AGENDA TOWNOFI MANGONIAI PARK TOWN COUNCIL MEETING OCTOBER 15,2024 6:00 P.M.  WILLIAM H. ALBURY,II  SARITA C.JOHNSON VICE MAYOR  MAYOR  KELISHA BUCHANAN-WEBB COUNCIL MEMBER  LISA DAVIS-QUINCE COUNCIL MEMBER PUBLICIN ATTENDANCE  CLARENCE R. MCCONNELL COUNCIL MEMBER  1. ROLL CALL, INVOCATION AND PLEDGE OF ALLEGIANCE  2. APPROVAL OF MINUTES 3. AGENDA APPROVAL  A. Additions, deletions, and/or substitutions B. Approval oft the. Agenda the Town Council.  C. Consent Agenda: All items marked with an asterisk (*) are considered routine and will be adopted by one: motion unless removed by a member of  4. PROCLAMATIONS AND PRESENTATIONS 5. PALM BEACH COUNTY LEAGUE OF CITIES 6. ORDINANCES AND RESOLUTIONS  A. Resolution No. 2024-09. - Declaring Surplus Property for Sale.  7. MISCELLANEOUS BUSINESS  A. Consideration for the Approval of] Preliminary Site Plan Application No. (SR) 2024-03, ND Flex Partner, LP, Located on the northeast corner ofw. Tiffany Drive and E. Tiffany Drive, Central Park] Lt 14, PCN: 44-43-43-05-23-000- B. Consideration for the Renewal of an Agreement Between the Town of Mangonia Park and Chen Moore and Associates, Retroactively From  0140, Mangonia Park, FL 33407.    September 30, 2024 through September 30, 2025 as the rates set forth in C. Discussion on the Approval ofan Agreement Between the Town ofN Mangonia Park and Chen Moore & Associates to Conduct a Finding ofl Necessity Report (Community Redevelopment, Agency (CRA) in an Amount not to Exceed $60,000.00.  Exhibit "A" for Planning Services.  8. PUBLICCOMMENT 9. REPORTS  A. Administration Town Manager Kenneth L. Metcalf B. PBSO - Capt. Rodney Thomas, District II Commander C.I Legal - Amity Bernard, Esquire, Davis Law Team  10. COUNCIL COMMENTS  1. Council Member Kelisha Buchanan-Webb 2. Council Member Lisa Davis-Quince 3. Council Member Clarence R. McConnell 4. Vice Mayor Sarita C. Johnson 5. Mayor William H. Albury, III  11. ADJOURNMENT  NOTE: Any person who decides tos appeal: any decision oft the" Town Council with respect to: any matter considered: att this meeting willn need to ensurc that av verbatim record oft the proceedings is made, which record includes the testimony andi upons which IN ACCORDANCE WITH THE PROVISIONS OF THE AMERICANS DISABILITIES ACT (ADA), THIS DOCUMENT CAN BE MADE AVAILABLE IN AN ALTERNATIVE FORMAT (LARGE PRINT) UPON REQUEST AND SPFCIAL ADVANCENOTICE. ORHEAHINCAISISTANCE IFANYI PERSON WISHESTOUSEAHEARINGDEYICE,PLEASE  the appeali ist tob bet based. The" Town of Mangonia Park does nol! provide this service.  CONTACTTIETOWN. CLERK PRIOR TOANY MEETING INT THETOWN! HALL    LOA  RESOLUTION NO. 2024-09  A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MANGONIA PARK, FLORIDA, DECLARING CERTAIN TOWN OWNED REAL PROPERTY TO BE SURPLUS AND NO LONGER NEEDED FOR TOWN PURPOSES IN ACCORDANCE WITH SEC. 2-23 OF THE TOWN CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE; AND FOR WHEREAS, the Town currently owns 0.11t acres of real property located on West WHEREAS, the Town Council has determined that it is in the Town's best interest to WHEREAS, Sec. 2-23 of the Town Code of Ordinances requires the Town Council to declare by resolution that such property is no longer needed for Town purposes prior to selling  OTHER PURPOSES.  Court, which is more particularly described herein; and  sell said property as iti is no longer needed for Town purposes; and  same.  NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE Section 1: The Town Council of the Town of Mangonia Park, Florida, hereby A PORTION OF 50TH STREET, AS DEEDED IN ORB 3830, PAGE 723, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 24, WESTERN HEIGHTS, AN UNRECORDED SUBDIVISION, THENCE NORTH 89 DEGREES, 24 MINUTES AND 01 SECOND WEST ALONG THE NORTH LINE OF LOTS 24 THROUGH 28, SAID WESTERN HEIGHTS FOR A DISTANCE OF 268.69 FEET TO THE NORTHWEST CORNER OF LOT 28, SAID WESTERN HEIGHTS; THENCE NORTH 53 DEGREES, 44 MINUTES AND 20 SECONDS WEST LEAVING SAID NORTH LINE AND ALONG THE NORTHEASTERLY RIGHT-OF-WAY OF THE CSX RAILROAD FOR. A DISTANCE OF 45.03 FEET TO THE SOUTHWEST CORNER OF LOT 1, SAID WESTERN HEIGHTS; THENCE SOUTH 89 DEGREES, 24 MINUTES AND 01 SECOND EAST LEAVING SAID RIGHT-OF-WAY AND ALONG THE SOUTH LINE OF LOTS 1 THROUGH 5, SAID WESTERN HEIGHTS, FOR A DISTANCE OF 305.28 FEET TO THE SOUTHEAST CORNER OF LOT 5, SAID WESTERN HEIGHTS; THENCE SOUTH 00 DEGREES, 35 MINUTES AND 59 SECONDS WEST LEAVING SAID SOUTH LINE 26.25  TOWN OF MANGONIA PARK, FLORIDA AS FOLLOWS:  declares the Town owned property:  FEETTOTHE POINT OF BEGINNING. CONTAINING 7,533 SQUARE FEET,    to be surplus and nol longer needed for Town purposes.  Section 2: The Town Council of the Town of Mangonia Park, Florida, hereby authorizes and directs the Town Manager to all things necessary and appropriate to sell said property. Section 3: This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 15th day of October, 2024.  TOWN OF MANGONIA PARK  WILLIAM H. ALBURY,III, MAYOR  ATTEST:  (TOWN SEAL)  Sherry Albury, Town Clerk    Request for Land Purchase Proposals  The Town Council oft the Town of Mangonia Park, Florida is advertising to accept proposals on the 7,533 square-foot parcel located west of the terminus of 50th Street beginning September 6, 2024. The legal description and sketch of the Town-owned parcel are immediately below: A PORTION OF 50TH STREET, AS DEEDED IN ORB 3830, PAGE 723, OF THE PUBLIC RECORDS OFI PALM: BEACHO COUNTY,FLORIDA. AND: BEING MORE PARTICULARLY BEGINNING AT THE NORTHEAST CORNER OF LOT 24, WESTERN HEIGHTS, AN UNRECORDED SUBDIVISION, THENCE NORTH 89 DEGREES, 24 MINUTES AND 01 SECOND WEST. ALONG THEI NORTH LINE OF LOTS 24 THROUGH 28, SAID WESTERN HEIGHTS FOR A DISTANCE OF 268.69 FEET TO THE NORTHWEST CORNER OF LOT 28, SAID WESTERN HEIGHTS; THENCE NORTH 53 DEGREES, 44 MINUTES AND 20 SECONDS WEST LEAVING SAID NORTH LINE AND ALONG THE NORTHEASTERLY RIGHT-OF-WAY OF THE CSX RAILROAD FOR A DISTANCE OF 45.03 FEET TO THE SOUTHWEST CORNER OF LOT 1, SAID WESTERN HEIGHTS; THENCE SOUTH 89 DEGREES, 24 MINUTES AND 01 SECOND EAST LEAVING SAID RIGHT-OF-WAY AND ALONGTHE SOUTH LINE OF LOTS 17 THROUGH 5, SAID WESTERN HEIGHTS, FORA A DISTANCE OF 305.28 FEET TO1 THE SOUTHEAST CORNER OF LOT 5, SAID WESTERN HEIGHTS; THENCE SOUTH 00 DEGREES, 35 MINUTES AND 59 SECONDS WEST LEAVING SAID SOUTH LINE: 26.25 FEETTOTHE POINT OF BEGINNING.  DESCRIBED AS FOLLOWS:  CONTAINING7,533 SQUARE FEET.  Lor2 CENIERLPES 202 HIDER RGH-OFWAY SOTHSTREET ORB3B3AA PAGET SVEK APXAEPEVEMAPAE: 124V1W26 Lor?7  L073  LOT4  Lof6  SOUTIMESICOMMER vor  SOUIHEAST CORNER Lars  2629 SOhSTREET WDERGHTOFAY ORRZABPAGEI  MORTAMEST A   Lor26  Lor25  10T24    All proposals for purchase should be signed and notarized with the offered amount, the intended permitted use, and verification that the 7,533 square-foot parcel, which alone is noncontorming, can bei incorporated into a contiguously owned parcel(s) for development or redevelopment. All proposals must be received in the Town Clerk's Office no later than October 4, 2024 at 4:00 pm EST. A decision is anticipated to be made at the October 15, 2024 Town Council meeting. Proposals shall be mailed in hard copy via U.S. mail to: Town ofMangonia Park, clo Town Clerk Sherry Albury, 17551 East Tiffany Drive, Mangonia Park, FL33407 and provided electronically: in  identical form to: alburyQtompl.com, PUBLISH DATE: September 6, 2024    Vacant Land Contract  1*1. Sale and Purchase ("Contract"): Town of Mangonia Park ("Seller") and Alan Sperlingor his assigns Legal Description: See attached Exhibit A.  2 3 4 8 9 10 11 12 13 15 16 17 18 20 21 22 23 24 26 26 27 28 29 30 31 32 33 34 35 36 37 39 40 41 42 44 45 46 47 48 49. 50 52  ("Buyer") (the' parlies") agree to sell and buy on thet terms and conditions speclfied below the property ("Properly")  described as: Address:  SEC. /WP. /RNG of  County, Florida. Real Property IDI No.:  including all improvements existing on the Praperly and the. following additional property:. Allo deposits willl be made payable to' "Esorow Agen!" named below and held ine escrow by: Escrow Agent's Name: Counselors Title Co, LLÇ Escrow Account Escrow Agent's Contact Person: DaMdC-TassallEs., Escrow Agent's Address: 941NA1A, Jupiter,FL 33477 Escrow. Agent's Phone: (561)747-7300 (a)! Initial deposit ($0 If left blank) (Check if applicable) accompanies offer after Effective Date within Jwithin (d) Other:  14 2. Purchase Price: (U.S. currency)  $.  105,000.00  Escrow Agent's Email: dctassell@kempelaw.comlrodgersekempelaw.com will be delivered to Escrow Agent within 5 days (3 days Ifl left blank) (b) Additional deposit willl be delivered to Escrow Agent (Check If applicable) (c) Total Financing (see Paragraph 6) (express as a dollar amount or percentage).. (e) Balance to close (noti including Buyer's çlosing costs, prépaid items, and prorations) tol be paid at closing by wire transfer or other Collected funds. () (Complete onlyi if purchase price willl be determined based on a per unit costi instead of a fixed price.) The unit used to determine the purchase price isJlotJacre! Osquare foot! DJother (specify):. prorating areas of less than at full unit. The purchase price will be $. calculation of total area of the Property as certified to Seller and Buyer by al Floridal licensed: surveyor in accordance with Paragraph 8(c). The following rights of way and other areas willl be excluded from the 38 3. Time for Acceptance; Effective Date: Unless this offer is signed by Seller and Buyer and an executed copy delivered to all parties on or before October 18, 2024 this offer will be withdrawn and Buyer's depasit, if any, will be retumed. The time for acceptance of any counter-offer will be 3 days after the date the counter-offer is delivered, The' "Effective Date" of this Contract is the date on which the last one of the Seller and Buyer extended by other provisions of this Contract. The Closing Date will prevail over all other time periods including, but not! limited to, Financing and Due Dillgence periods, Howeyer, ift the Closing Date occurs on a Saturday, Sunday, or national legal holiday, It wille extend to 5;00 p.m. (where the Property is located) of the next business day. In the eventi insurance underwriting is suspended on Closing! Date and Buyeri is unable to obtain property insurance, Buyer may postpone closing for up to 5 days after the Insurance underwriting suspensioni is lifted. If this transaction does not close fora any reason, Buyer willi immediately return all Seller provided documents and 51 5. Extension of Closing Date: IF Paragraph 6(b). is checked and Closing Funds from Buyer's lender(s) are not avallable on Closing Date due to Consumer Financial Protection Bureau Closing Disclosure delivery requirements Buyer 5 and Seller(. X )acknowledge roceipt ofac copy oft this page, whichi is 1of 8 pages.  $. $. $ $ $  25,000.00  days (10 days ifle left blank) after Effective Dale days (3 days ifleft blank) after expiration of Due Diligence Period.  80,000.00  per unith based on a  calculation:  has signed or initialed and delivered this offer or the final counter-offer.  43 *4. Closing Date: This transaction wil close on  November 8. 2024  ("Closing Date"), unless specifically  other items.  VAC 14xx Rev7 7/23 Davidc TAMayC.MINAIA.wPir FL33477 DavidcTuseil  @2023 Floridal Reallors Spirlags Second  Phone: 5617477300  Fex:  Producedwithl Lonov Woll Trangactiona (aipFommE Ednlon)7 7171 NHarwpod sLS Suita 2200, Dalies, TX 75201 misktoam    53 54 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 94 96 97 98 99 100 101 102 103 104 105 106. 107 108  ("CFPB Requirements), if applicable, then Closing Date shall be extended for such period necessary to satisfy  CFPB Requirements, provided such period shall note exceed 10 days. (a) XBuyer wll pay cash for thet Property with no financing contingency,  55 6. Financing: (Check as applicable)  (b) This Contracti is contingent on Buyer qualifying for and obtaining the commitment(s) or approval(s) Date, whichever occurs first, il left blank) ("Financing Period"). Buyer will apply for Financing within days after Effective Date (5 days ifl left blank) and will timely provide any and all credit, employment, financial, and other information required by the lender. If Buyer, after using diligence and good faith, cannot obtain the Financing within the Financing Period, elther parly may terminate this Contract and Buyer's deposit(s) wil be (10 New Financing: Buyer wil sécure a commitment for new third party financing for $.  specified below ("Financing") wwithin  days after Effective Date (Closing Date or 30 days after Effective  returned, or  %oft the purchase price at (Check one)Dat fixed rate not exceeding.  %an  adjustable Interest rate not exceeding. disclose all such information to Seller and Broker,  % at origination (af fixed rate at1 the prevailing Interest rate  based on Buyer's creditworthiness ifr neither choice is selected). Buyer will keep Seller and Broker fully informed of thel loan application status and progrèss and authorizes the lender or mortgage broker to (2) Seller Financing: Buyer will execute al [first[Jsecond purchase money note and mortgage to The mortgage, note, and anys security agreement willl be in at form acceptable to Seller and willf follow forms generally accepted ini the counly where the Property is located; will provide for a late payment fee and acceleration at the mortgagee's option if Buyer defaults; wil give Buyer thet right to prepay without penally all or part of the principal at any time(s) withi interest only to date of payment; willl be due on conveyance or sale; will provide for release of contiguous parçels, ifa applicable; and will require Buyert to keep liability insurance on the Properly, with Seller as additional named insured. Buyer authorizes Seller to obtain credit, employment, 'and other necessary information to determine creditworthiness for the financing, Seller will, within 10 days after Effective Date, give Buyer written notice ofv whether or not Seller (3) Mortgage Assumption; Buyêr wili take tille subject to and assume and pay existing first mortgage to  Selleri int the amount of$  bearing annual interest at  % and payable as follows:  will make the loan. LN# $ fixed DJother (describe) interest rate of.  int the approximate amount of$  currently payable at  per month, including principal, interest, taxes and insurance, and havinga. % which! Dwill will not escalate upon assumption. Any variance in ther mortgage  will be adjusted in the balance due at closing with no adjustment to purchase price. Buyer will purchase Seller's escrow account dollar for dollar, Ift the Interest rate upon transfer exceeds which this Contract will terminate; and Buyer's deposit(s) willl be retumed. Ift the lender disapproves Buyer, this Contract will terminate; and Buyer's deposit(s) willl be returned. 93 *7. Assignability: (Check one) Buyer[may assign and thereby be released from any further liability under this Contract, Xmay assign but not bei released from liability under this Contract, or Omay not assign this Contract. 95 *8. Title: Seller has the legal capacity to andy will convey marketable title to the Property by[statuloryy warranly and. encumbrances of record or known to Seller, but subject to property taxes for the year of closing; covenants, restrictions, and public utility easements of record; existing zoning and govemmental regulations; and (list any (a) Titie Evidence: The party who pays for the owner's title insurance policy will select the closing agent and pay fort the title search, including tax and lien search (including municipal lien search) if performed, and all other  %ort the  assumption/transler. fee exceeds $.  either party may elect to pay the excess, failing,  deedspecial warranty deed DJother (gpecify). other matters to which title willl be subject). provided there exists at closing no violation of the foregoing. fees charged by closing agent, Seller will dellver to Buyer, at (Check one)! Seller's Buyer's expense and  free of liens, easements,  (Check one)! Xwithin (Check one)  days after Effective Date! Dat! least 10 - days before Closing Date,  (1) Xat title Insurance commitment by al Florida licensed title insurer setting forth those matters to be discharged by Seller at ar before closing and, upon Buyer recording the deed, an owner's policy in the  Buyer5 and Seller( - X )a acknowledge receipt ofac copy oft this page, whichi le2of8p pages.  VAG-14xx Rev? 7/23  02023 Floridal Reaftorse SperlingBecoad  Producedwithl. Lona WaT Transactions (xipFomm Edkion)7 717N NHarwod St, Suita? 2200, Dalias, rx 75201 W.hmpll.com    109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164  amount of the purchase price for fee simple title subject only to the exceptions stated above. If Buyer is paying for the owner's title insurarice policy and Seller has an owner's policy, Seller will deliver a copy to (2) Dan abstract of title, prepared or brought current by an existing abstract firm or certified as correct by an existing firm. However, ifs such an abstract is not available to Seller, then a prior owner's title policy acceptable to the praposedi insurer as at base forr reissuance of çoverage may be used. The prior policy will include copies of all policy exceptions and an update in a format acceptable to Buyer from the palicy effective date and certified to Buyer or Buyer's closing agent together with çopies ofe all documents recited int the prior policy and int the update. Ifs such an abstract or prior policy is not avallable to Seller, no later than Closing Date, deliver written notice to! Seller of title defects, Title will be deemed acceptable to Buyer if () Buyer fails to deliver proper notice of defects or (I) Buyer delivers proper written notice and Seller defects are cured within the Cure Perlod, closing will occur within 10 days after receipt! by Buyer of notice of such cure. Seller may elect not to cure defects ifs Seller reasonably! believes any defect cannot be cured within the Cure Period. Ift the defects are not cured within the Cure Perlod, Buyer willl have 10 days after receipt of notiçe of Seller's inability to curet the defects to elect whether to terminate this Contract or accept title subject to existing defects and close thet transaction without reduction in purchase price. (c) Survey; Buyer may, at Buyer's expense, have the Property surveyed and must deliver written notice to Seller, within 5 days afler receiving survey butr not! later than 5 days before Closing Date, of any encroachments on the Property, encroachments byt the Property's improvements on other lands, or deed restriction or zoning violations, Any such encroachment or violation will be treated in the same manner as a title defect and Selier's and Buyer's obligations willl be determined in açcordance with Paragraph a(b). (d) Ingress and Egress: Seller warranis that the Property presently hasi ingress and egress. 134 9. Property Condition: Seller will deliver the Property to Buyer at closingi In its present "as Is" condition, with conditions resulting from Buyer's Inspections and casualty damage, ifa any, excepted. Seller willl note engage in or permit any activity that would materially alter the Property's condition without the Buyer's prior written consent. (1) XDue Diligence Period: Buyerwill, atl Buyer's expense and within 20 days (30 days ifl left blank) ("Due Diligence Period") after Effective Date and in Buyer's sole and absolute discretion, determine whether the Property is suitable for Buyer's intended use. During the Due Diligence Period, Buyer may conduct al Phase 1 environmental assessment and any other tests, analyses, surveys, andi investigations ('inspections") that Buyer deems neçessary' to determine to Buyer's satisfaction the Properly's engineering, architectural, and environmental properties; zoning and: zoning restrictions; subdivision statutes; soil and grade; avaitability of access to public roads, water, and other utilities; consistency with local, state, and regional growth management plans; availability of permits, government approvals, and licenses; and otheri inspections that Buyer deems appropriate. Ift the Property must be rezoned, Buyer wil obtain the rezoning from the appropriate government agencles. Seller will sign all documents Buyeri is required toi file in connection with development or rezoning approvals. Seller gives Buyer, its agents, contractors, and assigns, the right to enter the Property at anyt time duringt the Duel Diligence Period fort the purpose of conducting Inspections, provided, however, that Buyer, its agents, contractors, and assigns enter thel Property and conduct Inspections at their own risk, Buyer will indemnify and hold Seller harmless from losses, damages, costs, claims, ande expenses of any nature, including attorneys' fees, expenses, and liability incurred In application for rezoning or related proceedings, and from liabiity to any person, arising from the conduct of any and all Inspections or any work authorized by Buyer, Buyer will note engage in any activity that could result ina a construction lien beingf filed against the Property without Seller's prior written consent. Ifthis transaction does not close, Buyer will, at Buyer's expense, (i) repair all damages tot the Property resulting from the Inspections and retum the Property to the condition Ity was in before conducting the Inspections and (i) release to Seller all reports and other work generated as a Before expiration of the Due Diligence Period, Buyer must deliver written notice to Seller of Buyer's determination of whether or not the! Property is acceptable. Buyer's failure to comply with this notice requirement will constitute acceptance of the Property as suitable for Buyer's Intended use In its" "as is" condition. If the Property Is unacceptable to Buyer and written notice of this fact is timely delivered to Seller, this Contract willl be deemed terminated, and Buyer's deposit(s) willl be retumed. Producedy withl Lonev WolfT Transactions (aipFomm! Edilan)? 7171 RHawoods S1, Sule? 2200, Dalas, TX 75201 wwW.MlLgon  Buyer within 15 days after Eltective Date.  then (1) above willl be the title evidence.  (b) Title Examination: After receipt of thet tille evidençe, Buyer will, within  days (10 days ifl left blank) but  cures the defects within  days (30 days ifleft blank) ("Cure Period") after receipt of the notice. Ifthe  (a) Inspections: (Check (1) or (2))  resuit of the Inspections.  Buer25 and Seller( (. ) )acknowledge receipt ofac copy oft this page, whichis3of8 8p pages.  VAC-14xx Rev7/23  02023 Floridal Realtorse SperlgSecand    165 166 167 168 159 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 * 217 218 219 220 221  (2) ONol Due Diligence Period: Buyer is satisfied that the Property is suitable for Buyer's purposes, including being satisfied that either public sewerage and water are available to the Property ort the Property will be approved fort the installation of a well andlor private sewerage disposal system and that existing zoning and other pertinent regulations and restrictions, such as subdivision or deed restrictions, concurrency, growth management, ande environmental conditions, are acceptable tol Buyer. This Contract (b) Government Regulatlons: Changes in government regulations and levels of service which affect Buyer's intended use of the Property will not! be grounds fort terminating this Contract if the! Due Diligence Period has (c) Flood Zone: Buyer is advised to verify! by survey, with the lender, and with appropriate govemment agencies which flood: zone the Properly is in, whether flood insurance Is required, and what restrictions apply to (d) Coastal Construction Control Line ("CCCL"): If any part of thel Properly lles seaward of the CCCLES defined in Section 161.053, Florida Statutes, Seller will provide Buyer with an affidavit or survey as required by! law delineating thel line's! location on the Properly, unless Buyer waives this requirement Iny wlling. The Property being purchased may bes subject to coastal erosion and to federal, state, or local regulations that govern coastal property, including delineation oft the CCCL, rigid coastal protection structures, beach nourishment, and the protection of marine turtles. Additional information can be obtained from thel Florida Department of Environmental Protection, including whether there are: significant erosion conditlons associated 186 10. Closing Procedure; Costs: Closing will take place In the county where the Property is located and may! be conducted by mail or electronic means. Ift title insurance insures Buyer for title defects arising between the title binder effective date andi recording of Buyer's deed, closing agent will disburse at closing the net sale proceeds to Seller (in! local cashier's check if Seller requests In writing atl least 5 days before closing) and brokerage fees to Broker as per Paragraph 21. In addition to other expenses provided in this Contract, Seller and Buyer wil pay the  is not contingent on Buyer conducting any further Investigations.  expired or if Paragraph 9(a)(2) is selected.  improving the Property and rebuilding in the event of casualty.  with the shorel line of the Property being purchased. Buyer waives the right to receive a CCCL affidavit or survey.  costs indicated below. (a) Seller Costs: Taxes on deed Estoppel Fee(s) Other: (b) Buyer Costs: Loan expenses Inspections Survey Insurance Other:  Reçording fees for documents needed to cure title Title evidence (ifa applicable under Paragraph 8) Taxes and recording fees on notes and mortgages Recording fees on the deed and financing statements Title evidence (if applicable under Paragraph 8) Lender's title policy at the simultaneous issue rate  (c) Prorations: The following items willl be made current and prorated as of the day before Closing Date: real estate taxes (including special benefit taxl llens imposed bya a CDD), interest, bonds, assessments, leases, and other Properly expenses andi revenues. Iftaxes and assessments fort the current year cannot be determined, (d) Special Assessment by Public Body: Regarding speclal assessments imposed by a public body, Seller will pay () the full amount ofl lienst that are certified, confirmed, and ratified before closing and () the amount oft the last estimate of the assessment if an improvement is substantially completed as of Effective Date but! has not resultedi in al lien before closing; and Buyer will pay all other amounts. ifspecial assessments may be paid in installments, Seller OBuyer (Buyer Ifleft blank) wil pay installments due after closing. Ifs Selleri is checked, Seller will pay the assessment int full before or at the time of closing. Public! body does not include a (e) PROPERTY TAXI DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT BUYER MAY BE OBLIGATED TO PAYI IN THE YEAR: SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP ORI PROPERTY  the previous year's rates willl be used with adjustment for any exemptions.  Homeowners' or Condominium Association.  Buyer R and Seller( ) acknowledge receipt ofac copy oft this page, whichis4o of8p pages.  VAC-14xx Rev7/23  02023 Florida Realtorse Sperliag Socond  Prodycedy withl Lonev Wollt Transsctions (ipfomEdilon)? 7171 NHarwoods SI, Suile 2200, Dales, TX 75201 wwwiiren    222 223 224 225 226 227 228 229 230 231 232 234 235 236 237 238 239 241 242 243 244 245 247 248 249 250 251 252 253 254 256 257 258 259 260 262 263 264 265 266 267 268 269 270 271 272 274 275 276  IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULDI RESULTI INI HIGHER PROPERIYTAXES. IF YOUHAVE, ANY QUESTIONS CONCERNING VALUATION, CONTACTTHE COUNTY PROPERTY, APPRAISER'S OFFICEI FOR FURTHER INFORMATION. () Forelgn Investment in Real Property" Tax Act( ("FIRPTA"): IfSeller is a "foreign person" as defined by FIRPTA, Seller and Buyer will comply with FIRPTA, which may require Seller to provide additional cash at (g) 1031 Exchange: Ife either Seller or Buyer wish to enter into al like-kind exchange (either simultaneously with closing or after) under Section 1031 oft the Internal Revenue Code ("Exchange"), the other party will cooperate in all reasonable respects to effectuate the Exchange including executing documents, provided, however, that the cooperating party willl incur no liability or cost related to the Exchange and that the closing will not! be 233 11. Computation of Time: Calendar days willl be used when computing time periods, except time periods of 5 days orl less. Time periods of 5 days or less willl be computed without including Saturday, Sunday, or national legal holidays specified in 5U.S.C. 6103(a). Olher than time for acceplance and Effective Date as set forthi inl Paragraph 3, any time periods provided for or dates specifiedi in this Contract, whether preprinted, handwritten, typewritten or inserted. herein, which shall end or occur on a Saturday, Sunday, or national legal holiday (see 5 U.S.C.6 6103) shail extend until 5:00 p.m. (where the Property is located) of the next businéss day. Time Is of the essence in 240 12. Risk ofl Loss; Eminent Domain: If any portion of the Property is materially damaged by casually before closing or Seller negotiates with a governmental authority tot transfer all or part oft the Property in! lieu ofe eminent domain proceedings or an eminent domain proceeding is initlated, Seller will promptly inform Buyer. Either partyr may terminate this Contract by written notice to the other within 10 days after Buyer's receipt of Seller's notifiçation, and Buyer's deposit(s) will ber returned, failing which Buyer will close in accordance with this Contract and receive 246. 13. Force Majeure: Seller or Buyer will not be required to perform any obligation under this Contract or be liable to gach other for damages so long as the performance or non-performance of the obligation is delayed, caused, or prevented by an act of God or force majeure. An' "act of God or' "force majeure" is defined as hurricanes, earthquakes, floods, fire, unusual transportation delays, wars, insurrections, and any other cause not reasonably within the control of Seller or Buyer and which byt the exercise of due diligence ther non-performing party is unable Inv whole ori in part to prevent or overçome, Allt time periods, including Closing Date, willl be extendedi for the period that the act. of God or force majeure is inj place, However, in the event that such act of God or force majeure event continues beyond 30 days, either party may terminate this Contract by delivering written notice. to the other; and electronic means. Buyer's fallure to imely dellver written notice to Seller, when such notice is required! by this Contract, regarding any contingency will render that contingency null and void, and this Contract will be construed: as if the contingency did note exist. Any notice, document, or Item delivered ta or received by an attorney or licensee (including at transactions broker) representing a party will be as effective as if 261 15. Complete Agreement; Persons Bound: This Contracti is the entire agreement between Seller and Buyer. Except for brokerage agreements, no prior or present agreements willl bind Seller, Buyer, or Broker unless incorporated! into this Contract. Modifications of this Contract will not be binding unless in writing, signed or initialed, and delivered byt the parly to be bound. Electronic: signatures will be acceptable and binding, This Contract, signatures, inftials, documents referenced In this Contract, counterparts, and written modifiçations communicated electronically or on paperwilll be acceptable for all purposes, including delivery, andy willl be! binding. Handwritlen ort typewritten terms inserted in or attached to this Contract prevail over preprinted tems. Ifany provision oft this Contract Is or becomes Invalid or unenforceable, all remaining provisions will continue tol be fully effective. Selfer and Buyer will use diligence and good faith in performing all obligations under this Contract. This Contract wili not be recorded In any public record. The terms' "Seller," "Buyer," and' "Broker" may bes singular or plural. This Contract is binding on thel heirs, administrators, executors, personal representatives, and assigns, if 273 16. Default andi Dispute Resolution: This Contract will be construed under Floridal law. This Paragraph wil survive (a) Seller Default: If Seller fails, neglects, or refuses to perform Seller's obligations under this Contract, Buyer may elect to receive a return of Buyer's deposit(s) without thereby waiving any action for damages resulting  closing.  contingent upan, extended, or delayed byt tho Exchange,  this Contract,  all payments made byt the governmental authority or insurance company, #f any.  Buyer's deposit(s) willl be returned.  255 14. Notices: All notices will bei in writing and delivered tot thep parties and Broker by mail, personal delivery, or  delivered to or received- by that party.  permitted, of Seller, Buyer, and Broker, closing or termination of this Contract.  Buyer (45) ands Seler(. X )acknowledge recelpt ofac copy oft this page, whichis5of8p pages.  VAC-14xx Rev7 7/23  02023 Florida Reellorse SperilngSceend  Producedy witht Lone Wd!T Transectionsf (xipFonnE Edition)? 717NHarwood! SI, Suite2 2200, Dolas, 1X 75201 ww.wallcom    277 278 279 280 281 282 283 284 286 287 289 290 291 292 293 294 295 296 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 318 319 320 321 323 324 325 326 327 328  from Seller's breach and may seek to recover such damages or seek specific performance. Seller will also be (b) Buyer Default: IfE Buyer fails, neglects, or refuses to perform Buyer's obligations under this Contract, including payment of deposit(s), within thet time(s) specified, Seller may elect to reçover and retain the deposit(s), paid and agreed to be paid, for the account of Seller as agreed upon! liquidated damages, conslderation for execution of this Contract, andi int full settlement of any clalms, whereupon Seller and Buyer willl be relieved. from all further obligations under thls Contract; or Seller, at Seller's option, may proceed in recover from the non-prevalling party costs and fees, including reasonable attorney's fees, Incurredi In conducting "Agent") to receive, deposit, and hold funds and other items in escrow and, subject to Collection, disburse them upon proper authorization andi in accordance with Florida law andi the terms of this Contract, including disbursing brokerage foes. "Collection" or "Collected" means any checks tendered or received have become actually and Anally collected and deposited in the account of Agent." The parties agree that Agent will not be liable to any person for misdelivery of escrowed items to Seller or Buyer, unless ther misdelivery) is due to Agent's willful breach oft this Contract or gross negligence. IfA Agent interpleads the subject matter of the escrow, Agent will payt the filing fees and costs from the deposit and will recover reasonable attorneys' fees and costs to be paid from the escrowed funds or equivalent and charged and awarded as court costs int favor of the prevailing party. 297 19. Professional Advice; Broker Liability: Broker advises Seller and! Buyer to verify all facts and! representations that are important to them and! to consult an appropriate professional for legal advice (for example, interpreting this Contract, determining the effect of laws on thel Properly and this transaction, status oft title, foreign investor reporting requirements, the effect of property lying partially or totally seaward of the CCCL, etc.) and for tax, property condition, environmental, and other speciallzed advice. Buyer acknowledges that all representations (oral, written, or otherwise) by Broker are based on Selfer representations or publicr records. Buyer agrees to rely solely on Seller, professional inspectors, and government agencies for verification of the Property condition andi facts that materially affect Property value. Seller and Buyer respectivelyy will pay all costs and expenses, including reasonable attomeys' fees at all levels, incurred by Broker and Broker's officers, directors, agents, and employees in connection with or arising from Seller's or Buyer's misstatement or failure to perform contractual obligations. Seller and Buyer hold harmless and release Brokèr and Broker's offiçers, directors, agents, and employees from all liability for loss or damage based on () Seller's or Buyer's misstatement or fallure to perform contractual obligations; (i) the use or display of listing data by third partles, including, but notl limited to, photographs, images, graphics, video recordings, virtual tours, drawings, written descriptions, and remarks related to the Property; (I) Broker's performance, at Seller's or Buyer's request, of any task beyond the scope of services regulated by Chapter 475, Florida Statutes, as amended, including Broker's referral, recommendation, or reténtion of any vendor; (iv) products or services provided by any vendor; and (v) expenses incurred by any vendor. Seller and Buyer each assume full responsibility for selecting and compensating their respective vendors. This Paragraph will not relleve Broker of stalutory obligations. For purposes of this Paragraph, Broker will be 317 20. Commercial Real Estate Sales Commission Lien Act: Ift the Property Is commercial reale estate as detined by Section 475.701, Florida Stalutes, thet following disclosure will apply: The Florida Commercial Real Estate Sales Commission Lien Act provides that when al broker has eamed a commission by performing licensed services under a brokerage agreement with you, thel broker may claim al lien against your net sales proceeds fort the broker's commission. The broker's lien rights under the act cannot be waived before the commission is eamed. 322 21. Brokers: Thel licensee(s) and brokerage(s) named below: are collectively referred to as "Broker." Instruction to closing agent: Seller and Buyer direct Closing Agent to disburse at Closing the full amount of the brokerage fees as specified in separate brokerage agreements with the parties and cooperative agreements between the Brokers, except to the extent Broker has retained such fees from the escrowed funds. This Paragraph will not be usedt to modify any MLS or other offer of compensation made by Seller or listing broker to cooperating brckers.  llable fort the full amount oft the brokerage fee.  equityt to enforce Seller's rights under this Contract.  285 17. Attorney's Fees; Costs: In any litigation permitted by this Contract, the prevalling party shall be entitled to 288 18. Escrow Agent; Closing Agent: Seller and Buyer authorize Escrow Agent and closing agent (collectively  thel itigation. This Paragraph 17 shall survive Closing or termination oft this Contract.  treated as a party to this Contract. This Paragraph will survive closing.  NONE  NONE  Seller's Sales Associate/License No.  Buyer's Sales Assoclate/License No.  Buyer 95 and Seller(_ X )acknowledge receipt ofac copy ofu this page, whichis6of8p pages.  VAC-14xx Rev 7123  02023 Floridal Realtors SperlingSecond  Producedy wihl Lone WUIT Transactions (zipFomE Eon)717HHarwoos S1,5 Suite2 2200, Dallas.TX 75201 wwimpikoon    329 330 331 332 333 334 335 336 337 338 339 341 342 343 344 347 349  Seller's Sales Associate Email Address Seller's Sales Associate Phone Number  Buyer's Sales Associate Email Address Buyer's Sales Associate Phone Number  Listing Brokerage Listing Brokerage Address (Check! If applicable): JA. Back-up Contract JB. Kick Oul Clause Jc. Other 345 *23. Additional Terms:  Buyer's Brokerage Buyer's Brokerage Address  340 22. Addenda: The following additional terms are included in the attached addenda and incorporated intot this Contract  346 1._Buyerl Is al licensed Florida real estate agent, 348 2. The Property's intended permitted use is Industrial.  350 3. Atc closing the Buyer will assign its interest in the contract to AESPH2, LLC,a! Florida limited liability 351 company,. AESPH2, LLC owns the propertles contiguous to the northern and southern boundarles of the 352 Property and AESPH2, LLC will incorporate the Properiy into its parcels for development or redevelopment.  353 Buyer Is recelving no consideration from AESPH2, LLC.  354 355 356 357 358 359 360 361  COUNTER-OFFER/REJECTION  362 Seller counters Buyer's offer (to accept the counter-offer, Buyer must sign or initial the counter-offered terms and  363 deliver a copy of the acceptançe to Seller). 364 *Seller rejects Buyer's offer  365 366  [The remainder of this page isi intentionally left blarik. This Contract continues with Line 367 on Page 8 of8.]  BuyerS and Seller(. )( )acknowledge reçelpt ofac çopy of! this page, whichis7of8; pages.  VAC-14xx Rev7/23  02023 Florida Realtorse SprlngSrced  ProdvcadwinLono' Wallt Tiansactions (zipFom Edtion)? 717NHarwoos! 8L Syks2 2200, Dallas, TX 7620) wwwwicem    367 This is Intended to be al legally binding Contraot. If not fully understood, seek the advice of an attorney before 370 CONVEYANCES TO FOREIGN BUYERS: Part I of Chapter 692, Sections 692.201-692.205, Florida Statutes, 2023 371 (the' "Ac"), in part, limits and regulates the sale, purchase and ownership of certain Florida properties by certain buyers 372 who are associated with a' "foreign country of concern", namely: the People's Republic of China, the Russian 373 Federation, the Islamic Republic of Iran, the Democratic People's Republic ofl Korea, the Republic of Cuba, the 374 Venezuelan regime of Nicolàs Maduro, or the Syrian. Arab Republic. It Is a crime to buy or knowingly sell property 376 Att time of purchase, Buyer must provide a signed. Affidavit which complies with the requirements of the Act. 377 Seller and Buyer are advised tos seek legal counsel regarding their respective obligations andl liabilities under the Act.  368 signing. 369  ATTENTION: SELLER AND BUYER  375 in violation of the Act.  378 379 Buyer: 380 *Print name: Alan 381 *Buyer: 382 *Printr name:  Date: ghu/zy  assigns  Date:  -  383 Buyer's address for purpose oft notice: 384 Address: 2267 NW. Jog Road 385 P Phone: (561)702-0202 386 Seller: 388 Seller: 389 *Print name:. 391 * Address: 392 *Phone:  Boca Raton, FL33431 Email: SperingA1@gmalcom  Fax:  Date: Date:  387 *Print name: Town of Mangonla Park 390 Seller's address for purpose ofr notice:  Fax:  Email:.  Floridal REALTORSO mekes nor representalion: ast tol thek legal valldityo ora adoquacyofe any provislono olthist fomina anys specifot transition, This stondordizedt form should notbe used! In complext transaciions or withe exlensive Aders ora additions. Thisf fommis availablet for uset byu thes enire reale estatel industrys andisnolie intendedw to Kdentfy the user BSF REALTORB. REALTORBI loar registerede colloctiver membership mark which may! bel used only ber reale eslater Rcensees whoa rer membors oftha NATIONAL. ASSOCIATION OFF REALTORSB: andv whos subscibet tolts Codo ofEthics. The copyright taws ofUnked Slates (170.S. Code) forbk theu mauhalalwpadendna  formbya any means Including lacsimile orc computerizedi forms.  *  Buyer )(. and Seller( X )acknowledge receipt ofac copy oft this page, which! Is8of6p pages.  VAC-14xx Rev 7/23  02023F Florida Realtors@ Sperlngs Secand  Producesmwinione Woll Transactions (xpForm Edkion) 717NHarvoads S4, Sule 2200, Dallas,TX 75201 wwwwollsem    STATE OF FLORIDA COUNTY OF PALM BEACH )  The foregoing instrument was acknowledged before me by mglns of MIphysical presence or[ ] onlipci notarization this A day of September 2024, by Alan Sperling/ Jwhoi is personally known tor me,or  Mwho has produced F Dunsvin as identification!,  [Notary Scal)  RdhasLEi  GAROLA ROCIO VISGARRA Nolary Public, State ofF Flo:lda Commission# HHSB1375 Myc comm, expires Apri2,2 2027    EXHIBIT "A"  APORTION OF 50TH STREET, AS DEEDED IN ORB 3830, PAGE 723, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 24, WESTERN HEIGHTS. AN UNRECORDED SUBDIVISION, THENCE NORTH 89 DEGREES, 24 MINUTES AND 01 SECOND WEST ALONG THE NORTH LINE OF LOTS 24 THROUGH 28, SAID WESTERN HEIGHTS FOR A DISTANCE OF 268.69 FEET TO THE NORTHWEST CORNER OF LOT28, SAID WESTERN HEIGHTS; THENCE NORTH 53 DEGREES, 44 MINUTES AND 20 SECONDS WESTI LEAVING SAID NORTHLINE AND ALONG THE NORTHEASTERLY RIGHT-OF-WAY OF THE CSX RAILROAD FOR A DISTANCE OF 45.03 FEET TO THE SOUTHWEST CORNER OF LOT 1, SAID WESTERN HEIGHTS; THENCE SOUTH89D DEGREES, 24 MINUTES AND 01 SECOND EAST LEAVING SAID RIGHT-OF-WAY AND ALONG. THE SOUTH LINE OF LOTS 1 THROUGH 5, SAID WESTERN HEIGHTS, FOR A DISTANCE OF 305.28 FEET TO THE SOUTHEAST CORNER OF LOT 5, SAID WESTERN HEIGHTS; THENCE SOUTH 00 DEGREES, 35 MINUTES AND 59 SECONDS WEST LEAVING SAID SOUTH LINE 26.25  FEET TO THE POINT OF BEGINNING. CONTAINING 7,533 SQUARE FEET.    7A1  TOWN OF MANGONIA PARK 1755 East Tiffany Drive Mangonia Park, FL33407 (561)848-1235 minemmgemiparntomaeon DEVELOPMENT APPLICATION Alli jnformation must bey printed or typed.  APPLICATION NO. 5227403  SUBMITTAL DATE: 08/14/2024  PROPERTY OWNER(S)  APPLICANT  Name: ND Flex, LLC Nathan Rich Address: 2901 Richmond Road Suite 140-274  Name: Schmidt Nicholas on Behalf of ND Flexl LLC Address:. 1551 NF Flagler Drive SUITE 102 West Palm Beach, FL, 33401  Lexington, KY, 40509  Phone:  Phone: 561.684.6141  Proofofownership, along witha agent's authorization! letteri if Applicationi is being submitted! bys anyone othert thant the Owner(s), Additionally, proofofconcurrency, (per Town's concurrency application, and five (5) copies of allj plans, plats, etc. must be  must be submitted with Application.  submitted with this application. form. (Further plans, etc. may! be required.)  CHECK. APPLICABLE APPROVALS BEINGI REQUESTED: (Fees per current Town. Resolution must be submitted with application.)  ADMINISTRATIVE. APPEAL ANNEXATION COMPREHENSIVE PLAN AMENDMENT HOME OCCUPATIONALLICENSE DOI NOT WRITE BELOWTHISLINE  ZONINGCODETEXT AMENDMENT  SITE PLAN: REVIEW SPECIAL: EXCEPTION VARIANCE  X  FOR PFAKIMIATALIBEONIY  ACCEPTEDI Town  Date:  Feel Paid:  Ilg2y No No  Confirmation: létter for water ands sewers serviçe inoluded? Yes_ Concurrency! letters included (per concurrency application)? Yes_  -  K  APPROVAL Town Council/Board of Adjustment: Conditions of Approval:  Date:  -1-    GENERAL: DATA  Project Name: Waterview Apartments  Project Location: (Address ifknown), NE corner of S. Tiffany Dr. @ W. Tiffany Dr.  Planned Commerce Center (PCC) Planned Commerce Center (PCC)  Existing Zoning: Proposed. Zoning:  Commercial Commercial  Existing Comprehensive Plan Designation: Proposed Comprehensivel Plan Designation:  Vacant  Existing Land Use: Proposed Land Use: Total Site. Area;  Multifamily (for income-restricted seniors)  72,745  1.67 X X  Sq. Ft,  Acres No No  Iss site currently served by public water? Yes Is site currently served by public sewer? Yes  RESIDENTIAL  140  Total Number ofDwelling Units: COMMERCIAL Total Square Footage: N/A  Density (Units per acre): 83 dula  Number ofl Buildings: N/A  Describe briefly the nature of anyi improvements presently located on the subject property.  None, site is currently vacant  Describe type ofoperation or business proposed. Multifamily (for income-restricted seniors)    Describe in detail the phasing oft thej proposed development (Attach ifinsufficient space).  No phasing  State the reasons or basis for the. Approval request, and explain why this request is consistent with good planning and: zoning practice, will not be contrary to the Town's Comprehensive: Development Plan, and will not be detrimental tot the promotion of public appearance, comfort, convenience, general welfare, good order, health, morals, prosperity, and safetyofthe Town. Additionally, all standards set forth int the Town Code of Ordinances for Special Exceptions, Variances, Administrative Appeals, etc. must be The applicant is seeking site plan approval for a 140 unit, income-restricted senior housing development at the northeast corner ofW. Tiffany Drive and S. Tiffany Drive. The projects supports the town comprehensive plan by providinga safe, affordable housing option for seniors near transit and commercial centers. The project seeks to meet all standards of the ordinance SO as to promote the  addressed. (Attach a separate. Justification Statement ifinsufficient space.)  general welfare, good order, health and prosperity of the town.  Has anyprevious Application' been filed within the last year in connection with the subject property?  (Yes)(NO) Ifyes, briefly describe the nature oft the Application.  No  EXACTLEGAL, DESCRIPTION OF) PROPERTY:  (Attachi ifinsufficient space)  -3-    Give thei name, address and telephone number for the following persons or firms involved in this  development:  AGENT [fdifferent from Owner(s): Name: Matt Wojciechowski Company Name: Schmidt Nichols Address: 1551 N. Flagler Dr; Ste. 102  DEVELOPER:  Name: ND Flex LLC-I Nathan Rich Company Name: Schmidt Nichols Address: 1551 N. Flagler Dr; Ste. 102 West Palm Beach, FL  West Palm Beach, FL  33401  33401 Phone: 561-684-6141  Phone: 561-684-6141  PLANNER:  ARCHITECT!  Name: Matt Wojciechowski Company Name: Schmidt Nichols Address: 1551 N. Flagler Dr; Ste. 102 West Palm Beach, FL  Name: Jon Olson  Company Name: Spalding Design Group Address; 106 Lincoln Way East  Mishawaka, IN 46544  33401  Phone: 561-684-6141  Phone: 574-255-2422 Florida Registration No.: N/A  ENGINEER:  LANDSCAPE: ARCHITECT  Name: Jeff Trompeter Company Name: Civil Design  Name: Matt Tollison Company Name: Schmidt Nichols  Address: 1400 Centrepark Blvd; Ste 905 Address: 1551 N. Flagler Dr; Ste. 102  West Palm Beach, FL  West Palm Beach, FL  33401  33401  Phone: N/567-659-5760 Florida Registration No.: N/A  Phone: 561-684-6141 Florida Registration No.: N/A  3  -4-    SURVEYOR  ATTORNEY  Name: NIA Address: N/A Phone: NIA  Name: N/A Company Name: N/A Address; N/A Phone: N/A  Company Name: Wallace Surveying  CURRENTOCCUPANB,  Name: N/A Address:  N/A  Phone: N/A  APPLICANT'S CERTIFICATION  ((We) affirm and certifyt that () (We) understand and will comply withe allj provisions and regulations oft the' Town of Mangonia Park, Florida. ((We) understand thati ifthis) Petitioni isa approved! byt the' Town, the aforementioned. real properly described herein willl be considered, ine every respect, tob bes aj parto oft the' Town ofMangonial Park and willl be subjected to all applicable laws, regulations, taxes and poliçe powers oft the' Towni including the Comprehensive and Zoning Ordinance, @) (We) further certify that alle statements and diagrams Bubmitted! horewith are true ande accurate to the bost of( (my) (our) knowledges andb belief. Further, (I)(We) understand that this Application: ande attachments! become part ofthe Officiall Records  oftho' Town ofMangonial Park,) Florida, and arc not rotumable. Coshuypusin Winess ar (dnd Witness Applioant is: Owner Optionee Lessee Agent Contraot! Purchaser  SignaturegfApplcant dh Notha WRich Printed) Name of Applicant Address: b50NMilitwynh SteloH Nb/aimABANuNELSAT Tolephonel Number: Sel-432-3582 Fax Number: A0D-832-145  5-        ORDER OF THE: BOARD OF ADJUSTMENT TOWN OF MANGONIA PARK  CASE: NO. INI RE:  BA 2024-04  ND Flex Partner, LP, Owner  VARIANCES REQUESTED: : 1) a variance of 50sf from the required unit size of 700sf to allow for 650sf unit sizes, and 2) a variance of one accessway from the maximum two accessways per site to allow for three accessways in total, to allow the new construction of six- story building with 140 income-restricted senior housing units within the Planned Commerce Center (PCC) Zoning District and located on the northeast corner of W. Tiffany Drive and E. Tiffany Drive, Central ParkLt 14, PCN: 444343-0523-00001402 Mangonia Park, FL 33407.  SUBJECT PROPERTY LOCATION: LEGAL PCN:  Vacant Lot NW Corner of W. Tiffany Drive and E. Tiffany Drive  Mangonia Park, Florida 33407  DESCRIPTION: CENTRAL! PARKLT14  44943.0523-00.0140  ORDER APPROVING VARIANCE. APPLICATION  This cause came on to be heard upon the above-referenced application and the Board of Adjustment of the Town of Mangonia Park, Florida, having considered the evidence presented by the Applicant and other interested persons at a hearing called and being otherwise duly  advised.  THEREUPON, THE BOARD OF ADJUSTMENT OF THE TOWN OF 1. The property which is the subject ofs said application is located within the! Planned Commerce Center (PCC") Zoning District in accordance with the Zoning 2. According to the Mangonia Park Zoning Code at Appendix A, Section 7. Site review requirement and procedures., no more than two (2) accessways shall be located on any single perimeter public right-of-way. According to the Mangonia Park Zoning Code at Appendix A, Section 14. General Provisions., the minimum unit size for multi-family residential dwellings shall be 700 square feet. 3. The Applicant requests 1) a variance of 50sf from the required unit size of 700sf to allow for 650sf unit sizes, and 2) a variance of one accessway from the maximum two accessways per site to allow for three accessways in total, to allow  MANGONIAPARIK, FLORIDA FINDS AS FOLLOWS:  Ordinance ofthe Town ofl Mangonia Park.    the new construction of six-story building with 140 income-restricted senior housing units within thel Planned Commerce Center (PCC)Zoning District. Pursuant to Section 21 of the Zoning Code, the Board of Adjustment has the right, power and authority to act upon the application made herein. 5. In the judgment of the Board of Adjustment, the public convenience and welfare will bel best served by APPROVING the application. IT IS THEREUPON CONSIDERED, ORDERED AND ADJUDGED BY THE The application for variance in Case No. BA 2024-04 attached hereto as Exhibit A with reference to the above-deseribed property within the Town of Mangonia Park, Palm Beach County, Florida, to permit the variances described herein, meets all standards for approval as set forth in Section 21, Sub-section 7.c. 1-6 of the Town Zoning Ordinance, and as such is hereby APPROVED in accordance with the' Town's Zoning Ordinance with the following conditions: The term Applicant(s) as used herein shall include all successors and assigns. The Applicant's variance approval shall expire in six (6) months from the date of approval unless a building permit based upon and incorporating the variance has been issued within the six (6) month period. If the building permit expires or is voided, the DONE AND ORDERED THIS lODAyO OFS SEPTEMBIR, 2024.  4.  TOWN Or MANGONIA PARK BOARD OF ADJUSTMENT AS FOLLOWS:  variance approval also expires or becomes void,  Hohrtin  DIAHANN. FREDERICK, CHAIRPERSON  ATTEST:  (SEAL)  ShenyAlbuy, Town Clerk  2    BACH  September 24,2024 Juan F. Ortega, Ph.D.,P.E. JFO Group, Inc., 6671 W: Indiantown Rd, Suite 50-324 Jupiter, FL33458 RE: Waterview Apartments Project #: 240901  FLORIDE  Depariment of Engineering and) Public Works P.O. Box 21229 West Palmi Beach, FL. 33416-1229 (561)684-4000 FAX: (561)6 684-4050 www.pbegov.com  Traffic Performance Standards (TPS) Review  Dear Dr. Ortega:  Thel Palm Beach County Trafficl Division has reviewed the abovereferenced; project Traffic Impact Statement, dated August 30, 2024, pursuant to the Traffic Performance Standards in Article 12 of the Palm Beach County (PBC) Unified Land Development Code (ULDC). The project is summarized as follows:  Municipality: Location: PCN: Access:  Town of Mangonia Park NEC of S Tiffany Dr and W Tiffany Dr (Generally located S of45"h St and Ec ofCongress Ave) 4.4343.4523-000.0140 One full access on West Tiffany Drive, one ingress only on South Tiffany Drive and one egress only on South Tiffany Drive (As used in the study and is NOTnecessarilyan approval by the County through this TPS letter) Vacant 55+ Single Family Attached = 1401 DUS 454 December: 31,2027  Palm Beach County Board of County Commissioners Maria Sachs, Mayor Maria G. Marino, Vice Mayor Gregg K. Weiss Michael A. Barnett Marci Woodward Sara Baxter Mackl Bernard  Existing Uses: Proposed Uses: Total Daily Trips: Build-out:  Total Peak Hour Trips: 28 (10/18). AM; 35 (20/15) PM  Based on the review, the Traffic Division has determined that the proposed development will have insignificant impact on thé area roadways and meets the Please note the receipt ofa TPS approval letter does not constitute the review and does it eliminate any requirements that may be deemed (R/W) as site related. For work within Palm Beach County R/W,a detailed review of the project will be provided upon submittal for an R/W permit application. The project is required to comply with alll Palm Beach County standards and may include R/W dedication. No building permits are to be issued by the' Town after the build-out date specified above. The County traffic concurrency approval is subject to the Project Aggregation Rules set forth in the Traffic Performance Standards Ordinance. The approval letter shall be valid no longer than one year from date of issuance, unless an application fora a Site Specific Devolopment Order has been approved, an. application for a Site Specific Development Order has been submitted, or the approval letter has been superseded by another approval letter for the same  Traffic Performance Standards of Palm Beach County. issuance of a Palm Beach County Right-of-Way  County Administrator Verdenia C. Baker  Construction Permit nor  "Anl FqualOpportuntly Affimmative Action Employer" printedo andi recycled! ons sustalnable paper  property,    RACH  Juan F. Ortega, Ph.D., P.E. September 24, 2024 Page 2  ELORIDE  Ify you have any questions regarding this,determination, please contact me at 561-  478-5755 or email MRahman@pbc.gov.  Sincerely, ahman Moshiur Rahman, Ph.D.,] E.I. Professional Engineer Engineering and Public Works Dept. Traffic Division MR:QB:jb ec: Addressee  Ken Metcalf, Townl Mannger, Town of! Mangonia. Park Quazi Bari, P.E., PTOE, Manager Growthi Management,' Traffic Division Alberto Lopez1 Tagle, Technical Assistant III, Traffic Division PANTRAFFICHAIMUNICIPALTIESAPPROVALS40.4240901 WATERVIEW. APARTMENTS.DOCX  File: Generol- TPS- Mun- Traffic Study Revicw        D        D   a 9 E a        e - 3 E O -    a TI 3 3        7B  TOWN OF MANGONIA PARK PLANNING SERVICES  FIFTH RENEWAL OF PROFESSIONAL SERVICES AGREEMENT  This Fifth Renewal of Professional Services Agreement Planning Services ("Fifth Renewal"), by and between CHEN MOORE & ASSOCIATES, INC., a Florida corporation, with offices located at 500 West Cypress Creek Road, Suire 600, Fort Lauderdale, Florida 33309 ("Contractor"), and the TOWN OF MANGONIA PARK, a municipal corporation, with offices located at 1755 East Tiffany Drive, Mangonia Park, Florida 33407 ("Town"), is hereby made and  entered into this  day ofOctober 2024, and amends the Agreement in the following manner  effective retroactively as of September 30, 2024:  WHEREAS, effective August 4, 2015, Contractor and Town entered into a Professional Services Agreement Planning Services ("Agreement") whereby Contractor agreed to provide  planning services for the Town for aj period of one (1): year; and  WHEREAS, effective. January 17,2017, Contractor and' Town entered into al First Renewal of Professional Services Agreement Planning Services ("First Renewal") whereby Contractor  renewed the Agreement through January 17, 2018; and  WHEREAS, effective January 17, 2018, Contractor and Town entered into a Second Renewal of Professional Services Agreement Planning Services ("Second Renewal") whereby  Contractor renewed the Agreement through January 17,2020; and  WHEREAS, effective January 17, 2020, Contractor and Town entered into a Third Renewal of Professional Services Agreement Planning Services ("Third Renewal") whereby  Contractor renewed the Agreement through September 30, 2023; and  WHEREAS, effective March 5, 2024, Contractor and' Town entered into al Fourth Renewal of Professional Services Agreement Planning Services ("Fourth Renewal") whereby Contractor  renewed the Agreement through September 30, 2024; and  WHEREAS, a Consent to Assignment was agreed to by the parties on February 7, 2023 assigning the Agreement originally between the Town and NZ Consultant, Inc. to Chen Moore &  Associates, Inc.; and  WHEREAS, Section 3, the "Commencement Date and Term" provision, of the Fourth Renewal provides that the Agreement may be renewed for additional terms as agreed by the  Page 1 of2    Parties; and  WHEREAS, the Parties have mutually agreed to renew the Agreement sO that Contractor will provide planning services for the Town for another one (I) year term, retroactively from September 30, 2024 through September 30, 2025 as the rates set forth in Exhibit "A" attached  hereto and incorporated herein by reference. agree to renew the Agreement as follows:  NOW THEREFORE, in consideration oft the mutual terms hereinafter set forth, thel Parties Section 1: In accordançe with Section 3, the "Commencement Date and Term" provision of the Agreement, the Agreement is hereby renewed to allow Contractor to provide planning services for the Town for the one (I) year term beginning retroactively from September 30, 2024  through September 30, 2025.  Section 2: This Fifth Renewal shall become part of the Agreement pursuant to the "Entire Section 3: Each and every other term and provision oft the Agreement shall remain in full IN WITNESS WHEREOF, the parties hereto have executed this Fifth Renewal the date  Agreement" provision oft the Agreement. force and effect as previously entered into. and year first above written.  Remainder of Page Intentionally Blank)  Page 2of2    WITNESSES:  CHEN MOORE & ASSOCIATES, INC.  Peter Moore, President (Corporate Seal)  WITNESSES:  TOWN OF MANGONIA PARK William Albury, III, Mayor (Seal)  ATTEST:  Sherry Albury, Town Clerk  Page3of2        7C  1851 W. Indiantown Road Suite 100 Jupiter, FL33458 Office: +1( (561) +1(561)401-9459  cma chen moore: and associates  September 16, 2024  SENTV VIAI E-MAIL kmetcaltompl.om,  Mr. Kenneth L. Metcalf Town Manager Town of Mangonia Park 1755 East Tiffany Drive Mangonia Park, FL33407 Subject:  Town of Mangonia Park Proposal for Finding of Necessity Report #24-0747.P0001  Dear Mr. Metcalf:  Chen Moore and Associates (CMA) is pleased to provide a proposal to prepare a Finding of Necessity report for the Town of Mangonia Park. The purpose ist to conduct al Finding of Necessity for the Town that provides evidence ofs slum and blight as defined in Section 163.355, Florida Statutes. The proposed scope includes City-initiated request to prepare a Finding of Necessity report. The Finding of Necessity report is used as a planning resource by government entities to identify areas(s) of need within their jurisdiction that may impose an onerous burden to the entity, decrease the tax base, and constitutes as serious and growing menace, injury tot the public health, safety and welfare ofr residents. Per Florida Statutes (F.S.) 163.355. No county or municipality shall exercise the community redevelopment authority conferred by this part until after the governing body has adopted a resolution, supported by data and analysis, which makes a legislative finding that the conditions in the area. meet 1) One or more. slum or blighted areas, or one or more areas in which there is a shortage of housing affordable to residents of low or moderate income, including the elderly, exist in such county or (2) Therehabilitation, conservation, or redevelopment, or a combination thereof, ofsuch area or areas, including, if appropriate, the development of housing which residents of low or moderate income, including the elderly, can afford, is necessary in the interestofthe; public health, safety, morals, or welfare  PROJECT INTRODUCTION  the criteria describedi in S. 163.340(7) or (8). The resolution must state that:  municipality; and  oft the residents ofs such county or municipality. Chen Moore: and Associates- -Land Planning  PROECTSTAFFING SCOPE OFS SERVICES correspondence is as follows:  The scope of services our firm shall provide under this agreement as per our recent discussions and  chenmoore.com    1851 W. Indiantown Road Suite 100 Jupiter, FL33458 Office: +1( (561) +1( (561)401-9459  cma chen moore and associates  Task 1: Meetings with Town Staff Consultant shall perform thet following:  Kick-Off meeting to coordinate timeline and delivery of the project. Organize and conduct project meetings with Town staff as needed.  Task: 2: Review Legal Requirements and Background- - Consultant shall perform thet following:  Consultant will examine the current legal requirements, slum, and blight as defined in the Florida Statutes. Review relevant state, local, and federal regulations governing findings of  necessity.  Identify the geographic boundaries of the area under review. Provide existing characteristics of proposed area.  Task 3: Collect and Analyze Relevant Data Consultant shall perform the following:  Demographic Data: Gather information on population trends, age distribution, income levels, Land Use and Zoning: Review zoning ordinances, land use patterns, and building conditions. Infrastructure: Evaluate thes state of publici infrastructure (roads, utilities, publicf facilities, parks, etc.).  employment rates, etc.  Identify any unsanitary or unsafe conditions. Identify deterioration of areas. Gather crime and fire safety data. Gather information of any sinkholes. (dilapidated buildings, poor infrastructure, etc.). Prepare maps regarding relevant data.  Conduct a photographic field: survey to document any signs of blight or deterioration  Task 4: Finding of Necessity Report (Assess Blight or Deficiency Conditions)- - Consultant shall prepare report  that willi include the following:  Executive Summary (legal requirements of slump and blight definitions) Introduction (study areas/CRAI boundaries, existing characteristics, land use and zoning) Finding of Necessity Analysis (inadequate street layout, unsanitary or unsafe conditions, etc.) Conclusion (summary ofr recommendations andi next steps)  Task! 5: Processing: and Adoption- : Consultant shall perform the following:  Provide draft report to Town staff. Provide final report.  :  Receive comments from the Town and make necessary changes. Prepare PowerPoint presentation for Town Council. Attend" Town Council adoption hearing of Resolution and Report.  chenmoore.com    1851 W. Indiantown Road Suite 100 Jupiter, FL33458 Office: +1 (561) +1 (561)401-9459 ASSUMPTIONS  cma chen moore and associates  This scope of service assumes thei following:  The Town will provide consultant with all pertinent documents required to complete the project.  Ther resolution willl be prepared by the Town legal counsel.  DELIVERABLES TIMELINE  CMA will provide two (2) hard copies and electronic copies of the Finding of Necessity report. Consultant will initiate within one week after receiving PO. Consultant will provide the Client with all deliverables no later than six (6) months after receiving the P.O. from the Town. CMA will provide services for al lump sum amount of nott to exceed $60,000. oro on my cell phone at (561)510-3138 or send me ane electronic message at  FEE SUMMARY  Should you! have any questions, please dor not hesitate to contact me at my office at (561) 758-2252  Daarsiechennore.om. Respectfullys submitted, Nubsa Zocavas CHEN MOORE AND ASSOCIATES Nilsa Zacarias, AICP Director of Planning  Should you have any questions, please do notl hesitate to contact me at my office at my cell phone at (561)  758-2252 or send me: an electronic message at naanssecemnoor.con  Attachment/s):  Exhibit A- - Work Authorization  chenmoore.com    1851 W. Indlantown Road Suite 100 FL33458 Jupiter, Office: +1( (561) +1( (561)401-9459  cma chen moore and associates  EXHIBIT A  AGREEMENTFOR: PROFESSIONAL. SERVICES WORKA AUTHORIZATION  Client Name: Town of Mangonia Park Client Contact: Mr. Kenneth L. Metcalf Client Phone/Fax: (561) 848-1235, ext.118 Client E-mail: kmetcalr@tomprt.com CMAI Proposal No. 24-0747.P0001 Agreement Date:  Client Address: 1755 East Tiffany Drive, Mangonia Park,FL33407  FEE: Lump Sum for Professional Services is not to exceed 1$60,000.  RETAINER: N/A  Notice to Owner: The Town of Mangonia Parki is the Client.  The undersigned agree tot the attached General Condtions/Provisions which are incorporated and made ap part of the current Continuing Services Contract. Any additional requested services willl be addressed  ina a separate agreement.  CHEN MOORE AND ASSOCIATES, INC. (CONSULTANT)  Authorized: Signature Print Name/Title Date  Town of Mangonia Park (CLIENT) Authorized: Signature Print Name/Title Date  chenmoore.com