Common use of Community Benefits Plan Clause in Contracts

Community Benefits Plan. The Developer acknowledges and agrees that an integral element of the Project is a Community Benefit Plan, which will be organized and managed by the CRA. The Developer hereby agrees to use commercially reasonable efforts to achieve the CBP goal of thirty percent (30%) of the total cost of the Project construction with a primary focus on hiring the workforce from within the City including the hiring of a Hallandale Beach General Contractor, Hallandale Beach subcontractors, Hallandale Beach residents, or any combination thereof in order to reach the thirty percent (30%) CBP commitment. The City has established an Administrator (Hallandale Opportunities Project Administrator, or “HOP Administrator”) to oversee all contracts with CBP commitments. The Developer shall submit its draft CBP to the HOP Administrator, and will thereafter work with the HOP Administrator to reduce the CBP to final form acceptable to the HOP Administrator. The HOP Administrator will be responsible for tracking the Developer’s compliance with its CBP throughout the duration of the Project, and reporting such compliance to the CRA Board and City Commission. To the extent that the Developer needs assistance in meeting its CBP commitment, the HOP Administrator will serve as a resource to the Developer by providing points of contact to pursue in order to achieve their established goals (local vendor participation or local workforce hiring). It is noted, however, that development of the CBP remains the sole responsibility of the Developer, as does compliance with the approved CBP. In the event that the HOP Administrator determines, at such time and in accordance with such procedures as the CBP shall establish, that the Developer has not met its CBP commitment as demonstrated by the Certified CBP Achievement, then the Developer shall pay to the CRA a portion of the City’s cost of the HOP Program in an amount equal to (x) the difference, expressed as a percentage, between thirty percent (30%) and the actual local workforce hiring percentage achieved by the Developer as demonstrated by the Certified CBP Achievement, multiplied by (y) the City’s estimated total cost of the HOP Program in the amount of Three Hundred Fifty Thousand and 00/100 Dollars ($350,000.00). By way of example, if the Developer only achieves a local hiring percentage of twenty five percent (25%), then the Developer shall pay the CRA five percent (5 [30 minus 25]%) of Three Hundred Fifty Thousand and 00/100 Dollars ($350,000.00), or Seventeen Thousand Five Hundred and 00/100 Dollars ($17,500.00). The failure to pay such amount due as set forth in the preceding sentence within thirty (30) days following written request therefore shall be considered a material default hereunder entitling CRA to its rights and remedies set forth in Section 8.3 below and, in addition, the City may withhold any permits and/or certificates of occupancy (including a temporary certificate of occupancy) until such amount is paid in full. The Developer and the CRA acknowledge and agree that no commitment by the Developer to the CBP is intended, nor shall it be deemed or construed, to (a) replace, supersede, alter, amend and/or diminish any requirements of Applicable Laws and/or (b) place any affirmative obligation upon Developer in violation of Applicable Laws. Notwithstanding anything herein to the contrary, the General Contractor shall not be required to contract with any party that is (a) unlicensed, (b) uninsured or underinsured, (c) not financially stable, and/or (d) does not meet the bonding requirements of the General Contractor’s surety.

Community Benefits Plan. The Developer acknowledges and agrees that an integral element of the Project is a Community Benefit PlanCBP, which will be organized and managed by the CRA. The Developer hereby agrees to use commercially reasonable efforts to achieve the a CBP goal commitment of thirty seventy five percent (3075%) of the total cost of the development of the Project construction with a primary focus on hiring the workforce from within the City including the hiring of a Hallandale Beach General Contractor, Hallandale Beach subcontractors, Hallandale Beach residents, or any combination thereof in order to reach the thirty percent (30%) CBP commitment. The City has established an Administrator Developer also commits to working through the newly establish Hallandale Opportunity Project (Hallandale Opportunities Project Administrator, or “HOP Administrator”HOP) in order to oversee all contracts with CBP commitmentsrecruit the needed companies/individuals for this Project. The Developer shall submit its draft CBP agrees to the HOP Administrator, and will thereafter work comply with the HOP Administrator to reduce the CBP to final form acceptable to the HOP Administrator. The HOP Administrator will be responsible for tracking the Developer’s compliance with its CBP throughout the duration of the Project, and reporting such compliance to the CRA Board and City Commission. To the extent that the Developer needs assistance in meeting its CBP commitment, the HOP Administrator will serve as a resource to the Developer by providing points of contact to pursue in order to achieve their established goals (local vendor participation or local workforce hiring). It is noted, however, that development requirements of the CBP remains the sole responsibility of the Developer, in effect and as does compliance amended from time to time. Compliance with the approved CBP. In the event that the HOP Administrator determines, at such time and in accordance with such procedures as the CBP CPB shall establish, that the Developer has not met its CBP commitment as be demonstrated by through the Certified CBP Achievement, then the Developer shall pay to the CRA a portion of the City’s cost of the HOP Program in an amount equal to (x) the difference, expressed as a percentage, between thirty percent (30%) and the actual local workforce hiring percentage achieved by the Developer as demonstrated by the Certified CBP Achievement, multiplied by (y) the City’s estimated total cost of the HOP Program in the amount of Three Hundred Fifty Thousand and 00/100 Dollars ($350,000.00). By way of example, if the Developer only achieves a local hiring percentage of twenty five percent (25%), then the Developer shall pay the CRA five percent (5 [30 minus 25]%) of Three Hundred Fifty Thousand and 00/100 Dollars ($350,000.00), or Seventeen Thousand Five Hundred and 00/100 Dollars ($17,500.00). The failure to pay such amount due as set forth in the preceding sentence within thirty (30) days following written request therefore comply shall be considered a material default hereunder entitling CRA In addition to its rights and remedies set forth in Section 8.3 below andbelow, in additionfailure to comply with the CPB commitment shall relieve the CRA from making any CRA Gap Grants. Additionally, the City may withhold Developer agrees that leasing of any permits and/or certificates of occupancy (including a temporary certificate of occupancy) until such amount space within the Project shall be with an emphasis to local individuals and businesses. Developer acknowledges and agrees that its CBP commitment is paid in full. The Developer and the CRA acknowledge and agree that no commitment by the Developer to the CBP is not intended, nor shall it be deemed or construed, to (a) replace, supersede, alter, amend and/or diminish any requirements of Applicable Laws and/or (b) place any affirmative obligation upon Developer in violation of Applicable Laws. Notwithstanding anything herein to the contrary, the General Contractor shall not be required to contract with any party that is (a) unlicensed, (b) uninsured or underinsured, (c) not financially stable, and/or (d) does not meet the bonding requirements of the General Contractor’s surety. The Developer shall be responsible and pay for all costs and expenses (including, but not limited to, costs and expenses of the CRA and City staff) associated with, related to, or arising from the implementation, administration, monitoring and preparing compliance reporting of the CBP. The failure to pay all costs and expenses as set forth in the preceding sentence within thirty (30) days following written request therefore shall be considered a material default hereunder entitling CRA to its rights and remedies set forth in Section 8.3 below.

Community Benefits Plan. The Developer acknowledges and agrees that an integral element of the Project is a Community Benefit PlanCBP, which will be organized and managed by the CRA. The Developer hereby agrees to use commercially reasonable efforts to achieve the a CBP goal of thirty forty percent (3040%) of the total cost of development of the Project construction construction, with a primary focus on hiring the workforce from within the City including the hiring of a Hallandale Beach General Contractor, Hallandale Beach subcontractors, Hallandale Beach residents, or any combination thereof in order to reach the thirty percent (30%) CBP commitment. The City has established an Administrator (Hallandale Opportunities Project Administrator, or “HOP Administrator”) to oversee all contracts with CBP commitmentsCity. The Developer shall submit its draft CBP agrees to the HOP Administrator, and will thereafter work comply with the HOP Administrator to reduce the CBP to final form acceptable to the HOP Administrator. The HOP Administrator will be responsible for tracking the Developer’s compliance with its CBP throughout the duration of the Project, and reporting such compliance to the CRA Board and City Commission. To the extent that the Developer needs assistance in meeting its CBP commitment, the HOP Administrator will serve as a resource to the Developer by providing points of contact to pursue in order to achieve their established goals (local vendor participation or local workforce hiring). It is noted, however, that development requirements of the CBP remains the sole responsibility of the Developerin effect and as amended from time to time. Additionally, as does compliance with the approved CBP. In the event that the HOP Administrator determines, at such time and in accordance with such procedures as the CBP shall establish, that the Developer has not met agrees that leasing of commercial space within the Mixed Use Component shall be with an emphasis to local businesses. Developer acknowledges and agrees that its CBP commitment as demonstrated by the Certified CBP Achievement, then the Developer shall pay to the CRA a portion of the City’s cost of the HOP Program in an amount equal to (x) the difference, expressed as a percentage, between thirty percent (30%) and the actual local workforce hiring percentage achieved by the Developer as demonstrated by the Certified CBP Achievement, multiplied by (y) the City’s estimated total cost of the HOP Program in the amount of Three Hundred Fifty Thousand and 00/100 Dollars ($350,000.00). By way of example, if the Developer only achieves a local hiring percentage of twenty five percent (25%), then the Developer shall pay the CRA five percent (5 [30 minus 25]%) of Three Hundred Fifty Thousand and 00/100 Dollars ($350,000.00), or Seventeen Thousand Five Hundred and 00/100 Dollars ($17,500.00). The failure to pay such amount due as set forth in the preceding sentence within thirty (30) days following written request therefore shall be considered a material default hereunder entitling CRA to its rights and remedies set forth in Section 8.3 below and, in addition, the City may withhold any permits and/or certificates of occupancy (including a temporary certificate of occupancy) until such amount is paid in full. The Developer and the CRA acknowledge and agree that no commitment by the Developer to the CBP is not intended, nor shall it be deemed or construed, to (a) replace, supersede, alter, amend and/or diminish any requirements of Applicable Laws and/or (b) place any affirmative obligation upon Developer in violation of Applicable Laws. The CRA agrees to cooperate with the Developer to ensure a greater emphasis be placed on providing opportunities for local businesses to take advantage of the development program and Subsidies being offered herein. With respect to the sale of the Units, the CRA acknowledges and agrees that the Townhouse Component is intended to provide new housing opportunities for City residents. Accordingly, the CRA will drive the marketing and sale of the Units to ensure that City residents have ample opportunity to benefit from the Townhouse Component. To that end, the CRA may contract with an agency providing affordable housing services to identify potential buyers for this Project as well as to assist would be buyers in getting them “mortgage ready”. Notwithstanding anything herein to the contrary, the General Contractor shall not be required to contract with any party that is (a) unlicensed, (b) uninsured or underinsured, (c) not financially stable, and/or (d) does not meet the bonding requirements of the General Contractor’s surety.

Community Benefits Plan. The Developer acknowledges and agrees that an integral element of the Project is a Community Benefit PlanCBP, which will be organized and managed by the CRA. The Developer hereby agrees to use commercially reasonable efforts to achieve the a CBP goal of thirty forty percent (3040%) of the total cost of development of the Project construction with a primary focus on hiring the workforce from within the City including the hiring of a Hallandale Beach General Contractor, Hallandale Beach subcontractors, Hallandale Beach residents, or any combination thereof in order to reach the thirty percent (30%) 40% CBP commitment. The City has established an Administrator Developer also commits to working through the newly establish Hallandale Opportunity Project (Hallandale Opportunities Project Administrator, or “HOP Administrator”HOP) in order to oversee all contracts with CBP commitmentsrecruit the needed companies/individuals for this Project. The Developer shall submit its draft CBP agrees to the HOP Administrator, and will thereafter work comply with the HOP Administrator to reduce the CBP to final form acceptable to the HOP Administrator. The HOP Administrator will be responsible for tracking the Developer’s compliance with its CBP throughout the duration of the Project, and reporting such compliance to the CRA Board and City Commission. To the extent that the Developer needs assistance in meeting its CBP commitment, the HOP Administrator will serve as a resource to the Developer by providing points of contact to pursue in order to achieve their established goals (local vendor participation or local workforce hiring). It is noted, however, that development requirements of the CBP remains the sole responsibility of the Developer, in effect and as does compliance amended from time to time. Compliance with the approved CBP. In the event that the HOP Administrator determines, at such time and in accordance with such procedures as the CBP CPB shall establish, that the Developer has not met its CBP commitment as be demonstrated by through the Certified CBP Achievement, then the Developer shall pay to the CRA a portion of the City’s cost of the HOP Program in an amount equal to (x) the difference, expressed as a percentage, between thirty percent (30%) and the actual local workforce hiring percentage achieved by the Developer as demonstrated by the Certified CBP Achievement, multiplied by (y) the City’s estimated total cost of the HOP Program in the amount of Three Hundred Fifty Thousand and 00/100 Dollars ($350,000.00). By way of example, if the Developer only achieves a local hiring percentage of twenty five percent (25%), then the Developer shall pay the CRA five percent (5 [30 minus 25]%) of Three Hundred Fifty Thousand and 00/100 Dollars ($350,000.00), or Seventeen Thousand Five Hundred and 00/100 Dollars ($17,500.00). The failure to pay such amount due as set forth in the preceding sentence within thirty (30) days following written request therefore comply shall be considered a material default hereunder entitling CRA In addition to its rights and remedies set forth in Section 8.3 below andbelow, in additionfailure to comply with the CPB commitment shall relieve the CRA from making any CRA Gap Grants. Additionally, the City may withhold Developer agrees that leasing of any permits and/or certificates of occupancy (including a temporary certificate of occupancy) until such amount space within the Project shall be with an emphasis to local individuals. Developer acknowledges and agrees that its CBP commitment is paid in full. The Developer and the CRA acknowledge and agree that no commitment by the Developer to the CBP is not intended, nor shall it be deemed or construed, to (a) replace, supersede, alter, amend and/or diminish any requirements of Applicable Laws and/or (b) place any affirmative obligation upon Developer in violation of Applicable Laws. Notwithstanding anything herein to the contrary, the General Contractor shall not be required to contract with any party that is (a) unlicensed, (b) uninsured or underinsured, (c) not financially stable, and/or (d) does not meet the bonding requirements of the General Contractor’s surety. The Developer shall be responsible and pay for all costs and expenses (including, but not limited to, costs and expenses of the CRA and City staff) associated with, related to, or arising from the implementation, administration, monitoring and preparing compliance reporting of the CBP.

Community Benefits Plan. The Developer acknowledges and agrees that an integral element of the Project is a Community Benefit Plan, which will be organized and managed by the CRA. The Developer hereby agrees to use commercially reasonable efforts to achieve the CBP goal of thirty twenty five percent (3025%) of the total cost of the Project construction with a primary focus on hiring the workforce from within the City including the hiring of a Hallandale Beach General Contractor, Hallandale Beach subcontractors, Hallandale Beach residents, or any combination thereof in order to reach the thirty twenty five percent (3025%) CBP commitment. The City has established an Administrator (Hallandale Opportunities Project Administrator, or “HOP Administrator”) to oversee all contracts with CBP commitments. The Developer shall submit its draft CBP to the HOP Administrator, and will thereafter work with the HOP Administrator to reduce the CBP to final form acceptable to the HOP Administrator. The HOP Administrator will be responsible for tracking the Developer’s compliance with its CBP throughout the duration of the Project, and reporting such compliance to the CRA Board and City Commission. To the extent that the Developer needs assistance in meeting its CBP commitment, the HOP Administrator will serve as a resource to the Developer by providing points of contact to pursue in order to achieve their established goals (local vendor participation or local workforce hiring). It is noted, however, that development of the CBP remains the sole responsibility of the Developer, as does compliance with the approved CBP. In the event that the HOP Administrator determines, at such time and in accordance with such procedures as the CBP shall establish, that the Developer has not met its CBP commitment as demonstrated by the Certified CBP Achievementcommitment, then the Developer shall pay to the CRA a portion of the City’s cost of the HOP Program in an amount equal to (x) the difference, expressed as a percentage, between thirty f twenty five percent (3025%) and the actual local workforce hiring percentage achieved by the Developer as demonstrated by the Certified CBP AchievementDeveloper, multiplied by (y) the City’s estimated total cost of the HOP Program in the amount of Three Hundred Fifty Thousand and 00/100 Dollars ($350,000.00). By way of example, if the Developer only achieves a local hiring percentage of twenty five percent (2520%), then the Developer shall pay the CRA five percent (5 [30 25 minus 25]%20]%) of Three Hundred Fifty Thousand and 00/100 Dollars ($350,000.00), or Seventeen Thousand Five Hundred and 00/100 Dollars ($17,500.00). The failure to pay such amount due as set forth in the preceding sentence within thirty (30) days following written request therefore shall be considered a material default hereunder entitling CRA to its rights and remedies set forth in Section 8.3 below and, in addition, the City may withhold any permits and/or certificates of occupancy (including a temporary certificate of occupancy) until such amount is paid in full. The Developer and the CRA acknowledge and agree that no commitment by the Developer to the CBP is intended, nor shall it be deemed or construed, to (a) replace, supersede, alter, amend and/or diminish any requirements of Applicable Laws and/or (b) place any affirmative obligation upon Developer in violation of Applicable Laws. Notwithstanding anything herein to the contrary, the General Contractor shall not be required to contract with any party that is (a) unlicensed, (b) uninsured or underinsured, (c) not financially stable, and/or (d) does not meet the bonding requirements of the General Contractor’s surety.