caused by the negligence of Tenant, this Lease shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction of the Premises, with Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date, and the Security Deposit which has not been used to date, shall be refunded to Tenant. Should a portion of the Premises thereby be rendered un- tenantable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such un- tenantable portion, the rental shall abate in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Lease continue according to its terms. For purposes of this paragraph, "un-tenantable" means that the all or a portion of the Premises cannot reasonably be used for the purpose for which it is intended to be used. 14. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times and upon 48 hour notice during the term of this Lease and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. 15. SURRENDER OF PREMISES. Upon the expiration of the term hereof, Tenant shall surrender the Premises in as good a state and condition as they were at the commencement of this Lease, ordinary wear and tear or acts of God excepted. PURCHASER's Initials: SELLER's Initials: _ 01499545-1 Purchase and Sale Agreement Page 19 of 21 16. QUIET ENJOYMENT. Tenant, upon Tenant's performance of all Tenant's obligations contained herein and Tenant' observance of all rules and regulations, shall and may peacefully and quietly have, hold and enjoy said Premises for the term hereof. 17. INDEMNIFICATION. Tenant hereby agrees to indemnify, defend and hold Landlord harmless from any and all claims or assertions of every kind and nature relating to any action or inactions of Tenant and/or Tenant's family, guests or other invitees. Landlord shall not be liable to Tenant, and/or Tenant's family, guests or other invitees, except only as any such claim or injury as may directly result from Landlord's unreasonable failure to repair(after proper notice from Tenant) an item of the Premises which Landlord is responsible for maintaining. 18. DEFAULT. Tenant shall be in default under this Lease if any of the following occur: (a) Tenant fails to pay all sums due under this Lease as to Utilities and Maintenance; (b) Tenant fails to vacate the Premises upon expiration of the term; or (c) Tenant fails to comply with any of the other material provisions of this Lease, or fails to comply with any duties imposed on Tenant by statute. , within fourteen (14) days after delivery of written notice by Landlord specifying the non-compliance, provided that if Tenant has, in good faith, undertaken to cure such non-monetary default during the foregoing 14-day period, the cure period shall be extended an additional 14 days. 19. REMEDIES. Upon default by Tenant, Landlord may exercise any and all of the following rights and remedies, which rights and remedies shall be cumulative and non-exclusive, and which may be exercised in any manner or order which Landlord deems appropriate: (b) to evict Tenant from the Premises in accordance with process of law. 20. ATTORNEYS' FEES. In the event either party institutes litigation to enforce this Lease, then the non-prevailing party in such litigation shall pay the prevailing party all of the prevailing party's costs incurred in such litigation, including without limitation, its reasonable attorneys'fees and costs, whether incurred prior to the commencement of the lawsuit, pre-trial, at trial, post-trial, on appeal, or in bankruptcy. 21. RECORDING OF LEASE. Tenant shall not record this Lease on the Public Records of any public office. 22. GENERAL TERMS. This Lease contains the entire Lease between Landlord and Tenant regarding the Lease and occupancy of the Premises, and all other discussions, negotiations, Leases and understandings regarding the same are included in this Lease. This Lease may only be modified in writing and signed by both parties. This Lease shall be governed by the laws of the State of Florida, and the venue for any litigation involving this Lease shall be in Palm Beach County, Florida. In the event any term or provision in this Lease is adjudged to be PURCHASER's Initials: SELLER's Initials: _ 01499545-1 Purchase and Sale Agreement Page 20 of 21 void or unenforceable, the same shall not affect in any manner the validity and enforceability all of the remaining terms and provisions of this Lease, and the void or unenforceable term of provision shall be modified to conform to the minimum requirements of law. This Lease may be signed in counterparts, and the sum of the counterparts shall constitute the entire Lease. This Lease and any modifications may be executed by the parties by facsimile signature, which shall be deemed to be the same as an original signature. The headings in this Lease are for organizational purposes only and do not constitute terms of this Lease. The covenants, obligations and conditions herein contained shall be binding on and inure to the benefit of the heirs, legal representatives, and assigns of the parties hereto. In the event there is more than one Tenant, the liability of each such person shall be joint and several. TIME IS OF THE ESSENCE IN REGARD TO ALL OF THE TERMS AND PROVISIONS OF THIS LEASE. 23. DISCLOSURES. Landlord provides the following disclosures in accordance with federal and state statutes: a. Lead-Based Paint Disclosure. Housing built before 1978 may contain lead based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, Landlords must disclose the presence of lead-based paint and/or lead- based paint hazards in the dwelling. Tenant must also receive a federally approved pamphlet on lead poisoning prevention. b. Radon Gas Disclosure. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida.Additional information regarding radon and radon testing may be obtained from your county public health unit. C. PERSONAL PROPERTY. BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON SURRENDER OR ABANDONMENT, AS DEFINED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S PERSONAL PROPERTY. PURCHASER's Initials: SELLER's Initials: _ 01499545-1 Purchase and Sale Agreement Page 21 of 21 Executed, and delivered by the parties as of the date provided above. Witnesses: Executed by Landlord: Print Name: Print Name: Steven B. Grant Date: Date: Witnesses: Executed by Tenant: Print Name: Print Name: Date: Date: Print Name: Print Name: Date: Date: PURCHASER's Initials: SELLER's Initials: _ 01499545-1 APPRAISAL REPORT ONE FAMILY RESIDENCE 133 NORTHEAST 4 AVENUE BOYNTON BEACH,FLORIDA 33435 by Vance Real Estate Service 7481 Northwest Fourth Street Plantation,Florida 33317-2204 for Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue Boynton Beach, FL 33435 June 1, 2021 Vance Real Estate Service sf, June 1 2021 = t E t`,'ic'{{ti{cif{�i`°t {ittt`'{tistV� Boynton Beach Community Redevelopment Agency Js�f� 100 E. Ocean Avenue ' Boynton Beach, FL 33435 - i i RE: One family residence, 133 Northeast 4 Avenue, Boynton Beach, FL 33435 (Legal description is in the report) Ladies and Gentlemen: In fulfillment of our agreement, we transmit our Appraisal Report, in which we develop an opinion of market value for the fee simple estate in the referenced real property as of June 1, 2021. The report sets forth our value conclusion, along with data and reasoning supporting our opinion. This report was prepared for and our professional fee billed to Boynton Beach Community Redevelopment Agency. Our analyses have been prepared in conformance with the Uniform Standards of Professional Appraisal Practice (USPAP 2020-2022). This report is for exclusive use of the client for possible acquisition of the appraised property. ! Jesse B. Vance, Jr. and Claudia Vance visited the property. If you have questions or further needs, please contact the undersigned. As a result of our analyses, we have developed the following opinion of the market value of the appraised property, subject to definitions, certifications, and limiting conditions set forth in the attached report. TWO HUNDRED SEVENTY THOUSAND DOLLARS $270,000 I (THIS LETTER MUST REMAINATTACHED TO THE REPORT WTH SEVENTY-FOUR(74)NUMBERED PAGES FOR THE VALUE OPINION SET FORTH TO BE CONSIDERED VALID.) Respectfully submitted, Jesse B. Vance, Jr., MAI, SRA, ASA State-Certified General Real Estate Appraiser RZ-85 Claudia Vance, MAI State-Certified General Real Estate Appraiser RZ-173 MBA in REAL ESTATE DEVELOPMENT&MANAGEMENT 7481 Northwest 41h Street,Plantation,FL 33317-2204 954/583-2116 -- TABLE OF CONTENTS Pate Number Title Page i Letter of Transmittal ii Table of Contents iii INTRODUCTION 4 P otograp s o Subject t e Property 5 1-3-5 Mile Location Map 9 1-3-5 Mile Demographic Statistics 10 Summary of Important Facts and Conclusions 12 DESCRIPTIONS ANALYSES & CONCLUSIONS 14 I entity of Client and Intended User 15 Intended Use 15 Identification of Real Estate Appraised 15 Ownership 15 Property Address 15 Legal Description 15 Real Estate Tax Analysis 16 Flood zone 16 Market Area Description 17 Zoning 22 Site Description 23 Improvement Description 24 Real Property Interest Appraised 25 Appraisal Purpose and Definition of Market Value 26 Effective Dates of the Appraisal and Report 27 Scope of the Work 27 Summary of Information Considered 27 Property History 28 Highest and Best Use 29 SALES COMPARISON APPROACH 32 Improved Sales es map 33 Improved Sales documentation 34 Improved Sales Comparison & Adjustment Chart 40 Valuation by the Sales Comparison Approach 41 FINAL VALUE OPINION 44 Certification and Limiting Conditions 45 ADDENDA 47 Subject Acquiring Deed 48 Flood zone determination 50 Building sketch 51 Sketch of survey 52 Zoning map & Land Use map 53 Residential zoning information 54 USPAP Standards Rule 2-2a 62 Qualifications of the Appraisers 66 INTRODUCTION . z p Subject E. Elevation on NE 4 Avenue Subject S. Elevation on NE 4 Avenue }tr rp L p, 6-1 , Subject W. Elevation on NE 4 Avenue NE 4 Avenue Looking East ;q Ar AL nom. t NE 4 Avenue Looking West PHOTOS OF THE VALUED PROPERTY& ENVIRONS 133 NE 4"AVENUE BOYNTON BEACH, FLORIDA 5 r t �x AERIAL VIEW OF THE APPRAISED PROPERTY, LOOKING NORTH t� , F , t� t { y , i r 1 ,x i AERIAL VIEW OF T E APPRAISED PROPERTY, LOOKING WEST i i l 'E r;. 4 k r AERIAL VIEW OF THE APPRAISED PR PERTY, LOOKING EAST Jtt, R 4� ,tl k' 7 r F t I' f� h AERIAL VIEW OF THE PPRAISED PROPERTY, LOOKING SOUTH s SSS:PU ' I t3 15Lj.. Ni �Ta, rni„vnU� »nla,sem,.,-1 sa its „r ;Yr x,._41 "la ;>, S �p E LL O r (U (U (U cn (U M � t 1 , .ice O cn (ll i FU CL 0 LU fit( i � s (U `s) ^ts k � t 0 14 5 K _ (17 ' s � 66 1t � r ��i , Pohn Spro�,ps �� VI= Oko� r' LSM 4 x�t�°b f�,gr1,4a ee�1tar�� i 701 I 111 r r � �r m stt'5{,�r�„i w,NzF�� �p +9,. ,Sw Vallo'1 r y4,5 �1 Defray Simth 1-3-5 MILE RADII FROM THE VALUED REAL PROPERTY 133 NE 4th AVENUE BOYNTON BEACH, FLORIDA 33435 10 • Gesn" 133 NE 4th St, Boynton Beach, Florida, 33435 VANCE REAL ESTATE SERVICE Rings: 1, 3, 5 mile radii 1 mile 3 miles 5 miles Population 2000 Population 11,545 65,057 155,404 2010 Population 11,861 72,915 171,887 2020 Population 14,078 82,007 190,127 2025 Population 15,699 87,994 201,939 2000-2010 Annual Rate 0.27% 1.15% 1.01% 2010-2020 Annual Rate 1.69% 1.15% 0.99% 2020-2025 Annual Rate 2.20% 1.42% 1.21% 2020 Male Population 49.3% 47.9% 47.7% 2020 Female Population 50.7% 52.1% 52.3% 2020 Median Age 43.1 44.6 47.4 In the identified area, the current year population is 190,127. In 2010, the Census count in the area was 171,887. The rate of change since 2010 was 0.99% annually.The five-year projection for the population in the area is 201,939 representing a change of 1.21% annually from 2020 to 2025. Currently, the population is 47.7% male and 52.3%female. Median Age The median age in this area is 43.1, compared to U.S. median age of 38.5. Race and!Ethnicity 2020 White Alone 49.2% 59.0% 63.8% 2020 Black Alone 43.4% 32.3% 27.1% 2020 American Indian/Alaska Native Alone 0.3% 0.3% 0.3% 2020 Asian Alone 1.1% 1.9% 2.2% 2020 Pacific Islander Alone 0.0% 0.0% 0.0% 2020 Other Race 3.3% 3.7% 3.9% 2020 Two or More Races 2.6% 2.8% 2.6% 2020 Hispanic Origin (Any Race) 15.0% 17.9% 18.3% Persons of Hispanic origin represent 18.3% of the population in the identified area compared to 18.8% of the U.S. population. Persons of Hispanic Origin may be of any race.The Diversity Index, which measures the probability that two people from the same area will be from different race/ethnic groups, is 66.3 in the identified area, compared to 65.1 for the U.S. as a whole. Households 2020 Wealth Index 85 90 106 2000 Households 4,589 28,339 68,019 2010 Households 4,758 31,351 74,270 2020 Total Households 5,737 35,279 81,715 2025 Total Households 6,419 37,849 86,644 2000-2010 Annual Rate 0.36% 1.02% 0.88% 2010-2020 Annual Rate 1.84% 1.16% 0.94% 2020-2025 Annual Rate 2.27% 1.42% 1.18% 2020 Average Household Size 2.45 2.29 2.30 The household count in this area has changed from 74,270 in 2010 to 81,715 in the current year, a change of 0.94% annually. The five-year projection of households is 86,644, a change of 1.18% annually from the current year total. Average household size is currently 2.30, compared to 2.29 in the year 2010.The number of families in the current year is 46,593 in the specified area. Data Note:Income is expressed in current dollars. Housing Affordability Index and Percent of Income for Mortgage calculations are only available for areas with 50 or more owner-occupied housing units. Source:U.S. Census Bureau,Census 2010 Summary File 1. Esri forecasts for 2020 and 2025. Esri converted Census 2000 data into 2010 geography. May 31, 2021 11 • Gesn" 133 NE 4th St, Boynton Beach, Florida, 33435 VANCE REAL ESTATE SERVICE Rings: 1, 3, 5 mile radii 1 mile 3 miles 5 miles Mortgage';Income 2020 Percent of Income for Mortgage 20.8% 17.7% 18.8% Median Household Income 2020 Median Household Income $49,666 $54,398 $56,866 2025 Median Household Income $54,532 $58,413 $61,783 2020-2025 Annual Rate 1.89% 1.43% 1.67% Average Household Income 2020 Average Household Income $76,452 $78,216 $83,034 2025 Average Household Income $85,125 $86,247 $92,051 2020-2025 Annual Rate 2.17% 1.97% 2.08% Per Capita Income 2020 Per Capita Income $31,850 $33,849 $35,815 2025 Per Capita Income $35,517 $37,299 $39,619 2020-2025 Annual Rate 2.20% 1.96% 2.04% Households by Income Current median household income is$56,866 in the area, compared to $62,203 for all U.S. households. Median household income is projected to be $61,783 in five years, compared to $67,325 for all U.S. households Current average household income is$83,034 in this area, compared to $90,054 for all U.S. households. Average household income is projected to be $92,051 in five years, compared to $99,510 for all U.S. households Current per capita income is $35,815 in the area, compared to the U.S. per capita income of$34,136. The per capita income is projected to be $39,619 in five years, compared to $37,691 for all U.S. households Housing 2020 Housing Affordability Index 111 128 120 2000 Total Housing Units 5,684 34,154 81,138 2000 Owner Occupied Housing Units 3,042 20,406 51,456 2000 Renter Occupied Housing Units 1,547 7,933 16,562 2000 Vacant Housing Units 1,095 5,815 13,120 2010 Total Housing Units 6,541 40,167 92,476 2010 Owner Occupied Housing Units 2,863 20,049 52,043 2010 Renter Occupied Housing Units 1,895 11,302 22,227 2010 Vacant Housing Units 1,783 8,816 18,206 2020 Total Housing Units 7,693 43,811 99,324 2020 Owner Occupied Housing Units 3,316 21,504 55,199 2020 Renter Occupied Housing Units 2,422 13,775 26,515 2020 Vacant Housing Units 1,956 8,532 17,609 2025 Total Housing Units 8,504 46,671 104,657 2025 Owner Occupied Housing Units 3,544 22,459 57,329 2025 Renter Occupied Housing Units 2,875 15,390 29,315 2025 Vacant Housing Units 2,085 8,822 18,013 Currently, 55.6% of the 99,324 housing units in the area are owner occupied; 26.7%, renter occupied; and 17.7% are vacant. Currently, in the U.S., 56.4% of the housing units in the area are owner occupied; 32.3% are renter occupied; and 11.3% are vacant. In 2010, there were 92,476 housing units in the area - 56.3% owner occupied, 24.0% renter occupied, and 19.7% vacant. The annual rate of change in housing units since 2010 is 3.23%. Median home value in the area is$255,514, compared to a median home value of$235,127 for the U.S. In five years, median value is projected to change by 2.36% annually to$287,155. Data Note:Income is expressed in current dollars. Housing Affordability Index and Percent of Income for Mortgage calculations are only available for areas with 50 or more owner-occupied housing units. Source:U.S. Census Bureau,Census 2010 Summary File 1. Esri forecasts for 2020 and 2025. Esri converted Census 2000 data into 2010 geography. May 31, 2021 12 SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS PROPERTY APPRAISED: One family residence 133 Northeast 4 Avenue Boynton Beach, FL 33435 OWNERSHIP: Jean O. Francois and Joseph Rosena 133 Northeast 4 Avenue Boynton Beach, FL 33435 LAND AREA: 7,500 square feet IMPROVEMENTS: One family residence containing 1,410 square feet of enclosed building area, constructed in 2003. There are three bedrooms and two bathrooms, and no enclosed car storage structure. CURRENT ZONING: "R-2", Single and Two-family Residential District in the city of Boynton Beach LAND USE: McDR, Medium Density Residential APPRAISAL PURPOSE: To develop an opinion of market value INTEREST APPRAISED: Fee simple CURRENT USE: One family residence HIGHEST AND BEST USE: As vacant: One family residence Alternately, assemble with adjacent properties for a larger residential project in the Cottage District of Boynton Beach As improved: Single family residence VALUE BY THE SALES COMPARISON APPROACH: TWO HUNDRED SEVENTY THOUSAND DOLLARS 270 000 VALUATION DATE: June 1, 2020 (Continued) 13 SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS (Continued) Exposure Time: 3-6 months prior to selling at the appraised value. Marketing Time: 3 months immediately following the effective date of appraisal during which time the subject property should sell at the appraised value. EXTRAORDINARY ASSUMPTION: By instructions from the client, the appraisers did not view the interior of the appraised property. The opinion of value is developed under the extraordinary assumption that the condition of the interior of the building is in average condition. 14 DESCRIPTIONS, ANALYSES, CONCLUSIONS APPRAISAL REPORT This is an APPRAISAL REPORT that complies with Standard Rule 2-2(a) of the Uniform Standards of Professional Appraisal Practice (USPAP 2020 - 2022) 2-2(a)(i) State the identity of the client; The client and intended user of this report is the Boynton Beach Community Redevelopment Agency. 2-2(a)(ii) State the identity of any other intended users by name or type; None 2-2(a)(iii) State the intended use of the appraisal; The intended use of the appraisal is for possible acquisition of the appraised property. 2-2(a)(iv) Contain information, documentation, and/or exhibits sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic property characteristics relevant to the assignment; Owner: Jean O. Francois and Joseph Rosena 133 Northeast 4 Avenue Boynton Beach, FL 33435 Property Address: 133 Northeast 4 Avenue Boynton Beach, FL 33435 Legal Description: East 50 feet of the South 150 feet, Lot 3, Block 3, SHEPARD ADDITION to BOYNTON BEACH, Plat Book 2, page 59, Palm Beach County, FL 16 APPRAISAL REPORT (continued) Census Tract No. 61 Real Estate Tax: Parcel Control Number: 08 43 45 2129 003 0031 Land Value: $ 30,000 Improvement Value: 145,914 Total Value: $175,914 Assessed Value: $159,202 Ad Valorem Tax: $ 2,548 Non Ad Valorem Tax: $ 293 Total Tax: $ 2,841 Partial homestead exemption for this property. Real estate tax for 2020 was paid, with no outstanding tax for previous years. The last sale of the subject property was in 2014; therefore, the Palm Beach County Property Appraiser has not re- valued the property for tax purposes. A property with a homestead exemption has a cap on value increases of 3% per year; hence, the county market value is less than the current appraised value based on current sales in the area. Properties are assessed in arrears by the county property appraiser. The tax bill is issued in November and a 4% discount is given to a tax payer if the amount is paid in November. The discount diminishes until March, when the tax is due and payable. Flood Zone: Zone "X", according to Map Number 12099C0791F. Zone "X" is not in a Special Flood Hazard Area. FEMA flood zone map for the valued property is in the Addenda. 17 APPRAISAL REPORT Market Area Description: Boundaries and Market Composition & Transportation Infrastructure The general market area is the City of Boynton Beach in eastern-central Palm Beach County. Population of the city is about 79,000 residents; land area of the municipality is about 16 square miles situated between Delray Beach on the south and Lake Worth on the north. The town was named for an early developer, Nathan Boynton, a former major in the Union Army in the Civil War. The city was founded in 1898 and incorporated in 1920. Most of the original buildings were destroyed in the hurricane of 1926, though a few remain. Those few which were constructed in the early 1920s that are still in use have had repairs and replacements over the decades changing their historical significance. Time and economic trends take a toll on properties; thus, in 1984 a redevelopment plan was adopted for the Community Redevelopment Area (CRA) in the city. It covers 1,650 acres in the central part of the municipality west of the Intracoastal Waterway. Agriculture and farming had been important activities in past centuries in Boynton Beach. Commerce came to the area when Henry Flagler extended the Florida East Coast Railway from West Palm Beach to Miami in 1896. The railroad was the main mode of transportation to bring visitors and manufactured products to the town as well as transporting produce grown in the vicinity out of the area to other cities in the southeastern United States. Freight trains still run through the subject market area on the FEC tracts. Higher speed, passenger Brightline train runs along the FEC tract, but does not stop in Boynton Beach. There are three depots with one in downtown Miami, one in downtown Fort Lauderdale and the third in downtown West Palm Beach. Boca Raton, Palm Beach County, and Aventura and the Port of Miami, Miami-Dade County will be the next depots. In the future, there may be commuter rail service along the FEC tracks with a station in downtown Boynton Beach; however, no plans have been announced. The immediate subject market area is one of the districts in the CRA known as the Heart of Boynton (HOB), containing 3 80 acres. 18 APPRAISAL REPORT This area is the historic, older part of the CRA, with the following boundaries: Boynton Beach Canal (C-16) on the north, Florida East Coast (FEC) Railroad on the east, Interstate 95 on the west, and jagged line a few blocks north of Boynton Beach Boulevard as the south boundary, at about NE 3 Avenue. Within the HOB, is the "Cottage District", named for the architectural style of a few remaining older homes, and is the location of the appraised property. The CRA has concentrated funds and effort into revitalizing the area with new housing options and upgraded streetscapes. The CRA has purchased numerous smaller properties to assemble larger sites for redevelopment of mixed use projects. Just to the east of the FEC Railroad is Federal Highway, the main north- south artery through the city. It is also known as US Highway 1 and is the main north-south artery through eastern Palm Beach County and extends along the eastern seaboard of the United States. The heavy traffic on Federal Highway is a catalyst to the redevelopment of the market area, with over 2,300 residential dwelling units in five projects either built or planned. Highway beautification projects enhanced the aesthetics of the market area. On the other hand, individual properties on the east and west sides of the highway have shallow depths, inhibiting redevelopment of these sites with larger commercial projects. Assemblages of adjacent properties and rezoning to mixed use will continue to facilitate revitalization of the subject market area. Primary east-west route is Boynton Beach Boulevard, with Ocean Avenue to the south as a secondary thoroughfare. Boynton Beach Boulevard is the principal east-west artery in the city, having interchanges with Interstate 95 and Florida's Turnpike. Boynton Beach Boulevard commences just to the east of US Highway 1 and travels west through Palm Beach County to its terminus at State Road 7/ US Highway 441. Ocean Avenue, in the Cultural District of the CRA, is an upgraded streetscape of wide sidewalks covered with pavers, lighting, kinetic sculptures, and bollards. Ocean Avenue continues east of the Cultural District with a drawbridge over the Intracoastal Waterway, reaching Ocean Boulevard and the Atlantic Ocean. Ocean Avenue extends west through Boynton Beach, with an interruption at Interstate 95. 19 APPRAISAL REPORT Seacrest Boulevard is a main north-south artery through the City of Boynton Beach and south into Delray Beach. Martin Luther King, Jr. Boulevard is an east-west thoroughfare through the Heart of Boynton. The subject market area is easily accessible by main roads and Interstate 95. Population Trends The demographic survey in the beginning of the report of 1, 3, and 5 mile radial circles from the appraised property shows the median household income for 2020 in the one-mile radius is $49,666, for three miles it is $54,398, and $56,866 for the five mile circle. The median household income for Palm Beach County is $63,300. In the one-mile circle, population is 14,078. In three miles, population increases to 82,007; at five miles, it is 190,127. However, about one-third of the three and five mile circles are over the Atlantic Ocean. Annual growth rate is anticipated to be 1.21% to 2.20% in the three circles during the next five years as the economy and job market improves in South Florida, and new multi-family residential complexes are completed. 56% of the housing units are owner occupied, with 27% rented. The percentage of renters is higher in this market because many of the single family houses are owned by investors who purchased them to lease after the economic crash in 2008. Vacancy is reported to be 17%; however, this rate seems higher than actual due to some residents being seasonal and being missed in the count. Median home value in the five-mile area is $255,514 including the highly priced homes fronting the Atlantic Ocean and Intracoastal Waterway, compared to median home value of$235,127 in the United States. Economic Trends In South Florida, as in the rest of the United States, real estate prices climbed from 2003-2006. In 2007-2008, concerns were expressed about an unsustainable upward price trend in the market. Then, the economic collapse came in fall of 2008 along with the crash in real estate prices. In 2009, there were very few sales of any type of real estate. By 2010, it appeared that the worst was over. Cash buyers started making purchases. From 2013 to present, sales activity and prices recuperated. The upswing in prices is due in part to scarcity of developable land, especially in the eastern part of the county. Properties are back to pre-crash prices. 20 APPRAISAL REPORT The life cycle stage of the market area is revitalization, a period of renewal, modernization, and increasing demand. Revitalization in the CRA is taking place along US Highway 1, in the part of the corridor near Ocean Avenue and Boynton Beach Boulevard with projects such as 500 Ocean, consisting of 341 residential units, 20,000 square feet of retail space and 6,000 square feet of office. Ocean One at 114 N Federal Highway is planned for 358 apartments, 12,075 square feet of retail, 120 hotel rooms, and 439 parking spaces. The Villages at East Ocean Avenue were approved for 371 dwelling units, 15,757 square feet of commercial space, plaza, 644-space parking garage, et cetera. At 623 S Federal Highway, The Club of Boynton Beach is a six-story, 87 unit assisted living facility and memory care facility. Earlier in the 2000s, the property was to be developed with a condominium; however, the recession halted those plans. At 2923 S Federal Highway, Daniel Heart Center is replacing an old strip store center by renovating the buildings. In addition to completed and approved projects, a large redevelopment site is under contract to be purchase located on the east side of Federal Highway at SE 1 Avenue, Boynton Beach. The 2.85 acres of land is an assemblage of 10 properties with numerous owners. Issues would have to be addressed such as demolition of existing buildings, unity of title, right-of-way abandonment, density of dwelling units, et cetera. The confidential contract price could change due to contingencies based on these and other issues. However, this assemblage is an example of the revitalization of the subject market area. Town Square, a major redevelopment project to the west of Federal Highway is under construction in three sections extending from the south side of Boynton Beach Boulevard south to SE 2 Avenue, encompassing 16.5 acres of land. The north section covers the area of the old city hall and police station which were demolished and removed. The project consists of the following: • North parcel —225 residential units, 120 hotel rooms, 65,000 square feet of office/retail space and 927 space parking garage • Middle parcel—200 residential units, 18,887 square feet of retail space • South parcel — 280 residential units, 820 space parking garage, 4,000 public space 21 APPRAISAL REPORT Included in the project are spaces for a new city hall, police station, fire station and park. Renovation of the historic high school is part of the project. The new municipal building at 100 East Ocean Avenue is completed and occupied. In the block to the west of the Town Square, on the west side of Seacrest Boulevard, one property was purchased by the Boynton Beach Community Redevelopment Agency (BB CRA). 209 N Seacrest Boulevard is a two-story commercial building leased to the city and used for the Boynton Beach Utility Customer Service facility and the Police substation. Purchase price was $1,400,000, closed in October, 2020. The adjacent property to the north at 217 N Seacrest Boulevard is currently leased to the United States Postal Service, with a one-story building and large parking lot for postal vehicles. The north side of the property fronts Boynton Beach Boulevard. BB CRA will purchase the property for $1,600,000 with a closing projected for February, 2023 when the lease terminates. Purchases of these two properties are examples of the BB CRA pursuing assemblages to amass land which can be redeveloped into larger mixed use facilities as planned for the Boynton Beach Boulevard corridor. In the Heart of Boynton (HOB) CRA district, Ocean Breeze East is under construction at 700 North Seacrest Boulevard. The development is an affordable apartment project containing 123 units, retail space, clubhouse and swimming pool. The project came about by the Boynton Beach Community Redevelopment Agency (BBCRA) selling the land and the Florida Housing Finance Corporation and TD Bank providing the financing. Wells Landing will be another major project in the HOB along both sides of the East Martin Luther King (MLK), Jr. Boulevard corridor, east of Seacrest Boulevard. The development consists of 124 affordable multi-family rental units and 8,250 square feet of commercial space. Funding for the project is from the BBCRA and from the Florida Housing Finance Corporation's Low Income Housing Tax Credit Funding Program. Wells Landing is anticipated to bring about more development along MLK Boulevard and surrounding avenues. At the southeast corner of Seacrest Boulevard and East Martin Luther King, Jr. Boulevard, the store was purchased and will open as Dollar Tree. The section of the Cottage District from NE 4 Avenue to NE 5 Avenue, between Seacrest Boulevard and NE 1 Street will be improved with a project of approximately 44 dwelling unit. 22 APPRAISAL REPORT An aerial photo of this area is in the beginning of the report. The appraised property, one other single family house, and the northwest corner of the plot is excluded from the project since they are owned by others. Boynton Beach Community Redevelopment Agency (BB CRA) is in the process of attempting to purchase the two houses on NE 4 Avenue. If purchased, the number of units in the project may increase. BB CRA has acquired the lots in the 4.346 acres over many years, assembling a large tract of land for a transformation of a substantial part of the Heart of Boynton. Conclusion The town's redevelopment goal is to transform Boynton Beach from a retirement community to a vibrant city where residents can enjoy living and working in an attractive setting. Boynton Beach Community Redevelopment Agency is instrumental in the renaissance of the city. The transformation of the area is in progress. Development of real estate takes time and the right market conditions which have been positive. Progress and completion of projects convey confidence that revitalization will continue to occur. Price trend for real estate in the subject market area will continue to climb as the demand for new housing is strong. Platting: The appraised land is part of an old plat, recorded prior to the effective date of current zoning regulations. Land Use: Current land use is McDR, Medium Density Residential, maximum density 9.58 dwelling units per acre. Zoning: "R-2", Single and Two-family Residential District with the purpose to implement the medium density residential future land use map classification of the comprehensive plan. The intent of the district is to stabilize and protect existing residential neighborhoods with density no greater than 10 dwelling units per acre, and allow limited types of non-residential uses. 23 APPRAISAL REPORT Minimum lot area is 4,500 square feet per unit for a duplex; minimum lot frontage is 75 feet. There is a provision for a site with two lots platted prior to the enacting of the current zoning regulation to be improved with a duplex. Single family dwellings shall be constructed on lots that are no less than 6,000 square feet with a width of at least 60 feet and follow the building and site regulations of the "R-1", Single Family District. The appraised site has 50 feet of frontage and 150 feet of depth = 7,500 square feet. It is part of a platted lot. Hence, it appears that the permitted use for the site would be a single family residence; however, City officials make that determination. An excerpt from Nonconforming Regulations for Lots and Parcels is in the Addenda. If the appraised site were assembled into the new Cottage District project, there is the possibility of change of zoning and land use to increase the density. Site Description: Dimensions of the appraised land are from the sketch of survey included in the Addenda prepared by Avirom & Associates, Inc., dated May 4, 2020. The sketch of survey is for the Cottage District project. Although, the appraised site is excluded from the project, dimensions for the parcel are listed. The shape of the site is rectangular. North boundary on adjacent property: 50 feet East boundary on adjacent property: 150 feet South boundary on NE 4 Avenue: 50 feet West boundary on adjacent property: 150 feet Total: 7,500 square feet or 0.1723 of an acre 24 APPRAISAL REPORT Utilities: All utilities are available to the site. Access: The site is accessible via NE 4 Avenue, a two-laned road. There are no sidewalks, but there are streetlights. NE 4 Avenue intersects with Seacrest Boulevard one-half block to the west. Easements: Easements are not noted on original plat. If they exist, utility easements would be most probably be around the perimeter of the lot. Encroachments: There is no sketch of survey for the specific property to review to note if there are encroachments. Improvement Description: The appraisers did not view the interior of the house. The property is appraised under the extraordinary assumption that the condition of the interior of the building is in average condition. The appraised improvement is a one-story, single family residence containing 1,410 square feet of enclosed area, constructed in 2003. There are front and rear porches. Building sketch is in the Addenda. The interior space is divided into the following areas: living room, dining area, kitchen, three bedrooms, two bathrooms and laundry area. There is no enclosed car storage. Building details: Foundation: Stem wall Exterior Walls: Concrete block with concrete columns and tie beams; exterior finish is painted stucco Floors: Carpet or ceramic tile 25 APPRAISAL REPORT Interior Walls: Drywall over metal studs Roof System: Wood trusses to form a hip roof, covered with insulation and plywood, finished with asphalt shingles Windows & doors: Single hung windows HVAC: Central unit Site Improvements: Asphaltic paving for car storage, wood fence, shrubs and some sod Parking: Two parking spaces are required for a single family residence. The driveway can accommodate two parking spaces. Environmental Assessment: No assessment was available for review 2-2(a) (v) State the real property interest appraised; A person who owns all the property rights is said to have fee simple title. A fee simple title implies absolute ownership unencumbered by any other interest or estate. Partial interests in real estate are created by selling, leasing, et cetera. Partial estates include leased fee and leasehold estates. The interest appraised is fee simple. 26 APPRAISAL REPORT 2-2(a)(vi) State the type and definition of value and cite the source of the definition; The purpose of the appraisal is to develop an opinion of market value of the subject property as of June 1, 2021. MARKET VALUE: a type of value, stated as an opinion, that presumes the transfer of a property (i.e., a right of ownership or a bundle of such rights), as of a certain date, under specific conditions set forth in the definition of the term identified by the appraiser as applicable in an appraisal. The conditions included in market value definitions establish market perspectives for development of the opinion. These conditions may vary from definition to definition but generally fall into three categories as follows. 1. the relationship,knowledge, and motivation of the parties(i.e.,seller and buyer); 2. the terms of sale(e.g.,cash,cash equivalent,or other terms);and 3. the conditions of sale(e.g., exposure in a competitive market for a reasonable time prior to sale). Market value appraisals are distinct from appraisals completed for other purposes because market value appraisals are based on a market perspective and on a normal or typical premise. These criteria are illustrated in the following definition of Market Value*, provided here only as an example. Market value means the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus.Implicit in this definition are the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions as follows. 1. buyer and seller are tvpically motivated 2. both parties are well informed or well advised and acting in what they consider their own best interests; 3. a reasonable time is allowed for exposure in the open market; 4. payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and S. the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. * This example definition is from regulations published by federal regulatory agencies pursuant to Title XI of the Financial Institutions Reform,Recovery, and Enforcement Act(FIRREA)of 1989 between July 5, 1990, and August 24, 1990, by the Federal Reserve System (FRS), National Credit Union Administration(NCUA), Federal Deposit Insurance Corporation (FDIC), the Office of Thrift Supervision (OTS), and the Office of Comptroller of the Currency (OCC). This definition is also referenced in regulations jointly published by the OCC, OTS, FRS, and FDIC on June 7, 1994,and in the Interagency Appraisal and Evaluation Guidelines,dated December,2010. Florida Court Definition: "Market Value is the price that a seller willing, but not compelled to sell, and a buyer willing, but not compelled to buy, would agree to in fair negotiations with knowledge of all the facts." [Source: Fla. Power & Light Co., v. dennin,%,Ys, 518 So.2d 895 (Fla. 1987)] 27 APPRAISAL REPORT 2-2(a)(vii) State the effective date of the appraisal and the date of the report; A) Effective Date of the Appraisal: June 1,2021 B) Date of the Report: June 1, 2021 2-2(a)(viii) Summarize the scope of work used to develop the appraisal; The appraisal problem is to develop an opinion of value of the property based on its highest and best use. The appraisers visited the property and photographed it. An investigation was made into the physical characteristics of the property that could affect its value. The market area was surveyed to determine its stage of the life cycle. Research was conducted to ascertain economic factors that might influence value. Data research consisted of collecting, confirming, and reporting improved sales. The process included searches and analyses, inspections and confirmations, and final reporting. The appraiser examined several sources of sales data, including multiple listing service, Costar, Palm Beach County Property Appraiser's records, the public records, and data from the appraisers' plant. 2-2(a)(ix) Summarize the extent of any significant real property appraisal assistance; The two signatory appraisers are the only people involved in the appraisal process. 2-2(a)(x)(1) Summarize the appraisal methods and techniques employed; (2) State the reasons for excluding any of the valuation approaches; (3) Summarize the results of analyzing the subject sales, options and listings; (4) State the value opinion and conclusion (5) Summarize the information analyzed and the reasoning that supports the analyses, opinions, and conclusions For Sales Comparison Approach, sales of one family residences are compared to each other and to the property under appraisement to develop a final opinion of value. 28 APPRAISAL REPORT The information analyzed and appraisal method used is detailed in the valuation section of the report. Further, the reasoning that supports the analyses, opinions, and conclusions is explained in the valuation section. The final value conclusion is stated at the end of the Sales Comparison Approach. The Cost Approach is not used because of the age of the improvement. The Income Approach is not employed because single family dwellings are purchased for shelter, not their income producing ability. Exclusion of these approaches to value still produces a creditable report. SR I-5 When the value opinion to be developed is market value, if such information is available in the normal course of business: a) analyze all agreements of sale, options, or listings of the subject property current as of the effective date of the appraisal; The property is not formally listed for sale. b) analyze all sales of the subject property that occurred within the three (3) years prior to the effective date of the appraisal. There have been no arm's length sales in the past three years. The last arm's length transaction for the property was on August 25, 2014 for $136,000. This transaction was a resale after a foreclosure of a prior mortgage. The date of sale is too old to have any relevance on the current value of the property. 2-2(a)(xi) State the use of the real estate existing as of the effective date and use of the real estate reflected in the appraisal; The use of the real estate on the date of valuation is a single family residence, and it is this use which is reflected in the appraisal. No personal property is included in the valuation. 2-2(a)(xii) When an opinion of highest and best use was developed by the appraiser, state that opinion and summarize the support and rationale for that opinion; 29 HIGHEST AND BEST USE OF THE PROPERTY AS VACANT Physically Possible as Vacant No soil or subsoil tests are available for review. However, the land has been improved with a residence since 2003. The land is level and filled to street grade; however, the type of fill is not known. The appraised site is part of a lot in an old plat, containing 7,500 square feet. The shape is a rectangle. All utilities are available to the site. The site is accessible via NE 4 Avenue, with Seacrest Boulevard one-half block to the west. Physical constraint to develop the site is its size which governs the type of potential improvement which can be placed on it. Legally Permissible as Vacant Legal restrictions to the development of the site consist of land use designation, building and zoning codes, platting restrictions and restrictive covenants. Zoning is "R-2", Single and Two-family Residential District. Minimum lot area is 4,500 square feet per unit for a duplex; minimum lot frontage is 75 feet. Single family dwellings shall be constructed on lots that are no less than 6,000 square feet with a width of at least 60 feet and follow the building and site regulations of the "R-1", Single Family District. The appraised site contains 7,500 square feet, having a width of 50 feet. An excerpt from Nonconforming Regulations for Lots and Parcels is in the Addenda. Interpretation and enforcement of the zoning code are done by City officials. Nevertheless, it is reasonably probable that the appraised land would be permitted to be improved with a single family residence in keeping with the aim of home ownership in the Heart of Boynton CRA district. Financially Feasible as Vacant The third test of Highest and Best Use is economic feasibility. Demand for a certain property type must be evident for it to be feasible. For it to be financially feasible, the use must be marketable and provide the investor with a competitive return when compared with alternate uses. The subject market area has been improved with single-family residences and small multi-family dwellings for almost 100 years. Structures come to the end of their useful lives, improvements are razed and the sites are redeveloped with modern projects. 30 HIGHEST AND BEST USE OF THE PROPERTY AS VACANT There are examples of this cycle throughout the subject market area. New single family redevelopment projects in the subject vicinity are Ocean Breeze West with 21 homes, Eastview Park with market rate houses ranging from $255,000 to $300,000 constructed by D R Horton, and four new houses on West Martin Luther King, Jr. Boulevard sold from $166,000 to $195,000. The four houses are the result of the work of the Boynton Beach CRA and Boynton Beach Faith-Based Community Development Corporation. Numerous individual lots in the HOB were improved with houses and sold. Financially feasible use of the appraised site is to improve it with a single family residence. Improved Sales 2, 3, 4 and 5 are examples of purchases of the house and lot where sales of the lots recently preceded the package sales. Alternatively, the appraised site could be assembled with the land in the Cottage District project to increase the number of new residences to be constructed there. The most probably buyer for the site is a local developer familiar with the revitalization that is occurring in the subject market area. Time for development is development is now with renewed interest in the neighborhood and support from the Boynton Beach Community Redevelopment Agency and other social agencies. Maximally Productive as Vacant In summary, the Highest and Best Use of the appraised property as vacant is to improve it with a single family residence or to assemble it with the Cottage District project. Such uses would be potentially physically possible, most probably legally permissible, financially feasible and maximally productive. HIGHEST AND BEST USE OF THE PROPERTY AS IMPROVED Physically Possible Improved The improvement appraised is a single family residence constructed in 2003. It is assumed to be in average condition. If necessary or desired, demolition is physically possible. 31 HIGHEST AND BEST USE OF THE PROPERTY AS IMPROVED Legally Permissible Improved A single family residence is legally permissible in the "R-2" district. There is sufficient space to have car storage for two vehicles. Financially Feasible Improved There is an active market for one dwelling residences in the central-eastern Boynton Beach market area in the price range of the appraised value. Exposure time to the market for these properties is short, typically a few months. A few sales are in cash; most are financed by third party lenders at high loan to price mortgages. The appraised property is assumed to be in average condition. Upgrading the features of the house will prolong its useful life and enhance the comfort of those residing in the structure. Financial feasibility of the property as improved is to maintain it through repairs and upgrades to the end of its useful life. Maximally Productive Improved The maximally productive use of the property as improved is its current use as a single family residence, which use is physically possible, legally permissible, financially feasible, and maximally productive. 2-2(a) (xiii) Clearly and Conspicuously: State all extraordinary assumptions and hypothetical conditions; and state that their use might have affected the assignment result. EXTRAORDINARY ASSUMPTION: By instructions from the client, the appraisers did not view the interior of the appraised property. The opinion of value is developed under the extraordinary assumption that the condition of the interior of the building is in average condition. There are no hypothetical conditions in this report. 2-2(a) (xiv) Include a signed certification in accordance with Standards Rule 2-I See signed certification in report. 32 SALES COMPARISON APPROACH IMPROVED SALE LOCATION MAP 7. 1335EWAY�_ i �IGESIDE HARBOUR NW 21ST AVE ,may H mt4 t I, I �i ,44T' i 20THAVE NE 11 i if �) GST p l'� NE 20TH ;.. �r ,�. ( i� COYNTON BAY CIR z NE 17TH,AYE z Q" Iw 1 LAKE ST P 17TH AM1JE N]N ,. 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I( u�i o 1 �' i��. �.I I� w+ x SE 2N DAVj t10, , Boynton Be_hl - {{ Data use subject to license. ft DeLorme.DeLorme Street Atlas USA0 2009. 6 400 800 1200 1600 29GD wvvw.delorme.com MN(6-9-W) Data Zoom 14-0 34 4uh IMPROVED SALE 1:215 NE 12" AVENUE IMPROVED SALE 2:324 NE 12"AVENUE ���5111 s 3, �3 IMPROVED SALE 3:521 NE 11"AVENUE IMPROVED SALE 4: 505 NW 10"AVENUE v. s IMPROVED SALE 5: 124 NE 11"AVENUE IMPROVED SALES FOR 133 NE 4"AVENUE BOYNTON BEACH, FL 35 IMPROVED SALE SALE NO. 1 LEGAL DESCRIPTION Lot 17, Block 3, HAPPY HOME HEIGHTS, Plat Book 11, Page 30,Palm Beach County Public Records RECORDED O. R. Book 31717,page 2020 GRANTOR Boynton Beach Faith Based Community Development Corporation GRANTEE Sheyenne Dretzka et al DATE OF SALE August 28,2020 LOCATION 215 NE 12 Avenue Boynton Beach, FL ZONING "R-2", Single and Two-family Residential District SALE PRICE $256,000 PROPERTY DESCRIPTION One story CBS single family residence containing 1,390 square feet under air, constructed in 2019. Single car garage appears to be converted to living area. Land size is 4,000 square feet. UNITS OF COMPARISON $184.17 per sq.ft.of building,including land 2.88:1 Land to Building Ratio FOLIO NUMBER 08 43 45 2120 003 0170 CONDITIONS OF SALE Financing provided by Freedom Mortgage in the amount of $251,363 at the market rate of interest. 98% loan to price ratio. Arm's length transaction. CONFIRMATION Office of closing attorney Donia A. Roberts COMMENTS Recently constructed house on a small lot. No garage. 36 IMPROVED SALE SALE NO. 2 LEGAL DESCRIPTION Lot 6, Block 9, HAPPY HOME HEIGHTS, Plat Book 11, Page 30,Palm Beach County Public Records RECORDED O. R. Book 31518,page 1955 GRANTOR Blue Sky Construction Investments LLC GRANTEE Keiva Warden DATE OF SALE May 15,2020 LOCATION 324 NE 12 Avenue Boynton Beach, FL ZONING "R-2", Single and Two-family Residential District SALE PRICE $257,000 PROPERTY DESCRIPTION One story CBS single family residence containing 1,285 square feet under air, constructed in 2020. Land size is 3,780 square feet. UNITS OF COMPARISON $200.00 per sq.ft.of building,including land 2.94:1 Land to Building Ratio FOLIO NUMBER 08 43 45 2120 009 0060 CONDITIONS OF SALE Financing provided by Guaranteed Rate, Inc. in the amount of $252,345 at the market rate of interest. 98% loan to price ratio. Arm's length transaction. CONFIRMATION Marcos Ribeiro, for grantor COMMENTS Recently constructed house on a small lot. No garage. Lot purchased in August 2018 for$26,000. 37 IMPROVED SALE SALE NO. 3 LEGAL DESCRIPTION Lots 344 and 345, CHERRY HILLS, Plat Book 4, Page 58, Palm Beach County Public Records RECORDED O. R. Book 31673,page 1823 GRANTOR Palms Asset Management LLC GRANTEE Gabriel De Jesus DATE OF SALE August 28,2020 LOCATION 521 NW 11 Avenue Boynton Beach, FL ZONING "R-2", Single and Two-family Residential District SALE PRICE $262,000 PROPERTY DESCRIPTION One story CBS single family residence containing 1,206square feet under air, constructed in 2020. Single car garage. Land size is 5,100 square feet. UNITS OF COMPARISON $217.25 per sq.ft.of building,including land 4.23:1 Land to Building Ratio FOLIO NUMBER 08 43 45 21 14 000 3440 CONDITIONS OF SALE Cash sale. Arm's length transaction. CONFIRMATION Michael Hilghman for grantor COMMENTS Recently constructed house on a medium-sized lot. Corrective deed recorded with sale price of$262,000. Prior lot sale in June 2019 for$34,000. 38 IMPROVED SALE SALE NO. 4 LEGAL DESCRIPTION Lots 240 and 241, CHERRY HILLS, Plat Book 4, Page 58, Palm Beach County Public Records RECORDED O. R. Book 31684,page 808 GRANTOR Palms Asset Management LLC GRANTEE Banarbe Rony Romulus DATE OF SALE July 14, 2020 LOCATION 505 NW 10 Avenue(West Martin Luther King,Jr. Blvd.) Boynton Beach, FL ZONING "R-2", Single and Two-family Residential District SALE PRICE $265,000 PROPERTY DESCRIPTION One story CBS single family residence containing 1,206 square feet under air, constructed in 2020. Single car garage. Land size is 5,087 square feet. UNITS OF COMPARISON $219.73 per sq.ft.of building,including land 4.22:1 Land to Building Ratio FOLIO NUMBER 08 43 45 21 14 000 2400 CONDITIONS OF SALE Financing provided by Northpointe Bank in the amount of $251,750 at the market rate of interest. 95% loan to price ratio. Arm's length transaction. CONFIRMATION Michael Hilghman for grantor COMMENTS Recently constructed house on a medium-sized lot. Prior lot sale in April,2019 for$31,000. 39 IMPROVED SALE SALE NO. 5 LEGAL DESCRIPTION Lot 4, MEEKS ADDITION TO BOYNTON, Plat Book 9, Page 54,Palm Beach County Public Records RECORDED O. R. Book 31768,page 292 GRANTOR Andrea Mattis GRANTEE Ralph Jeudy DATE OF SALE September 4,2020 LOCATION 124 NE 11 Avenue Boynton Beach, FL ZONING "R-2", Single and Two-family Residential District SALE PRICE $270,000 PROPERTY DESCRIPTION One story CBS single family residence containing 1,475 square feet under air, constructed in 2019. Single car garage. Land size is 7,500 square feet. UNITS OF COMPARISON $183.05 per sq.ft.of building,including land 5.09:1 Land to Building Ratio FOLIO NUMBER 08 43 45 2124 000 0040 CONDITIONS OF SALE Financing provided by OCMBC, Inc. in the amount of $256,500 at the market rate of interest. 95% loan to price ratio. Arm's length transaction. CONFIRMATION Grantor COMMENTS Recently constructed house on a large lot. Lot was acquired by tax deed for $18,700 in November, 2018;then grantor constructed the house on the lot. 40 v v v v v F- -2 o f z o o o o E lu1 E lu1 � lu1 cC —CC � —CC C E E V V V o V O O O O O O d ' V LL W a A o^ o y of Co m a > N an Lb W O N N W F- V? V? V? V? V? V? Z Q d N � ar C I d CO CO l0 W O d Y -6 to N W C O O 1 m n Ol N N W O _ 3 N N N N N > N Q Q a u Y a + � + o + o + o + N O Q co `o_ 00 `o_ w � w E c c c c c W�I J O O O O O O >- co N N N N N N O QI W Ol N N O m J Ct H LL Z LA Ou'1 u'1 O w m o o co 0 0 co W Of Of Of Of Of Of ZI N N N N N N 3 0 N d N_ zI g O Wo CO O O o o n n !n F O O O O O y ti N N N N N N Q J F O O O O O Q O Z o o o o o > o cW G F N o W O ti O 00 O ^ O o W O J V O O O N O O O Q QI ^ O N ti O W J Z tA tAQ ca G � LL � LJy 7 LL 7 LJy � LL d LL C C 3 OV N W u - t u j t W u y u u >u J Q d Q y Q d Q y Q d WI Q d Q LA N N co N N co M iy co co {/� N co m a co N W O W p 3 O 3 p W O 7 W O ujj > Z C Z C Z C Z C Z to Z C N O N 0 `4 O o T N O M O 0 N co M co LNlf co Lm co ci co co a SALES COMPARISON APPROACH OVERVIEW In the Sales Comparison Approach, the appraiser compares the appraised property to sales of similar properties. This approach to value simulates the actions and attitudes of typical buyers and sellers in the market. The approach is based on the Principle of Substitution that affirms the maximum value of a property is set by the cost of acquisition of an equally desirable and valuable substitute property, assuming no costly delays in making the substitution. The steps of this approach are: 1) Collect information of recent sales of properties most similar to the property being appraised. 2) Verify the sales information from the best available sources. 3) Select relevant units of comparison and develop a comparative analysis for each unit. 4) Adjust the sales to the subject using the significant,market-derived units of comparison. 5) Reconcile value indications from the comparisons into a value opinion by this approach. The appraised improvement is a one family residence located at 133 Northeast 4 Avenue, Boynton Beach, FL. Enclosed building size is 1,410 square feet; date of construction is 2003. The appraisers viewed the exterior of the house, not the interior. The residence contains three bedrooms and two bathrooms; there is no enclosed car storage. Land size is 7,500 square feet, and the zoning is "R-2", Single and Two-family Residential District. A search was conducted to find sales of single family residences in the subject market area which is the Heart of Boynton. The focus of the search is recently constructed houses with modern features. Of the sales reviewed, the five included in the appraisal are the more similar to the property concerned. Details on the transactions are on the sales sheets and chart. UNITS OF COMPARISON Units of comparison are components into which a property may be divided for comparison. The purpose of using units of comparison is to relate sales of similar properties to the property being appraised on the basis of significant measures such as price per square foot, price per unit, et cetera. The appropriate units of comparison come from the market. For the property appraised and the comparable sales, the pertinent units are sale price per square foot of building, including land, and sale price per dwelling unit. More emphasis is placed on the sale of the property as a whole due to their similarities. ELEMENTS OF COMPARISON Elements of comparison are the characteristics of properties and transactions that cause the prices paid for real estate to vary. The Appraisal of Real Estate continues by stating that there are ten basic elements of comparison that may be considered in sales comparison analysis. The first group is termed transactional elements being: real property rights conveyed, financing terms, conditions of sale, expenditures made immediately after purchase and market conditions. The second group is property elements consisting of location,physical characteristics, economic characteristics, use, and non-realty components ofvalue. Each is hereafter addressed. 42 SALES COMPARISON APPROACH Real Property Rights Conveyed A transaction price is predicated on the real property interest conveyed. Property interests conveyed can either be fee simple (without tenants) or leased fee (subject to leases). An adjustment for property rights conveyed is based on whether a leased fee interest was sold with leases at, below, or above market rent. When a property is sold without leases, its value is normally based on the market rent that it can command and the financing that could be obtained. The interest valued for the appraised property is fee simple. The property interest conveyed in the improved sales is fee simple, the same interest appraised for the subject. No numerical adjustment is warranted for this element of comparison. Financing Terms Financing terms may have a bearing on the price paid for a property. Such terms that may affect price include assuming a mortgage at lower than current interest rates, the seller paying a buydown for the buyer to have a lower interest rate, or the seller providing financing for a transaction at lower than typical institutional rates. In all of these cases, the buyer could have paid higher prices in such transactions to obtain favorable financing. The reverse is also a possibility in which lower sale prices result from above market financing. If financing affected the price paid, a cash equivalency adjustment is warranted. Improved Sale 3 was a cash transaction. Improved Sales 1, 2, 4 and 5 were financed by third parry lenders at a high loan to price ratios of 95% or 98%. Such financing is typical in the subject market and makes purchases possible. The advantages of such financing are off-set by the cost to obtain the loan and the burden of making a high mortgage payment and paying for mortgage insurance. Thus, no adjustment is made for this element of comparison. Conditions of Sale Condition of sale addresses the motivation of buyers and sellers. All improved sales were arm's-length under typical market conditions. No adjustments are made. Expenditures Made Immediately After Purchase The date of construction of the improvements are within the past two years. No major expenditures were necessary; therefore,no adjustments are made. Market Conditions Comparable sales that occurred under different market conditions than those applicable to the subject on the effective date of the value estimate require adjustment for any differences that affect their value. The most common adjustment for market condition is time; however, the passage of time itself is not the cause of the adjustment. Market conditions that change over time are the reason to make the adjustment, such as appreciation or depreciation due to building inventory, changes in tax laws, investor's criteria,building moratoriums, fluctuation in supply and demand, et cetera. It is also possible that there is no change in market condition over time. 43 SALES COMPARISON APPROACH There is an upward trend in prices of real estate, generally. Financing is readily available as shown by four of the five sales cited in this report. Demand for home ownership is greater than the supply of houses, especially in the affordable category. To recognize this positive trend, each of the improved sales is adjusted upward by 4% per year for market conditions, equal to the recent annual rate of inflation. Adjustments for transactional elements of comparison were considered. Next, adjustments for property elements of comparison are addressed. Location The location of a property is a key factor in prompting a buyer to purchase it. Location encompasses many aspects such as road frontage, access, proximity to other competing properties, proximity to a market that will use the goods and services housed in a property, governmental influences, et cetera. Typically, properties in a neighborhood share some of the same location characteristics such as age, condition, and style. However, there may be differences such as corner location, view, and zoning, to name a few. Properties of a similar type may be in different locations, yet the locations may share enough similarities to justify comparison. Factors of similarity between locations include average daily traffic counts, zoning and/or land use, and market composition. The improved sales are in the immediate subject market area of the Heart of Boynton with similar locational characteristics that do not require adjustments. Physical Characteristics Physical characteristics to be considered for adjustments are those that cause a difference in price to be paid by the market. A wide range of such items includes property type,building size, land size, land to building ratio, amount of parking, year of construction, current property condition, functional utility, market appeal, complete build-out of interior space, et cetera. The two main differences of physical characteristics are lot size and indoor car storage. Improved Sales 1 and 2 have small lots and no garages; correspondingly, prices of Sales 1 and 2 are at the low end of the range. Improved Sales 3 and 4 have medium sized lots and one-car garages. Their prices are in the mid-range. No. 5, at the high end of the range, has a large lot and one-car garage, setting the upper limit of price for the houses. The appraised property has a large lot,but no garage. The physical characteristics of the subject place its value in the upper middle part of the range. Economic Characteristics Economic characteristics of a property include its rental rate, occupancy rate, and expenses. The improved sales are owner-occupied, with no data forthcoming for economic units of comparison. Hence,this element of comparison is not addressed in this appraisal. 44 SALES COMPARISON APPROACH Non-Realty Components of Value Non-realty components of value include personalty, business concerns, or other items that do not constitute real property but are included in the sale price of either the comparable or the subject property. These components should be analyzed separately from the realty. There were no non-realty components of value to consider for the property appraised. Use For properties to be comparable, they should have similar Highest and Best Uses. All of the improved sales cited in this report and the subject have the same Highest and Best Use as one family residences, with no adjustment necessary. FINAL VALUATION The adjusted sale prices are as follows: Sale No. Adjusted Price 1 $263,680 2 $267,280 3 $269,860 4 $272,950 5 $272,019 As mentioned, Sales 1 and 2 have small lots and no garage. Sales 3 and 4 have medium-sized lots and one-car garages. No. 5 has a large lot and a one-car garage. The appraised property has a large lot, but no garage. Greater weight is placed on the adjusted prices of Sales 3, 4 and 5. Considering all of the preceding discussion, the final value for the appraised property is $270,000. The quantity of the comparable data is sufficient to have an overview of the market for more recently constructed one-family residences in the Heart of Boynton. The quality of data is good in that it provides a sound basis to develop an opinion of value for the property under appraisement. Based on the analyses and conclusions presented within the report, it is our opinion that Market Value of the Fee Simple Interest of Subject Property, as of June 1, 2020 is: TWO HUNDRED SEVENTY THOUSAND DOLLARS 270 000 45 CERTIFICATION I certify that, to the best of my knowledge and belief,the statements contained in this report are true and correct. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal,unbiased professional analyses, opinions, and conclusions. I have no present or prospective interest in the property that is the subject of this report, and I have no bias or personal interest with the parties involved. The appraisal assignment was not based on a requested minimum valuation, a specific valuation, or the approval of a loan. My compensation is not contingent on an action or event resulting from the analyses, opinions, or conclusions in, or the use of, this report. I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute. The analyses, opinions and conclusions were also developed and the report prepared in conformity with the Uniform Standards of Professional Appraisal Practice, which is included in the Appraisal Institute's Standards, and Chapter 475,Part 11 F.S. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. The use of this report is (also) subject to the requirements of the State of Florida relating to review by the Florida Real Estate Appraisal Board. I have visited the exterior of the property that is the subject of this report on May 29, 2021. Jesse B. Vance, Jr. and Claudia Vance are responsible for the analyses, conclusions and opinions concerning real estate set forth in this report. No one else has provided significant professional service to the persons signing this report. The Appraisal Institute and the American Society of Appraisers each conduct programs of continuing education for their designated members. As of the date of this report, Jesse B. Vance, Jr. and Claudia Vance have completed the requirements of the continuing education program of the Appraisal Institute. Continuing educational requirements are also completed for the American Society of Appraisers and the State of Florida. June 1, 2021 Jesse B. Vance, Jr., MAI, SRA, ASA Florida State-CertifiedGeneralReal Estate Appraiser No. RZ-85 June 1,2021 Claudia Vance,MAI Florida State-Certified General Real Estate Appraiser No.RZ-173 46 CERTIFICATION AND LIMITING CONDITIONS The statements and conclusions contained in this report,subject to the limiting conditions hereafter cited,are correct to the best of the writers'knowledge. 1. The undersigned have personally visited the subject of this report. No pertinent information has been knowingly withheld. 2. Unless specifically included,the subject is analyzed as though free and clear of liens and encumbrances. 3. No responsibility is assumed for legal matters,nor is an opinion of title rendered. Title is assumed to be good and held in Fee Simple. 4. Legal descriptions and property dimensions have been furnished by others;no responsibility for their correctness is assumed. Sketches which may be in the report are for illustrative purposes only. 5. Possession of any copy of this report does not carry with it the right of publication,duplication,or advertising using the writers' names or professional designations or membership organizations. 6. The writers are not required to testify without prior agreement. 7. Neither the employment to make this appraisal nor compensation therefore is contingent on the value reported. 8. Improvements,if any,are those noted and reported on the date of inspection. 9. The value or values estimated apply ONLY as of the date of valuation stated within the report. 10. The writers certify that they have no present,past or contemplated interest in the subject of this report. 11. This report is the property of the indicated client. It may not be used by any other party for any purpose not consistent with the written function of this report without the express written consent of the writers AND client. 12. The reported analyses,opinions and conclusions were developed,and this report has been prepared,in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Practice and Conduct of the Appraisal Institute. The work also conforms to the Uniform Standards of Professional Appraisal Practice. 13. The existence of potentially hazardous material used in the construction or maintenance of buildings,such as the presence of urea formaldehyde foam insulation,and/or existence of toxic waste,which may or may not be present on the property,has not been considered. Additionally,soil or sub-soil contamination may exist from current or prior users,or users outside the property concerned. The appraisers are not qualified to detect such substances. We urge the client to retain an expert in this field if desired. 14. The appraisers have not been provided a Habitat Survey,Endangered Species Survey,or analysis by a qualified environmental specialist indicating the presence of or proximity to environmentally sensitive and/or protected land or species which could affect the use,and possibly,value of the appraised property. The appraisers are not qualified to identify these factors. We recommend that an expert be hired where there may be reasonable cause to expect the presence of any of the cited elements. 15. Jesse B.Vance,Jr.and Claudia Vance were responsible for the analyses,conclusions,and opinions of real estate set forth in this report. (No one else provided significant professional assistance to the report signers). 16. The Americans with Disabilities Act(ADA)became effective January 26,1992. We have not made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the ADA. It is possible that a compliance survey of the property would reveal that the property is not in compliance with one or more of the requirements of the act,which could reduce property value. 17. Prospective value estimates are based on current conditions and trends. The appraisers cannot be held responsible for unforeseeable events that might alter market conditions upon which market value has been estimated. 18. The appraisers certify that they have the knowledge and experience required to perform this appraisal assignment. 19. The appraiser reserves the right to amend or change this report at any time additional market information is obtained which would significantly affect the value opinion. Jesse B.Vance,Jr.,MAI,SRA,ASA State-Certified General Real Estate Appraiser No.RZ 85 June 1,2021 Claudia Vance,MAI State-Certified General Real Estate Appraiser No.RZ 173 June 1,2021 47 ADDENDA CFM 20140331683 OR BK 27023 PG 0758 This Instrument Was Prepared By and RECORDED 09/05/2014 15:24:10 Record and Return To: Palm Beach County, Florida Karen S.Leopold,Esq. AMT 136,000.00Doc Stapp 952.00 REO T E COMPANY OF FLORIDA,LLC Sharon R. Bock,CLERK ✓i< COMPTROLLER 20e Boulevard,Suite 501 Pge 0758 - 759; (2pge) AvTiotg 33180 Fo5-21-29-003-0031 Q SPECIAL WARRANTY DEED This Special ty Deed is made this I�C day of August,2014, by FANNIE MAE a/k/a FEDERAL NATIONAL GAGE ASSOCIATION, organized and existing under the laws of United States of America, whose address is P.O. Box 650043, Dallas, TX 75265-0043 ("Grantor"), in favor of Jean O. Francois Jean B. Francois, whose mailing address is 133 NE 4th Ave, Boynton Beach, FL 33435 ("Grantee"W� WITNESSETH: That a or, for and in consideration of the sum of $10.00 and other good and valuable consideration, tl�ceipt of which is hereby acknowledged, by these presents does grant, bargain, sell, alien,remise, , convey and confirm unto Grantee the parcel of real property situated in Palm Beach County,Flori gibed as follows: The East 50 feet of the 150 feet of Lot 3, Block 3 of SHEPARD ADDITION TO BOYNTON BEACH, acco t to the Plat thereof as recorded in Plat Book 2, Page(s) 59, of the Public Records of Pal County, Florida. a/k/a 133 NE 4th Ave,Boynton ,FL 33435 TOGETHER with all tenements, her nts, appurtenances, rights, reversions or reservations belonging thereto. SUBJECT to taxes for the year 2014 and subsequent years; conditions, limitations, restrictions and easements of record which are not reimposed by this instrument and zoning ordinances and government regulations,if any. TO HAVE AND TO HOLD the same in fee simple forever. l �u 49 Book27023/Page758 Page 1 of 2 AND the Grantor hereby covenants with the Grantee that the Grantor is lawfully seized of the real property in fee ! simple,that the Grantor has good right and lawful authority to sell and convey the real property,that the Grantor hereby fully warrants the title to the real property and will defend the same against the lawful claims of all persons claiming by,through and under the Grantor,but none other. INWI ESS WHEREOF,this instrument has been executed by the Grantor as of the day and year first above writte Wi as to Grantor: FANNIE MAE a/k/a FEDERAL NATIONAL, ° MORTGAGE ASSOCIATION By: REO Title Company of Florida,LLC, a Florida o limited liability company, as attorney-in-fact, pursuant to Limited Power of Attorney recorded in O.R.Book 28950,Page 1846,Public Records of i-Dade County,Florida By: Sha onMuno �'�, Name: wren S. 2pold Title: President Pri ame of Witness Print name of Witness STATE OF FLORIDA COUNTY OF MIAMI-DADE Q The foregoing instrument was aclanowledg re me this day of August, 2014, by KAREN S. LEOPOLD,as President of REO Title Compan orida,LLC,a Florida limited liability company,as attorney- in-fact for FANNIE MAE a/kla FEDERAL NATIONAL MORTGAGE ASSOCIATION, who is personally known to me. N� r ' My commission ,.•expires-.+`� ..+•••..�s ��ij Nota ublic N , rY 4 �SSI4 .• y tq�l Print name: .�9, • • +r �yVIrazi. n1N'''. 2 50 Book27023/Page759 Page 2 of 2 ~ Q ¢ S. 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Footage for Building 1 Al (92) Code Description Sq, 24' Footage 1410 192 1602 1410 Extra Fe, Patio 2003 182 Unit may represent the perimeter, square footage, linear footage, total number or other measurement of the feature depending on the feature described. I and DeflaHs 1. SFR R2 7507 0.1723 52 https.lhvww.pbcgov,com/papalAsps/PropeftyDetall/PrinterFriendlyStrDetail.a,sp)Oentityjd=08434521290030031&Owner—Name=JOSEPH ROSENA&... 111 Wn n(tl £NOOl8e8dSLOl �86tlEeO08 0ry0I HS SZ'l IQA 1'9 t 'IISIOl3OS1OId s tBGI .... NWW `JNtddVIN B`JN(A3A`J(7S LOvLlxo JJS ._ 8 aN`S31V7 OM 8WOHIAV "1 xe - Amdn8 DIHdvNc)odQ1F AWGNn(>e +< 13 — _ { 3N1S ts4 3N _ its � � 4 0 m x o r v 3 N6&L£,40N 1 t F .z-, �,{ G g .96'60 3.9Z 4£LOS r a c, h a t- �� o a w m zl I ___. ---______.. n r s s r M.SZ 4£ON s x� ggg 08 66 mm4 d. A iio A I Lt 66 3"s 7u4£>40S„ r F w L 684 M,.9Z.4£,40N m HIM 1 w 9Ew � � i n ! g s19 Gl ae M,.i9.tE>40N� -... -- -- OWA3l(1O91S3N6v3s 3 - m ¢ � 5 " � � 6 1A a fr F6 - o. 3 $ £ _ e i � L k y Eos m E S ¢ - is v P 4 n i L a E f R A�.a qa a ;I@ Far 5 CL'Y,, ect,. cara� 1,10 Plia-cm xus7 etaU14n I r, v {S �t ZONING MAP ppraised Property ,f•n� r t 3 5 - � �0 t?� �'! FUTURE LAND USE MAP Appraised Property 54 E. R-2 Single and Two-family Residential District. 1. General. The purpose of the R-2 zoning district is to implement the medium density residential (MeDR) future land use map (FLUM)classification of the Comprehensive Plan. The intent of this conventional district is to stabilize and protect existing residential neighborhoods with densities no greater than ten(10)dwelling units per acre, and allowing limited types of non- residential uses. 2. Use(s) Allowed. See "Use Matrix Table 3-28" in Chapter 3,Article IV, Section 3.D. 3. Building and Site Regulations (Table 3-9). Existing and/or planned single-family homes shall conform to the R-1 district requirements; however, for duplex homes, the following lot and building requirements shall be observed: BUILDING/SITE REGULATIONS R-2 District Minimum lot area(per unit): 4,500 s.f.1 Minimum lot frontage: 75 feet Minimum yard setbacks: Front: 25 feet2 Rear: 25 feet3 Interior side: 10 feet2 Corner side: 25 feet 2,3 Minimum living area: 750 s.f. Maximum lot coverage: 40% Maximum Floor Ratio Area (FAR) 0.104 Maximum structure height: 25 feet 1 Single-family dwellings shall be constructed on lots that are no less than six thousand(6,000)square feet. 2 Pursuant to Section 8.B.below,parcels that have frontage on Martin Luther King Jr.Boulevard and are located within the Martin Luther King Boulevard Overlay Zone shall have front,side interior,and side corner setbacks in accordance with the mixed use-low intensity 1 zoning district(see Section 6.11.below). 3 On corner lots,the side setback adjacent to the street shall be not less than one-half(1/2)the front yard setback. However,where orientation of adjacent lots on both street frontages provide typical front yard setbacks,the comer lot shall provide for front yard setbacks along both streets. when two(2)front yard setbacks are provided for on a corner lot,no rear yard setback shall be required,only side yard setbacks shall be imposed. 4 A floor area ratio(FAR)up to 0.10 maybe considered for non-residential uses allowed within the R-2 district (see "Use Matrix"—Chapter 3,Article IV, Section 3),pursuant to the medium density residential land use category of the Comprehensive Plan. 5 Not to exceed two(2)stories. 55 D. R-1 Single-family Residential District. 1. General. The purpose of the R-1 zoning district is to implement the moderate density residential (MoDR) future land use map (FLUM) classification of the Comprehensive Plan. The intent of this conventional district is to encourage single-family dwellings and structures at densities no greater than seven and one-half(7.5) dwelling units per acre, and allowing limited types of non-residential uses. 2. Use(s) Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.1). 3. Building and Site Regulations (Table 3-8). The following lot and setback requirements shall be observed: BUILDING/SITE REGULATIONS R-1 District Minimum lot area: a 6,000 s.f. Minimum lot frontage: 60 feet Front: 25 feet Rear: 20 feet Special rear yard setback reduction for single-story building additions:I Abutting: I-95 or railroad tracks: 50% Abutting: Intracoastal: 50% Abutting: Lakes: 50% Abutting: Golf Course: 50% Abutting: Canals wider than 150 ft 50% Abutting: Canals narrower than 150 ft 33% Abutting: Perimeter walls of community that abut other than residential: Abutting: Commercial or Industrial 50% Abutting: Public or private park: 50% Interior side: 7.5 feet Comer side: 25 feet2 Minimum living area: 1,200 s.f. Maximum lot coverage: 50% Maximum structure height: 30 feet 56 ' 3 J O a x ++ d d d d z z z z to w w z z E U •• a Q YC to YC YC o O to O N [— to O y O c� O c v �1. O o O Q. M y 00 O m � U VI O LO kn o II I C LL W c� �O O O cc 0 `n U •� O OO o ffQ .. ori, "' o O N o d �m r-: z to z x cd W ch U oO o 0 O d to O t d Q rx Q z �o 1:T z z U Qo o ttn z oo r- 1:T z O O o O O DD t Q �� i z 01 01 -- z I O O a0 r. aj Cd Q Qz "O c. Q. $.. c� O fy (� U U Cd p �' Q s .. bD O O Q C/1 tom~" O s. _ _._ U 3 .3u � GTr140. z z z z z z z z 00 w w w w z z z z z • � � d d d d d d d d w w w w z z z z z z 'z z 00 z z z z z z z z co N N N N O z z z z z z z z U O / O O O O O M O O M N r- N N Fri N kn to kn kn M kn kn 44 O O N kn O by o 0 0 0 0 0 0 0 N N O O O O O <cM O O N N v A4 0 0 0 0 0 0 0 0 M N -•� N N �n �n �n �n �n M �n �n Cd �. .-. OCd O V N 4 Cdto to L" . '� o o O .. o a� U 'v C7 U U U w r� r� U rx U ---� EJ Sec. 11. Nonconforming Regulations. A. Lots and Parcels. 1. R-1 District, R-IA District, R-2 District, and R-3 District. A detached single-family dwelling may be constructed on any parcel located in an R-1, R-1 A, R-2, or R-3 district, provided that it meets all of the following requirements: a. The parcel contains at least one (1)whole platted lot,platted prior to August 7, 2001; b. The parcel, or assemblage of platted parcels which individually meet the requirements of paragraph a. above, has a frontage of not less than fifty (50) feet, and a lot area of not less than five thousand(5,000) square feet(irregular, other than rectangle-shaped lots with less than five thousand(5,000) square feet of area may be developed if in conformance with all other lot regulations); c. All such parcels, when developed, shall comply with all provisions of the Land Development Regulations and applicable building code regulations, including without limitation sections of the building code regulations regarding the impact of construction and drainage on or to adjacent properties. -- N 2. R-2 District. Within R-2 districts, in subdivisions platted prior to the effective date of these Regulations, where the platted lots have a frontage of at least forty (40) feet but less than fifty (50)feet,the following rules shall apply: a. A detached single-family dwelling may be constructed on any such parcel,provided that the parcel contains at least one (1)whole platted lot. b. A duplex dwelling may be constructed on any parcel,provided that it meets the following requirements: (1) The parcel contains at least two (2)whole platted lots; (2) Property cannot be acquired from adjacent parcels so as to make the subject parcel conforming, without causing the adjacent parcels to become nonconforming or more nonconforming. c. For any parcel, lot, or combination of lots, where the total frontage is equal or greater than one hundred twenty (120)feet, and the total area is greater than twelve thousand(12,000) square feet, said property shall not be developed except in accordance with the minimum frontage and lot area required in the R-2 zoning district. d. Ownership of parcels shall be determined by the property tax rolls on file in the Palm Beach County Property Appraiser's Office as of the effective date of these Regulations. 3. R-I AA District. A detached single-family dwelling may be constructed on any parcel located in an R-1 AA district,without requiring a variance,provided that it meets the following requirements: a. The parcel contains at least one (1)whole platted lot. b. The parcel has a frontage of not less than sixty (60) feet,and a lot area of not less than six thousand, seven hundred fifty (6,750) square feet in area. c. It would not be possible to acquire property from adjacent parcels so as to make the subject parcel conforming,without causing the adjacent parcels or structures thereon to become nonconforming or more nonconforming. For any parcel or lot, or combination of lots under the same ownership, where the total frontage and the total area is equal to or greater than that which is required by the R-IAA district building and site regulations, said property shall not be developed except in accordance with the minimum frontage and lot area required in the particular zoning district. Not more than one (1)parcel or lot, or combination of lots under the same ownership,that is nonconforming but which meets the requirements under b. above may be developed for a single- family house. 59 ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS Page 1 of 3 Sec. 2. Standards. A. General. 1. Rules and Methodology. a. Parking space requirements shall be computed on the basis of the principal use of a structure or lot, and using gross floor area unless stated otherwise in this article. Gross floor area, for the purposes of this subsection, shall include the floor area occupied by the principal use,plus the floor area occupied by all other enclosed spaces, including but not limited to storage rooms,maintenance and mechanical rooms, offices, lounges, restrooms, lobbies, basements, mezzanines, and hallways. b. Where several principal uses exist in one (1) structure or on one (1) lot,parking space requirements shall be computed separately for each principal use,unless stated otherwise in this article. Where parking spaces are required in this article for each of several principal uses that commonly occur together,this is done for the purpose of clarification only, and shall not limit the application of the requirement contained in this paragraph. c. A use shall be considered a principal use, for the purposes of this subsection, if it could exist separately from all other uses in the same structure or on the same lot, and would by itself generate significant parking demand. d. Where several principal uses exist in one (1)building or part of a building, and the floor area of each principal use cannot be clearly delineated,the parking space requirement for the use requiring the greatest number of parking spaces shall apply. e. Where a use is not listed below, parking space requirements shall be determined by the City Commission after review and recommendation by the Director of Planning and Zoning or designee. f. Where the number of required parking spaces as computed includes a fraction,the number of required parking spaces shall be the computed number rounded to the next highest whole number. g. Except as provided in Section 3.E. below,there shall be provided, at the time of the erection of any structure or establishment of any use, a number of off-street parking spaces in accordance with the following minimum requirements,and subject to the parking requirements of this subsection. Where a structure or use is enlarged or increased in capacity by any means, including a change in building occupancy which requires the provision of additional parking spaces, or a change in use to or which requires additional parking spaces,the minimum number of parking spaces shall be computed by applying these requirements to the entire structure or use. 2. Minimum Number of Required Off-Street Spaces for Non-Residential Uses. No fewer than four(4)parking spaces shall be provided for any non-residential use. 3. Location of Off-Street Parking Areas. a. Residential. Required parking spaces for all dwellings shall be located on the same lot as the dwelling to be served. b. Non-residential. Required parking spaces for all non-residential uses shall be owned by the owner of the building or lot to be served,and shall be located on the same lot, or not more than three hundred(300) feet distance,unless the property is located within those areas defined within the adaptive re-use section of the Code (Chapter 4, Article 5, Section 4). In those areas, required parking spaces may be leased within three hundred(300) feet of the use in which they serve, subject to Board and City Commission approval,and the property shall be posted with signage indicating to patrons the location of the leased parking. B. Table 4-17. Residential and Lodging Uses. Residential and Lodging Uses Standard Number of Required Parking Spaces 60 h4://www.amlegal.com/nxt/gateway.dll/Florida/boynton/partiiilanddevelopmentregulation... ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS Page 2 of 3 Building area size is based upon gross floor area(in square feet)unless specifically expressed otherwise. Single-family,duplex dwelling,or mobile home: 21 Efficiency or one (1)-bedroom apartment: 1.5 1,2 Within mixed use high district: 1.332 Two (2) or more bedroom apartment: 21,2 Within mixed use high district: 1.661'2 Dormitories: 1 per unit Hotel&motel units containing one (1)-bedroom: 1.25 per unit Within mixed use high district: 1 per unit Hotel& motel suite containing two (2) or more 2 per unit bedrooms: Within mixed use high district: 1 per unit Group home(types 1 through 4): 1 per 3 beds Bed&breakfast: 13 Live/work unit: 1 per 2 units4 1 Residential driveways shall satisfy the parking space requirements for single-family detached dwelling units, duplexes, and multi-family dwelling units containing garages,provided such driveways are of sufficient size to meet the parking space requirements of this subsection. A residential driveway of sufficient size shall be provided prior to the issuance of a certificate of occupancy. For all required parking spaces not located within an enclosed garage, the first parking space shall be the minimum size required for a handicap space, exclusive of public or private rights-of-way, and all other required spaces must be dimensioned in accordance with current city standards. All driveways shall be setback at least two (2) feet from interior side and corner side property lines, and maintained and drained so as to prevent nuisance conditions or a danger to the public and/or adjacent property owners. Any expansion to an existing driveway shall require a zoning permit from the Planning and Zoning Division in accordance with the procedures specified in Chapter 2,Article II, Section S.B.; however, any driveway expansion(or similar impervious surface)that is equal to or greater than eight hundred(800) square feet shall require the approval of a land development permit in accordance with Chapter 2, Article III, Section 3. Any work, such as a driveway,proposed within the swale (right-of-way) shall require a permit from the Engineering Division in accordance with the procedures specified in Chapter 2, Article III, Section 4. 2 Guest parking shall be provided at a rate of 0.15 spaces per unit for residential developments consisting of three (3)or more dwelling units. 3 Required parking shall be calculated on the basis of one (1) space per each employee, manager, or owner and one (1)parking space for each guest unit. Newly created parking may be located only in the rear and side yard. 61 http://www.amlegal.com/nxt/gateway.dll/Florida/boynton/partiiilanddevelopmentregulation... ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS Page 3 of 3 4 In addition to the required parking for the residential unit,the city requires that one (1) parking space per two (2) live/work units be provided to meet business activity needs. Parking provided to meet this requirement shall be located on the lot,built into or under the structure, or within three hundred (300) feet of the unit in which the use is located. The distance shall be a straight line measurement from a point on the boundary line of the property of the subject unit to the closest boundary line of the property on which the parking is located. Parking provided to accommodate said space, including driveways of adequate depth in front of the unit's garage, shall not serve as meeting required parking for the unit's residential use. 62 http://www.amlegal.com/nxt/gateway.dll/Florida/boynton/partiiilanddevelopmentregulation... 1/8/2015 SUMMARY OF 2020-2021 USPAP(Uniform Standards of Professional Annraisal Practicel Standard Rule 2: Real Property Annraisal. Re on rting In reporting the results ofa real property appraisal, an appraiser must communicate each analysis, opinion, and conclusion in a manner that is not misleading. STANDARD 2 addresses the content and level of information required in a report that communicates the results of the real property appraisal. STANDARD 2 does not dictate the form,format, or style of real property appraisal reports. The substantive content ofa report determines its compliance. STANDARDS RULE 2-1 Each written or oral real property appraisal report must: (a) clearly and accurately set forth the appraisal in a manner that will not be misleading; (b) contain sufficient information to enable the intended users of the appraisal to understand the report properly; and (c) clearly and accurately disclose all assumptions, extraordinary assumptions, hypothetical conditions, and limiting conditions used in the assignment. STANDARDS RULE 2-2 Each written real property appraisal report must be prepared under one of the following options and prominently state which option is used.Appraisal Report or Restricted Appraisal Report. An appraiser may use any other label in addition to, but not in place of, the labels set forth in this Standards Rule for the type of report produced. The use of additional labels such as analysis, consultation, evaluation, study, or valuation does not exempt an appraiser from adherence to USPAP. The report content and level of information requirements in this Standards Rule are minimal for each type of report.An appraiser must supplement a report form, when necessary, to insure that any intended user of the appraisal is not misled and that the report complies with the applicable content requirements. (a) The content of an appraisal report must be appropriate for the intended use or the appraisal and, at a minimum: (i) state the identity of the client, or if the client requested anonymity, state that the identity is withheld at the client's request but is retained in the appraiser's workfile; (ii) state the identity ofany other intended users by name or type; (iii) state the intended use of the appraisal; (iv) contain information, documents, and/or exhibits sufficient to idents the real estate involved in the appraisal, including the physical, legal, and economic property characteristics relevant to the assignment; (v) state the real property interest appraised; (vi) state the type and definition of value and cite the source of the definition; (vii) state the effective date of the appraisal and the date of the report; (viii)summarize the scope of work used to develop the appraisal; ()x) summarize the extent of any significant real property appraisal assistance; 63 SUMMARY OF 2020-2021 USPAP(Uniform Standards of Professional Annraisal Practicel Standard Rule 2: Real Property Annraisal. Re on rting (x) provide sufficient information to indicate that the appraiser complied with the requirements of STANDARD I by: (1) summarizing the appraisal methods and techniques employed; (2) stating the reasons for excluding the sales comparison, cost, or income approach(es) if any have not been developed; (3) summarizing the results of analyzing the subject sales, options, and listings in accordance with Standards Rule 1-5; (4) stating the value opinion(s) and conclusions(s); and (S) summarizing the information analyzed and the reasoning that supports the analyses opinions, and conclusions, including reconciliation of the data and approaches; (xi) state the use of the real estate existing as of the effective date and the use of the real estate reflected in the appraisal; (xii) when an opinion of highest and best use was developed by the appraiser, state that opinion and summarize the support and rationale for that opinion; (xiii) clearly and conspicuously: • state all extraordinary assumptions and hypothetical conditions, and • state that their use might have affected the assignment results, and (xiv)include a signed certification in accordance with Standards Rule 2-1. STANDARDS R ULE 1-5 When the value opinion to be developed is market value, if such information is available in the normal course of business: a) analyze all agreements of sale, options, or listings of the subject property current as of the effective date of the appraisal; b) analyze all sales of the subject property that occurred within the three(3) years prior to the effective date of the appraisal. 64 475.611 Florida Statutes: Definitions.- (1) As used in this part, the term: (a) "Appraisal"or"Appraisal Services" means the services provided by certified and licensed appraisers or registered trainee appraisers, and includes: 1. "Appraisal assignment" denotes an engagement for which a person is employed or retained to act, or could be perceived by third parties or the public as acting, as an agent or a disinterested third party in rendering an unbiased analysis, opinion, review, or conclusion relating to the nature, quality, value, or utility of specified interests in, or aspects of, identified real property. 2. "Analysis assignment"denotes appraisal services that relate to the employer's or client's individual needs or investment objectives and includes specialized marketing, financing, and feasibility studies as well as analyses, opinions, and conclusions given in connection with activities such as real estate brokerage, mortgage banking, real estate counseling, or real estate consulting. 3. "Appraisal review assignment"denotes an engagement for which an appraiser is employed or retained to develop and communicate an opinion about the quality of another appraiser's appraisal, appraisal report, or work. An appraisal review may or may not contain the reviewing appraiser's opinion of value. (b) "Appraisal Foundation" or "foundation" means the Appraisal Foundation established on November 20, 1987, as a not-for-profit corporation under the laws of Illinois. (c) "Appraisal report" means any communication, written or oral, of an appraisal, appraisal review, appraisal consulting service, analysis, opinion, or conclusion relating to the nature, quality, value, or utility of a specified interest in, or aspect of, identified real property, and includes any report communicating an appraisal analysis, opinion, or conclusion of value, regardless of title. However, in order to be recognized in a federally related transaction, an appraisal report must be written. (d) "Appraisal review" means the act or process of developing and communicating an opinion about the quality of another appraiser's appraisal, appraisal report, or work. (e) "Appraisal subcommittee" means the designees of the heads of the federal financial institutions regulatory agencies established by the Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. ss. 3301 et seq.), as amended. (f) "Appraiser" means any person who is a registered trainee real estate appraiser, licensed real estate appraiser, or a certified real estate appraiser. An appraiser renders a professional service and is a professional within the meaning of 95.11(4)(a). (g) "Board" means the Florida Real Estate Appraisal Board established under this section. (h) "Certified General Appraiser" means a person who is certified by the department as qualified to issue appraisal reports for any type of real property (i) "Certified Residential Appraiser" means a person who is certified by the department as qualified to issue appraisal reports for residential real property of one to four residential units, without regard to transaction value or complexity, or real property as may be authorized by federal regulation. Q) "Department" means the Department of Business and Professional Regulation. 65 2020 FLORIDA STATUTES Title XXXII Chapter 475 View Entire REGULATION OF PROFESSIONS REAL ESTATE BROKERS, SALES Chapter AND OCCUPATIONS ASSOCIATES, SCHOOLS, AND APPRAISERS 475.628 Professional standards for appraisers registered, licensed, or certified under this part.— (1) The board shall adopt rules establishing standards of professional practice which meet or exceed nationally recognized standards of appraisal practice, including standards adopted by the Appraisal Standards Board of the Appraisal Foundation. Each appraiser registered, licensed, or certified under this part must comply with the rules. Statements on appraisal standards which may be issued for the purpose of clarification, interpretation, explanation, or elaboration through the Appraisal Foundation are binding on any appraiser registered, licensed, or certified under this part, upon adoption by rule of the board. (2) The board may adopt rules establishing standards of professional practice other than standards adopted by the Appraisal Standards Board of the Appraisal Foundation for nonfederally related transactions. The board shall require that when performing an appraisal or appraisal service for any purpose other than a federally related transaction, an appraiser must comply with the Ethics and Competency Rules of the standards adopted by the Appraisal Standards Board of the Appraisal Foundation, and other requirements as determined by rule of the board. An assignment completed using alternate standards does not satisfy the experience requirements under s. 475.617 unless the assignment complies with the standards adopted by the Appraisal Standards Board of the Appraisal Foundation. History.—ss. 9, 11, ch. 91-89; s. 4, ch. 91-429; s. 35, ch. 98-250; s. 22, ch. 2012-61; s. 9, ch. 2017-30. 66 Page 1 of 5 Vance Real Estate Service ANWONNNOMMIL 9 Jesse B. Vance, Jr., MAI, SRA, ASA, MBA Appraiser - Real Estate Analyst - Reviewer - Expert Witness Vance Real Estate Service - 7481 NW 4 Street - Plantation - Florida - 33317 Office: 954.583.2116; Cell: 954.610.2423; Email: vanceval(a,comcast.net Web Page: www.vancerealestateservice.com Vance Real Estate Service is a Veteran-Owned Small Business (VOSB) and Florida Certified SDVBE Minority Business Enterprise specializing in personalized real estate valuation services in Florida for over 35 years. Currently registered in"SAM" (U.S. Government System for Award Management—DUNS 826494957).Designated appraisers perform the appraisal work,no trainees. Jesse B. Vance, Jr., MAI, SRA, ASA, MBA and Claudia Vance, MAI are qualified as expert witnesses for eminent domain, bankruptcies, deficiency judgments, marriage dissolution, and estate valuations. Our firm values most types of real property interests for sale, mortgage loans, litigation and investment reasonably, timely and professionally. As licensed real estate brokers,we perform most other real property functions.We also do"Valuations for Financial Reporting." PROFESSIONAL QUALIFICATIONS A)PROFESSIONAL DESIGNATIONS/DEGREES/LICENSES&CERTIFICATIONS MAI DESIGNATION - APPRAISAL INSTITUTE/Life Member No. 8781 SRA DESIGNATION - APPRAISAL INSTITUTE/Life Member No. 8781 ASA DESIGNATION - AMERICAN SOCIETY OF APPRAISERS(RE-Urban)4003439 MBA DEGREE - REAL ESTATE MANAGEMENT AND DEVELOPMENT STATE-CERTIFIED GENERAL REAL ESTATE APPRAISER 4RZ-85(Florida) FLORIDA STATE LICENSED REAL ESTATE BROKER NO.BK.91050 REGISTERED VETERAN-OWNED SMALL BUSINESS(CCR/Duns 826494957) FLORIDA CERTIFIED SDVBE BUSINESS ENTERPRISE(Minority Business Enterprise-MBE) FLORIDA"D.E.P."APPROVED APPRAISER Currently registered in"SAM"(U.S.Government System for Award Management). B)QUALIFIED AS AN EXPERT WITNESS IN REAL ESTATE VALUATION 1.U.S.Court of Appeals,Eleventh Circuit 2.U.S.District Court,Southern District of South Florida 3.U.S.District Court,New Jersey 4.U.S.Bankruptcy Court,Southern District of Florida 5.U.S.Bankruptcy Court,District of New Jersey 6.U.S.Bankruptcy Court,Western(Pittsburgh)Division of Pennsylvania 7.Florida Circuit Courts:Broward,Dade,Palm Beach,Lee,Collier,Martin,and Okeechobee Counties 8.Appraiser on landmark eminent domain cases:TESSLER,NESS TRAILER PARK,PATEL,SIMPSON v. FILLICHIO,RUBANO,PALM BEACH COUNTY(FL)vs.COVE CLUB INVESTORS,LTD. C)EXPERIENCE Over thirty-five(35)years appraising and analyzing real property interests in South Florida Partial list: RESIDENCES, RESTAURANTS/BARS, APARTMENT BUILDINGS, OFFICE BUILDINGS HOTELS/MOTELS, CHURCHES, CONDOMINIUMS/COOPS, HOSPITALS &NURSING HOMES, VACANT LAND, GOLF COURSES, GOLF CLUBS, GASOLINE SERVICE STATIONS, MARINAS, TRAILER PARKS, SHOPPING CENTERS, BANKS/THRIFT INSTITUTIONS, BOWLING ALLEYS, P.U.D.'S, INDUSTRIAL BUILDINGS, TIME-SHARE DEVELOPMENTS, ROCK PITS, SCHOOLS, AGRICULTURAL PROPERTIES, WATER MANAGEMENT DISTRICT, MARKETABILITY, FEASIBILITY ANALYSES, INVESTMENT ANALYSES, AUTO SALES FACILITIES, LEASE VALUATIONS, TAX & ASSESSMENT APPEALS, CONDEMNATION, EXPERT WITNESS (Member National Forensic Center), BUSINESS ENTERPRISE VALUATIONS (BEV), (VFR) VALUATION FOR FINANCIAL REPORTING, AVIGATION & CLEARANCE EASEMENTS, ESTATES, DIVORCES, PLANNING/LAND USE STUDIES, HIGHEST & BEST USE ANALYSES, DEPRECIATION ANALYSES, COMPONENT APPRAISALS, ENVIRONMENTALLY SENSITIVE LAND, CONTAMINATED PROPERTIES, SUGARCANE & TURFGRASS LAND, DAY CARE CENTERS, SELF-STORAGE FACILITIES, FUNERAL HOMES, ANIMAL HOSPITALS, SUBMERGED LAND, CITY CENTERS,etc. 67 Page 2 of 5 D)PARTIAL LIST OF CLIENTS PRIVATE INDIVIDUALS AND CORPORATIONS, ATTORNEYS, ACCOUNTANTS, TRUST DEPARTMENTS, COMMERCIAL BANKS: Wells Fargo; BankAtlantic; SunTrust; American National Bank; Landmark Bank; City National Bank; BankUnited; Gateway American Bank; State Farm Bank; Englewood Bank & Trust; SAVINGS & LOANS, INSURANCE COMPANIES, REAL ESTATE INVESTMENT TRUSTS, & REAL ESTATE TRANSFER COMPANIES, TITLE INSURANCE COMPANIES; FLORIDA CITIES: FORT LAUDERDALE, PLANTATION, COOPER CITY, TAMARAC, LAUDERHILL, BOCA RATON, DEERFIELD BEACH, OAKLAND PARK, WILTON MANORS, HOLLYWOOD, WEST PALM BEACH, DELRAY BEACH, HALLANDALE, PEMBROKE PINES, COOPER CITY, TOWN OF DAVIE, TOWN OF SOUTHWEST RANCHES, MIRAMAR. FLORIDA COUNTIES: BROWARD, PALM BEACH,COLLIER, OKEECHOBEE;BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS;OKEECHOBEE BOARD OF COUNTY COMMISSIONERS. SCHOOL BOARD OF BROWARD COUNTY, FLORIDA, BROWARD COUNTY HOUSING AUTHORITY,STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION(DOT); STATE OF FLORIDA DIVISION OF GENERAL SERVICES(GSA); N. BROWARD GENERAL HOSPITAL DISTRICT; STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (Approved Vendor);U_S. TREASURY DEPARTMENT(General Counsel, I.R.S.);U.S.MARSHAL'S SERVICE—U.S.ATTORNEY'S OFFICE CENTRAL DIVISION—U.S.Dept.of Justice; VETERANS ADMINISTRATION E)EDUCATIONAL BACKGROUND-(Partial List) BACHELOR OF ARTS- Earlham College,Richmond,Indiana(1954) MBA(Nova University) - Real Estate Management&Development(National Dean's List 1991) Course 1 (AIREA) - Basic Principles of Appraising Course 2 (AIREA) - Urban Property Valuation(Income) Course 4 (AIREA) -Condemnation Appraising Course 6 (AIREA) - Income Capitalization&Analysis Course 101(SREA) - Introduction to Appraising Course 201(SREA) - Income Property Valuation,Theory Course 202(SREA) - Applied Income Property Valuation Course 301(SREA) - Applications/Appraisal Analysis Symposium (SREA) - Market Analysis,1978,Virginia Symposium (SREA) - Market Analysis,1979,Arizona Symposium (SREA) - Market Analysis,1980,South Carolina Symposium (SREA) - Market Analysis,1981,Tennessee Symposium (SREA) - Market Analysis,1982,New Mexico Symposium (SREA) - Market Analysis,1983,Pennsylvania Symposium (SREA) - Market Analysis,1984,Georgia Symposium (SREA) - Market Analysis,1985,Vancouver,B.C. Symposium (SREA) - Market Analysis,1986,New Jersey Clinic (SREA) -#201 Instructor,1987,U.of Illinois Clinic (SREA) -#201 Instructor,1988,Illinois Seminar (SREA) - Professional Practice,1988,Florida Symposium(SREA) - Market Analysis, 1988,California Symposium(SREA) - Market Analysis, 1989,Minnesota MBA Graduate School Courses: 1990—1991 Successfully completed the following graduate school courses: - "Regulation of Real Estate Development" - "Real Properties Management" - "Legal Issues In Real Estate" - "Market Analysis and Site Selection" - "Organizational Behavior and Management' - "Human Resource Management" - "Real Estate Economics" -"R.E.Finance:Instruments,Institutions&Investment Analysis" - "Urban Infrastructure&Environmental Analysis" - "Real Estate Accounting" - "Marketing Management for Real Estate" - "Commercial Real Estate Lending" - "Construction Technology and the Building Development Process" SEMINAR (AI) - Cost Approach(1992/Boston) SEMINAR (AI) - Rates&Ratios(1992/Boston) SEMINAR (AI) - International Appraising(1992/Boston) SEMINAR (AI) - Litigation Valuation/Mock Trial(1993) SEMINAR (AI) - ADA ACT(1993/Reno) SEMINAR (AI) - Hotel Valuation(1993) SEMINAR (AI) - Income Capitalization,Methods(1993) SEMINAR (AI) - Powerlines/Electromagnetic Radiation(1994) SEMINAR (AI) - Verifying Market Data(1994) SEMINAR (AI) - Market Studies for Appraisals(1994) SEMINAR (AI) - Florida Appraiser Core Law(USPAP/1994) 68 Page 3 of 5 E)EDUCATIONAL BACKGROUND-(Partial List,continued) SEMINAR (AI) - Limited Appraisals&Reports(USPAP/1994) SEMINAR (AI) - Public Safety&Property Values(1995) SEMINAR (AI) - Outparcel Valuation(1995) SEMINAR (AI) - Computer Technology Video Conference(1995) SEMINAR (AI) - The Internet&the Appraiser(1996) SEMINAR (AI) - Florida Commercial Construction(1996) SEMINAR (AI) - Real Property Rights in Florida(1996) COURSE (AI) - USPAP&Florida Real Estate Core Law(1996) SEMINAR (AI) - Valuation of Trees(199 7) 3-DAY COURSE - Environmental Permitting/Mitigation/Mitigation Banking/Contamination Risk Management- Liability/Wetlands/Hazardous Wastes/LenderLiability(1997/Marco Beach.FL) SEMINAR(AI) -Valuation of Transferable Development Rights[TDR's](1997) COURSE (AI) - Standards of Professional Practice,Part C,15 hour Course#430(1997) SEMINAR(AI) - Non-Conforming Uses(1998) SEMINAR(AI) - The Impact of Contamination on Real Estate Value(1998) COURSE (AI) - USPAP&Florida Real Estate Core Law(1998) SEMINAR(AI) - Econometrics/Statistical Valuation Methods(1999) COURSE (AI) - 14 Hour(2-day)Advanced Spreadsheet Modeling for Valuation Applications SEMINAR(AI) - Globalization of Real Estate/What U.S.Appraisers Need to Know(1999) SEMINAR(AI) - The Role of the Appraiser in Alternative Dispute Resolution(Mediation/Arbitration)(1999) SEMINAR(AI) - Technology Forum Part II/Intermediate(1999) SEMINAR(AI) - Client Satisfaction/Retention/Development(1999) SEMINAR(AI) - Attacking and Defending an Appraisal(1999) SEMINAR(AI) - Federal Appraisal Requirements("Yellow Book')(2000) SEMINAR(AI) - Regression Analysis in Appraisal Practice:Concepts&Applications(2000) SEMINAR(AI) -Analyzing Income Producing Properties(2000) SEMINAR(ATIF) - 1031 Tax Deferred Exchanges(2000) COURSE (AI) -USPAP&Florida Real Estate Core Law(2000) SEMINAR(AI) - Mediation&Alternate Dispute Resolution Seminar(2001) SEMINAR(AI) - State of the Appraisal Profession(2001) 2-Day SEMINAR - Eminent Domain,by CLE International,Tampa,Florida(200 1) SEMINAR(AI) -Ad Valorem Assessment Process in Florida(2002) SEMINAR(AI) -Role of Real Estate Appraisers in Bankruptcy Proceedings(2002) SEMINAR(AI) -Appraisers&the Gramm-Leach-Bliley Federal Privacy Act(2002) SEMINAR(AI) -How to Appraise the Ugly House(2002) COURSE(AI) -2-Day Course#430,Standards of Professional Practice,Part C(2002) SEMINAR(AI) -Market Trends for 2003(2003) SEMINAR(AI) -Update on Code of Professional Ethics(2003) PANEL(AI) -Moderator"Industry,Consumer&Congressional Views on Predatory Lending"D.C.(2003) SEMINAR(AI) -Florida State Law for Real Estate Appraisers(2003) SEMINAR(AI) -Appraisal Agreements(2003) SEMINAR(AI) -Analyzing Distressed Real Estate(2004) SEMINAR(AI) -Valuation for Financial Reporting Purposes(2004) SEMINAR(AI) -7 Hour National USPAP Update Course#1400(2004) SEMINAR(AI) -Inverse Condemnation(2004) SEMINAR(AI) -Appraiser Independence in the Loan Process(2004) SUMMIT (AI) -Moderator at 2-day Appraisal Summit in Washington,D.C.(12/2004) SEMINAR(AI) -Loss Prevention Program for Real Estate Appraisers(2005) SEMINAR(AI) -Valuation of Wetlands(7/2005) SEMINAR(AI) -Tri-County Residential Symposium(8/2005) SEMINAR(AI) -"Cool Tools"Internet Resources and Use for Valuation(2/2006) SEMINAR(AI) -FREAB 7-Hour National USPAP Update(5/2006) SEMINAR(AI) -FREAB 3-Hour Florida State Law for Real Estate Appraisers(5/2006) SEMINAR(AI) -USPAP Scope of Work&New Requirements(8/2006) SEMINAR(AI) -USPAP Reappraising,Readdressing&Reassigning Appraisal Reports(2/2007) SEMINAR(AI) -Al Summary Appraisal Report/Residential(4/07) COURSE(Fla..) -14-Hour Continuing Education(including 3-Hour Florida Core Law)(7/2007) SEMINAR(AI) -Real Estate Fraud:Appraisers Beware!(8/2007) SEMINAR(AI) - Florida Law for Real Estate Appraisers(11/2007) COURSE(AI) -Business Practices and Ethics—8 hours(12/2007) SEMINAR(AI) -Supervisor Trainee Roles and Rules(2/2008) SEMINAR(AI) -7 Hour National USPAP(4/2008) SEMINAR(AI) -USPAP Hypothetical Conditions&Extraordinary Assumptions(5/2008) SEMINAR(AI) -Litigation Skills for the Appraiser—7-Hour Seminar(9/2008) SEMINAR(AI) -Public Sector Appraising(2/2009) 69 Page 4 of 5 E)EDUCATIONAL BACKGROUND-(Partial List,continued) WEBINAR(AI) -Develop an Effective Marketing Plan(3/2009) SEMINAR(AI) -Inspecting the Residential"Green House"(4/2009) SEMINAR(AI) -Property Tax Assessment(5/2010) SEMINAR(AI) -Supervisor Trainee Roles and Rules(7/2010) SEMINAR(AI) -Florida Law for Real Estate Appraisers(7/2010) SEMINAR(AI) -7-Hour Introduction to Valuation for Financial Reporting—Chicago(5/2009) SEMINAR(AI) -Government Regulations&Their Effect on R.E.Appraising(8/2009) SEMINAR(AI) -R.E.Market:How We Got Here,Where We Are,Where We're Going(10/2009) SEMINAR(AI) -7 Hour National USPAP Update Course(10/1/2010) COURSE (AI) -7 Hour Introduction to Conservation Easement Valuation(12/10/2010) SEMINAR(AI) -The Real Estate Market(2/18/2011) COURSE (AI) - 16 Hours Uniform Appraisal Standards for Federal Land Acquisitions("Yellow Boob')(2/25-26/2011) WEBINAR(AI) -Real Estate Industry Perspectives on Lease Accounting(4/7/2011) COURSE (AI) - 15 Hour Appraisal Curriculum Overview(5/19-20/2011) WEBINAR(AI) -2-hour Investment Property Accounting Standards(6/8/2011) SEMINAR(AI) -3 Hour Spotlight on USPAP—Agreement for Services(7/15/2011) COURSE (AI) - 14 Hours(2-day)Advanced Excel Spreadsheet Modeling for Valuation Applications(9/22&9/23/2011) SEMINAR(AI) - Trial Components(11/4/11) SEMINAR(AI) - Lessons from the Old Economy Working in the New(1/20/2012) 7-Hour USPAP -National USPAP Update(3/9/2012) 3-Hour Fla..Law -State Law Update(3/9/2012) SEMINAR(AI) - Appraisal Review for General Appraisers(4/12/2012) SEMINAR(AI) - Land Valuation(4/20/2012) SEMINAR(AI) - The Valuation of Warehouses(6/22/2012) SEMINAR(AI) - Town Hall Meeting:2012 Appraisal Institute Forum(7/12/2012) SEMINAR(AI) - IRS Valuation(7/19/2012) SEMINAR(AI) - 7 Hour Business Practices and Ethics Course(12/7/2012) SEMINAR(AI) - Real Estate Forecast 2013(1/25/2013) COURSE(AI) - 7 Hour Advanced Marketability Studies(5/6/2013) SEMINAR(AI) - Developing a Supportable Workfile(11/15/2013) SEMINAR(AI) - Florida Appraisal Law Course(2/7/2014) SEMINAR(AI) - Liability Issues for Appraisers performing Litigation&Non-Lending Work(2/24/2014) COURSE(AI) - 7 Hour National USPAP Update Course(4/25/2014) SEMINAR(AI) - Economic Conditions(5/16/2014) SEMINAR(AI) - Fundamentals of Going Concerns(7/16/2014) SEMINAR(AI) - Litigation Assignments for Residential Appraisers(7/24/2014) SEMINAR(AI) - Economic Engines of Miami-Dade County,Florida(1/23/2015) SEMINAR(AI) - Economic Engines Driving Broward County,Florida(5/15/2015) 3-Hour Fla.Law - Florida Real Estate Broker 14-hour Continuing Education Course (incl.3 hour core law)with exam(9/2015) SEMINAR(AI) -Drone Technology&its Effect on Real Estate Valuations(11/2015) SEMINAR(AI) -Loss Prevention for Real Estate Appraisers(1/22/2016) COURSE(AI) -7-Hour National USPAP Update Course(4/22/2016) SEMINAR(AI) -3-Hour Florida Appraisal Law(4/22/2016) SEMINAR(AI) -4-Hour Appraisals in the Banking Environment(5/6/2016) SEMINAR(AI) -Appraising the Tough One:Mixed Use Properties(8/19/2016) SEMINAR(AI) -4-Hour Business Practices&Ethics(12/02/2016)5-Year Requirement WEBINAR(AI) -2-Hour Yellow Book Changes—Overview for Appraisers(1/11/2017) SEMINAR(AI) -3-Hours Economic Engines Driving Broward County in 2017(1/27/2017) COURSE(AI) -7-Hours:Introduction to Green Buildings Principles&Concepts(2/24/2017) COURSE(AI) -4 Hours:Another View of the Tough One:Sales Comparison Approach for Mixed-Use Properties(5/19/2017) SEMINAR(AI) -4 Hours:Appraising for Federal Office of Valuation Services&Yellow Book Review(8/18/2017) COURSE(BR) -14 Hours Real Estate Continuing Education,including 3-Hour Florida Real Estate Core Law(9/13/2017) COURSE(AI) - 4-Hours:2-4 Unit Small Residential Income Property Appraisals(11/3/2017) COURSE(AI) - 15 Hours"Yellow Book"Unifonn Appraisal Standards for Federal Land Acquisitions—Passed Exam(11/10/2017) SEMINAR(AI) - 3 Hours"Hot Topics and Myths in Appraiser Liability"(1/26/2018) COURSE(AI) - 7-Hour National USPAP Update Course(2/9/2018) SEMINAR(AI) - 3 Hours Florida Appraisal Law(2/9/2018) SEMINAR(AI) - 3 Hours"Parking Impact on Florida Properties"(5/4/2018) SEMINAR(AI) - 4 Hours"Technology Tips for Real Estate Appraisers"(9/21/2018) SEMINAR(AI) - 3 Hours "Airport Appraisals) (01/25/2019) SEMINAR(AI) - 4 Hours"Understanding an Investigation by a State Appraiser Regulatory Board or Agency(5/17/2019) SEMINAR(AI) - The 50%FEMA Appraisal Rule(8/23/2019) COURSE (BR) - 14 Hours Required Education(8 hrs.Specialty Education;3 hrs.Core Law,3 hrs.Business Ethics(9.3.2019) SEMINAR(AI) - Artificial Intelligence,AVMs,and Blockchain:Implications for Valuation. (1/24/2020) 70 Page 5 of 5 F)APPRAISAL TEACHING EXPERIENCE Licensed by the Florida Department of Education to Teach(Certificate No.275236). Authored and taught Residential and Commercial Real Estate Appraisal Courses for Broward County Adult Education Program. Taught Course 101 - Society of Real Estate Appraisers. Taught Course 201 - Society of Real Estate Appraisers. Taught Appraisal Seminars-Board of Realtors,ASA, SREA,and Al (Appraisal Institute). Adjunct Professor, University of Florida Division of Continuing Education: (taught Course 2, "Real Estate Principles and Practices" to prospective Florida Real Estate Brokers). G)PROFESSIONAL OFFICES HELD/AWARDS NATIONAL B.O.D.MEMBER - BOARD OF DIRECTORS of APPRAISAL INSTITUTE (2006-2008) AWARD - Appraisal Institute`NATIONAL PRESIDENTS AWARD"2008 AWARD - Appraisal Institute"LIFETIME ACHIEVEMENT AWARD"2011 For"high ethical standards,contributions to the Appraisal Institute,Community and Appraisal Profession for at least 20 years." CHAIR - REGION X -All of Florida -Appraisal Institute(2008) VICE-CHAIR - REGION X -All of Florida -Appraisal Institute(2007) THIRD DIRECTOR - REGION X -All of Florida -Appraisal Institute(2006) FINANCE OFFICER - REGION X—All of Florida—Appraisal Institute(2006) PRESIDENT - BROWARD COUNTY,SOCIETY OF REAL ESTATE APPRAISERS PRESIDENT - BROWARD COUNTY,AMERICAN SOCIETY OF APPRAISERS CHAIR - FLA.STATE GOVERNMENT RELATIONS SUBCOMMITTEE OF Al CHAIR - FLA.STATE LEGISLATION®ULATION SUBCOMMITTEE OF Al G)PROFESSIONAL OFFICES HELD/AWARDS CHAIR - FLORIDA REALTORS COMMITTEE ON COMMITTEE REFORMS CHAIR - EDUCATION COMMITTEE,FT.LAUDERDALE CHAPTER Al CHAIR - CANDIDATES GUIDANCE COMMITTEE,FT.LAUDERDALE CHAPTER Al CHAIR - NATIONAL Valuation for Financial Reporting PROJECT TEAM OF Al VICE CHAIR&MEMBER - NATIONAL GOVERNMENT RELATIONS COMMITTEE OF Al(15 Years) MEMBER - NATIONAL LONG RANGE PLANNING COMMITTEE OF Al MEMBER - NATIONAL PUBLIC AFFAIRS COMMITTEE OF Al DIRECTOR - REGION X(Florida)Appraisal Institute MEMBER - REGION X(FLORIDA)ETHICS AND COUNSELING PANEL DIRECTOR - BROWARD COUNTY,FLORIDA SOCIETY OF REAL ESTATE APPRAISERS DIRECTOR - SOUTH FLORIDA CHAPTER AMERICAN SOCIETY OF APPRAISERS MEMBER - NATIONAL EXPERIENCE REVIEW PANEL MEMBER OF Al SPECIAL MASTER - BROWARD COUNTY BOARD OF TAX ADJUSTMENT COMMISSIONER - 17TH JUDICIAL CIRCUIT COURT,Broward County,FL MEMBER - 2013 APPRAISAL INSTITUTE NATIONAL BUSVAL PROJECT TEAM H)PROFESSIONAL PUBLICATIONS&PRESENTATIONS Wrote and taught a basic Residential Appraisal Course for the Broward County Adult Education Div.of the Dept.of Education; Wrote and taught an Income Appraisal Course for the Broward County Adult Education Division of the Department of Education; Co-authored and taught an appraisal course on Mortgage-Equity Capitalization for the American Society of Appraisers. Authored and taught a Florida State and Appraisal Institute 3-hour accredited course in"The Legislation,Regulation and Appraisal of Real Property Rights in Florida September 7,1996. Presentation on"Gramm-Leach-Bliley"Federal Privacy Act of 1999 for South Florida Chapter of American Society of Appraisers on October 24,2001. Presented 3-hour Florida CEU-credit seminar on"Appraisers and the Gramm-Leach-Bliley Act"before the South Florida Chapter of the Appraisal Institute on July 27,2002. Presenter at 6.5 Hour CLE-credit Attorney Seminar on Florida Eminent Domain,"Valuation and Damage Issues" February 2,2006, Fort Lauderdale,Florida P CIVIC INVOLVEMENT MEMBER OF ROTARY INTERNATIONAL/PAUL HARRIS FELLOW MEMBER OF THE GREATER FORT LAUDERDALE OPERA GUILD MEMBER FLORIDA PHILHARMONIC BROWARD TRUSTEES MEMBER OF THE BROWARD COUNTY LIBRARY SUPPORT GROUP("BYBLOS") MEMBER CIRCLE OF FRIENDS—NOVA SOUTHEASTERN LIBRARY FOUNDATION MEMBER NOVA SOUTHEASTERN UNIVERSITY ALUMNI ASSOCIATION MEMBER OF THE FORT LAUDERDALE HISTORICAL SOCIETY MEMBER OF THE BROWARD COUNTY MUSEUM OF THE ARTS MEMBER OF THE FORT LAUDERDALE/BROWARD COUNTY CHAMBER OF COMMERCE MEMBER OF THE BETTER BUSINESS BUREAU OF SOUTH FLORIDA LIFETIME HONORARY MEMBER FLORIDA SHERIFF'S ASSOCIATION MEMBER NATIONAL&FT.LAUDERDALE COUNCILS U.S.NAVY LEAGUE U.S.ARMY VETERAN WWII(RA 1721268 1)-HONORABLE DISCHARGE 1949 71 I of Vance Beal Estate Service ir 01% Claudia Vance, MAI Appraiser - Real Estate Analyst Reviewer Vance Real Estate Service - 7481 NW 4 Street Plantation - FL - 33317 Office: 954.583.2116 Cell: 954.647.7148 Email:vanceval(a,att.net Web Site:www.vancerealestateservice.com Vance Real Estate Service is a Veteran-Owned Small Business (VOSB) and Florida Certified SDVBE Minority Business Enterprise specializing in personalized real estate valuation services in Florida for over 35 years. Designated appraisers perform the appraisal work,no trainees. Our appraisals are used for financial/mortgage loan purposes from large mixed use complexes to small owner-occupied properties. We have the qualifications for appraisals submitted to SBA. Jesse B.Vance,Jr.,MAI, SRA,ASA and Claudia Vance,MAI are qualified as expert witnesses for eminent domain,deficiency judgments,marriage dissolution,and estates. Our firm values most types of real property interests,timely,professionally,and at competitive costs. PROFESSIONAL QUALIFICATIONS A)PROFESSIONAL DESIGNATIONS/LICENSES MAI Designation-APPRAISAL INSTITUTE No.9451 State-Certified General Real Estate Appraiser No.RZ-173 Florida State Licensed Real Estate Broker No.BK 0161305 VOSB Veteran-Owned Small Business(CCR/Duns 826494957) B)WORK HISTORY 1983-Current Vice President-Vance Real Estate Service 1981-1983 President-The Appraisal Company,Fort Lauderdale,Florida C)QUALIFIED AS AN EXPERT WITNESS IN REAL ESTATE VALUATION U.S.Bankruptcy Court,Southern District of Florida Florida Circuit Court:Broward County D)PROFESSIONAL DEVELOPMENT PROGRAM REGISTRIES Valuation of Sustainable Buildings: Cormnercial Valuation of Sustainable Buildings: Residential E)EXPERIENCE:35+years appraising and analyzing real property interests in South Florida. F)APPRAISER SPECIAL MAGISTRATE FOR THE BROWARD CO VALUE ADJUSTMENT BOARD 2002-2010 Partial list of real property types valued: High value residences,Condominiums/Co-operatives,Office,Industrial,Multi-family,Restaurants/bars,Auto dealerships,City Centers, Hotels/motels, Houses of worship, Schools, Child care centers, Self-storage, Funeral home, Animal Hospital, Mixed use,Nursing homes,Gas sales stations,Marinas, Mobile home parks, Shopping centers, Country clubs/golf courses,Financial institutions,Bowling centers,Vacant land, Agricultural properties,Environmentally sensitive land Tvpes of Reports: Market Value, Eminent Domain, Marketability, Feasibility, Highest and Best Use, Investment Analyses, Partial Interests, Easement Valuations,Estate planning,Marriage dissolution,Land use studies,Damage/Contamination studies 72 2 of G)PARTIAL LIST OF CLIENTS— PRIVATE: Individuals,Corporations,Attorneys,Accountants,Habitat for Humanity,Seminole Tribe of Florida COMMERCIAL BANKS: Wells Fargo; BankAtlantic; SunTrust Citigroup; Space Coast Credit Union; State Farm Bank; Florida Shores Bank;American National Bank;Landmark Bank;City National Bank;Englewood Bank&Trust SAVINGS & LOANS, INSURANCE COMPANIES, REAL ESTATE INVESTMENT TRUSTS, & REAL ESTATE TRANSFER COMPANIES,TITLE INSURANCE COMPANIES FLORIDA CITIES: Fort Lauderdale, Plantation, Cooper City, Deerfield Beach, Tamarac, Oakland Park, Wilton Manors, Davie,Hollywood,Pembroke Pines,Hallandale Beach,Lauderhill, Southwest Ranches,Miramar,Boca Raton,Boynton Beach, West Palm Beach,Delray Beach FLORIDA COUNTIES and AGENCIES: Broward,Palm Beach,Broward County Board of County Commissioners,School Board of Broward County,Broward County Housing Authority STATE OF FLORIDA Department of Transportation(FDOT),Department of Environmental Protection U.S.Department of Veterans Affairs,U.S.Department of Treasury(IRS),U.S Marshall's Service,U.S.Attorney Hl EDUCATIONAL BACKGROUND Academic: Bachelor of Arts Degree—University of New Orleans,New Orleans,LA—Major: English Professional: Symposium (SREA)- Market Analysis,1983,Philadelphia Symposium (SREA)- Market Analysis,1984,Atlanta Symposium (SREA)- Market Analysis,1985,Vancouver Symposium (SREA)- Market Analysis,1986,Atlantic City Symposium (SREA)- Market Analysis,1988,Los Angeles SEMINAR(AI) -Cost Approach(1992/Boston) SEMINAR(AI) -Rates&Ratios(1992/Boston) SEMINAR(AI) -International Appraising(1992/Boston) SEMINAR(AI) -Litigation Valuation/Mock Trial(1993) SEMINAR(AI) -ADA ACT(1993/Reno) SEMINAR(AI) -Hotel Valuation(1993) SEMINAR(AI) -Income Capitalization,Methods(1993) SEMINAR(AI) -Powerhnes/Electromagnetic Radiation(1994) SEMINAR(AI) -Verifying Market Data(1994) SEMINAR(AI) -Market Studies for Appraisals(1994) SEMINAR(AI) -Florida Appraiser Core Law(USPAP/1994) SEMINAR(AI) -Limited Appraisals&Reports(USPAP/1994) SEMINAR(AI) -Public Safety&Property Values(1995) SEMINAR(AI) -Outparcel Valuation(1995) SEMINAR(AI) -Computer Technology Video Conference(1995) SEMINAR(AI) -The Internet&the Appraiser(1996) SEMINAR(AI) -Florida Commercial Construction(1996) SEMINAR(AI) -1996 Data Exchange(1996) SEMINAR(AI) -Real Property Rights in Florida(1996) COURSE (AI) -USPAP&Florida Real Estate Core Law(1996) SEMINAR(AI) -Valuation of Trees(1997) SEMINAR(AI) -Valuation of Transferable Development Rights[TDR's](1997) COURSE (AI) -Standards of Professional Practice,Part C,15 hour Course#430(1997) SEMINAR(AI) -Non-Conforming Uses(1998) SEMINAR(AI) -The Impact of Contamination on Real Estate Value(1998) COURSE (AI) -USPAP&Florida Real Estate Core Law(1998) SEMINAR(AI) -Econometrics/Statistical Valuation Methods(1999) SEMINAR(AI) -Globalization of Real Estate/What U.S.Appraisers Need to Know(1999) SEMINAR(AI) -The Role of the Appraiser in Alternative Dispute Resolution(Mediation/Arbitration)(1999) SEMINAR(AI) -Technology Forum Part II/Intermediate(1999) SEMINAR(AI) -Client Satisfaction/Retention/Development(1999) SEMINAR(AI) -Attacking and Defending an Appraisal(1999) SEMINAR(AI) -Federal Appraisal Requirements(2000) SEMINAR(AI) -Regression Analysis in Appraisal Practice:Concepts&Applications(2000) 3 of4 H)EDUCATIONAL BACKGROUND(Continued) SEMINAR(AI) -Analyzing Income Producing Properties(2000) COURSE (AI) -USPAP&Florida Real Estate Core Law(2000) SEMINAR(AI) -Mediation&Alternate Dispute Resolution Seminar(200 1) SEMINAR(AI) -State of the Appraisal Profession(2001) SEMINAR(AI) -Ad Valorem Assessment Process in Florida(2002) SEMINAR(AI) -Role of Real Estate Appraisers in Bankruptcy Proceedings(2002) SEMINAR(AI) -Appraisers&the Gramm-Leach-Bliley Federal Privacy Act(2002) SEMINAR(AI) -How to Appraise the Ugly House(2002) COURSE(AI) -2-Day Course#430,Standards of Professional Practice,Part C(2002) SEMINAR(AI) -Market Trends for 2003(2003) SEMINAR(AI) -Update on Code of Professional Ethics(2003) PANEL(AI) -Moderator"Industry,Consumer&Congressional Views on Predatory Lending"D.C.(2003) SEMINAR(AI) -Florida State Law for Real Estate Appraisers(2003) SEMINAR(AI) -Appraisal Agreements(2003) SEMINAR(AI) -Analyzing Distressed Real Estate(2004) SEMINAR(AI) -Valuation for Financial Reporting Purposes(2004) SEMINAR(AI) -National USPAP Course(2004) SEMINAR(AI) -Inverse Condemnation(2004) SEMINAR(AI) -Loss Prevention(2005) SEMINAR(AI) -Single Family Fraud Awareness(2005) SEMINAR(AI) -Guide to the new URAR form(2005) SEMINAR(AI) -Technologies for Real Estate Appraisers(2006) SEMINAR(AI) -The Appraiser's Role in New Urbanism(2006) SEMINAR(AI) -National USPAP Update(2006) SEMINAR(AI) -Florida State Law for Real Estate Appraisers(2006) SEMINAR(AI) -Scope of Work and the New USPAP Requirements(2006) SEMINAR(AI) -Energy Star and the Appraisal Process(2006) SEMINAR(AI) -Reappraising,Readdressing,and Reassigning Appraisals(2007) SEMINAR(AI) -Real Estate Fraud(2007) SEMINAR(AI) -Forecasting Revenue(2007) SEMINAR(AI) -Florida Law for Real Estate Appraisers(2007) COURSE(AI) -Business Practice and Ethics#420(2007) SEMINAR(AI) -Supervisor—Trainee Roles and Rules(2008) COURSE(AI) -7 Hour National USPAP Update#400(2008) SEMINAR(AI) -Hypothetical Conditions and Assumptions(2008) SEMINAR(AI) -Real Estate Economy(2008) SEMINAR(AI) -Public Sector Appraising(2009) SEMINAR(AI) -Inspecting the residential"green"house(2009) WEBINAR(AI) -Value for Financial Reporting(2009) SEMINAR(AI) -The Real Estate Market in 2009 SEMINAR(AI) -New Government Regulations(2009) SEMINAR(AI) -Property Tax Assessment(2010) SEMINAR(AI) -7 Hour National USPAP(2010) SEMINAR(AI) -Florida Law for Real Estate Appraisers(2010) SEMINAR(AI) -Supervisor/Trainee Roles and Rules(2010) SEMINAR(AI) -The Real Estate Market(2011) SEMINAR(AI) -Uniform Appraisal Standards for Federal Land Acquisitions-"Yellow Boob'(2011) COURSE(AI) -15 Hour Appraisal Curriculum Overview(2011) SEMINAR(AI) -Spotlight on USPAP—Agreement for Services(2011) SEMINAR(AI) -Trial Components(2011) SEMINAR(AI) -Lessons from the Old Economy Working in the New(2012) SEMINAR(AI) -Appraisal Review for General Appraisals(2012) COURSE(AI) -National USPAP Update(2012) SEMINAR(AI) -Florida Law(2012) SEMINAR(AI) -Land Valuation(2012) SEMINAR(AI) -Valuation of Warehouses(2012) SEMINAR(AI) -IRS Valuation(2012) SEMINAR(AI) -Business Practices and Ethics(2012) SEMINAR(AI) -Real Estate Forecast(2013) SEMINAR(AI) -Advanced Marketability Studies(2013) SEMINAR(AI) -Developing a Supportable Workfile(2013) 74 4 of H)EDUCATIONAL BACKGROUND(Continued) SEMINAR(Al) -Florida Appraisal Law(2014) SEMINAR(Al) -Liability Issues for Appraisers performing Litigation&Non-Lending Work(2014) COURSE(Al) -7 Hour National USPAP Update Course(2014) SEMINAR(Al) -Florida Law(2014) SEMINAR(Al) -New Real Estate Economy(2014) SEMINAR(Al) -Economic Engines of Miami-Date County(2015) SEMINAR(Al) -Economic Engines of Broward County(2015) SEMINAR(Al) -Tightening the Appraisal(2015) SEMINAR(Al) -Evaluating Commercial Construction(2015) SEMINAR(Al) -Drone Technology(2015) SEMINAR(Al) -Loss Prevention for Appraisers(2016) COURSE(Al) -7 Hour National USPAP Update(2016) SEMINAR(Al) -Florida Law(2016) SEMINAR(Al) -Redefining the Appraisal&Its Role in an Evolving Banking Environment(2016) SEMINAR(Al) -The Tough One,Mixed use properties(2016) SEMINAR(Al) -Business Practices&Ethics(2016) SEMINAR(Al) -Economic Engines Driving Broward County(2017) SEMINAR(Al) -Introduction to Green Buildings&passed exam(2017) SEMINAR(Al) -Another View of the Tough Ones(2017) SEMINAR(Al) -Appraising for the Office of Valuation Services,Department of the Interior(2017) SEMINAR(Al) -Case Studies in Appraising Green Residential Buildings&passed exam(2017) SEMINAR(Al) -Uniform Appraisal Standards for Federal Land Acquisitions&passed exam(2017) SEMINAR(Al) -Hot Topics&Myths in Appraiser Liability(2018) COURSE(Al) -7 Hour National USPAP Update(2018) SEMINAR(Al) -Florida Law(2018) SEMINAR(Al) -Parking&Its Impact on Florida Properties(2018) SEMINAR(Al) -What's New in Residential Construction(2018) SEMINAR(Al) -Valuation Resources for Solar Photovoltaic Systems(2018) SEMINAR(Al) -Technology Tips for Real Estate Appraisers(2018) SEMINAR(Al) -Residential&Comnnercial Valuation of Solar&passed exam(2018) SEMINAR(Al) -Airport Appraisals(2019) SEMINAR(Al) -Practical Applications in Appraising Green Commercial Properties&passed exam(2019) D PROFESSIONAL INVOLVEMENT Region X Representative of the Appraisal Institute 2006—2009 President of the South Florida Chapter of the Appraisal Institute-2003 First Vice-President of the South Florida Chapter of the Appraisal Institute-2002 Second Vice-President of the South Florida Chapter of the Appraisal Institute-2001 Secretary of the South Florida Chapter of the Appraisal Institute-2000 Treasurer of the South Florida Chapter of the Appraisal Institute-1999 Chair of the Education Committee of the S.Florida Chapter of the Appraisal Institute-1995,1996,1997,1998,2007-2018 Director of the South Florida Chapter of the Appraisal Institute 1996-1998 Member of Region X(Florida)Ethics and Counseling Panel—Al Graduate of the Florida REALTORS Institute(GRI) J) CIVIC INVOLVEMENT Member of the Navy League of the United States—Fort Lauderdale Council Lifetime Honorary Member-Florida Sheriff s Association Member of Zeta Tau Alpha Alumnae Fraternity 75 PAPA Barmer Location Address 115 NE 4TH AVE "+`Tualclalltw BOYNTON BEACH Parcel Control Nunber 08-43-45-21-29-003-0052 SuNfivision SHEPARD ADD TO TOWN OF BOYNTON IN Official Records Boob 25924 Page 1862 Sala:bate APR-2013 Leal Description SHEPARD ADD E 50 FT OF S 100 FT OF LT 5 BLK 3 -- Mailing address Owners 115 NE 4TH AVE BROWN MCINTOSH VALRIE BOYNTON BEACH FL 33435 3865 Date Price OR BooldPage Sale TyI Owner r APR-2013 $64,500 25924/01862 WARRANTY BROWN MCINTOSH VALRIE 2012 $10 25393/00629 WARRANTY LARANN LLC JUN-2012 $0 25471/01674 WARRANTY LARANN LLC DEC-2009 $40,400 23618/00116 CERT OF TITLE LAMAR REALTY CORPORATION JAN-1986 $38,500 04780/00482 WARRANTY PEREZ CARLOS A& 12 Exc bora Applin;ant/0,o aer Ye ar Detail BROWN MCINTOSH VALRIE 2021 ,Total ScItiare Nuusr of Units 1 Feet 1134 Acres 0.1148 Use Code 0100- SINGLE ; main ;R2-R2 DUPLEX, 10 DU/AC(08- FAMILY BOYNTON BEACH) Tax Year 2020 2019 2018 Improvement Value $89,351 $90,610 $76,316, Land Value $30,000 $20,000 $20,117'' Total Market Value $119,351 $110,610 $96,433 All values are as of January 1st each year 'T'ax Year 2020 2019 2018 Assessa d Vahan $48,537 $47,446 $46,561 E xemption Amount $25,000 $25,000 $25,000 'T'axable Vahan $23,537 $22,446 $21,561' Tax Year 2020 2019 2018 Ad Valorem $504 $485 $454 Nora Ad Valorem $293 $295 $295 'T'otal tax $797 $780 $749'' �t � t a„ t i t i � t fi�11t {k, s e I t4 f. 4' s, ,. z.• ,., ,�; , �, ,,,;fns s --- z„`�� it, 7 s l ” f 1 I, B E AC H C R A COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: June 8, 2021 NEW BUSINESS AGENDAITEM: 16.13. SUBJECT: Discussion and Consideration of a Letter of Intent from the Barber Family Companies LLC for CRA-Owned Property Located at 211 E. Ocean Avenue SUMMARY: On Wednesday, May 26, 2021, the CRA received a Letter of of Intent (LOI) from The Barber Family Companies LLC, to engage in discussions for the acquisition and redevelopment of the CRA owned property located at 211 E. Ocean Avenue (see Attachments I & 11). The intended use for the property being proposed would be redevelopment into a restaurant use with interior seating only, no cooking or food preparation conducted inside the existing residential structure and a new patio deck on the east side of the property to accommodate 200 guests. In addition, the LOI proposes the use of six (6) repurposed shipping containers to act as the required restrooms and kitchen. The LOI proposes that the CRA grant the property to The Barber Family Companies LLC, with resale restrictions in favor of the CRA. When a LOI is received, the CRA Board has several options as described below: 1. The Board may entertain the LOI and issue a 30 day Public Notice to Dispose of the property during which time any other member of the development public may also submit a LOI for their consideration. Under this option, if the Board does not receive a more favorable LOI, it could decide enter into discussions and negotiations with current proposer for the purposes of developing the property as described in the LO 1. 2. The Board may decide not to entertain the LOI and instead decide to issue a formal Request for Proposal (RFP) to describe more specifically desired development outcomes and solicit proposals from a wider range of potential developers. If that was the direction of the Board, the current proposer would be able to submit a response to the RFP. 3. The Board may elect to reject the LOI and do nothing further regarding disposal of the property. As submitted, the LOI lacks certain financial information, project design and construction details and a review of the proposed use by the Planning & Development Department of the City of Boynton Beach that would need to be provided should the CRA Board decide to entertain further discussion with The Barber Family Companies LLC. FISCAL IMPACT: To be determined. CRA PLAN/PROJECT/PROGRAM: 2016 CRA Community Redevelopment Plan CRA BOARD OPTIONS: When a LOI is received, the CRA Board has several options as described below: 1. The Board may entertain the LOI and issue a 30 day Public Notice to Dispose of the property during which time any other member of the development public may also submit a LOI for their consideration. Under this option, if the Board does not receive a more favorable LOI, it could decide to enter into discussions and negotiations with The Barber Family Companies LLC for purposes of developing the property as described in the LOI. 2. The Board may decide not to entertain the LOI and instead decide to issue a formal Request for Proposal (RFP) to describe more specifically desired development outcomes and solicit proposals from a wider range of potential developers. If that was the direction of the Board, the Barber Family Companies LLC would be able to submit a response to the RFP. 3. The Board may elect to reject the LOI and do nothing further regarding disposal of the property. ATTACHMENTS: Description D Attachment I -Aerial Map of 211 E. Ocean Avenue D Attachment II - Letter of Interest, The Barber Family Co, LLC } t 17'"ot,, Jit 1+ spy' P "Ag� C�� t } 4 er t iii a t�� � til , +, ,_J t}f�,' I��JJ 11)r, t,{y �i k` iS s;� ill" ��, i� r }}s{} �I n G� ih �` ��, Z ) 4 � l sJ�l i..(i17�'' ��� i1�\ ������ ,+I 1,4�#: ii:= -.tt i���t, i, SS }�I ,.; '�1` F l- 't -e' ON �,.,; 1}1 Init,J\ � l=)j� ,1�t, 4s��•�;, � „;i�,lust,_ iSi,t1,�}�,� i;t�t� tt 4d e ve�� 1lW �l����"fiUt a t t i �l�}1�. � ;i 's ,�,�t ', �{91�`•;1{i,rti�������it�i 't�j i Ai a 7 t,tt is p }1»)ht,��is{S 1lS� �;���� �,i t i�ki�VAtvS��.' ( �AvA',.r� i�tcmhit i Gia! x r„��J4� 1ifi� ��. t�� ��, �. •, i i 2 v _ r s. i 71J °y ck`ori 1:576 08434528030040130 ° 00035 I0.007 . . 0.014 mi :E fRa'r-AE4e"F'� 0 0.005 0.01 0.02 km 1 created b :PBC Pro ert A raiser August 6 2015 Family TROTS The Barber LLC 1920 S Federal Hwy Boynton Beach FL 33435 561-777-4934 www.BBQTroys.com May 27, 2021 Michael Simon Executive Director Boynton Beach Community Redevelopment Agency 100 E Ocean Ave 4th Floor, Boynton Beach, FL 33435 Re: Notice of Intent to engage in discussions for historic property 211 E Ocean Ave Dear Mr. Simon The purpose of this letter is to notify the intent of The Barber Family Co LLC as well as The Davis Family Co LLC in acquiring the property at 211 E Ocean Ave Boynton Beach FL 33435. Our companies would like to work with the city as well as the CRA to develop this property into what can be a staple of the downtown district. We intend to develop the property and make the interior of the historic site seating only. No cooking or food prep will be done inside of the historic home to preserve its historic nature and charm. In addition we look to with the permission of the CRA and the historic preservation board develop an east facing patio deck area with seating and an outdoor bar area. To accommodate the need for restrooms as well as the kitchen we propose modifying four to six shipping containers and repurposing them to be restrooms as well as a fully functional kitchen with the capacity to service up to 200 guests at one time. With either a grant from the CRA or in lieu of the grant a land deed agreement with restrictions to only resale to the CRA we feel we can complete this project within 12-18 months from the first date structural repairs would begin. We look forward to scheduling a meeting with you to discuss the next steps. Sincerely, Anthony Barber Troy's BBQ The Barber Family Co LLC The Davis Family Co LLC 1 I, B E AC H C R A COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: June 8, 2021 NEW BUSINESS AGENDAITEM: 16.C. SUBJECT: Consideration of Award and Contract for Responses to the Invitation to Bid to Perform Landscape Maintenance Services on Properties Owned by the CRA SUMMARY: The Boynton Beach CRA currently maintains approximately 39 properties which are grouped into two categories as outlined below: Category One - Five improved properties (Attachment I - Maps of Improved Properties) • Boynton Harbor Marina • 211 E. Ocean Avenue • Public Parking Lot— 115 N. Federal Highway • Two Public Parking Lots— N E 4th Street& N E 1St Avenue • 401-411 E. Boynton Beach Blvd. Category Two - 34 vacant lots (Attachment I I - Maps of Vacant Lots) • Large Development Vacant Lots (aka Cottage District- 18 various sized vacant lots) • E. Martin Luther King, Jr. Properties (Six various sized vacant lots) • NE 9th Avenue (Five various sized vacant lots) • Five miscellaneous various sized vacant lots The properties listed above are currently maintained by Vincent and Sons Landscaping Inc. On June 12, 2018, the CRA Board awarded Vincent and Sons Landscaping Inc. a two year contract with a one year renewal. Vincent and Sons Landscaping Inc.'s contract will expire on June 30, 2021. Due to the expiration of the current landscape maintenance service contract, an Invitation to Bid (ITB) was issued for CRA-owned properties for a four year contract with three one year options to renew. In accordance with the CRA Procurement Policy, the ITB was advertised on March 29, 2021 with a deadline of April 26, 2021 (Attachments III, IV and V). To support the City's wealth-building initiatives and encourage smaller businesses to apply, the properties were left in two categories and local business preference language was incorporated into the ITB. Additionally, the ITB allows for the list of properties above to be modified to accommodate the CRA's land acquisition and disposition activities through the duration of the contract. Three responses were submitted by the following bidders in the respective categories. Their bid responses are attached as Attachment V1: ;Bidders - Category One :Category Two; I mproved Properties; Vacant Lots .._______n_______n_______________n_______n_______n_______n____.r.__n_______n_______________n.,..______n_______n___:� :Batallan Enterprises, Inc. d/b/a Propertyworks x x !------------------------------------------------------------r---------------------------- __________________- Fresh Start Maintenance, Inc. x x ;!------------------------------------------------------------r___________________________. _________________ Vincent and Sons Landscaping Inc. x x W____________________________________________________________ _______________________________________________, CRA staff has reviewed the three responses for compliance with the requirements of the ITB. A summary of the bid tabulation is provided as Attachment VII with the bid amounts for each category. The bid evaluation resulted in the following: • Vincent and Sons Landscaping, Inc. is the lowest responsive and responsible bidder for Category One (Improved Properties) and Category Two (Vacant Lots)with a total annual cost of $38,877.00 Attached is a draft contract prepared by CRA staff and legal counsel that was included in the ITB (Attachment VIII). The basic terms for the contract are as follows: • Four year contract with three one year options to renew; • Category One (Improved Properties)Annual Cost of$22,293.00 ($1,857.75/month); • Category Two (Vacant Lots)Annual Cost of $16,584.00 ($1,382.00/month); • Ability to add and delete properties to the scope of work to accommodate future CRA property acquisition/disposition activities (with a maximum $10,000 cap on individual Change Orders unless approved by the Board, Paragraph 3.1, Page 2); and, • 30-day termination via written notice To avoid gaps in the property maintenance during the wet season, if, for any reason, the awarded bidder fails to execute the contract, CRA staff is requesting the bid be awarded to the next lowest responsive and responsible bidder. The only changes to the contract is the company's information and contract amount. All other terms and performance standards will remain the same as indicated in Attachment VI 11. An additional motion is required for CRA staff and legal counsel to bring back a contract with the next lowest responsive and responsible bidder to the Board for approval. FISCAL IMPACT: FY 2020-2021 Budget, General Fund, Line Item 02-51620-209, $6,955.25 (Category One = $1002 per month - July, August & September = $3,006 & $2,567.25 for last quarter annual maintenance.) (Category Two = $1,382 per month -July,August& September= $4,146) FY 2021-2022 Budget, General Fund, Line Item 02-51620-209, $38,877.00 (Category One $22,293 + Category Two $16,584)- if no properties are added and/or deleted FY 2022-2023 Budget, General Fund, Line Item 02-51620-209, $38,877.00 (Category One $22,293 + Category Two $16,584)- if no properties are added and/or deleted FY 2023-2024 Budget, General Fund, Line Item 02-51620-209, $38,877.00 (Category One $22,293 + Category Two $16,584)- if no properties are added and/or deleted CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Motion for contract award: 1. Award the contract to the lowest responsive and responsible bidder, Vincent and Sons Landscaping Inc. in the annual amount of $38,877 and authorize the CRA Chair to execute the contract once it has been executed by the Contractor. 2. Do not award the contract to Vincent and Sons Landscaping Inc. and provide direction to CRA Staff. Additional Motion: 1. Approve CRA Staff to award a contract to the next lowest responsive and responsible bidder(s) if, for any reason, the awarded bidder fails to execute the contract. CRA Staff and legal counsel will prepare a contract and bringing it back before the CRA Board for approval. 2. Do not approve CRA Staff to award a contract to the next lowest responsive and responsible bidder if, for any reason, the awarded bidder fails to execute the contract. Direct CRA Staff to bring back the item to the CRA Board for further discussion, award, and approval. ATTACHMENTS: Description D Attachment I - Improved Property Maps D Attachment II -Vacant Lot Maps D Attachment III - Invitation to Bid D Attachment IV - Mandatory Pre Bid Meeting Sign in Sheet& Site Visits D Attachment V -Addendum No. 1 D Attachment VI - Responses to ITB D Attachment VII - ITB Sufficiency Checklist D Attachment VIII - Draft Contract I I Iox", 1, t W, S� `' G 99 ti 4 i`�l�t I 1 1 fill m 4# s ! 4 t I N f t rt �1 0 ca �t III�(`�r1 k 1jS � @SSS^\ S\ I ' m MW •Y f a .E g' �}}1 s',�c€ " }, ( �S�jt'�l Yt,4,} r ,11 r I 5t 14, 1 4 4 s rf.1. � 41,4a tti 4 y r 44j1� 4 ��,1 01467267-1 24 _ E Sttf 14 k 4 1(m1t .11s1 t�r724 ,t Ili � is y '���is��trur (�i}�} Immunn, DIFFkol )11s1)v �l»)t ss}ss s 17ti tri\1��}' I �rt),r s il'���4t ! r�tit 1'i,,4ll,t,d � ���» �rr<,Ya W ui LU r� D tL ui t - s 74) t '- t�;, } �t,tl,, i`. < t ,t1���'� is ' s is ,:�� r•€ ),,Sl t t...rg S>t r SsS t{ r: I 7 r'`t { » „ „ t ys r r 1 ,,,., s,r>7 s csS..,, tt tf Y � ( S _S �- Ohl t ,,,, ,, t_ S _ r , t ., r,,,t� ,4 t _t, s i t t.r � �t hS ,i ., t s u .si fa t r! ) k 4! t 4 r t S,,}, 74 1 1 l � ;S_ 2. ), s,) tt its„ rrt rr(. .! { \1 ..t1 i ,I s,i ! s \� { { i \ l �� � t S., ) ,\ „t s } .� r$ 141 2,r z,2 £,! ti)r r \. ., , 1i s„ , !} °\ 5 1,t ,tt11 . ti 14 S ii{r s,r,}._i \v 7t \1., r }�) ).� tl � .{{t. t., tli, t..#,{1 } --� fi .i �,.. � ,��1}}.. �� ,4 �.� r�t st��i,�}� — �� 01467267-1 25 v {s,�,�l�}!1 ttl E1��1(( ;�ttt��1 1Alh Et,�tt� tti a\7�11�1��, E 7, { �„ =:lie, t•E �%. � _-- l y, c 1 1, — �, �:� 1- � �[: ��� .��jr�tt�t��>,e��l�� �, .A Jg.l � ';'o- 4�,>`•ri�. ;'ris�i'.- ( i`: (,,� 1A,1?�„„ I it t i� { ➢+{I�iI ,t� i�;l; d� �.M1if E�IIC S, K �k l llt\tiS' t b�E 1 t t 1 yt In lits.. 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(EST) REQUEST FOR INFORMATION DEADLINE: April 26, 2021, 5:00 P.M. (EST) SUBMISSION DEADLINE: May 13, 2021, 2:00 P.M. (EST) 01467267-1 � z BOYN RA MMUNMY REr +fro `iELOPMEW AGENCY PUBLIC NOTICE INVITATION to BID (ITB) TO PERFORM LANDSCAPE MAINTENANCE SERVICES ON PROPERTIES OWNED BY THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY The Boynton Beach Community Redevelopment Agency (BBCRA) is issuing this Invitation to Bid (ITB) for Landscape Maintenance Services (Project). BBCRA will accept sealed bids at its office located at 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 ON OR BEFORE May 13, 2021, no later than 2:00 P.M. (EST), as determined by the time stamp or clock at the BBCRA's reception area as set up on the 1St Floor Lobby, at which time they will be opened. Responses to this ITB (bids) received after the time and date specified will not be accepted for consideration. All bids will be date and time stamped by the BBCRA. Faxed or emailed bids will not be accepted. All requests for information are required to be submitted in writing to Ms. Thuy Shutt, Assistant Director, by email at ShuttI&!2bfl.us no later than April 26, 2021 at 5.00 P.M. (EST). Copies of the complete bid documents may be obtained from the BBCRA office or website, www.boyntonbeachcra.com. For the purposed of this ITB, the term "Contractor" means a successful bidder that ultimately enters an agreement or otherwise contracts with the BBCRA. MANDATORY PRE-BID CONFERENCE- A mandatory pre-bid conference has been scheduled for April 12, 2021 at 10.00 A.M. (EST) at City Hall/Library, 100 E. Ocean Avenue, 1St Floor Lobby, Boynton Beach, FL 33435, and will continue to specific sites starting at 10.30 A.M. (EST). A bidder's failure to sign in within fifteen (15) minutes of the 10.00 A.M. (EST) conference start time or at the specific sites thereafter will disqualify the bidder's bid. All interested bidders are required to attend and be prepared to ask questions. 01467267-1 2 F d tk t kr� " B E AC H R A COMMUNITY REDEVEI-OPMENT AGENCY INVITATION TO BID BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY 1. Introduction. Created pursuant to Chapter 163, Florida Statutes, the BBCRA serves the community by guiding redevelopment activities pursuant to its Community Redevelopment Plan through programs that assist with the creation and revitalization of neighborhoods and commercial areas within the BBCRA's boundaries. The BBCRA Area includes approximately 1,650 acres along the eastern edge of the City of Boynton Beach. The BBCRA has acquired properties for the purposed of redevelopment. These properties are in various forms and stages of redevelopment ranging from vacant land to commercial sites. It is the responsibility and obligation of the BBCRA to maintain its properties. While these properties differ with regard to the stages of redevelopment, it is expected that the Bidder(s) selected will provide high quality landscape maintenance services to the BBCRA regardless of the location or stage of redevelopment of the property. 2. Mandatory Pre-Bid Conference; Registration. a. Pre-Bid Conference. A mandatory pre-bid conference has been scheduled for April 12, 2021 at 10.00 A.M. (EST) at City Hall/Library, 100 E. Ocean Avenue, 1St Floor Lobby, Boynton Beach, FL 33435 and will continue to specific sites starting at 10.30 A.M. (EST). All interested bidders are required to attend and be prepared to ask questions. A bidder's failure to attend the Pre-Bid Conference will disqualify that bidder's bid. A bidder's failure to sign in within fifteen (15) minutes of the 10.00 A.M. (EST) conference start time or at the specific sites thereafter will disqualify the bidder's bid. b. Registration. At the mandatory pre-bid conference, all interested parties must register their name, email address, mailing address, and telephone number. Any information concerning any changes, additions, addenda, clarifications, notices, or other topics related to this ITB will be sent to registered bidders using the registration information provided. 3. General Project Information. The BBCRA is accepting sealed bids to select and contract with qualified, responsible, responsive individual(s) or entity(ies)to provide landscape maintenance services on one or more BBCRA owned properties. These Landscape Maintenance Services are also referred to in this ITB as the "Project." The agreement for the Project is anticipated to be a four-year agreement with three additional one-year renewal. The selected bidder(s) shall provide all materials, labor, equipment and maintenance of traffic necessary to perform the landscape maintenance activities to complete the Project, as specified in this ITB and in Attachment "A" and Attachment "B." 01467267-1 3 Copies of the complete bid documents, including this ITB, may be obtained from the BBCRA office located at 100 E. Ocean Avenue, 4t" Floor, Boynton Beach, FL 33435 or on the BBCRA's website, www.boyntonbeachcra.com. a. At the time of bid submission, each bidder must be registered, licensed, and insured by the City, County and State, as applicable, for the purpose of performing the project. b. The BBCRA reserves the right, before awarding an agreement, to require a bidder to submit evidence of qualifications, as the BBCRA may deem necessary, and may consider any evidence available to it of the financial, technical, legal and other qualifications and abilities of a bidder, including past performance and experience with the BBCRA and/or other clients. 4. Scope of Work. The Scope of Work is broken into two (2) categories to service various types of properties owned by the BBCRA. Bidders may submit a bid for one or both of the scopes of work attached to this ITB as Attachments "A" and "B." The BBCRA, at its sole discretion, may award one or more bidders a contract for landscaping maintenance services for the Categories listed below. CATEGORY ONE is for the following Improved Properties- 1. Boynton Harbor Marina 2. 211 E. Ocean Avenue 3. Public Parking Lot— 115 N. Federal Highway 4. 2 Public Parking Lots — NE 4t" Street & NE 1St Avenue 5. 401-411 E. Boynton Beach Boulevard A detailed description of the scope of work for Category One: Improved Properties is provided in Attachment "A" of this ITB. CATEGORY TWO is for the following Vacant Lot Properties- 1. Large Development Vacant Lots (aka Cottage District) 2. E. Martin Luther King, Jr. Properties 3. NE 9t"Avenue 4. Misc. Vacant Lots A detailed description of the scope of work for Category Two: Vacant Lots is provided in Attachment "B" of this ITB. 5. Bid Requirements. Bids must contain all the following documents and information in order to be deemed complete and for the BBCRA to consider whether the bidder is qualified, responsible, and 01467267-1 4 responsive. Bids deemed incomplete or that fail to follow the requirements of this ITB may be rejected or disqualified. It is each bidder's responsibility to ensure that the bid it submits is complete. In the bid, bidder's information must be provided EXACTLY with the item, paragraph, and section numbers shown in Attachments "G," "H," and "I." Information submitted shall be applicable only to the individual, company entity, or branch that will be contracted for this Project. Bidders will not attach any documents or information other than what the BBCRA requests in this ITB and any addenda-, however, bidders may use additional pages to provide responses to questions if the forms provided do not have adequate space for bidder to fully answer the question. Bidders must complete and submit all attachments to this ITB. a. A final bid price and cost. Bidder shall provide acknowledgement of the Bid Price being submitted as part of Attachment "E," Bidder's Acknowledgement Letter, and in the forms provided in Attachments "A" and/or "B," along with the breakdown of costs for the Scope of Work as described Attachment(s) "A" and/or "B." Prior to the award of the agreement, the BBCRA may require a bidder to submit an analysis of any lump sum bid prices quoted. b. List and provide copies of all licenses, certifications, or other related professional credentials held by bidder or bidder's employees relevant to the Project. c. Bidder shall submit a list of equipment and personnel to support the bidder's claimed ability to adequately complete the work described in this ITB. The Bidder must submit with the bid the name, address, email address, and phone number of the person(s) to be contacted for the coordination of landscape maintenance services. A contact for regular work hours, after-hours, weekends, and holidays must be identified. A completed Attachment "G," List of Equipment and Personnel, must be submitted as part of the bid. NOTE- BBCRA reserves the right to inspect all maintenance equipment prior to agreement award and to request bidder's most recent corporate financial statement for review. d. Provide a certificate of good standing from the Secretary of State of Florida and the state in which the corporation is headquartered, if not Florida. e. A list of all civil and criminal legal actions in Attachment "H," Bidder Information and Past Performance, in which each bidder entity (and its parent entity if bidder is a subsidiary) is currently a named party or was a named party in the past four (4) years, providing the case number, case description, the state of jurisdiction, and disposition of each case. Bidder(s) may include any additional relevant information. If there are no legal actions to disclose, provide a written statement attesting to this fact. 01467267-1 5 f. A list of three (3) verifiable professional references for whom bidder has provided similar services within the last five (5) years. References must include scope of work, contact names, addresses, telephone numbers, email addresses, and dates of service. A contact person shall be someone who has personal knowledge of the bidder's performance for the specific requirements listed. Contact person must have been informed that they are being used as a reference and that the BBCRA may be contacting them. DO NOT list persons who are unable to answer specific questions regarding the requirement. This information will be considered in the contract award review. Failure to include all data noted in Attachment "H," Bidder Information and Past Performance, may eliminate bidder from the bidding process; prior submittals will not be accepted. Bidders must also complete Attachment "N," Authorization for Release of Information. g. All other requirements contained in this ITB, including all attachments that request a response or information from the bidder. 6. Additional Bid Requirements. In addition to the other requirements listed in this ITB, bidders are responsible for, understand, and agree to the following items, terms, and requirements- a. Personal Investigation and Obligation of the Bidder(s). It is each bidder's obligation to carefully read all information in this ITB before submitting a bid. Prior to submitting a bid, each bidder shall inform themselves fully of the conditions relating to the properties and the employment of labor needed to complete the Project pursuant to this ITB. Failure to do so shall not relieve Contractor of the obligation to furnish all material and labor necessary to carry out the provisions of the agreement. At the time of submission, each bidder(s) shall submit a completed Attachment"C," Site Inspection Confirmation form, which is attached hereto. By submitting a bid, each bidder affirms he/she/it has inspected the site and has read and become thoroughly familiar with the requirements of this ITB, including all site maintenance information or details, and all addenda. The failure or omission of any bidder to examine any form, instrument, or document shall in no way relieve any bidder from any obligation in respect to bidder's submitted bid. Bidder understands and acknowledges that to the extent his/her/its bid is based on assumed requirements for the proposed scope(s) of work, the BBCRA has made no written or oral presentations that any such assumed requirements are accurate, and that such assumed requirements are not required to be a part of any agreement that may arise based on the submitted bid. Bidder is required to qualify all assumptions it makes. b. Additional Information. After the bids are received by the BBCRA, the BBCRA may make requests to bidders for clarifications, assurances, or for other details including, but not limited to, financial and disclosure data relating to the bid or bidder (including all affiliates, officers, directors, partners and employees). Any inquiries of a general nature applicable to all bidders will be directed to all bidders. Following submission of a bid, the bidder agrees to promptly deliver such further details, information and assurances, including, but not limited to, financial and disclosure data relating to the bid and/or the 01467267-1 6 bidder (including the bidder's affiliates, officers, directors, partners and employees), as requested by the BBCRA. c. Conditional Clauses. Bids that are qualified with conditional clauses, or alterations, or items not called for in the ITB documents, or irregularities of any kind are subject to disqualification at the option of the BBCRA. d. Deadline. It is each bidder's responsibility to ensure that submitted bids are received at the designated submittal location by the submittal deadline. Bids received after the submittal deadline will be disqualified and returned to the bidder unopened. e. Form and Number of Copies. In total, one (1) unbound original of the bid and one (1) bound copy of the bid must be submitted. Facsimile or emailed copies of the bid will not be accepted. The completed bid shall be submitted in a sealed package and clearly marked on the outside of the envelope and addressed as follows- SEALED BID Contract for Landscape Maintenance of BBCRA Owned Properties Category Number(s) Ms. Thuy Shutt, Assistant Director Boynton Beach Community Redevelopment Agency 100 East Ocean Avenue 4th Floor Boynton Beach, FL 33435 f. Completeness. All bids must be complete upon submittal to the BBCRA and contain all information and documentation required by this ITB. g. Signature. The bid, and any documents submitted with the bid that require a signature, must be signed by an individual authorized by bidder to legally bind and represent the bidder. Representations made within the bid will be binding on bidder. h. Failure to Meet Submittal Requirements. The failure to meet the deadline, submit a bid that complies with the form and number of copies requirements, or submit a complete bid may result in the bid being rejected and returned at the sole discretion of the BBCRA. i. Bid Validity. Bids shall remain valid and binding on bidders for 120 days after the submittal date. A bid, if selected, shall remain valid for the life of the agreement(s) resulting from this process except as modified by such agreement. j. Withdrawal and Resubmittal. Bidders may withdraw, modify, and resubmit bids any time prior to the submittal deadline. k. Bidder Responsible for Costs of Bid Preparation and Submittal. Bidder understands and acknowledges by submitting a bid that any and all costs incurred by the bidder as a result of the bidder's efforts to participate in this selection process shall be at the sole risk 01467267-1 and obligation of the bidder. The BBCRA will not provide compensation to bidder for any expenses incurred in preparing or submitting this bid or for any presentations made. I. Ownership of Bid Information. Bid costs and any other information submitted by bidder shall become the property of the BBCRA; however, the BBCRA may return all other bid information, upon written request, once an agreement award is made. 7. Subcontractors. If a bidder(s) subcontracts any portion of the scope of work for any reason, bidder must state the name and address of the licensed subcontractor and the name of the person(s) to be contracted on the enclosed Attachment "I," Schedule of Subcontractors. For purposes of this ITB, an example of a subcontractor would be an arborist, licensed contractor for pesticide application, or debris removal company. The BBCRA reserves the right to accept or reject any or all bids wherein a subcontractor is named, and to make the award to the bidder(s), who, in the opinion of the BBCRA, will be in the best interest of and/or most advantageous to the BBCRA. The BBCRA also reserves the right to reject a bid of any bidder if the bid names a subcontractor who has previously failed in the proper performance of an award or failed to deliver contracts of a similar nature on time, or is not in a position to perform properly under this award. The BBCRA reserves all rights in order to make a determination as to the foregoing. a. Bidder(s) agrees that if selected to enter into an agreement, bidder shall periodically throughout the term of the agreement provide the BBCRA an updated list of all subcontractors working on the awarded scope of work. 8. Local Business Preference. To provide locally owned and operated companies a competitive advantage when the BBCRA is procuring goods and services, preference will be given by the BBCRA to local businesses. All bids must indicate whether or not bidder is a local business via submittal of Attachment "K," Local Business Certification Statement. 9. Insurance Requirements. The successful bidder shall provide a certificate of insurance meeting the requirements of Attachment "L," Insurance Requirements, prior to agreement execution. The BBCRA reserves the right to ensure and require that the insurance coverages provided by the successful bidder/contractor are proper and that the insurers are licensed or otherwise qualified to do business in Florida. If at any time during the term of the agreement the BBCRA determines that it is in its best interests to insist on an alternative insurance provider, it may do so and bidder(s) (and Contractors)agree to comply with the BBCRA's decision. The BBCRA also reserves the right to review, modify, or amend any required coverages, limits, and endorsements during the life of an agreement and any extensions thereof. The BBCRA further reserves the right, but not the obligation, to review and reject any insurer providing coverage on the bidder's behalf because of the insurer's poor financial condition or due to the insurer's failure to operate legally in the State of Florida. 10.Sales Tax. By submitting a bid, bidder acknowledges that all materials and supplies necessary for completion of this agreement are subject to Florida Sales and Use Tax, in accordance with Florida Statutes. However, the BBCRA is exempt from any taxes imposed by state and/or federal government. Exemption certificates will be supplied on request. State Sales Tax Exemption Certification No. 85- 8012625376C-3 will appear on each purchase order. 01467267-1 8 11. Tentative Schedule. The following tentative schedule is anticipated for actions related to this ITB. All dates, times, and locations are subject to change. All changes will be posted to the BBCRA's website at www.boyntonbeachcra.com. Registered interested parties will be notified by email of changes, if any. Release of Invitation to Bid March 29, 2021 Mandatory Pre-Bid Conference and April 12, 2021, 10.00 A.M. (EST) Select Site Visit Request for Information Deadline April 26, 2021, 5.00 P.M. (EST) ITB Submittal Deadline and Bid Opening May 13, 2021 , 2.00 P.M. (EST) Contract Award by BBCRA Board June 8, 2021, 5.30 P.M. (EST) (Note: Dates above are subject to change—registered Bidders will be notified by e-mail of changes, if any.) 12.Contact and Questions. a. Contact Information. All correspondence, questions, and requests for clarifications related to this ITB must be directed to the person designated as the procurement officer for this ITB: Ms. Thuy Shutt, Assistant Director Boynton Beach Community Redevelopment Agency 100 East Ocean Avenue, 4th Floor Boynton Beach, Florida 33435 Phone- (561) 600-9098 Fax- (561) 737-3258 Email- ShuttT@bbfl.us b. Form of Contact; Answers in the Form of Addenda. All correspondence, questions, requests must be submitted in writing via email and may be submitted at any time but no later than April 26, 2021, 5.00 P.M. (EST). All answers to questions, clarifications, and interpretations will be issued in the form of addenda, which become part of this ITB. The bidder must acknowledge receipt of each addenda by completing Attachment "D," Addenda Acknowledgement Form, and including it with the bid. It is the responsibility of all bidders to obtain, review and respond to any and all addenda issued. Oral explanations, information, and instructions shall not be considered binding on the BBCRA. All bidders are encouraged to independently verify the accuracy of any information provided. Neither the BBCRA nor any of its agents or employees shall be responsible for the accuracy of any oral information provided to any bidder, or to any assumptions made by bidder. Written responses to all written questions submitted shall be maintained by the BBCRA in the ITB file. c. Limitations on Communications; Cone of Silence; No Lobbying. Bidder or persons acting on bidder's behalf may not contact any employee, officer, or Board member of the 01467267-1 9 BBCRA concerning any aspect of this ITB, except in writing to the procurement officer or as provided in the ITB documents. Violation of this provision may be grounds for rejecting a response. Further, during the same time period, bidder or persons acting on bidder's behalf may not contact any BBCRA Advisory Board Member, or any other person working on behalf of the BBCRA on any matter related to this ITB. Communication prohibited by this ITB, or by any other state, federal, or local law or regulation, may cause an individual or firm to be disqualified immediately from participating in the bid or selection process. Any violation of this condition may result in rejection and/or disqualification of the bidder's bid. For purposes of this section, persons acting on bidder's behalf shall include, but not be limited to, the bidder's employees, partners, attorneys, officers, directors, consultants, lobbyists, or any actual or potential subcontractor or consultant of the bidder. This "Limitations on Communications/Cone of Silence/No Lobbying" is in effect from the date of publication of the ITB and shall terminate at 1) the time the BBCRA Board selects a bidder, rejects all bids, or otherwise takes action which ends the solicitation process; or 2) at the end of the 72-hour period following the BBCRA posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, whichever is later. 13.ITB Bid Evaluation and Selection Process. a. The BBCRA staff will review each bid and make a determination as to whether each bid meets the minimum submission requirements for review, including whether the bid is complete, and whether it fully complies with the terms and conditions outlined in this ITB. A bidder's failure to provide a substantially complete bid in response to this ITB may result in the bid not being evaluated. The BBCRA may require clarification of submitted information from any bidder. The confidentiality of proprietary information from competing bidders shall be maintained to the extent permitted by law. b. In addition to meeting the minimum requirements of this ITB, each bid will be evaluated based on the information provided, and if an agreement is awarded, it will be awarded to the most responsive, responsible bidder whose bid is determined to be in the best interest of the BBCRA, after consideration of all factors, including the contents of the submitted bid. In determining the"most responsive, responsible bidder," the BBCRA, shall consider: i. The most advantageous prices contained in the bid. ii. The ability (including required licensure), capacity and skill of the bidder to perform the Project. iii. Whether the bidder can perform the Project or provide quality service promptly or within the time specified, without delay or interference for the categories stated on the bid form. 01467267-1 10 iv. The character, integrity, reputation, judgment, experience and efficiency of the bidder. v. The number and quality of performance of previous contracts for landscape services, including, but not limited to, BBCRA contracts. vi. The previous and existing compliance by the bidder with laws and ordinances relating to the Project requirements or service. vii. The sufficiency of the financial resources and ability of the bidder to perform the Project or provide the landscape maintenance services. viii. The number and scope of conditions attached to the bid. ix. The overall cost to the BBCRA. x. The best interests of the BBCRA. xi. Whether bidder attended the mandatory Pre-Bid Conference. Ai. Whether bidder has been a party to litigation or arbitration arising from a project for a public entity within the past four years. c. The BBCRA Board may select a bidder at a regular CRA Board meeting. However, the BBCRA Board is under no obligation to select a bidder regardless of their ranking, and can, at its sole discretion, opt to terminate the ITB process or continue the process to a subsequent meeting. If the BBCRA board selects a successful bidder, the BBCRA will notify the successful bidder in writing. d. The existence of a contractual relationship between a bidder and the BBCRA is contingent upon successful negotiations between the BBCRA and a selected bidder, and execution of an agreement by both parties. Therefore, upon selection of a successful bidder, the BBCRA and the successful bidder will then enter into negotiations for an agreement that will contain terms substantially similar to those contained in the successful bid and this ITB. A copy of"Attachment "O," Standard Form of Agreement Between Owner and Contractor, is included in this ITB. i. Any agreement must be in a form approved by the BBCRA Board and BBCRA legal counsel. ii. If the BBCRA and the successful bidder are not able to agree upon an agreement satisfactory to both parties within thirty (30) days of the selection of the successful bidder, bidder shall have the right to terminate the negotiations. The BBCRA may terminate negotiations at any time for any reason. 01467267-1 11 iii. If the BBCRA sends an agreed-upon agreement, or sends an agreement with a communication that informs the bidder that the agreement constitutes the BBCRA's final offer, and bidder fails to return an executed copy of the provided agreement within 30 days of receipt of such agreement from the BBCRA, the negotiations are deemed terminated unless the BBCRA explicitly extends the deadline in writing. iv. The BBCRA may withdraw its offer of agreement, including a final offer, at any time prior to written acceptance of such agreement. v. Upon termination of negotiations or withdrawal of offer of agreement, the BBCRA may move forward as it deems appropriate, which may include entering into negotiations with another bidder, re-advertising the ITB, electing to terminate the ITB process, or any other action it deems to be in the best interest of the BBCRA. If another bidder is awarded the bid, this award shall bind such bidder as though he/she/it were the original successful bidder. vi. The BBCRA reserves the right to reduce or increase the quantities of work to be done and to eliminate or add any lot, lots or items of work listed in the bid. The BBCRA disposes of and acquires properties from time to time, and as a result, the total number of properties being maintained may change from time to time. Accordingly, the per lot price will be applicable for adjusting to the contract price to accommodate additions or elimination of BBCRA properties from the Scope of Work. 14.Disclosure and Disclaimer. Bidder understands and acknowledges that to the extent permitted by law, the BBCRA retains all rights, at its sole and absolute discretion, to- a. Withdraw this ITB at any time-, b. Modify the schedule associated with this ITB; c. Issue addenda to this ITB; d. Request additional information, clarifications, or assurances from one or more bidders or prospective bidders-, e. Reject any and all bids-, f. Refrain from awarding an agreement as a result of this ITB; g. Verify the accuracy of any information provided-, h. Accept bids that deviate from this ITB; i. Disqualify or reject bids that are incomplete, untimely, or unclear; j. Re-advertise this ITB and accept new bids-, k. Obtain economic feasibility studies or third party evaluations with regard to any part of any bid-, I. Evaluate the bids through any process that complies with the BBCRA Procurement Policy, this ITB, and applicable Florida Statutes, 01467267-1 12 m. Select the one or more successful bids or bidders it deems will be in the best interests of the BBCRA, regardless of which bid appears to offer the best monetary value to the BBCRA; n. Waive any required element or condition found in this ITB for all bids or for a specific bid; o. Waive any formalities associated with this ITB; p. Accept any bid in whole or in part, or accept any combination of bids-, q. Negotiate agreements, abandon or withdraw from negotiations, approve agreements, and take other similar actions as a result of this ITB. Any bidder who submits a bid in response to this ITB fully acknowledges all the provisions of this disclosure and disclaimer and agrees to be bound by the terms hereof. In the event of any differences between this disclosure and disclaimer and the balance of the ITB, the provisions of this disclosure and disclaimer shall govern. If bidder fails to fully comply with all requirements of this ITB, bidder's or bidders' bid may be disqualified. Bidder(s) shall complete and include a signed Bidder(s) Acknowledgement and Compliance Statement exactly as shown in Attachment "E," Acknowledgement Letter. 15.Protests. The Bid Protest Policy is available upon request. Submittal of a bid in response to this ITB constitutes acceptance of this policy. 16.Non-Discrimination. The selected bidder, on behalf of itself, its successors and its assigns, agrees that no person shall, on the ground of race, color, disability, national origin, religion, age, familial status, sex, or sexual orientation, be subjected to discrimination in any way that is associated with the ITB, the BBCRA, the bid, any agreement resulting from this ITB, or the Project. 17.Permits, Taxes, Licenses and Laws. The successful bidder/contractor will be required to pay for and/or obtain, at its own expense, all permits, licenses, fees, and taxes required, and to comply with all federal, state, and local laws, ordinances, rules, and regulations applicable to responding to this ITB and carrying out the Project. 18.Sensitive and Proprietary Information. The BBCRA will maintain the confidentiality of sensitive and proprietary information to the extent permitted by law. The BBCRA will consider all other information, documentation and other materials submitted in response to this ITB to be of non- confidential and or non-proprietary nature and the property of the BBCRA and therefore subject to public disclosure under Chapter 119 of the Florida State Statutes. If a bidder believes any portion of a bid is exempt from public records disclosure, the bidder must identify the portion bid it believes it is exempt, state the reason for exemption, and request the BBCRA exempt it from public records disclosure. The BBCRA will exempt potions of a bid from public records disclosure only to the extent permitted by law. 19.Public Records. The BBCRA is public agency subject to Chapter 119, Florida Statutes. The contractor shall comply with Florida's Public Records Law. Specifically, the contractor shall- a. Keep and maintain public records that ordinarily and necessarily would be required by the BBCRA in order to perform the service-, 01467267-1 13 b. Provide the public with access to such public records on the same terms and conditions that the BBCRA would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law-, c. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and d. Meet all requirements for retaining public records and transfer to the BBCRA, at no cost, all public records in possession of the bidder upon termination of the contract or agreement and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the BBCRA in a format that is compatible with the information technology systems of the BBCRA. IF BIDDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO BIDDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS ITB, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (561)737-3256; 100 East Ocean Avenue, 4th Floor, Boynton Beach, Florida 33435, SimonM@bbfl.us. 20.Public Entity Crimes Statement. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity- and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. In order to qualify for consideration under this ITB, bidder must complete and attach Attachment "F," Public Entity Crimes Statement. 21.Drug Free Workplace Certification. Preference shall be given bidder(s) with drug free work programs, under the standards described in Section 287.087, Florida Statutes. Whenever two (2) or more bids that are equal with respect to price, quality and service are received by the BBCRA or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to receive such preference, the bidder shall complete and submit with its bid the attached certification, Attachment "J," Certification of Drug Free Workplace Program. 22.Non-Scrutinized Entity. By submitting a bid, bidder certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, and is not engaged in a boycott of Israel. Bidders must complete Attachment "M," Certification of Non- Scrutinized Entity. 23.E-Verify. In any agreement resulting from this ITB, the bidder will be required to warrant, for itself and its subcontractors, compliance with all federal immigration laws and regulations that relate to their employees. Bidder agrees and acknowledges that the BBCRA is a public employer that is subject 01467267-1 14 to the E-verify requirements as set forth in Section 448.095, Florida Statutes, and that the provisions of F.S. Sec. 448.095 will apply to such an agreement. END OF MAIN DOCUMENT PROCEED TO ATTACHMENTS 01467267-1 15 List of Attachments: A. Scope of Work— Category One- Improved Properties B. Scope of Work— Category Two- Vacant Lots C. Site Inspection Confirmation D. Addenda Acknowledgement E. Acknowledgement Letter F. Public Entity Crimes Statement G. List of Equipment and Personnel H. Bidder's Information and Past Performance I. Schedule of Subcontractors J. Certification of Drug Free Workplace Program K. Local Business Preference Certification Statement L. Insurance Requirements M. Certification of Non-Scrutinized Entity N. Authorization for Release of Information O. Standard Form of Agreement Between Owner and Contractor 01467267-1 16 ATTACHMENT "A" SCOPE OF WORK - CATEGORY ONE: Improved Properties NOTE- The ITB divides the scope of work into two (2) categories to accommodate various types of properties owned by the BBCRA. Bidders may submit a bid for one or both categories of work. Properties in this category consist of the following: 1. Boynton Harbor Marina 2. 211 E. Ocean Avenue 3. Public Parking Lot— 115 N. Federal Highway 4. 2 Public Parking Lots — NE 4t" Street & NE 1St Avenue 5. 401-411 E. Boynton Beach Blvd. These properties may also be referred to as the Landscape Maintenance Service Area. SPECIFICATIONS A. Basic Maintenance shall be done as shown below and includes Litter Control, Mowing, Line Trimming/Edging, Blowing, Weed Control and Irrigation Checks. • Boynton Harbor Marina —three (3) times per month • 211 E. Ocean Avenue—two (2) times per month • Public Parking Lot— 115 N. Federal Highway—two (2) times per month • 2 Public Parking Lots — NE 4t" Street & NE 1St Avenue—two (2) times per month • 401-411 E. Boynton Beach Blvd. —two (2) times per month 1. Litter Control — Shall mean the collection and proper disposal, at the Contractor's expense (and not in any BBCRA container without prior approval) any debris such as paper, cans, bottles, fallen or hanging limbs, rocks, etc. that are not intended to be present as part of the landscape, and the emptying of all trash barrels on the site. Litter Control will be completed throughout the entire Landscape Maintenance Service Area including streets/parking areas, sidewalks, pathways, curbs, etc. a. Litter Control must be completed prior to any trimming/edging, mowing, or blowing to eliminate shredding of materials throughout the landscaping and to prevent any possible safety concerns. b. All litter is to be containerized and properly disposed of. 2. Mowing — Shall be performed in a manner that ensures a smooth surface appearance without scalping or leaving any "missed" uncut grass. a. All mowers are to be mulching mowers with closed chutes to minimize the spreading of clippings, must be adjustable to allow for the proper mowing height (Common Heights- Bermuda 0.5"-1.5" / Floratam St. Augustine 3.5"-4" / Bahia 3"-4" /Zoysia 1.5"-2.5"); actual height to be determined by the condition of the grass and the field usage. Mowers shall have blades sharp enough to cut rather than tear grass blades. 01467267-1 1 b. Mowing shall be done carefully in order to avoid "girdling" trees or shrubs, intruding into ground cover beds, damaging sodded berms, or causing damage to sprinkler heads, valves, time clocks, curbs, or other facilities as the Contractor will be responsible for restoring all damage. c. Mowing shall not be done when weather or conditions will result in damaged turf or rutting-, re-scheduling or vacating the schedule for that week must be coordinated with the BBCRA. 3. Line Trimming/Edging — Grass shall be trimmed/edged during or immediately after mowing. Trimming/Edging will be accomplished by line trimmer, mechanical edger, or by hand. Trimming/Edging must remove grass around all obstacles in the turf such as posts, trees, wall, signs, sprinkler equipment, sidewalks, pavers, etc. and shall provide clean turf edges around all planting beds. Trimming/Edging shall be done carefully in order to avoid damaging sprinkler equipment, walkways, plantings, or other facilities as the Contractor will be responsible for restoring all damage. NOTE- Trimming/Edging will be 1.5 feet away from all trees, palms, and exposed roots. a. Blowing — Grass clippings and debris caused by mowing and trimming/edging shall be immediately blown off from all hard surfaces after mowing and line trimming/edging. Grass clippings and debris shall be removed as to not allow it to drift into roadways, storm drains, ponds/lakes or adjacent properties. b. Weed Control - Contractor responsible for keeping all areas weed-free at all times. i. Weeds are to be completely removed from all turf, shrub, ground cover, flowerbeds, tree rings, and paver block areas during the contract period. Properties that are part of the Landscape Maintenance Service Area shall remain weed-free at all times using manual or chemical methods. ii. Weeds growing from curb joints or other concrete areas shall be chemically treated and removed after the herbicide has penetrated to the roots if they are large enough to be a visual eyesore. iii. There shall be no run-off of chemicals into adjacent roadways, gutters, planting areas or other hard surfaces. iv. Contractor may use contact herbicides for spot killing of weeds. v. Weeds are to be mowed, trimmed or edged from turf areas as part of turf care operations. Weeds are to be manually or mechanically removed from ground cover each mowing cycle. c. Irrigation Checks — Irrigation systems will be checked upon each mowing operation to ensure no damage to heads or valves. Any leads or valves damaged by Contractor in the act of mowing will be replaced by Contractor at his/her/its cost. B. Pruning and Hedge/Shrub/Flowering Plant Maintenance—All hedges, shrubs, and landscaped areas will be trimmed once a month in accordance with professional horticulture and ornamental practices. Care shall be taken not to remove too much of the flowering surface branches when pruning. Pruning shall also include the removal of all dead and diseased wood which in not beneficial to the specific type of plant material. Pruning shall be accomplished with clean, sharp tools including a pole saw for any tree hangers that can be reached from ground level, in accordance with standard horticultural practices, to preserve the natural character of the plant. 01467267-1 18 Tools that cut, rip, or tear plants will not be allowed. All pruning cuts shall be done without leaving stub cuts, flush cuts, rips/tears, or straight cuts while removing all dead, dying, and/or diseased plant material. Branches protruding over walkways, into facilities such as fencing, buildings, etc., or obscuring walkways (10' clearance) or roadway right-of-ways (14' clearance). All plant material removed during the pruning process shall be containerized and disposed of properly. C. Palm Trimming -All palms will be trimmed once a month. All dead or dying fronds will be removed at this time. Lower palm branches (up to 10') will be trimmed to maintain clearance for pedestrian and vehicular traffic. Any palm exceeding a height of 16' or higher will be excluded, but can be trimmed at an additional charge upon authorization by the BBCRA. D. Trees - Trees are to be pruned once a month to control suckers or water sprouts and throughout the first year following installation, to establish proper structure- thereafter only corrective pruning as needed, for damaged, dead, crossing branches, obstruction; or aesthetics is needed. Trees must be trimmed to provide clearance of no less than eight (8) feet at all times. E. Irrigation Wet Check - Inspections and adjustments shall be done once a month wherein the entire irrigation system starting with the meter to the backflow to all the clocks, lines, and zones with their valves, heads, sensors, etc. to ensure that grounds and plantings are receiving adequate amounts of water while avoiding water loss. F. Irrigation Repairs — All needed repairs are to be documented, marked, and forwarded to the BBCRA immediately, and the damaged system is to be secured in the "off' position in order to limit the amount of water lost. An itemized estimate must be submitted and approved by the BBCRA prior to any repair work as the BBCRA reserves the right to complete repairs with in-house staff and/or to purchase the materials. G. Mulching—Two inches of shredded non-cypress mulch (not red mulch) shall be added to planting beds four (4) times a year in March, June, September and December. A granular pre-emergent herbicide shall be applied to all shrub beds PRIOR to the application of mulch. Beds will be clean of weeds when new mulch is applied. NO CYPRESS MULCH SHALL BE USED. H. Plant/Tree Installation - An itemized estimate must be submitted and approved by the BBCRA prior to any plant/tree installation as the BBCRA reserves the right to purchase the materials. All plants and/or trees must be visibly inspected and approved by the BBCRA prior to installation. See the Proposal Summary Sheets for Additional Services to submit hourly labor rates for installation. Additional maintenance cost will be addressed in accordance to Attachment "O," Standard Form of Agreement Between Owner and Contractor. I. Fertilization -All turf areas will be fertilized four (4) times annually using only commercial custom blended fertilizer which is designed for S. Florida turf needs. One of the turf fertilization applications will be a weed and feed that will be applied in the spring season. Fertilizer used will be a top grade 16-4-8 or season equivalent. Palms, hedges and ornamentals will be fertilized three times per year with a granular 13-3-13 or equivalent. All granular applications will be broadcast at the manufacturers recommended rates. J. Pest Control—An Integrated Pest Management (IPM) Pest Control Program will be designed and applied four(4) times annually for the detection and treatment of any insects, fungus and diseases that may occur in both the turf and on all ornamentals in all common ground areas. A supervisor 01467267-1 19 with a commercial landscape pesticide certification will inspect and treat problems quarterly as detected in both the turf and all landscape materials throughout the site. Areas treated and problems corrected will be indicated in written activity reports. See below for specifications regarding pest control applications- 1. Pest Control Specifications — Turf: All turf areas will be inspected and treated quarterly for turf- damaging insects and disease. Turf showing damage will be treated at time of inspection. Turf insects and diseases to be treated include Chinch Bugs, Sod Webworms, Army Worms, Fire Ants, Brown Patch & Leaf Spot Fungus. In addition, broadleaf weed control and ant baiting applications will be completed twice annually. a. Pest Control Specifications — Ornamentals: All Ornamentals will be inspected every month for plant damaging insects and disease. Ornamentals showing damage will be treated at the time of inspection. Ornamental insects and diseases to be treated include Scale, Mealy Bugs, Aphids, Caterpillars and Leaf Spot Fungus. b. Pest Control Exclusions: The control of Fig & Spiraling White Fly, Millipedes, Fleas, Ticks and Nematodes are not included in this program. Grub control would be at an additional cost. Any Treatment of Ants, other than Fire Ants, is not included in the program. Ants in pavers are also not included. Structural Pest Control including Wasps, Mud Daubers, etc. are not included. Any Palm tree disease would be an additional cost. No potted plants included. K. Damages - Damage to landscape material due to any cause shall be immediately corrected by Contractor. This includes up righting and staking any fallen or leaning trees and palms; removal of dead or damaged material- and minor grading and replacement of sod displaced by vehicles. Any pits left from tree removal shall be filled with good soil and sod to match existing grade. (Contractor must contact BBCRA within 24 hours of such repairs). L. General - Contractor shall be capable of being contacted through their office and/or cellular phone numbers during the hours of 7.00 a.m. — 5.00 p.m., Monday through Sunday. A contact must be available during regular work hours, after-hours, weekends and holidays. All phone calls from BBCRA employees should be returned within four (4) hours. Contractor shall provide a working fax number and email address for use during business hours. Based on the aforementioned, Bidder must submit with his/her/its bid the name, address, fax number, office phone number, cellular number(s) and email addresses of all persons to be contacted for coordination of service. Other than emergency maintenance, no maintenance shall be performed on weekends or during holidays unless requested in writing and approved by the BBCRA. Work shall be performed between the hours of 8.00 a.m. and 5.00 p.m. Special attention will be given to specified areas prior to national holidays & special events to ensure that the site is at its best during these times. Contractor will check area two days prior to holiday and special events and verify that maintenance has been properly performed. M. Additional Work — These prices will not be added in the contract bid but used on an "as needed" basis. 1. Sod Replacement: Contractor will supply sod replacement to the BBCRA on an "as needed" basis. Sod will be priced per sq. ft. of removal, grade and install. 2. Plant and Tree Installation: Conrytractor will supply labor for installation of shrubs and trees 01467267-1 20 as needed. Labor will be priced at an hourly rate per person. 3. Additional Fertilizing: Contractor will supply labor for additional fertilizing if needed. Labor will be priced on an hourly basis per person required. 4. Additional Pest Control: Price per 50 gallons of insecticide or 50 pounds of granular insecticide per as needed application. 5. Additional Litter Removal: Contractor will supply labor for additional litter removal if needed. Labor will be priced at an hourly rate per person. 01467267-1 2 1 BID PRICE PROPOSAL OSALBREAKDOWN j SCOPE OF WORK - +CATEGORY ONE: Improved Properties lv Amount Per Service vii Times oa ., j - th anc '^ g onces, Owe* Litt o>oW a g,BkwiAg Jmd punt ag Trees Wood Control, Mr u1 110 ME Gth Strut 08-43-45-27-03-000- -Marina Entr4 0132& 8-43-45-27-60 Col Tower& 725 003-0400&00-43-4 Casa Lorna Blvd. 27-03-000-0071&08- -op en Space. 43-45-27-03-000-0041 Mediae-h Harbor 0132 211 E_Ocean 08-43-45-20-,03-004 � Averrtre 0130 CO3 115 N-1 ederal08-43-45-28-03-001- 3 "ighwa4 0010 ME 4th!street& 08-43-45-28-03-001- 004 ME 1st Avenue 0000&00-43-45-28® 3 03-401-0100 401-411 E- 08-43-45-21-18-000- 005 Boganttrn Beach 0060 h 08-43-45}21-18- Blvd.. 000-0051&00-43-45- 21-18-000-0040 TOTAL 4 -The undersigned,having familiarized themselves,with the local conditions affecting the cost of the work, with the ;Specifications(including Invitation to Bid,Instructions to Bidders,this bad the Standard Forms of Agreement, and the i Scopes of Work)and Addenda,if any thereto, on file in the office of the BOYNTON BEACH COkI 11Jt^17 REDEVELOPMENT AGENCY,at 100 E,Ocean avenue„4th FiDor„Boynton Beach, Florida„hereby proposes to furnish all labor, materials,equipment and services required,all in accordance therewith, for the sum of Dollars(S I an a monthly basis, for the work outlined in ;this Bid Price Proposal BreakdDwn-&4onthlyAmoutPer Bernice for the maintenance of the properties listed in this Scope of Work and attached to the Standard Foran of Agreement Between 0 w eer and Contractor as Atachment'A. Bidder's Signature Print Name t Tltte Date r 01467267-1 GG RLD PRICE PROPOSAL BRJFAKDONVN SCOPE OF W - CATEGORY ONE: Improved Properties Annual Amount Per Sep e s peryear Map4PCINO .. rti MA 110 ME Gth Street 08-43-45-27-03'0010- -Marina Entry 01321r 08-43-45-27-60- C+�1 �er 003-0000&08-43-45-Caa La 113IwKK 27-036000-0071&00- en Space. 43-40-27-03-000-0041 Median 1i Harbor G02 211 E_Ocean 08 43-45-28-03-004 Avenue 0130 115 N. Federal 0$-43-4'5-211-03-0W CO3r Highway 0010 f 4 E 4th Street& 00 43-415-20-03-001 NE 1st Av enure 0000&00-43-40-20-03 r ; ' E 401-411 E 08..43#45-21-10-000- Cos Boynton 0000&00-43-45-21-10- Olyd 1000-0051&08-43-45-21- TOTAL The undersigned,having familiarized themselves with the local conditions affecting the cost of the work,with the Specifications(including Invitation to Bid,Instructions to Bidders,this bid,the Standard Form of Agreement,and the Scopes of"fork)and Addenda*if any thereto,on file in the office of the BOYNTON BEACH COMMUNITY Y REDEVELOPMENT AGENCY,at 100 F. 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Bidders(s) may submit a proposal(s) for one or more categories of work. Properties in this category consist of the following: 1. Large Development Vacant Lots (aka Cottage District) 2. E. Martin Luther King, Jr. Properties — MLK NORTH 3. NE 9t"Avenue 4. Misc. Vacant Lots SPECIFICATIONS A. Basic Maintenance shall be done two (2) times per month and includes Litter Control, Mowing, Line Trimming/Edging, Blowing and Weed Control. 1. Litter Control — Shall mean the collection and proper disposal, at the Contractor's expense (and not in any BBCRA container without prior approval) any debris such as paper, cans, bottles, fallen or hanging limbs, rocks, etc. which are not intended to be present as part of the landscape within the entire Landscape Maintenance Service Area including streets/parking areas, sidewalks, pathways, curbs, etc. and the emptying of all trash barrels on the site. a. Litter Control must be completed prior to any trimming/edging, mowing, or blowing to eliminate shredding of materials throughout the landscaping and to prevent any possible safety concerns. b. All litter is to be containerized and properly disposed of. 2. Mowing — Shall be performed in a manner that ensures a smooth surface appearance without scalping or leaving any "missed" uncut grass. a. All mowers are to be mulching mowers with closed chutes to minimize the spreading of clippings, must be adjustable to allow for the proper mowing height (Common Heights- Bermuda 0.5"-1.5" / Floratam St. Augustine 3.5"-4" / Bahia 3"4' /Zoysia 1.5"-2.5"); actual height to be determined by the condition of the grass and the field usage. Mowers shall have blades sharp enough to cut rather than tear grass blades. b. Mowing shall be done carefully in order to avoid "girdling" trees or shrubs, intruding into ground cover beds, damaging sodded berms, or causing damage to sprinkler heads, valves, time clocks, curbs, or other facilities as the Contractor will be responsible for restoring all damage. c. Mowing shall not be done when weather or conditions will result in damaged turf or rutting; re-scheduling or vacating the schedule for that week must be coordinated with the BBCRA. 3. Line Trimming/Edging — Grass shall be trimmed/edged during or immediately after mowing. Trimming/Edging will be accomplished by line trimmer, mechanical edger, or by hand. Trimming/Edging must remove grass around all obstacles in the turf such as posts, trees, wall, signs, sprinkler equipment, sidewalks, pavers, etc. and shall provide clean turf edges around all planting beds. Trimming/Edging shall be done carefully in order to avoid damaging sprinkler 01467267-1 29 equipment, walkways, plantings, or other facilities as the Contractor will be responsible for restoring all damage. NOTE: Trimming/Edging will be 1.5 feet away from all trees, palms, and exposed roots. 4. Blowing — Grass clippings and debris caused by mowing and trimming/edging shall be immediately blown off from all hard surfaces after mowing and line trimming/edging. Grass clippings and debris shall be removed as to not allow it to drift into roadways, storm drains, ponds/lakes or adjacent properties. 5. Weed Control - Contractor responsible for keeping all areas weed-free at all times. a. Weeds are to be completely removed from all turf, shrub, ground cover, flowerbeds, tree rings, and paver block areas during the contract period. Properties that are part of the Landscape Maintenance Service Area shall remain weed-free at all times using manual or chemical methods. b. Weeds growing from curb joints or other concrete areas shall be chemically treated and removed after the herbicide has penetrated to the roots if they are large enough to be a visual eyesore. c. There shall be no run-off of chemicals into adjacent roadways, gutters, planting areas or other hard surfaces. d. Contractor may use contact herbicides for spot killing of weeds. e. Weeds are to be mowed, trimmed or edged from turf areas as part of turf care operations. B. Damages - Damage to landscape material due to any cause shall be immediately corrected by Contractor. This includes up righting and staking any fallen or leaning trees and palms; removal of dead or damaged material- and minor grading and replacement of sod displaced by vehicles. Any pits left from tree removal shall be filled with good soil and sod to match existing grade. (Contractor must contact BBCRA within 24 hours of such repairs). C. General—Contractor shall be capable of being contacted through their office and/or cellular phone numbers during the hours of 7.00 a.m. — 5.00 p.m., Monday through Sunday. A contact must be available during regular work hours, after-hours, weekends and holidays. All phone calls from BBCRA employees should be returned within four (4) hours. Contractor shall provide a working fax number and email address for use during business hours. Based on the aforementioned, Bidder must submit with his/her/its bid the name, address, fax number, office phone number, cellular number(s) and email addresses of all persons to be contacted for coordination of service. Other than emergency maintenance, no maintenance shall be performed on weekends or during holidays unless requested in writing and approved by the BBCRA. Work shall be performed between the hours of 8.00 a.m. and 5.00 p.m. Special attention will be given to specified areas prior to national holidays & special events to ensure that the site is at its best during these times. Contractor will check area two days prior to holiday and special events and verify that maintenance has been properly performed. D. Palm Trimming -All palms will be trimmed once a month. All dead or dying fronds will be removed at this time. Lower palm branches (up to 10') will be trimmed to maintain clearance for pedestrian and vehicular traffic. Any palm exceeding a height of 16' or higher will be excluded, but can be trimmed at an additional charge, upon authorization by the BBCRA. 01467267-1 3 0 E. Trees - Trees are to be pruned once a month to control suckers or water sprouts and throughout the first year following installation, to establish proper structure- thereafter only corrective pruning, for damaged, dead; crossing branches; obstruction; or aesthetics is needed. Trees must be trimmed to provide clearance of no less than eight (8) feet at all times. F. Additional Work — These prices will not be added in the contract bid but used on an "as needed" basis. a. Sod Replacement: Contractor will supply sod replacement to the BBCRA on an "as needed" basis. Sod will be priced per sq. ft. of removal, grade and install. b. Plant and Tree Installation: Contractor will supply labor for installation of shrubs and trees as needed. Labor will be priced at an hourly rate per person. c. Additional Fertilizing: Contractor will supply labor for additional fertilizing if needed. Labor will be priced on an hourly basis per person required. d. Additional Pest Control: Price per 50 gallons of insecticide or 50 pounds of granular insecticide per as needed application. e. Pruning and Hedge/Shrub/Flowering Plant Maintenance — All hedges, shrubs, and landscaped areas will be trimmed in accordance with professional horticulture and ornamental practices. Care shall be taken not to remove too much of the flowering surface branches when pruning. Pruning shall also include the removal of all dead and diseased wood which in not beneficial to the specific type of plant material. Pruning shall be accomplished with clean, sharp tools including a pole saw for any tree hangers that can be reached from ground level, in accordance with standard horticultural practices, to preserve the natural character of the plant. Tools that cut, rip, or tear plants will not be allowed. All pruning cuts shall be done without leaving stub cuts, flush cuts, rips/tears, or straight cuts while removing all dead, dying, and/or diseased plant material. Branches protruding over walkways, into facilities such as fencing, buildings, etc., or obscuring walkways (10' clearance) or roadway right-of-ways (14' clearance). All plant material removed during the pruning process shall be containerized and disposed of properly. f. Plant/Tree Installation - An itemized estimate must be submitted and approved by the BBCRA prior to any plant/tree installation as the BBCRA reserves the right to purchase the materials. All plants and/or trees must be visibly inspected and approved by the BBCRA prior to installation. See the Proposal Summary Sheets for Additional Services to submit hourly labor rates for installation. Additional maintenance cost will be addressed in accordance to Attachment "O," Standard Form of Agreement Between Owner and Contractor. g. Additional Litter Removal: Contractor will supply labor for additional litter removal if needed. Labor will be priced at an hourly rate per person. 01467267-1 3 1 - - - BID PRICE PROPOSAL BREAKDOWN SCOPE OF WO _C X O: Vacant Lots "o thty Amount Per Service Times Per Month Basic Maintenance On" Month' Irl 4 Lo a tion?Alddres PCfil4 Litter Coinind11F. Month P' TOT wriYtm'Vire Trimming TrOes 1 TdmmingilEdgiu i EC1Cottage 11iatlict-18P"CN's attached to Marg 1 __ 3t Vacant Lots-NL 49th 112 Lar 11&12 E MLK ... 08--43-48-21-25-001-0110 $ $ $ Blvd. Lot 14 NE 10th Avenue-MLl d. 08-43-4521-44- 0-4140 308 E MLK Blvd. 08-43-45-21-04-000-0130 $ $ $ T2 Lot 10 NL 10th Avenue- 8 1 L ML 043-45-204-000-4100 1 Lot 8 NE 10th Avenue- 08-43-45-21-04-000-0080 MLK Blvd. lot 7 NE 10th Avenue- 08-43-45-21-04-040-4074 MLK Blvd_ 211 ISL 3th Avenue 08-43-45-21-18-440-1700 $ $ S 231 NE 9th Avenue 08-43-45-21-18-000-1650 $ $ $ 235 NE Sth Avenue 08-43-45-21-18-000-1640 CT3 Lots 154.155 8158 NE 48-43-45-21-18-0401548 8th Akvenu 1001 N_ Railroad 08-43-45-21-18-000-1510 Avenue&NE 3th 1T. 402 NW 12th Avenue 08-43-45-21-14-000-4150 $ $ 1110-1102 N.Federal 08-43-45-21-32-002-0211 Fli hrra. 08-43-45-21-3 -002-0201 T4 407 NE 1st Street 08-43-45-21-30-002-0231 $___ 14814 3rd Street 08-43-45-21-30-001-0110 $ $ $ $ 08-43-45-21-30-001-0120 545 NW 11th Avenue 08-43-45-21-14-004-3580 -1$--. Is TOTAL is Is Is $ ='fise undersigned, having familiarized thernseiwes with the io'cat conditions affecting the cost of the work, with the Specifications(including ry;In=vitation to Bid, Instructions to Bidders,this hid„the Standard Form of Agreement,and the Scopes of Work~ and addenda, if any thereto, 'on file in the office of the BOYNTON BEACH01-91 UNIT "REDEVELOPMENT AGENCY, at 101D B Ocean Avenue,4th Flea, Boynton Beach, Florida. hereby proposes to furnish all labor, materials, equipment and services required, all in accordance therewith, forthe sum of Dollars( )an a monthly basis, for the work outlined in this Bid Price Proposal Breakdown-Monthly Amout Per Service for the maintenance of the properties listed in this Scope of Work and attached to the Standard Form of Agreement Betw een 0 w ner and Contractor as Attachment'BW 9 Bidder's Signature Print Marne `ale Date 01467267-1 32 F , l� 's +qn 1 r — it ( g3iry et r owix w �; a 7 t5 0 r v t 01467267-1 3 3 COTTAGE DISTRICT ttr :r rp ti1 aSr\1rt I} ! f i 11 i,i th(, 1, ,IU }+ „9t}J t v�l,•.>s i s I r`�I(�j 1 ciS ,s;` l Rl ;+\ {1Q\i s,.q,t. r i( r rs ;y}11 +(i 1(r�,.:f47, S I} u ,{a}., I rt,,+t.I 1}l :sit t ltt+ } yct, { r �rt} r) ( ts \ltttli l )l{r I}: ri51r hst !>fi, 71+t \1iCllrfs} }f to ) ytSi i,is i,�i��jitt,ty III 'r fR> ;t i� itlrt t� 1)I },�1+4rJ2 11 It 3stN (fttsl4i jri4�i�� +t(I y ) �\\k lr�lsj; 7+++`tr,t lil si spsl�is t}s ijtii rl,r} t II ��S +r NE 5th 2 114 Avenue Lot 1, Blk 1,Sunny Side Ests 08-43-45-21-28-001-0010 NE 5th Portions of Lots 2&3, Blk 3 118 Avenue 1,Sunny Side Ests. 08-43-45-21-28-001-0020 NE 5th Portions of Lots 3&4, Blk 4 122 Avenue 1,Sunny Side Ests. 08-43-45-21-28-001-0031 NE 5th Portions of Lots 4,5&6, 5 136 Avenue Blk 1,Sunny Side Ests 08-43-45-21-28-001-0041 NE 5th Portions of Lost 6&7, Blk 6 140 Avenue 1,Sunny Side Ests 08-43-45-21-28-001-0061 NE 5th Portions of Lots 7&8, Blk 7 144 Avenue 1,Sunny Side Ests 08-43-45-21-28-001-0071 N 100 Ft.of Lot 1, Blk 3, Shepard Addition to 8 517 NE 1st Street Boynton 08-43-45-21-29-003-0011 N 60 Ft.of S.200 Ft of Lot 1, Blk 3,Shepard Addition 9 515 NE 1st Street to Boynton 08-43-45-21-29-003-0013 NE 1st Avenue (Property Appraiser has it as 511 NE Portions of Lot 1, Blk 3, 10 511 1st Street) shepard Add 08-43-45-21-29-003-0012 Shepard Add S 75 ft.or Lot 11 145 NE 4th Ave 1, Blk 3 08-43-45-21-29-003-0014 Lot 2 and the NE 1/4 of Lot 12 a & NE 4th 3, Block 3,Shepard 08-43-45-21-29-003-0032; b xxx Avenue Addition to Boynton 08-43-45-21-29-003-0020 NE 4th Portions of Lot 3, Blk 3, 14 127 Avenue Shepard Add 08-43-45-21-29-003-0034 NE 4th W 75'of Lot 4/1-ess N 140'/ 15 121 Avenue Blk 3 Shepard Add 08-43-45-21-29-003-0041 Portions of Lots 3,4,&5, 16 xxx NE 4th Ave Blk 3,Shepard Add 08-43-45-21-29-003-0033 NE 4th Portions of Lot 5, Blk 3, 18 105 Avenue Shepard Add 08-43-45-21-29-003-0051 NE 4th Portion of Lot 8, Blk 3, 19 103 Avenue Shepard Add 08-43-45-21-29-003-0081 N.Seacrest Portions of Lots 7&8, Blk 20 508 Blvd. 3,Shepard Add 08-43-45-21-29-003-0071 01467267-1 34 'IRitFdl an�r puo.ai)i w Sa �,yl Spa �I I w. I S s v c Q { It ii 7tS1 1 J � yt ti 1F I `th s3 �' tr a 00 LU sr oC .=.1 Z i` ul t W W o � o~CZ = w w w CL 7 OIL EC ca 4't�411\t{ssrcJ1111'�9�pM9 �S�I�C2�y N Nir�ita. hh i� fJta4 k it vul'Ae » v � 1 v s}vey J+' wi4 l r 01467267-1 3 5 o � „ tr 2 ■X�41`�}��ll_ s� � t s rst sti �r Ss. r Y £ t �e r 4�i ti JG y i it r y 1 "p R,<2 S ns tl � xx UA ' z w 'x a s LU IL 11` � ;f. t fs= £ 1 ftl 2s R 01467267-1 3 6 9 acs( 1`f i1 3 i + t to 1 1 4 e g t r 4, 4 �r' h iyt� s 1, c 1• �� v �} r r �, �} � ��ry}�,{��� 1rF� �h. � Ott% �j"trlN? IRtli t lr �.,{x 3 �, t rl�}�i,..}iStil�l {�r1�1t)'< ���1���� � ,,� ;• 4�ss7 ;Zt rzt„ ���r r ��_{�C kf�.��-"',,; �� �1}1 1,11 )1 jt C t�� 1 � t ,1l � 11`••*•'� \;,i... i" t rl iiSsnl)i i,! italiy$S llt�Ji 11✓t'�l r '.?� (t r,,r' s r "� _ — u s i,,.,, 1,_,�`•s�� �s�t� �_ '�1 �Cvt t(�'�s11}�, „ r{t#?{?fit tl 9 it r i�, 1rY t�� � 1 '��V1`� t(t)l� I �t � i � it fibrr 01467267-1 37 { r �I °I {s��k° 5, } i• ,a 2i� i i Sr4 — }tt; l�p "Ir 1 4i rk if t 1iu tri i�: 11111' � � ii 2 1 � 4ii` t kl t` h, s. r u k=' LUt }�11; f s ✓ k 1llyyi,,i 1 � il1r,, � r 1 `w '' JS�� � $..t $'�y. � \4,,q�;i�r i\\}`r ,��,�it l�S 1sS�4'!i`5 � 4 F 11�;,,,,���� 1r{ 01467267-1 3 8 1} d, �l � 4 ?t; "1 f v: T t� s +k l 6 r ,r IA 09 G Ft OEM a 01467267-1 3 9 ATTACHMENT "C" SITE INSPECTION CONFIRMATION Project Title: Landscape Maintenance for Category One: Improved Properties as an authorized agent of (Name and Title of Company Representative) (hereinafter called the Bidder) located at (Name of Company) hereby certifies that on 2021, Bidder(s) or Bidder(s)' representative personally visited the following Project sites- 1. Boynton Harbor Marina 2. 211 E. Ocean Avenue 3. Public Parking Lot— 115 N. Federal Highway 4. 2 Public Parking Lots—NE 4' Street& NE 1St Avenue 5. 401-411 E. Boynton Beach Blvd. and has carefully examined the existing conditions and reviewed these conditions as they relate to Attachment "A," Scope of Work, Category One: Improved Properties, for the Project prior to submitting his/her/its bid. Bidder's Signature Print Name Title Date 01467267-1 40 SITE INSPECTION CONFIRMATION Project Title: Landscape Maintenance for Category Two: Vacant Lots as an authorized agent of (Name and Title of Company Representative) (hereinafter called the Bidder) located at (Name of Company) hereby certifies that on 2021, Bidder(s) or Bidder(s)' representative personally visited the following Project sites- 1. Large Development Vacant Lots (aka Cottage District) 2. E. Martin Luther King, Jr. Properties 3. NE 9t"Avenue 4. Misc. Vacant Lots and has carefully examined the existing conditions and reviewed these conditions as they relate to Attachment "B," Scope of Work, Category Two: Vacant Lots, for the Project prior to submitting his/her/its bid. Bidder's Signature Print Name Title Date 01467267-1 4 1 ATTACHMENT "D" ADDENDA ACKNOWLEDGEMENT Receipt is hereby acknowledged of the following addenda to the The Boynton Beach Community Redevelopment Agency Invitation to Bid CONTRACT FOR LANDSCAPING MAINTENANCE SERVICES ON PROPERTIES OWNED BY THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By entering checking YES or NO in the space provided and indicating date received. No. 1 ❑ Yes ❑ No Date No. 2 ❑ Yes ❑ No Date No. 3 ❑ Yes ❑ No Date No. 4 ❑ Yes ❑ No Date No. 5 ❑ Yes ❑ No Date ITB INFORMATION WAS OBTAINED FROM: ❑ BBCRA Website ❑ Newspaper Ad ❑ City Hall ❑ Other, please specify- Authorized Signature Print Name Title Date 01467267-1 42 ATTACHMENT "E" ACKNOWLEDGMENT LETTER BIDDER(S) SHALL INCORPORATE THIS ACKNOWLEDGEMENT LETTER IN THEIR BID PACKAGE ********************************************************************************** Re- Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue, 4t" Floor, Boynton Beach, FL 33435 Project- Invitation to Bid (ITB) dated March 29, 2021 CONTRACT FOR LANDSCAPING MAINTENANCE SERVICES ON PROPERTIES OWNED BY THE BBCRA Bid Price- 1. Category One- $ Total of monthly services x 12 months 2. Category One- $ Total of annual services 3. Category Two- $ Total of monthly services x 12 months Total Contract Price (sum of 1, 2, and 3 above) $ To Whom It May Concern- The undersigned has read the Boynton Beach CRA (BBCRA) Invitation to Bid (ITB) for the above- referenced Project. On behalf of Bidder identified below and our bid team, we agree to and accept the terms, specific limitations, and conditions expressed therein. We have read, rely upon, acknowledge and accept the BBCRA's disclosure and disclaimer, which is fully incorporated by reference into this letter, and certify that all of the requirements as described in the ITB are met and all required documents are enclosed. We agree to be bound by the Bid Price above and as otherwise provided in the bid. We further certify that all information presented in this bid, and all of the information furnished in support of the bid, is true and complete to the best of our knowledge and belief, and we are aware of the fact that making false statements or presenting false information that results in an agreement may be penalized to the maximum extent allowed by law. Sincerely, Name of Bidder (Entity) Authorized Signature Date Print Name and Title 01467267-1 43 ATTACHMENT "F" PUBLIC ENTITY CRIMES STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not- submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; submit a bid proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; submit bids, proposals, or replies on leases of real property to a public entity; be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; or transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months following the date of being placed on the convicted vendor list. As the person authorized to sign the Statement, I certify that Bidder has not been placed on the convicted vendor list within the past 36 months and complies fully with the above requirements. Bidder Name Authorized Signature Print Name Title Date 01467267-1 44 ATTACHMENT "G" LIST OF EQUIPMENT AND PERSONNEL In preparing the tabulation below, the Bidder shall insert the following information under the appropriate heading, using a separate line for each major item and an additional page, if necessary. (a) ITEM- Description of equipment. (b) USE- Description of what the equipment will be used for in the project. (c) AGE AND CONDITION- Original model year of equipment — if equipment has been rebuilt, year of last overhaul. (d) OWNED EQUIPMENT- whether Bidder owns equipment. AGE AND ITEM USE CONDITION OWNED (a) (b) (C) EQUIPMENT Yes/No (d) Provide a list of key personnel who will be performing the work for this Project on a separate page in the following format- Name Job Title/Description Years with Phone/Email After Company Hours Contact Yes or No 01467267-1 45 ATTACHMENT "H" BIDDER'S INFORMATION AND PAST PERFORMANCE Business Name- Street Address- Mailing Address (if different)- City, State, Zip Code- Telephone No. : Fax No- Email Address of Contact Person- Position/Title of Contact Person- Ownership Status - Is the company currently for sale or involved in any transaction to expand or to be acquired by another business entity? If yes, please explain the impact to the organization and management efforts. Age of Organization — In continuous business since- Leadership - List Corporate Officers, Principals, Partners or owners of your Organization with titles and addresses. If a publicly held company, list Chairman of the Board, CEO, and President: Federal Identification No.- State of Incorporation & Registration No.- If not a corporation, explain your status- JOINT BIDDING, CO-OPERATIVE PURCHASING AGREEMENT: Will extend same price, terms, and conditions of this bid to other CRAs; Palm Beach, Martin, and Broward County governmental entities and agencies. ❑ Yes ❑ No 01467267-1 46 Professional References- Provide three (3) verifiable professional references- Contact Name/Company Scope of Work/Contract Dates of Address/Telephone/Email Amount Services 1. 2. 3. Legal History- Has Bidder been involved with any litigation within the past four (4) years? ❑ Yes ❑ No If Yes, list all civil and criminal legal actions as required by the Invitation to Bid in a separate attachment in the following format- Case Number Description State Disposition 01467267-1 47 ATTACHMENT "I" SCHEDULE OF SUBCONTRACTORS Bidder(s) are to submit a detailed listing of any subcontractor participation of any portion of this project for any reason. Attach additional pages if necessary. Project Title: CONTRACT FOR LANDSCAPING MAINTENANCE SERVICES FOR THE PROPERTIES OWNED BY THE BOYNTON BEACH CRA Issuance Date: March 29, 2021 Bidder(s)' Name: Name/Address/Phone Type of Work to Dollar Amount % of Total of Subcontractor be Performed Name: Address- Phone- Name: ddress-Phone-Name: Address- Phone- Name: ddress-Phone-Name: Address- Phone- 01467267-1 ddress-Phone-01467267-1 48 ATTACHMENT "J" CERTIFICATION OF DRUG FREE WORKPLACE PROGRAM I certify that , the Bidder responding to this ITB, maintains a drug-free workplace program, and that the following conditions are met- (1) Bidder publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace; and specifying the actions that will be taken against employees for violations of such programs. (2) Bidder informs employees about the dangers of drug abuse in the workplace, the company's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Bidder gives each employee engaged in providing the commodities or contractual services included in this ITB a copy of the statement specified in Subsection (1). (4) In the statement specified in Subsection (1), Bidder notifies the employee that, as a condition of working in the commodities or contractual services covered under this ITB, he/she will abide by the terms of the statement; and will notify the employer (Bidder) of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 893 or any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) Bidder imposes a sanction on, or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is convicted. (6) Bidder makes a good faith effort to continue to maintain a drug-free workplace through implementation of this Section 287.087, Florida Statutes. As the person authorized to sign the statement, I certify that Bidder complies fully with the above requirements. Authorized Signature- Date Name & Title (typed) 01467267-1 49 ATTACHMENT"K" LOCAL BUSINESS PREFERENCE CERTIFICATION STATEMENT When seeking local business preference status, a Bidder must complete and file a written statement as follows- WRITTEN STATEMENT REQUESTING LOCAL BUSINESS STATUS [OFFICER OF COMPANY] Under penalty of perjury, I certify- I am an authorized representative of [NAME OF COMPANY] (Bidder)and on behalf of the Bidder request that it be deemed to be a local business for purposes of the ITB. The following answers accurately reflect the status of the business seeking local preference. Answering yes to question 1 and question 2 will qualify the business as a local business. In support of this request I certify the following information as being true and correct- Name of Business (1) Is the business located Yes No Number of Years- within the City limits of Boynton Beach, Florida? (2) Does the business have a Yes No Business License Number- business tax receipt issued in the current year? (3) Is the business registered Yes No with the Florida Division of Corporations? I understand that misrepresentation of any facts in connection with this request may be cause for disqualification of this bid. I also agree the Bidder is required to notify the BBCRA in writing should it cease to qualify as a local business. Bidder's Signature Print Name Title Date 01467267-1 5 0 ATTACHMENT "L" INSURANCE REQUIREMENTS Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall, at his/her/its own expense, provide and maintain in force, until all of its services to be performed under the Standard Form of Agreement have been completed and accepted by the BBCRA(or for such duration as it otherwise specified herein), the following insurance coverages- A. Worker's Compensation Insurance to apply to all of the Contractor's employees in compliance with the "Worker's Compensation Law" of the State of Florida and all applicable Federal Laws. Employer's Liability with limits of$100,000 per person, $500,000 per occurrence and $100,000 per each disease. B. Comprehensive General Liability with minimum limits of one million dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and $1,000,000 minimum Property Damage Liability. Additionally, coverage shall also include $1,000,000 aggregate on products and completed operations- $2,000,000 general aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements other than ISO Endorsement GL 21 06, as Filed by the Insurance Services Office and must include- 1. nclude-1. Premises and/or Operations 2. Independent Contractors 3. XCU Coverages. 4. Broad form Contractual Coverage applicable to this specific contract, including any hold harmless and/or indemnification agreement. 5. Personal Injury Coverage with employee and contractual exclusions removed. C. Business Automobile Liability with minimum limits of three hundred thousand dollars ($300,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office and must include- 1. nclude-1. Owned Vehicles 2. Hired and Non-Owned Vehicles 3. Employers' Non-Ownership D. The BBCRA and The City of Boynton Beach shall be named as an additional insured on the Contractor's policies and a waiver of subrogation shall be provided for all policies. Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue, 4t" Floor Boynton Beach, FL 33435 City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 01467267-1 5 1 ATTACHMENT "M" CERTIFICATION OF NON-SCRUTINIZED ENTITY , as Bidder, hereby certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, and is not engaged in a boycott of Israel. If the BBCRA determines that this certification is falsified or contains false statements, or that Bidder is placed Scrutinized Companies that Boycott Israel List or engages in a boycott of Israel after the submittal of the bid or the execution of any agreement arising out of this ITB, the BBCRA may disqualify the bid and/or terminate the agreement. Bidder Name By- Authorized Representative of Bidder Date- STATE OF COUNTY OF THE FOREGOING INSTRUMENT was acknowledged before me this day of 20217 by who is personally known to me or who has respectively produced as identification and did not take an oath. Notary Public- Print Name- Commission No- (Seal) My Commission Expires- 01467267-1 52 ATTACHMENT "N" AUTHORIZATION FOR RELEASE OF INFORMATION To whom it may concern- The undersigned hereby authorizes you to release to the Boynton Beach Community Redevelopment Agency (BBCRA) or the City of Boynton Beach any information in your possession regarding the undersigned either of a professional or personal nature including the statement of your opinions with regard to the undersigned's professional credibility and personal character, or of the bidder identified below. The undersigned also authorizes you to release to the Boynton Beach Community Redevelopment Agency (BBCRA) or the City of Boynton Beach any information in your possession regarding the business identified as "bidder" below. By- STATE OF COUNTY OF THE FOREGOING INSTRUMENT was acknowledged before me this day of 2021, by who is personally known to me or who has respectively produced as identification and did not take an oath. Notary Public- Print Name- Commission No- (Seal) My Commission Expires- Name- Home xpires-Name-Home Address- Home Telephone Number- Business Telephone Number- Fax Number- Date of Birth- Professional License Number- Bidder (Business) Name- 01467267-1 5 3 ATTACHMENT "O" STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR THIS AGREEMENT ("Contract") made by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (hereinafter called "Owner"), and a Florida Corporation, with a business address of (hereinafter called "Contractor"). Collectively, Owner and Contractor may be referred to as the Parties, and individually as Party. WITNESETH- In consideration of the mutual covenants, promises, and consideration hereinafter set forth, the sufficiency of which both Parties hereby acknowledge, Owner and Contractor agree as follows- Article 1. Work. 1.1 The Contractor will perform work as shown in the "Scope of Work", which is attached to this Contract as Exhibit "A", and incorporated herein by reference. The Invitation to Bid issued by Owner attached hereto as Exhibit "B" and Contractor's bid in response to the Invitation to Bid attached hereto as Exhibit "C," are also incorporated herein by reference. 1.2 Contractor shall perform the Scope of Work (also referred to as "Work") as identified in Exhibit "A" attached hereto and made a part hereof, for four (4) years, commencing on , 2021 and ending on , 2025. This Contract may be renewed for three (3) additional one-year term upon the execution of a written amendment to this Contract by both parties. 1.3 Contractor shall provide a monthly maintenance schedule in a format acceptable to Owner for the Scope of Work identified in Exhibit "A." The maintenance schedule shall be updated by Contractor throughout the term of the Contract. 1.4 Contractor shall furnish all services, labor, equipment, and materials necessary and as may be required for the Work or in the performance of this Contract, except as otherwise specifically provided for herein, and all work performed under this Contract shall be done in a professional manner. 1.5 Contractor hereby represents to Owner, with full knowledge that Owner is relying upon these representations when entering into this Contract with Contractor, that Contractor has the expertise, experience, equipment, capability, and manpower to perform the Work. All of the Work shall be performed by the Contractor, or under Contractor's supervision, and all personnel engaged in performing the Work shall be fully qualified, competent, and, if required, licensed or permitted under state and local law to perform such work. 1.6 Contractor hereby represents to Owner that Contractor is properly licensed by the applicable federal, state, and local agencies to provide the Work under this Contract. Furthermore, Contractor agrees to maintain such licenses as may be necessary to perform the scope of work during the term of 01467267-1 54 this Contract. If Contractor's license is revoked, suspended, or terminated for any reason by any governmental agency, Contractor shall notify the Owner immediately. 1.7 Contractor hereby agrees to conduct all Work and services under this Contract in accordance with all the applicable federal, state, City of Boynton Beach, Owner, Palm Beach County, and local laws, rules, ordinances, or regulations. A violation of any federal, state, City of Boynton Beach, Owner, Palm Beach County, or local law, rule, ordinance, or regulation may be considered a breach of this Contract, allowing the Owner to terminate this Contract. Article 2. Owner's Representative. 2.1 The Owner's Representative for this Contract shall be the BBCRA's Assistant Director, or designee. 2.2 The Owner's Representative shall have general supervision and direction of the work. He/She has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract. He/She shall also have authority to reject all work and materials which do not conform to the Contract and to decide questions which arise in the execution of the work 2.3 The Owner's Representative shall, upon presentation to him/her, make prompt decision in writing on all claims of the Owner or the Contractor and on all other matters relating to the execution and progress of the work or the interpretation of the Contract. Article 3. Change in Scope of Work. 3.1 The Owner, without invalidating the Contract, may order additions to or deduction from the work in which event, the monthly invoice will be adjusted accordingly. If actual services to be provided differ from the Scope of Work provided for in the attached "Scope of Work," the Owner will pay the Contractor based on an agreed upon price. Any claim for extension of time must be identified and adjusted at the time of ordering such change. Any changes in the Scope of Work and/or the Total Contract Price shall be through the execution of a Change Order signed by both parties. No individual change order shall exceed $10,000 without BBCRA Board approval. Article 4. Subcontractors. 4.1 The Contractor shall, as soon as possible after the signing of the Contract, notify the Owner's Representative in writing of the names of all proposed Subcontractors for the work, said Subcontractors to be subject to the approval of the Owner's Representative. Future addition or replacement of Subcontractors may be allowed subject to approval of the Owner's Representative. 4.2 The Contractor agrees that he is as fully responsible to the Owner for the acts and omission of his Subcontractors and of persons either directly or indirectly employed by them, as he/she/it is for the acts and omissions of persons directly employed by them. 01467267-1 5 5 4.3 Nothing contained in the Contract shall create any contractual relation between any Subcontractor and the Owner. Article 5. General Conditions 5.1 The Contractor shall protect all materials and workers against injury from any cause and shall provide and maintain all necessary guards for the protection of the public. He shall be held responsible for his negligence in the prosecution of the Work. 5.2 Upon completion, all debris and waste materials resulting from operations shall be removed from the project and disposed of legally by the Contractor. 5.3 This Contract does not create an employee/employer relationship between the parties. It is the intent of the parties that the Contractor is an independent contractor under this Contract and not the Owner's employee. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to Work or services rendered under this Contract shall be those of Contractor, which policies of Contractor shall not conflict with Owner or State policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the Owner, that it has full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Contract shall not be construed as creating any joint employment relationship between the Contractor and the Owner and the Owner will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. Article 6. Compensation; Form of Payment. 6.1 Contractor will submit an invoice every month in the amount of$ for Work completed the previous month. Owner will pay Contractor within 30 days of receipt of Contractor's invoice and in accordance with the Local Government Prompt Payment Act, Section 218.70, et al., Florida Statutes. The amount of the invoice and payment shall not change, unless another amount is agreed to in writing by both parties, or unless the amount is changed pursuant to another provision of this Contract. Reasons for change in invoicing and payment include, but are not limited to, changes in scope of work, claims for extra cost, default or breach of Contractor, and incomplete or incompetent work. All Payments shall be in the form of an Owner's check made payable to the Contractor. No payment made under this Contract shall be conclusive evidence of the performance of this Contract by the Contractor, either wholly or in part, and no Payment shall be construed to be an acceptance of or to relieve the Contractor of liability for the faulty or incomplete rendition of the Work. Article 7. Claims for Extra Cost. 7.1 If the Contractor claims that any instructions issued after the date of the Contract involves extra cost under the Contract, he shall give the Owner's Representative written notice thereof within two (2) days after the receipt of such instructions, and in any event before proceeding to execute the requested work. In cases of an emergency endangering life or property, the procedure shall then be as provided 01467267-1 5 6 for in Article 3 Changes in the Scope of Work. No such claim for additional work shall be valid unless made in conformance with this Contract. 7.2 Extra work not included in Article 1 of this Contract, but authorized after the date of the Contract that cannot be classified as within the scope of work may be done at mutually agreed price, or on a lump sum basis. Article 8. Insurance Coverage. The Contractor shall obtain all insurance required by the Owner and provide proof thereof prior to performing the work, and include in such proof the Certificate of Insurance. The Owner and the City of Boynton Beach shall be named as an additional insured on the Contractor's policies (including products) with respect to liability arising out of work performed by the Contractor or acts or omission of the Contractor in connection with the work or this Contract. A waiver of subrogation shall be provided for all policies. All Insurance must remain in force for so long as is necessary to cover any occurrence relating to, resulting from, or arising out of this Contract or the work performed as a result of this Contract. The following information must be included in the Certificate of Insurance for the additional insured- Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue, 4t" Floor Boynton Beach, FL 33435 City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 8.1 Worker's Compensation Insurance to apply to all of the Contractor's employees in compliance with the "Worker's Compensation Law" of the State of Florida and all applicable Federal Laws. In addition, the policy must include Employer's Liability with limits of $100,000 per person, $500,000 per occurrence and $100,000 per each disease. 8.2 Comprehensive General Liability with minimum limits of one million dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and $1,000,000 minimum Property Damage Liability. Additionally, coverage shall also include $1,000,000 aggregate on products and completed operations; $2,000,000 general aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements other than ISO Endorsement GL 21 06, as Filed by the Insurance Services Office and must include- a. Premises and/or Operations b. Independent Contractors C. XCU Coverages. d. Broad form Contractual Coverage applicable to this specific contract, including any hold harmless and/or indemnification agreement. e. Personal Injury Coverage withemployee and contractual exclusions removed. 01467267-1 5 f. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide the Boynton Beach Community Redevelopment Agency with thirty (30) days written notice of cancellation and/or restriction. 8.3 Business Auto Policy. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance service Office and must include- a. Minimum Limits of$300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b. Owned Vehicles. C. Hired and Non-Owned Vehicles. d. Employee Non-Ownership. e. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide the Boynton Beach Community Redevelopment Agency and the City of Boynton Beach with thirty (30) days written notice of cancellation and/or restriction. Article 9. Indemnification; Waiver. 9.1 The Contractor shall indemnify, save, and hold harmless the Owner, the City of Boynton Beach, and all Owner and City of Boynton Beach agents, officers, and employees from any liability, claim, demand, suit, loss, cost, expense or damage (including attorneys' fees, such as attorneys' fees at the trial and appellate levels) which may be asserted, claimed, or recovered against or from the Owner, its agents, or its employees, by reason of any property damages or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to the negligent or wrongful conduct or the faulty equipment (including equipment installation and removal) of the Contractor. Nothing in this Contract shall be deemed to affect the rights, privileges, and sovereign immunities of the Owner or the City of Boynton Beach as set forth in Section 768.28, Florida Statutes. This paragraph shall not be construed to require Contractor to indemnify the Owner for its own negligence, or intentional acts of the Owner, the City of Boynton Beach, or the Owner or City of Boynton Beach officers, 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. 9.2 Owner shall not be responsible for any property damages or personal injury sustained by the Contractor from any cause whatsoever related to the Work or this Contract, whether such damage or injury occurs before, during, or after the Work or termination of this Contract. The Contractor hereby forever waives, discharges, and releases the Owner, its agents, and its employees, to the fullest extent the law allows, from any liability for any damage or injury sustained by the Contractor. Article 10. The Owner's Right to Terminate Contract. 10.1 Contractor's failure to perform or comply with the provisions set forth in this Contract shall constitute a default and breach of this Contract. Examples of failure to perform include but are not limited to- failure to complete Work by a deadline (except in cases for which extensions of time are provided); failure to supply enough properly skilled workman or proper materials to completely perform the Work; failure to make prompt paymentsto Subcontractors or for materials or labor; violating or 01467267-1 5 8 disregarding laws, ordinances, or the instructions of the Owner's Representative; and otherwise failing to completely or competently perform the Work. If a default or breach should occur, Owner's Representative may, without prejudice to any other right or remedy, terminate this Contract by providing seven days' written notice to Contractor that sufficient cause exists to justify terminating this Contract, and require that Contractor stop all work. In such cases the Contractor shall not be entitled to receive any further payment. 10.2 Owner may terminate this Contract if the Contractor should be adjudged bankrupt, if the Contractor should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of Contractor's insolvency. 10.3 Notwithstanding the other provisions in this Contract, the Owner reserves the right to terminate the Contract at any time upon providing thirty (30) days written notice to the Contractor. 10.4 If Contractor fails to adequately perform the Work, Owner may, but is not obligated to, substitute another contractor for Contractor to perform the Work as required by this Contract. Article 11. Contractor's Right to Stop Work or Terminate Contract. 11.1 If the work should be stopped under an order of any court, or other public authority for a period of three months, through an act or fault of the Contractor or of anyone employed by him, or if the Owner fails to make a payment within thirty days after it is due, then the Contractor may, upon seven days' written notice to the Owner and the Owner's Representative, stop work or terminate this Contract and recover from the Owner payment for all work executed, plus any loss sustained upon any plant or materials. Article 12. Miscellaneous 12.1 The OWNER and the CONTRACTOR each binds himself, his partners, successors, assigns, and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the Contract. 12.2 Public Records. The Owner is a public agency subject to Chapter 119, Florida Statutes. Contractor shall comply with Florida's Public Records Law. Specifically, Contractor shall: a. Keep and maintain public records required by the Owner to perform as described in this Contract. b. Upon request from the Owner's custodian of public records, provide the Owner with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if Contractor does not transfer the records to the Owner. d. Upon completion of the contract, transfer, at no cost, to the Owner all public records in possession of Contractor or keep and maintain public records required by the Owner to 01467267-1 5 9 perform the service. If Contractor transfers all public records to the Owner upon completion of the contract, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Contractor keeps and maintains public records upon completion of the contract, Owner shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Owner, upon request from the Owner's custodian of public records, in a format that is compatible with the information technology systems of the Owner. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (561) 737-3256; 100 E. Ocean Avenue, 4t" Floor, Boynton Beach, Florida 33435; or Simon The Contractor also understands that Owner may disclose any document in connection with performance of the Work or this Contract, so long as the document is not exempt or confidential and exempt from public records requirements. 12.3 Legal Representation; Jointly Drafted. The Parties declare that the terms of this Contract have been read and are fully understood. The Parties understand that this is a binding legal document, and it is further acknowledged that each Party has been advised to seek legal representation concerning the matters herein and had the opportunity to be represented by counsel in the preparation of this Contract. Accordingly, the rule that a contract shall be interpreted strictly against the party preparing same shall not apply herein. This Contract 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. 12.4 Records. Contractor shall keep such records and accounts and require any and all subcontractors to keep records and accounts as may be necessary in order to record complete and correct entries as to personnel hours charged to this engagement, and any expenses for which Contractor expects to be reimbursed. Such books and records will be available at all reasonable times for examination and audit by Owner and shall be kept for a period of three (3)years after the completion of all work to be performed pursuant to this Contract. Incomplete or incorrect entries in such books and records will be grounds for disallowance by Owner of any fees or expenses based upon such entries. 12.5 Assignments; Amendments. Contractor shall not assign, transfer or otherwise encumber, under any circumstances, this Contract or any interests herein without the prior written consent of Owner. For purposes of this Contract, any change of ownership of Contractor shall constitute an assignment which requires Owner approval; otherwise, Owner may, at its option, terminate this Contract with no further liability. However, this Contract shall run to the Owner and its successors and assigns. It is further agreed that no modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed by all parties to this Contract. 12.6 No Contingent Fees. Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor to solicit or secure this Contract, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for Contractor any fee, commission, percentage, gift, 01467267-1 60 or other consideration contingent upon or resulting from the award or making of this Contract. For the breach or violation of this provision, the Owner shall have the right to terminate the Contract without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 12.7 Notice. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended and the remaining party, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present, the Contractor and the Owner designate the following as the respective places for giving of notice- Owner- Michael Simon, Executive Director Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue, 4t" Floor Boynton Beach, FL 33435 Telephone Number (561) 600-9091 Facsimile Number (561) 737-3258 Copy To- Lewis Longman & Walker, P.A. Tara Duhy, Esq. 515 North Flagler Drive Suite 1500 West Palm Beach, Florida 33401 Telephone Number (561) 640-0820 Contractor- Contractor name and address Telephone Number Facsimile Number 12.8 Binding Authority. Each person signing this Contract on behalf of either party individually warrants that he or she has full legal power and has been duly authorized to execute this Contract on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Contract. 12.9 Exhibits. Each Exhibit referred to in this Contract forms an essential part of this Contract. The exhibits if not physically attached should be treated as part of this Contract and are incorporated herein by reference. In the event of a conflict between the portion of this Contract above the signatures and an exhibit, the terms of the portion of the Contract above the signatures shall prevail. 12.10 Severability. If any provision of this Contract or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Contract, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 01467267-1 6 1 12.11 Governing Law; Venue. This Contract 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 for conflict of law principles. Venue and jurisdiction for all purposes shall be in in Palm Beach County, Florida, to which the Parties expressly agree and submit. 12.12 Extent of Contract. This Contract represents the entire and integrated Contract between the Owner and the Contractor concerning the subject matter herein and supersedes all prior and contemporaneous negotiations, representations, understandings, or agreements, of any kind or nature, either written or oral. 12.13 Waiver. Failure of the Owner to insist upon strict performance of any provision or condition of this Contract, or to execute any right therein contained, shall not be constructed as a waiver or relinquishment for the future of any such provision, condition, or right, but the same shall remain in full force and effect. Owner may, in its sole and absolute discretion, waive any requirement of the Contractor contained in this Contract, but such waiver shall be deemed effective only if the waiver is in writing executed by all Parties. 12.14 Attorney's Fees. In the event that either party brings suit for enforcement of this Contract, the prevailing party shall be entitled to attorney's fees and court costs, including those at both the trial and appellate levels, in addition to any other remedy afforded by law. 12.15 Protection of Property. At all times during the performance of this Contract, the Contractor shall protect the Owner's property from all damage whatsoever related to the work being carried on under this Contract. 12.16 Counterparts and Transmission. To facilitate execution, this Contract 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. 12.17 No Discrimination. The Contractor shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Contract. 12.18 Survival. The provisions of this Contract regarding indemnification, waiver, insurance, records, public records, binding authority, shall survive the expiration or termination of this Contract and remain in full force and effect. 12.19 Effective Date and termination. This Contract will become effective at the date and time that the last party signs this Contract. Unless earlier terminated pursuant to this Contract, this Contract will automatically terminate after receipt of Contractor's last invoice (which shall be dated no later than ) and payment by the Owner, or on 2025 whichever occurs 01467267-1 62 later. Nothing in this paragraph shall be construed so as to affect the Owner's right to cancel or postpone the Work pursuant to this Contract. 12.20 Non-Scrutinized Company. Contractor hereby certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, and is not engaged in a boycott of Israel. If the BBCRA determines that this certification is falsified or contains false statements, or that Contractor is placed Scrutinized Companies that Boycott Israel List or engages in a boycott of Israel after the execution of the Contract, the BBCRA may terminate the Contract. 12.21 E-Verify. Contractor warrants for itself and its subcontractors that Contractor and all subcontractors are in compliance with all federal immigration laws and regulations that relate to their employees. The Contractor agrees and acknowledges that the BBCRA is a public employer that is subject to the E-verify requirements as set forth in Section 448.095, Florida Statutes, and that the provisions of F.S. Sec. 448.095 apply to this Contract. Notwithstanding any other provisions in this Agreement, if the BBCRA has a good faith belief that Contractor has knowingly hired, recruited or referred an alien who is not duly authorized to work by the immigration laws or the Attorney General of the United States for employment under this contract, the BBCRA shall terminate the contract. If the BBCRA that has a good faith belief that a subcontractor knowingly hired, recruited or referred an alien who is not duly authorized to work by the immigration laws or the Attorney General of the United States for employment under this Contract, the BBCRA shall promptly notify Contractor and order Contractor to immediately terminate the contract with the subcontractor. Contractor shall be liable for any additional costs incurred by the BBCRA as a result of the termination of a contract based on Contractor's failure to comply with E-verify requirements referenced herein. IN WITNESS WHEREOF the parties hereto have executed this Contract the day and year written below. OWNER- Boynton Beach Community Redevelopment Agency Steven B. Grant, Chairman Date- STATE OF FLORIDA ) COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this day of 20 by Steven B. Grant, as Chairman of the Boynton Beach Community Redevelopment Agency, who is personally known to me. NOTARY PUBLIC My Commission Expires- SIGNATURES CONTINUED ON NEXT PAGE. 01467267-1 63 CONTRACTOR- By- Print ONTRACTOR-By-Print Name- Title- Date- STATE ame- Title-Date-STATE OF FLORIDA ) COUNTY OF ) BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared , as authorized to do business in the State of Florida, and acknowledged executed the foregoing Contract as the proper official of , for the use and purposes mentioned in it and that the instrument is the act and deed of that company. 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 20 NOTARY PUBLIC My Commission Expires- 01467267-1 64 QN, ci Z 00 V) ND ou ZL.0 00 WIN V, CC,, cA n a 4-- CL <IO z" 1;1., 1 Ld uj V it o hl ZLLJ IOU, f 4 P4 NC:) CC rA `�It e22 ® �"t ` ' Preston Searls Vincent David Property Works ',. Cell: 581-960-5779 :` ._..E Off:1.877.809A714 1201 Roebuck Court West Palm Beach,FL 33401 David@Vand aLandscaping.c€am www.propertyworksonline.net sex hia 561.805.8687 c efl;561.262.3567 fim 561.805.8688 + r - a tit V&S Landscaping Robert Sneed s Vice President-Business Development WiRial'7 ALbel' rsneed@mainguy.com Cell: 561-360-5778 K 1855 South Flamingo Road Off: 1.877.809.1714 �' Davie,Ft.33325 , Office 877.741.3030 W!Lliam@VandSLandscaping.com i Direct 954.829.3421 4 ` m web www.mainguy.com MAINGUY LANDSCAPE SERVICES A t! 0 1 .�G�uat ' o o • . o. 954-336-7353 ANCN0R5d.AN@ATT.NFT •.. ® 7 ,f MAINTENANCE INQ 11 Nt 91,as Pegl,'no � V,011: 56'L60177,88 tt:'l + � [ � 5Mr a 1 NANctJ.5 11rr Nlchola aFreshSt6rtMa'1nte 00 , a .V Wit propert orks facilities maintenance y wx ..;..wL, s:arV14 �iQC+vi�PtLS L'AM/tj M0. 13W GERANIUM PLACE WELLINGTON, FL. 33414 - OHIO . . • • - Ju2k � 4 BOY BEA H "s COMMUNFY REDEVELOPMENT AGENCY ADDENDUM NO. 1 TO INVITATION TO BID (ITB) TO TO PERFORM LANDSCAPE MAINTENANCE SERVICES ON PROPERTIES OWNED BY THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY April 15, 2021 TO ALL PROPOSERS AND OTHERS CONCERNED The Boynton Beach Community Redevelopment Agency ("BBCRA") has published an Invitation to Bid (ITB), dated March 29, 2021, for the landscape maintenance services on BBCRA- owned properties. The intent of this Addendum is to address errors and clarify other aspects of the ITB. Applicants responding to the ITB shall take note of the following changes, additions, deletions, clarifications, etc., to the ITB which shall become a part of and have precedence over anything shown or described otherwise. Question 1: Can you provide the previous bid tabulations? Answer: Yes, please see attached. Question 2: Are bidders responsible for any clearing or scrubbing of vegetation for the new properties the BBCRA will be acquiring in the future? Answer: Since the conditions of future properties are unknown at this time, each new property to be added to the scope of this contract will be evaluated by the BBCRA and will require an estimate from the successful bidder/contractor after acquisition by the BBCRA. Question 3: Map #CO2 —211 E. Ocean Avenue property - Are the bidders responsible for the landscaping within the alley along the north property line? Answer: Only mowing is included in the scope of the ITB. The two mango trees located in the alley would be considered additional work and would require an estimate for trimming. Question 4: The ITB indicates no red mulch and no cypress mulch is allowed? Is there flexibility with this? Answer: There is only flexibility with the cypress mulch which would require written approval from the BBCRA. Question 5: Are the bidders responsible for the irrigation maintenance? 00904109-2 Addendum No. 1 Answer. Please refer to Section 3.E of Attachment "A," Irrigation Wet Check and Section 3.F of Attachment "A,"Irrigation Repairs - Page 19 of the ITB. Question 6: CO1 — Boynton Harbor Marina, 110 NE 6th Street and 725 Casa Loma Boulevard — Since landscaping is maintained by separate condo owners, will irrigation plans be available to bidders to assess if there is overlapping of zones for irrigation checks? Answer. Irrigation plans can be provided however, they may be outdated. CRA Staff will meet with Successful Bidder at all sites containing irrigation to physically identify meter locations and zones, etc. END OF ADDENDUM No. 1 00904109-2 Addendum No. 1 0 E O v n 0 o c " ° U a a a N, > > > > > > > > a a a Y •�= Z Z Z X Z Z Z C ` G O m Y O O E r O +ten � O O C E O O 00 v� 4 x — Q Q Q O X m Z Z Z of x I� N O UO O � a o o voi � m Z N G p W - o• ° v o > > > > > > > > m z > > of x N X UO � ° cli m �O Z m rj 0 d m 9 O d o, w O 4 d v N O op - N 4 x m Z z H Z 0 c x rrt M O Z ry o W Z N O O V O y F m Z Q W N V o o• 0 0 Q m Q u ro Z Dm d N W V -10 ry H Z Z O g ° c o v x > > > > > > > > s z z Wa N c ro o ua ,^ o0 o a V G ZC_ ry J > u 0 � o m I Ni w c u O o . 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"C_ RA COMMUNITY REDEVELOPMENT AGENCY ISSUE DATE: March 29, 2021 MANDATORY PRE-BID CONFERENCE: April 12, 2021, 10:00 A.M. (EST) REQUEST FOR INFORMATION DEADLINE: April 26, 2021, 5:00 P.M. (EST) SUBMISSION DEADLINE: May 13, 2021, 2:00 P.M. (EST) 01467267-1 BID PRICE PROPOSAL BREAKDOXVN SCOPE OF WORK - CATEGORY ONT: Improved Properties onthly Amount Per Service ' I tt�t } i tt t tti , „ ,,. „,t; ,-... � .„c ,+ not i t ,,„� ,, ,, • " �,, � VI �',�t aS,t7t,�r1{;a„t 110 ME 6th Street 08-43-45-27-03-000- -Marina Entry 0132 8 08-43-45-27-60- t p CO1 Tower 8 725 003-0000 8 08-43-45- $ $q . $5,1, $ $ . Casa Loma Blvd. 27-03-000-0071 8 08- Open Space, 43-45-27-03-000-0041 Median 8 Ha bor PC 211 E-Ocean 08-43-45-28-03-004- CO2 Avenue 0130 $ d " .,,� sjqo, is r x�,, { ssts �s 'rrli tti l'� rt4 £st£t6t ter- it YYt s� s r CO3 115 M_Federal 08-43-45-28-03-006- $ - 4 $ $ °$. 2 cz$ Highway 0010 try x .. t t1 Tr sf P'ttt i} t rt u r s z 44� \r Jtj�l �t,� 7j 12171 t t1t 1 £ a� i 1 £ 1£5 , , 012�,ii ;�} [�,tlir t i ,,.,.;.„2t.+,r, °yt,r?t;I ME 4th Street 8 08-43-45-28-03-001- 004 ME Ist Avenue 0080 8 08-43-45-28- $ . ' $l $52 $ $ , 03-001-0100 401-411 E_ 08-43-45-21-18-000- CO5 Boynton Beach 0060 8 08-43-45-21-18- S $ r $ $ n $ Blvd. 000-00518 08-43-45- l 21-18-000-0040 TOTAL $I $ C I $ r $ U '_ Lisp ,The undersigned,having farrfffarized themselves with the local conditions affecting the cost of the work, - with the Specifications(inc6ding Invitation to Bid,Instructions to Bidders,this bid,the Standard Form ofAgreement,and the Scopes of Work)and Addenda,if any thereto,on file in the office of the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY,at 100 E.Ocean Avenue,4th Floor,Boynton Beach,Florida,hereby proposes to furnish al labor, to ' ls, equipment and services required, al in accordance therewith, for the,sum of _ rs( )on a nwant Sbasis, for the Work outlined in this Bid Prue Proposal Breakdown-MonthlyAmutPer for the maintenance of the properties listed in this Scope of Work and attached to the Standard Form of Agreement Between Owner and Contractor as Attachment'A*. id er's Signature } Alw En's hie Title 2-1 Date 01467267-1 22 BID PRICE PROPOSAL BREAKDOWN SCOPE OF WORK - CATEGORY OIN7E: Improved Properties .4nnuaL Amount Per Service (4 times peryear) XA z 7 M, 000 110 NE 6th Street 08-43-45-27-03-000- -Marina Entry 0132&08-43-45-27-60- col Tower& 725 003-0000 & 08-43-45- 3 t Casa Loma Blvd. 27-03-000-00716 08- -Open Space. 43-45-27-03-000-0041 Median Zi Harbor IX 211 E-Ocean 08-43-45-28-03-004- CO2 s621:1? s)q5- 38 Avenue 0130 Z CO3 115 N.Federal 08-43-45-28-03-006- s&2q.1V u Is/ L) Highwag 0010 p�, ,,,+{.,, g 01, X, %9 W"U, 111:1,,;,;........ NE 4th Street 08-43-45-28-03-001- WP C04 Y s q5-� $ NE 1st Avenue 0080&08-43-45-28-031 V?V MNVI�111�11011 0 "01, 401-411 E 08-43-45-21-18-000- 005 Boynton Beach 0060 &08-43-45-21-18- q. 7 $ 16K s/ 0) 6" Blvd. 1000-0051&09-43-45-21- 'TOTALI ' `-76, The undersigned,having familiarized themselves with the local conditions affecting the cost of the work,with the Specifications(including Invitation to Bid,Instructions to Bidders,this bid,the Standard Form of Agreement,and the Scopes of Work)and Addenda,if any thereto,on file in the office of the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY,at 100 E. Ocean Avenue,4th Floor,Boynton Beach,Florida,hereby proposes to furnish all labor,materials,equipment and services required,all in accordance therewith,for the sum of 4 :2 0 f. 3!0 , go Dollars($ S', 077 '70 )annuafly,for the work outlined in this Bid Price Proposal Breakdow n- for the maintenance of the properties listed in this Scope of Work and attached to the Standard Form of Agreement Between Owner and Contractor as Attachment =An. --A -A ............ ,1§idderls Sij6atur . I- LT-Ald A.LJ P'r'?t Name TLA2;,044- Title_ 6 10 -ZA Date 01467267-1 23 BED PRICE PROPOS-41 BREAKDOWN SCOPE OF WORK-CATEGORY TWO: Vacant Lots monLhlt AmountPer Service 41 X Z11TW" P , M 66 A P_ T j N .......... r4TV T CT1 Cottage District-18 PCWs attached to Map • q I't CA, • 93 ). Vqf acant Lots-NE 4th& R, Tit 7— "Ji, 4 T, 112 Lot 11&12 E MLK_ 06-43-45-21-25-001-0110 $ 2.27. 31 is 75% Blvd. 10th Avenue- 4 NE 08-43-45-21-04-000-0140 $2,27� 31 -7 5� oo 73jq� 1E MLK Blvd. !$ $ 308 E MLK Blvd. 0"3-45-21-04-000-0130 $ 2 Z_j _31 S :2-5- "o $ -If Lx.? CT2 Lot 10 NE 10th Avenue- 06-43-45-21-04-000-0100 5) $ _7�_w $ 1 57� 1.0 E MLK BI d. I$ Z 2 7. 9-31 r6 Lot 8 NE 10th Avenue-E 08-43-45-21-04-000-0080 ZZ 7 La $ MLK Blvd. Lot 7 NE 10th Avenue-E 08-43-45-21-04-000-0070 '31 67- C20 MLK Blvd. 61'11�1it A'11'1t11`111:71 211 NE 9th Avenue 08-43-45-21-18-000-11700 $ .1-72, - 1 V $16 ` 1 T 37 231 NE 9th Avenue 06-43-45-21-18-000-1650 $ 9 2 2 235 NE 9th Avenue 08-43-45-21-18-000-1640 $ _Z-7-2 -7 6' CT3 Lots 154,155&156 NE 08-43-45-21-18-000-15407. 1A w 76 J3 k 9th Avenue 1001 N. Railroad Avenue&NE 9th 08-43-45-21-18-000-1510 ,77 U40 402 NW 12th Avenue 06-43-45-21-,14-000-4150 $ 2-72, 2f ? 1 '7 5 1110-1102 N. Federal 08-43-45-21-32-002-0211& $ -7 HygLhw#2. 08-43-45-21=29-OOZ-0201 Z,_7Z"IS 5, $ 33� If . . ............ CT4 407 NE 1st Street 08-43-45-21-30-002-0231 5 $ 231 08-43-45-21-30-001-011 & 106 NE 3rd Street 06-43-457Z!7-30-001-01 ID )--72-, -7 5. $' 93),- 545 NW 11th Avenue 08-43-45-211-14-000-3580 t$ � I I TZ;...................... TOTAL_I It V,-7-7 S,ST 1$ 1, 15 '-'1$ Ij A/3_ The undersigned, having farrNarig ed the elves with the local conditions affecting the cost of the work, with the Sued at n (including invitation to Bid, Instructions to Bidders,this bid,the Standard Form of Agreement. and the Scopes of Work)andAddenda, if any thereto, on ble in the office of the BOYNTON BEACH COMMUNITY REDEVELOPIAENT AGENCY, at 100 E. Ocean Avenue, 4th Floor, Boynton Beach, . Florida, hereby propo esto furaj" h all labor, materials, equipment and services required, all in accordance therewith, for the sum of - q Dollars(S 3 32-3� 8''7 )on a basis, for the work outlined in this Bid Price Proposal BreakdDw'n-Monthiy Amout Per Service for the mai6tenance of the properties fisted in this Scope of Work and attached to the Standard Forris of Agreement Between Owner and Contractor as Affachment V, < 7/- J Bjpefs signature P r,p �j rne, " Wlsi 0 iTT-)0-2,1 Date 01467267-1 32 ATTACHMENT "C" SITE INSPECTION CONFIRMATION Project Title: Landscape Maintenance for Category One: Improved Properties SAAR as an authorized agent of (Name and Title of CompanyRepresentative) ( e_'. (hereinafter called the Bidder) located at (Name of Company) 1;10 ) ts8ua_ cr - hereby certifies that on gj i I , 2021, Bidder(s) or Bidder(s)' representative personally visited the following Project sites: 1. Boynton Harbor Marina 2. 211 E. Ocean Avenue 3. Public Parking Lot- 115 N. Federal Highway 4. 2 Public Parking Lots-NE 4m Street & NE 1St Avenue 5. 401-411 E. Boynton Beach Blvd. and has carefully examined the existing conditions and reviewed these conditions as they relate to Attachment "A," Scope of Work, Category One: Improved Properties, for the Project prior to submitting his/hertits bid. Bider's Signature Print Name Title -1 / Date 01467267-1 40 SITE INSPECTION CONFIRMATION Project Title: Landscape Maintenance for Category Two: Vacant Lots ZXW Oaf. as an authorized agent of (Name and Title of Company Representative) &w1---A-r1Yww2-AS „XV -m (hereinafter called the Bidder) located at (Name of Company) 126V hereby certifies that on , 2021, Bidder(s) or Bidder(s)' representative personally visited the following Project sites: 1. Large Development Vacant Lots (aka Cottage District) 2. E. Martin Luther King, Jr. Properties 3. NE 9'Avenue 4. Misc. Vacant Lots and has carefully examined the existing conditions and reviewed these conditions as they relate to Attachment "B,” Scope of Work, Category Two: Vacant Lots, for the Project prior to submitting hislhe,rlits bi . r Bid er's Signature Print Name Title S:-- 0 -2- Date Date 01467267-1 4 1 ATTACHMENT "D" ADDENDA ACKNOWLEDGEMENT Receipt is hereby acknowledged of the following addenda to the The Boynton Beach Community Redevelopment Agency Invitation to Bid CONTRACT FOR LANDSCAPING MAINTENANCE SERVICES ON PROPERTIES OWNED BY THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By entering checking YES or NO in the space provided and indicating date received. No. 1 Yes ❑ No Date L1, f . No. 2 ❑ Yes ❑ No Date No. 3 ❑ Yes ❑ No Date No. 4 ❑ Yes ❑ No Date No. 5 ❑ Yes ❑ No Date ITB INFORMATION WAS OBTAINED FROM: ❑ BBCRA Website ❑ Newspaper Ad ❑ City Hall ❑ Other, please specify: w Authorized Signature F„ Print Name . r, 7 kL Title Date 01467267-1 42 BOYNTO "BEACHI'�'CRA Ct-.)MMU1Nffy REDLVELOPMENT AGENCY ADDENDUM NO. 1 TO INVITATION TO BID (ITB) TO TO PERFORM LANDSCAPE MAINTENANCE SERVICES ON PROPERTIES OWNED BY THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY April 15, 2021 TO ALL PROPOSERS AND OTHERS CONCERNED The Boynton Beach Community Redevelopment Agency ("BBCRA") has published an Invitation to Bid (ITB), dated March 29, 2021, for the landscape maintenance services on BBCRA- owned properties. The intent of this Addendum is to address errors and clarify other aspects of the ITB. Applicants responding to the ITB shall take note of the following changes, additions, deletions, clarifications, etc., to the ITB which shall become a part of and have precedence over anything shown or described otherwise. Question 1: Can you provide the previous bid tabulations? Answer. Yes, please see attached. Question 2: Are bidders responsible for any clearing or scrubbing of vegetation for the new properties the BBCRA will be acquiring in the future? Answer. Since the conditions of future properties are unknown at this time, each new property to be added to the scope of this contract will be evaluated by the BBCRA and will require an estimate from the successful bidder/contractor after acquisition by the BBCRA. Question 3: Map #CO2 —211 E. Ocean Avenue property -Are the bidders responsible for the landscaping within the alley along the north property line? Answer. Only mowing is included in the scope of the ITB. The two mango trees located in the alley would be considered additional work and would require an estimate for trimming. Question 4: The ITB indicates no red mulch and no cypress mulch is allowed? Is there flexibility with this? Answer. There is only flexibility with the cypress mulch which would require written approval from the BBCRA. Question 5: Are the bidders responsible for the irrigation maintenance? 00904109-2 Addendum No. 1 Answer. Please refer to Section 3.E of Attachment "A," Irrigation Wet Check and Section 3.F of Attachment "A,"Irrigation Repairs - Page 19 of the ITB. Question 6: COI — Boynton Harbor Marina, 110 NE 6th Street and 725 Casa Loma Boulevard —Since landscaping is maintained by separate condo owners, will irrigation plans be available to bidders to assess if there is overlapping of zones for irrigation checks? Answer. Irrigation plans can be provided however, they may be outdated. CRA Staff will meet with Successful Bidder at all sites containing irrigation to physically identify meter locations and zones, etc. END OF ADDENDUM No. 1 00904109-2 Addendum No. 1 °� x z x an nnnn n -� n _p u v z s Tz ss s Tz v d 3 m m a +o ° . 3 3 3 .3 3C3 3 3 3 3 3 in 3 3 N 'a = > p n w r ry 2 a 1^ 0 < w w 'm 3 d m m c 42 m,.. o ° a oa N d N ry N O Oo n a n i i i i i i a 0 3 � o � H 0 0 A n y H11 � W ID Z d 0 3 m v W D n N 3 Z A O O + pp Z y IS N m W W O Z D D i i x i i t t i i s N N ti i i m rel ` D 8 a 3 m ° m o � � H 2 m A b — C X X W N N i i t i t i i t i i o i t a °. 1111 O O C N O O V O d w 0 3 a o � N oQ N to O \ � m o 'oo I 1 m F p o, o w z z i i i i i i i i z ne i a a, a n n i u � ATTACHMENT "E" ACKNOWLEDGMENT LETTER BIDDER(S) SHALL INCORPORATE THIS ACKNOWLEDGEMENT LETTER IN THEIR BID PACKAGE Re: Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 Project: Invitation to Bid (ITB) dated March 29, 2021 CONTRACT FOR LANDSCAPING MAINTENANCE SERVICES ON PROPERTIES OWNED BY THE BBCRA Bid Price: 1. Category One $ _ Total of monthly services x 12 months 2. Category One: $ 2a, ) Total of annual services 3. Category Two: $ )l � Total of monthly services x 12 months Total Contract Price (sum of 1, 2, and 3 above) $ ' To Whom It May Concern: The undersigned has read the Boynton Beach CRA (BBCRA) Invitation to Bid (ITB) for the above- referenced Project. On behalf of Bidder identified below and our bid team, we agree to and accept the terms, specific limitations, and conditions expressed therein. We have read, rely upon, acknowledge and accept the BBCRA's disclosure and disclaimer, which is fully incorporated by reference into this letter, and certify that all of the requirements as described in the ITB are met and all required documents are enclosed. We agree to be bound by the Bid Price above and as otherwise provided in the bid. We further certify that all information presented in this bid, and all of the information furnished in support of the bid, is true and complete to the best of our knowledge and belief, and we are aware of the fact that making false statements or presenting false information that results in an agreement may be penalized to the maximum extent allowed by law. Sincerely, Name Aut rized Signature Date Print Name and Title 01467267-1 43 ATTACHMENT "F" PUBLIC ENTITY CRIMES STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not: submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity, submit a bid proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; submit bids, proposals, or replies on leases of real property to a public entity; be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; or transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months following the date of being placed on the convicted vendor list. As the person authorized to sign the Statement, I certify that Bidder has not been placed on the convicted vendor list within the past 36 months and complies fully with the above requirements. Bidder N i Al Autherlized Signature Print Name &80P-7- Title -2,1 Date 01467267-1 44 ATTACHMENT "G" LIST OF EQUIPMENT AND PERSONNEL In preparing the tabulation below, the Bidder shall insert the following information under the appropriate heading, using a separate line for each major item and an additional page, if necessary. (a) ITEM: Description of equipment. (b) USE: Description of what the equipment will be used for in the project. (c) AGE AND CONDITION: Original model year of equipment — if equipment has been rebuilt, year of last overhaul. (d) OWNED EQUIPMENT: whether Bidder owns equipment. AGE AND ITEM USE CONDITION OWNED (a) (b) (C) EQUIPMENT Yes/No d y Provide a list of key personnel who will be performing the work for this Project on a separate page in the following format: Name Job Title/Description Years with Phone/Email After . r OLS MAS Company 1- _ Hours Contact 0 11 U -_ Alf&r T-0� 01467267-1 45 1201 Roebuck Court West Palm Beach,FL 33401 proper "N Main: 561.805.8687 O r k S Fax: 561.805.8688 Facilities maintenance Euiment List 6-NPR 14' Box Trucks 6-NPR-HD 15'Box Trucks with side dumps 6-F150 Reg cab PU 1-17350 Reg cab PU 1-F350 10"Utility 2-Transit Connect XL LWB 1-F350 Reg cab 12'dump 1-17350 Crew cab 10'dump 1-F450 Crew cab 12'dump 2-Transit 250 2-Chevy Traverse 1-908H2 Wheel loader with forks, bucket,tree boom 1- SC252AH stump grinder, dual drive wheels 7-Gator TX 4 x2 with dump bed 20-60"X-One Zero Turn mower 8-36"Turf Super S Stander mower 11-Echo chainsaws 40-Echo blowers 45-Echo edgers 5-21"mower 5-Trucut Honda Reel mowers 2-Walk Behind vacuum 1-PJ 16'trailer 1-Big Tex 16' dump trailer 1-PJ 22'trailer 1-Pace 8.5'x 18' trailer 1-Triple Crown 6'x 12'open trailer 1-500 gallon water trailer 1-Spray setup 1-Hot Water pressure cleaner 2- Sod cutter 12-Pole saw ? ,• �� �w cul° e t 1 of 2 ATTACHMENT "H" BIDDER'S INFORMATION AND PAST PERFORMANCE Business Name: Laajg,(Lr4 -rAfc- Street Address: ' -.p1r PALA &�,f r-F 33vol Mailing Address (if different): ,AMP-', City, State, Zip Code: 6/rsw PACM Telephone No. 5114`b5'_ &kl Fax No: Email Address of Contact Person: bAV)'j) 2 DA m 0 PL Position/Title of Contact Person: QFA)-c�r Ownership Status - Is the company currently for sale or involved in any transaction to expand or to be acquired by another business entity? If yes, please explain the impact to the organization and management efforts. Age of Organization — In continuous business since: > VAX Leadership - List Corporate Officers, Principals, Partners or owners of your Organization with titles and addresses. If a publicly held company, list Chairman of the Board, CEO, and President: Ual'0,1-1 &44?�tAxd AWS 4 � ' 1&A-,Y i,LAmAij4A-, OhmZ i r Federal Identification No.:. 97-07zowto State of Incorporation & Registration No.: P-)-a.A 0/00 RT64 If not a corporation, explain your status: Al)lf JOINT BIDDING, CO-OPERATIVE PURCHASING AGREEMENT: Will extend same price, terms, and conditions of this bid to other CRAs, Palm Beach, Martin, and Broward County governmental entities and agencies. -0- Yes ❑ No 01467267-1 46 Professional References: Provide three (3) verifiable professional references: Contact Name/Company Scope of Work/Contract Dates of Address/Telephone/Email Amount Services 1. 1 2 3. Legal History: Has Bidder been involved with any litigation within the past four (4) years? ❑ Yes 9 No If Yes, list all civil and criminal legal actions as required by the Invitation to Bid in a separate attachment in the following format: Case Number Description State Disposition 01467267-1 47 1201 Roebuck Court West Palm Beach,FL 33401 propert '' Main:561.805.8687 ®�.4$ Fax:561.805.8688 Facilities maintenance Current Landsape References The Waterford 601 Universe Blvd. Juno Beach,FL 33408 Eddie Gorvetzian 561-627-3800 edd e.i4orvetzian ct;;hfespacecommunities.com ... Westwood Gardens 5601 Golden Eagle Circle Palm Beach Gardens, FL 33418 Angelica Taverez 561-627-7240 angelica( wwghoa.com Town of Palm Beach 951 Old Okeechobee Rd. W.P.B, FL 33401 561-838-5440 John Lawrence jlavvrencetownofpalmbeach.com Harbour's Edge 401 E Linton Blvd. Delray Beach,FL 33483 561-526-0115 Peter Wocial peter.wocial'ti?lifesacecommunities.com City of West Palm Beach 1145 Old Okeechobee Road W.P.B, FL 33401 561-248-9600 Chandler Brinkman cbrinkman@wpb.org 1 of 1 ATTACHMENT "I" SCHEDULE OF SUBCONTRACTORS Bidder(s) are to submit a detailed listing of any subcontractor participation of any portion of this project for any reason. Attach additional pages if necessary. Project Title: CONTRACT FOR LANDSCAPING MAINTENANCE SERVICES FOR THE PROPERTIES OWNED BY THE BOYNTON BEACH CRA Issuance Date: March 29, 2021 Bidder(s)' Name: ' - Name/Address/Phone Type of Work to Dollar Amount % of Total of Subcontractor be Performed Name: n z� Address: 9&&2 avgfm °I TSE .A 33W2 Phone: 6'0)--.2)6, ° Name: 1_C IV)ASDJ & P ".t Phone: hxe4 . r, r° Name: Address: Phone: 01467267-1 48 ATTACHMENT "X CERTIFICATION OF DRUG FREE WORKPLACE PROGRAM certify that �� the Bidder responding to this ITB, maintains a drug-free workplace program, and that the following conditions are met: (1) Bidder publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace; and specifying the actions that will be taken against employees for violations of such programs. (2) Bidder informs employees about the dangers of drug abuse in the workplace, the company's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Bidder gives each employee engaged in providing the commodities or contractual services included in this ITB a copy of the statement specified in Subsection (1). (4) In the statement specified in Subsection (1), Bidder notifies the employee that, as a condition of working in the commodities or contractual services covered under this ITB, he/she will abide by the terms of the statement; and will notify the employer (Bidder) of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 893 or any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) Bidder imposes a sanction on, or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is convicted. (6) Bidder makes a good faith effort to continue to maintain a drug-free workplace through implementation of this Section 287.087, Florida Statutes. As the person authorized to sign the statement, I certify that Bidder complies fully with the above requirements. Authorized Signature. Date Name & Title (typed) , 01467267-1 49 ME Drug Free Workplace Programs 5440 NW S3rd Avenue Suite 1o6 Ft.Lauderdale,Florida 33309 (954)677-1200 Phone (954)677-12o1 Fax May 22,2018 To Whom it May Concern: Total Compliance Network has implemented a State of Florida Drug Free Workplace Program for the company listed below. TCN also provided the below-indicated services. If you have any questions, please feel free to contact me at my office,(800)881-4826. Company Name: Batallan Enterprises,Inc.dba Property Works Address: 1201 Roebuck Ct. West Palm Beach,Fl.33401 Telephone#: 561-805-8687 Contact Person: David Rodriguez Date TCN Implemented program with the above contact person: October 2016 TCN provided the above-named company with a Compliance Manual which includes: 1. An Employee handbook containing company policy and all necessary information (i.e., Information on where to seek help,medications that affect the outcome of a drug test,etc.). 2. Employee agreement forms, including company disciplinary action. 3. A Supervisor's handbook. 4. Information to post in conspicuous locations(signs,posters). 5. Additional forms and agreements(rehabilitation,notification of positive test results,etc.). TCN has also set up a drug screen collection site, AHCA or NIDA certified testing laboratory, on-staff Medical Review Officer,results reporting and billing. TCN has instructed the above-named contact person on the following procedures: 1. Distribution of Drug Free Workplace required paperwork. 2. Conducting the Employee meeting including distribution of Employee handbook, educational material and collection of signed paperwork. 3. Drug testing requirements and procedures for testing: a. Job Applicants d. Return-to-work. b. Post-accident e. Random(if applicable). c. Reasonable suspicion f. Routine fitness-for-duty. TCN will also continue to act as a consultant for any questions regarding this program,but will not be held responsible for any company's negligence or inability to perform the State of Florida Drug Free Workplace requirements using TCN or TCN materials. Total Compliance Network Representative:Nick Mirowsky 954-232-5650 ATTACHMENT "K" LOCAL BUSINESS PREFERENCE CERTIFICATION STATEMENT When seeking local business preference status, a Bidder must complete and file a written statement as follows: WRITTEN STATEMENT REQUESTING LOCAL BUSINESS STATUS -i-4!90e- 194TA4_LA__0 [OFFICER,QF COMPANY] Under penalty of perjury, I certify- I am an authorized representative of NAME OF COMPANY] (Bidder)and on behalf of the Bidder request that it be deemed to be a local business for purposes of the ITB. The following answers accurately reflect the status of the business seeking local preference. Answering yes to question 1 and question 2 will qualify the business as a local business. In support of this request I certify the following information as being true and correct: Name of Business (1) Is the business located Yes o ` Number of Years: within the City limits of Boynton I I Beach, Florida? ---- - ....... (2) Does the business have a es No Business License Number: business tax receipt issued in the current year? 2o Ivo (3) Is the business registered es No with the Florida Division of Corporations? I understand that misrepresentation of any facts in connection with this request may be cause for disqualification of this bid. I also agree the Bidder is required to notify the BBCRA in writing should it cease to qualify as a local business. Bi der's Signature IJ _ - _ Pri t Name Title -6'-ID Date 01467267-1 5 0 A�" CERTIFICATE OF LIABILITY INSURANCE DA y o20ms THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Risk Strategies Company NAME: 11440 Okeechobee Blvd,#201 PHONE Q. 561.459-2880 954 963=9776- FAx Royal Palm Beach, FL 33411 E-MAIL _(ac Ncl: — -_ AD R94 a!uGeris@Tlsk-_strategies.com INSURER(S)AFFORDING COVERAGE NAIC N INSURERA: Southern-Owners Insurance Company....... .... ..... 10190 -..... ...- ---------- .. ......... -......- --.._-.. —...-----....... ......_....- __. ........_.. INSURED INSURER B: Southern-Owners Insurance Company 10190 Batallan Enterprises, Inc INSURER Florida Citrus Business 8r Industries Fund 19496 dba Property Works — - P.O. BOX 6942 INSURER D West Palm Beach FL 33405 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 53259255 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDUSUBR' I _POLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER j WM/DDfYYYY) fM'MJDDry LIMITS A �/ COMMERCIAL GENERAL LIABILITY ✓ 72923896 8/21/2019 '8/21/2020 EACH OCCURRENCE— $1000,000 GE TO CLAIMS-MADE F_;IOCCUR PRAEM SES LEaEoccurrence i 1$300,000 MED EXP(Any one person) $10000 PERSONAL&ADV INJURY $1 000,000 ._.. GEN_'LAGGREGATE LIMIT APPLIES PER: (GENERAL AGGREGATE $2,000,000 F POLICY ✓�JEa LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY 5192389601 8/21/2019 8/21/2020 1 OMBINeDSINGLELIMIr $1,000,000 ✓ ANY AUTO BODILY INJURY(Per person) $ OWNED ISCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY ------- AUTOS HIRED NON-OWNED ( _ (PROPERTY DAMAGE $ ✓ AUTOS ONLYAUTOS ONLY .[Per axident�' i..... $ A ,/_UMBRELLALIAB ,/ OCCUR X5192389600 8/21/2019 8/21/2020 EACH OCCURRENCE _$2,000,000 EXCESS UAB CLAIMS-MADE (AGGREGATE $2 OOO OO ._ —__..-.-..-.._ __Q, DED RETENTION$ _ $ C woRKERs COMPENSATION 106609762019 12/27/2019 12/27/2020 �/ STATUTE ERH AND EMPLOYERS'LIABILnY .. --.— .-- ANYPROPRIETOR/PARTNER/EXECUTIVE Y�_�N/A E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDED4 "— - - (Mandatory In NH) j (_E.L DISEASE-EA EMPLOYEE $1; If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000000 j DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Proof of Insurance CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Batallan Enterprises, Inc. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN dba PropertyWorks ACCORDANCE WrrH THE POLICY PROVISIONS. PO BOX 6942 West Palm Beach, FL 33405-6942 AUTHORIZED REPRESENTATIVE Michael Christian ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 53259255 1 PROWOI 1 19-20 Master Certificate I Julie 2ambory 112/30/2019 10:29:26 AM (EST) I Page 1 of 1 ATTACHMENT "M" CERTIFICATION OF NON-SCRUTINIZED ENTITY ` ,u 9* , as Bidder, hereby certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, and is not engaged in a boycott of Israel. If the BBCRA determines that this certification is falsified or contains false statements, or that Bidder is placed Scrutinized Companies that Boycott Israel List or engages in a boycott of Israel after the submittal of the bid or the execution of any agreement arising out of this ITB, the BBCRA may disqualify the bid and/or terminate the agreement. Bidder Name Authorized Representative of Bidder Date: �r STATE OF COUNTY OF / THE FOREGOI G INSTRUMENT was acknowledged before me this lC day of 2021, by who is personally known t me or who has respectively produced enfpm 4V pnaulAl as identification and did not take an oath. Notary Public: p Print Name: } INN Commission No: TDRIG&'',''i My Commission Expire : :cA� Q2t�;•, sk �lGf3 957878 •'� •p°ded s �m���`` 'C; Un di 0 ;�• �� 01467267-1 52 . ATTACHMENT "N" AUTHORIZATION FOR RELEASE OF INFORMATION To whom it may concern: The undersigned hereby authorizes you to release to the Boynton Beach Community Redevelopment Agency (BBCRA) or the City of Boynton Beach any information in your possession regarding the undersigned either of a professional or personal nature including the statement of your opinions with regard to the undersigned's professional credibility and personal character, or of the bidder identified below. The undersigned also authorizes you to release to the Boynton Beach Community Redevelopment Agency (BBCRA) or the City of Boynton Beach any information in your possession regarding the business identified as "bidder" below. By: OO ,t STATE OF f-& . COUNTY OF it°'a THE FOREGOI G IN�KTRUMENT was acknowledged before me this day of 2021, by .who is personally known to me or who has respectively produced t V 01401AI as identification and did not take an oath. Notary Public: `\`���►�ulu�f�������ii N ...... Print Name: VA11L) j6,bfi1(411v1, Commission N E*Ae4.. *= My Commission Expires. �,ti0�'�s e•.' �'•gayBanded%V •��� 4� .;°uaku�.• ���� Name: ���IIIIf11111���� Home Address: Home Telephone Number: Business Telephone Number: Fax Number: Date of Birth: Professional License Number: Bidder (Business) Name: 01467267-1 5 3 iy" t { tlti� ugg Cc lot 3 ARM sA Fs " Fl y } F�i i t £ � Ft2FSU F� 0,6 oIII AW ob"SX, F£ e , '1 gymoyF F ,3r F no we WN,t tFii ` f1� a qI t ll W—Am I t Fr � £ £ . M+A,j N,W _ oil z r iI S F HAWN MAI s F t .�F i F r2t � t£ I I ii r 4 f { t }I i F t t c iy\✓ £ 12 1}s2 �� ( i t { Ji £z t i 1l5�745 c £ il£tl 2 o f -22145 2 �}F £ s 2�F2t� ST 4 iFF£ £t11r F7 f2if r i I 12 t _ l� i£ t S i z f r l � �r � i iilFls s t rc- FRESH START MAINTENANCE, INC. RESPONSE TO INVITATION TO BID TO PERFORM LANDSCAPE MAINTENANCE SERVICES ON PROPERTIES OWNED BY THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY INVITATION TO BID (ITB) TO PERFORM LANDSCAPE MAINTENANCE SERVICES ON PROPERTIES OWNED BY THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY BOYNTON ti COMMUNITY REDEVELOPMENT AGENCY ISSUE DATE: March 29, 2021 MANDATORY PRE-BID CONFERENCE: April 12, 2021, 10:00 A.M. (EST) REQUEST FOR INFORMATION DEADLINE: April 26, 2021, 5:00 P.M. (EST) SUBMISSION DEADLINE: May 13, 2021, 2:00 P.M. (EST) 01467267-1 BOYNTO ""',,,,:,BEACH C cLOPMENT AGENCY PUBLIC NOTICE INVITATION to BID ITBI TO PERFORM LANDSCAPE MAINTENANCE SERVICES ON PROPERTIES OWNED BY THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY The Boynton Beach Community Redevelopment Agency (BBCRA) is issuing this Invitation to Bid (ITB) for Landscape Maintenance Services (Project). BBCRA will accept sealed bids at its office located at 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 ON OR BEFORE May 13, 2021, no later than 2:00 P.M. (EST), as determined by the time stamp or clock at the BBCRA's reception area as set up on the 1St Floor Lobby, at which time they will be opened. Responses to this ITB (bids) received after the time and date specified will not be accepted for consideration. All bids will be date and time stamped by the BBCRA. Faxed or emailed bids will not be accepted. All requests for information.are required to be submitted in writing to Ms. Thuy Shutt, Assistant Director, by email at huttT�5 bfi._us no later than April 26, 2021 at 5:00 P.M. (EST). Copies of the complete bid documents may be obtained from the BBCRA office or website, www.bovntonbeachcra.com. For the purposed of this ITB, the term "Contractor" means a successful bidder that ultimately enters an agreement or otherwise contracts with the BBCRA. MANDATORY PRE-BID CONFERENCE: A mandatory pre-bid conference has been scheduled for April 12, 2021 at 10:00 A.M. (EST)at City Hall/Library, 100 E. Ocean Avenue, 1St Floor Lobby, Boynton Beach, FL 33435, and will continue to specific sites starting at 10:30 A.M. (EST). A bidder's failure to sign in within fifteen (15) minutes of the 10:00 A.M. (EST) conference start time or at the specific sites thereafter will disqualify the bidder's bid. All interested bidders are required to attend and be prepared to ask questions. 01467267.1 2 ffi BOYN COMMUNITY REDEVELOPMENT AGENCY INVITATION TO BID BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY 1. Introduction. Created pursuant to Chapter 163, Florida Statutes, the BBCRA serves the community by guiding redevelopment activities pursuant to its Community Redevelopment Plan through programs that assist with the creation and revitalization of neighborhoods and commercial areas within the BBCRA's boundaries. The BBCRA Area includes approximately 1,650 acres along the eastern edge of the City of Boynton Beach. The BBCRA has acquired properties for the purposed of redevelopment. These properties are in various forms and stages of redevelopment ranging from vacant land to commercial sites. It is the responsibility and obligation of the BBCRA to maintain its properties. While these properties differ with regard to the stages of redevelopment, it is expected that the Bidder(s) selected will provide high quality landscape maintenance services to the BBCRA regardless of the location or stage of redevelopment of the property. 2. Mandator Pre-Bid Conferences Re_ istration. a. Pre-Bid Conference. A mandatory pre-bid conference has been scheduled for April 12, 2021 at 10:00 A.M. (EST) at City Hall/Library, 100 E. Ocean Avenue, 1St Floor Lobby, Boynton Beach, FL 33435 and will continue to specific sites starting at 10:30 A.M. (EST). All interested bidders are required to attend and be prepared to ask questions. A bidder's failure to attend the Pre-Bid Conference will disqualify that bidder's bid. A bidder's failure to sign in within fifteen (15) minutes of the 10:00 A.M. (EST) conference start time or at the specific sites thereafter will disqualify the bidder's bid. b. Registration. At the mandatory pre-bid conference, all interested parties must register their name, email address, mailing address, and telephone number. Any information concerning any changes, additions, addenda, clarifications, notices, or other topics related to this ITB will be sent to registered bidders using the registration information provided. 3. General Project Information. The BBCRA is accepting sealed bids to select and contract with qualified, responsible, responsive individual(s)or entity(ies)to provide landscape maintenance services on one or more BBCRA owned properties. These Landscape Maintenance Services are also referred to in this ITB as the "Project." The agreement for the Project is anticipated to be a four-year agreement with three additional one-year renewal. The selected bidder(s) shall provide all materials, labor, equipment and maintenance of traffic necessary to perform the landscape maintenance activities to complete the Project, as specified in this ITB and in Attachment "A" and Attachment "B." 01467267-1 3 Copies of the complete bid documents, including this ITB, may be obtained from the BBCRA office located at 100 E. Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 or on the BBCRA's website, a. At the time of bid submission, each bidder must be registered, licensed, and insured by the City, County and State, as applicable, for the purpose of performing the project. b. The BBCRA reserves the right, before awarding an agreement, to require a bidder to submit evidence of qualifications, as the BBCRA may deem necessary, and may consider any evidence available to it of the financial, technical, legal and other qualifications and abilities of a bidder, including past performance and experience with the BBCRA and/or other clients. 4. Scope of Work. The Scope of Work is broken into two (2) categories to service various types of properties owned by the BBCRA. Bidders may submit a bid for one or both of the scopes of work attached to this ITB as Attachments "A" and "B." The BBCRA, at its sole discretion, may award one or more bidders a contract for landscaping maintenance services for the Categories listed below. CATEGORY ONE is for the following Improved Properties: 1. Boynton Harbor Marina 2. 211 E. Ocean Avenue 3. Public Parking Lot— 115 N. Federal Highway 4. 2 Public Parking Lots — NE 4th Street & NE 1St Avenue 5. 401-411 E. Boynton Beach Boulevard A detailed description of the scope of work for Category One: Improved Properties is provided in Attachment "A" of this ITB. CATEGORY TWO is for the following Vacant Lot Properties: 1. Large Development Vacant Lots (aka Cottage District) 2. E. Martin Luther King, Jr. Properties 3. NE 9th Avenue 4. Misc. Vacant Lots A detailed description of the scope of work for Category Two: Vacant Lots is provided in Attachment "B" of this ITB. 5. Bid Requirements. Bids must contain all the following documents and information in order to be deemed complete and for the BBCRA to consider whether the bidder is qualified, responsible, and 01467267-1 4 responsive. Bids deemed incomplete or that fail to follow the requirements of this ITI3 may be rejected or disqualified. It is each bidder's responsibility to ensure that the bid it submits is complete. Int bid, bidder's information must be provided EXACTLY with the item, paragraph, and section numbers shown in Attachments "G," "H," and "U' Information submitted shall be applicable only to the individual, company entity, or branch that will be contracted for this Project. Bidders will not attach any documents or information other than what the BBCRA requests in this ITI3 and any addenda; however, bidders may use additional pages to provide responses to questions if the forms provided do not have adequate space forbidder to fully answer the question. Bidders must complete and submit all attachments to this ITB. a. A final bid price and cost. Bidder shall provide acknowledgement of the Bid Price being submitted as part of Attachment "E," Bidder's Acknowledgement Leffer, and int forms provided in Attachments "A" and/or "B," along with the breakdown of costs for the Scope of Work as described Attachment(s) "A" and/or "B." Prior to the award of the agreement, the BBCRA may require a bidder to submit an analysis of any lump sum bid prices quoted. b. is and provide copies of all licenses, certifications, or other related professional credentials held by bidder or bidder's employees relevant to the Project. c. Bidder shall submit a list of equipment and personnel to support the bidder's claimed ability to adequately complete the work described in this IT13. The Bidder must submit with the bid the name, address, it address, and phone number of the person(s) to be contacted for the coordination of landscape maintenance services. A contact for regular work hours, after-hours, weekends, and holidays must be identified. A completed Attachment "G," List of Equipment and Personnel, must be submitted as part of the bid. NOTE: BBCRA reserves the right to inspect all maintenance equipment prior to agreement award and to request bidder's most recent corporate financial statement for review. d. Provide a certificate of good standing from the Secretary of State of Florida and the state in which the corporation is headquartered, if not Florida. e. A list of all civil and criminal legal actions in Attachment "H," Bidder Information and Past Performance, in is each bidder entity (and its parent entity if bidder is a subsidiary) is currently a named party or was a named party in the past four (4) years, providing the case number, case description, the state of jurisdiction, and disposition of each case. Bidder(s) may include any additional relevant information. If there are no legal actions to disclose, provide a written statement attesting to this fact. 01467267-1 5 f. A list of three (3) verifiable professional references for whom bidder has provided similar services within the last five (5) years. References must include scope of work, contact names, addresses, telephone numbers, email addresses, and dates of service. A contact person shall be someone who has personal knowledge of the bidder's performance for the specific requirements listed. Contact person must have been informed that they are being used as a reference and that the BBCRA may be contacting them. DO NOT list persons who are unable to answer specific questions regarding the requirement. This information will be considered in the contract award review. Failure to include all data noted in Attachment "H," Bidder Information and Past Performance, may eliminate bidder from the bidding process; prior submittals will not be accepted. Bidders must also complete Attachment "N," Authorization for Release of Information. g. All other requirements contained in this ITB, including all attachments that request a response or information from the bidder. 6. Additional Bid Requirements. In addition to the other requirements listed in this ITB, bidders are responsible for, understand, and agree to the following items, terms, and requirements: a. Personal Investigation and Obligation of the Bidder(s). It is each bidder's obligation to carefully read all information in this ITB before submitting a bid. Prior to submitting a bid, each bidder shall inform themselves fully of the conditions relating to the properties and the employment of labor needed to complete the Project pursuant to this ITB. Failure to do so shall not relieve Contractor of the obligation to furnish all material and labor necessary to carry out the provisions of the agreement. At the time of submission, each bidder(s) shall submit a completed Attachment "C," Site Inspection Confirmation form, which is attached hereto. By submitting a bid, each bidder affirms he/she/it has inspected the site and has read and become thoroughly familiar with the requirements of this ITB, including all site maintenance information or details, and all addenda. The failure or omission of any bidder to examine any form, instrument, or document shall in no way relieve any bidder from any obligation in respect to bidder's submitted bid. Bidder understands and acknowledges that to the extent his/her/its bid is based on assumed requirements for the proposed scope(s) of work, the BBCRA has made no written or oral presentations that any such assumed requirements are accurate, and that such assumed requirements are not required to be a part of any agreement that may arise based on the submitted bid. Bidder is required to qualify all assumptions it makes. b. Additional Information. After the bids are received by the BBCRA, the BBCRA may make requests to bidders for clarifications, assurances, or for other details including, but not limited to, financial and disclosure data relating to the bid or bidder (including all affiliates, officers, directors, partners and employees). Any inquiries of a general nature applicable to all bidders will be directed to all bidders. Following submission of a bid, the bidder agrees to promptly deliver such further details, information and assurances, including, but not limited to, financial and disclosure data relating to the bid and/or the 01467267-1 6 bidder (including the bidder's affiliates, officers, directors, partners and employees), as requested by the BBCRA. c. Conditional Clauses. Bids that are qualified with conditional clauses, or alterations, or items not called for in the ITB documents, or irregularities of any kind are subject to disqualification at the option of the BBCRA. d. Deadline. It is each bidder's responsibility to ensure that submitted bids are received at the designated submittal location by the submittal deadline. Bids received after the submittal deadline will be disqualified and returned to the bidder unopened. e. Form and Number of Copies. In total, one (1) unbound original of the bid and one (1) bound copy of the bid must be submitted. Facsimile or emailed copies of the bid will not be accepted. The completed bid shall be submitted in a sealed package and clearly marked on the outside of the envelope and addressed as follows: SEALED BID Contract for Landscape Maintenance of BBCRA Owned Properties Category Number(s) Ms. Thuy Shutt, Assistant Director Boynton Beach Community Redevelopment Agency 100 East Ocean Avenue 4th Floor Boynton Beach, FL 33435 f. Completeness. All bids must be complete upon submittal to the BBCRA and contain all information and documentation required by this ITB. g. Signature. The bid, and any documents submitted with the bid that require a signature, must be signed by an individual authorized by bidder to legally bind and represent the bidder. Representations made within the bid will be binding on bidder. h. Failure to Meet Submittal Requirements. The failure to meet the deadline, submit a bid that complies with the form and number of copies requirements, or submit a complete bid may result in the bid being rejected and returned at the sole discretion of the BBCRA. i. Bid Validity. Bids shall remain valid and binding on bidders for 120 days after the submittal date. A bid, if selected, shall remain valid for the life of the agreement(s) resulting from this process except as modified by such agreement. j. Withdrawal and Resubmittal. Bidders may withdraw, modify, and resubmit bids any time prior to the submittal deadline. k. Bidder Responsible for Costs of Bid Preparation and Submittal. Bidder understands and acknowledges by submitting a bid that any and all costs incurred by the bidder as a result of the bidder's efforts to participate in this selection process shall be at the sole risk 01467267-1 7 and obligation of the bidder. The BBCRA will not provide compensation to bidder for any expenses incurred in preparing or submitting this bid or for any presentations made. I. Ownership of Bid Information. Bid costs and any other information submitted by bidder shall become the property of the BBCRA; however, the BBCRA may return all other bid information, upon written request, once an agreement award is made. 7. Subcontractors. If a bidder(s) subcontracts any portion of the scope of work for any reason, bidder must state the name and address of the licensed subcontractor and the name of the person(s) to be contracted on the enclosed Attachment "I," Schedule of Subcontractors. For purposes of this ITB, an example of a subcontractor would be an arborist, licensed contractor for pesticide application, or debris removal company. The BBCRA reserves the right to accept or reject any or all bids wherein a subcontractor is named, and to make the award to the bidder(s), who, in the opinion of the BBCRA, will be in the best interest of and/or most advantageous to the BBCRA. The BBCRA also reserves the right to reject a bid of any bidder if the bid names a subcontractor who has previously failed in the proper performance of an award or failed to deliver contracts of a similar nature on time, or is not in a position to perform properly under this award. The BBCRA reserves all rights in order to make a determination as to the foregoing. a. Bidder(s) agrees that if selected to enter into an agreement, bidder shall periodically throughout the term of the agreement provide the BBCRA an updated list of all subcontractors working on the awarded scope of work. 8. Local Business Preference,. To provide locally owned and operated companies a competitive advantage when the BBCRA is procuring goods and services, preference will be given by the BBCRA to local businesses. All bids must indicate whether or not bidder is a local business via submittal of Attachment "K," Local Business Certification Statement. 9. Insurance Re uirements. The successful bidder shall provide a certificate of insurance meeting the requirements of Attachment "L," Insurance Requirements, prior to agreement execution. The BBCRA reserves the right to ensure and require that the insurance coverages provided by the successful bidder/contractor are proper and that the insurers are licensed or otherwise qualified to do business in Florida. If at any time during the term of the agreement the BBCRA determines that it is in its best interests to insist on an alternative insurance provider, it may do so and bidder(s) (and Contractors)agree to comply with the BBCRA's decision. The BBCRA also reserves the right to review, modify, or amend any required coverages, limits, and endorsements during the life of an agreement and any extensions thereof. The BBCRA further reserves the right, but not the obligation, to review and reject any insurer providing coverage on the bidder's behalf because of the insurer's poor financial condition or due to the insurer's failure to operate legally in the State of Florida. 10.Sales Tax. By submitting a bid, bidder acknowledges that all materials and supplies necessary for completion of this agreement are subject to Florida Sales and Use Tax, in accordance with Florida Statutes. However, the BBCRA is exempt from any taxes imposed by state and/or federal government. Exemption certificates will be supplied on request. State Sales Tax Exemption Certification No. 85- 8012625376C-3 will appear on each purchase order. 01467267-1 8 11. Tentative Schedule. The following tentative schedule is anticipated for actions related to this ITB. All dates, times, and locations are subject to change. All changes will be posted to the BBCRA's website at www.bQ,,,,,entonbeachcra.com. Registered interested parties will be notified by email of changes, if any. Release of Invitation to Bid March 29, 2021 Mandatory Pre-Bid Conference and April 12, 202 1, 10:00 A.M. (EST) Select Site Visit Request for Information Deadline April 26, 2021, 5:00 P.M. (EST) ITB Submittal Deadline and Bid Opening May 13, 2021, 2:00 P.M. (EST) Contract Award by BBCRA Board June 8, 2021, 5:30 P.M. (EST) (Note: Dates above are subject to change—registered Bidders will be notified by e-mafl of changes, if any.) 12.Contact and Questions. a. Contact Information. All correspondence, questions, and requests for clarifications related to till must be directed to the person designated as the procurement officer for this ITB: Ms. Thuy Shutt, Assistant Director Boynton Beach Community Redevelopment Agency 100 East Ocean Avenue, 4th Floor Boynton Beach, Florida 33435 Phone: (561) 600-9098 Fax: (561) 737-3258 Email: ShuttT@bbfl.us b. Form of Contact; Answers in the Form of Addenda. All correspondence, questions, requests must be submitted in writing via email and may be submitted at any time but no later than April 26, 2021, 5:00 P.M. (EST). All answers to questions, clarifications, and interpretations will be issued int form of addenda, which become part of this ITB. The bidder must acknowledge receipt of each addenda by completing Attachment "D," Addenda Acknowledgement Form, and including it with the bid. It is the responsibility of all bidders to obtain, review and respond to any and all addenda issued. Oral explanations, information, and instructions shall not be considered binding on the BBCRA. All bidders are encouraged to independently verify the accuracy of any information provided. Neither the BBCRA nor any of its agents or employees shall be responsible fort accuracy of any oral information provided to any bidder, or to any assumptions made by bidder. Written responses to all written questions submitted shall be maintained by the BBCRA in the ITB file. c. Limitations on Communications; Cone of Silence; No Lobbying. Bidder or persons acting on bidder's behalf may not contact any employee, officer, or Board member of the 01467267-1 9 BBCRA concerning any aspect of this ITB, except in writing to the procurement officer or as provided in the ITB documents. Violation of this provision may be grounds for rejecting a response. Further, during the same time period, bidder or persons acting on bidder's behalf may not contact any BBCRA Advisory Board Member, or any other person working on behalf of the BBCRA on any matter related to this ITB. Communication prohibited by this ITB, or by any other state, federal, or local law or regulation, may cause an individual or firm to be disqualified immediately from participating in the bid or selection process. Any violation of this condition may result in rejection and/or disqualification of the bidder's bid. For purposes of this section, persons acting on bidder's behalf shall include, but not be limited to, the bidder's employees, partners, attorneys, officers, directors, consultants, lobbyists, or any actual or potential subcontractor or consultant of the bidder. This "Limitations on Communications/Cone of Silence/No Lobbying" is in effect from the date of publication of the ITB and shall terminate at 1) the time the BBCRA Board selects a bidder, rejects all bids, or otherwise takes action which ends the solicitation process; or 2) at the end of the 72-hour period following the BBCRA posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, whichever is later. 13.ITB Bid Evaluation and Selection Process. a. The BBCRA staff will review each bid and make a determination as to whether each bid meets the minimum submission requirements for review, including whether the bid is complete, and whether it fully complies with the terms and conditions outlined in this ITB. A bidder's failure to provide a substantially complete bid in response to this ITB may result in the bid not being evaluated. The BBCRA may require clarification of submitted information from any bidder. The confidentiality of proprietary information from competing bidders shall be maintained to the extent permitted by law. b. In addition to meeting the minimum requirements of this ITB, each bid will be evaluated based on the information provided, and if an agreement is awarded, it will be awarded to the most responsive, responsible bidder whose bid is determined to be in the best interest of the BBCRA, after consideration of all factors, including the contents of the submitted bid. In determining the"most responsive, responsible bidder,"the BBCRA, shall consider: i. The most advantageous prices contained in the bid. ii. The ability (including required licensure), capacity and skill of the bidder to perform the Project. iii. Whether the bidder can perform the Project or provide quality service promptly or within the time specified, without delay or interference for the categories stated on the bid form. 01467267-1 10 iv. The character, integrity, reputation, judgment, experience and efficiency of the bidder. v. The number and quality of performance of previous contracts for landscape services, including, but not limited to, BBCRA contracts. vi. The previous and existing compliance by the bidder with laws and ordinances relating to the Project requirements or service. vii. The sufficiency of the financial resources and ability of the bidder to perform the Project or provide the landscape maintenance services. viii. The number and scope of conditions attached to the bid. ix. The overall cost to the BBCRA. x. The best interests of the BBCRA. A. Wether bidder attended the mandatory Pre-Bid Conference. xii. Whether bidder has been a party to litigation or arbitration arising from a project for a public entity within the past four years. c. The BBCRA Board may select a bidder at a regular CRA Board meeting. However, the BBCRA Board is under no obligation to select a bidder regardless of their ranking, and can, at its sole discretion, opt to terminate the ITB process or continue the process to a subsequent meeting. If the BBCRA board selects a successful bidder, the BBCRA will notify the successful bidder in writing. d. The existence of a contractual relationship between a bidder and the BBCRA is contingent upon successful negotiations between the BBCRA and a selected bidder, and execution of an agreement by both parties. Therefore, upon selection of a successful bidder, the BBCRA and the successful bidder will then enter into negotiations for an agreement that will contain terms substantially similar to those contained in the successful bid and this ITB. A copy of"Attachment "O," Standard Form of Agreement Between Owner and Contractor, is included in this ITB. L Any agreement must be in a form approved by the BBCRA Board and BBCRA legal counsel. ii. If the BBCRA and the successful bidder are not able to agree upon an agreement satisfactory to both parties within thirty (30) days of the selection of the successful bidder, bidder shall have the right to terminate the negotiations. The BBCRA may terminate negotiations at any time for any reason. 01467267-1 11 iii. If the BBCRA sends an agreed-upon agreement, or sends an agreement with a communication that informs the bidder that the agreement constitutes the BBCRA's final offer, and bidder fails to return an executed copy of the provided agreement within 30 days of receipt of such agreement from the BBCRA, the negotiations are deemed terminated unless the BBCRA explicitly extends the deadline in writing. iv. The BBCRA may withdraw its offer of agreement, including a final offer, at any time prior to written acceptance of such agreement. v. Upon termination of negotiations or withdrawal of offer of agreement, the BBCRA may move forward as it deems appropriate, which may include entering into negotiations with another bidder, re-advertising the ITB, electing to terminate the ITB process, or any other action it deems to be in the best interest of the BBCRA. If another bidder is awarded the bid, this award shall bind such bidder as though he/she/it were the original successful bidder. vi. The BBCRA reserves the right to reduce or increase the quantities of work to be done and to eliminate or add any lot, lots or items of work listed in the bid. The BBCRA disposes of and acquires properties from time to time, and as a result, the total number of properties being maintained may change from time to time. Accordingly, the per lot price will be applicable for adjusting to the contract price to accommodate additions or elimination of BBCRA properties from the Scope of Work. 14.Disclosure and Disclaimer. Bidder understands and acknowledges that to the extent permitted by law, the BBCRA retains all rights, at its sole and absolute discretion, to: a. Withdraw this ITB at any time; b. Modify the schedule associated with this ITB; c. Issue addenda to this ITB; d. Request additional information, clarifications, or assurances from one or more bidders or prospective bidders; e. Reject any and all bids; f. Refrain from awarding an agreement as a result of this ITB; g. Verify the accuracy of any information provided; h. Accept bids that deviate from this ITB; i. Disqualify or reject bids that are incomplete, untimely, or unclear; j. Re-advertise this ITB and accept new bids; k. Obtain economic feasibility studies or third party evaluations with regard to any part of any bid; I. Evaluate the bids through any process that complies with the BBCRA Procurement Policy, this ITB, and applicable Florida Statutes, 01467267-1 12 m. Select the one or more successful bids or bidders it deems will be in the best interests of the BBCRA, regardless of which bid appears to offer the best monetary value to the BBCRA; n. Waive any required element or condition found in this ITB for all bids or for a specific bid; o. Waive any formalities associated with this ITB; p. Accept any bid in whole or in part, or accept any combination of bids; q. Negotiate agreements, abandon or withdraw from negotiations, approve agreements, and take other similar actions as a result of this ITB. Any bidder who submits a bid in response to this ITB fully acknowledges all the provisions of this disclosure and disclaimer and agrees to be bound by the terms hereof. In the event of any differences between this disclosure and disclaimer and the balance of the ITB, the provisions of this disclosure and disclaimer shall govern. If bidder fails to fully comply with all requirements of this ITB, bidder's or bidders' bid may be disqualified. Bidder(s) shall complete and include a signed Bidder(s) Acknowledgement and Compliance Statement exactly as shown in Attachment "E," Acknowledgement Letter. 15.Protests. The Bid Protest Policy is available upon request. Submittal of a bid in response to this ITB constitutes acceptance of this policy. 16.Non-Discrimination. The selected bidder, on behalf of itself, its successors and its assigns, agrees that no person shall, on the ground of race, color, disability, national origin, religion, age, familial status, sex, or sexual orientation, be subjected to discrimination in any way that is associated with the ITB, the BBCRA, the bid, any agreement resulting from this ITB, or the Project. 17.Permits® Taxes. Licenses and Laws. The successful bidder/contractor will be required to pay for and/or obtain, at its own expense, all permits, licenses, fees, and taxes required, and to comply with all federal, state, and local laws, ordinances, rules, and regulations applicable to responding to this ITB and carrying out the Project. 18.Sensitive and Pro r �Iptary Information. The BBCRA will maintain the confidentiality of sensitive and proprietary information to the extent permitted by law. The BBCRA will consider all other information, documentation and other materials submitted in response to this ITB to be of non- confidential and or non-proprietary nature and the property of the BBCRA and therefore subject to public disclosure under Chapter 119 of the'Florida State Statutes. If a bidder believes any portion of a bid is exempt from public records disclosure, the bidder must identify the portion bid it believes it is exempt, state the reason for exemption, and request the BBCRA exempt it from public records disclosure. The BBCRA will exempt potions of a bid from public records disclosure only to the extent permitted by law. 19.Public Records. The BBCRA is public agency subject to Chapter 119, Florida Statutes. The contractor shall comply with Florida's Public Records Law. Specifically, the contractor shall: a. Keep and maintain public records that ordinarily and necessarily would be required by the BBCRA in order to perform the service; 01467267-1 13 b. Provide the public with access to such public records on the same terms and conditions that the BBCRA would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; c. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and d. Meet all requirements for retaining public records and transfer to the BBCRA, at no cost, all public records in possession of the bidder upon termination of the contract or agreement and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the BBCRA in a format that is compatible with the information technology systems of the BBCRA. IF BIDDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO BIDDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS ITB, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (561)737-3256; 100 East Ocean Avenue, 4th Floor, Boynton Beach, Florida 33435, SimonM@bbfl.us. 20.Public Entity Crimes Statement. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. In order to qualify for consideration under this ITB, bidder must complete and attach Attachment "F," Public Entity Crimes Statement. 21.Drug Free Work lace Certification. Preference shall be given bidder(s) with drug free work programs, under the standards described in Section 287.087, Florida Statutes. Whenever two (2) or more bids that are equal with respect to price, quality and service are received by the BBCRA or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to receive such preference, the bidder shall complete and submit with its bid the attached certification, Attachment "J," Certification of Drug Free Workplace Program. 22.Non-Scrutinized Ent!t . By submitting a bid, bidder certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, and is not engaged in a boycott of Israel. Bidders must complete Attachment "M," Certification of Non- Scrutinized Entity. 23.E-Vern . In any agreement resulting from this ITB, the bidder will be required to warrant, for itself and its subcontractors, compliance with all federal immigration laws and regulations that relate to their employees. Bidder agrees and acknowledges that the BBCRA is a public employer that is subject 01467267-1 14 to the E-verify requirements as set forth in Section 448.095, Florida Statutes, and that the provisions of F.S. Sec. 448.095 will apply to such an agreement. END OF MAIN DOCUMENT PROCEED TO ATTACHMENTS 01467267-1 15 List of Attachments: A. Scope of Work— Category One: Improved Properties B. Scope of Work — Category Two: Vacant Lots C. Site Inspection Confirmation D. Addenda Acknowledgement E. Acknowledgement Letter F. Public Entity Crimes Statement G. List of Equipment and Personnel H. Bidder's Information and Past Performance I. Schedule of Subcontractors J. Certification of Drug Free Workplace Program K. Local Business Preference Certification Statement L. Insurance Requirements M. Certification of Non-Scrutinized Entity N. Authorization for Release of Information O. Standard Form of Agreement Between Owner and Contractor 01467267-1 16 ATTACHMENT "A" SCOPE OF WORK - CATEGORY ONE: Improved Properties NOTE: The ITB divides the scope of work into two (2) categories to accommodate various types of properties owned by the BBCRA. Bidders may submit a bid for one or both categories of work. Properties in this category consist of the following: 1. Boynton Harbor Marina 2. 211 E. Ocean Avenue 3. Public Parking Lot— 115 N. Federal Highway 4. 2 Public Parking Lots — NE 4t" Street& NE 181 Avenue 5. 401-411 E. Boynton Beach Blvd. These properties may also be referred to as the Landscape Maintenance Service Area. SPECIFICATIONS A. Basic Maintenance shall be done as shown below and includes Litter Control, Mowing, Line Trimming/Edging, Blowing, Weed Control and Irrigation Checks. • Boynton Harbor Marina—three (3) times per month • 211 E. Ocean Avenue—two (2) times per month • Public Parking Lot— 115 N. Federal Highway—two (2) times per month • 2 Public Parking Lots — NE 4t" Street & NE 1 st Avenue—two (2) times per month • 401-411 E. Boynton Beach Blvd. —two (2) times per month 1. Litter Control — Shall mean the collection and proper disposal, at the Contractor's expense (and not in any BBCRA container without prior approval) any debris such as paper, cans, bottles, fallen or hanging limbs, rocks, etc. that are not intended to be present as part of the landscape, and the emptying of all trash barrels on the site. Litter Control will be completed throughout the entire Landscape Maintenance Service Area including streets/parking areas, sidewalks, pathways, curbs, etc. a. Litter Control must be completed prior to any trimming/edging, mowing, or blowing to eliminate shredding of materials throughout the landscaping and to prevent any possible safety concerns. b. All litter is to be containerized and properly disposed of. 2. Mowing — Shall be performed in a manner that ensures a smooth surface appearance without scalping or leaving any "missed" uncut grass. a. All mowers are to be mulching mowers with closed chutes to minimize the spreading of clippings, must be adjustable to allow for the proper mowing height (Common Heights: Bermuda 0.5"-1 .5"/ Floratam St. Augustine 3.5"-4"/ Bahia 3"-4"1 Zoysia 1.5"-2.5"); actual height to be determined by the condition of the grass and the field usage. Mowers shall have blades sharp enough to cut rather than tear grass blades. 01467267-1 17 b. Mowing shall be done carefully in order to avoid "girdling" trees or shrubs, intruding into ground cover beds, damaging sodded berms, or causing damage to sprinkler heads, valves, time clocks, curbs, or other facilities as the Contractor will be responsible for restoring all damage. c. Mowing shall not be done when weather or conditions will result in damaged turf or rutting; re-scheduling or vacating the schedule for that week must be coordinated with the BBCRA. 3. Line Trimming/Edging — Grass shall be trimmed/edged during or immediately after mowing. Trimming/Edging will be accomplished by line trimmer, mechanical edger, or by hand. Trimming/Edging must remove grass around all obstacles in the turf such as posts, trees, wall, signs, sprinkler equipment, sidewalks, pavers, etc. and shall provide clean turf edges around all planting beds. Trimming/Edging shall be done carefully in order to avoid damaging sprinkler equipment,walkways, plantings, or other facilities as the Contractorwill be responsible for restoring all damage. NOTE: Trimming/Edgin will be 1.5 feet away from all trees, palms, and exposed roots. a. Blowing — Grass clippings and debris caused by mowing and trimming/edging shall be immediately blown off from all hard surfaces after mowing and line trimming/edging. Grass clippings and debris shall be removed as to not allow it to drift into roadways, storm drains, ponds/lakes or adjacent properties. b. Weed Control - Contractor responsible for keeping all areas weed-free at all times. i. Weeds are to be completely removed from all turf, shrub, ground cover, flowerbeds, tree rings, and paver block areas during the contract period. Properties that are part of the Landscape Maintenance Service Area shall remain weed-free at all times using manual or chemical methods. ii. Weeds growing from curb joints or other concrete areas shall be chemically treated and removed after the herbicide has penetrated to the roots if they are large enough to be a visual eyesore. iii. There shall be no run-off of chemicals into adjacent roadways, gutters, planting areas or other hard surfaces. iv. Contractor may use contact herbicides for spot killing of weeds. v. Weeds are to be mowed, trimmed or edged from turf areas as part of turf care operations. Weeds are to be manually or mechanically removed from ground cover each mowing cycle. c. Irrigation Checks — Irrigation systems will be checked upon each mowing operation to ensure no damage to heads or valves. Any leads or valves damaged by Contractor in the act of mowing will be replaced by Contractor at his/her/its cost. B. Pruning and Hedge/Shrub/Flowering Plant Maintenance—All hedges, shrubs, and landscaped areas will be trimmed once a month in accordance with professional horticulture and ornamental practices. Care shall be taken not to remove too much of the flowering surface branches when pruning. Pruning shall also include the removal of all dead and diseased wood which in not beneficial to the specific type of plant material. Pruning shall be accomplished with clean, sharp tools including a pole saw for any tree hangers that can be reached from ground level, in accordance with standard horticultural practices, to preserve the natural character of the plant. 01467267-1 18 Tools that cut, rip, or tear plants will not be allowed. All pruning cuts shall be done without leaving stub cuts, flush cuts, rips/tears, or straight cuts while removing all dead, dying, and/or diseased plant material. Branches protruding over walkways, into facilities such as fencing, buildings, etc., or obscuring walkways (10' clearance) or roadway right-of-ways (14' clearance). All plant material removed during the pruning process shall be containerized and disposed of properly. C. Palm Trimming -All palms will be trimmed once a month. All dead or dying fronds will be removed at this time. Lower palm branches (up to 10')will be trimmed to maintain clearance for pedestrian and vehicular traffic. Any palm exceeding a height of 16' or higher will be excluded, but can be trimmed at an additional charge upon authorization by the BBCRA. D. Trees -Trees are to be pruned once a month to control suckers or water sprouts and throughout the first year following installation, to establish proper structure; thereafter only corrective pruning as needed, for damaged, dead, crossing branches; obstruction; or aesthetics is needed. Trees must be trimmed to provide clearance of no less than eight (8) feet at all times. E. Irrigation Wet Check - Inspections and adjustments shall be done once a month wherein the entire irrigation system starting with the meter to the backflow to all the clocks, lines, and zones with their valves, heads, sensors, etc.to ensure that grounds and plantings are receiving adequate amounts of water while avoiding water loss. F. Irrigation Repairs — All needed repairs are to be documented, marked, and forwarded to the BBCRA immediately, and the damaged system is to be secured in the "off' position in order to limit the amount of water lost. An itemized estimate must be submitted and approved by the BBCRA prior to any repair work as the BBCRA reserves the right to complete repairs with in-house staff and/or to purchase the materials. G. Mulching—Two inches of shredded non-cypress mulch (not red mulch) shall be added to planting beds four (4) times a year in March, June, September and December. A granular pre-emergent herbicide shall be applied to all shrub beds PRIOR to the application of mulch. Beds will be clean of weeds when new mulch is applied. NO CYPRESS MULCH SHALL BE USED. H. Plant/Tree Installation - An itemized estimate must be submitted and approved by the BBCRA prior to any plant/tree installation as the BBCRA reserves the right to purchase the materials. All plants and/or trees must be visibly inspected and approved by the BBCRA prior to installation. See the Proposal Summary Sheets for Additional Services to submit hourly labor rates for installation. Additional maintenance cost will be addressed in accordance to Attachment "O," Standard Form of Agreement Between Owner and Contractor. 1. Fertilization -All turf areas will be fertilized four (4)times annually using only commercial custom blended fertilizer which is designed for S. Florida turf needs. One of the turf fertilization applications will be a weed and feed that will be applied in the spring season. Fertilizer used will be a top grade 16-4-8 or season equivalent. Palms, hedges and ornamentals will be fertilized three times per year with a granular 13-3-13 or equivalent. All granular applications will be broadcast at the manufacturers recommended rates. J. Pest Control—An Integrated Pest Management (IPM) Pest Control Program will be designed and applied four(4)times annually for the detection and treatment of any insects, fungus and diseases that may occur in both the turf and on all ornamentals in all common ground areas. A supervisor 01467267-1 19 with a commercial landscape pesticide certification will inspect and treat problems quarterly as detected in both the turf and all landscape materials throughout the site. Areas treated and problems corrected will be indicated in written activity reports. See below for specifications regarding pest control applications: 1. Pest Control Specifications — Turf: All turf areas will be inspected and treated quarterly for turf- damaging insects and disease. Turf showing damage will be treated at time of inspection. Turf insects and diseases to be treated include Chinch Bugs, Sod Webworms, Army Worms, Fire Ants, Brown Patch & Leaf Spot Fungus. In addition, broadleaf weed control and ant baiting applications will be completed twice annually. a. Pest Control Specifications — Ornamentals: All Ornamentals will be inspected every month for plant damaging insects and disease. Ornamentals showing damage will be treated at the time of inspection. Ornamental insects and diseases to be treated include Scale, Mealy Bugs, Aphids, Caterpillars and Leaf Spot Fungus. b. Pest Control Exclusions: The control of Fig & Spiraling White Fly, Millipedes, Fleas, Ticks and Nematodes are not included in this program. Grub control would be at an additional cost. Any Treatment of Ants, other than Fire Ants, is not included in the program. Ants in pavers are also not included. Structural Pest Control including Wasps, Mud Daubers, etc. are not included. Any Palm tree disease would be an additional cost. No potted plants included. K. Damages - Damage to landscape material due to any cause shall be immediately corrected by Contractor. This includes up righting and staking any fallen or leaning trees and palms; removal of dead or damaged material; and minor grading and replacement of sod displaced by vehicles. Any pits left from tree removal shall be filled with good soil and sod to match existing grade. (Contractor must contact BBCRA within 24 hours of such repairs). L. General - Contractor shall be capable of being contacted through their office and/or cellular phone numbers during the hours of 7:00 a.m. — 5:00 p.m., Monday through Sunday. A contact must be available during regular work hours, after-hours, weekends and holidays. All phone calls from BBCRA employees should be returned within four (4) hours. Contractor shall provide a working fax number and email address for use during business hours. Based on the aforementioned, Bidder must submit with his/her/its bid the name, address, fax number, office phone number, cellular number(s) and email addresses of all persons to be contacted for coordination of service. Other than emergency maintenance, no maintenance shall be performed on weekends or during holidays unless requested in writing and approved by the BBCRA. Work shall be performed between the hours of 8:00 a.m. and 5:00 p.m. Special attention will be given to specified areas prior to national holidays & special events to ensure that the site is at its best during these times. Contractor will check area two days prior to holiday and special events and verify that maintenance has been properly performed. M. Additional Work — These prices will not be added in the contract bid but used on an "as needed" basis. 1. Sod Replacement: Contractor will supply sod replacement to the BBCRA on an "as needed" basis. Sod will be priced per sq. ft. of removal, grade and install. 2. Plant and Tree Installation: Contractor will supply labor for installation of shrubs and trees 01467267-1 20 as needed. Labor will be priced at an hourly rate per person. 3. Additional Fertilizing: Contractor will supply labor for additional fertilizing if needed. Labor will be priced on an hourly basis per person required. 4. Additional Pest Control: Price per 50 gallons of insecticide or 50 pounds of granular insecticide per as needed application. 5. Additional Litter Removal: Contractor will supply labor for additional litter removal if needed. Labor will be priced at an hourly rate per person. 01467267-1 2 1 BID PRICE PROPOSAL BREAKDOWN a SCOPE of WORK - CATEGORY NNE: Improved Properties _ n h .r Amount Per Service 2 Times per Once a Month Basic 11tonth Maintenance Pruning Once a Once Location/Addres Litter Control, and !Month s blap# PCN# plowing,Line Hedge/5hru Palm Mont TOUL s Trimming/Edgin bt Flowering Trimmi h g,Blowing and Plant ng Trees Reed Control, Maintenanc irari atioa e BOYNTO\HARBOR-NZ A 110 NE 6th Street 08-43-45-27-03-000- -Marina Entry 0132&08-43-45-27-601. �J 8a S COt Torer 8 725 003-0000&08-43-45- $ $ $ g $ Casa Loma Blvd. 27-03-000-0071&08- )IJLJ 70 -Open Space. 43-45-27-03-000-0041 - Median&Harbor 211 E. OCEA-- AVENUE 211 E.Ocean 08-43-45-28-03-004- 002 Avenue 0130 $ f $ .2� $L�J $ $I PUBLIC PARKING LOT-115 N. FEDERAL G YAY 115 N.Federal 08-43-45-28-03-006- 003 Highraq 0010 $7� $�(p� 2 PUBLIC PARKING LOTS-\-E 4th STREET NE 1st A`TNUE NE 4th Street& 1 08-43-45-28-03-001- - C04 NE 1st Avenue 0080&08-43-45-28- $ { $ LID $ , 03-001-0100 1 401-411 NTON BEACH BLVD. 401-411 E_ 08-43-45-21-18-000- C05 Bognton Beach 0060 ti 08-43-45-21-18-1$ $ $ $ $ Blvd. 000-0051&08-43-45- I _f� L(� �C� /Q 21-18-000-0040 TOTAL $ ) 1 1.../ Is ) 180 $ I qL) the undersigned. having familiarized themselves with the local conditions affecting the cost of the work, with the Specifications(including Invitation to Bid. Instructions to Bidders.this bid.the Standard Form of Agreement,and the Scopes of Work)and Addenda, if any thereto, on file in the office of the BO`s NT01•1 BEACH COMMUtdl'`�` RECEVELOPMEhITAGENC`;', at 100 E. Ocean Avenue.4th Floor, Banton Beach. Florida, hereby proposes to furnish all labor material eou!pment ajid services required, all in accordance therewith, for the sum of ty2 �` ,k q� ! C.rt$�i pve Dollars(5 115'K5. ;on a month!.: basis,for the work outlined in this Bid Price Proposal Breakdown-6onthlyAmout Per Service for the maintenance of the properties listed in this Scope of'Nork and attached to the Standard Form of Agreement Between Owner and Contractor as.attachment';A'. idder's SiQna�t^ure + raSSC.//CiC ISL Print Name - Tit Date 01467267-1 22 13ID PRICE PROPOSAL N SCOPE OF WORK - CATEGORY ONE: Improved Properties Aim uaL Amount er Service. (4 times er yw r) 11ap 4atzoni:�ddres PCNI# Xlulchin I Pert" ' ati Pest TOT.A.LBOY_XTONN HARBORILARILXA 110 NE 6th Street 08-43-45-27-03-000- -Marina Entry 0132 & 08-43-45-27-60- Tower& 725 COl Casa Loma Blvd. 003-0000 0 08-43-45- � $ '5-V $ / -Open Space. 27-03-000-0071 &08- l�`'W �Q Median& Harbor 43-45-27-03-000-0041 211 E. OCEAN ANTNUE 211 E.Ocean 08-43-45-28-03-004- 002 Avenue 0130 $ I050 $ �� $ � $ lo-70 PUBLIC PARIM�G LOT-115 N. FEDERAL EEIGMVAY 115 N. Federal 08-43-45-28-03-006- 603 Highway 0010 $ $ $ZC� ls (500 2 PUBLIC PARKING _ th STREET & 'NE 1st . C04 NE 4th Street & 08-43-45-28-03-001- $ $ 4 $ f NE 1st Avenue 0080 & 08-43-45-28-03 5p $ q® (� 401-411 E. BOYNTON BEACH BLVD. 401-411 E. 08-43-45-21-18-000- 005 Boynton Beach 0060& 08-43-45-21-18- $ -50() $ CO $ZD $ 161�40 Blvd. 000-0051 & 08-43-45-21_ ``-,� TOTAL $1 $ 5 V $ The undersigned,having familiarized themselves with the local conditions affecting the cost of the work,with the Specifications(including Invitation to Bid,Instructions to Bidders,this bid,the Standard Form of Agreement,and the Scopes of Work)and Addenda,if any thereto,on file in the office of the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY,at 100 E. Ocean Avenue,4th Floor,Boynton Beach,Florida,hereby proposes to furnish all labor,materials,equipt and services required,all in accordance therewith,for the sum of £ w- w Q m 6 o i.me�n(�, _Dollars($ 11�I Ll 0 . 0 0 )annually,for the w ork outlined in this Bid ' Price Proposal Breakdow n- ` rnwuv�tFl r S�nsi �4tri�sps�,yer.I for the maintenance of the properties listed in this Scope of Work and attached to the Standard Form of Agreement Between Owner and Contractor as Attachment SAA 1'.l } e iddel's Si natur Print Name C 6_0 Title Date 01467267-1 23 a , ^Pci „ N N e� , m fX�a is a u r 731 7� 15 W9 AN m Q fl e, I r Ir IL 01467267-1 24 _ Allis � Zk pop % ,dei 1 {, l " � s 7 r 1 c � ` t _ ,Y } }r{ t i i t r }S WY,.' {, W OCL U LU �( W i� iso { r i {2, F aS Is6 3N 0 .:J 01467267-1 25 , r R �j N H ��papa, Nar a� 4 q it t 'W1 `I ,0 H 10 NO 1 y f F lk �S Z � mat � S � i•1 � " 1 4 ry tt � f m � z t iii t LU i ' W I M Y. Q V u -`) �, IL q-1 1S LI4t? 3N , r, 01467267-1 26 wj[ F ; an A:1 � �Qp ui { i � Y d � n s mLU d. '� m O � r z-11 LU t 4— j U W ,�; - Z l y t} Jo 10 3SW? 3N 01467267-1 27 s, U i 14 1 S € - O A 7r/ p .... h ' o�a oaIM8 N . vr ,m J it1 1i yy �iittl IS r I »'777 t >; � !G< o fl © v1 i W � T-4 DI, m lm c CID 1]. V J€ N y�lip, Q LU ca 01467267-1 28 ATTACHMENT "B" SCOPE OF WORK - CATEGORY TWO: Vacant Lots NOTE: The ITB divides the scope of work into two (2) categories to accommodate various types of properties owned by the BBCRA. Bidders(s) may submit a proposal(s) for one or more categories of work. Properties in this category consist of the following: 1. Large Development Vacant Lots (aka Cottage District) 2. E. Martin Luther King, Jr. Properties — MLK NORTH 3. NE 9t"Avenue 4. Misc. Vacant Lots SPECIFICATIONS A. Basic Maintenance shall be done two (2) times per month and includes Litter Control, Mowing, Line Trimming/Edging, Blowing and Weed Control. 1. Litter Control — Shall mean the collection and proper disposal, at the Contractor's expense (and not in any BBCRA container without prior approval) any debris such as paper, cans, bottles, fallen or hanging limbs, rocks, etc. which are not intended to be present as part of the landscape within the entire Landscape Maintenance Service Area including streets/parking areas, sidewalks, pathways, curbs, etc. and the emptying of all trash barrels on the site. a. Litter Control must be completed prior to any trimming/edging, mowing, or blowing to eliminate shredding of materials throughout the landscaping and to prevent any possible safety concerns. b. All litter is to be containerized and properly disposed of. 2. Mowing — Shall be performed in a manner that ensures a smooth surface appearance without scalping or leaving any "missed" uncut grass. a. All mowers are to be mulching mowers with closed chutes to minimize the spreading of clippings, must be adjustable to allow for the proper mowing height (Common Heights: Bermuda 0.5"-1.5" / Floratam St. Augustine 3.5"-4" / Bahia 3"-4" /Zoysia 1.5"-2.5"); actual height to be determined by the condition of the grass and the field usage. Mowers shall have blades sharp enough to cut rather than tear grass blades. b. Mowing shall be done carefully in order to avoid "girdling" trees or shrubs, intruding into ground cover beds, damaging sodded berms, or causing damage to sprinkler heads, valves, time clocks, curbs, or other facilities as the Contractor will be responsible for restoring all damage. c. Mowing shall not be done when weather or conditions will result in damaged turf or rutting; re-scheduling or vacating the schedule for that week must be coordinated with the BBCRA. 3. Line Trimming/Edging — Grass shall be trimmed/edged during or immediately after mowing. Trimming/Edging will be accomplished by line trimmer, mechanical edger, or by hand. Trimming/Edging must remove grass around all obstacles in the turf such as posts, trees, wall, signs, sprinkler equipment, sidewalks, pavers, etc. and shall provide clean turf edges around all planting beds. Trimming/Edging shall be done carefully in order to avoid damaging sprinkler 01467267-1 29 equipment, walkways, plantings, or other facilities as the Contractor will be responsible for restoring all damage. NOTE Trimming/Edging will be 1.5 feet awg-y from all trees, palms and exposed roots. 4. Blowing — Grass clippings and debris caused by mowing and trimming/edging shall be immediately blown off from all hard surfaces after mowing and line trimming/edging. Grass clippings and debris shall be removed as to not allow it to drift into roadways, storm drains, ponds/lakes or adjacent properties. 5. Weed Control - Contractor responsible for keeping all areas weed-free at all times. a. Weeds are to be completely removed from all turf, shrub, ground cover, flowerbeds, tree rings, and paver block areas during the contract period. Properties that are part of the Landscape Maintenance Service Area shall remain weed-free at all times using manual or chemical methods. b. Weeds growing from curb joints or other concrete areas shall be chemically treated and removed after the herbicide has penetrated to the roots if they are large enough to be a visual eyesore. c. There shall be no run-off of chemicals into adjacent roadways, gutters, planting areas or other hard surfaces. d. Contractor may use contact herbicides for spot killing of weeds. e. Weeds are to be mowed, trimmed or edged from turf areas as part of turf care operations. B. Damages - Damage to landscape material due to any cause shall be immediately corrected by Contractor. This includes up righting and staking any fallen or leaning trees and palms; removal of dead or damaged material; and minor grading and replacement of sod displaced by vehicles. Any pits left from tree removal shall be filled with good soil and sod to match existing grade. (Contractor must contact BBCRA within 24 hours of such repairs). C. General—Contractor shall be capable of being contacted through their office and/or cellular phone numbers during the hours of 7:00 a.m. — 5:00 p.m., Monday through Sunday. A contact must be available during regular work hours, after-hours, weekends and holidays. All phone calls from BBCRA employees should be returned within four (4) hours. Contractor shall provide a working fax number and email address for use during business hours. Based on the aforementioned, Bidder must submit with his/her/its bid the name, address, fax number, office phone number, cellular number(s) and email addresses of all persons to be contacted for coordination of service. Other than emergency maintenance, no maintenance shall be performed on weekends or during holidays unless requested in writing and approved by the BBCRA. Work shall be performed between the hours of 8:00 a.m. and 5:00 p.m. Special attention will be given to specified areas prior to national holidays & special events to ensure that the site is at its best during these times. Contractor will check area two days prior to holiday and special events and verify that maintenance has been properly performed. D. Palm Trimming -All palms will be trimmed once a month. All dead or dying fronds will be removed at this time. Lower palm branches (up to 10')will be trimmed to maintain clearance for pedestrian and vehicular traffic. Any palm exceeding a height of 16' or higher will be excluded, but can be trimmed at an additional charge, upon authorization by the BBCRA. 01467267-1 30 E. Trees -Trees are to be pruned once a month to control suckers or water sprouts and throughout the first year following installation, to establish proper structure; thereafter only corrective pruning, for damaged, dead; crossing branches; obstruction; or aesthetics is needed. Trees must be trimmed to provide clearance of no less than eight (8) feet at all times. F. Additional Work — These prices will not be added in the contract bid but used on an "as needed" basis. a. Sod Replacement: Contractor will supply sod replacement to the BBCRA on an "as needed" basis. Sod will be priced per sq. ft. of removal, grade and install. b. Plant and Tree Installation: Contractor will supply labor for installation of shrubs and trees as needed. Labor will be priced at an hourly rate per person. c. Additional Fertilizing: Contractor will supply labor for additional fertilizing if needed. Labor will be priced on an hourly basis per person required. d. Additional Pest Control: Price per 50 gallons of insecticide or 50 pounds of granular insecticide per as needed application. e. Pruning and Hedge/Shrub/Flowering Plant Maintenance — All hedges, shrubs, and landscaped areas will be trimmed in accordance with professional horticulture and ornamental practices. Care shall be taken not to remove too much of the flowering surface branches when pruning. Pruning shall also include the removal of all dead and diseased wood which in not beneficial to the specific type of plant material. Pruning shall be accomplished with clean, sharp tools including a pole saw for any tree hangers that can be reached from ground level, in accordance with standard horticultural practices, to preserve the natural character of the plant. Tools that cut, rip, or tear plants will not be allowed. All pruning cuts shall be done without leaving stub cuts, flush cuts, rips/tears, or straight cuts while removing all dead, dying, and/or diseased plant material. Branches protruding over walkways, into facilities such as fencing, buildings, etc., or obscuring walkways (10' clearance) or roadway right-of-ways (14' clearance). All plant material removed during the pruning process shall be containerized and disposed of properly. f. Plant/Tree Installation - An itemized estimate must be submitted and approved by the BBCRA prior to any plant/tree installation as the BBCRA reserves the right to purchase the materials. All plants and/or trees must be visibly inspected and approved by the BBCRA prior to installation. See the Proposal Summary Sheets for Additional Services to submit hourly labor rates for installation. Additional maintenance cost will be addressed in accordance to Attachment "O," Standard Form of Agreement Between Owner and Contractor. g. Additional Litter Removal: Contractor will supply labor for additional litter removal if needed. Labor will be priced at an hourly rate per person. 01467267_1 3 1 BID PRICE PROPOS_LL BREAKDONY.NN SCOPE OF WORK-CATEGORY TWO: Vacant Lots lonthlt'Amount Per Sen-ice 2 Times Per Month Basic Maintenance Once a Once a Month Map# LocationlAddress PCN# Litter Control, Month Palm Trees TOTAL Moving,Line Trimming TrimmingfEdgi LARGE DEITLOPM EINTIVACANN LOTSAK4,COTTAGE DISTRICT CT7ottage istrict- PCN's attached to Map $ j Ott $ l[7 $ /a $ CD18 Vacant Lots-NE 4th& IO2o F-MARTIN LUTIIER MG,JR BLVD.PROPERTIES (NNE 10TH A`Tn7E) 112 Lot 11&12 E MLK 08-43-45-21-25-001-0110 $ $ $ $ Blvd. �� f ® JCO Lot 14 NE MLK BlAdvenue- 08-43-45-21-04-000-0140 $ 3o $ f $ f $ 56 308 E MLK Blvd. 08-43-45-21-04-000-0130 $ O $ ro $ -0 $ , cam CT2 Lot 10 NE 10th Avenue- 08-43-45-21-04-000-0100 $ p O E MLK Blvd. N� "°;1 Lot 8 NE 10th Vdenue-E 08-43-45-21-04-000-0080 $ r, ., $ t $ 1 Q $ 5-C) Lot 7 NE 10th Avenue-E 08-43-45-21-04-000-0070 $ 30 $ (� $ $ MLK Blvd. (� 570 --NE 9th A'% MqU - 211 NE 3th Avenue 08-43-45-21-18-000-1700 $ d $ j Q $ s $ 231 NE 9th Avenue 08-43-45-21-18-000-1650 $ $ -0 $ $ r; 235 NE 9th Avenue 08-43-45-21-18-000-1640 $ $ 10 $ 1 O $ CT3 Lots 154,155&156 NE 08-43-45-21-18-000-1540 9th Avenue 1001 N. Railroad 08-43-45-21-18-000-1510 (O -5-0 Avenue&NE 9th INUSC.V A AN'''1'LOTS 402 NW 12th Avenue 08-43-45-21-14-000-4150 $ 3 o $ � $ 16 $_71-171- 1110-1102 1 + 1110-1102 N. Federal 08-43-45-21-32-002-0211& -Hi hva 08-43-45-21-32-002-0201 $ $ ra $ f $ S'� CT4 407 NE 1st Street 08-43-45-21-30-002-0231 $ $ - $ 10 $ d;, 08-43-45-21-30-001-0110& 106 NE 3rd Street _- 08-43-45-21-30-001-0120 $ 1 $ S 545 NW 11th Avenue 1, 08-43-45-21-14-000-3580 1$ -,0 1$ f b $ $ TOTAL Is l i80 $ $ j - Is 1�2� -he undersigned, having familiarized themselves with the local conditions affecting the cost of the work, with the Specifications(including Invitation to Bid, Instructions to Bidders,this bid.the Standard Form of Agreement, and the Scopes of, crk,%and;addenda, if any thereto, on file in the office of the BOYId TOld BEACH COI SIJUNrj' REDEVELOPLIEt-I AGENCY.at 10 G E.Ocean;:venue, 4th Floor. Boynton Beach. /Flend4$hereby pro uses jto furnish,n all labo materials, equipment and services required,all in accordance therewith. for the sum of �i ' 1�11ir1c�1d1 Dollars tS_ Z®_ ?on a basis. for the work outlined in this Bid Price - -• I= Proposal Breakdown4lonth ly Amout Per S Properties listed in this Scope vice for the maintenance of the a cf�,Vork and attached to the Standard Form of greement Between Owner and Contractor as Attachment &der's Signature_. ` J CAalt", /�,V, Print Name itle r c Cate 01467267-1 3 2 r s n L f its, i , ¢ t „ n J v t i £ 4�4 a n Or t1 As , 0 cent t � •� %- S ' r Z �} i� t U w W .`'' Q }- 'cam ' 8" l�Rt�;�,r � t=' � �$ �'' +� � •�, e } w Q 1B � n OF, w LL, cn Ce t n � w f —05 Y ! n �ti t I Am " 01467267.1 3 3 COTTAGE DISTRICT is t (13j tfsls`s rt Aytifrr 41� t.($ r�\t t r1,�1 .:• „t I3�_ , `r,t!r, �}�,k��l� �������d+��!!�ti,,��r�� {��,�<lj,\If�,� „f\,F,ll„ 1 `1s£:;t. ,i,1��1t t\ rfdy�t:, r ,sgy4,1 NE 5th 2 114 Avenue Lot 1, Blk 1,Sunny Side Ests 08-43-45-21-28-001-0010 NE 5th Portions of Lots 2&3,Blk 3 118 Avenue 1,Sunny Side Ests. 08-43-45-21-28-001-0020 NE 5th Portions of Lots 3&4,Blk 4 122 Avenue 1,Sunny Side Ests. 1 08-43-45-21-28-001-0031 1 1 i NE 5th Portions of Lots 4,5&6, 5 136 Avenue Blk 1,Sunny Side Ests 08-43-45-21-28-001-0041 NE 5th Portions of Lost 6&7, Blk 6 1 140 1 Avenue 1,Sunny Side Ests 08-43-45-21-28-001-0.06.1_ NE 5th Portions of Lots 7&8,Blk 7 144 Avenue 1,Sunny Side Ests 08-43-45-21-28-001-0071 N 100 Ft.of Lot 1, Blk 3, Shepard Addition to 8 517 NE 1st Street Boynton 08-43-45-21-29-003-0011 N 60 Ft.of S.200 Ft of Lot 1,Blk 3,Shepard Addition 9 515 NE 1st Street to Boynton 08-43-45-21-29-003-0013 NE 1st Avenue (Property i Appraiser has s it as 511 NE Portions of Lot 1, Blk 3, 10 511 1st Street) shepard Add 08-43-45-21-29-003-0012 Shepard Add S 75 ft.or Lot 11 145 NE 4th Ave 1, Blk 3 08-43-45-21-29-003-0014 Lot 2 and the NE 1/4 of Lot 12 a & NE 4th 3,Block 3,Shepard 08-43-45-21-29-003-0032; b xxx Avenue Addition to Boynton 08-43-45-21-29-003-0020 NE 4th Portions of Lot 3, Blk 3, 14 127 Avenue Shepard Add 08-43-45-21-29-003-0034 NE 4th W 75'of Lot 4/1-ess N 140'/ 15 121 Avenue Blk 3 Shepard Add 08-43-45-21-29-003-0041 1 Portions of Lots 3,4,&5, 16 ( xxx NE 4th Ave Blk 3,Shepard Add 08-43-45-21-29-003-0033_ NE 4th Portions of Lot 5, Blk 3, 18 105 Avenue Shepard Add 08-43-45-21-29-003-0051 NE 4th Portion of Lot 8, Blk 3, 19 103 Avenue Shepard Add 08-43-45-21-29-003-0081 N.Seacrest Portions of Lots 7&8,Blk 20 , 508 Blvd. 3,Shepard Add j 08-43-45-21-29-003-0071 01467267-1 34 ft } m n - � r jr 46i f r � IN to z Qr �� � u . ` ' 111� a t7`1 r '�lEtt� yr -"P 21 I lr 16i�f Z - € � QLtj urm m w ur �va w.1 df "•[ + (L at 3 > -401 a j w �.__. 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N pop , f��J�Jr�f ra r � � tr4 01 i04N 10,0 9 tt 1 Ina litk W46MO-1 39 ATTACHMENT "C" SITE INSPECTION CONFIRMATION Project Title: Landscape Maintenance for Category One: Improved Properties ce _ as an authorized agent of (Name and Title of Company Representative) 1 CC fil�S� J �a4�/)Qke' I11( .(hereinafter called the Bidder) located at '� tt (Name of Company) hereby certifies that on 2021, Bidder(s) or Bidder(s)' representative personally visited the following Project sites: 1. Boynton Harbor Marina 2. 211 E. Ocean Avenue 3. Public Parking Lot— 115 N. Federal Highway 4. 2 Public Parking Lots—NE 4th Street& NE 1St Avenue 5. 401-411 E. Boynton Beach Blvd. and has carefully examined the existing conditions and reviewed these conditions as they relate to Attachment "A," Scope of Work, Category One: Improved Properties, for the Project prior to submitting his i s bid. Bid,qer's Signs re Print Name Title Date 01467267-1 40 SITE INSPECTION CONFIRMATION Project Title: Landscape Maintenance for Category Two: Vacant Lots h 5 as an authorized agent of (Name and Title of Company Representative) 'f- �111rr� lv1te ll C(hereinafter called the Bidder) located at (Name of Company) hereby certifies that on 72,�� 1 , 2021, Bidder(s) or Bidder(s)' representative personally visited the following Project sites: 1. Large Development Vacant Lots (aka Cottage District) 2. E. Martin Luther King, Jr. Properties 3. NE 9t'Avenue 4. Misc. Vacant Lots and has carefully examined the existing conditions and reviewed these conditions as they relate to Attachment "B," Scope of Work, Category Two: Vacant Lots, for the Project prior to submitting his/her/its bid. ( � gr Bidder's Si na e Print Name C-Eb Title Date 01467267-1 41 ATTACHMENT «D" ADDENDA ACKNOWLEDGEMENT Receipt is hereby acknowledged of the following addenda to the The Boynton Beach Community Redevelopment Agency Invitation to Bid CONTRACT FOR LANDSCAPING MAINTENANCE SERVICES ON PROPERTIES OWNED BY THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY entering checking YES or NO in the space provided and indicating date received. No. 1 Yes ❑ No Date �� 1 No. 2 ❑ Yes ❑ No Date No. 3 ❑ Yes ❑ No Date No. 4 ❑ Yes ❑ No Date No. 5 ❑ Yes ❑ No Date ITB INFORMATION ASO TI FROM: gz-B--BCRA Website ❑ Newspaper Ad ❑ City Hall ❑ Other, please specify: Authorized Signature Print Name cee Title Date 01467267-1 42 ATTACHMENT 66E99 ACKNOWLEDGMENT LETTER BIDDER(S) SHALL INCORPORATE THIS ACKNOWLEDGEMENT LETTER IN THEIR BID PACKAGE Re: Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 Project: Invitation to Bid (ITB) dated March 29, 2021 CONTRACT FOR LANDSCAPING MAINTENANCE SERVICES ON PROPERTIES OWNED BY THE BBCRA Bid Price: 1. Category One: $ Total of monthly services x 12 months 2. Category One: $ i Jt4t'D Total of annual services 3. Category Two: $ R j KQ Total of monthly services x 12 months Total Contract Price (sum of 1, 2, and 3 above) $ P So To Whom It May Concern: The undersigned has read the Boynton Beach CRA (BBCRA) Invitation to Bid (ITB) for the above- referenced Project. On behalf of Bidder identified below and our bid team, we agree to and accept the terms, specific limitations, and conditions expressed therein. We have read, rely upon, acknowledge and accept the BBCRA's disclosure and disclaimer, which is fully incorporated by reference into this letter, and certify that all of the requirements as described in the ITB are met and all required documents are enclosed. We agree to be bound by the Bid Price above and as otherwise provided in the bid. We further certify that all information presented in this bid, and all of the information furnished in support of the bid, is true and complete to the best of our knowledge and belief, and we are aware of the fact that making false statements or presenting false information that results in an agreement may be penalized to the maximum extent allowed by law. Sincerely, l �- Name of Bidd rr uthkorized Signa re Date A"- Print - Name and Title 01467267-1 43 ATTACHMENT "F" PUBLIC ENTITY CRIMES STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not: submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; submit a bid proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; submit bids, proposals, or replies on leases of real property to a public entity; be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; or transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months following the date of being placed on the convicted vendor list. As the person authorized to sign the Statement, I certify that Bidder has not been placed on the convicted vendor list within the past 36 months and complies fully with the above requirements. P14 Nc'Amao" Bidder Name Authorized Sig ti Print Name Title Date 01467267-1 44 ATTACHMENT "G" LIST OF EQUIPMENT AND PERSONNEL In preparing the tabulation below, the Bidder shall insert the following information under the appropriate heading, using a separate line for each major it and an additional page, if necessary. (a) ITEM, Description of equipment. (b) USE: Description of what the equipment will be used for in the project. (c) AGE AND CONDITION- Original model year of equipment- if equipment has been rebuilt, year of last overhaul. (d) OWNED EQUIPMENT: whether Bidder owns equipment. AGE AND ITEM USE CONDITION OWNED (a) (b) (C) EQUIPMENT _mm Yes/N 0 I—_Ud uj&d ECA�5 weeA r� 2-b2,1 2 C,2- 2-o tg -2-o?-1 4e S 57, --60(5 ccp-1-0 U zo- 2-0'Z -?�Qf%iJ6A 'CA% Z U.5 2-o7o wort Z0 - 2--6 Z I Yes Provide a list of key personnel who will be performing the work for this Project on a separate page in the following format: Name ' Job Title/Description Years with Phone/Email After Company Hours P\jme Y` Contact Yes or No 01467267-1 45 F i MAINTENANCESTART www.FresliStartAlainte.iiazlce.coni ATTACHEMENT "G" LIST OF EQUIPMENT AND PERSONNEL Name Job Title/Description Years with Phone/Email After Hours(Y/N) Company Nicholas Petrino CEO 3 561.603.7788 Y X y _ Nicholas@t're.shstarf l iriterlarice.corti Ashlee Samsel Administrative 3 561.541.7611 Y Ashlee61287("u gtllail.co�ll Norman Wright Foreman 2 561.572.1464 Y Nonilaii@7 freshstartditairiteilance.conl Anthony Young Supervisor 1 561.907.9976 N II N/A Ray Ortiz Supervisor 1 914.473.0615 N Michael Smeltzer Supervisor 1 863.532.6601 N t N/A • Crew Member (Labor) personnel are not listed on attachment G. Company Personnel Size, 19x Persons { Sincerely, i Fresh Start Maintenance Inc. CEO: Nicholas M. Petrino/Nicholas@FreshStartMaintenance.com Office. 1.844.307.2319 / Cell, 1.561.603.7788 Www.FreshStartMa.intenance.com ," "'�li, i I I i ATTACHMENT "H" BIDDER'S INFORMATION AND PAST PERFORMANCE Business Name: . T�C- J 1 C- Street Address: W C �ctr►r+ ;' e. - vv Mailing Address (if different): �20 T-- r, City, State, Zip Code: W . - m Telephone No. [ Q i1j. : Fax No: Email Address of Contact Person: e Ma„ ,aare ,cc,"h Position/Title of Contact Person: G-0 Ownership Status - Is the company currently for sale or involved in any transaction to expand or to be acquired by another business entity? If yes, please explain the impact to the organization and management efforts. �e Age of Organization — In continuous business since: to Leadership - List Corporate Officers, Principals, Partners or owners of your Organization with titles and addr sses. If a publicly held company, list Chairman of the Board, CEO, and President: Cep Federal Identification No.: Z- 2. State of Incorporation & Registration No.: C)O If not a corporation, explain your status: _____-.... .. JOINT BIDDING, CO-OPERATIVE PURCHASING AGREEMENT: Will extend same price, terms, and conditions of this bid to other CRAs; Palm Beach, Martin, and Broward County governmental entities and agencies. [9”'(es ❑ No 01467267-1 46 Professional References: Provide three (3) verifiable professional references: F_ Contact Name/Company Scope of Work/Contract Dates of Address/Telephone/Email Amount Services i Kc::�eA•,jce -weed c",oI "ire l,'s Cvnnn���i� f1v►M� (31, r) � i tem -E4c �, z00%(nom 2. (A W �� [ LQ�bscve wry't m5 2020 I" 17•�CQQ� ��6 (' 5w.�L10 .40M J&$ L152 X 53, i cy 3. HCkMrn d0(_S_Tk,� (--E f� \41kINd H L��3sCs 5"i aes On�•n 15(p i. q%3. teom 11 a,,L®0 co 1 ,1 Legal History: Has Bidder been invwith any litigation within the past four (4) years? F-1Y esYes If Yes, list all civil and criminal legal actions as required by the Invitation to Bid in a separate attachment in the following format: Case Number ( Description State Disposition 01467267-1 47 ATTACHMENT 'T) SCHEDULE OF SUBCONTRACTORS Bidder(s) are to submit a detailed listing of any subcontractor participation of any portion of this project for any reason. Attach additional pages if necessary. Project Title: CONTRACT FOR LANDSCAPING MAINTENANCE SERVICES FOR THE PROPERTIES OWNED BY THE BOYNTON BEACH CRA Issuance Date: March 29, 2021 Bidder(s)' Name: f{5 Name/Address/Phone Type of Work to Dollar Amount % of Total of Subcontractor be Performed Name: > ��I aA k tea. , � Address: / -r n 3qo (O ko\kk Lw �40 (^ 334r�, Phone: �n l Name: i Address: Phone Name: _. Address: Phone: 01467267-1 48 ATTACHMENT "J" CERTIFICATION OF DRUG FREE WORKPLACE PROGRAM certify that ��� S77rj- kmiv /M ncr- )/jrthe Bidder responding to this ITB, maintains a drug-free workplace program, and that the following conditions are met: (1) Bidder publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace; and specifying the actions that will be taken against employees for violations of such programs. (2) Bidder informs employees about the dangers of drug abuse in the workplace, the company's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Bidder gives each employee engaged in providing the commodities or contractual services included in this ITB a copy of the statement specified in Subsection (1). (4) In the statement specified in Subsection (1), Bidder notifies the employee that, as a condition of working in the commodities or contractual services covered under this ITB, he/she will abide by the terms of the statement; and will notify the employer (Bidder) of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 893 or any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) Bidder imposes a sanction on, or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is convicted. (6) Bidder makes a good faith effort to continue to maintain a drug-free workplace through implementation of this Section 287.087, Florida Statutes. As the person authorized to sign the statement, I certify that Bidder complies fully with the above requirements. Authorized Signature: ,n Date Name & Title (typed) S- ,6 Cis 01467267-1 49 ATTACHMENT "K" LOCAL BUSINESS PREFERENCE CERTIFICATION STATEMENT When seeking local business preference status, a Bidder must complete and file a written statement as follows: WRITTEN STATEMENT REQUESTING LOCA ria rs ( t Q L BUSINESS STATUS [OFFICER OF COMPANY] Under penalty of perjury, I certify: I am an authorized representative of re6. c . [NAME OF COMPANY] (Bidder)and on behalf of the Bidder request that it be deemed to be a local business for purposes of the ITB. The following answers accurately reflect the status of the business seeking local preference. Answering yes to question 1 and question 2 will qualify the business as a local business. In support of this request I certify the following information as being true and correct: Name of Business (1) Is the business located Yes No Number of Years: within the City limits of Boynton Beach, Florida? i Does the business have a �e-s- (2) No Business License Number: business tax receipt issued in the current year? 20 1 (3) Is the business registered CYe �. No with the Florida Division of Corporations? I understand that misrepresentation of any facts in connection with this request may be cause for disqualification of this bid. I also agree the Bidder is required to notify the BBCRA in writing should it cease to qualify as &local business. Bidder's Signal re Y6 �V .� 's alb Print Name CZ-V Title Date 01467267-1 50 ATTACHMENT "L" INSURANCE REQUIREMENTS Without limiting any of the other obligations or liabilities of the Contractor,the Contractor shall, at his/her/its own expense, provide and maintain in force, until all of its services to be performed under the Standard Form of Agreement have been completed and accepted by the BBCRA(or for such duration as it otherwise specified herein), the following insurance coverages: A. Worker's Compensation Insurance to apply to all of the Contractor's employees in compliance with the "Worker's Compensation Lave' of the State of Florida and all applicable Federal Laws. Employer's Liability with limits of$100,000 per person, $500,000 per occurrence and $100,000 per each disease. B. Comprehensive General Liability with minimum limits of one million dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and $1,000,000 minimum Property Damage Liability. Additionally, coverage shall also include $1,000,000 aggregate on products and completed operations; $2,000,000 general aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements other than ISO Endorsement GL 21 06, as Filed by the Insurance Services Office and must include: 1. Premises and/or Operations 2. Independent Contractors 3. XCU Coverages. 4. Broad form Contractual Coverage applicable to this specific contract, including any hold harmless and/or indemnification agreement. 5. Personal Injury Coverage with employee and contractual exclusions removed. C. Business Automobile Liability with minimum limits of three hundred thousand dollars ($300,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: 1. Owned Vehicles 2. Hired and Non-Owned Vehicles 3. Employers' Non-Ownership D. The BBCRA and The City of Boynton Beach shall be named as an additional insured on the Contractor's policies and a waiver of subrogation shall be provided for all policies. Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue, 4t' Floor Boynton Beach, FL 33435 City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 01467267-1 51 ATTACHMENT "M" CERTIFICATION OF NON-SCRUTINIZED ENTITY as Bidder, hereby certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, and is not engaged in a boycott of Israel. If the BBCRA determines that this certification is falsified or contains false statements, or that Bidder is placed Scrutinized Companies that Boycott Israel List or engages in a boycott of Israel after the submittal of the bid ort execution of any agreement arising out of this ITB, the BBCRA may disqualify the bid and/or terminate the agreement. ej 3 Bidder Name By: Authorized Representative of Bidder Date: %�-7/2 STATE OF COUNTY OF THE FOREGV_ IN INS .NT me this day of 2021, by AZJTRUXa acknowledged before who is personally known 4tme or who V f D has respectively produced C. as identification and did not take an oath. Notary Public: Print Name: Commission No: (Se My Commission Expires: IRLA14DO LEVI RE-ORICH t 14.ta'y P., t F1 Mc-S�'I"f -rid' '0" ORLA14DO LEVI RIVERO GREGORI H G"'O" qotary Public-State, F _'"4906 Commission 4_C Expires Sep 20 202 1 '�"Ik Com'.1ssion 9 GG 144906 of Fbrida f J"'YC.m' v"IyComm.Expires Sep 20,2021 01467267-1 52 ATTACHMENT "N" AUTHORIZATION FOR RELEASE OF INFORMATION To whom it may concern: The undersigned hereby authorizes you to release to the Boynton Beach Community Redevelopment Agency (BBCRA) or the City of Boynton Beach any information in your possession regarding the undersigned either of a professional or personal nature including the statement of your opinions with regard to the undersigned's professional credibility and personal character, or of the bidder identified below. The undersigned also authorizes you to release to the Boynton Beach Community Redevelopment Agency (BBCRA) or the City of Boynton Beach any information your possession regarding the business identified as "bidder" below. f B .- STATE OF COUNTY OF 17.IJIA THE FOREG �G IN TRU ENT s acknowledged before me this day of 2021, by, - who is personally known o me or who has respectively produced L as identification and did not take an oath. Notary Public: A al Print Name: — -- i�.v"H'' ORLANDO LEVI RIVEROGREGORICH Commission No: (Seal) ='r�1` NotaryPablle - state:.fnorida M Commission Expires: ;r' °� CommissionAGG1h4906 Y :'r„ fAy Comm.Expires Sep 20,2021 am Name: (C �dS &10 Home Address: a(aft�-h i�,, '?3y1l,. Home Telephone Number:( leo S-7,7VS Business Telephone Number: ` LIL(3y-1 3) q Fax Number: Date of Birth: ® ! W Professional License Number: VC006obt 11#2-1 Q�C,Sa \t in�u Bidder Business Name: 01467267-1 5 3 ATTACHMENT 99 099 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR I ("Contract") made by and REDEVELOPMENT AGENCY (hereinafter ll r"), and Florida r r ti n, with a businessaddress ' (hereinafter caIIed "Contractor"). Collectively, Owner and Contractor may be referred i individually I T N E S E T H: In consideration of the mutual covenants, r i , and consideration her i r set , the sufficiency is cth Parties hereby acknowledge, Owner and Contractorr I . Article . 1.1 The Contr cc will perform work as shown in the "Scope of °', which is attachedto this Contract xi it " ", and incorporated ri reference. Invitation ti issued by Owner heretoattached x i it "B" and Contractorsi in response to the Invitation to Bid attachedhereto as Exhibit "C," are also incorporated herin by reference. 1.2 Contr r shall perform the Scoper (alsoreferred to as "Work") as identified in Exhibit "A" attached hereto and made a part hereof, for fur ( years, commencing 1 and ending2 i Contract may be renewed forr ( ) additional one-year terupon the execution of a writtenamendment this Contractt i . 1.3 Contr r shall provide a monthly maintenance schedulein a format cc t I to Owner for the Scopef Work identified in Exhibit "A." The maintenanceschedule II be updated r c r throughoutr f the Contract. 1.4 Contr ct r shall furnish ll services, labor, equipment, and materialsnecessary required for the Workin the performancef this ntr c , except as otherwisespecifically rvi r herein, and all work performedr this cn r c II be done in a professional manner. 1.5 Conr c r hereby represents to Own r, with full knowledge that Owner is relying upon these representations when entering into this cntr ct with Contractor, that Contractor has the expertise, experience, eui n , capability, and manpower to performthe Work. All of the r l{ be performed the Contractor, or under Contractors supervision, and all personnel engaged in performing the Work shall be fullyqualified, competent, n , if required, lic or permitted under state and local law to performsuch work. 1.6 Conr ctcr hereby represents to Owner that Contractor is properly licensed y the applicable federal, state, and local agencies to provide the Workunder this Contract. Furthermore, agreesr in such licenses y be necessary to perform the scopec uin term f 61467267.1 4 this Contract. If Contractor's license is revoked, suspended, or terminated for any reason by any governmental agency, Contractor shall notify the Owner immediately. 1.7 Contractor hereby agrees to conduct all Work and services under this Contract in accordance with all the applicable federal, state, City of Boynton Beach, Owner, Palm Beach County, and local laws, rules, ordinances, or regulations. A violation of any federal, state, City of Boynton Beach, Owner, Palm Beach County, or local law, rule, ordinance, or regulation may be considered a breach of this Contract, allowing the Owner to terminate this Contract. Article 2. Owner's Representative. 2.1 The Owner's Representative for this Contract shall be the BBCRA's Assistant Director, or designee. 2.2 The Owner's Representative shall have general supervision and direction of the work. He/She has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract. He/She shall also have authority to reject all work and materials which do not conform to the Contract and to decide questions which arise in the execution of the work 2.3 The Owner's Representative shall, upon presentation to him/her, make prompt decision in writing on all claims of the Owner or the Contractor and on all other matters relating to the execution and progress of the work or the interpretation of the Contract. Article 3. Change in Scope of Work. 3.1 The Owner, without invalidating the Contract, may order additions to or deduction from the work in which event, the monthly invoice will be adjusted accordingly. If actual services to be provided differ from the Scope of Work provided for in the attached "Scope of Work,"the Owner will pay the Contractor based on an agreed upon price. Any claim for extension of time must be identified and adjusted at the time of ordering such change. Any changes in the Scope of Work and/or the Total Contract Price shall be through the execution of a Change Order signed by both parties. No individual change order shall exceed $10,000 without BBCRA Board approval. Article 4. Subcontractors. 4.1 The Contractor shall, as soon as possible after the signing of the Contract, notify the Owner's Representative in writing of the names of all proposed Subcontractors for the work, said Subcontractors to be subject to the approval of the Owner's Representative. Future addition or replacement of Subcontractors may be allowed subject to approval of the Owner's Representative. 4.2 The Contractor agrees that he is as fully responsible to the Owner for the acts and omission of his Subcontractors and of persons either directly or indirectly employed by them, as he/she/it is for the acts and omissions of persons directly employed by them. 01467267-1 55 4.3 Nothing contained in the Contract shall create any contractual relation between any Subcontractor and the Owner. Article 5. General Conditions 5.1 The Contractor shall protect all materials and workers against injury from any cause and shall provide and maintain all necessary guards for the protection of the public. He shall be held responsible for his negligence in the prosecution of the Work. 5.2 Upon completion, all debris and waste materials resulting from operations shall be removed from the project and disposed of legally by the Contractor. 5.3 This Contract does not create an employee/employer relationship between the parties. It is the intent of the parties that the Contractor is an independent contractor under this Contract and not the Owner's employee. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to Work or services rendered under this Contract shall be those of Contractor, which policies of Contractor shall not conflict with Owner or State policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the Owner, that it has full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Contract shall not be construed as creating any joint employment relationship between the Contractor and the Owner and the Owner will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. Article 6. Compensation; Form of Payment. 6.1 Contractor will submit an invoice every month in the amount of$ for Work completed the previous month. Owner will pay Contractor within 30 days of receipt of Contractor's invoice and in accordance with the Local Government Prompt Payment Act, Section 218.70, et al., Florida Statutes. The amount of the invoice and payment shall not change, unless another amount is agreed to in writing by both parties, or unless the amount is changed pursuant to another provision of this Contract. Reasons for change in invoicing and payment include, but are not limited to, changes in scope of work, claims for extra cost, default or breach of Contractor, and incomplete or incompetent work. All Payments shall be in the form of an Owner's check made payable to the Contractor. No payment made under this Contract shall be conclusive evidence of the performance of this Contract by the Contractor, either wholly or in part, and no Payment shall be construed to be an acceptance of or to relieve the Contractor of liability for the faulty or incomplete rendition of the Work. Article 7. Claims for Extra Cost. 7.1 If the Contractor claims that any instructions issued after the date of the Contract involves extra cost under the Contract, he shall give the Owner's Representative written notice thereof within two (2) days after the receipt of such instructions, and in any event before proceeding to execute the requested work. In cases of an emergency endangering life or property, the procedure shall then be as provided 01467267-1 56 for in Article 3 Changes in the Scope of Work. No such claim for additional work shall be valid unless made in conformance with this Contract. 7.2 Extra work not included in Article 1 of this Contract, but authorized after the date of the Contract that cannot be classified as within the scope of work may be done at mutually agreed price, or on a lump sum basis. Article 8. Insurance Coverage. The Contractor shall obtain all insurance required by the Owner and provide proof thereof prior to performing the work, and include in such proof the Certificate of Insurance. The Owner and the City of Boynton Beach shall be named as an additional insured on the Contractor's policies (including products) with respect to liability arising out of work performed by the Contractor or acts or omission of the Contractor in connection with the work or this Contract. A waiver of subrogation shall be provided for all policies. All Insurance must remain in force for so long as is necessary to cover any occurrence relating to, resulting from, or arising out of this Contract or the work performed as a result of this Contract. The following information must be included in the Certificate of Insurance for the additional insured: Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue, 4th Floor Boynton Beach, FL 33435 City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 8.1 Worker's Compensation Insurance to apply to all of the Contractor's employees in compliance with the "Worker's Compensation Law" of the State of Florida and all applicable Federal Laws. In addition, the policy must include Employer's Liability with limits of $100,000 per person, $500,000 per occurrence and $100,000 per each disease. 8.2 Comprehensive General Liability with minimum limits of one million dollars ($1 ,000,000.00) per occurrence combined single limit for Bodily Injury Liability and $1,000,000 minimum Property Damage Liability. Additionally, coverage shall also include $1,000,000 aggregate on products and completed operations; $2,000,000 general aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements other than ISO Endorsement GL 21 06, as Filed by the Insurance Services Office and must include: a. Premises and/or Operations b. Independent Contractors C. XCU Coverages. d. Broad form Contractual Coverage applicable to this specific contract, including any hold harmless and/or indemnification agreement. e. Personal Injury Coverage with employee and contractual exclusions removed. 01467267-1 57 f. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide the Boynton Beach Community Redevelopment Agency with thirty (30) days written notice of cancellation and/or restriction. 8.3 Business Auto Policy. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance service Office and must include: a. Minimum Limits of$300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b. Owned Vehicles. C. Hired and Non-Owned Vehicles. d. Employee Non-Ownership. e. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide the Boynton Beach Community Redevelopment Agency and the City of Boynton Beach with thirty (30) days written notice of cancellation and/or restriction. Article 9. Indemnification; Waiver. 9.1 The Contractor shall indemnify, save, and hold harmless the Owner, the City of Boynton Beach, and all Owner and City of Boynton Beach agents, officers, and employees from any liability, claim, demand, suit, loss, cost, expense or damage (including attorneys' fees, such as attorneys' fees at the trial and appellate levels) which may be asserted, claimed, or recovered against or from the Owner, its agents, or its employees, by reason of any property damages or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to the negligent or wrongful conduct or the faulty equipment (including equipment installation and removal) of the Contractor. Nothing in this Contract shall be deemed to affect the rights, privileges, and sovereign immunities of the Owner or the City of Boynton Beach as set forth in Section 768.28, Florida Statutes. This paragraph shall not be construed to require Contractor to indemnify the Owner for its own negligence, or intentional acts of the Owner, the City of Boynton Beach, or the Owner or City of Boynton Beach officers, 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. 9.2 Owner shall not be responsible for any property damages or personal injury sustained by the Contractor from any cause whatsoever related to the Work or this Contract, whether such damage or injury occurs before, during, or after the Work or termination of this Contract. The Contractor hereby forever waives, discharges, and releases the Owner, its agents, and its employees, to the fullest extent the law allows, from any liability for any damage or injury sustained by the Contractor. Article 10. The Owner's Right to Terminate Contract. 10.1 Contractor's failure to perform or comply with the provisions set forth in this Contract shall constitute a default and breach of this Contract. Examples of failure to perform include but are not limited to: failure to complete Work by a deadline (except in cases for which extensions of time are provided); failure to supply enough properly skilled workman or proper materials to completely perform the Work; failure to make prompt paymentsto Subcontractors or for materials or labor; violating or p 01467267-1 5° disregarding laws, ordinances, or the instructions of the Owner's Representative; and otherwise failing to completely or competently perform the Work. If a default or breach should occur, Owner's Representative may, without prejudice to any other right or remedy, terminate this Contract by providing seven days' written notice to Contractor that sufficient cause exists to justify terminating this Contract, and require that Contractor stop all work. In such cases the Contractor shall not be entitled to receive any further payment. 10.2 Owner may terminate this Contract if the Contractor should be adjudged bankrupt, if the Contractor should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of Contractor's insolvency. 10.3 Notwithstanding the other provisions in this Contract, the Owner reserves the right to terminate the Contract at any time upon providing thirty (30) days written notice to the Contractor. 10.4 If Contractor fails to adequately perform the Work, Owner may, but is not obligated to, substitute another contractor for Contractor to perform the Work as required by this Contract. Article 11. Contractor's Right to Stop Work or Terminate Contract. 11.1 If the work should be stopped under an order of any court, or other public authority for a period of three months, through an act or fault of the Contractor or of anyone employed by him, or if the Owner fails to make a payment within thirty days after it is due, then the Contractor may, upon seven days' written notice to the Owner and the Owner's Representative, stop work or terminate this Contract and recover from the Owner payment for all work executed, plus any loss sustained upon any plant or materials. Article 12. Miscellaneous 12.1 The OWNER and the CONTRACTOR each binds himself, his partners, successors, assigns, and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the Contract. 12.2 Public Records. The Owner is a public agency subject to Chapter 119, Florida Statutes. Contractor shall comply with Florida's Public Records Law. Specifically, Contractor shall: a. Keep and maintain public records required by the Owner to perform as described in this Contract. b. Upon request from the Owner's custodian of public records, provide the Owner with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if Contractor does not transfer the records to the Owner. d. Upon completion of the contract, transfer, at no cost, to the Owner all public records in possession of Contractor or keep and maintain public records required by the Owner to 61467267_1 59 perform the service. If Contractor transfers all public records to the Owner upon completion of the contract, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Contractor keeps and maintains public records upon completion of the contract, Owner shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Owner, upon request from the Owner's custodian of public records, in a format that is compatible with the information technology systems of the Owner. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (561) 737,3256; 100 E. Ocean Avenue, 4t" Floor, Boynton Beach, Florida 33435; or S,1monMc , bbfl.us The Contractor also understands that Owner may disclose any document in connection with performance of the Work or this Contract, so long as the document is not exempt or confidential and exempt from public records requirements. 12.3 Legal Representation; Jointly Drafted. The Parties declare that the terms of this Contract have been read and are fully understood. The Parties understand that this is a binding legal document, and it is further acknowledged that each Party has been advised to seek legal representation concerning the matters herein and had the opportunity to be represented by counsel in the preparation of this Contract. Accordingly, the rule that a contract shall be interpreted strictly against the party preparing same shall not apply herein. This Contract 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. 12.4 Records. Contractor shall keep such records and accounts and require any and all subcontractors to keep records and accounts as may be necessary in order to record complete and correct entries as to personnel hours charged to this engagement, and any expenses for which Contractor expects to be reimbursed. Such books and records will be available at all reasonable times for examination and audit by Owner and shall be kept for a period of three (3)years after the completion of all work to be performed pursuant to this Contract. Incomplete or incorrect entries in such books and records will be grounds for disallowance by Owner of any fees or expenses based upon such entries. 12.5 Assignments; Amendments. Contractor shall not assign, transfer or otherwise encumber, under any circumstances, this Contract or any interests herein without the prior written consent of Owner. For purposes of this Contract, any change of ownership of Contractor shall constitute an assignment which requires Owner approval; otherwise, Owner may, at its option, terminate this Contract with no further liability. However, this Contract shall run to the Owner and its successors and assigns. It is further agreed that no modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed by all parties to this Contract. 12.6 No Contingent Fees. Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor to solicit or secure this Contract, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for Contractor any fee, commission, percentage, gift, 01467267-1 60 or other consideration contingent upon or resulting from the award or making of this Contract. For the breach or violation of this provision, the Owner shall have the right to terminate the Contract without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 12.7 Notice. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended and the remaining party, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present, the Contractor and the Owner designate the following as the respective places for giving of notice: Owner: Michael Simon, Executive Director Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue, 4t" Floor Boynton Beach, FL 33435 Telephone Number (561) 600-9091 Facsimile Number (561) 737-3258 Copy To: Lewis Longman & Walker, P.A. Tara Duhy, Esq. 515 North Flagler Drive Suite 1500 West Palm Beach, Florida 33401 Telephone Number (561) 640-0820 Contractor: Contractor name and address Telephone Number Facsimile Number 12.8 Binding Authority. Each person signing this Contract on behalf of either party individually warrants that he or she has full legal power and has been duly authorized to execute this Contract on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Contract. 12.9 Exhibits. Each Exhibit referred to in this Contract forms an essential part of this Contract. The exhibits if not physically attached should be treated as part of this Contract and are incorporated herein by reference. In the event of a conflict between the portion of this Contract above the signatures and an exhibit, the terms of the portion of the Contract above the signatures shall prevail. 12.10 Severability. If any provision of this Contract or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Contract, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 0]467267-] 6 1 12.11 Governing Law; Venue. This Contract 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 for conflict of law principles. Venue and jurisdiction for all purposes shall be in in Palm Beach County, Florida, to which the Parties expressly agree and submit. 12.12 Extent of Contract. This Contract represents the entire and integrated Contract between the Owner and the Contractor concerning the subject matter herein and supersedes all prior and contemporaneous negotiations, representations, understandings, or agreements, of any kind or nature, either written or oral. 12.13 Waiver. Failure of the Owner to insist upon strict performance of any provision or condition of this Contract, or to execute any right therein contained, shall not be constructed as a waiver or relinquishment for the future of any such provision, condition, or right, but the same shall remain in full force and effect. Owner may, in its sole and absolute discretion, waive any requirement of the Contractor contained in this Contract, but such waiver shall be deemed effective only if the waiver is in writing executed by all Parties. 12.14 Attorney's Fees. In the event that either party brings suit for enforcement of this Contract, the prevailing party shall be entitled to attorney's fees and court costs, including those at both the trial and appellate levels, in addition to any other remedy afforded by law. 12.15 Protection of Property. At all times during the performance of this Contract, the Contractor shall protect the Owner's property from all damage whatsoever related to the work being carded on under this Contract. 12.16 Counterparts and Transmission. To facilitate execution, this Contract may be executed in as many counterparts as may be convenient or required, each of is shall be deemed an original, but aI l of is 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), is transmitted document shall be deemed an original document for all purposes hereunder. 12.17 No Discrimination. The Contractor shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Contract. 12.18 Survival. The provisions of this Contract regarding indemnification, waiver, insurance, records, public records, binding authority, shall survive the expiration or termination of this Contract and remain in full force and effect. 12.19 Effective Date and termination. This Contract will become effective at the date and time that the last party signs this Contract. Unless earlier terminated pursuant to this Contract, this Contract will automatically terminate after receipt of Contractor's last invoice (which shall be dated no later than and payment by the Owner, or on 2025 whichever occurs 01467267-1 62 later. Nothing in this paragraph shall be construed so as to affect the Owner's right to cancel or postpone the Work pursuant to this Contract. 12.20 Non-Scrutinized Company. Contractor hereby certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, and is not engaged in a boycott of Israel. If the BBCRA determines that this certification is falsified or contains false statements, or that Contractor is placed Scrutinized Companies that Boycott Israel List or engages in a boycott of Israel after the execution of the Contract, the BBCRA may terminate the Contract. 12.21 E-Verify. Contractor warrants for itself and its subcontractors that Contractor and all subcontractors are in compliance with all federal immigration laws and regulations that relate to their employees. The Contractor agrees and acknowledges that the BBCRA is a public employer that is subject to the E-verify requirements as set forth in Section 448.095, Florida Statutes, and that the provisions of F.S. Sec. 448.095 apply to this Contract. Notwithstanding any other provisions in this Agreement, if the BBCRA has a good faith belief that Contractor has knowingly hired, recruited or referred an alien who is not duly authorized to work by the immigration laws or the Attorney General of the United States for employment under this contract, the BBCRA shall terminate the contract. If the BBCRA that has a good faith belief that a subcontractor knowingly hired, recruited or referred an alien who is not duly authorized to work by the immigration laws or the Attorney General of the United States for employment under this Contract, the BBCRA shall promptly notify Contractor and order Contractor to immediately terminate the contract with the subcontractor. Contractor shall be liable for any additional costs incurred by the BBCRA as a result of the termination of a contract based on Contractor's failure to comply with E-verify requirements referenced herein. IN WITNESS WHEREOF the parties hereto have executed this Contract the day and year written below. OWNER: Boynton Beach Community Redevelopment Agency Steven B. Grant, Chairman Date: STATE OF FLORIDA ) COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this day of , 20 by Steven B. Grant, as Chairman of the Boynton Beach Community Redevelopment Agency, who is personally known to me. NOTARY PUBLIC My Commission Expires: SIGNATURES CONTINUED ON NEXT PAGE. 01467267-1 63 CONTRACTOR: By. Print Name: Title: Date: STATE OF FLORIDA ) COUNTY OF ) BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared as authorized to do business in the State of Florida, and acknowledged executed the foregoing Contract as the proper official of , for the use and purposes mentioned in it and that the instrument is the act and deed of that company. 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 , 20 NOTARY PUBLIC My Commission Expires: 01467267-1 64 m 1 ' i m I C kn M�! _ fl d° ea .•a �.i � a� �I� � ( � ���1 1, Nom) _ CJ Q. p s lob it Eg ou zuj M In i C � N�� Vis` - `1 ; •. I � I 4 7 kgs 1»fist;. o ,r Preston Searls Vincent David Property Works M Cel1: 561-360-5778 k Off: 1.877.809.1714 1201 Roebuck Court � � '��� i awr ie�a ',ti � Ai r,� � ��, i� i p West Palm Beacb,FL 33401 www,propertyworksonline.net 561.805.8687 561.262.3567 561.805.8688 M } 1�S A%S ' ,r�r,1"M �i yLandscaping RobertSneed Vice President-Business Development W William Alber rsneed@mainguy.com Ai Cdt:561-360-5778 1855 South Flamingo Road PIP Def:1.877.809.1714 Davie,FL 33325 Office 877.741.3030 1 r�st�s @VandSLandsca in W1lliam Direct 954.829.3421 S'Iil,`jlp - � Pcom web www.mainguy.com 0-5a �a14 g t\1 6 f) 954-336-7353 ANCN61R5L4wN@A7T.NET FRESH START '!�a:"' py 1 o- l'', �Ai,1 6 t 4 AN 1 ' '§c am.. Nicholas Petrino ,..� Cell: 561.603.7788 A, Off: 1.844.307.2319 Nicholas Fresh5tartMasntenanceca t% I s _ i � 4 t" en ra Ca O a� � Enr: +�+ .3 �01 C it •• r ZLLJ V �. ( t m v W) V I cc a �! �— � a, A BOYNTO C ID MMUN"REDEVELOPM04T AGENCY ADDENDUM NO. 1 TO INVITATION TO BID (ITB) TO TO PERFORM LANDSCAPE MAINTENANCE SERVICES ON PROPERTIES OWNED BY THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Ap ri 115, 2021 TO ALL PROPOSERS AND OTHERS CONCERNED The Boynton Beach Community Redevelopment Agency ("BBCRA") has published an Invitation to Bid (ITB), dated March 29, 2021, for the landscape maintenance services on BBCRA- owned properties. The intent of this Addendum is to address errors and clarify other aspects of the ITB. Applicants responding to the ITB shall take note of the following changes, additions, deletions, clarifications, etc., to the ITB which shall become a part of and have precedence over anything shown or described otherwise. Question 1: Can you provide the previous bid tabulations? Answer: Yes, please see attached. Question 2: Are bidders responsible for any clearing or scrubbing of vegetation for the new properties the BBCRA will be acquiring in the future? Answer. Since the conditions of future properties are unknown at this time, each new property to be added to the scope of this contract will be evaluated by the BBCRA and will require an estimate from the successful bidder/contractor after acquisition by the BBCRA. Question 3: Map#CO2 —211 E. Ocean Avenue property- Are the bidders responsible for the landscaping within the alley along the north property line? Answer. Only mowing is included in the scope of the ITB. The two mango trees located in the alley would be considered additional work and would require an estimate for trimming. Question 4: The ITB indicates no red mulch and no cypress mulch is allowed? Is there flexibility with this? Answer. There is only flexibility with the cypress mulch which would require written approval from the BBCRA. Question 5: Are the bidders responsible for the irrigation maintenance? 00904109-2 Addendum No. 1 Answer: Please refer to Section 3.E of Attachment "A," Irrigation Wet Check and Section 3.F of Attachment "A,"Irrigation Repairs- Page 19 of the ITB. Question 6: CO1 —Boynton Harbor Marina, 110 NE 6th Street and 725 Casa Loma Boulevard —Since landscaping is maintained by separate condo owners, will irrigation plans be available to bidders to assess if there is overlapping of zones for irrigation checks? Answer: Irrigation plans can be provided however, they may be outdated. CRA Staff will meet with Successful Bidder at all sites containing irrigation to physically identify meter locations and zones, etc. END OF ADDENDUM No. 1 00904109.2 Addendum No. 1 propert ad .orks facilities maintenance t-: i 13813 GERANIUM PLACF WEIIINGTON, Fl. 33414 E C V II C K ECD�a w N � E ry SS n n N C S N N N _ C C �y _ t9 @r rv.c > > > > x Z z z � N X x ^ N g CO O ,r O l� 00p N x O H � ~ N � d O g mI c e Z w g y a n c O � 11 V Q d Q pp _ Q,,Q m 0 Z Z u O G 2 Q ~ H W O W � � Z W G C $ gg Q m ug W y a O N 2 C N Z C '9 •mi* $ $ h c @ N,g $�p x �, l > > 1 > > n z z W ,0 x ID M O N a 7 c a'i�o $ rn H o 0 u � O1 z J 5 O Oo V ry6ry C � VM? oOo peS � d � 9 1 N m N z 1 v Q 1 > > m Z z Z 6 N O Z H � 00 C o E a n°o m v.. c p 3 N y m p v a v u. m y m o o E « r Y'29 .c-- N v y °° EWE E j E E E E E E E E Eo u u 4 L u ` '- u¢ ¢¢ a ¢ 4 ¢ v Q ¢ ¢'. x z Fresh Start Maintenance Inc.Company Overview r� y � if' r r 'fl l i 10 a — �� s x �r €v", flw � a � 4th 7'. e E 3I(ol I Ali k A 407 'All 0 6 (' 4� i E l: 1, i. r, Fresh Star[Maintenance Inc.Company Overview { START MAINTENANCE INC Dear Boynton c , i We Welcome you to Fresh Start Maintenance . We are a A- 'I L4U ,�- Me / Full Service, a. Licensed , Landscape and Grounds k Maintenance c s and emphasis s on (1 providing services to, Municipalities, omeownerAssociations, Condominiums and CommercialProperties in South maintenanceProper property conipany than simply the trimming of the grass or visuallythe shaping of a hedge. Leaving our clients with a .sproperty, solidifying ac s proud owners within their respective c uniti sis at the � J forefront of our focus. i Fresh Start Maintenance Inc.Company Overview g 11,01 START�i �f a MAINTENANCE SERVICES OFFEREDCC Landscape If �4 tr � i �l Maintenance. I� LandscaDesign mss .t adn C) byigation Design, Installation andRepair r Plant ti Lot ill Triinmiitg- Weed Control .11) Emerovncy Debris Clean up t t , w oir LotCiearitig- 1,i CS"hitjzdfjc)1 fest Clift-0 Rags-"Pei -£ �a �ettrrrt _ ........... Fresh Start Maintenance Inc.Company Overview r I !-q START MAINTENANCEINC x We intirite you to look into our SocialMaVa Accounts.. s ...... a .�oar�_. MO"!All of which are updated periodically 4 j' https://www.freshstartmaiiiteilaiiee.coni with a ' ttps://www.iiistagra .coiii/fresh_start maiilteiiaiice/?Iil=eii {' 1 � https://www.facebook.coni/FreshStartLqiidscapes/?niodal=adyniii todo tour f littps://t--witter.com/FreshStartA lain l s �<$ httpsi//www.youtube.com/cha-tinel/UCtini w]xOOD7fWTAzug61cA?view as=sul?scrifier f l tttps:'/rtextdooi-.coni/pages/fresh-stark-niaiiitetiaiice-iiic i httpst,t/Nk .hoineadvisor.cotii/rated.FreshStartAtaii-Lteiiaiice.7996 962-htnil https:/i .lhikedin-com/compaiiylfresli-start.-iiiaiiiteilance-iiic/ GP gl;e I Search our Reviewsl 1 i f Fresh Start Maintenance Inc.Company Overview r x� i� ��ttt�}��9tllz j S -- f MAINTENANCE INC y� 4 # g t .) Montoya Estates (Boca atop)2.) Santa Catalina ( rcen cres), 3.) Courtyards of Lake Worth HOAA (Lake Wbi th cacb) Y - Contact Information, Ms. Lynne (Property Manager, 561.313.1374 - Infinity Community Management) - Eruaib Ii-ifiriityi3TaiiieCa,}gi2tail.co " -- 1.) HOA Con1 unity:114x Homes, 2.) Townhornes, 3.) C©ndorniniun s C I! G 4.) The Island HOA (Grecnacres) �I - Contact Information, Ms.Austin (Property Manager, 561.310.9563 Tall.field Management.) G E rail: tig�ai tallfield.com HOA Community, 36x Visits Per Year .) Lakefaeld South HOA A (l 11,011 n t-117) - :_ontact Information, Mr. Slifkin (.Property Manager: 561.951..9675 Property Management Resources) is - Email, howards.pmr cygi ail.com - HOA Community, 200x Homes / 33x Visits Per Year 6.) Boynton Bay (,6cgy-nfo -Rrach) - Ccs€_ttavt. Infori ationt Ms. Dar on Trope ty Manager, 561.5433.1414t -- EmaiL Managet@boyntortbay.com -A artinent Coniniunity: Townhonies / 36x.Visits Per Year i 7.1 Solid Waste,Authority of PaIrn Bear—h County (4x Large Sites: Palm Beach CoittitV) Contact Ink rim—o, Mr. Alirto (O�pvrsi-Rt Aiauager: 561-3 19--4364) � Email jiiiiilto@swa_org I I t Fresh Start Maintenance Inc.Company Overview r S A South County Transfer Station/ 1901 SW 4th Ave, Delray Beach, FL 33444 S A West Delray Transfer Station/ 13400 S, FL-7, Delray Beach, FL 33446 S A Central County Transfer Station/ 1810 W Lantana Rd, Lantana, FL 33462 SWA North County Transfer Station/ 14185 N Military Trail,Jupiter, FL 33458 4 - Transfer Stations: 36x Visits Per Year .) 4x Shopping Centers IMC Equity Group (Delray Beach, Greenacres, West Palm Beach, Wellington) ll �i - Contact Information, Mr. Gajer (Property Manager. 3015.495.6929 11\4CEquity Group) I 3� 6 - Email:Aryeli.gajer@i cequitygroup.coiii - Shopping Centers, 24x Visits Per Year I; Atlantic Plaza/ 15200 Jog Rd. Delray Beach, FL 33446 Lakeshore Plaza/ 2669 Forest Hill Blvd. Palin Springs, FL 33406 Gun Club Shopping Center/ 4645 Gun Club Rd. West Palm Beach, FL 33415 Commons at Royal Pale Shopping Center/ 573 North State Road 7, Royal Palm Beach, FL 33411 7Please note: Each contract varies by the selected services. Additional references will be provided upon request. r r X ' r, i i i f S I L' I lI i 'i , I Fresh Start Maintenance Inc.Company Overview SOME OF OUR VALUED CIENFS 1 tss NISSAN f SUITES BY WYNDHAMf MOR UAKS I j AT CREENACRES SCIENCE CENTERSOUTH PORT n .. 14� VG54F I N A €V C € A L S E R V € C E S J& 00 I 0 r � � TM F R ",l I € REALTY GROUPEqUiTY GROUP V 6 I DIVISIONS MAINTENANCE '. �i GROL1P I ll'w �I t i Fresh Start Maintenance Inc.Company Overview MEET THE FOUNDER I Mr.Nicholas Petrillo served in the United States Navy from 2002-2006 as alt Information Systems Tech- nician, Znd Class Petty Officer. During his tenure,he earned two Naval Achievement Aledals overseas in file Middle East,for his roles in Operation Enduring Freedom and Operation Iraqi Freedom.After receiving � y an Honorable Discharge in 2006, he enjoyed his lilt as an ocean rescue lifeguard for the City of Lake f Forth Beach.In 2013,he chose to venture into the code enforcement field.V!'hile employed with the City, fi he met the contracted city Iandscaper,who provided lot clearing services for the Code Enforcement Nui- sance Abatement Program.As tittle passed, his interest in landscape beautification grew. A year later, he chose to leave the City of Lake North Beach and became a Landscaping Sales Associate. He immersed himself in file field, and being a fast learner,he was able to vastly increase the company's net worth, in recur- ring sales.ha mid-November of 2018, he chose to branch off and create his own company. Shortly after, Fresh , Start Maintenance Inc. was up and running! However, almost immedi- ately,the company fell victim to mul- tiple vicious acts of vandalism and robbery. His trucks were severely �' 7 i damaged, and his newly purchased equipment was stolen. Even though 1 he was klrocked down and discour- aged, with no equipment and clients in need of his services,lie quickly re- grouped and repaired what needed repair.He replenished his equipment stock, held his head high, and persevered- through the hardship. He stayed true to his lifelong lesson, ,Nklieu the bottom falls out from under its,the can either let it break its or give us a chance to rise stronger { than before."Today,Mr.Petrino employs a multitude of skilled and dedicated crews,focused oil providing quality landscaping services,all because he chose to rise. F In this highly competitive market,Nve at Fresh Start know customer service and quality results must be above-par to retain loyal clients and forge personal bonds. Our company guarantees ars immediate re— sponse rate on all lines of communication as well as a 24-hour response team oil all our properties. cov finue, to Sno w andbuildneonsh s, me keep in mindy rat it ` our che, n ts and employcest are th eha ckhove of our � r _.n k r r - r i u�5 7 17, , OPERA"'rE i ")# j" t v;a�' r "``• d`"'✓ ~„ art' !.,"'I'.r.,' ",i'.r"�''#� 4.,.+ �, t� t 1 t �lifti\'{t 11 ; ) ) 1Fresh Start MaintenanceInc. Is Is certified tinder the provisions of 287 and 295.187,Florida Statutes,for a period from: A 10/12/2020 10/12/2022 � r I $ Jonathan R.,%Lle.r,Seereta- t'i$\) r kloridaDepartmentofManagement5er4ces r ;� X11 vt}jll�a�j� ceofsupprerDivea�y }' i 1#jtv ��j} �HIARUEIYIEIIe "j 4050oEsplanade Way,Suite 380 d I, }���,��#1 ,�, Tallahassee,FL 32319 rc-.� ! SERVICES 850-487-0915 ;( Office of Supple 0 ty ww�ti dms.myFlorida.com/osd i '" � ( l� J� )� }r,, ,,m`,`1 r tib. i ,.cx � {� {S\,«I)f� �;t,��\{r�} it`+:a}l.t}� � '>�j� � •��,,,# t",k#s'''{r��}(b ����� '7. � .n a 4 �1a1�.,,: ,1\ r sF$) >,'� } i tl r_, .+, -.t.. r .,__ 4 ) :....� r..,+ t.,-.i., t.: i 1_„, ,.,.._,~• !._ v.,.r. ) ,,.s� _..� ) , ;.r., ) t. ,, � ,j .�# t.,.. �.,m 12/4/2019 Tax Detail v. ANNE . ANN N Anne M.Gannon CONST6TUTIONAL TAX COLLECTOR Constitutional Tax Collector tic�re�®wig Palm NReachtseerafre Serving Palm Beach County L y Box 3353 CrvIt1 you. West Palm Beach,FLG33402-3353 Checkout View LBTR Number Tax Type Status 2019113595 Business Tax Active Mailing Address: Location Address: PETRINO NICHOLAS 2660 CARAMBOLA RD PO BOX 16205 WEST PALM BEACH , FL 33406 WEST PALM BEACH , FL 33416 Business Name: FRESH START MAINTENANCE INC Tax Year: 2020 Trade Name: FRESH START MAINTENANCE INC License Number: 2019113595 Phone Number: 561-603-7788 Lic, Status: Active New Business: 11/28/2018 Certificate: Business Type: LAWN MAINTENANCE (56-0030 ) Cert, Issued: 07/16/2019 Number-of Units: 1 NAICS: 56-0030 Memo: Bill Number Due Date Bill Year Tax Penalty/Fee interest Total Due 640181115 9/30/2019 2020 $0.00 $0.00 $0.00 $0.00 Total Dere: $0.00 $0.00 $0.00 $0.00 [Sill Year Bill Number Receipt Number- Amount Paid Last Paid Paid By 2020 640181115 B19.551718 $33.00 7/5/2019 FRESH START MAINTENANCE INC https:/Ipbctax.manatron.com[fabs/BusinessTax/AccountDetailFraxDetail.aspx?p=2019113595&a=2798958&b=640181115&y=2020&t=21345439 1/1 ao c E E Y. ^% O O L L L O = O mo c>a � (1)ui O a� ro ` (D cb ro Cy V U .a � Y E � _ 72n ca > a� � � m U �� m v W 0 4c o Lai > Yuj0cuC w N r — J cn Q a3 mL n' (n •® ° 000 3 > � � � _ > F � ° E0 � o v amv i m N Q C c� e-i U �' 0 cu Ty • ca 1-11 �N 4-1 �- PERv o 4',z IA in a pool a_� o ��'v Wi V G� cu �1 O ci 7 = my O f� N -O ug m N UJp V ling= > COC) (n N m I O (fl e' O — T— v LU cu 0 N O �y ch ao > v, 0 tU os) a c o C 9 � � w cu rn Ln 00N N 00 M._ C COL tl, V � d d � R Ev c o O t tom, L " U LL O M o v � � i - c (L) r.CL � — o LM ca cs i la) m c EN 3 L a o ffi I& W U) 0 3 g L oda ® p �- o as LL In CL o CL 1ts ,. L Y+ V+ i L a rr . 4a_t` W A i ! i .� �.a,,,�`-,`aaE ,�..! ,...}5�lsitt l,t��dY ..� n\ �a.fi�al� ,1s�,6�..;i,1 _.�ilA�ilsS.ew'Y„t:�SU.U1 (�fis!''1Y7�SFF?t�.�..di,r.-?Sil—2�3,➢@{S,L�u 14..�.f�,lR �?S>).}n.,�..£.=,ut LX�N 111�1�1.,,?�s.........az44{���,t}4C�1\1�,Vat.;�`o!t?�'<5:;�"�tAtAt31�...M�tt�t�t du�?ll ,S3➢ri...�<,nf�G,,."'t� - ;i Fresh Start Maintenance Inc.Company Overview I I I� 7 ?s A r i s :.. Veteran Owned—Full Service, Licensed and Insured t _ Landscape and Grounds Maintenance Company TART Call Us Today' 561-603-778 - - MAINTENANCE INCtar ' Ce PRSRTSTD � r s US POSTAGE PAID 1 r' PHOENIX,AZ PERMIT 5558 �'� .� � I I� 1 &4AIN'1'FNANIC1- IKIC e . � Serving 5 Palm Beach County s i VIN � ` t YQU(M }t tt kf�tdi- ��ir � s`�������rs�11� z'�tttr� ' ��, •_ g� Full Service Quality LandscaPin9 r Pest Control l Fertilization m m P Affil In this highly competitive market,we are willing to donatMulch, Plants,. Treese or Other Landscaping Related Incentives f r. i .... nVF aintrr,..nce=.corn jFresh Stall Maintenance Inc.Company Overview FRESH START MAINTENANCE INC. I� I {�: FRESSTA-01 JWEINBERG 6 ACORN' DATE IMMn7DAWY) GGG �_� CERTIFICATE OF LIABILITY_ S IN_URANCE 5110!2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: H the certificate holder is an ADDITIONAL INSURED,the pollcy(fes)must have ADDITIONAL INSURED provisions or be endorsed. ; 11 SUBROGATION IS WAIVED,subject to the terns and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does F s not confer r107 hts to the certificate holder in lieu of such endorsemenItsl. �!. ..Pm. PRODUCER NAME T _ PRODUCER E Seeman Hohz Proppeerrttyy&Casualty,LLC PHONE Fax -301YamatoRoadN2290 ;Vvallo,E:y:_(561}451-1900 (A(c,No):1561)451.4532 i I Boca Raton,FL 33431 i��-Commercialserv!eS ,emanHoltzPC.com t INSURER(S)AFFORDING COVERAGE NAlci ,ursuRERA:Evanston In-0uranee Company_ .35376 _ wsuRED I INsuRERe:Amguard�rlsurance Compan�r 42390_ Fresh Start Maintenance,Inc �NsuRERc,_NauUlus Insurance Cotnpay_ 17370_ (j P.O.Boz 16205INsuRERD:Technolotty Insurance Company,Inc. !42376 West Palm Beach FL 33416 INBURERF: " INSURERE: I� _...._...._...._ ......... COVERAGES ... C , ,SEN NUMBE.R.! REVISION NUMBER: �I I THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 13 EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INBR rADOL Wafr POLICY EFF POLICY�P —.----—. C 4 Lm.,.µ.... .. TYPEOFIFISURANCE ..... M.i._._.� POIJCY RUMBER ,yMAgyyyyYdlyYyyl. UMITS ....^ --_ `I A f X I COMMERCIAL GENERAL LUUTAHY - !t I EACH OCCURRENCE :S 1000,004 1' I CLAIMS-MADEI X OCCUR f '3AA439960 1213/2020 j 12/3!2021 DA�MMAAGE TO RENTED I W15rr� S MED EXP(AnY v P—P). b 6,404] '.hdaURY �S 11440,004I I. GEN'L AGGREGATE LIMpIT,JUPLI PER. GENERAL AGGREOP,TE ,L--_ 2,000,000( POLICY I X.1 J5t:7 r LOC PRODUCTS-COMPIOPAGG $ 2,004,000 Orhl:B -_ ,� ....._. .. _ I S B AUTOMOBILEI IABILJTY COMBINEDr��SINGLE LIMIT'S N 1,000,000 i_ ANY AUTO IFRAU166986 121512020 121612021BODILvyJJURv(PerpersoP) IS —} OWNED X SCHEDULED r� AUTOS ONLY ��ANIpnNOSSyy�,I�p I EDGILY INJURYaitT)11I _(Pnr a X IiIq�� X F MITOS O LY ! I I �nm e I�AMACE S ]: �AUTOB ONLY ', , d II i C' 'UMSRELLAUAB ,X.OCCUR I k _ E1C41 OCCURRENCE �__.-- 1,006.064',. �I I X EXCESS LUIB L Vis41 DEI AND95918 121312020 f 1213!2021 AGGRE"TE s_ 1,000,000 DED :RETENTIONS .... 1 D YADRKERS C:OMPENSATpN ^.�..—. .. .".,, —.—......�.—.._._..... XyS 16V ...;.OTH —. .ANDEMPS COMP NSAMIN YIN I iTWC3970413 502021 � 6/9/2022 1,000,040- ( ANY oROPRIr TOR/PARTNER'EXECUrIVE ) I EI.EACHACCIDENT ,b_. Cr 1Cr.R1MCM�rTt EXCLUDED? Y NIA , (Monad D!,EWr�EW OYES;.B_ 1,004,044 '8ya,descnbe undo ( - DESCRdif hk,CF FS_tiATI.;NL uxt r �R.� irr ILLY L,!Ii $ 1,440,001 ' 1 I i (r .I DESCRIPTION= RIPTION MaiOF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101.AddlUonel Renu schwuM,may W utbCnb n more space is requhed)Lawmm I 1 CER'nFtCATEHOLDER,,,,,,,,,,,,,,_........ ....,, -. ..----.......... CAtdr LlA„TION, ...__. .._ .........— -- — ........ ...a. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Certificate of Insurance THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN C ACCORDANCE WITH THE POLICY PROVISIONS. ((AUTHORIZED REPRESENTATIVE m a w .�....... 4' ACORD 25(2016103) ©1988-2015 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD j, II I j �� a Fresh Start Maintenance Inc.Company Overview , (E w- e, ma. wattf I fi i .'' i f I' fl,PM" " t I s Sincerely, s rM1sresh Slav i Miaintenance " .�c. ®e® CEOa Nicholas M. Petrino / icholasfc, ' e h3:�'tartA? .ai to itice.coir, fncc. 1. 30 .-319 / veil.: 1.561.603.7 788 End of Document. i ;a - ; ., F "�'ojoz copy i +�,,, r ` + �` S�St ;'+if'�'l+ai�ty+1p11?+�11"' I II'r'�l,.s! +1�` M� ............... +, , A TV Klan MANY I wNWISS, Y HE 1411"A raw MOXAT "2+ tQll 10 1j 1(} 00Z SIT 0 �_,v 2 mom KAI ' AV&-00 +WW WN jQ50wynQ MAN ._ ang 4 (3 „t "i ham kxTq Qq Ch ad"A J ' r +an AnnIn 0 OWN APPY4AWWO toy tr't VOW 04" No, WIN,QQwy t i to vya"Tamn soonm"WAN, Ka go my 0 1 la r t i VI NCENT AN D SONS LAN DSCAPI NG, I NC. RESPONSE TO INVITATION TO BID TO PERFORM LANDSCAPE MAINTENANCE SERVICES ON PROPERTIES OWNED BY THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY INVITATION TO BID (ITB) TO PERFORM LANDSCAPE MAINTENANCE SERVICES ON PROPERTIES OWNED BY THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY B TO OYN N" w {� . RACOMMUNrr ISSUE DATE: March 29, 2021 MANDATORY PRE-BID CONFERENCE: April 12, 2021, 10:00 A.M. (EST) REQUEST FOR INFORMATION DEADLINE: April 26, 2021, 5:00 P.M. (EST) SUBMISSION DEADLINE: May 13, 2021, 2:00 P.M. (EST) 01467267-1 ttt BOY B ETAOC H `�CRA COMMUNflY M R AGB4CY PUBLIC NOTICE INVITATION to BID (ITB) TO PERFORM LANDSCAPE MAINTENANCE SERVICES ON PROPERTIES OWNED BY THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY The Boynton Beach Community Redevelopment Agency (BBCRA) is issuing this Invitation to Bid (ITB) for Landscape Maintenance Services (Project). BBCRA will accept sealed bids at its office located at 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 ON OR BEFORE May 13, 2021, no later than 2:00 P.M. (EST), as determined by the time stamp or clock at the BBCRA's reception area as set up on the 1St Floor Lobby, at which time they will be opened. Responses to this ITB (bids) received after the time and date specified will not be accepted for consideration. All bids will be date and time stamped by the BBCRA. Faxed or emailed bids will not be accepted. All requests for information are required to be submitted in writing to Ms. Thuy Shutt, Assistant Director, by email at ShuttTQbbf1.us no later than April 26, 2021 at 5:00 P.M. (EST). Copies of the complete bid documents may be obtained from the BBCRA office or website, www.boyntonbeachcra.com. For the purposed of this ITB, the term "Contractor" means a successful bidder that ultimately enters an agreement or otherwise contracts with the BBCRA. MANDATORY PRE-BID CONFERENCE: A mandatory pre-bid conference has been scheduled for April 12, 2021 at 10:00 A.M. (EST) at City Hall/Library, 100 E. Ocean Avenue, 1St Floor Lobby, Boynton Beach, FL 33435, and will continue to specific sites starting at 10:30 A.M. (EST). A bidder's failure to sign in within fifteen (15) minutes of the 10:00 A.M. (EST) conference start time or at the specific sites thereafter will disqualify the bidder's bid. All interested bidders are required to attend and be prepared to ask questions. 01467267-1 2 BOYNTO I,I CR.,A COMIAL04TY REDEVELOPMEW INVITATION TO BID BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY 1. Introduction. Created pursuant to Chapter 163, Florida Statutes, the BBCRA serves the community by guiding redevelopment activities pursuant to its Community Redevelopment Plan through programs that assist with the creation and revitalization of neighborhoods and commercial areas within the BBCRA's boundaries. The BBCRA Area includes approximately 1,650 acres along the eastern edge of the City of Boynton Beach. The BBCRA has acquired properties for the purposed of redevelopment. These properties are in various forms and stages of redevelopment ranging from vacant land to commercial sites. It is the responsibility and obligation of the BBCRA to maintain its properties. While these properties differ with regard to the stages of redevelopment, it is expected that the Bidder(s) selected will provide high quality landscape maintenance services to the BBCRA regardless of the location or stage of redevelopment of the property. 2. MandatoM Pre-Bid Conference; Registration. a. Pre-Bid Conference. A mandatory pre-bid conference has been scheduled for April 12, 2021 at 10:00 A.M. (EST) at City Hall/Library, 100 E. Ocean Avenue, 1St Floor Lobby, Boynton Beach, FL 33435 and will continue to specific sites starting at 10:30 A.M. (EST). All interested bidders are required to attend and be prepared to ask questions. A bidder's failure to attend the Pre-Bid Conference will disqualify that bidder's bid. A bidder's failure to sign in within fifteen (15) minutes of the 10:00 A.M. (EST) conference start time or at the specific sites thereafter will disqualify the bidder's bid. b. Registration. At the mandatory pre-bid conference, all interested parties must register their name, email address, mailing address, and telephone number. Any information concerning any changes, additions, addenda, clarifications, notices, or other topics related to this ITB will be sent to registered bidders using the registration information provided. 3. General Proiect Information. The BBCRA is accepting sealed bids to select and contract with qualified, responsible, responsive individual(s) or entity(ies)to provide landscape maintenance services on one or more BBCRA owned properties. These Landscape Maintenance Services are also referred to in this ITB as the "Project." The agreement for the Project is anticipated to be a four-year agreement with three additional one-year renewal. The selected bidder(s) shall provide all materials, labor, equipment and maintenance of traffic necessary to perform the landscape maintenance activities to complete the Project, as specified in this ITB and in Attachment"A" and Attachment "B." 01467267-1 3 Copies of the complete bid documents, including this ITB, may be obtained from the BBCRA office located at 100 E. Ocean Avenue, 4t" Floor, Boynton Beach, FL 33435 or on the BBCRA's website, www.boyntonbeachcra.com. a. At the time of bid submission, each bidder must be registered, licensed, and insured by the City, County and State, as applicable, for the purpose of performing the project. b. The BBCRA reserves the right, before awarding an agreement, to require a bidder to submit evidence of qualifications, as the BBCRA may deem necessary, and may consider any evidence available to it of the financial, technical, legal and other qualifications and abilities of a bidder, including past performance and experience with the BBCRA and/or other clients. 4. Scope of Work. The Scope of Work is broken into two (2) categories to service various types of properties owned by the BBCRA. Bidders may submit a bid for one or both of the scopes of work attached to this ITB as Attachments "A" and "B." The BBCRA, at its sole discretion, may award one or more bidders a contract for landscaping maintenance services for the Categories listed below. CATEGORY ONE is for the following Improved Properties: 1. Boynton Harbor Marina 2. 211 E. Ocean Avenue 3. Public Parking Lot— 115 N. Federal Highway 4. 2 Public Parking Lots — NE Ott' Street& NE 1St Avenue 5. 401-411 E. Boynton Beach Boulevard A detailed description of the scope of work for Category One: Improved Properties is provided in Attachment "A" of this ITB. CATEGORY TWO is for the following Vacant Lot Properties: 1. Large Development Vacant Lots (aka Cottage District) 2. E. Martin Luther King, Jr. Properties 3. NE 9t"Avenue 4. Misc. Vacant Lots A detailed description of the scope of work for Category Two: Vacant Lots is provided in Attachment "B" of this ITB. 5. Bid Requirements. Bids must contain all the following documents and information in order to be deemed complete and for the BBCRA to consider whether the bidder is qualified, responsible, and 01467267-1 4 responsive. Bids deemed incomplete or that fail to follow the requirements of this ITB may be rejected or disqualified. It is each bidder's responsibility to ensure that the bid it submits is complete. In the bid, bidder's information must be provided EXACTLY with the item, paragraph, and section numbers shown in Attachments "G," "H," and "I." Information submitted shall be applicable only to the individual, company entity, or branch that will be contracted for this Project. Bidders will not attach any documents or information other than what the BBCRA requests in this ITB and any addenda; however, bidders may use additional pages to provide responses to questions if the forms provided do not have adequate space for bidder to fully answer the question. Bidders must complete and submit all attachments to this ITB. a. A final bid price and cost. Bidder shall provide acknowledgement of the Bid Price being submitted as part of Attachment "E," Bidder's Acknowledgement Letter, and in the forms provided in Attachments "A" and/or "B," along with the breakdown of costs for the Scope of Work as described Attachment(s) "A" and/or "B." Prior to the award of the agreement, the BBCRA may require a bidder to submit an analysis of any lump sum bid prices quoted. b. List and provide copies of all licenses, certifications, or other related professional credentials held by bidder or bidder's employees relevant to the Project. c. Bidder shall submit a list of equipment and personnel to support the bidder's claimed ability to adequately complete the work described in this ITB. The Bidder must submit with the bid the name, address, email address, and phone number of the person(s) to be contacted for the coordination of landscape maintenance services. A contact for regular work hours, after-hours, weekends, and holidays must be identified. A completed Attachment "G," List of Equipment and Personnel, must be submitted as part of the bid. NOTE: BBCRA reserves the right to inspect all maintenance equipment prior to agreement award and to request bidder's most recent corporate financial statement for review. d. Provide a certificate of good standing from the Secretary of State of Florida and the state in which the corporation is headquartered, if not Florida. e. A list of all civil and criminal legal actions in Attachment "H," Bidder Information and Past Performance, in which each bidder entity (and its parent entity if bidder is a subsidiary) is currently a named party or was a named party in the past four (4) years, providing the case number, case description, the state of jurisdiction, and disposition of each case. Bidder(s) may include any additional relevant information. If there are no legal actions to disclose, provide a written statement attesting to this fact. 01467267-1 5 f. A list of three (3) verifiable professional references for whom bidder has provided similar services within the last five (5) years. References must include scope of work, contact names, addresses, telephone numbers, email addresses, and dates of service. A contact person shall be someone who has personal knowledge of the bidder's performance for the specific requirements listed. Contact person must have been informed that they are being used as a reference and that the BBCRA may be contacting them. DO NOT list persons who are unable to answer specific questions regarding the requirement. This information will be considered in the contract award review. Failure to include all data noted in Attachment "W' Bidder Information and Past Performance, may eliminate bidder from the bidding process; prior submittals will not be accepted. Bidders must also complete Attachment "N," Authorization for Release of Information. g. All other requirements contained in this ITB, including all attachments that request a response or information from the bidder. 6. Additional Bid Reguirements. In addition to the other requirements listed in this ITB, bidders are responsible for, understand, and agree to the following items, terms, and requirements: a. Personal Investigation and Obligation of the Bidder(s). It is each bidder's obligation to carefully read all information in this ITB before submitting a bid. Prior to submitting a bid, each bidder shall inform themselves fully of the conditions relating to the properties and the employment of labor needed to complete the Project pursuant to this ITB. Failure to do so shall not relieve Contractor of the obligation to furnish all material and labor necessary to carry out the provisions of the agreement. At the time of submission, each bidder(s) shall submit a completed Attachment"C," Site Inspection Confirmation form, which is attached hereto. By submitting a bid, each bidder affirms he/she/it has inspected the site and has read and become thoroughly familiar with the requirements of this ITB, including all site maintenance information or details, and all addenda. The failure or omission of any bidder to examine any form, instrument, or document shall in no way relieve any bidder from any obligation in respect to bidder's submitted bid. Bidder understands and acknowledges that to the extent his/her/its bid is based on assumed requirements for the proposed scope(s) of work, the BBCRA has made no written or oral presentations that any such assumed requirements are accurate, and that such assumed requirements are not required to be a part of any agreement that may arise based on the submitted bid. Bidder is required to qualify all assumptions it makes. b. Additional Information. After the bids are received by the BBCRA, the BBCRA may make requests to bidders for clarifications, assurances, or for other details including, but not limited to, financial and disclosure data relating to the bid or bidder (including all affiliates, officers, directors, partners and employees). Any inquiries of a general nature applicable to all bidders will be directed to all bidders. Following submission of a bid, the bidder agrees to promptly deliver such further details, information and assurances, including, but not limited to, financial and disclosure data relating to the bid and/or the 01467267-1 6 bidder (including the bidder's affiliates, officers, directors, partners and employees), as requested by the BBCRA. c. Conditional Clauses. Bids that are qualified with conditional clauses, or alterations, or items not called for in the ITB documents, or irregularities of any kind are subject to disqualification at the option of the BBCRA. d. Deadline. It is each bidder's responsibility to ensure that submitted bids are received at the designated submittal location by the submittal deadline. Bids received after the submittal deadline will be disqualified and returned to the bidder unopened. e. Form and Number of Copies. In total, one (1) unbound original of the bid and one (1) bound copy of the bid must be submitted. Facsimile or emailed copies of the bid will not be accepted. The completed bid shall be submitted in a sealed package and clearly marked on the outside of the envelope and addressed as follows: SEALED BID Contract for Landscape Maintenance of qBCRA Owned Properties Category Number(s) Ms. Thuy Shutt, Assistant Director Boynton Beach Community Redevelopment Agency 100 East Ocean Avenue 4th Floor Boynton Beach, FL 33435 f. Completeness. All bids must be complete upon submittal to the BBCRA and contain all information and documentation required by this ITB. g. Signature. The bid, and any documents submitted with the bid that require a signature, must be signed by an individual authorized by bidder to legally bind and represent the bidder. Representations made within the bid will be binding on bidder. h. Failure to Meet Submittal Requirements. The failure to meet the deadline, submit a bid that complies with the form and number of copies requirements, or submit a complete bid may result in the bid being rejected and returned at the sole discretion of the BBCRA. i. Bid Validity. Bids shall remain valid and binding on bidders for 120 days after the submittal date. A bid, if selected, shall remain valid for the life of the agreement(s) resulting from this process except as modified by such agreement. j. Withdrawal and Resubmittal. Bidders maywithdraw, modify, and resubmit bids anytime prior to the submittal deadline. k. Bidder Responsible for Costs of Bid Preparation and Submittal. Bidder understands and acknowledges by submitting a bid that any and all costs incurred by the bidder as a result of the bidder's efforts to participate in this selection process shall be at the sole risk 01467267-1 7 and obligation of the bidder. The BBCRA will not provide compensation to bidder for any expenses incurred in preparing or submitting this bid or for any presentations made. I. Ownership of Bid Information. Bid costs and any other information submitted by bidder shall become the property of the BBCRA; however, the BBCRA may return all other bid information, upon written request, once an agreement award is made. 7. Subcontractors. If a bidder(s) subcontracts any portion of the scope of work for any reason, bidder must state the name and address of the licensed subcontractor and the name of the person(s) to be contracted on the enclosed Attachment "I," Schedule of Subcontractors. For purposes of this ITB, an example of a subcontractor would be an arborist, licensed contractor for pesticide application, or debris removal company. The BBCRA reserves the right to accept or reject any or all bids wherein a subcontractor is named, and to make the award to the bidder(s), who, in the opinion of the BBCRA, will be in the best interest of and/or most advantageous to the BBCRA. The BBCRA also reserves the right to reject a bid of any bidder if the bid names a subcontractor who has previously failed in the proper performance of an award or failed to deliver contracts of a similar nature on time, or is not in a position to perform properly under this award. The BBCRA reserves all rights in order to make a determination as to the foregoing. a. Bidder(s) agrees that if selected to enter into an agreement, bidder shall periodically throughout the term of the agreement provide the BBCRA an updated list of all subcontractors working on the awarded scope of work. 8. LocalBusinessPreference. To provide locally owned and operated companies a competitive advantage when the BBCRA is procuring goods and services, preference will be given by the BBCRA to local businesses. All bids must indicate whether or not bidder is a local business via submittal of Attachment "K," Local Business Certification Statement. 9. Insurance _Requirements. The successful bidder shall provide a certificate of insurance meeting the requirements of Attachment "L," Insurance Requirements, prior to agreement execution. The BBCRA reserves the right to ensure and require that the insurance coverages provided by the successful bidder/contractor are proper and that the insurers are licensed or otherwise qualified to do business in Florida. If at any time during the term of the agreement the BBCRA determines that it is in its best interests to insist on an alternative insurance provider, it may do so and bidder(s) (and Contractors) agree to comply with the BBCRA's decision. The BBCRA also reserves the right to review, modify, or amend any required coverages, limits, and endorsements during the life of an agreement and any extensions thereof. The BBCRA further reserves the right, but not the obligation, to review and reject any insurer providing coverage on the bidder's behalf because of the insurer's poor financial condition or due to the insurer's failure to operate legally in the State of Florida. 10.Sales Tax. By submitting a bid, bidder acknowledges that all materials and supplies necessary for completion of this agreement are subject to Florida Sales and Use Tax, in accordance with Florida Statutes. However, the BBCRA is exempt from any taxes imposed by state and/or federal government. Exemption certificates will be supplied on request. State Sales Tax Exemption Certification No. 85- 8012625376C-3 will appear on each purchase order. 01467267-1 8 11. Tentative Schedule. The following tentative schedule is anticipated for actions related to this ITB. All dates, times, and locations are subject to change. All changes will be posted to the BBCRA's website at www.bovntonbeachcra.com. Registered interested parties will be notified by email of changes, if any. Release of Invitation to Bid March 29, 2021 Mandatory Pre-Bid Conference and April 12, 2021, 10:00 A.M. (EST) Select Site Visit Request for Information Deadline April 26, 2021, 5:00 P.M. (EST) ITB Submittal Deadline and Bid Opening May 13, 2021, 2:00 P.M. (EST) Contract Award by BBCRA Board June 8, 2021, 5:30 P.M. (EST) (Note: Dates above are subject to change—registered Bidders will be notified by e-mail of changes, if any.) 12.Contact and Questions. a. Contact Information. All correspondence, questions, and requests for clarifications related to this ITB must be directed to the person designated as the procurement officer for this ITB: Ms. Thuy Shutt, Assistant Director Boynton Beach Community Redevelopment Agency 100 East Ocean Avenue, 4th Floor Boynton Beach, Florida 33435 Phone: (561) 600-9098 Fax: (561) 737-3258 Email: ShuttT@bbfl.us b. Form of Contact; Answers in the Form of Addenda. All correspondence, questions, requests must be submitted in writing via email and may be submitted at any time but no later than April 26, 2021, 5:00 P.M. (EST). All answers to questions, clarifications, and interpretations will be issued in the form of addenda, which become part of this ITB. The bidder must acknowledge receipt of each addenda by completing Attachment "D," Addenda Acknowledgement Form, and including it with the bid. It is the responsibility of all bidders to obtain, review and respond to any and all addenda issued. Oral explanations, information, and instructions shall not be considered binding on the BBCRA. All bidders are encouraged to independently verify the accuracy of any information provided. Neither the BBCRA nor any of its agents or employees shall be responsible for the accuracy of any oral information provided to any bidder, or to any assumptions made by bidder. Written responses to all written questions submitted shall be maintained by the BBCRA in the ITB file. c. Limitations on Communications; Cone of Silence; No Lobbying. Bidder or persons acting on bidder's behalf may not contact any employee, officer, or Board member of the 01467267-I 9 BBCRA concerning any aspect of this ITB, except in writing to the procurement officer or as provided in the ITB documents. Violation of this provision may be grounds for rejecting a response. Further, during the same time period, bidder or persons acting on bidder's behalf may not contact any BBCRA Advisory Board Member, or any other person working on behalf of the BBCRA on any matter related to this ITB. Communication prohibited by this ITB, or by any other state, federal, or local law or regulation, may cause an individual or firm to be disqualified immediately from participating in the bid or selection process. Any violation of this condition may result in rejection and/or disqualification of the bidder's bid. For purposes of this section, persons acting on bidder's behalf shall include, but not be limited to, the bidder's employees, partners, attorneys, officers, directors, consultants, lobbyists, or any actual or potential subcontractor or consultant of the bidder. This "Limitations on Communications/Cone of Silence/No Lobbying" is in effect from the date of publication of the ITB and shall terminate at 1) the time the BBCRA Board selects a bidder, rejects all bids, or otherwise takes action which ends the solicitation process; or 2) at the end of the 72-hour period following the BBCRA posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, whichever is later.. 13.ITB Bid Evaluation and Selection Process. a. The BBCRA staff will review each bid and make a determination as to whether each bid meets the minimum submission requirements for review, including whether the bid is complete, and whether it fully complies with the terms and conditions outlined in this ITB. A bidder's failure to provide a substantially complete bid in response to this ITB may result in the bid not being evaluated. The BBCRA may require clarification of submitted information from any bidder. The confidentiality of proprietary information from competing bidders shall be maintained to the extent permitted by law. b. In addition to meeting the minimum requirements of this ITB, each bid will be evaluated based on the information provided, and if an agreement is awarded, it will be awarded to the most responsive, responsible bidder whose bid is determined to be in the best interest of the BBCRA, after consideration of all factors, including the contents of the submitted bid. In determining the"most responsive, responsible bidder,"the BBCRA, shall consider: i. The most advantageous prices contained in the bid. ii. The ability (including required licensure), capacity and skill of the bidder to perform the Project. iii. Whether the bidder can perform the Project or provide quality service promptly or within the time specified, without delay or interference for the categories stated on the bid form. 01467267-1 10 iv. The character, integrity, reputation, judgment, experience and efficiency of the bidder. v. The number and quality of performance of previous contracts for landscape services, including, but not limited to, BBCRA contracts. vi. The previous and existing compliance by the bidder with laws and ordinances relating to the Project requirements or service. vii. The sufficiency of the financial resources and ability of the bidder to perform the Project or provide the landscape maintenance services. viii. The number and scope of conditions attached to the bid. ix. The overall cost to the BBCRA. x. The best interests of the BBCRA. A. Whether bidder attended the mandatory Pre-Bid Conference. xii. Whether bidder has been a party to litigation or arbitration arising from a project for a public entity within the past four years. c. The BBCRA Board may select a bidder at a regular CRA Board meeting. However, the BBCRA Board is under no obligation to select a bidder regardless of their ranking, and can, at its sole discretion, opt to terminate the ITB process or continue the process to a subsequent meeting. If the BBCRA board selects a successful bidder, the BBCRA will notify the successful bidder in writing. d. The existence of a contractual relationship between a bidder and the BBCRA is contingent upon successful negotiations between the BBCRA and a selected bidder, and execution of an agreement by both parties. Therefore, upon selection of a successful bidder, the BBCRA and the successful bidder will then enter into negotiations for an agreement that will contain terms substantially similar to those contained in the successful bid and this ITB. A copy of"Attachment "O," Standard Form of Agreement Between Owner and Contractor, is included in this ITB. i. Any agreement must be in a form approved by the BBCRA Board and BBCRA legal counsel. ii. If the BBCRA and the successful bidder are not able to agree upon an agreement satisfactory to both parties within thirty (30) days of the selection of the successful bidder, bidder shall have the right to terminate the negotiations. The BBCRA may terminate negotiations at any time for any reason. 01467267-1 11 iii. If the BBCRA sends an agreed-upon agreement, or sends an agreement with a communication that informs the bidder that the agreement constitutes the BBCRA's final offer, and bidder fails to return an executed copy of the provided agreement within 30 days of receipt of such agreement from the BBCRA, the negotiations are deemed terminated unless the BBCRA explicitly extends the deadline in writing. iv. The BBCRA may withdraw its offer of agreement, including a final offer, at any time prior to written acceptance of such agreement. v. Upon termination of negotiations or withdrawal of offer of agreement, the BBCRA may move forward as it deems appropriate, which may include entering into negotiations with another bidder, re-advertising the ITB, electing to terminate the ITB process, or any other action it deems to be in the best interest of the BBCRA. If another bidder is awarded the bid, this award shall bind such bidder as though he/she/it were the original successful bidder. vi. The BBCRA reserves the right to reduce or increase the quantities of work to be done and to eliminate or add any lot, lots or items of work listed in the bid. The BBCRA disposes of and acquires properties from time to time, and as a result, the total number of properties being maintained may change from time to time. Accordingly, the per lot price will be applicable for adjusting to the contract price to accommodate additions or elimination of BBCRA properties from the Scope of Work. 14.Disclosure and Disclaimer. Bidder understands and acknowledges that to the extent permitted by law, the BBCRA retains all rights, at its sole and absolute discretion, to: a. Withdraw this ITB at any time; b. Modify the schedule associated with this ITB; c. Issue addenda to this ITB; d. Request additional information, clarifications, or assurances from one or more bidders or prospective bidders; e. Reject any and all bids; f. Refrain from awarding an agreement as a result of this ITB; g. Verify the accuracy of any information provided; h. Accept bids that deviate from this ITB; i. Disqualify or reject bids that are incomplete, untimely, or unclear; j. Re-advertise this ITB and accept new bids; k. Obtain economic feasibility studies or third party evaluations with regard to any part of any bid; I. Evaluate the bids through any process that complies with the BBCRA Procurement Policy, this ITB, and applicable Florida Statutes, 01467267-1 12 m. Select the one or more successful bids or bidders it deems will be in the best interests of the BBCRA, regardless of which bid appears to offer the best monetary value to the BBCRA; n. Waive any required element or condition found in this ITB for all bids or for a specific bid; o. Waive any formalities associated with this ITB; p. Accept any bid in whole or in part, or accept any combination of bids; q. Negotiate agreements, abandon or withdraw from negotiations, approve agreements, and take other similar actions as a result of this ITB. Any bidder who submits a bid in response to this ITB fully acknowledges all the provisions of this disclosure and disclaimer and agrees to be bound by the terms hereof. In the event of any differences between this disclosure and disclaimer and the balance of the ITB, the provisions of this disclosure and disclaimer shall govern. If bidder fails to fully comply with all requirements of this ITB, bidder's or bidders' bid may be disqualified. Bidder(s) shall complete and include a signed Bidder(s) Acknowledgement and Compliance Statement exactly as shown in Attachment "E," Acknowledgement Letter. 15.Protests. The Bid Protest Policy is available upon request. Submittal of a bid in response to this ITB constitutes acceptance of this policy. 16.Non-Discrimination. The selected bidder, on behalf of itself, its successors and its assigns, agrees that no person shall, on the ground of race, color, disability, national origin, religion, age, familial status, sex, or sexual orientation, be subjected to discrimination in any way that is associated with the ITB, the BBCRA, the bid, any agreement resulting from this ITB, or the Project. 17.Permits Taxes Licenses and Laws. The successful bidder/contractor will be required to pay for and/or obtain, at its own expense, all permits, licenses, fees, and taxes required, and to comply with all federal, state, and local laws, ordinances, rules, and regulations applicable to responding to this ITB and carrying out the Project. 18.Sensitive and Proprietary Information. The BBCRA will maintain the confidentiality of sensitive and proprietary information to the extent permitted by law. The BBCRA will consider all other information, documentation and other materials submitted in response to this ITB to be of non- confidential and or non-proprietary nature and the property of the BBCRA and therefore subject to public disclosure under Chapter 119 of the Florida State Statutes. If a bidder believes any portion of a bid is exempt from public records disclosure, the bidder must identify the portion bid it believes it is exempt, state the reason for exemption, and request the BBCRA exempt it from public records disclosure. The BBCRA will exempt potions of a bid from public records disclosure only to the extent permitted by law. 19.Public Records. The BBCRA is public agency subject to Chapter 119, Florida Statutes. The contractor shall comply with Florida's Public Records Law. Specifically, the contractor shall: a. Keep and maintain public records that ordinarily and necessarily would be required by the BBCRA in order to perform the service; 01467267-1 13 b. Provide the public with access to such public records on the same terms and conditions that the BBCRA would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; c. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and d. Meet all requirements for retaining public records and transfer to the BBCRA, at no cost, all public records in possession of the bidder upon termination of the contract or agreement and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the BBCRA in a format that is compatible with the information technology systems of the BBCRA. IF BIDDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO BIDDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS ITB, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (561)737-3256; 100 East Ocean Avenue, 4th Floor, Boynton Beach, Florida 33435, SimonM@bbfl.us. 20.Public Entity Crimes Statement. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. In order to qualify for consideration under this ITB, bidder must complete and attach Attachment "F," Public Entity Crimes Statement. 21.Druck Free Workplace Certification. Preference shall be given bidder(s) with drug free work programs, under the standards described in Section 287.087, Florida Statutes. Whenever two (2) or more bids that are equal with respect to price, quality and service are received by the BBCRA or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to receive such preference, the bidder shall complete and submit with its bid the attached certification, Attachment "J," Certification of Drug Free Workplace Program. 22.Non-Scrutinized Entity. By submitting a bid, bidder certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, and is not engaged in a boycott of Israel. Bidders must complete Attachment "M," Certification of Non- Scrutinized Entity. 23.E-Verify. In any agreement resulting from this ITB, the bidder will be required to warrant, for itself and its subcontractors, compliance with all federal immigration laws and regulations that relate to their employees. Bidder agrees and acknowledges that the BBCRA is a public employer that is subject 01467267-1 14 to the E-verify requirements as set forth in Section 448.095, Florida Statutes, and that the provisions of F.S. Sec. 448.095 will apply to such an agreement. END OF MAIN DOCUMENT PROCEED TO ATTACHMENTS 01467267-1 15 List of Attachments: A. Scope of Work— Category One: Improved Properties B. Scope of Work— Category Two: Vacant Lots C. Site Inspection Confirmation D. Addenda Acknowledgement E. Acknowledgement Letter F. Public Entity Crimes Statement G. List of Equipment and Personnel H. Bidder's Information and Past Performance I. Schedule of Subcontractors J. Certification of Drug Free Workplace Program K. Local Business Preference Certification Statement L. Insurance Requirements M. Certification of Non-Scrutinized Entity N. Authorization for Release of Information O. Standard Form of Agreement Between Owner and Contractor 01467267-1 16 ATTACHMENT "A" SCOPE OF WORK - CATEGORY ONE: Improved Properties NOTE: The ITB divides the scope of work into two (2) categories to accommodate various types of properties owned by the BBCRA. Bidders may submit a bid for one or both categories of work. Properties in this category consist of the following: 1. Boynton Harbor Marina 2. 211 E. Ocean Avenue 3. Public Parking Lot—115 N. Federal Highway 4. 2 Public Parking Lots — NE 4th Street& NE 1st Avenue 5. 401-411 E. Boynton Beach Blvd. These properties may also be referred to as the Landscape Maintenance Service Area. SPECIFICATIONS A. Basic Maintenance shall be done as shown below and includes Litter Control, Mowing, Line Trimming/Edging, Blowing, Weed Control and Irrigation Checks. • Boynton Harbor Marina—three (3)times per month • 211 E. Ocean Avenue—two (2)times per month • Public Parking Lot— 115 N. Federal Highway—two (2)times per month • 2 Public Parking Lots —NE 4th Street& NE 15t Avenue—two (2) times per month • 401-411 E. Boynton Beach Blvd. —two (2)times per month 1. Litter Control - Shall mean the collection and proper disposal, at the Contractor's expense (and not in any BBCRA container without prior approval) any debris such as paper, cans, bottles, fallen or hanging limbs, rocks, etc. that are not intended to be present as part of the landscape, and the emptying of all trash barrels on the site. Litter Control will be completed throughout the entire Landscape Maintenance Service Area including streets/parking areas, sidewalks, pathways, curbs, etc. a. Litter Control must be completed prior to any trimmingledging, mowing, or blowing to eliminate shredding of materials throughout the landscaping and to prevent any possible safety concerns. b. All litter is to be containerized and properly disposed of. 2. Mowing - Shall be performed in a manner that ensures a smooth surface appearance without scalping or leaving any "missed" uncut grass. a. All mowers are to be mulching mowers with closed chutes to minimize the spreading of clippings, must be adjustable to allow for the proper mowing height (Common Heights: Bermuda 0.5"-1.5"/ Floratam St. Augustine 3.5"-4"/Bahia 3"-4"/Zoysia 1.5"-2.5"); actual height to be determined by the condition of the grass and the field usage. Mowers shall have blades sharp enough to cut rather than tear grass blades. 01467267-1 17 b. Mowing shall be done carefully in order to avoid "girdling" trees or shrubs, intruding into ground cover beds, damaging sodded berms, or causing damage to sprinkler heads, valves, time clocks, curbs, or other facilities as the Contractor will be responsible for restoring all damage. c. Mowing shall not be done when weather or conditions will result in damaged turf or rutting; re-scheduling or vacating the schedule for that week must be coordinated with the BBCRA. 3. Line Trimming/Edging — Grass shall be trimmed/edged during or immediately after mowing. Trimming/Edging will be accomplished by line trimmer, mechanical edger, or by hand. Trimming/Edging must remove grass around all obstacles in the turf such as posts, trees, wall, signs, sprinkler equipment, sidewalks, pavers, etc. and shall provide clean turf edges around all planting beds. Trimming/Edging shall be done carefully in order to avoid damaging sprinkler equipment, walkways, plantings, or other facilities as the Contractor will be responsible for restoring all damage NOTE: Trimming/Edging will be 1.5 feet away from all trees,Palms, and exposed roots. a. Blowing — Grass clippings and debris caused by mowing and trimming/edging shall be immediately blown off from all hard surfaces after mowing and line trimming/edging. Grass clippings and debris shall be removed as to not allow it to drift into roadways, storm drains, ponds/lakes or adjacent properties. b. Weed Control - Contractor responsible for keeping all areas weed-free at all times. i. Weeds are to be completely removed from all turf, shrub, ground cover, flowerbeds, tree rings, and paver block areas during the contract period. Properties that are part of the Landscape Maintenance Service Area shall remain weed-free at all times using manual or chemical methods. ii. Weeds growing from curb joints or other concrete areas shall be chemically treated and removed after the herbicide has penetrated to the roots if they are large enough to be a visual eyesore. iii. There shall be no run-off of chemicals into adjacent roadways, gutters, planting areas or other hard surfaces. iv. Contractor may use contact herbicides for spot killing of weeds. v. Weeds are to be mowed, trimmed or edged from turf areas as part of turf care operations. Weeds are to be manually or mechanically removed from ground cover each mowing cycle. c. Irrigation Checks — Irrigation systems will be checked upon each mowing operation to ensure no damage to heads or valves. Any leads or valves damaged by Contractor in the act of mowing will be replaced by Contractor at his/her/its cost. B. Pruning and Hedge/Shrub/Flowering Plant Maintenance—All hedges, shrubs, and landscaped areas will be trimmed once a month in accordance with professional horticulture and ornamental practices. Care shall be taken not to remove too much of the flowering surface branches when pruning. Pruning shall also include the removal of all dead and diseased wood which in not beneficial to the specific type of plant material. Pruning shall be accomplished with clean, sharp tools including a pole saw for any tree hangers that can be reached from ground level, in accordance with standard horticultural practices, to preserve the natural character of the plant. 01467267-1 18 Tools that cut, rip, or tear plants will not be allowed. All pruning cuts shall be done without leaving stub cuts, flush cuts, rips/tears, or straight cuts while removing all dead, dying, and/or diseased plant material. Branches protruding over walkways, into facilities such as fencing, buildings, etc., or obscuring walkways (10' clearance) or roadway right-of-ways (14' clearance). All plant material removed during the pruning process shall be containerized and disposed of properly. C. Palm Trimming -All palms will be trimmed once a month. All dead or dying fronds will be removed at this time. Lower palm branches (up to 10') will be trimmed to maintain clearance for pedestrian and vehicular traffic. Any palm exceeding a height of 16' or higher will be excluded, but can be trimmed at an additional charge upon authorization by the BBCRA. D. Trees -Trees are to be pruned once a month to control suckers or water sprouts and throughout the first year following installation, to establish proper structure; thereafter only corrective pruning as needed, for damaged, dead, crossing branches; obstruction; or aesthetics is needed. Trees must be trimmed to provide clearance of no less than eight (8) feet at all times. E. Irrigation Wet Check - Inspections and adjustments shall be done once a month wherein the entire irrigation system starting with the meter to the backflow to all the clocks, lines, and zones with their valves, heads, sensors, etc. to ensure that grounds and plantings are receiving adequate amounts of water while avoiding water loss. F. Irrigation Repairs — All needed repairs are to be documented, marked, and forwarded to the BBCRA immediately, and the damaged system is to be secured in the "off' position in order to limit the amount of water lost. An itemized estimate must be submitted and approved by the BBCRA prior to any repair work as the BBCRA reserves the right to complete repairs with in-house staff and/or to purchase the materials. G. Mulching—Two inches of shredded non-cypress mulch (not red mulch) shall be added to planting beds four (4) times a year in March, June, September and December. A granular pre-emergent herbicide shall be applied to all shrub beds PRIOR to the application of mulch. Beds will be clean of weeds when new mulch is applied. NO CYPRESS MULCH SHALL BE USED. H. Plant/Tree Installation - An itemized estimate must be submitted and approved by the BBCRA prior to any plant/tree installation as the BBCRA reserves the right to purchase the materials. All plants and/or trees must be visibly inspected and approved by the BBCRA prior to installation. See the Proposal Summary Sheets for Additional Services to submit hourly labor rates for installation. Additional maintenance cost will be addressed in accordance to Attachment "O," Standard Form of Agreement Between Owner and Contractor. I. Fertilization -All turf areas will be fertilized four (4) times annually using only commercial custom blended fertilizer which is designed for S. Florida turf needs. One of the turf fertilization applications will be a weed and feed that will be applied in the spring season. Fertilizer used will be a top grade 16-4-8 or season equivalent. Palms, hedges and ornamentals will be fertilized three times per year with a granular 13-3-13 or equivalent. All granular applications will be broadcast at the manufacturers recommended rates. J. Pest Control—An Integrated Pest Management (IPM) Pest Control Program will be designed and applied four(4)times annually for the detection and treatment of any insects, fungus and diseases that may occur in both the turf and on all ornamentals in all common ground areas. A supervisor 01467267-1 19 with a commercial landscape pesticide certification will inspect and treat problems quarterly as detected in both the turf and all landscape materials throughout the site. Areas treated and problems corrected will be indicated in written activity reports. See below for specifications regarding pest control applications: 1. Pest Control Specifications — Turf: All turf areas will be inspected and treated quarterly for turf- damaging insects and disease. Turf showing damage will be treated at time of inspection. Turf insects and diseases to be treated include Chinch Bugs, Sod Webworms, Army Worms, Fire Ants, Brown Patch & Leaf Spot Fungus. In addition, broadleaf weed control and ant baiting applications will be completed twice annually. a. Pest Control Specifications — Ornamentals: All Ornamentals will be inspected every month for plant damaging insects and disease. Ornamentals showing damage will be treated at the time of inspection. Ornamental insects and diseases to be treated include Scale, Mealy Bugs, Aphids, Caterpillars and Leaf Spot Fungus. b. Pest Control Exclusions: The control of Fig & Spiraling White Fly, Millipedes, Fleas, Ticks and Nematodes are not included in this program. Grub control would be at an additional cost. Any Treatment of Ants, other than Fire Ants, is not included in the program. Ants in pavers are also not included. Structural Pest Control including Wasps, Mud Daubers, etc. are not included. Any Palm tree disease would be an additional cost. No potted plants included. K. Damages - Damage to landscape material due to any cause shall be immediately corrected by Contractor. This includes up righting and staking any fallen or leaning trees and palms; removal of dead or damaged material; and minor grading and replacement of sod displaced by vehicles. Any pits left from tree removal shall be filled with good soil and sod to match existing grade. (Contractor must contact BBCRA within 24 hours of such repairs). L. General -Contractor shall be capable of being contacted through their office and/or cellular phone numbers during the hours of 7:00 a.m. — 5:00 p.m., Monday through Sunday. A contact must be available during regular work hours, after-hours, weekends and holidays. All phone calls from BBCRA employees should be returned within four (4) hours. Contractor shall provide a working fax number and email address for use during business hours. Based on the aforementioned, Bidder must submit with his/her/its bid the name, address, fax number, office phone number, cellular number(s) and email addresses of all persons to be contacted for coordination of service. Other than emergency maintenance, no maintenance shall be performed on weekends or during holidays unless requested in writing and approved by the BBCRA. Work shall be performed between the hours of 8:00 a.m. and 5:00 p.m. Special attention will be given to specified areas prior to national holidays & special events to ensure that the site is at its best during these times. Contractor will check area two days prior to holiday and special events and verify that maintenance has been properly performed. M. Additional Work — These prices will not be added in the contract bid but used on an "as needed" basis. 1. Sod Replacement: Contractor will supply sod replacement to the BBCRA on an "as needed" basis. Sod will be priced per sq. ft. of removal, grade and install. 2. Plant and Tree Installation: Contractor will supply labor for installation of shrubs and trees 01467267-1 20 as needed. Labor will be priced at an hourly rate per person. 3. Additional Fertilizing: Contractor will supply labor for additional fertilizing if needed. Labor will be priced on an hourly basis per person required. 4. Additional Pest Control: Price per 50 gallons of insecticide or 50 pounds of granular insecticide per as needed application. 5. Additional Litter Removal: Contractor will supply labor for additional litter removal if needed. Labor will be priced at an hourly rate per person. 01467267-1 21 ...........................___ ._.......... ...... .................................. . _._.M I' SCOPE OF W - CATEGORY ONE: I rove roe `es j {F \ { 11 st 7%'4 , r„- i �3�.nj`Y��1 �!'.R?'�? �� �i L� ��A2i��'k�� sY�X��Y�S,,,, >. ,s, - rlt YY�ity. '.Ic ,,,.i,.: ��r, \v\•s,, r, k i��Y FS � � �4;" ���i1;;'Y"�,�1 �� �P��� ����=!�r�;����4'2Pu,����ir. 110 NE 6th Street 08-43-45-27-03-000- ' -Marina Entry 0132&OS-43-15-27-60 Tower 8 725 01 003-0000 8 88-43-45- s 3 w- 7 Casa Lama Blvd. 27-03-000-00718 08- Open Space. 43-45-27-03-000-00411 Median L-Ha bor 3 itly��( All��Ott 211 E.Ocean 08-43-45-28-03-004- 0O2 Avenue 0134 4 7 ,' 3 1�01 ,- 11ft-gi �`E } S�?„ k �1 A`' �h, ill:+ .. xs .� ,, ,x„ 4 .\ 1,a �` 4 t.::s.. ',,,,t r+ ;�4'lr --t �xt ,�41 C3 115 N.federal 08-43-45-28-03-006- Highwa! 1 0010 1^ e OilA itUdf qx MIN is vmu�) ,F nt § £� 08-43-45-28-03-001- NE 4th street 8' P7 C34 0080&08-43-45-28- 1 4 NE 1st Avenue 03 001SOt 401-411 E. 08-43-45-21-18-000- 46 C05 8ointan Beach 0060 8 00-43-45-21-18- _o,- Blvd. Blvd. 000-00518 08r43-45- 21-18-000-0040 TOTAL 8 1'"7 The undersigned,having famillarizedtheffiselves with the local conditions affecting t e cost of the work,with the Specifications( including Invitation to Bid,Instructions to Bidders,this bid,the Standard Farm of Agreement,and the Scopes of Work)and Addenda,if any thereto,on file in the office of the BOYNTON BEACH COMMUNITY REDMILOPMENT AGENCY,at 100 E.Ocean Avenue,4th Floor,Boynton Beach,Florida,hereby proposes to furnish of labor erials, u' nt and services required,of accordance therewith,for the sura of N's V Dollars(S/ an a n �bases,for the work o in this Bid Price Proposal Breakdown-Afiv4h1yAjwtd Per SeMce for the maintenance of the properties feted in this Scope of Work and attached to the Standard Form of Agreement Between Owner and Contractor as Attachment`AF. Bi is i�natu Print Na Title Date 01467267-1 22 BID PRICE PROPOSAL BREAKDOWN SCOPE OF WORK - CA17EGORY ONE: Improved Properties .............. .......... Annual Anwunt Per Service flmesperqr) 0 110 NE Sib Street 08-43-45-27-03-000- -Marina EntrS 0132'&08-43-45-27-60- Coll Tower& 725 003-0000&08-43-45- $ Casa Loma Blvd. 7-03-000-0071&08- Open Space. 43-{5.27-03-000-0041 -27-03-000-0041 Median h Harbor C'02 211 E-Ocean 08-43-45-28-03-004- Avenue 0130 J WIR X CG3 115 N-Federal 08-43-45-28-03-006- Highwas 0010 C04 NE 4th Street 08-43-45-23-03-001- $ $ 3 $ NE I'st A 0080&08-43-45-29-03- "'mg, 4 ARM,",N Al W204241 @0 R=11110 01, ]: 01-411 E. 08-43-45-21-18-0010- Cos o9niton Beach 0060&08-43-45-21-18- $�4 Blvd. 1000-0051&08-43-45-21, 910 TOTAL $ 1071 The undersigned,having familiarized themselves with the local conditionsI affecting the cost of the work,with the Specifications(including Invitation to Bid,Instructions to Bidders,this bid,the Standard Form of Agreement,and the Scopes of Work)and Addenda,if any thereto,on file in the office of the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY,at 100 E.Ocean Avenue,4th Floor,Boynton Beach,Florida,hereby proposes to furnish all labor aerials,equipment an sqryes required,,.all in accordance therewith,for the sum of Dollars $ 1-62 annuaFyfof the work outlined in this Bid Price Proposal Breakdown-AnnttatAq&wntPw-%-ngi7--l4ti7-x--sI for the maintenance of the properties listed in this Scope of Work and attached to the Standard Form of Agreement Between Owner and Contractor as Attachment SAA ............. Bid SSi ild re i print e Title Date 011467267.1 23 V I i i, J r i d i 1 I� S Ra w f�i, s IXIM Ivul IM 3. 91 Z r � r P - OG U, g� Is Lo 417, €a r ' 01467267-1 24 t Am, } - U\�i S 1' ���fl;r( (� S Its � �c s•, � '? td� � t,F�� r ( s s c ) c t1 s } t _- �f}y� tt(cs v s, t r � 4f�tA — #, �E 1 t r� � x I M o 71 1 � 071, Is 3N a 01467267-1 25 him kl,i 1 � n s £ fl y l P„ ; �� NIV cc in sem, t ( l pkf kt i £ ��g 1 s loin � � �j`tit �� t ,'` k !} ��4(,i ��• � �,, ter .t3.f� u"rr F( 5, w IL in �y CL 4'I �� 1 I#I 3N ,t� i• � Cllal t2�1�. +I(`� c-. ��`rys � �Gln��' 01467267-1 26 - y y � t� .3 #� .14 IeJOP Eye ` ,. ;J 77 d`N r �jly1 = :,A Wco LU CL t 40 y uj LU Z us sM n` W y<' r Awl F xi 1 is `4t 10V - �r � Tl� 01467267-1 2 s �;at.�i);# vii- 7 Mfri4i 4�flf eft{ t �� 3\}vt *naY � 9iF�t`7itz.- IV � tt O a �}^1f.1����yj f ,� , —. t�tSr f }� ➢�T3 tt tt i t f,f, S�kS t t�� x o� t ft,~•,t �i�{{;4r , S�ti; �� � t 4 } ! i kt N4t IRA 7r a GO Z' t f ,Atf M 1 t f /R� t } t t co I �7i rt i t f l'S jr{�Y , s iF t' •R k3 -.`' 1 5;� Sk 1$f N S7 { t}1.� �c■ ,tS �n�>7� 'i ,1k1'1•= '' �{{i}t81hn-' it �rw�ry� �i_ Y.i v dl f 1, sok �f 01467267-1 20 ATTACHMENT "B" SCOPE OF WORK - CATEGORY TWO: Vacant Lots NOTE: The ITB divides the scope of work into two (2) categories to accommodate various types of properties owned by the BBCRA. Bidders(s) may submit a proposal(s) for one or more categories of work. Properties in this category consist of the following: 1. Large Development Vacant Lots (aka Cottage District) 2. E. Martin Luther King, Jr. Properties — MLK NORTH 3. NE 9t"Avenue 4. Misc. Vacant Lots SPECIFICATIONS A. Basic Maintenance shall be done two (2) times per month and includes Litter Control, Mowing, Line Trimming/Edging, Blowing and Weed Control. 1. Litter Control — Shall mean the collection and proper disposal, at the Contractor's expense (and not in any BBCRA container without prior approval) any debris such as paper, cans, bottles, fallen or hanging limbs, rocks, etc. which are not intended to be present as part of the landscape within the entire Landscape Maintenance Service Area including streets/parking areas, sidewalks, pathways, curbs, etc. and the emptying of all trash barrels on the site. a. Litter Control must be completed prior to any trimming/edging, mowing, or blowing to eliminate shredding of materials throughout the landscaping and to prevent any possible safety concerns. b. All litter is to be containerized and properly disposed of. 2. Mowing — Shall be performed in a manner that ensures a smooth surface appearance without scalping or leaving any "missed" uncut grass. a. All mowers are to be mulching mowers with closed chutes to minimize the spreading of clippings, must be adjustable to allow for the proper mowing height (Common Heights: Bermuda 0.5"-1.5" / Floratam St. Augustine 3.5"-4"/ Bahia 3"-4"/Zoysia 1.5"-2.5"); actual height to be determined by the condition of the grass and the field usage. Mowers shall have blades sharp enough to cut rather than tear grass blades. b. Mowing shall be done carefully in order to avoid "girdling" trees or shrubs, intruding into ground cover beds, damaging sodded berms, or causing damage to sprinkler heads, valves, time clocks, curbs, or other facilities as the Contractor will be responsible for restoring all damage. c. Mowing shall not be done when weather or conditions will result in damaged turf or rutting; re-scheduling or vacating the schedule for that week must be coordinated with the BBCRA. 3. Line Trimming/Edging — Grass shall be trimmed/edged during or immediately after mowing. Trimming/Edging will be accomplished by line trimmer, mechanical edger, or by hand. Trimming/Edging must remove grass around all obstacles in the turf such as posts, trees, wall, signs, sprinkler equipment, sidewalks, pavers, etc. and shall provide clean turf edges around all planting beds. Trimming/Edging shall be done carefully in order to avoid damaging sprinkler 01467267-1 29 equipment, walkways, plantings, or other facilities as the Contractor will be responsible for restoring all damage. NOTE: Trimming/Edging will be 1.5 feet away from all trees. palms, and exposed roots. 4. Blowing — Grass clippings and debris caused by mowing and trimming/edging shall be immediately blown off from all hard surfaces after mowing and line trimming/edging. Grass clippings and debris shall be removed as to not allow it to drift into roadways, storm drains, ponds/lakes or adjacent properties. 5. Weed Control - Contractor responsible for keeping all areas weed-free at all times. a. Weeds are to be completely removed from all turf, shrub, ground cover, flowerbeds, tree rings, and paver block areas during the contract period. Properties that are part of the Landscape Maintenance Service Area shall remain weed-free at all times using manual or chemical methods. b. Weeds growing from curb joints or other concrete areas shall be chemically treated and removed after the herbicide has penetrated to the roots if they are large enough to be a visual eyesore. c. There shall be no run-off of chemicals into adjacent roadways, gutters, planting areas or other hard surfaces. d. Contractor may use contact herbicides for spot killing of weeds. e. Weeds are to be mowed, trimmed or edged from turf areas as part of turf care operations. B. Damages - Damage to landscape material due to any cause shall be immediately corrected by Contractor. This includes up righting and staking any fallen or leaning trees and palms; removal of dead or damaged material; and minor grading and replacement of sod displaced by vehicles. Any pits left from tree removal shall be filled with good soil and sod to match existing grade. (Contractor must contact BBCRA within 24 hours of such repairs). C. General—Contractor shall be capable of being contacted through their office and/or cellular phone numbers during the hours of 7:00 a.m. — 5:00 p.m., Monday through Sunday. A contact must be available during regular work hours, after-hours, weekends and holidays. All phone calls from BBCRA employees should be returned within four (4) hours. Contractor shall provide a working fax number and email address for use during business hours. Based on the aforementioned, Bidder must submit with his/her/its bid the name, address, fax number, office phone number, cellular number(s) and email addresses of all persons to be contacted for coordination of service. Other than emergency maintenance, no maintenance shall be performed on weekends or during holidays unless requested in writing and approved by the BBCRA. Work shall be performed between the hours of 8:00 a.m. and 5:00 p.m. Special attention will be given to specified areas prior to national holidays & special events to ensure that the site is at its best during these times. Contractor will check area two days prior to holiday and special events and verify that maintenance has been properly performed. D. Palm Trimming -All palms will be trimmed once a month. All dead or dying fronds will be removed at this time. Lower palm branches (up to 10')will be trimmed to maintain clearance for pedestrian and vehicular traffic. Any palm exceeding a height of 16' or higher will be excluded, but can be trimmed at an additional charge, upon authorization by the BBCRA. 01467267-1 3 0 E. Trees -Trees are to be pruned once a month to control suckers or water sprouts and throughout the first year following installation, to establish proper structure; thereafter only corrective pruning, for damaged, dead; crossing branches; obstruction; or aesthetics is needed. Trees must be trimmed to provide clearance of no less than eight (8) feet at all times. F. Additional Work — These prices will not be added in the contract bid but used on an "as needed" basis. a. Sod Replacement: Contractor will supply sod replacement to the BBCRA on an "as needed" basis. Sod will be priced per sq. ft. of removal, grade and install. b. Plant and Tree Installation: Contractor will supply labor for installation of shrubs and trees as needed. Labor will be priced at an hourly rate per person. c. Additional Fertilizing: Contractor will supply labor for additional fertilizing if needed. Labor will be priced on an hourly basis per person required. d. Additional Pest Control: Price per 50 gallons of insecticide or 50 pounds of granular insecticide per as needed application. e. Pruning and Hedge/Shrub/Flowering Plant Maintenance — All hedges, shrubs, and landscaped areas will be trimmed in accordance with professional horticulture and ornamental practices. Care shall be taken not to remove too much of the flowering surface branches when pruning. Pruning shall also include the removal of all dead and diseased wood which in not beneficial to the specific type of plant material. Pruning shall be accomplished with clean, sharp tools including a pole saw for any tree hangers that can be reached from ground level, in accordance with standard horticultural practices, to preserve the natural character of the plant. Tools that cut, rip, or tear plants will not be allowed. All pruning cuts shall be done without leaving stub cuts, flush cuts, rips/tears, or straight cuts while removing all dead, dying, and/or diseased plant material. Branches protruding over walkways, into facilities such as fencing, buildings, etc., or obscuring walkways (10' clearance) or roadway right-of-ways (14' clearance). All plant material removed during the pruning process shall be containerized and disposed of properly. f. Plant/Tree Installation - An itemized estimate must be submitted and approved by the BBCRA prior to any plant/tree installation as the BBCRA reserves the right to purchase the materials. All plants and/or trees must be visibly inspected and approved by the BBCRA prior to installation. See the Proposal Summary Sheets for Additional Services to submit hourly labor rates for installation. Additional maintenance cost will be addressed in accordance to Attachment "O," Standard Form of Agreement Between Owner and Contractor. g. Additional Litter Removal: Contractor will supply labor for additional litter removal if needed. Labor will be priced at an hourly rate per person. 01467267-1 3 1 _.......... ...-............. ... T .__ .�DPRICE PROPOSAL BREARDOW _._WORK-CATEGORY .. .__.� : Vacant.� _ is OF . _____..._.. _..__.__...._.._.p...._� _ _ Month 1,A t Service 1 17I "�: � q t.. ,I� ,; tt °T' ,'r .,lot, r t b `%rr + ��i17S;f pj�t = '`r�1�\VA1 ISS 't}VS 4 1 ,.,,r +�, ., 'fir. g,„, a } ,{s ,., `. S .i� ,.• ry ':S r _�� 1. '�i\ .�1't��r SJ,',ti, .{-,��, r �u}' ;a� `��Srr`a ����tc-- ,c?'t .n»ta�w,.�us.�.x.,l,iti.. pct{r ,,t=`-'is;iat ~I�e,, t „r.n,r , �in,,,tr�e;,� �, �R�n,,4,s;r„i�t, a,��.arrl�srs�;rx�,� ���.cfv�!\f��S�W`��,`,�`;l�i� .. . ``�_��,,L�iil� �\ 1- �.iwt. 77 Gotta�e strict 18 ., CT7 Vacant Lots 4th PGN's attached to Map a1. 112 Lot 118r 12 E ML K Blvd_ 08-43-45-21-25-001-0110 s s Lot 14 NE 10th Avenue- 08-43-45-21-04-000-0140 $ 5-6, — 1 l- °'' 1 L x E MLX lvd_ 308 E MLK'Blvd. 08-43-45-21-04-000-0130 1 t m CT2 Lot 10 NE 10th Avenue- 108-43-45-21-04-000-0100 ' E_ 3 Lot 8 NE 10th Avenue-E MILK Blvd- 08-43-45-21-04-000--0000 1 T �- Lot 7 NE 10th Aveni 08-43-4S-21-04-000-0070 e ,�°" 1 !•MLK �vel l `_ w t.f 211 NE 9th Avenue 08-43-45-X21-18-000-1700 _$__j :" $ ,fir mn 1 231 NE 9th Avenue 08-43-45-21-18-000-1850S $ �•,. v` 235 NE 8th Avenue 08-43-45-21-18-000-1640 F. S /.' 1 GT3 Lacs 154.155$<156 NE 08-43-45-21-18-M-1540 4 1 m Stl _A e 1001 N.Railroad � 08-43-45=21-18-000-1510 j� � i a Avenue& tEi } 402 NW 12th Avenue 08-43 45-21-14-000-4150 S S S 1110-1102 N. federal 08-43-45-21-32-002-0211& $ HLi by ay 08-43-45-21-32 2-00 t /4 ^ CT4 407 NE 1st Street 08-43-45-21-30-002-0231 S 08-43-45-Z1-30-001-0110 89 106 NE 3r4 Street $ $ 08-43-4 -21-30-0007- 12'0 545 W'11th Avenue 08 43 45-21-1 -0 0-3i8o 1$ S< - 3 TOTAL S goo 00, $71A g ,'The undersign ,having famiTiarized themselves with the local conditions affecting the mat of the work, with the Specifications('including Invitation to Bid,Instruc4ions,to Bidders,this bid,the Standard Form of Agreement,and the Scopes of Work)and Addenda,if any thereto, on file in the office ofthe BOY Ohl BEACH CONIMUNITY REDEVELOPMENTAGENCY,at 146 E.Ocean Avenue,4th Floor,Boynton Beach, Fb ' a, eby proposes to fern ish all labor = rerials,equ` t a rvices reauired.all in accordance therewith, for the sum of rs($ ., on a xzx sis,for the work outlined in this Bid Price Proposal Breakdown—Month Amout Per Service for the maintenance of the properties listed in this Scope of Work and attached to the Standar orm of Agree: t Between Owner and Contractor as Attachmi Vildgs Signa re print 10 Tit ie Hate 01467267-1 32 , 3 _ j�1J lJl l� tPj7 h { h , { _ 'Ba F �s - - 11A LU US 4 w t 33 Y, r4 IL aai ��f sslti r nus �s sSSYtIA ' iry��r � y �" � t4r tSuE - , 01467267-1 3 3 COTTAGE DISTRICT NE 5th 2 114 Avenue Lot 1, Blk 1,Sunny Side Ests 08-43-45-21-28-001-0010 NE 5th Portions of Lots 2&3,Blk 3 118 Avenue 1,Sunny Side Ests. 08-43-45-21-28-001-0020 NE 5th Portions of Lots 3&4, Blk 4 122 Avenue 1,Sunny Side Ests. 08-43-45-21-28-001-0031 NE 5th Portions of Lots 4,5&6, 5 136 Avenue Blk 1,Sunny Side Ests 08-43-45-21-28-001-0041 NE 5th Portions of Lost 6&7, Blk 6 140 Avenue 1,Sunny Side Ests 08-43-45-21-28-001-0061 NE 5th Portions of Lots 7&8,Blk 7 144 Avenue 1,Sunny Side Ests 08-43-45-21-28-001-0071 N 100 Ft.of Lot 1,Blk 3, Shepard Addition to 8 517 NE 1st Street Boynton 08-43-45-21-29-003-0011 N 60 Ft.of S.200 Ft of Lot 1, Blk 3,Shepard Addition 9 515 NE 1st Street to Boynton 08-43-45-21-29-003-0013 NE 1st Avenue (Property Appraiser has it as 511 NE Portions of Lot 1,Blk 3, 10 511 1st Street) shepard Add 08-43-45-21-29-003-0012 Shepard Add S 75 ft.or Lot 11 145 NE 4th Ave 1, Blk 3 08-43-45-21-29-003-0014 Lot 2 and the NE 1/4 of Lot 12 a& NE 4th 3, Block 3,Shepard 08-43-45-21-29-003-0032; b xxx Avenue Addition to Boynton 08-43-45-21-29-003-0020 NE 4th Portions of Lot 3,Blk 3, 14 127 Avenue Shepard Add 08-43-45-21-29-003-0034 NE 4th W 75'of Lot 4/1-ess N 140'/ 15 121 Avenue Blk 3 Shepard Add 08-43-45-21-29-003-0041 Portions of Lots 3,4,&5, 16 xxx NE 4th Ave Blk 3,Shepard Add 08-43-45-21-29-003-0033 NE 4th Portions of Lot 5,Blk 3, 18 105 Avenue Shepard Add 08-43-45-21-29-003-0051 NE 4th Portion of Lot 8, Blk 3, 19 103 Avenue Shepard Add 08-43-45-21-29-003-0081 N.Seacrest Portions of Lots 7&8, Blk 20 508 Blvd. 3,Shepard Add 08-43-45-21-29-003-0071 01467267-1 34 fir. hi �� auk ig�aY i I � f a" w � �y h„ s r� z a ki tl$I �4 Sl E }hg — ,���,111 tfS�� f_ f H" �1. Cv LU �. H W + s W W W N C Q ^4yS' l k% It !�V Z Q ' W 01467267-1 3 5 Sf�, 1 W dy 1 } S 1 t 1yi SF Uf ASF , 4 K( to � f y to6S 1 ,S, 11 & .F�U741,ab�ys t �n W W �{ Z !Yl CL W i t � PA19 15045C6y.14 01467267-1 3 6 1 fV i , 1 S� s� +rr F14: p �<{t ( s t japeG44 y,4:�}sE 4i �� �1 I"ll vil ow i t tt fit ) tf r 1 i{f {` t � t md t 01467267-1 3 7 f�4br`- 1 � t - t� } } �Y41f�+ r 111 � �I9 � { 1S � fV 3 1 x 5; uj lkA,m`Y, 1. 1 pni9 3s8j*v8S N , 01467267-1 3 8 4 , a F r f +R I h Rk I 8 , S� �r 1 V{e U ,,. ,,< , 4 CL Jul I 4 I .S r, 01467267-1 3 9 ATTACHMENT "C" SITE INSPECTION CONFIRMATION Project Title: Landscape Maintenance for Category One: Improved Properties )<Ji, v z._ ,. - ---as an authorized agent of (Name and Title of Company Representative) Zg& (hereinafter called the Bidder) located at (Name of Company) j :1..314 hereby certifies that on _ .- cj / 2021, Bidder(s) or Bidder(s)' representative personally visited the following Project sites: 1. Boynton Harbor Marina 2. 211 E. Ocean Avenue 3. Public Parking Lot- 115 N. Federal Highway 4. 2 Public Parking Lots-NE 4th Street &NE 15t Avenue 5. 401-411 E. Boynton Beach Blvd. and has carefully examined the existing conditions and reviewed these conditions as they relate to Attachment "A," Scope of Work, Category One: Improved Properties, for the Project prior to submitting his/her/its bid. 14n ; . Bidder's Signature : / .hlN Print Name `z e, a Title -1 .._ t 1 Date 01467267-1 40 SITE INSPECTION CONFIRMATION Project Title: Landscape Maintenance for Category Two: Vacant Lots as an authorized agent of (Name and Title of Company Representative) (hereinafter called the Bidder) located at (Name of Company) : a ,J , .: _` hereby certifies that on LI-11- m I 2021, Bidder(s) or Bidder(s)' representative personally visited the following Project sites: 1. Large Development Vacant Lots (aka Cottage District) 2. E. Martin Luther King, Jr. Properties 3. NE 9rh Avenue 4. Misc. Vacant Lots and has carefully examined the existing conditions and reviewed these conditions as they relate to Attachment "B," Scope of Work, Category Two: Vacant Lots, for the Project prior to submitting his/her/its bid. Bidder's Signature Print Name -ter Title Date 01467267-1 4 1 ATTACHMENT "D" ADDENDA ACKNOWLEDGEMENT Receipt is hereby acknowledged of the following addenda to the The Boynton Beach Community Redevelopment Agency Invitation to Bid CONTRACT FOR LANDSCAPING MAINTENANCE SERVICES ON PROPERTIES OWNED BY THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By entering checking YES or NO in the space provided and indicating date received. No. 1 X Yes ❑ No Date . R1 No. 2 ❑ Yes ❑ No Date No. 3 ❑ Yes ❑ No Date No. 4 ❑ Yes ❑ No Date No. 5 ❑ Yes ❑ No Date ITB INFORMATION WAS OBTAINED FROM: BBCRA Website ❑ Newspaper Ad ❑ City Hall ❑ Other, please specify: Authorized Signature Print Name 3.- Z Title � .. Date 01467267-1 42 ATTACHMENT "E" ACKNOWLEDGMENT LETTER BIDDER(S) SHALL INCORPORATE THIS ACKNOWLEDGEMENT LETTER IN THEIR BID PACKAGE Re: Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 Project: Invitation to Bid (ITB) dated March 29, 2021 CONTRACT FOR LANDSCAPING MAINTENANCE SERVICES ON PROPERTIES OWNED BY THE BBCRA Bid Price: 1. Category One: $ ev Total of monthly services x 12 months 2. Category One: $ l ,, 7,64, Total of annual services 3. Category Two: $ rid a Sq_ Total of monthly services x 12 months Total Contract Price (sum of 1, 2, and 3 above) $ To Whom It May Concern: The undersigned has read the Boynton Beach CRA (BBCRA) Invitation to Bid (ITB) for the above- referenced Project. On behalf of Bidder identified below and our bid team, we agree to and accept the terms, specific limitations, and conditions expressed therein. We have read, rely upon, acknowledge and accept the BBCRA's disclosure and disclaimer, which is fully incorporated by reference into this letter, and certify that all of the requirements as described in the ITB are met and all required documents are enclosed. We agree to be bound by the Bid Price above and as otherwise provided in the bid. We further certify that all information presented in this bid, and all of the information furnished in support of the bid, is true and complete to the best of our knowledge and belief, and we are aware of the fact that making false statements or presenting false information that results in an agreement may be penalized to the maximum extent allowed by law. Sincerely, r' Name ity) r Authorized Si nature Date i l arl —Print Name and Title 01467267-1 43 ATTACHMENT "F" PUBLIC ENTITY CRIMES STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not: submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; submit a bid proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; submit bids, proposals, or replies on leases of real property to a public entity; be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; or transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months following the date of being placed on the convicted vendor list. As the person authorized to sign the Statement, I certify that Bidder has not been placed on the convicted vendor list within the past 36 months and complies fully with the above requirements. Bidder Name Authorized Signature Print Name Title Date 01467267-1 44 ATTACHMENT "G" LIST OF EQUIPMENT AND PERSONNEL In preparing the tabulation below, the Bidder shall insert the following information under the appropriate heading, using a separate line for each major item and an additional page, if necessary. (a) ITEM: Description of equipment. (b) USE: Description of what the equipment will be used for in the project. (c) AGE AND CONDITION: Original model year of equipment— if equipment has been rebuilt, year of last overhaul. (d) OWNED EQUIPMENT: whether Bidder owns equipment. AGE AND ITEM USE CONDITION OWNED (a) (b) (C) EQUIPMENT Yes/No d p` & Provide a list of key personnel who will be performing the work for this Project on a separate page in the following format: Name Job Title/Description Years with Phone/Email After Company Hours Contact Yes or No 01467267-1 45 Name Job Title Years Phone Email After Hours William Alber Sales Manager 1 561-360-5778 williamrvandslandscain ,com yes David Vincent President 10 561-888-1340 Pavidj2vandslandscapinExom yes Pedro Julias Supervisor 2 877-809-1714 no Jay Sansone Foreman 4 877-809-1714 no Victor Amarro Laborer 1 877-809-1714 no Andrea Vincent Secretary 8 877-809-1714 Office na va ndslandscapin-ern no Nick Mcdonald Laborer 3 877-809-1714 no Matthew Claude Foreman 2 877-809-1714 no Richard Lopez Laborer 2 877-809-1714 no Ronald O'Hearn Laborer 6 877-809-1714 no Miguel Rodriguez Laborer 7 877-809-1714 no Hector Xebio Laborer 2 877-809-1714 no Pedro Vasquez Laborer 5 877-809-1714 no James Swaford Laborer 3 877-809-1714 no ATTACHMENT "H" BIDDER'S INFORMATION AND PAST PERFORMANCE Business Name:� . ... a, d Street Address: I o j,, ss v am Mailing Address (if different): , <° City, State, Zip Code:cvs6 Telephone No. t :, p - °` : Fax No: Email Address of Contact Person: x+r` Ja ' .e � a; Rs� b Position/Title of Contact Person: Ownership Status - Is the company currently for sale or involved in any transaction to expand or to be acquired by another business entity? If yes, please explain the impact to the organization and management efforts. Age of Organization — In continuous business since: Leadership - List Corporate Officers, Principals, Partners or owners of your Organization with titles and addresses. If a publicly held company, list Chairman of the Board, CEO, and President: Federal Identification No.: " 16 ' State of Incorporation & Registration No.: - ),�ja If not a corporation, explain your status: JOINT BIDDING, CO-OPERATIVE PURCHASING AGREEMENT: Will extend same price, terms, and conditions of this bid to other CRAs; Palm Beach, Martin, and Broward County governmental entities and agencies. Yes ❑ No 01467267-1 46 Professional References: Provide three (3) verifiable professional references: FContact Name/Company Scope of Work/Contract Dates of Address/Telephone/Email Amount Services 1. 2-c)/ Mcc;11 of iwdxh- oez4,1- 12 lei-)C,ACr- Oo Pt C3 C S-LOC—7 01- 7,136 N Fb 2. C"Iy of- 6 5'yda' 8"4"il h')CO) Llyc' 3. ;W4 ILA" oce-#? Ove Yn/W? h"44&-,, Xyl, Legal History: Has Bidder been involved with any litigation within the past four (4) years? F-1 Yes Rr No If Yes, list all civil and criminal legal actions as required by the Invitation to Bid in a separate attachment in the following format: Case Number Description State Disposition 01467267-1 47 ATTACHMENT "I" SCHEDULE OF SUBCONTRACTORS Bidder(s) are to submit a detailed listing of any subcontractor participation of any portion of this project for any reason. Attach additional pages if necessary. Project Title: CONTRACT FOR LANDSCAPING MAINTENANCE SERVICES FOR THE PROPERTIES OWNED BY THE BOYNTON BEACH CRA Issuance Date: March 29, 2021 Bidder(s)' Name: u Name/Address/Phone Type of Work to Dollar Amount % of Total of Subcontractor be Performed Name: ' .f,_ C-i o 3.170 Address: C i ; Phone: 6 Name: Address: Phone: Name: Address: Phone: 01467267-1 48 ATTACHMENT "J" CERTIFICATION OF DRUG FREE WORKPLACE PROGRAM certify that ;hc 4 a the Bidder responding to this ITB, maintains a drug-free workplace program, and that the following conditions are met: (1) Bidder publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace; and specifying the actions that will be taken against employees for violations of such programs. (2) Bidder informs employees about the dangers of drug abuse in the workplace, the company's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Bidder gives each employee engaged in providing the commodities or contractual services included in this ITB a copy of the statement specified in Subsection (1). (4) In the statement specified in Subsection (1), Bidder notifies the employee that, as a condition of working in-the commodities or contractual services covered under this ITB, he/she will abide by the terms of the statement; and will notify the employer (Bidder) of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 893 or any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) Bidder imposes a sanction on, or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is convicted. (6) Bidder makes a good faith effort to continue to maintain a drug-free workplace through implementation of this Section 287.087, Florida Statutes. As the person authorized to sign the statement, I certify that Bidder complies fully with the above requirements. Authorized Signature: , Date , Name & Title (typed) j,- �. ... . 01467267-1 49 ATTACHMENT "K" LOCAL BUSINESS PREFERENCE CERTIFICATION STATEMENT When seeking local business preference status, a Bidder must complete and file a written statement as follows: WRITTEN STATEMENT REQUESTING LOCAL BUSINESS STATUS ,2JJ,, 1n Wk-j- [OFFICER OF COMPANY] Under penalty of perjury, I certify: I am an authorized representative of ; LII -ru')J �C: 1 [NAME OF COMPANY] (Bidder)and on behalf of the Bidder request that it be deemed to be a local business for purposes of the ITB. The following answers accurately reflect the status of the business seeking local preference. Answering yes to question 1 and question 2 will qualify the business as a local business. In support of this request I certify the following information as being true and correct: Name of Business (1) Is the business located a No Number of Years: within the City limits of Boynton Beach, Florida? (2) Does the business have a e No Business License Number: business tax receipt issued in the current year? ` (3) Is the business registered a No with the Florida Division of / ) 0 . Corporations? I understand that misrepresentation of any facts in connection with this request may be cause for disqualification of this bid. I also agree the Bidder is required to notify the BBCRA in writing should it cease to qualify as a local business. Bidder's Signature L'IL"n Print Name Title Date 01467267-1 50 ATTACHMENT "L" INSURANCE REQUIREMENTS Without limiting any of the other obligations or liabilities of the Contractor,the Contractor shall, at his/her/its own expense, provide and maintain in force, until all of its services to be performed under the Standard Form of Agreement have been completed and accepted by the BBCRA(or for such duration as it otherwise specified herein), the following insurance coverages: A. Worker's Compensation Insurance to apply to all of the Contractor's employees in compliance with the "Worker's Compensation Law" of the State of Florida and all applicable Federal Laws. Employer's Liability with limits of$100,000 per person, $500,000 per occurrence and $100,000 per each disease. B. Comprehensive General Liability with minimum limits of one million dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and $1,000,000 minimum Property Damage Liability. Additionally, coverage shall also include$1,000,000 aggregate on products and completed operations- $2,000,000 general aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements other than ISO Endorsement GL 21 06, as Filed by the Insurance Services Office and must include- 1. nclude-1. Premises and/or Operations 2. Independent Contractors 3. XCU Coverages. 4. Broad form Contractual Coverage applicable to this specific contract, including any hold harmless and/or indemnification agreement. 5. Personal Injury Coverage with employee and contractual exclusions removed. C. Business Automobile Liability with minimum limits of three hundred thousand dollars($300,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: 1. Owned Vehicles 2. Hired and Non-Owned Vehicles 3. Employers' Non-Ownership D. The BBCRA and The City of Boynton Beach shall be named as an additional insured on the Contractor's policies and a waiver of subrogation shall be provided for all policies. Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue, 4t" Floor Boynton Beach, FL 33435 City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 01467267-1 5 1 VINCAND-02 KKENNEDY CERTIFICATE OF LIABILITY INSURANCE DATE(MM/0210 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER I CCOONT CT Diane Traynor CAL Risk Management I PHONE FAX 23 Eganfuskee Street (A/c No Ext):(561)776-9001 (FAA/XC,No):(561)427-6730 Suite 102 E-MAIL Dtra nor alllc.com Jupiter,FL 33477 ARA9E _. . ... ... .. .. INSURERS)AFFORDING COVERAGE NAIC# I- .....— —__._. _._.... — ._ INSURER A:Southern-Owners Insurance Company �10-190 INSURED INSURER B:Owners Insurance Company 2 700 Vincent and Sons Landscaping,Inc. INSURERC:Insurance Company of the_West ._ 27847 PO Box 20605 INSURER D: West Palm Beach,FL 33416 I INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. – . INR TYPE OF INSURANCE iADDLISUBR WVDPOLICY_NU_MBER I POLICY EFF Y I POLICY EXpJ it Y...._. ._�._- LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1'000'OOO ! DAMAGE TO RENTED 300,000 CLAIMS-MADE �X OCCUR 72674807 1/15/2020 1/15/2021 PRE[$ E51E cccdrf_nJ $,. — MED EXP_(Any one„yaerson} $ 10,000 PERSONAL&ADV INJURY $ 1'000'000 2'000,000 FGEN'T AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 1$ POLICY❑X JE �X LOC PRODUCTS-COMP/OP AGG $ 2,000,000 THEIR B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1$ 1,000,000 !Ea accident) 1 ... X ANY AUTO 15267481500 1/15/2020 1/15/2021 BODILY INJURY(Perperson)_ s� OWNED j SCHEDULED AUTOS ONLY 1AUTOS B„ODILY_INJURY Per accident $,_ , HIRED ( NON-AWNED RROPERTY AMAGE X AUTOS ONLY X I AUTOS ONLY {FPer accident... A 1 X I UMBRELLA LIAB X I OCCUR EACH OCCURRENCE...._ 1'000'000 EXCESS LIAB CLAIMS-MADE 5267481501 1/15/2020 1/1512021 AGGREGATE `$ 1,000,000 —DED , RETENTION$ C WORKERS,AND EMPLOYOERS'LIABILITYMPENSATION X -$TAT,7L L .. R� _J .. Y/N IWFL505375900 2!7/2020 2/7/2021 1,000,000 ,ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ ( E.L.EACH ACCIDENT 1$, OFFICER/MEMBER EXCLUDED? N/A j(Mandatory in NH) ( E,L.DISEASE-EA EMPLOYEI- $ 11 D 1'000'000 yes 1,000,000 DESCdescribe under RIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Certificate holder is included as additional insured for general liability and auto liability when required by written contract. General Liability is primary and non-contributory for the additional insureds when required by written contract.Waiver of subrogation applies to general liability,auto liability and workers compensation for the certificate holder when required by written contract. Umbrella extends over general liability,auto liability and employers liability. Cancellation applies as per policy terms,conditions and exclusions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Vincent&Sons Landscaping Inc. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN p 9 ACCORDANCE WITH THE POLICY PROVISIONS. -FOR INFORMATION ONLY' PO Box 20605 West Palm Beach,FL 33416 AUTHORIZED REPRESENTATIVE I ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ATTACHMENT "M" CERTIFICATION OF NON-SCRUTINIZED ENTITY IV—drA � se,-)h5 as Bidder, hereby certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, and is not engaged in a boycott of Israel. If the BBCRA determines that this certification is falsified or contains false statements, or that Bidder is placed Scrutinized Companies that Boycott Israel List or engages in a boycott of Israel after the submittal of the bid or the execution of any agreement arising out of this ITB, the BBCRA may disqualify the bid and/or terminate the agreement. VP r0.,3 1 ej�n Bidder Name By: jjIcs. Authorized Representative of Bidder Date: M n1 STATE OF COUNTY OF THE FOREGOING INSTRUMENT was acknowledged before me this /3 day of 2021, by I)IA w il who is personally knowntme or who has respectively produced asi ntificat'on and did not take an oath. Notary Public: Print Name: , 16i4%Irr<.. ,�<•:,,Q ;. ; Commission No: . a_ (Seal) My Commission ices ,, �r 11a�Fr�fonExpIres AnftWad Comw NH 11238U xi ApI 28,20n 01467267-1 52 ATTACHMENT "N" AUTHORIZATION FOR RELEASE OF INFORMATION To whom it may concern: The undersigned hereby authorizes you to release to the Boynton Beach Community Redevelopment Agency (BBCRA) or the City of Boynton Beach any information in your possession regarding the undersigned either of a professional or personal nature including the statement of your opinions with regard to the undersigned's professional credibility and personal character, or of the bidder identified below. The undersigned also authorizes you to release to the Boynton Beach Community Redevelopment Agency (BBCRA) or the City of Boynton Beach any information in your possession regarding the business identified as "bidder" below. By:64, STATE OF COUNTY OF THE FOREGOING INSTRUMENT was acknowledged before me this day of 2021, by ) who is rsonally known to m1le or who has respectively produced -� as ide #iication and did not take an oath. Notary Public: �aOV ....... ,,y Andrea Vi'ncd Print Name: •':� Co Commission No: "&� MyCommissim (Seal) My Commission Ex `" ApM '.20 Name: L, Home Address: , yGC1 S_ & � h (L-4 Home Telephone Number: • Business Telephone Number: 3-4j,,,-,3 _- :L77,5 Fax Number: Date of Birth: Professional License Number: ElIC&OcV Bidder (Business) Name: VolcedejLs tt _ 01467267-1 5 3 ATTACHMENT "O" STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR THIS AGREEMENT ("Contract") made by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (hereinafter called "Owner"), and JIB) <"� R r� _.�;g �. a Florida Corporation, with a business address of a (hereinafter called "Contractor"). Collectively, Owner and Contractor may be referred to as the Parties, and individually as Party. WITNESETH: In consideration of the mutual covenants, promises, and consideration hereinafter set forth, the sufficiency of which both Parties hereby acknowledge, Owner and Contractor agree as follows: Article 1. Work. 1.1 The Contractor will perform work as shown in the "Scope of Work", which is attached to this Contract as Exhibit "A", and incorporated herein by reference. The Invitation to Bid issued by Owner attached hereto as Exhibit "B" and Contractor's bid in response to the Invitation to Bid attached hereto as Exhibit "C," are also incorporated herein by reference. 1.2 Contractor shall perform the Scope of Work (also referred to as "Work") as identified in Exhibit "A" attached hereto and made a part hereof, for four (4) years, commencing on , 2021 and ending on , 2025. This Contract may be renewed for three (3) additional one-year term upon the execution of a written amendment to this Contract by both parties. 1.3 Contractor shall provide a monthly maintenance schedule in a format acceptable to Owner for the Scope of Work identified in Exhibit "A." The maintenance schedule shall be updated by Contractor throughout the term of the Contract. 1.4 Contractor shall furnish all services, labor, equipment, and materials necessary and as may be required for the Work or in the performance of this Contract, except as otherwise specifically provided for herein, and all work performed under this Contract shall be done in a professional manner. 1.5 Contractor hereby represents to Owner, with full knowledge that Owner is relying upon these representations when entering into this Contract with Contractor, that Contractor has the expertise, experience, equipment, capability, and manpower to perform the Work. All of the Work shall be performed by the Contractor, or under Contractor's supervision, and all personnel engaged in performing the Work shall be fully qualified, competent, and, if required, licensed or permitted under state and local law to perform such work. 1.6 Contractor hereby represents to Owner that Contractor is properly licensed by the applicable federal, state, and local agencies to provide the Work under this Contract. Furthermore, Contractor agrees to maintain such licenses as may be necessary to perform the scope of work during the term of 01467267-1 54 this Contract. If Contractor's license is revoked, suspended, or terminated for any reason by any governmental agency, Contractor shall notify the Owner immediately. 1.7 Contractor hereby agrees to conduct all Work and services under this Contract in accordance with all the applicable federal, state, City of Boynton Beach, Owner, Palm Beach County, and local laws, rules, ordinances, or regulations. A violation of any federal, state, City of Boynton Beach, Owner, Palm Beach County, or local law, rule, ordinance, or regulation may be considered a breach of this Contract, allowing the Owner to terminate this Contract. Article 2. Owner's Representative. 2.1 The Owner's Representative for this Contract shall be the BBCRA's Assistant Director, or designee. 2.2 The Owner's Representative shall have general supervision and direction of the work. He/She has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract. He/She shall also have authority to reject all work and materials which do not conform to the Contract and to decide questions which arise in the execution of the work 2.3 The Owner's Representative shall, upon presentation to him/her, make prompt decision in writing on all claims of the Owner or the Contractor and on all other matters relating to the execution and progress of the work or the interpretation of the Contract. Article 3. Change in Scope of Work. 3.1 The Owner, without invalidating the Contract, may order additions to or deduction from the work in which event, the monthly invoice will be adjusted accordingly. If actual services to be provided differ from the Scope of Work provided for in the attached "Scope of Work,"the Owner will pay the Contractor based on an agreed upon price. Any claim for extension of time must be identified and adjusted at the time of ordering such change. Any changes in the Scope of Work and/or the Total Contract Price shall be through the execution of a Change Order signed by both parties. No individual change order shall exceed $10,000 without BBCRA Board approval. Article 4. Subcontractors. 4.1 The Contractor shall, as soon as possible after the signing of the Contract, notify the Owner's Representative in writing of the names of all proposed Subcontractors for the work, said Subcontractors to be subject to the approval of the Owner's Representative. Future addition or replacement of Subcontractors may be allowed subject to approval of the Owner's Representative. 4.2 The Contractor agrees that he is as fully responsible to the Owner for the acts and omission of his Subcontractors and of persons either directly or indirectly employed by them, as he/she/it is for the acts and omissions of persons directly employed by them. 01467267-1 5 5 4.3 Nothing contained in the Contract shall create any contractual relation between any Subcontractor and the Owner. Article 5. General Conditions 5.1 The Contractor shall protect all materials and workers against injury from any cause and shall provide and maintain all necessary guards for the protection of the public. He shall be held responsible for his negligence in the prosecution of the Work. 5.2 Upon completion, all debris and waste materials resulting from operations shall be removed from the project and disposed of legally by the Contractor. 5.3 This Contract does not create an employee/employer relationship between the parties. It is the intent of the parties that the Contractor is an independent contractor under this Contract and not the Owner's employee. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to Work or services rendered under this Contract shall be those of Contractor, which policies of Contractor shall not conflict with Owner or State policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the Owner, that it has full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Contract shall not be construed as creating any joint employment relationship between the Contractor and the Owner and the Owner will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. Article 6. Compensation; Form of Payment. 6.1 Contractor will submit an invoice every month in the amount of$ for Work completed the previous month. Owner will pay Contractor within 30 days of receipt of Contractor's invoice and in accordance with the Local Government Prompt Payment Act, Section 218.70, et al., Florida Statutes. The amount of the invoice and payment shall not change, unless another amount is agreed to in writing by both parties, or unless the amount is changed pursuant to another provision of this Contract. Reasons for change in invoicing and payment include, but are not limited to, changes in scope of work, claims for extra cost, default or breach of Contractor, and incomplete or incompetent work. All Payments shall be in the form of an Owner's check made payable to the Contractor. No payment made under this Contract shall be conclusive evidence of the performance of this Contract by the Contractor, either wholly or in part, and no Payment shall be construed to be an acceptance of or to relieve the Contractor of liability for the faulty or incomplete rendition of the Work. Article 7. Claims for Extra Cost. 7.1 If the Contractor claims that any instructions issued after the date of the Contract involves extra cost under the Contract, he shall give the Owner's Representative written notice thereof within two (2) days after the receipt of such instructions, and in any event before proceeding to execute the requested work. In cases of an emergency endangering life or property, the procedure shall then be as provided 01467267-1 5 6 for in Article 3 Changes in the Scope of Work. No such claim for additional work shall be valid unless made in conformance with this Contract. 7.2 Extra work not included in Article 1 of this Contract, but authorized after the date of the Contract that cannot be classified as within the scope of work may be done at mutually agreed price, or on a lump sum basis. Article 8. Insurance Coverage. The Contractor shall obtain all insurance required by the Owner and provide proof thereof prior to performing the work, and include in such proof the Certificate of Insurance. The Owner and the City of Boynton Beach shall be named as an additional insured on the Contractor's policies (including products) with respect to liability arising out of work performed by the Contractor or acts or omission of the Contractor in connection with the work or this Contract. A waiver of subrogation shall be provided for all policies. All Insurance must remain in force for so long as is necessary to cover any occurrence relating to, resulting from, or arising out of this Contract or the work performed as a result of this Contract. The following information must be included in the Certificate of Insurance for the additional insured: Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue, 4t" Floor Boynton Beach, FL 33435 City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 8.1 Worker's Compensation Insurance to apply to all of the Contractor's employees in compliance with the "Worker's Compensation Law" of the State of Florida and all applicable Federal Laws. In addition, the policy must include Employer's Liability with limits of $100,000 per person, $500,000 per occurrence and $100,000 per each disease. 8.2 Comprehensive General Liability with minimum limits of one million dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and $1,000,000 minimum Property Damage Liability. Additionally, coverage shall also include $1,000,000 aggregate on products and completed operations; $2,000,000 general aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements other than ISO Endorsement GL 21 06, as Filed by the Insurance Services Office and must include: a. Premises and/or Operations b. Independent Contractors C. XCU Coverages. d. Broad form Contractual Coverage applicable to this specific contract, including any hold harmless and/or indemnification agreement. e. Personal Injury Coverage with employee and contractual exclusions removed. 01467267-1 5 7 f. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide the Boynton Beach Community Redevelopment Agency with thirty (30) days written notice of cancellation and/or restriction. 8.3 Business Auto Policy. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance service Office and must include: a. Minimum Limits of$300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b. Owned Vehicles. C. Hired and Non-Owned Vehicles. d. Employee Non-Ownership. e. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide the Boynton Beach Community Redevelopment Agency and the City of Boynton Beach with thirty (30) days written notice of cancellation and/or restriction. Article 9. Indemnification; Waiver. 9.1 The Contractor shall indemnify, save, and hold harmless the Owner, the City of Boynton Beach, and all Owner and City of Boynton Beach agents, officers, and employees from any liability, claim, demand, suit, loss, cost, expense or damage (including attorneys' fees, such as attorneys' fees at the trial and appellate levels) which may be asserted, claimed, or recovered against or from the Owner, its agents, or its employees, by reason of any property damages or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to the negligent or wrongful conduct or the faulty equipment (including equipment installation and removal) of the Contractor. Nothing in this Contract shall be deemed to affect the rights, privileges, and sovereign immunities of the Owner or the City of Boynton Beach as set forth in Section 768.28, Florida Statutes. This paragraph shall not be construed to require Contractor to indemnify the Owner for its own negligence, or intentional acts of the Owner, the City of Boynton Beach, or the Owner or City of Boynton Beach officers, 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. 9.2 Owner shall not be responsible for any property damages or personal injury sustained by the Contractor from any cause whatsoever related to the Work or this Contract, whether such damage or injury occurs before, during, or after the Work or termination of this Contract. The Contractor hereby forever waives, discharges, and releases the Owner, its agents, and its employees, to the fullest extent the law allows, from any liability for any damage or injury sustained by the Contractor. Article 10. The Owner's Right to Terminate Contract. 10.1 Contractor's failure to perform or comply with the provisions set forth in this Contract shall constitute a default and breach of this Contract. Examples of failure to perform include but are not limited to: failure to complete Work by a deadline (except in cases for which extensions of time are provided); failure to supply enough properly skilled workman or proper materials to completely perform the Work; failure to make prompt paymentsto Subcontractors or for materials or labor; violating or p 01467267-I 5 O disregarding laws, ordinances, or the instructions of the Owner's Representative; and otherwise failing to completely or competently perform the Work. If a default or breach should occur, Owner's Representative may, without prejudice to any other right or remedy, terminate this Contract by providing seven days' written notice to Contractor that sufficient cause exists to justify terminating this Contract, and require that Contractor stop all work. In such cases the Contractor shall not be entitled to receive any further payment. 10.2 Owner may terminate this Contract if the Contractor should be adjudged bankrupt, if the Contractor should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of Contractor's insolvency. 10.3 Notwithstanding the other provisions in this Contract, the Owner reserves the right to terminate the Contract at any time upon providing thirty (30) days written notice to the Contractor. 10.4 If Contractor fails to adequately perform the Work, Owner may, but is not obligated to, substitute another contractor for Contractor to perform the Work as required by this Contract. Article 11. Contractor's Right to Stop Work or Terminate Contract. 11.1 If the work should be stopped under an order of any court, or other public authority for a period of three months, through an act or fault of the Contractor or of anyone employed by him, or if the Owner fails to make a payment within thirty days after it is due, then the Contractor may, upon seven days' written notice to the Owner and the Owner's Representative, stop work or terminate this Contract and recover from the Owner payment for all work executed, plus any loss sustained upon any plant or materials. Article 12. Miscellaneous 12.1 The OWNER and the CONTRACTOR each binds himself, his partners, successors, assigns, and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the Contract. 12.2 Public Records. The Owner is a public agency subject to Chapter 119, Florida Statutes. Contractor shall comply with Florida's Public Records Law. Specifically, Contractor shall: a. Keep and maintain public records required by the Owner to perform as described in this Contract. b. Upon request from the Owner's custodian of public records, provide the Owner with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if Contractor does not transfer the records to the Owner. d, Upon completion of the contract, transfer, at no cost, to the Owner all public records in possession of Contractor or keep and maintain public records required by the Owner to 01467267-1 59 perform the service. If Contractor transfers all public records to the Owner upon completion of the contract, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Contractor keeps and maintains public records upon completion of the contract, Owner shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Owner, upon request from the Owner's custodian of public records, in a format that is compatible with the information technology systems of the Owner. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (561) 737-3256; 100 E. Ocean Avenue, 4t" Floor, Boynton Beach, Florida 33435; orSimonM@bbf1.us The Contractor also understands that Owner may disclose any document in connection with performance of the Work or this Contract, so long as the document is not exempt or confidential and exempt from public records requirements. 12.3 Legal Representation; Jointly Drafted. The Parties declare that the terms of this Contract have been read and are fully understood. The Parties understand that this is a binding legal document, and it is further acknowledged that each Party has been advised to seek legal representation concerning the matters herein and had the opportunity to be represented by counsel in the preparation of this Contract. Accordingly, the rule that a contract shall be interpreted strictly against the party preparing same shall not apply herein. This Contract 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. 12.4 Records. Contractor shall keep such records and accounts and require any and all subcontractors to keep records and accounts as may be necessary in order to record complete and correct entries as to personnel hours charged to this engagement, and any expenses for which Contractor expects to be reimbursed. Such books and records will be available at all reasonable times for examination and audit by Owner and shall be kept for a period of three (3)years after the completion of all work to be performed pursuant to this Contract. Incomplete or incorrect entries in such books and records will be grounds for disallowance by Owner of any fees or expenses based upon such entries. 12.5 Assignments; Amendments. Contractor shall not assign, transfer or otherwise encumber, under any circumstances, this Contract or any interests herein without the prior written consent of Owner. For purposes of this Contract, any change of ownership of Contractor shall constitute an assignment which requires Owner approval; otherwise, Owner may, at its option, terminate this Contract with no further liability. However, this Contract shall run to the Owner and its successors and assigns. It is further agreed that no modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed by all parties to this Contract. 12.6 No Contingent Fees. Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor to solicit or secure this Contract, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for Contractor any fee, commission, percentage, gift, 01467267-1 60 or other consideration contingent upon or resulting from the award or making of this Contract. For the breach or violation of this provision, the Owner shall have the right to terminate the Contract without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 12.7 Notice. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended and the remaining party, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present, the Contractor and the Owner designate the following as the respective places for giving of notice: Owner: Michael Simon, Executive Director Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue, 4th Floor Boynton Beach, FL 33435 Telephone Number (561) 600-9091 Facsimile Number (561) 737-3258 Copy To: Lewis Longman &Walker, P.A. Tara Duhy, Esq. 515 North Flagler Drive Suite 1500 West Palm Beach, Florida 33401 Telephone Number (561) 640-0820 Contractor: Contractor name and address Telephone Number Facsimile Number 12.8 Binding Authority. Each person signing this Contract on behalf of either party individually warrants that he or she has full legal power and has been duly authorized to execute this Contract on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Contract. 12.9 Exhibits. Each Exhibit referred to in this Contract forms an essential part of this Contract. The exhibits if not physically attached should be treated as part of this Contract and are incorporated herein by reference. In the event of a conflict between the portion of this Contract above the signatures and an exhibit, the terms of the portion of the Contract above the signatures shall prevail. 12.10 Severability. If any provision of this Contract or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Contract, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 01467267-1 61 12.11 Governing Law; Venue. This Contract 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 for conflict of law principles. Venue and jurisdiction for all purposes shall be in in Palm Beach County, Florida, to which the Parties expressly agree and submit. 12.12 Extent of Contract. This Contract represents the entire and integrated Contract between the Owner and the Contractor concerning the subject matter herein and supersedes all prior and contemporaneous negotiations, representations, understandings, or agreements, of any kind or nature, either written or oral. 12.13 Waiver. Failure of the Owner to insist upon strict performance of any provision or condition of this Contract, or to execute any right therein contained, shall not be constructed as a waiver or relinquishment for the future of any such provision, condition, or right, but the same shall remain in full force and effect. Owner may, in its sole and absolute discretion, waive any requirement of the Contractor contained in this Contract, but such waiver shall be deemed effective only if the waiver is in writing executed by all Parties. 12.14 Attorney's Fees. In the event that either party brings suit for enforcement of this Contract, the prevailing party shall be entitled to attorney's fees and coup: costs, including those at both the trial and appellate levels, in addition to any other remedy afforded by law. 12.15 Protection of Property. At all times during the performance of this Contract, the Contractor shall protect the Owner's property from all damage whatsoever related to the work being carried on under this Contract. 12.16 Counterparts and Transmission. To facilitate execution, this Contract 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. 12.17 No Discrimination. The Contractor shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Contract. 12.18 Survival. The provisions of this Contract regarding indemnification, waiver, insurance, records, public records, binding authority, shall survive the expiration or termination of this Contract and remain in full force and effect. 12.19 Effective Date and termination. This Contract will become effective at the date and time that the last party signs this Contract. Unless earlier terminated pursuant to this Contract, this Contract will automatically terminate after receipt of Contractor's last invoice (which shall be dated no later than ) and payment by the Owner, or on 2025 whichever occurs 01467267-1 62 later. Nothing in this paragraph shall be construed so as to affect the Owner's right to cancel or postpone the Work pursuant to this Contract. 12.20 Non-Scrutinized Company. Contractor hereby certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, and is not engaged in a boycott of Israel. If the BBCRA determines that this certification is falsified or contains false statements, or that Contractor is placed Scrutinized Companies that Boycott Israel List or engages in a boycott of Israel after the execution of the Contract, the BBCRA may terminate the Contract. 12.21 E-Verify. Contractor warrants for itself and its subcontractors that Contractor and all subcontractors are in compliance with all federal immigration laws and regulations that relate to their employees. The Contractor agrees and acknowledges that the BBCRA is a public employer that is subject to the E-verify requirements as set forth in Section 448.095, Florida Statutes, and that the provisions of F.S. Sec. 448.095 apply to this Contract. Notwithstanding any other provisions in this Agreement, if the BBCRA has a good faith belief that Contractor has knowingly hired, recruited or referred an alien who is not duly authorized to work by the immigration laws or the Attorney General of the United States for employment under this contract, the BBCRA shall terminate the contract. If the BBCRA that has a good faith belief that a subcontractor knowingly hired, recruited or referred an alien who is not duly authorized to work by the immigration laws or the Attorney General of the United States for employment under this Contract, the BBCRA shall promptly notify Contractor and order Contractor to immediately terminate the contract with the subcontractor. Contractor shall be liable for any additional costs incurred by the BBCRA as a result of the termination of a contract based on Contractor's failure to comply with E-verify requirements referenced herein. IN WITNESS WHEREOF the parties hereto have executed this Contract the day and year written below. OWNER: Boynton Beach Community Redevelopment Agency Steven B. Grant, Chairman Date: STATE OF FLORIDA ) COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this day of , 20 by Steven B. Grant, as Chairman of the Boynton Beach Community Redevelopment Agency, who is personally known to me. NOTARY PUBLIC My Commission Expires: SIGNATURES CONTINUED ON NEXT PAGE. 01467267-1 63 CONTRACTOR: By: Print Name: Title: Date: STATE OF FLORIDA ) COUNTY OF ) BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared , as authorized to do business in the State of Florida, and acknowledged executed the foregoing Contract as the proper official of , for the use and purposes mentioned in it and that the instrument is the act and deed of that company. 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 , 20 NOTARY PUBLIC My Commission Expires: 01467267-1 64 BOYNTO li RA COMMUNITY REDEVELOPMENT AG- I ADDENDUM NO. 1 TO INVITATION TO BID (ITB) TO TO PERFORM LANDSCAPE MAINTENANCE SERVICES ON PROPERTIES OWNED BY THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY April 15, 2021 TO ALL PROPOSERS AND OTHERS CONCERNED The Boynton Beach Community Redevelopment Agency ("BBCRA") has published an Invitation to Bid (ITB), dated March 29, 2021, for the landscape maintenance services on BBCRA- owned properties. The intent of this Addendum is to address errors and clarify other aspects of the ITB. Applicants responding to the ITB shall take note of the following changes, additions, deletions, clarifications, etc., to the ITB which shall become a part of and have precedence over anything shown or described otherwise. Question 1: Can you provide the previous bid tabulations? Answer: Yes, please see attached. Question 2: Are bidders responsible for any clearing or scrubbing of vegetation for the new properties the BBCRA will be acquiring in the future? Answer: Since the conditions of future properties are unknown at this time, each new property to be added to the scope of this contract will be evaluated by the BBCRA and will require an estimate from the successful bidder/contractor after acquisition by the BBCRA. Question 3: Map#CO2—211 E. Ocean Avenue property -Are the bidders responsible for the landscaping within the alley along the north property line? Answer: Only mowing is included in the scope of the ITB. The two mango trees located in the alley would be considered additional work and would require an estimate for trimming. Question 4: The ITB indicates no red mulch and no cypress mulch is allowed? Is there flexibility with this? Answer: There is only flexibility with the cypress mulch which would require written approval from the BBCRA. Question 5: Are the bidders responsible for the irrigation maintenance? 00904109-2 Addendum No. 1 ( Answer: Please refer to Section 3.E of Attachment "A," Irrigation Wet Check and Section 3.F of Attachment "A,"Irrigation Repairs- Page 19 of the ITB. Question 6: CO1 —Boynton Harbor Marina, 110 NE 6th Street and 725 Casa Loma Boulevard —Since landscaping is maintained by separate condo owners, will irrigation plans be available to bidders to assess if there is overlapping of zones for irrigation checks? Answer. Irrigation plans can be provided however, they may be outdated. CRA Staff will meet with Successful Bidder at all sites containing irrigation to physically identify meter locations and zones, etc. END OF ADDENDUM No. 1 00904109-2 1.7 Addendum No. 1 0 0 E C u Q 00 a f° O m C O n c c x - z z z x z z z to 0 00 E Ln 0 0 0 \ N J u'f 00 l0 V O = O O CD O C 00 N C• O N C Ln r-I O Vui7t p O II 7 O h _\ Q Q Q PIL x U z z z' i 0000 x " N O O C O Co. \ O LNI z Ln N N ri v> –I C O CL E l00 O V [0 N 00 h 41 C pN 0 -1 O O 00 ' — O O v> 7 Q• .-I II O O It Q p Ud -4 v two > > > > > > > > u z > 7 U 00 x O N x O G ^ I,CO V} iA O f0 a-I O 01 O C \ N z V U rl L a o n fj o C E m � v U N p O • VS p O � H , N 2 , X fu0 \> Z Z C 0000 x iyj p y \ O '� {/1• c0 00 p Om z 1� m N i!} O G O m �O 00 nj N OM O a N 0......... O IIil CS 0 00 C Ql 0 _ rl o.. x z z In 00 x 6o m C p\p rn O vo. O 0 00 16 O41 CD M J CLn 00 IV LnN' a i C I 3 m o m ca E o +� U of fC 0) N O II O C Q C --Op V Q�1 N Z "O Q > > > > > > v Z z z CM i 00 x N oOJp O O M GJN � L Co. cc 'A LO O CD in NE O 3 O O L17 O Z In N � r r, H CL r Cr y r• � � s..a r-L CQ CD u r, CD � 0 co CD m v. O cn v r CD d Cp CD CD CD qJ a Cd CD U C _ 0 C) CL C}hy,Jq� CD CD _a _� �s C.) "� O rn ° C a ?� ' CL 6 CD En cn CD CD CL rnP7 L U"1 CD �' ti O d CD GO CD � v= 0 _ CD w o CD tj fig. .-. CD to CD CD CD CL " c n n w Ua " aCD oll Cl) t) � va i t`r 14T" M =w A N I�O P.O. Box 3353,West Palm Beach,FL 33402-3353 *"LOCATED AT** _. _... Ch l J CONSTIMITiGNAL TAX COLLECTOR www.pbctax,com Tel;(561)355-2264 .alta*g Palm Beach County 4420 MANGO BLVD ervin ,9rou, WEST PALM BEACH, FL 33411 TYPE OF BUSINESS-'] OWNERCERTIFICATION# RECEIPT#!DATE PAID AlT PAID BILL# 56-0030 LAWN MAINTENANCE VINCENT DAVID G 820.542591-08105/20 $33.00 640143498 This document is valid only when receipted by the Tax Collector's Office. STATE OF FLORIDA PALM BEACH COUNTY 2020/2021 LOCAL BUSINESS TAX RECEIPT LBTR Number: 201250371 V&S LANDSCAPING EXPIRES: SEPTEMBER 302021 VINCENT AND SONS LANSCAPING INC ' f W 4420 MANGO BLVD WEST PALM BEACH FL 33411-9117 This receipt grants the privilege of engaging in or managing any business profession or occupation 1111'1"11'1'1"11'1'11'11'III'II'II'r'll'rlll'lllllll'lll'11'I'I within its jurisdiction and MUST be conspicuously displayed at the place of business and in such a manner as to be open to the view of the public. '\ N 114 E Dk" gam NIT 'O NT * P.O,Box 3353,West Palm Beach,FL 33402-3353 LOCATED AT CONSTITUMNAL TAC eCOLLECTOR www.pbctax.com Tel:(561)355-2264 5ai?trsrq rhn F-Reach�rzrc;zty 4420 MANGO BLVD Starving you. WEST PALM BEACH, FL 33411 TYPE OF BUSINESS OWNER CERTIFICATION# RECEIPT#IDATE PAID AMT PAID BILL# 56-0027 LANDSCAPING VINCENT DAVID G 1320.542590-08/05/20 $33.00::H 33.00 640143499 This document is valid only when receipted by the Tax Collector's Office. STATE OF FLORIDA PALM BEACH COUNTY 2020/2021 LOCAL BUSINESS TAX RECEIPT L T Number: 201250369 VINCENT CENNTT AND V S NG EXPIRES: SEPTEMBER 0, 2021 m� ND SSOONS LANSCAPING INC t 4420 MANGO BLVD ' WEST PALM BEACH FL 33411-9117 This receipt grants the privilege of engaging in or managing any business profession or occupation Ilrllll II II III III I IIII I I II II I VIII II I within its jurisdiction and MUST be Conspicuously displayed at the place of business and in such a manner as to be open to the view of the public. >liION � Department f Environmental Protection UPIFAS' ��i 2600 Blair Stone Road,M.S.3574 L7�lIVPRSiT'1 of FLORIDA Tallahassee,Florida 32399-2440 GI-BMP Trainee ID: GV38964 - Certification date: 1/29/2016 Congratulations on successfully completing the Florida Green Industries Best Management Practices Training Program.Your certificate of completion and wallet card are attached.If there are errors in the certificate,or ifwe can be of further assistance, please contact the GI-BMP Office of the OF/Florida-Friendly Landscaping"I Progcarn at gi.bmp@ifas.ufl.edu or(352)273-4517. Please note that this training certificate alone does not authorize you to apply fertilizer commercially after January 1,2014.You must take additional steps to become licensed for commercial fertilizer application in the state of Florida.The Limited Urban Commercial Fertilizer Applicator Certification(state"fertilizer license")is issued by the Florida Department of Agriculture and Consumer Services (FDACS). Apply online:https://aesecomm-freshfromflorida.com.'Ihe certificate number from this document is required to apply for Fertilizer Applicator Certification.For assistance contact:The Bureau of Licensing and Enforcement, (350)617-7997 If your test score is 90%or greater,you may be eligible to become a GI-BMP Instructor: 'fest Score:78% http://fyn.ifas.ufl.edu/professionals/instructor-Program.html State of Florida DEPARTMENT OF Lasandxo A. Iglesias ENVIRONMENTAL PROTECTION 10711 SW 120 Ave {r, Miami,FL 33186 U � SHS � r > GV38964 1 J mak: ' GV38964 . wLL Ceeti6cated+ s `7xaineeID# GREEN INDUSTRIES BEST MANAGEMENT PRACTICES TRAINING PROGRAM 1,`fa ® � lip� � � ® ' - �� ���ro�►ea� , � } E I UF,IFAS � J 10141 UNIVERSITY ofFLORIDA < Certificate of Training Irre GV38964-1V Best Managen, r i %® s off' Certificate# iGV38964 •,: —Trainee ID# '� T ll.e` deigned hereb�r acln®�rlectges:that .�' has successfully met;all requirements necessary to beixllg txained through � the Green Industries Best ly aemetl ces_r'rogl-am developed bl7 the ®: Florida Depa imel o�•E av�ro�rneritat Protection with the-University of ®` q P ;001 te® i lo .da Institute o£ food and4&- Fcultural,sciences. A� ,� �.� D Rainey 1/29/2016 Issuer $ Instructor Date of Class D,! �[�rogram Administrator—1j s� Not V without seal gm t1111�5m 10 Iq rt coo !f� „� 14tH r7 ON I N (DCD i I � w ° o i , c fU tli �ti, c CD C-) ill Rt' oro y qk�, ��0 s z f—I 0 I OWN (6 ' Q r-)-.• ( ;� CDrt m CDED CD t, c) ,Sk ;rY " �; CD j4 )r c n, N CDwQ ti E++'p I }t l n <j m [W M (D CD ® cn it Cf) �1 cn Pi } rt rD +' n co 'F a W � I o� ........... ate:_ 0 -0 00 pFpro q3 C, = z 0 ot P4 P4 u Pte'' qz ........... State o Florida !f Department ofState I certify from the records of this office that VINCENT AND SONS LANDSCAPING INC. is a corporation organized under the laws of the State of Florida filed on January10, 2011, effective January 14, 2011. ry s The document number of this corporation is PI 1000003055. I further certify that said corporation has paid all fees due this office through December 31, 2021, that its most recent annual report/uniform business report was filed on March 15, 2021, and that its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Fifteenth day of March, 2021 t. 9 Secretaty of State Tracking Number: 7608115607CC To authenticate this certificate,visit the following site,enter this number,and then follow the instructions displayed. https://services.sunbiz.org/Filings/C ertificateOfStatus/CertificateAuthentication INVITATION TO BID (ITB) TO PERFORM LANDSCAPE MAINTENANCE SERVICES ON PROPERTIES OWNED BY THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY it BOYNTO ' CRA w""""" EAC 1 COMMUNITY REDEVELOPMENT AGENCY ISSUE DATE: March 29, 2021 MANDATORY PRE-BID CONFERENCE: April 12, 2021, 10:00 A.M. (EST) REQUEST FOR INFORMATION DEADLINE: April 26, 2021, 5:00 P.M. (EST) SUBMISSION DEADLINE: May 13, 2021, 2:00 P.M. (EST) 01467267-1 - �`: t;- ?� .'w :_ /•_ �l �-r f \ ,/,r f4)s s��l\s� ISS�Ist y, s� �-,a�f tic,s�t)tt$ Z�ff(f� 11�it t7� ���, ,t �, ss,��� �� t 4��r,,.. k4s yyf z!,ty, tyr l , ,lsrijiy Oltl�l,lillr;,�1; t rOs ,, �. r s,!A���r } �lyyily `�� w i i l Ln �S`iis i� )141 1 ( stty i l r t(S ��� �y�f y�gySya `i yliy�st`� a rn CL j- d" F- O j en (A M LLJ bA LL. wi �3 Is sti��iy}ir S _ co a O o m o t, e'. (1) Q. 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G 2 z 7 { e » .§ $ / < $ u® u '> \ \ $ E / / \ ( / J \ \ 7 » ® = k u 0 / » u ) 2 = % 5 = k » G 2 ` / \ § 7 / 7 / \ u E » o \ k { o E / a) o � z \ 2 cr 2 6 & , \ / '= 7 / / G '> ± } 2 4 Q y 3 > z o S u ° __ e $ \ 0 C: 2 t t t § t t t § t \ \ } » & � a) w w \ a) a) a) _ � — a » ® E 2 E E E u E E E E \ / ) 0 5 B \ u \ \ _ _ _ _ _ = 2 = _ $ 2 2 $ ; ° ° Q Q / \ / _0 �� < < ƒ \ \ < / \ < < » < 2 \} y ( « x z STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR THIS AGREEMENT ("Contract") made by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (hereinafter called "Owner"), and a Florida Corporation, with a business address of (hereinafter called "Contractor"). Collectively, Owner and Contractor may be referred to as the Parties, and individually as Party. WITNESETH: In consideration of the mutual covenants, promises, and consideration hereinafter set forth, the sufficiency of which both Parties hereby acknowledge, Owner and Contractor agree as follows: Article 1. Work. 1.1 The Contractor will perform work as shown in the "Scope of Work", which is attached to this Contract as Exhibit "A", and incorporated herein by reference. 1.2 Contractor shall perform the Scope of Work (also referred to as "Work") as identified in Exhibit "A" attached hereto and made a part hereof, for four (4) years, commencing on July 1, 2021 and ending on June 30, 2025. This Contract may be renewed for three (3) additional one-year term upon the execution of a written amendment to this Contract by both parties. 1.3 Contractor shall provide a monthly maintenance schedule in a format acceptable to Owner for the Scope of Work identified in Exhibit "A." The maintenance schedule shall be updated by Contractor throughout the term of the Contract. 1.4 Contractor shall furnish all services, labor, equipment, and materials necessary and as may be required for the Work or in the performance of this Contract, except as otherwise specifically provided for herein, and all work performed under this Contract shall be done in a professional manner. 1.5 Contractor hereby represents to Owner, with full knowledge that Owner is relying upon these representations when entering into this Contract with Contractor, that Contractor has the expertise, experience, equipment, capability, and manpower to perform the Work. All of the Work shall be performed by the Contractor, or under Contractor's supervision, and all personnel engaged in performing the Work shall be fully qualified, competent, and, if required, licensed or permitted under state and local law to perform such work. 1.6 Contractor hereby represents to Owner that Contractor is properly licensed by the applicable federal, state, and local agencies to provide the Work under this Contract. Furthermore, Contractor agrees to maintain such licenses as may be necessary to perform the scope of work during the term of this Contract. If Contractor's license is revoked, suspended, or terminated for any reason by any governmental agency, Contractor shall notify the Owner immediately. 01467267-1 1.7 Contractor hereby agrees to conduct all Work and services under this Contract in accordance with all the applicable federal, state, City of Boynton Beach, Owner, Palm Beach County, and local laws, rules, ordinances, or regulations. A violation of any federal, state, City of Boynton Beach, Owner, Palm Beach County, or local law, rule, ordinance, or regulation may be considered a breach of this Contract, allowing the Owner to terminate this Contract. Article 2. Owner's Representative. 2.1 The Owner's Representative for this Contract shall be the BBCRA's Assistant Director, or designee. 2.2 The Owner's Representative shall have general supervision and direction of the work. He/She has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract. He/She shall also have authority to reject all work and materials which do not conform to the Contract and to decide questions which arise in the execution of the work 2.3 The Owner's Representative shall, upon presentation to him/her, make prompt decision in writing on all claims of the Owner or the Contractor and on all other matters relating to the execution and progress of the work or the interpretation of the Contract. Article 3. Change in Scope of Work. 3.1 The Owner, without invalidating the Contract, may order additions to or deduction from the work in which event, the monthly invoice will be adjusted accordingly. If actual services to be provided differ from the Scope of Work provided for in the attached "Scope of Work,"the Owner will pay the Contractor based on an agreed upon price. Any claim for extension of time must be identified and adjusted at the time of ordering such change. Any changes in the Scope of Work and/or the Total Contract Price shall be through the execution of a Change Order signed by both parties. No individual change order shall exceed $10,000 without BBCRA Board approval. Article 4. Subcontractors. 4.1 The Contractor shall, as soon as possible after the signing of the Contract, notify the Owner's Representative in writing of the names of all proposed Subcontractors for the work, said Subcontractors to be subject to the approval of the Owner's Representative. Future addition or replacement of Subcontractors may be allowed subject to approval of the Owner's Representative. 4.2 The Contractor agrees that he is as fully responsible to the Owner for the acts and omission of his Subcontractors and of persons either directly or indirectly employed by them, as he/she/it is for the acts and omissions of persons directly employed by them. 4.3 Nothing contained in the Contract shall create any contractual relation between any Subcontractor and the Owner. 01467267-1 2 Article 5. General Conditions 5.1 The Contractor shall protect all materials and workers against injury from any cause and shall provide and maintain all necessary guards for the protection of the public. He shall be held responsible for his negligence in the prosecution of the Work. 5.2 Upon completion, all debris and waste materials resulting from operations shall be removed from the project and disposed of legally by the Contractor. 5.3 This Contract does not create an employee/employer relationship between the parties. It is the intent of the parties that the Contractor is an independent contractor under this Contract and not the Owner's employee. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to Work or services rendered under this Contract shall be those of Contractor, which policies of Contractor shall not conflict with Owner or State policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the Owner, that it has full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Contract shall not be construed as creating any joint employment relationship between the Contractor and the Owner and the Owner will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. Article 6. Compensation; Form of Payment. 6.1 Contractor will submit an invoice every month in the amount of$ for Work completed the previous month. Owner will pay Contractor within 30 days of receipt of Contractor's invoice and in accordance with the Local Government Prompt Payment Act, Section 218.70, et al., Florida Statutes. The amount of the invoice and payment shall not change, unless another amount is agreed to in writing by both parties, or unless the amount is changed pursuant to another provision of this Contract. Reasons for change in invoicing and payment include, but are not limited to, changes in scope of work, claims for extra cost, default or breach of Contractor, and incomplete or incompetent work. All Payments shall be in the form of an Owner's check made payable to the Contractor. No payment made under this Contract shall be conclusive evidence of the performance of this Contract by the Contractor, either wholly or in part, and no Payment shall be construed to be an acceptance of or to relieve the Contractor of liability for the faulty or incomplete rendition of the Work. Article 7. Claims for Extra Cost. 7.1 If the Contractor claims that any instructions issued after the date of the Contract involves extra cost under the Contract, he shall give the Owner's Representative written notice thereof within two (2) days after the receipt of such instructions, and in any event before proceeding to execute the requested work. In cases of an emergency endangering life or property, the procedure shall then be as provided for in Article 3 Changes in the Scope of Work. No such claim for additional work shall be valid unless made in conformance with this Contract. 01467267-1 3 7.2 Extra work not included in Article 1 of this Contract, but authorized after the date of the Contract that cannot be classified as within the scope of work may be done at mutually agreed price, or on a lump sum basis. Article 8. Insurance Coverage. The Contractor shall obtain all insurance required by the Owner and provide proof thereof prior to performing the work, and include in such proof the Certificate of Insurance. The Owner and the City of Boynton Beach shall be named as an additional insured on the Contractor's policies (including products) with respect to liability arising out of work performed by the Contractor or acts or omission of the Contractor in connection with the work or this Contract. A waiver of subrogation shall be provided for all policies. All Insurance must remain in force for so long as is necessary to cover any occurrence relating to, resulting from, or arising out of this Contract or the work performed as a result of this Contract. The following information must be included in the Certificate of Insurance for the additional insured: Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue, 4th Floor Boynton Beach, FL 33435 City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 8.1 Worker's Compensation Insurance to apply to all of the Contractor's employees in compliance with the "Worker's Compensation Law" of the State of Florida and all applicable Federal Laws. In addition, the policy must include Employer's Liability with limits of $100,000 per person, $500,000 per occurrence and $100,000 per each disease. 8.2 Comprehensive General Liability with minimum limits of one million dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and $1,000,000 minimum Property Damage Liability. Additionally, coverage shall also include $1,000,000 aggregate on products and completed operations; $2,000,000 general aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements other than ISO Endorsement GL 21 06, as Filed by the Insurance Services Office and must include: a. Premises and/or Operations b. Independent Contractors C. XCU Coverages. d. Broad form Contractual Coverage applicable to this specific contract, including any hold harmless and/or indemnification agreement. e. Personal Injury Coverage with employee and contractual exclusions removed. f. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide the Boynton Beach Community Redevelopment Agency with thirty (30) days written notice of cancellation and/or restriction. 01467267-1 4 8.3 Business Auto Policy. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance service Office and must include: a. Minimum Limits of$300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b. Owned Vehicles. C. Hired and Non-Owned Vehicles. d. Employee Non-Ownership. e. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide the Boynton Beach Community Redevelopment Agency and the City of Boynton Beach with thirty (30) days written notice of cancellation and/or restriction. Article 9. Indemnification; Waiver. 9.1 The Contractor shall indemnify, save, and hold harmless the Owner, the City of Boynton Beach, and all Owner and City of Boynton Beach agents, officers, and employees from any liability, claim, demand, suit, loss, cost, expense or damage (including attorneys' fees, such as attorneys' fees at the trial and appellate levels) which may be asserted, claimed, or recovered against or from the Owner, its agents, or its employees, by reason of any property damages or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to the negligent or wrongful conduct or the faulty equipment (including equipment installation and removal) of the Contractor. Nothing in this Contract shall be deemed to affect the rights, privileges, and sovereign immunities of the Owner or the City of Boynton Beach as set forth in Section 768.28, Florida Statutes. This paragraph shall not be construed to require Contractor to indemnify the Owner for its own negligence, or intentional acts of the Owner, the City of Boynton Beach, or the Owner or City of Boynton Beach officers, 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. 9.2 Owner shall not be responsible for any property damages or personal injury sustained by the Contractor from any cause whatsoever related to the Work or this Contract, whether such damage or injury occurs before, during, or after the Work or termination of this Contract. The Contractor hereby forever waives, discharges, and releases the Owner, its agents, and its employees, to the fullest extent the law allows, from any liability for any damage or injury sustained by the Contractor. Article 10. The Owner's Right to Terminate Contract. 10.1 Contractor's failure to perform or comply with the provisions set forth in this Contract shall constitute a default and breach of this Contract. Examples of failure to perform include but are not limited to: failure to complete Work by a deadline (except in cases for which extensions of time are provided); failure to supply enough properly skilled workman or proper materials to completely perform the Work; failure to make prompt payments to Subcontractors or for materials or labor; violating or disregarding laws, ordinances, or the instructions of the Owner's Representative; and otherwise failing to completely or competently perform the Work. If a default or breach should occur, Owner's Representative may, without prejudice to any other right or remedy, terminate this Contract by providing seven days' written notice to Contractor that sufficient cause exists to justify terminating this Contract, 01467267-1 5 and require that Contractor stop all work. In such cases the Contractor shall not be entitled to receive any further payment. 10.2 Owner may terminate this Contract if the Contractor should be adjudged bankrupt, if the Contractor should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of Contractor's insolvency. 10.3 Notwithstanding the other provisions in this Contract, the Owner reserves the right to terminate the Contract at any time upon providing thirty (30) days written notice to the Contractor. 10.4 If Contractor fails to adequately perform the Work, Owner may, but is not obligated to, substitute another contractor for Contractor to perform the Work as required by this Contract. Article 11. Contractor's Right to Stop Work or Terminate Contract. 11.1 If the work should be stopped under an order of any court, or other public authority for a period of three months, through an act or fault of the Contractor or of anyone employed by him, or if the Owner fails to make a payment within thirty days after it is due, then the Contractor may, upon seven days' written notice to the Owner and the Owner's Representative, stop work or terminate this Contract and recover from the Owner payment for all work executed, plus any loss sustained upon any plant or materials. Article 12. Miscellaneous 12.1 The OWNER and the CONTRACTOR each binds himself, his partners, successors, assigns, and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the Contract. 12.2 Public Records. The Owner is a public agency subject to Chapter 119, Florida Statutes. Contractor shall comply with Florida's Public Records Law. Specifically, Contractor shall: a. Keep and maintain public records required by the Owner to perform as described in this Contract. b. Upon request from the Owner's custodian of public records, provide the Owner with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if Contractor does not transfer the records to the Owner. d. Upon completion of the contract, transfer, at no cost, to the Owner all public records in possession of Contractor or keep and maintain public records required by the Owner to perform the service. If Contractor transfers all public records to the Owner upon completion of the contract, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Contractor keeps and maintains public records upon completion of the contract, Owner shall meet all 01467267-1 6 applicable requirements for retaining public records. All records stored electronically must be provided to the Owner, upon request from the Owner's custodian of public records, in a format that is compatible with the information technology systems of the Owner. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (561) 737-3256; 100 E. Ocean Avenue, 4t" Floor, Boynton Beach, Florida 33435; or Simon The Contractor also understands that Owner may disclose any document in connection with performance of the Work or this Contract, so long as the document is not exempt or confidential and exempt from public records requirements. 12.3 Legal Representation; Jointly Drafted. The Parties declare that the terms of this Contract have been read and are fully understood. The Parties understand that this is a binding legal document, and it is further acknowledged that each Party has been advised to seek legal representation concerning the matters herein and had the opportunity to be represented by counsel in the preparation of this Contract. Accordingly, the rule that a contract shall be interpreted strictly against the party preparing same shall not apply herein. This Contract 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. 12.4 Records. Contractor shall keep such records and accounts and require any and all subcontractors to keep records and accounts as may be necessary in order to record complete and correct entries as to personnel hours charged to this engagement, and any expenses for which Contractor expects to be reimbursed. Such books and records will be available at all reasonable times for examination and audit by Owner and shall be kept for a period of three (3) years after the completion of all work to be performed pursuant to this Contract. Incomplete or incorrect entries in such books and records will be grounds for disallowance by Owner of any fees or expenses based upon such entries. 12.5 Assignments; Amendments. Contractor shall not assign, transfer or otherwise encumber, under any circumstances, this Contractor any interests herein without the prior written consent of Owner. For purposes of this Contract, any change of ownership of Contractor shall constitute an assignment which requires Owner approval; otherwise, Owner may, at its option, terminate this Contract with no further liability. However, this Contract shall run to the Owner and its successors and assigns. It is further agreed that no modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed by all parties to this Contract. 12.6 No Contingent Fees. Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor to solicit or secure this Contract, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for Contractor any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Contract. For the breach or violation of this provision, the Owner shall have the right to terminate the Contract without 01467267-1 7 liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 12.7 Notice. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended and the remaining party, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present, the Contractor and the Owner designate the following as the respective places for giving of notice: Owner: Michael Simon, Executive Director Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue, 4t" Floor Boynton Beach, FL 33435 Telephone Number (561) 600-9091 Facsimile Number (561) 737-3258 Copy To: Lewis Longman & Walker, P.A. Tara Duhy, Esq. 515 North Flagler Drive Suite 1500 West Palm Beach, Florida 33401 Telephone Number (561) 640-0820 Contractor: Name: Address: Phone: Facsimile Number: 12.8 Binding Authority. Each person signing this Contract on behalf of either party individually warrants that he or she has full legal power and has been duly authorized to execute this Contract on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Contract. 12.9 Exhibits. Each Exhibit referred to in this Contract forms an essential part of this Contract. The exhibits if not physically attached should be treated as part of this Contract and are incorporated herein by reference. In the event of a conflict between the portion of this Contract above the signatures and an exhibit, the terms of the portion of the Contract above the signatures shall prevail. Contractor agrees to be bound by all terms and conditions found in the Invitation to Bid to Perform Landscape Maintenance Services on Properties Owned by the Boynton Beach Community Redevelopment Agency issued March 29, 2021 ("ITB") which is hereby incorporated herein. In the event of a conflict between the ITB and any other provision of this Contract, the other provisions of this Contract shall control. 12.10 Severability. If any provision of this Contract or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Contract, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid 01467267-1 8 or unenforceable, shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 12.11 Governing Law; Venue. This Contract 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 for conflict of law principles. Venue and jurisdiction for all purposes shall be in in Palm Beach County, Florida, to which the Parties expressly agree and submit. 12.12 Extent of Contract. This Contract represents the entire and integrated Contract between the Owner and the Contractor concerning the subject matter herein and supersedes all prior and contemporaneous negotiations, representations, understandings, or agreements, of any kind or nature, either written or oral. 12.13 Waiver. Failure of the Owner to insist upon strict performance of any provision or condition of this Contract, or to execute any right therein contained, shall not be constructed as a waiver or relinquishment for the future of any such provision, condition, or right, but the same shall remain in full force and effect. Owner may, in its sole and absolute discretion, waive any requirement of the Contractor contained in this Contract, but such waiver shall be deemed effective only if the waiver is in writing executed by all Parties. 12.14 Attorney's Fees. In the event that either party brings suit for enforcement of this Contract, the prevailing party shall be entitled to attorney's fees and court costs, including those at both the trial and appellate levels, in addition to any other remedy afforded by law. 12.15 Protection of Property. At all times during the performance of this Contract, the Contractor shall protect the Owner's property from all damage whatsoever related to the work being carried on under this Contract. 12.16 Counterparts and Transmission. To facilitate execution, this Contract 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. 12.17 No Discrimination. The Contractor shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Contract. 12.18 Survival. The provisions of this Contract regarding indemnification, waiver, insurance, records, public records, binding authority, shall survive the expiration or termination of this Contract and remain in full force and effect. 12.19 Effective Date and termination. This Contract will become effective at the date and time that the last party signs this Contract. Unless earlier terminated pursuant to this Contract, this Contract will 01467267-1 9 automatically terminate after receipt of Contractor's last invoice (which shall be dated no later than July 5, 2025) and payment by the Owner, or on July 15, 2025 whichever occurs later. Nothing in this paragraph shall be construed so as to affect the Owner's right to cancel or postpone the Work pursuant to this Contract. 12.20 Non-Scrutinized Company. Contractor hereby certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, and is not engaged in a boycott of Israel. If the BBCRA determines that this certification is falsified or contains false statements, or that Contractor is placed Scrutinized Companies that Boycott Israel List or engages in a boycott of Israel after the execution of the Contract, the BBCRA may terminate the Contract. 12.21 E-Verify. Contractor warrants for itself and its subcontractors that Contractor and all subcontractors are in compliance with all federal immigration laws and regulations that relate to their employees. The Contractor agrees and acknowledges that the BBCRA is a public employer that is subject to the E-verify requirements as set forth in Section 448.095, Florida Statutes, and that the provisions of F.S. Sec. 448.095 apply to this Contract. Notwithstanding any other provisions in this Agreement, if the BBCRA has a good faith belief that Contractor has knowingly hired, recruited or referred an alien who is not duly authorized to work by the immigration laws or the Attorney General of the United States for employment under this contract, the BBCRA shall terminate the contract. If the BBCRA that has a good faith belief that a subcontractor knowingly hired, recruited or referred an alien who is not duly authorized to work by the immigration laws or the Attorney General of the United States for employment under this Contract, the BBCRA shall promptly notify Contractor and order Contractor to immediately terminate the contract with the subcontractor. Contractor shall be liable for any additional costs incurred by the BBCRA as a result of the termination of a contract based on Contractor's failure to comply with E-verify requirements referenced herein. IN WITNESS WHEREOF the parties hereto have executed this Contract the day and year written below. OWNER: Boynton Beach Community Redevelopment Agency Steven B. Grant, Chairman Date: STATE OF FLORIDA ) COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this day of 20 by Steven B. Grant, as Chairman of the Boynton Beach Community Redevelopment Agency, who is personally known to me. NOTARY PUBLIC My Commission Expires: 01467267-1 10 CONTRACTOR: By: Print Name: Title: Date: STATE OF FLORIDA ) COUNTY OF ) BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared , as authorized to do business in the State of Florida, and acknowledged executed the foregoing Contract as the proper official of , for the use and purposes mentioned in it and that the instrument is the act and deed of that company. 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 20 NOTARY PUBLIC My Commission Expires: 01467267-1 1 1 1 I, B E AC H C R A COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: June 8, 2021 FUTURE AGENDA ITEMS AGENDAITEM: 17.D. SUBJECT: MLK Jr. Boulevard Corridor Commercial Redevelopment and Affordable Multi-Family Rental Apartment Project Update SUMMARY: Since approval of the Purchase and Development Agreement in September 2019 with Centennial Management Corp (CMC) for certain properties on Martin Luther King Jr. Boulevard, the following activities have occurred: • November 2019: CMC submitted its formal application to the Florida Housing Finance Corporation's 9% Low Income Housing Tax Credit Funding Program. • January 2020: CMC's application and the MLK Jr. Boulevard Corridor Redevelopment Project drew the #1 lottery position to receive a funding award. • April 14, 2020: CMC's funding application received final award approval from the Florida Housing Finance Corporation. • May 6, 2020: CRA staff and CMC staff met via video conferencing to discuss next steps and their 4/29/20 site plan items. • June 3, 2020: Further discussion between CRA staff and CMC concerning the development of the Project's design, the residential/commercial components, financial structure and items to be presented to the CRA Board at their June 9, 2020 meeting. • July-August 2020: Discussion between CMC and City staff concerning their site plan. • September 2020: CMC's formal site plan application has been submitted for review. • October 27, 2020: Project site plan appeared before the City's Planning & Development Board • November 4, 2020: The North and South Project Site Plan Applications were approved by the City Commission (see Attachments I & 11). • March 9, 2021: CMC progress update to be given to CRA Board. Under Section 20 of the Purchase & Development Agreement between the CRA and Centennial Management Corp. (CMC), the Seller and Purchaser may enter into a separate agreement establishing terms and conditions under which Seller may provide additional funding to Purchaser for costs associated with construction, operation and maintenance of the Commercial Component of the Project (see Attachment 111). CRA staff and CMC have begun to formulate the terms and conditions of the Commercial Component Agreement to be presented to the CRA Board for consideration and approval at a future meeting. FISCAL IMPACT: Fiscal Year 2019-2020 Budget; Project Fund Line Item 02-58200-406 - Local Government Match Contribution $626,000 CRA P LAN/P ROJ ECT/P ROG RAM: 2016 Boynton Beach CRA Community Redevelopment Plan CRA BOARD OPTIONS: No action is required unless otherwise determined by the CRA Board. ATTACHMENTS: Description