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File #: 18-0821 CRA    Version: 1 Name:
Type: CRA Board Action Status: Agenda Ready
File created: 6/3/2021 In control: Community Redevelopment Agency
On agenda: 6/10/2021 Final action:
Title: POSSIBLE ACTION REGARDING THE ALLEGATIONS OF BH3 SET FORTH IN THE CORRESPONDENCE FROM COUNSEL FOR BH3 DATED MAY 17, 2021.
Attachments: 1. Agenda Cover Report, 2. Exhibit A - 4th Amendment, 3. Exhibit B - BH3-Delray. Letter to Donald J. Doody and Delray Beach Redevelopment Agency Re. Default Notice, 4. Exhibit C - CRA Response to May 17 2021 Letter
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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TO: CRA Board of Commissioners
FROM: Kim N. Phan, Legal Advisor
THROUGH: Renée A. Jadusingh, Esq., Executive Director
DATE: June 10, 2021

possible action regarding the allegations of BH3 set forth in the correspondence from counsel for BH3 dated May 17, 2021

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Recommended Action:
Board consideration and possible action regarding the allegations of BH3 set forth in the correspondence from counsel for BH3 dated May 17, 2021.

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Background:
On April 22, 2019, the CRA and BH3 Management, LLC (“BH3”) entered into a Purchase and Sale Agreement (“Agreement”) for the SW 600-800 blocks West Atlantic Avenue Properties.

On August 13, 2019, the CRA and BH3 entered into the First Amendment to the Agreement extending the commencement date for the workforce housing units being restricted to eligible tenants. At the request of BH3, on November 19, 2019, the CRA and BH3 entered into a Second Amendment to the Agreement in order to extend the Application Date by which BH3 had to submit for all government approvals from two hundred ten (210) calendar days to two hundred seventy (270) calendar days. The CRA and BH3 entered into the Third Amendment to the Agreement in order to allow the CRA to enter a new commercial lease with Emmanuel Jackson Sr. Project, Inc.

On May 11, 2020, BH3’s Legal Counsel sent a letter to the CRA, placing the CRA on notice of BH3’s intent to seek Force Majeure related extensions to the Approval Date in the Agreement due to COVID-19.

On November 25, 2020, BH3 notified the CRA of a design change and sought extension of the Approval Date, and to address project phasing and removal of the financing contingency.

At the January 26, 2021 CRA Board Meeting, the CRA Board declared BH3 in default of the Agreement for failure to meet the required Approval Date.

On or around February 8, 2021, BH3 sent the CRA a letter intending to seek an extension of the Approval Date in the Agreement based on the Florida Governor’s Declarations of Emergency and Se...

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