File #: 18-0719 CRA    Version: 1 Name:
Type: CRA Discussion Status: Agenda Ready
File created: 12/3/2020 In control: Community Redevelopment Agency
On agenda: 12/10/2020 Final action:
Title: REQUEST LETTER FROM BH3 MANAGEMENT, LLC - DEVELOPMENT OF SW 600-800 BLOCKS OF WEST ATLANTIC AVENUE
Attachments: 1. Agenda Cover Report, 2. Exhibit A - BH3 Request Letter, 3. Exhibit B - BH3 Clarification Memo, 4. Exhibit C - FABRIK Proposed Renderings and Site Plan, 5. Exhibit D - Critical Dates Timeline, 6. Exhibit E - Purchase and Sale Agreement and Amendments, 7. Exhibit F - Aerial View of Properties, 8. Exhibit G - FABRIK_SPRAB_Submitted Renderings and Site Plan, 9. Exhibit H – AtlaWest Renderings and Site Plan
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TO: CRA Board of Commissioners
FROM: Christine Tibbs, Assistant Director
THROUGH: Renée A. Jadusingh, Esq., Executive Director
DATE: December 10, 2020

Title
REQUEST LETTER FROM BH3 MANAGEMENT, LLC - DEVELOPMENT OF SW 600-800 BLOCKS OF WEST ATLANTIC AVENUE

Body
Recommended Action:
Recommendation
Discuss the Request Letter received from BH3 Management, LLC related to the development of SW 600-800 blocks of West Atlantic Avenue.

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Background:
At the April 9, 2019, CRA Board Meeting, the CRA Board approved the Purchase & Sale Agreement (“Agreement”) for the SW 600-800 blocks West Atlantic Avenue Properties with BH3.

A First Amendment to the Agreement was approved by the CRA Board on August 13, 2019, to correct scriveners’ errors in the document.

A Second Amendment to the Agreement was approved on November 19, 2019, to extend the Application Date, the date by which BH3 needs to submit their applications to the City of Delray Beach (“City”) and other applicable governmental entities for approval, by sixty (60) calendar days from November 18, 2019, to January 17, 2020.

A Third Amendment to the Agreement was approved on January 28, 2020, to allow the CRA to enter into a lease agreement with the Emanuel Jackson, Sr. Project, Inc. The Agreement and all Amendments are included within Exhibit C.

Future Land Use Map (FLUM) and Rezoning Amendments Approval:
On October 15, 2019, BH3 received final approval from the City amending the FLUM designation from Multiple Family Residential - Medium Density District to Central Business District and Zoning designation from Medium Density to Commercial Core for the properties located at 36 SW 6th Avenue, 40 SW 6th Avenue, 46 SW 6th Avenue, 48 SW 6th Avenue, 41 SW 7th Avenue, and 37 SW 7th Avenue.

Application Date & Application Submittal:
At the January 28, 2020, CRA Board Meeting, the CRA Board approved the issuance of a Notice of Default to BH3 for its failure to “file an application for government approvals ...

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