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Agenda 10-08-02II. III. IV. Vw Call to Order. Roll Call. Agenda Approval: COMMUNITY REDEVELOPMENT AGENCY Tuesday, October 8, 2002 Commission Chambers Boynton Beach 6:30 P.M. A. Additions, Deletions, Corrections to the Agenda. B. Adoption of Agenda. Consent Agenda. - :5' A. B. Approval of Minutes - September 10th, 2002 CRA Board Meeting. Revision to the Month to Month Lease authorization for CRA Offices at 639 E. Ocean Ave, Suite 107. C. Recommendation to the City Commission for the Acquisition of Properties for the Boynton Beach Blvd. extension, the Promenade, Riverwalk and Mancjrove Park expansion. - Public Hearing - ~ Planning and Zoning Hearing Items Old Business Land Use Plan Amendment/Rezoninq -~J 5 1. PROJECT: AGENT: OWNER: The Harbors (LUAR 02-005) (tabled) Jennifer Morton, Land Design South ,Schgai, Inc. Any person who decides to appeal any decision of the Community Redevelopment Advisory Board with respect to any matter ~sidered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of _~ proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The city shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the City to reasonably accommodate your request. B0 LOCATION: DESCRIPTION: New Site Plan 1. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: 2300 North Federal Highway Request to Amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Special High Density Residential (SHDR); and Request to Rezone from Community Commercial (C-3) to Infill Planned Unit Development (IPUD). Proposed use: development of 51 fee-simple townhouses. The Harbors (NWSP 02-012) (tabled) Jennifer Morton, Land Design South Schgai, Inc. 2300 North Federal Highway Request to construct 51 fee-simple townhouse acres. units on 3.21 Administrative Appeal - I o~ 1. PROJECT NAME: Gateway Texaco (ADAP 02-001) (tabled) AGENT: Beril Kruger, Planning and Zoning Consultants OWNER: Zuhair Marouf LOCATION: 2360 North Federal Highway Iqlorth Federal Highway at Las Palmas DESCRIPTION: Request for appeal of administrative determination that proposed improvement to gas station/convenience store would be an unlawful expansion of legal, non-conforming use. Any person who decides to appeal any decision of the Community Redevelopment Advisory Board with respect to any matter 'tsidered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The city shall famish appropriate auxiliary aids and services where necessary to afford an individual with a disabihty an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the City to reasonably accommodate your request. B0 New Business Land Use Plan Amendment/Rezonin.q -" i~,~- 1. PROJECT: Merano Bay (LUAR 02-006) AGENT: Carlos Ballbe, Woodside Land Development Corp. OWNER: AutoZone, Inc. LOCATION: Southeast corner of Shore Drive and North Federal Highway DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC)to High Density Residential (HDR) 10.6 du/acre.; and Request to rezone from Community Commercial (C-3) to Infill Planned Unit Development (IPUD). New Site Plan 1. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Merano Bay (NWSP 02-014) -' 1:3 5 Carlos Ballbe, Woodside Land Development Corp. AutoZone, Inc. Southeast corner of Shore Drive and North Federal Highway Request to construct 20 fee-simple townhome units on a 1.75-acre parcel. Conditional Use C. 1. PROJECT NAME: Victoria's Closet (COUS 02-004) AGENT: Thomas McCormack OWNER: 3602 NFHB, LLC LOCATION: 3602 North Federal Highway Any person who decides to appeal any decision of the Community Redevelopment Advisory Board with respect to any matter -nsidered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of z proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The city shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the City to reasonably accommodate your request. VI, DESCRIPTION: Request Conditional Use Approval for a 34,484 square foot self storage facility in a C-3 zoning district. Director's Report: A. Project Updates 1) Financial Report for September 2002. -- i~D 2) Relax Inn Closing. -,~ 3) Consider Date for Grand Opening of the new CRA office. 4) Design Guideline RFQ 5) Heart of Boynton Workshop Date -,,~?, i VII. Unfinished Business: -- ~Lq Q, A. Consideration of a Contract and payment fees to Robert Half Agency. -;¼~ B. Re-Consideration of Payoff of CRA Loan at Bank of America and Direction to Seek proposals to establish a line of credit. - New Business: - :3 A, Consideration of a Contract for Services for the CRA Signage Program. - B. Consideration of Establishing a new Fa~;ade Grant program. -355 C. Consideration of Establishing a Direct [ncentive Program. - ;~ l'X, Other Items: X, Public Audience. Xl:. Adjournment. Any person who decides to appeal any decision of the Community Redevelopment Advisory Board with respect to any matter ~onsidered at this meeting will need a record 'of the proceedings and for such purpose may need to ensure that a verbatim record of .' proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The city shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the City to reasonably accommodate your request. 7 Members - 4 Yr. terms LAST NAME FZRST EXPIRES ADDRESS PROFESSIONAL NAME ASSOCI~ATION Aguila Jose 6/20/04 800 SW Ist CT Robert G. Currie & Assoc., Inc. Boynton Beach 33426 134 NE 1~t AVE j (561) 737-8894 Delray Beach, FL 33444 (561) 276-4951 Fax (561) 243-8184 ___wjose~curriea rc.com DeMarco Alexander 6/20/06 1o817 QUAIL COVEY RD Arvida Realty BOYNTON BEACH 33436 901 N Congress Ave - Ste. B-102 ) Boynton Beach, FL 33426 (561) 732-6789 (561) 736-2400 Ext. 107 Fax (561) 736-1560 cristale@bellsouth.corn Fenton Don 1/10/06 2556 SW 23n° CRANBROOK DR Edward ]ones & Company BOYNTON BEACH 33436 901 N Congress Avenue, Ste B-101 / Boynton Beach, FL 33426 (561) 737-0793 (561) 737-1442 Fax (561) 364-1536 Finkelstein Larry 1/10/05 4295 ST ANDREWS DRIVE Larnar Realty & Financial Group BOYNTON BEACH 33436 114 N Federal Hwy., Ste 202 Boynton Beach, FL 33435  (561) 736-9790 Fax (561) 736-62g0 Chair Ifgi@aol.corn Heavilin Jeanne 1/10/05 PO BOX 3693 (734 NE 9TM AVE) Sailfish Realty BOYNTON BEACH 33424 532 E Ocean Avenue j/ Boynton Beach, FL 33435 (561) 731-4474 (561) 738-6613 Fax (561) 738-7911 Vice Chair jheavilin@msn.com Hoyland Michelle 1/10/04 926 SUNSET ROAD City of Delray Beach BOYNTON BEACH 33435 Planning & Zoning Dept. 100 NW 1~t Avenue  (561) 736-8668 Delray Beach, FL 334~~, i (561) 243-7040, Ext. 7047 Fax (561) 243-7221 mhoyland@delrayplanning.org Tillman Henderson 1/10/05 54 BENTWATER CIR Spanish River High School BOYNTON BEACH 33426-7646 5100 ]og Road  Boca Raton, FL 33496 (S61) 965-6776 (561) 241-2200, Ext. 2540 S:\CC\WP%BOARDS\LISTS\CRA Board.doc - bg - 07/08/2002 COMMUNITY REDEVELOPMENT AGENCY - ROLL CALL VOTES Jirman Finkelstein .lose Aguila Alexander DeMarco Don Fenton Vice Chair Heavilin Michele Ho¥1and Henderson Tillman Vice Chair Heavilin Alexander DeMarco .lose Aguila Don Fenton Chairman Finkelstein Michele Ho¥1and Henderson Tillman YES NO YES NO YES NO YES NO YES NO YES NO YES NO Miche_____le Hoyland Alexander DeMarco .lose Aguila Henderson 'rillman Chairman Finkelstein Vice Chair Heavilin Don Fenton Henderson 'l'illman Chairman Finkelstein Jose Aguila Michele Ho¥1and Alexander DeMarco Vice Chair Heavilin Don Fenton YES NO YES NO YES NO YES NO YES NO s:\cc\wp\minutes\cra\roll call sheets,doc IV. Consent Agenda. A. Approval of Minutes - September 10th, 2002 CRA Board Meeting. MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY REGULAR MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH FLORIDA, ON TUESDAY, SEPTEMBER 10, 2002 AT 7:00 P.M. Present Larry Finkelstein, Chairman Jose Aguila Alexander DeMarco Don Fenton Jeanne Heavilin, Vice Chair Henderson Tillman Doug Hutchinson, CRA Director Lindsey Payne, Board Attorney Dale Sugerman, Assistant City Manager Absent Michelle Hoyland I. Call to Order Chairman Finkelstein called the meeting to order at 6:30 p.m. II. Roll Call The Recording Secretary called the roll and declared a quorum was present. Chairman Finkelstein welcomed Mayor and Mrs. Broening, Assistant City Manager Dale Sugerman, Chris DeLiso, Chairman of the Code Compliance Board, and City staff members. II1. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda Vice Chair Heavilin noted that Item V. C. was being tabled to the October meeting. She requested that Item VIII. A., New Business (Report by Jim Nardi) be moved up to be heard before Public Hearings. Mr. Hudson requested that the item for Merano Bay (LUAR 02-006) that had been advertised, but not placed on tonight's agenda, be tabled until the October 8, 2002 meeting. Motion Vice Chair Heavilin moved to table the Merano Bay item until the October 8, 2002 meeting. Motion seconded by Mr. Aguila and unanimously carried. Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 10, 2002 B. Adoption of Agenda The Agenda was filed, as amended. IV. Consent Agenda A. Approval of Minutes - August 13, 2002 CRA Regular Board Meeting and August 24, 2002 Workshop Chairman Finkelstein requested that the August 24, 2002 minutes, in the first paragraph on Page 3 that stated "Chair Finkelstein favored paying off the loan and in year two doing a $3M bond at a cost of $90K" be corrected. Chairman Finkelstein stated that he was in favor of paying off the loan, but was not in favor of doing the bond at a cost of $90K. He requested that the minutes be corrected accordingly. Chairman Finkelstein also requested that the word "waived" on Page 3, under "Expenses" in the fourth line of the first paragraph, be changed to "amended." Motion Vice Chair Heavilin moved to approve the minutes, as amended. Motion seconded by Mr. Aguila and unanimously carried. B. Financial Report for August 2002 Chairman Finkelstein questioned the wording "Total Budgeted Revenue" and suggested that the word "Budgeted" be deleted. Under Beginning Balance it states "August" and should read "year to date." Mr. Hutchinson responded that the total of the Fund is at the bottom of the sheet under Revenue and Expenses at $6,005,936. Mr. Hutchison stated that they would no longer be presenting the Financial Report in this format. Chairman Finkelstein asked what the $1,447 under Printing and Binding for Bayard Advertising Agency, Inc. pertained to. Mr. Hutchinson stated that this was for the RFQ. Chairman Finkelstein questioned why the City would use an ad agency to place an ad. Mr. Hutchinson responded that the City has an ad agency contract that places their ads. Chairman Finkelstein asked about the expense for Anderson & Carr. Mr. Hutchinson reported that this is the pro-ration of expenses between the City and the CRA. 2 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 10, 2002 Motion Mr. DeMarco moved to approve the Consent Agenda. Motion seconded by Vice Chair Heavilin and unanimously carried. A. Review Relax Inn Contract and Conditional Items and Consider Approving Purchase and Direction to Set Purchase Closing Date Mr. Jim Nardi of the Urban Group, Inc. stated that they are asking the Board to exercise the Option Agreement with the Relax Inn. The results of the phase 2 environmental testing came back without any problems. Upon exercising the Option Agreement, a closing within 30 days must take place and the City Attorney's Office is ready to move forward. He reported that the Board has already approved the quote for the demolition of the building. Mr. Nardi reported that the property owner requested that he be allowed extended occupancy beyond the closing. He reported that the property owners' parents reside on the property and would like to remain for six months until their new house is ready. They have offered to pay rent and would like to continue to operate the business after the closing. Mr. Aguila pointed out that the liability would be on the City after the purchase of the property. Mr. Fenton asked Mr. Nardi for his recommendation and he stated that the rent derived from the property would not outweigh the risk. Chairman Finkelstein stated that CRA has purchased the property at a premium price and felt operation of the business would interfere with moving forward with the redevelopment plans. Mr. Aguila would like to move forward with demolition of the building. Motion Mr. Fenton moved that they exercise their option to close within thirty (30) days. Motion seconded by Mr. Aguila. Chairman Finkelstein inquired if they were prepared to move forward within 30 days and Attorney Payne said that they could make the time limit. Mr. Tillman inquired that before they move forward with the ownership would they assume any liabilities of the previous owners. Chairman Finkelstein pointed out that' the contract states that they would receive the property free and clear of all tenants and occupants. Mr. Nardi also stated that they would receive marketable title that would negate any prior liabilities. Vote Motion unanimously carried. 3 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 10, 2002 IV. Public Hearings New Business A. Land Use Plan AmendmentJRezoning Project Name: Agent: Owner: Location: Description Proposed Use: The Harbors (LUAR 02-005) Jennifer Morton, Land Design South Schgai, Inc. 2300 North Federal Highway Request to Amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Special High Density Residential (SHDR); and Request to Rezone from (C-3) Community Commercial to (IPUD) Infill Planned Unit Development. Development of 54 fee-simple townhouses B. New Site Plan Project Name: Agent: Owner: Location: Description: The Harbors (NWSP 02-012) Jennifer Morton, Land Design South Schgai, Inc. 2300 North Federal Highway Request to construct 4 fee-simple townhouse units on 3.21 acres. This request for master plan and site plan approval will be contingent upon the approval of the concurrent land use amendment/rezoning application (LUAR 02-005) Attorney Payne administered the oath to all persons who would be testifying. Dick Hudson, Senior Planner, requested that both items be heard simultaneously, which was agreed to. Mr. Hudson presented the items on behalf of staff. Mr. Hudson pointed out that the adjacent properties are single-family homes in Las Palmas, which are zoned Iow density residential with 4.84 du/ac and are R-l-AA. There is developed commercial to the northwest, which is classified Local Retail Commercial and zoned C-3 Community Commercial. South of the property is the new Intracoastal Park and to the east is the right-of-way to the Intracoastal Waterway. West of the site is U.S. 1 and the FEC railroad. Since this is a 4 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 10, 2002 considered a small scale land use amendment and is less than 10 acres, it can be approved by the City prior to being transmitted to the State for review. The applicant meets all eight criteria in analyzing a land use amendment/rezoning. Mr. Hudson pointed out that the applicant is seeking an Infill Planned Unit Development (IPUD), which has recently been adopted to assist with redevelopment and inflll along the Federal Highway Corridor. It was anticipated that anyone applying for an IPUD would develop standards that would exceed the standards of the current development code in terms of site design, building architecture and construction materials, amenities and landscape design. Staff does not see any degree of excellence in the site plan and this is the first IPUD to come before staff. Staff acknowledges that the site is long and narrow from Federal Highway to the Intracoastal, which does place some limitations on the projects. Mr. Hudson noted that the plan only calls for four of the residences to have a view of the Intracoastal and only one of those four has any amenities that allow access to the Intracoastal. Mr. Hudson pointed out that only one unit has a balcony and the other units-only have glass windows. Mr. Hudson also stated that the units that are on Federal Highway have a blank wall outside their door when they exit their unit and only one unit has a balcony. Other units look across the street to the gas station and Federal Highway, which indicates that. they are not taking advantage of the site. The units are only 25' from front door to front door across the paseo and another 25' from garage door to garage door and are just stacked on the site. This is a very visible location and is one of the first things that people would see when they drive into the City. Also, staff feels that there is a lack of outdoor amenities. The only amenity is the swimming pool and a cabana that would be adjacent to the Intracoastal docking area. Staff feels that the location of the pool is not adequate and many of the residents would have to walk a long distance to the pool without any shade or even a bench to sit on. Mr. Hudson also pointed out that there are five parallel parking spaces along the recreation area except for the handicap space. The nearest space is about 190' from the pool and there is insufficient parking for guests. Also, the landscaping is deficient. Staff would also like to see more pervious areas. In conclusion, Mr. Hudson stated that even though the project is consistent with the Comprehensive Plan, staff recommends denial for the reasons stated above. Eric Johnson presented the site plan. Mr. Johnson stated that the project would reduce traffic and meets the traffic performance standards of Palm Beach County. There is only one point of ingress and egress that is located off Las Palmas. The applicant plans to use brick pavers to present a more attractive look. There are two points of pedestrian egress/ingress; one is along the Las Palmas egress and 5 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 10, 2002 the other one would connect to Intracoastal Park. Staff does endorse the concept of the entrance to Intracoastal Park. Required parking for a three-bedroom townhouse is two parking spaces per unit and together with the recreational area, the development would require 113 parking spaces. The site plan proposes 122. Each unit will have a two-car garage that is 20' in width; 17'3" in length; and the opening of the garage door will be 16' in width. Behind each unit there is 18' of asphalt for vehicular backup space. When backing your car out of the garage, the driver would have to make a 3.2° turn. Normally, the backup distance for these types of stalls in the CRA would be 24 feet and the City requires 27'. This project proposes 18'. This has been reviewed by the Engineering Division that stated this would be sufficient. The IPUD zoning district has no actual building setback requirements. However, the buildings should be arranged in such a way that they would exceed the basic development standards and this should be considered when reviewing the application. The colors of the buildings will be multi-colored ranging from light yellow to brown and an entry wall sign is proposed at Federal Highway. Mr. Johnson noted that staff would like to convert the use from commercial to residential, however staff objects to the project because of specific design issues that had been discussed previously by Mr. Hudson. Staff recommends increasing the width of the paseo, which would allow for increased trees, shrubs and on-site amenities. Staff would like to see the buildings angled or staggered so that more units could have visual access to the Intracoastal Waterway or the Park. Staff also feels that the development lacks overflow or visitor parking and the parallel parking spaces provided are not sufficient. Staff also feels that the garage cannot accommodate two large size vehicles and that people will end up parking in the parallel parking spaces. If there are any vehicles parked along the driveway, this would prevent someone from backing out of their garage. This could present unsafe driving conditions, as well as an unattractive living environment. Staff is recommending denial based upon comments in the staff report and the unresolved issues addressed in Exhibit C. If the item is approved, staff has included 64 conditions of approval. Mr. Johnson pointed out that 48 and 56 are duplicate, so actually there are 63 conditions of approval. Michael Weiner, representing Centex Homes, assumed the podium and stated that Bob Bentz will be addressing the details of the project. Mr. Weiner pointed out that they are not asking for any waivers or variances and the project is less than the density allowed. The City has moved forward with introducing IPUDs that allow 20 units per acre. Mr. Weiner pointed out that they would be making significant improvements to the site. The project is consistent with the surrounding 6 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 10, 2002 zoning, is compatible with the Comprehensive Plan, and will assist the economic development of the CRA. Bob Bentz the Land Planner with Land Design South for the development assumed the podium and noted that the issue is the site plan. Mr. Bentz introduced Mr. Kevin Borkenhagen from Centex Homes. He pointed out that Centex Homes has several.projects in South Florida, Delray and Hypoluxo and all of those projects are similar to the one being presented. Mr. Bentz felt that the new Intracoastal Park would be a great amenity to their development, in addition to all the other residents in the area. Mr. Bentz presented a PowerPoint presentation of the project. Mr. Bentz pointed out that there are 12 buildings located along the southem boundary of the property with a 13th building along Las Palmas. All of the buildings, with the exception of one, are four unit buildings that total 54 residential units. The major recreational area will be the current pool on the property that will be enhanced and enlarged and will be a major amenity. He pointed out that this is an urban, infill project and is designed for the residents more than their vehicles. A slide of the garage was presented that showed two cars in the garage and he stated that the backup area actually totals 26'. An artist's rendering of how the buildings would look was presented with the paseo in the middle. Next .presented was a slide on the main entrance that also contained a walkway with ancillary walkways to the individual residences. The entryway will be lined with six McArthur Palms, plus a Paurotis Palm in the middle with some Coconut Palm trees. There will be a significant amount of shrubbery throughout the overall site. The pool and cabana area will remain. Mr. Bentz pointed out that they only have 90' of frontage along the Intracoastal Waterway and four units will have a view of the Intracoastal. If they could have placed more units in this area they would have. There are 12 end units and each end unit is three-stories in height with views of the Park and a potential view towards the Intracoastal Waterway that would sell at a premium. The main parking for the Intracoastal Park abuts their property along the south. There will be walkway to the Park from the development that will provide the residents an opportunity to enjoy the Park. Mr. Bentz stated that the restaurant would be razed The project would reduce the traffic generation by 1,400 trips compared to its current use. Mr. Bentz pointed out that this is not a rental community, but will be home ownership. Mr. Bentz concluded his presentation. Mr. Weiner wished to place in the record that the project would support the Comprehensive Plan Policy and the Federal Highway Corridor Community 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 10, 2002 Redevelopment Plan that deals with Planning Areas 1 and 5. The project is in Planning Area 1. The Comprehensive Plan promotes compact developments and the City should continue to offer a full range of housing choices by allowing various densities. Also, the project is consistent with the Visions 20/20 Redevelopment Master Plan. Mr. Weiner pointed out that the overall goal for these two planning areas is to provide a strong residential base that is aesthetically inviting. The way the housing was presented would make a statement when entering the City. In summary, Mr. Weiner pointed out that the project is in line with Comprehensive Plan, the Visions 20/20 Plan and the Federal Highway Corridor Plan. Also, he noted that staff said they were compatible with the surrounding property owners, that the project would provide an economic development benefit to the City and they have met the burden of proof in accordance with the Comprehensive Plan. Chairman Finkelstein opened up the Public Hearing. Julie Szymkowski, 655 Las Palmas Park, has lived at her house for the past 30 years. Ms. Szymkowski did not want the applicant to use Intracoastal Park for their overflow parking. She felt that by putting in a pedestrian walkway the people living in that development would be spending their time at the Park. Also, she thought the project might create additional traffic. Sally Dalton, 650 Las Palmas Park, said that the Texaco gas station has created a great amount of traffic and she felt that all the cars exiting from the development would create more traffic problems. Chairman Finkelstein closed the Public Hearing. Chairman Finkelstein inquired if the applicant wished to respond to the public comment. Mr. Weiner responded that there would be improvements to Las Palmas Boulevard and Federal Highway. The lights will become synchronized and improved to three lanes. The usage will also eliminate 400 trips. Mr. Weiner did not think that any residents of the development would use the Intracoastal parking lot to park their vehicles, which is quite a distance from the development. Member Comments Mr. Aguila questioned staff comment #11 that dealt with lighting fixtures that shall be operated by photoelectrical control and would remain on until 2:00 a.m. and 8 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 10, 2002 that artificial lighting used to illuminate any property shall be directed away from all residential districts. Laurinda Logan of the Engineering Department assumed the podium and stated that this was a comment generated from her Department. They were concerned about the lighting going onto the residential property that abuts the development. She also stated that the lights had to go off no later 2:00 a.m. and must be shielded from adjacent properties. Comment #51 recommends including the site address on the wall sign. Mr. Aguila asked why this was being recommended. Mr. Johnson said this was the result of the Planning and Development Board that requested that all addresses be on the monument signs. Mr. Aguila felt that the project was jammed, and he did not feel that the homes were "upscale." He further pointed out that if the applicant could have put in 64 units, they would have. Mr. Bentz responded that because they were townhomes they could only put in 54, but if condominiums were built 64 could have been possible. Mr. Aguila pointed out that the site plan referenced two types of light, but they were not described. Mr. Bentz said there would only be one type of light, but they have not made a choice. Mr. ^guila also thought that 20' between the units was too narrow and there are too many rows of houses. He felt if the applicant took out some of the rows, they would be able to come up with a more upscale project. Also, Mr. Aguila said there were not enough balconies on the buildings, and he did not understand the details for the dumpster whatsoever. He also did not like the wall. Mr. Aguila also pointed out potential problems with the garages, if people did not use them, but chose to park on the street, thereby creating serious parking problems. Mr. Aguila said he could not support the project based on the design presented. Mr. Tillman felt that the project offered poor views, as well as poor parking. He also pointed out that the design does not exceed the development standards that staff recommended. Mr. Tillman questioned the statement that each one of the units would either have a park or waterway view. He did not think that this would be possible and that the views were actually obstructed. Mr. Tillman would like to see an excellent project that would hallmark the entrance to the City. He does not feel that this project meets this requirement. Mr. Fenton agreed with Mr. Tillman's comments and felt that the waterfront units should all contain balconies so that people could sit out and enjoy the view. Also, Mr. Fenton felt that the landscaping did not meet the requirements for Florida natives, and he would like to see some Florida natives added. 9 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 10, 2002 Vice Chair Heavilin said that she agreed with the concept of the project, but had some real concerns about the parking. She also noted that it would be difficult for emergency vehicles entering and leaving the property. She would also like to see more guest parking. For the record, Vice Chair Heavilin said that she had met with some of the applicant's representatives. She would like to see more balconies and more ornamentation. Vice Chair Heavilin did not think that a direct view was necessary and that people would buy a unit that was in proximity of the water view. She said that she would approve the zoning request if the right changes were made to the site plan. Mr. Weiner pointed out that they agreed with 55 of staff comments and of the remaining eight, there are only four or five conditions that they have a concern with. Chairman Finkelstein inquired if there would be any bathrooms at the cabana and was informed there would be. Chairman Finkelstein also felt that the drive aisles were void of architectural elements. Mr. DeMarco said it was his understanding that this was the first draft and requested that the applicant get together with Planning and Zoning and go over the comments made tonight and come up with something that staff would approve. Mr. Weiner said they would be willing to work with staff to address their concerns. Mr. Tillman said that the project is too tight and he does not want to see it on Federal Highway. He would like to see some ambiance. Mr. Aguila wants less units, more separation between buildings, more landscaping, solid walls, more architectural ornamentation on the sides, and dumpsters need to be addressed. Mr. Aguila does not feel that the project could be accomplished without going back to the drawing board. Mr. Bentz responded to many of the points raised by members and stated that this development is family-oriented for people who want to live in a more urban environment. He did acknowledge that certain larger vehicles would not fit into the garage. Mr. Bentz felt that the development would be a positive asset to the City and would bring a different kind of buyer into the City. He pointed out that the cost for the property is very expensive and if they could reduce the number of units they would. Mr. Bentz said it was never their intent that everyone would be able to have a water view. Mr. Bentz said they are flexible on the architecture of the site and would be willing to look at adding some architectural detail and more balconies. He acknowledged that they are not putting much emphasis on the back of the project and it is simply being used as a driveway. They are concentrating more on the front of the units. 10 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 10, 2002 He feels that the layout of the driveways will work as they have on other projects that they have worked on. They would also be agreeable to adding more landscaping and relocating the current Coconut Trees on the property onto the site, as well as adding more native trees. In conclusion Mr. Weiner stated that they tried to design the development the way the staff wanted, but it did not work. He also pointed out that they agreed with 55 of the 63 staff comments and with some direction, he felt they could work with staff between now and the Commission meeting. Vice Chair Heavilin asked the applicant if he looked at adding more parking spaces, and Mr. Bentz stated that they could not add any additional parking without taking away some landscaping. Also, the deed restrictions would require the residents to park their vehicles in the garage and that the parking spaces are reserved for guests. Chairman Finkelstein inquired if the applicant wanted the Board to vote on the project tonight and move it forward to the Commission regardless of the outcome of the vote, rather than going back and working with staff. Mr. Weiner requested time to speak with the applicant. Mr. Weiner said that they would agree to a postponement in order to work things out and asked that the item be tabled to the next CRA meeting. Motion Mr. Aguila moved to table the item until the CRA Board Meeting of October 8, 2002. Motion seconded by Don Fenton. Motion carried 5-1 (Vice Chair Heavilin dissenting.) Administrative Appeal C. 1. Project Name: Agent: Owner: Location: Description: Gateway Texaco (ADAP 02-001) Beril Kruger, Planning and Zoning Consultants Zuhair Marouf 2360 N. Federal Highway N. Federal Highway at Las Palmas Request for appeal of administrative 'determination that proposed improvement to gas station/convenience store would be an unlawful expansion of a legal, non- conforming use. 11 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 10, 2002 Motion Mr. Aguila moved to table. Motion seconded by Vice Chair Heavilin and unanimously carried. Mr. F~.nton moved to recess at 8:15 p.m. The Meeting reconvened at 8:25 p.m. VI. Director's Report A. Project Updates City Manager Kurt Bressner was present to address the Old High School and Mr. Hutchinson requested that Item 5 be moved up. Members agreed to address the item first. Request from the Mayor and City Commission for the CRA to Develop an Alternative Use Plan for the Old High School City Manager Bressner reported that the City Commission has requested that the CRA look at alternative plans for the Old High School. He reported that the group that was trying to preserve the High School needed some outside ideas and the Commission felt that the CRA would be the best body that could address the issue. Mr. Bressner reported that there is $250,000 in the CIP budget for the demolition of the building. He pointed out that this has gone full circle and this is the original Board that recommended to the Commission that the building be demolished. Mr. Bressner said that $50,000 would be available to the CRA to proceed with this request. He felt that the capital costs of refurbishing the building needed to be looked at, as well as operation and maintenance expenses. Most of the ventures that have been proposed to the City have been made with very little funding. Mr. Aguila asked for an update on the condition of the building and if there was an urgency to come to a resolution. Mr. Hutchinson reported that the building is sound structurally. There is a concern about termites, but the building is in need of moisture protection, such as a roof and replacing missing windows. There have been bids to re-roof and stabilize, which are well under $200,000. The hazards in the building are fleas and pigeon droppings. Mr. Aguila asked if the Board should find a qualified professional to do a study or should the Board do it in-house? Mr. Hutchinson said that he would come back to the Board with an outline of various strategies. He noted that there has been a lot of money spent to date on 12 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 10, 2002 studies. He concluded that no one entity could take over the preperty on its own, and yet many people have expressed an interest in having space in the building. Mr. Bressner said that the City is going to have to move forward to acquire property for parking for the Library expansion and it appears that the balance of the money would be used for that purpose. When Mr. Hutchinson comes back with an outline, Mr. Bressner will present that to the Commission and then a request can be made for the $50,000, but the $200,000 will be used for other purposes. Vice Chair Heavilin inquired about the demolition costs versus the restoration of the building. Mr. Bressner responded that demolition would cost $250,000, however, estimates for restoration are between $4 to $5 million, plus any type of adaptive reuse costs. Mr. Fenton inquired why this was being brought back to the Board since he voted against tearing it down when it first came before the Board. However, he does not want to spend any CRA money on refurbishing a building that has no economic value. He pointed out that the committee formed to save the building reised a meager $1,800 and there is no public support for saving the building. Mr. Fenton noted that the purpose of the CRA is to enhance economic activity in the CRA area. Mr. Aguila felt it deserved one more look. Mr. Tillman does not want to spend any more time or money on the High School and felt it is time to move on. He said that Mr. Hutchinson's agenda was filled with work and projects and did not think he should have to spend time on this. Further, Mr. Tillman noted that $50,000 is not enough money to move the project forward. Mr. Bressner said that the CRA has to either accept or reject the $50,000 and decide whether they want to deal with the project. Mr. DeMarco suggested asking the developer that remodeled the Delray School to look at the High School and get his opinion on whether it would be worthwhile to do anything with the building. Mr. Bressner responded that this has already been done and the upkeep of the building would have an annual cost of approximately $400,000 to $600,000. Chairman Finkelstein agreed with Messrs. Fenton and Tillman and felt the CRA plate is very full and he would like to see the building razed. He noted that there already is a remodeled school and he would like to have a beautiful entry way built leading to the school that could include landscaping and a reflective pond. Chairman Finkelstein said he would be willing to wait another month and have Mr. Hutchinson come back to the Board with some suggestions. He did not want the CRA to fund this type of.project. 13 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 10, 2002 There was a consensus among the Board that Mr. Hutchinson will bring his suggestions to the October 8th meeting at which time the Board will make a decision on how to proceed. Mr. Hutchinson requested that under New Business, Item K. (Consideration of Negotiation for Acquisition of Properties for the Boynton Beach Boulevard Extension, the Promenade, Riverwalk and Mangrove Park Expansion) and Item L. (Consideration of a Request for City funds in support of Acquisition of Properties for the Boynton Beach Boulevard, the Promenade, Riverwalk and Mangrove Park Expansion) be addressed while Mr. Bressner was still present. Chairman Finkelstein noted that the Board has already given its approval to the Commission to take the Riverwalk properties by eminent domain and that the City has put $385,000 into the pool for acquisition purposes. The $385,000 was held back until it was determined how much property would be acquired. Mr. Bressner felt that it would beneficial to acquire the entire property. The City feels that having the mangrove area contiguous to the existing Mangrove Park would provide additional opportunities for outdoor experiences and expansion of the walkway area. Also, if the CRA acquired the property, it would eliminate the possibility of a visual barrier for redevelopment opportunities along Federal Highway. Mr. Bressner would like the parties to work together to acquire all the parcels. Members agreed to proceed in this direction. Motion Mr. Fenton moved to request from the City Commission that the balance of the funds of approximately $385,000 be transferred to the CRA for the purpose of acquiring the balance of the parcels for the extension of the Promenade and the Riverwalk. Motion seconded by Mr. DeMarco and unanimously carried. Motion Mr. DeMarco moved to authorize Mr. Hutchinson to negotiate the purchase of the Hall and Reese properties for the Boynton Beach Boulevard Extension, the Promenade, Riverwalk and Mangrove Park Expansion. Motion seconded by Mr. Tillman and unanimously carried. 1. Update on Transfer Funds to CRA Operating Account Mr. Hutchinson reported that he met with Mr. Bressner, Diane Reese and Susan Vielhauer, the new CRA Controller. He stated that on the October 1st City Commission Agenda, there will be a request to have the funds transferred to the CRA for its own independent accounting program and operations. He is also presenting the Policy Statements tonight because they must be in place. 14 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 10, 2002 Mr. Hutchinson stated that the computers have arrived and are being loaded with the necessary software. The accounting package should be in by October 1st and will be up and running. Chairman Finkelstein inquired if the computers would be linked to the City for payroll processing and Mr. Hutchinson said that they were. Mr. Hutchinson responded that they are City employees because they are using the City's tax number. They are also having problems getting benefits because they are a small office. The City offered to run the CRA employees as City employees and that the CRA make one check out monthly to reimburse the City. Chairman Finkelstein did not think that this could be done with contract employees. Mr. Hutchinson stated that even though they would become City employees, they would still be hired and fired by the CRA Board. Attorney Payne was not sure if this was the intent of the Board and she has not been consulted on this. Mr. Hutchinson pointed out that when he and Ms. Vielhauer signed their contracts, it was stated that as soon as the CRA could have employee status, they would switch from contract employees to employee status. Mr. Hutchinson stated that they cannot apply for a Federal I.D. number because they do not have any bylaws or articles of incorporation because they are governed by the State of Florida. Attorney Payne stated that the CRA has its own State Statutes, which acts as their bylaws. Attorney Payne pointed out that the CRA is a separate entity and they are employees of the CRA and not the City. Mr. Hutchinson said that if they did not obtain employee status, they would not have any benefits. Chairman Finkelstein said that they would receive benefits and this was to be covered in the Policy and Procedures Manual. The CRA would become the employer and Mr. Hutchinson and his staff would be CRA employees. Mr. Hutchinson requested that Legal work with Finance to get this straightened out in order to obtain their own Federal Tax I.D. number. It was agreed that Attorney Payne and Mr. Hutchinson would get together and review these items. Chairman Finkelstein noted that the discussion of change in employee status had nothing to do with the transfer of the funds and that this would appear on the Commission Agenda for October 1st. 2. Reminder of Ending of Director's Probationary Period The status would remain as is. Review Comments for Fa(;ade Grant Program Revisions for 2002~2003 and Direction for Existing Applications 15 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 10, 2002 Mr. Hutchinson reported that he had three applications and requested direction on how to proceed. Chairman Finkelstein recalled that at one of the workshops Mr. Hutchinson presented some changes to the existing pregram and more money was added to the program. Mr. Hutchinson was going to redraft the procedures and bring them back tO the Board for approval. Mr. Hutchinson was instructed to bring his revised program to the next meeting and to hold onto the applications until the new program is approved. The applicants could then apply under the new pregram. 4. Update on Office Space Mr. Hutchinson reported that Gene Moore informed him that he had a 1,200 square foot office available at $1,000 per month on the first floor of his building. He also reported that Mr. Weiner gave him a renovation drawing of the front of the former Blossom Shop and that space could also be available in short order. The rent would be on a month-to-month basis, on a square foot basis. Chairman Finkelstein reported that he has not heard back from Bank of America. Mr. Fenton asked for details on the former Blossom Shop. Chairman Finkelstein said that the space consists of 3,400 square feet at $12 per square foot, triple net. Mr. VVeiner said that he could not match Mr. Moore's offer. If the CRA would like to move there on a short-term basis, he would like to discuss renovating approximately 300 to 400 square feet. He felt that this would be the perfect place for the CRA because it would be on the street. Mr. VVeiner said he could have the building ready as soon as possible, depending upon how fast the City could move on it. Mr. Fenton asked about parking and Mr. Weiner responded there are 14 spaces available, including the garages. Mr. Aguila felt that the CRA should move on this as soon as possible and to accept Mr. Moore's offer temporarily. Motion Mr. Aguila moved to authorize the CRA Director to get with Gene Moore to work out a temporary space on a month-to-month basis in his building next to the Chamber of Commerce while he continues to research other office possibilities not to exceed $1,000 per month gross. Motion seconded by Mr. Tillman and unanimously carried. 16 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 10, 2002 6. Board Update on Ocean District Plan Mr. Hutchinson referred to the document furnished to members that was prepared by the Planning Division. He announced that some public hearings will be taking place for public input in October and requested that some of the Board members attend. The dates have not been set, but as soon as they are known Mr. Hutchinson will notify all Board members. 7. Incentives Program Outline for CRA Cash Contributions Mr. Hutchinson requested that members come up with items that they would like to include in the program. Chairman Finkelstein handed his comments to Mr. Hutchinson. VII. Unfinished Business None VIII. New Business Review Relax Inn Contract and Conditional Items and Consider Approving Purchase and Direction to Set Purchasing Closing date (previously addressed) B. Review of Trash Collection for the CRA Area Mr. Fenton said that he requested this item be placed on the Agenda. He noted that the City controls collection of trash and there is no competition, which leads to a higher cost. There are many commercial projects in the CRA area that would be in need of trash collection, and he would like a study done by staff. He would like to determine the cost for trash collection by commercial users compared to comparable cities in the area that have the free enterprise system and the quality of the service. Developers have told him that they have had to shut down because the trash isn't pick up on time. Mr. Fenton felt this is an important issue and that developers should be allowed to use competitive bidding. Mr. Henderson did not think that this was an area that the Board should become involved in. If private enterprise would like to come into the City, this is something they should follow through on their own. Mr. ^guila explained that a developer does not have a choice in Boynton Beach and must use the City for trash collection. 17 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 10, 2002 Further, Mr. Fenton stated that the Board cannot change this, but must make a recommendation to the City Commission. Mr. Fenton would like private enterprise to be able to compete with the City on both pdce and services. Mr. Fenton suggested contacting some of the surrounding cities to determine their pricing mechanism. He has been told that Boynton Beach is one of the highest in the a~ea. Mr. Aguila pointed out that most municipalities are not in the trash business. Mr. Hutchinson was requested to do an informal survey and bring the information back to the Board to see if there is a problem and for the Board to decide where to go from there. He will bring some information back to the Board to determine if there is a problem. Review Staff recommendations for selection of a firm for the CRA Signage Program and subsequently to develop and negotiate a consulting contract for the CRA Signage Program and bring a proposed document to the CRA Board for final approval. Mr. Hutchinson referred to the matrix included in the agenda packet of the companies that responded to the RFQ. CRA staff and Laurinda Logan from the Engineering Division ranked them. Of the seven that responded, three did not meet the basic qualifications. Mr. Hutchinson discussed the scope of the work that would be performed. Staff recommended going with Guidance Pathway Systems, Inc. that ranked No. 1. He also suggested that the Board could have the top two finishers come in to make presentations if they preferred. Mr. Aguila inquired if a budget was identified with the RFQ, and Mr. Hutchison responded $25,000. Mr. Aguila inquired what the bidder was expected to do with $25,000. Mr. Hutchinson said that they would do the design, location and installation. There was a consensus to go with Guidance Pathway Systems, Inc. that finished first. Request for Qualifications for Architectural/Engineering Services for the Construction of the Extension of Boynton Beach Boulevard and the Promenade Phase I, II & III Located Adjacent to the Marina Project Mr. Hutchinson stated that this was not ready to be addressed. Review Candidate for Controller and Consider Approval of Contract and Fees to Robert Half Agency 18 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 10, 2002 Chairman Finkelstein noted that the Robert Half Contract was never received. Mr. Hutchinson stated that the only contract is the letter from Robert Half Finance and Accounting. Mr. Aguila inquired where the 25% fee would come from and Mr. Hutchinson stated that it would come from Personnel from the old budget. Motion Vice Chair Heavilin moved to approve the contract of Susan Vielhauer as Controller and to pay the fees to Robert Half Agency. Motion seconded by Mr. Fenton and unanimously carried. Attorney Payne said that the Board should review the contract with Robert Half Agency prior to approving it. Chairman Finkelstein said that the payment of the fee should be postponed until the contract with Robert Half Agency is reviewed. Vice Chair Heavilin amended her motion to state that only the contract to hire Susan Vielhauer as Controller be approved effective September 3, 2002. Mr. Fenton seconded the amended motion that unanimously carried, Attorney Payne pointed out that the Contract should not have been executed until tonight when it was approved. Chairman Finkelstein pointed out that this was discussed at the workshop, and Attorney Payne stated that you cannot take formal action at a workshop. Em Review of Insurance Policies and Bonding Submitted by Controller for CRA Coverage and Consider Reimbursement of Costs as per the Employment Contract Motion Mr. Aguila moved to approve the insurance package as submitted for Susan Vielhauer. Motion seconded by Vice Chair Heavilin and unanimously carried. G. Consideration of Approval of a CRA Secretary Mr. Hutchinson reported that over 100 resumes were received in response to the first ad for the secretary who has since left. He spoke to a local agency, A&A Associates, that had some qualified people. Mr. Hutchinson introduced Annette Gray who has an MBA and her resume is included in the packet. A&A Associates also provides a 60-day replacement guarantee and Ms. Gray will be paid by the hour until her probation is over. 19 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 10, 2002 Her skills are excellent and Mr. Hutchinson was of the opinion if he were in a position to hire an assistant she would be a prime candidate. Mr. Hutchinson would like her to begin work on October 1, 2002. Chairman Finkelstein requested that Mr. Hutchinson obtain a 90-day guarantee as opposed to a 60-day. Chairman Finkelstein also pointed out that if Ms. Gray worked for 90 days on a temp-to-hire basis, A&A would discount their fee 33% for every 240 temporary billable hours, which in effect means that there would not be a placement fee. Mr. Fenton requested that Ms. Gray address the Board and give a brief summary of her background and experience. Ms. Gray responded that she has worked seven years in a corporete environment. She has lived in Florida for approximately five years and is originally from Jamaica. Ms. Gray said that she has a strong customer service, computer, marketing and event planning background. She is also involved with FAU as a Micro Business Instructor dealing with small business associations. Her interests in working with community progrems stems, from her association with FAU. Chairman Finkelstein inquired if credit and criminal background checks would be run on Ms. Gray. Mr. Hutchinson stated that they were run on both new employees and are contained in their files. Motion Mr. Fenton moved to engage Annette Gray for the CRA Secretary position at a salary of $35,000 per year with benefits after the 90-day probation period. Motion seconded by Mr. Aguila and unanimously carried. H. Review and Consideration Policy Manual, Purchasing Operations Manual for approval Procedures of the CRA Personnel Manual and Financial Chairman Finkelstein requested that the Board approve the Manuals and if there are any comments after they are approved, they can always be changed. He pointed out that these policies need to be in place to receive the funds. Motion Mr. DeMarco moved for approval. Motion seconded by Mr. Aguila and unanimously approved. (Mr. Tillman left the meeting at 10:00 p.m.) 20 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 10, 2002 Vice Chair Heavilin questioned that there was no vacation time during the first year. Mr. Hutchinson stated that they are not recommending this. He pointed out that the majority of the Policy Manual was taken from the City's Manual; Vote Motion carried 5-0. I. Consideration of 2002~2003 CRA Budget Mr. Hutchinson spoke with the City of Delray Beach and they have budgeted between $75,000 to $250,000 for design guidelines. Mr. Hutchinson noted at the workshop $30,000 was budgeted for design guidelines and he would like to increase this to $100,000. Chairman Finkelstein remarked about the bonding and insurance line items. Mr. Hutchinson pointed out that the CRA is paying for his bond for one year and is also paying for Ms. Vielhauer's bond for one year. Next year they should be able to get these in one policy at a cost savings. Chairman Finkelstein requested that the $385,000 from the City for the Riverwalk Project be included under income, plus the $200,000 that the CRA would be contributing. He requested that $550,000 be added to the reserves. Mr. Hutchinson said he would go back and prepare a budget with an estimated beginning balance beginning on October 1,2002 through September 30, 2002 Motion Mr. Fenton moved to accept the proposed budget, as amended. Motion seconded by Vice Chair Heavilin and unanimously carried. Jw Consideration of Payoff of CRA Loan at Bank of America and Seek Proposals to Establish a Line of Credit Chairman Finkelstein would like to approach Bank of America regarding paying off the loan and converting to a $3 million line of credit with no costs whatsoever. Mr. Hutchinson stated that when the CRA goes for a letter of credit, this needs to be done competitively. Chairman Finkelstein said that when they are ready to use the line of credit they could go to three banks and get bids, while ensuring that the funds would be there. Mr. Fenton agreed with this concept and felt that they were not given the proper options previously. Chairman Finkelstein emphasized that before closing relations with the Bank of America, they should try to convert to a line of credit; and then they could check with other banks to determine their rates when there is a need for funds. Mr. Hutchinson said that he needs a formal motion. 21 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 10, 2002 Motion Mr. Fenton moved that they approach Bank of America with regard to paying off the loan and converting to a $3 million line of credit with no costs whatsoever. Motion seconded by Mr. DeMarco and unanimously carried. IX. Other Items X. Public Audience Xl. Adjournment There being no further business, the meeting properly adjourned at 10:15 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (three tapes) (September 12, 2002) 22 B. Consideration of a revision to the Month to Month Lease authorization for CRA Offices at 639 E. Ocean Ave, Suite 107. Memorandum To: CRA Board From: Douglas Hutchinson Date: 10/2/02 Re: Consideration of revisions to the Month to Month lease for CRA office At the previous CRA Board meeting on September 10, 2002 the CRA Board authorized the Director to secure a Month to Month lease for a CRA office located at 639 E. Ocean Ave. Suite number 107 Boynton Beach FI, 33435 with Gene Moore in the amount of $1000.00 per month. However, the actual lease with Mr. Moore will also include a POA fee of $120.00 per month, making the total monthly lease amount $1120.00. Staff requests authorization to sign the Month to Month lease in the amount of $1120.00. ¢. Recommendation to the City Commission for the Acquisition of Properties for the Boynton Beach Blvd. extension, the Promenade, Riverwalk and Mangrove Park expansion. Memo To: From: Subject: Date: CRA Board Douglas Hutchinson Property Acquisition for Boynton Beach Blvd. Extension, Promenade, Riverwalk and Mangrove Park Expansion. October 2, 2002 The CRA was charged with trying to negotiate a purchase of property from Mrs. Janet Hall for the Boynton Beach Blvd. Extension, Promenade, Riverwalk and Mangrove Park Expansion after many previous attempts by the City had failed. I have met with Judy Andrews, Janet Hall's daughter, along with their counsel, Adams Weaver. In my opinion, based on the significant research and appraisals done at the Board's direction and cost, I believe the Hall's asking price is unrealistic and unsupportable. Staff therefore recommends that the CRA Board reaffirm its previous request of the City Commission to acquire these parcels through condemnation action. This item has been on the "Future Agenda Items" section of the City Commission Agenda for several months awaiting the results of our efforts. V. Public Hearing Planning and Zoning Hearing Items Old Business A. Land Use Plan Amendment/Rezoning The Harbors (LUAR 02-005) DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 02-162 REVISED TO: FROM: Chairman and Members Community Redevelopment Agency Board Michael W. Rumpf Director of Planning and Zoning DATE: October 3, 2002 Proj ect/Applicant: PROJECT DESCRIPTION The Harbors/Centex Homes Agent: Jennifer Morton of Land Design South Owner: SCHGAI, Inc. Location: 2300 N. Federal Highway (Caf6 La Notre) File No: Land Use Amendment/Rezoning (LUAR 02-005) Property Description: Developed property consisting of+3.21 acres, classified Local Retail Commercial LRC) and zoned ~ ~nmunitS'~m~mlercial Proposed change/use:~the subject property from Local Retail Commercial (LRC) / to Special High Density Residential (SHD-20 du/ac), and rezone from C- / 3 Community Commercial to Infill Plarmed Unit Development (I?UD)jur ( ~to redevelop with 51 fee-simple townhouses. Adjacent Land Uses and Zoning: North: To the northeast, developed (Las Palmas) single family homes classified Low Density Residential (LDR - 4.84 du/ac) and zoned R-l-AA Single Family Residential and to the northwest, developed commercial land (gas station) classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial. South: Vacant land, currently being developed as the City's Intracoastal Park, designated Recreational (R) and zoned REC Recreation. East: Intracoastal Waterway West: Rights-of-way of Federal Highway and the Florida East Coast Railroad, then developed commercial property classified Local Retail Commercial (LRC) and zoned C-2 Neighborhood Commercial. Page 2 File Number: LUAR 02-005 The Harbors PROJECT ANALYSIS Chapter 163, Florida Statutes requires that in order for an amendment to the Future Land Use Map to qualify as a "small-scale" amendment, the property must be less than 10 acres in size. If the amendment involves a residential land use, the density must be 10 dwelling units or less per acre. An exception to the density limitation is permitted if the property is in an area designated in the comprehensive plan for urban infill, urban redevelopment or downtown revitalization. Even though the requested density for the site is greater than 10 du/ac, the parcel is less than 10 acres in size, is located within the expanded Community Redevelopment Area, and would be considered an urban redevelopment project. The subject property contains +3.21 acres, and therefore qualifies as a "small-scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. The eight criteria used to review Comprehensive Plan amendments and rezonings are listed in Article 2, Section 9, Adtninistration and Enforcement, Item C. Cotnprehensive Plan A~nendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. Whether the proposed land use amend~nent/rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Pahn Beach County Emergency Planning Division and the City's risk manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. The property in question does lie east of Federal Highway, and therefore is in the hurricane evacuation zone for a Category 1 (Saffir/Simpson Scale) hurricane. Under its present land use designation and zoning category, the property could be redeveloped for residential' use at a density of 10.8 dwelling units/acre for a total of 34 units. The applicant has amended the original request to an increase of 17 units and therefore falls below the density requiring risk management review; however, staff would recommend that the developer apprise each homebuyer in the development of the fact that they are buying property in a hurricane evacuation zone and provide a mechanism to disseminate continuing information to residents concerning hurricane evacuation and shelters through a homeowners' or residents' association. Policy 1.19.1 of the Land Use Element provides a definition of the Special High Density Residential land use classification, limits the use of the designation to the Coastal Area of the city and states that the maximum gross density is twenty (20) dwelling units per acre. Policy 1.13.3 states, "The City shall continue to encourage infill development and redevelopment by bnplementing actions of the Boynton Beach 20/20 Redevelopment Master Plan, and the policies contained in the Coastal Management Element." The adoption of the Infill Planned Unit Development (IPUD) regulations was a direct response to the cited policy directions as well as policy directions in the Federal Highway Corridor Community Redevelopment Plan. The introduction to the regulations states: Page 3 File Number: LUAR 02-005 The Harbors "It is a basic public expectation that landowners requesting the use of the IPUD district will develop design standards that exceed the standards of the basic development standards in terms of site design, building architecture and construction materials, amenities and landscape design. The extent of variance or exception to basic design standards, including but not limited to requirements for parking spaces, parking lot and circulation design, and setbacks, will be dependent on how well the above stated planning expectations are expressed in the proposed development plan." While both the land use amendment and rezoning are consistent with policies contained in the Future Land Use Element of the Comprehensive Plan, the master/site plan for the proposed development, which must be adopted simultaneously with the zoning designation, lacks minimum design attributes necessary for consistency with the cited requirements of the IPUD regulations. These are cited below: 1. Failure to consider the locational advantages of the site. While the site has constraints because of its narrow width and extreme depth, it has Intracoastal Waterway frontage and overlooks the site of the City's new Intracoastal Park. Inthe revised site plan (Exhibit B), the units facing the Intracoastal Waterway form a wall that almost totally cuts off visual access of both the waterway and the recreation site for any residents of the other units. The six-units fronting on Las Palmas have front entrances facing unadorned six-foot high walls. The second floor balconies provided on these units have views of the gas station and carwash across Las Palmas. The removal of one of the four-unit buildings has allowed the "paseos" or front entrance areas of the remaining 10 four-unit buildings to be increased from 25 feet to 32 and 33 feet. Unfortunately, this increase in width is not sufficient to allow the use of shade trees to vary the landscape materials; however, the use of more mature planting materials could create a better environment. The rear windows of these units now look out across 29 feet of driveway to the rear windows of adjacent buildings. Architecture. The applicant has justified the number of units on the site as being necessary because of the price of the property, yet the proposed plans provide very mundane units that are more suited for a traditional downtown setting of small blocks divided by alleys. It is important to encourage a range of housing opportunities throughout the City; however, in this location, quality would be preferable to quantity. Each of the buildings between the Intracoastal Waterway and Federal Highway is lined up and spaced almost equidistance apart. The additions of"bump outs" on the ends of the buildings will add some interest and relieve some of the plainness of the structures. Granted, there is no established architectural "character" in the area; however, elements of a Spanish Mediterranean style have been successfully used on the new Manatee Bay project and the past renovations to the Benvenuto's Restaurant, as well as the townhouse project to be reviewed later on this agenda. This same style could be used here to provide a development that Page 4 File Number: LUAR 02-005 The Harbors would be a signal for the gateway area. Nothing distinguishes this project or causes it to stand out in the memory. o Lack of residents' amenities. The proposed plan provides no private outdoor space for residents. The only amenities provided are a pool and "tiki' bar/cabana located adjacent to the boat docking areas at the Intracoastal. There is no mention of how, or even whether, the docks will be available for residents' use or how they will access this facility if it is to be used by them. If it is not to be a part of the development, there is no indication of how non- resident users will be provided with landside access. The pool area is approximately 900 feet from the units on the west end of the property. The applicant proposes a four-foot wide sidewalk leading through the development to allow pedestrian access to the facility. No benches, shade trees or other pedestrian amenities are proposed. Five of the 12 guest parking spaces are earmarked for the recreation area, though no spaces are designated for handicap use. The closest parking is 190 feet from the pool edge; the farthest is 360 feet away. The remaining guest parking spaces will provide only a little more than one guest space for each ten units. Landscaping. The proposed landscape plan provides little more than the minimum required of any development. Along the south and a portion of the north property lines, an existing five-foot high ficus hedge will soften the appearance of the enclosing wall for the homeowners. In areas where a new wall is to be built, the only softening elements will be outside the wall. In the driveway areas between buildings, the only softening element is a single Geiger tree between each pair of garage doors. The paseos fare somewhat better, however, the plantings cannot be called "lush". The "Site Data" table included with the site plan shows a pervious area of 29%. (The standards for Mixed Use-Low Intensity require a 30% minimum pervious area with a density of 40 du/ac.) This is an improvement over the existing site development; however, the property is currently a night club/restaurant and ancillary parking lot, not a residential neighborhood. IVhether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. In this portion of the Federal High~vay Corridor, there are a number of properties designated High Density Residential, interspersed with city owned lands designated for Recreational use. The requested amendment would not create an isolated or unrelated district. Rather, it is the existing Local Retail Commercial designation extending to the Intracoastal Waterway that forms an isolated and unrelated district. c. Whether changed or changing conditions make the proposed land use amendment/rezoning desirable. Page 5 File Number: LUAR 02-005 The Harbors A number of changed and changing conditions make the proposed land use amendment and rezoning desirable. The Federal Highway Corridor Community Redevelopment Plan, adopted by the City Commission on May 15,2001, included the following strategy to provide a strong residential base that is aesthetically inviting: "Encourage a variety of housing. Develop intensity standards that allow for a variety of housing styles and types at intensities that will assist in supporting the downtown and general economic expansion." In response to this strategy, the city adopted amendments to the land development regulations, adding the Infill Planned Unit Development ([PUD) zoning district to allow a greater range of housing types to be developed on infill parcels, specifically along Federal Highway in the entrance districts. Residential densities for the I?UD zoning district can range from 10.8 du/ac to 20 du/ac. The two entrance districts are defined by the redevelopment plan as the areas of the Federal Highway corridor from the north city limits to the Boynton (C-16) Canal, and from Woolbright Road to the south city limits. The II~UD zoning district regulations are relatively flexible in order to encourage developer creativity, including townhouse developments on small infill and redevelopment parcels. In addition, the South Florida housing market is experiencing a growing popularity of townhouse developments as a residential unit of choice, particularly in urban areas. It is difficult, however, to accept this master/site plan as proposed, which exploits the leniency of the IPUD regulations as one of the first, and most visible projects in the northern "gateway" to the City. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. Comparisons of water and sewer demands, provided by the applicant have not been revised to reflect the amended site plan. The original calculations show that the proposed use of the property will potentially increase water demands by slightly more than 2,000 gallons per day, yet decrease wastewater usage by over 11,000 gallons per day (see Attachment "B"). The traffic generation statement, that accompanied the application, states that the vested uses on the site generate 1,815 daily trips, while the proposed use equates to 378 trips per day. With respect to solid waste, the Solid Waste Authority has stated in a letter dated December 18,2001, that adequate capacity exists to accommodate the county's municipalities throughout the 1 O-year planning period. Lastly, drainage will be reviewed in detail as part of the review of the site plan, and must satisfy all requirements of the city and local drainage permitting authorities. Whether the proposed land use amendment/rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. The proposed land use amendment/rezoning is compatible with the current and future use of adjacent properties. It is the existing use of the property and the array of commercial uses that Could be placed on the site if it were redeveloped under the Local Retail Commercial designation, that create incompatibilities. Whether the property is physically and econo~nically developable under the existing zoning. Page 6 File Number: LUAR 02-005 The Harbors The property was developed as a restaurant many years ago, and recently applied for a conditional use permit to operate as a nightclub. It could be redeveloped with a variety of commercial uses permitted under the existing Local Retail Commercial land use and Community Commercial C-3 zoning. g. VVhether the proposed land use amendtnent/rezoning is ora scale which is reasonably related to the needs of the neighborhood and the city as a whole. With proper development, the site could be an example of the type of redevelopment and infill project that will help to underpin the redevelopment efforts in the Federal Highway Corridor and also increase the variety of types and styles of housing to support general economic expansion. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. There are very few residentially designated sites in the City that provide opportunities for small to medium-sized infill developments. CONCLUSIONS/RECOMMENDATIONS As indicated herein, the requested land use amendment and rezoning are consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. However, the proposed project remains with design deficiencies and falls short of meeting the intent of the new zoning regulations. The proposed master/site plan provides less than the basic amenities, mediocre building architecture, minimal landscaping and seeks only to crowd the site with more dwelling units than the site planner is capable of placing on the site in a reasonable design. Therefore, staff recommends that this request be approved, subject to the project enhancements as described in this staff analysis. Such enhancements should include, but are not limited to the following: 1. Integrate architectural elements to enhance the overall character of the development; 2. Change the orientation of the easternmost building to increase the visual and physical access to the recreation area; 3. Improve the aesthetic quality of the paseos and provide amenities that the project lacks; Enhance the wall surrounding the project and provide additional landscaping to enhance the views and areas opposite less aesthetic adjacent uses, and improved the quality of interior living areas; 5. Provide additional parking spaces to prevent congestion and decline in the project quality. A complete list of specific comments for the site plan, which, on adoption, will become the master plan for the PUD, are attached as Exhibit "C". Staff acknowledges that the narrow shape of the site poses limitations, but notes that the site attributes outweigh the negatives. The proposed project is limited to one unit type, which may not be the best choice to compensate for site limitations and capitalize on its attributes, which Page 7 File Number: LUAR 02-005 The Harbors may only be fully utilized with greater flexibility in unit type and the addition of architectural, landscape, and other enhancements. Should the Community Redevelopment Agency Board and the City Commission recommend or adopt additional conditions of approval, said conditions will be included as Exhibit "C". ATTACHMENTS \\Ch\MAIN~Shrdata\Planning~Shared~Wp\PROJECTS\The Harbors\LUAR 02-005~STAFF REPORT Revised.doc Location Map EXHIBIT "A" ,'~SITE R3 R3 F~C~ LAKE WORTH ICWW 300 300 600 Feet ~attt~H~OS ~!~ N~ISa(3 .1- X ILl LAND r ESIGN SOUTH Land Planning Landscape Architecture Environmental Consultation 561-478-8501 · FAX 561-478-5012' Congress Business Center. 1280 N. Congres~ Avenue. Suite 215. West Palm Beach, Ftodaa 33409 The Harbors Land Use Amendment, Rezoning, & Site Plan Approval Justification Statement Request The purpose of this Justification Statement is to request a Land Use Amendment, a Rezoning, and site plan approval for the subject property. The applicant is requesting to change the land use from Local Retail Commercial to Special High Density Residential and the zoning from Community Commercial (C3) to Infill Planned Unit Development (IPUD). On behalf of the Petitioner, Land Design South of Florida, Inc. is requesting a land use amendment, rezoning, and site plan approval of a 3.21-acre property with 54 upscale town homes. The subject property is generally located on the southeast corner of Federal Highway and Gateway Boulevard. Site Characteristics The 3.21-acre property currently has a Future Land Use designation of Local Retail Commercial and is located within the C3 (Community Commercial) Zoning District. As previously stated, the applicant is proposing to change the Future Land Use designation to Special High Density Residential and rezone the property to IPUD (Infill Planned Unit Development). The subject property is currently being used as a nightclub facility. There is an existing two-story 20,679 square foot building located on the eastern most portion of the site. The remaining portion of the site is used predominately for parking. In determining the impacts of the site we compared the maximum development potential at the existing land use and zoning to the maximum development potential at the proposed land use and zoning. We also accounted for what the applicant is actually proposing. There are several different uses surrounding the subject property. There are two (2) different uses which border the subject property to the north. Along the eastern section of the northern property line is the Las Palmas residential community. This property has a Future Land Use Designation of Low Density Residential (LDR) and is located within the R1AA zoning district. Along the western portion of the northern property line is a gas station. This property has a future land use designation of Local Retail Commercial and is located within the C3 zoning district. To the east of the subject property is the Intracoastal Waterway. To the south of the subject property is the proposed Boynton Beach City Park. This property has a future land use designation of Recreation and is located within the Recreation zoning district. To the west of the subject property is Federal Highway (94-foot Right-of-Way (ROW)) and the Florida East Coast (FEC) Railroad ROW (100-foot ROW). To the west of the FEC ROW are several residential properties. Due to the fact that there is over 194-feet of separation between the subject property and the properties to the west, the applicant did not consider the impacts of the proposed community on these properties. The Harbors Page I of 4 June 5, 2002 Proposed Impacts The subject property can currently be developed with either commercial or residential development. After the proposed land use amendment and rezoning the property will be allowed to be developed mainly as a residential use, with limited commercial use. The following table identifies the development scenarios under the existing land use and zoning as well as the proposed. Existing Land Use & Zoning LRClC3 Proposed Land Use & Zoning SHDR/IPUD Maximum Development Potential 223,724 Sq. Ft. of Commercial 64 DU's & 34 DU's Proposed/Existing Development 20,679 Sq. Ft. of Commerc a 54 DU's The existing zoning designation does not allow the development of fee simple townhomes. In order to develop the site the applicant has to rezone the property to the IPUD designation. The IPUD district is only allowed in the Special High Density Land Use designation. Therefore the applicant must also change the land use. With the new zoning and land use there is a limited amount of commercial that is allowed along Federal Highway. The applicant is not proposing commercial uses as a part of the proposed development. The timing and phasing of the proposed community is dependent on the approval of the rezoning, land use, and site plan. In order to determine a rough estimate of the development of the site, we will assume that the project will receive final approval in September 2002. Once final approval is obtained, the applicant will immediately begin the permitting process. The applicant will begin to clear and develop the property in March 2003. Development of the units will begin shortly after the clearing. Population, Water, & Sewer Comparisons The following table compares the demand for water and sewer based on the square footage allowed under the existing land use and zoning against the proposed land use and zoning. This demand was estimated using the standards adopted by the Palm Beach County Health Department when determining the potential impact of development. In order to determine the impact of the residential development we used the 2000 Census data of 2.26 persons per household. In addition, we used the 2001 LOS for the City of Boynton Beach. Infrastructure Information Water Provider Level of Service Current Maximum Demand City of Boynton Beach 200 gallons per capita per day 22,372 gallons/day (3.21 ac X 43,560 sq. ft. X .40 Building coverage x 4 stories x .1 ) Proposed Maximum Demand (62 DU's) 29,018 gallons/day (3.21 AC X 20 DU/AC X 2.26 PPH X 200) Proposed Actual Demand (54 DU's) 24,408 gallons/day (54 X 2.26 PPH X 200) Proposed Change +2,036 gallons/day The Harbors Page 2 of 4 June 5, 2002 Wastewater Provider City of Boynton Beach Level of Service 90 gallons per capita per day Current Maximum Demand 22,372 gallons/day (3.21 AC X 43,560 SQ FT X .40 Building coverage x 4 stories x .1 ) Proposed Maximum Demand 62 DU's) 13,058 gallons/day (3.21 AC X 20 DU/AC X 2.26 PPH X 90) Proposed Actual Demand (54 DU's) 10,983 gallons/day (54 X 2.26 PPH X 90) Change - 11,389 gallons/day Nuisances The existing land use of the subject property is Local Retail Commercial and the existing zoning district is Community Commercial (C3). The existing land use and zoning are not compatible with the residential nature of the area. To the north of the subject property are several different uses. Along the eastern portion of the northern property line are the Las Palmas Park and the Las Palmas Landing single-family residential community. These two communities have a land use designation of Low Density Residential (LDR) and are located within the RIAA (Single Family) zoning district. Along the western portion of the northern property line are commercial properties and a existing gas station. These properties have a future land use designation of Local Retail Commercial and are located within the C3 zoning district. To the east of the subject property is the Intracoastal Waterway. To the south of the subject property is a vacant property that has a Future Land Use designation of Recreational and is located within the Recreation (REC) zoning district. The property is proposed for a City of Boynton Beach Park. To the west of the subject property is Federal Highway (94-foot ROW) and the FEC railroad (100-foot ROW). The existing land use and zoning is not compatible with the surrounding residential nature of the area. Over the years the subject property has received numerous complaints from the surrounding residents due to loud music and the disruptive behavior of patrons to the nightclub and restaurant. Once the park to the south is completed, the existing use could potentially disrupt the activities occurring in the park. The applicant is proposing to change the land use of the subject property to Special High Density Residential. The.applicant is also proposing to change the zoning designation to IPUD (Infill Planned Unit Development). The applicant is proposing to construct 54 upscale town homes on 3.21 acres. This results in a gross density of 16.82 dwelling units per acre. The proposed residential use is more consistent with the residential uses to the north and the proposed park use to the south. The proposed site plan submitted with this justification statement shows a 52-foot setback along the northern property line where the subject property abuts the existing residential. Approval of the proposed land use plan amendment and rezoning will eliminate the incompatibility of uses currently occurring in the area surrounding the subject property. The Harbors Page 3 of 4 June 5, 2002 Site Plan The site plan dated June 5, 2002 submitted with this justification statement shows a total of 54 three (3)-story town homes on a total of 3.21 acres. Each of the 54 town homes has a two-car garage. In addition the site plan shows a total of 13 additional parking spaces for guest parking. When designing the site plan the applicant relied upon the draft code language for the Infill Planned Unit Development (IPUD) zoning district. This zoning district applies to properties located within the Community Redevelopment Area (CRA) that are greater than one (1) acre in size and smaller than five (5) acres. The applicant is proposing a three (3)-story town home on the subject property. This structure will be less then the maximum height of 45-feet. The IPUD district also has maximum lot coverage of 50%. The proposed site plan has building lot coverage less than 50%. Along with the rezoning application, the applicant is proposing to change the land use designation to Special High Density Residential. This designation allows a maximum density of twenty (20) dwelling units per acre. The applicant is proposing a total of 54 dwelling units on 3.21 acre for a gross density of 16.82 units per acre. This is consistent with the proposed land use designation. The minimum open space requirements for properties within the IPUD zoning district are 100 square feet per dwelling unit. The proposed site plan submitted with this justification statement shows a total of 1.45 acres of open space. This equates to 1,169 square feet per dwelling unit. There are several different buffers proposed around the perimeter of the site. The applicant is proposing two different buffers along the northern portion of the subjeCt property. Along the portion of the property that abuts Las Palmas the applicant is proposing a seven (7) foot buffer. Along the remaining portion of the northern property line the applicant is proposing a five (5) buffer. At the pre-application meeting the City Staff requested that the existing vegetation along the northern property line, adjacent to the single-family homes, remain in place. Therefore the applicant is only proposing the one (1) tree per thirty (30) feet. The existing hedge will be cut out and a tree will be placed in the vacant area. The applicant is not proposing a buffer along the eastern property line due to the fact that it is adjacent to the Intracoastal Waterway. The applicant is proposing a five (5) foot buffer along the southern property line. There is also a buffer proposed for the future park to the south. The applicant is proposing a ten (10) foot buffer along Federal Highway. This will sufficiently buffer the future residents of the community, while increasing the amount of landscaping along Federal Highway. The proposed plan shows a large .20-acre recreation area on the eastern section of the property. This allows all of the residents of the proposed community to have access and to enjoy the Intracoastal. The recreation area will have a pool and cabana. It is the intent of the applicant to use the existing pool and "Tiki" bar structure located on the site. The property is structured so that most of the units front on a "paseo" area. This area will provide for guest entrance in to each of the units and create an intimate atmosphere between the units. In South Florida today, we are use to seeing the garage as the predominate feature on the front of residential structures. The proposed homes have the garage in the back of the units. Each of the garages will be access via an 18-foot access way. Based upon the above and the attached information, the Petitioner respectfully request approval of this petition. N:\Project Files\389\389.53\The Harbors LUPA, Rezoning, & Site Plan Approval Just Stat. doc File: 389.53A, 53B The Harbors Page 4 of 4 June 5, 2002 EXHIBIT "C" Conditions of Approval Project name: The Harbors File number: NWSP 02-01.2 Reference: 3~'~ review plans identified as a New Site Plan with a Seatember 24, 2002 Planninz and Zt>nin,, Department date stamp marking. DEPARTMENTS PUBLIC WORKS - General Comments: None PUBLIC WORKS - Traffic INCLUDE REJECT Comments: In accordance with Chapter 6, Article III, Sections i I, 12 14, and 16, widen Las Palmas Park from Federal Highway (U.S. 1) approximately 240 feet east (to the intersection of the roadway centerline with the extension of the subject parcel property line. Road(ray configuration will consist of 3 lanes, of width as determined by the Director of Public Works (one eastbound lane. one dedicated left mrn lane. and one westbound through lane), Type "F" curb and ~utter and two - four (4) foot wide sidewalks (one on each side of the roadway). Reconfigure signalization at the intersection of Las Palmas Park and Federal Highway to add a left turn arrow to the signal head(s) for westbound Las Palmas Park traffic (Chapter 6. Article III. Section 16). The developer has coordinated with Palm Beach County Traffic Division. The rephasing of the signal shall be completed prior to the issuance of a Certificate of Occupancy. Detail signing and striping as necessary (Chapter 6. Article HI, Section 16). 4. At the time of permitting, coordinate with the FDOT and Palm Beach County Traffic for roadway and signalization improvements. UTILITIES Comments: None FIRE Comments: 5. Design documents where underground water mains and hvdrants are to be provided, must demonstrate that they will be installe~t, completed. COA2 0/03/02 DEPARTMENTS and in service prior to construction work per the Florida Fire Prevention Code, (2000) Section 29-2.3.2. Pursuant tb City Ordinance 9-3F, the Fire Marshal has developed an Administrative Order dated May 9, 2001 that provides the minimum performance for all security gates and emergency access. (Copy attached). Emergency access shall be provided at the start of a project and be maintained throughout construction per the Florida Fire Prevention Code, Section 3-5, and ,?CFPA 241, (1996) Safeguarding Construcrioii, Alteration. and Demolition Operations. Section 5-4.3. POLICE Comments: None ENGINEERING DIVISION INCLUDE REJECT A lighting plan including photometrics, pole wind loading, and pole details in conformance with the LDR, Chapter 6, Article IV, Section I 1, Chapter 23, Article I, Section 5.B.7 and Chapter 23, Article II, Section A will be required at the time of permitting. The lighting design shall provide a minimum average light level of one foot-candle. On the lighting plan, specify that the light poles shall withstand a 140 NLPH wind load (LDR, Chapter 23, Article II, Section A. 1.a.) Add a note that the fixtures shall be operated by photo-electrical control and to remain on until 2:00 a.m. (LDR, Chapter 23, Article II, Section A.i.a.) Artificial lighting used to illuminate any property shall be directed away from all residential districts. A plat shall be submitted with construction drawings for fee simple housing. The plat must be recorded prior to the issuance of a building permit for the project. 10. A copy of the proposed POA documents shall be submitted for review and approval concurrent with the plat process. 1 I. Provide verification that the improvements within the submerged land lease shall be transferable to the new owner. 12. At the time of permitting, indicate by note to what standard the project is to be constructed: if the FDOT Standard Specifications for Road & Bridge Construction and Standard Index are to be used - the 2000 Specifications are recommended since they contain both English and Metric units. CO A2 ' 0/03/02 DEPARTMENTS I INCLUDE 13. An excavation and fill permit will be required for this develor~ment. 14. Provide ,,v,itten and ~raphic scales on all sheets. BUILDING DIVISION REJECT Comments: 15. At time of permit review, submit signed and sealed working drawings of the proposed construction. 16. At time of permit review, submit a copy of the recorded resolution that verifies the abandonment of the alley, ri.ght-o/:wav or easement. 17. Add to the submittal a partial elevation view drawing of the proposed perimeter wall. Identify the type of the wall material and the type of material that supports the wall, including the typical distance between supports. Also, provide a typical section view drawing of the wall that includes the depth that the wall supports are below finish grade and the height that the wall is above finish wade. The location and height of the wall shall comply with the wall regulations specified in the Zoning Code. 18. At time of permit revie~v, submit for review an addressing plan for the project. PARKS AND RECREATION Comments: , \ 19. Since it has been determined that there are ~,single-family attached units in this development, the Park and Recreation Facilities Impact Fee is computed as follows: 54 single-family attached units multiplied by S771 per unit equals S41,634 (Chapter 1. Article V). 20. The fee is due prior to the issuance of the first applicable building permit. Submit detailed irrigation plans for right-of-way landscape and irrigation improvements during the construction document permitting stage, for review and approval by Parks Department and Public Works Department staff. Include on the plan location of any existing irrigation in the right- of-way. FORESTER/ENVIRON~IENTALIST Comments · COA2 , q/03/02  -- INCLLT)E REJECT DEPARTMENTS 22. The applicant must identify and quantify the existing trees on the site as shown on the surve,v sheet #i. 23. The landscape sheets should indicate the existing trees that will be preserved, relocated or removed and replaced on each portion of the entire site. These trees should be shown with an appropriate symbol on each of the landscape sheets. 24. Any of the existing hedge plants noted on the sheets that are not of acceptable quality during the landscape inspections must be replaced throughout the site. 25. All trees noted on the plant list must be a minimum of 12 feet in height and three (3) inches in diameter at time of planting. 26. The plan does not show the City "signature trees" required at the ingress/egess sites. 27. The plan does not show the seven (7) foot wide landscape buffer strip along the adjacent public right-of-way. Revise the list to include 50% native shrub material. 28. Sheet LP4 of 6: The shrubs, and accents list meets the 50% native species requirement, the palms list does not meet this requirement. Revise the plan accordingly. 29. Sheet LP5 of 6: The palms, shrubs, accents, and ground covers list does not meet the 50% native species requirement. Revise the plan accordingly. 30. There is no irrigation system plan included or noted on the landscape sheet. Provide an irrigation plan at the time of building permit submittal. PLANNING AND ZONING Comments: 31. Place a note on all the primary, landscape plan indicating that mulch other than Cypress shall be used and maintained for landscape purposes (Chapter 7.5, Article 12, Section 5.C.8.). 32. The site data on sheet "SP 1 of 2" indicates that 110 parking spaces are required. Revise the data to indicate the correct number of required parking spaces (107). COA2 0/03/02 DEPARTMENTS INCLUDE REJECT 33. The existing six (6) foot high wall. located along the north property line shall be refurbished to match the color and style of the new wall. 34. On the landscape plan sheet labeled "LP I of 6" and "LP 2 of 6", identify the row of hedges proposed along the southern property line. Also, staff recommends installing palm trees (single or double trunk Alexander, Montgomery, or Solitaire) along the southern facades of the four (4) unit buildings. 35. On the floor plan, the total area for "Model i601" is incorrect. Any change to the floor area on the floor plan will need to correspond to the tabular data of the site plan sheet "SP 1 of 2". 36. The buffer wall may not exceed six (6) feet in height (Chapter 2, Section 4.J.1). Prior to the City Commission meeting, provide a detail of the entry gates, including the dimensions, material, and color(s) used. 37. Provide an elevation of the "existing covered tiki bar" to be a "cabana". Ensure that the colors of the cabana will be compatible with the color palette of the proposed townhouse buildings. 38. A fence is required around the pool area. Provide a detail of the fence. On the site plan, show the points of access to the deck area currently outside the property line. 39. Provide a cross access agreement or written verification that access is allowed between the subject property and the property to the east (with the wood deck and boat mooring area). 40. The plan shows that public "green" area will be provided in the form of the 0.2 acre recreation area and the 32-foot wide front paseos. Staff recommends creating additional public "green" space equipped with amenities such as benches, a gazebo, and/or BBQ pit area. / 41. The buffer wall along the north property line acts as a "terminating vista" from each paseo area. Staff recommends incorporating additional decorative features such as fountains, statuary, or wall score lines to break the mundane wall expanse. 42. Staff endorses the concept of having a "focal point" to be located at the northwest comer of the property. In addition to the landscaping, staff recommends that the "focal point" as shown as an asterisk (*) should be a fountain, statuary, gazebo or some other attractive public amenities. 43. Provide an elevation of the "existing covered "tiki" bar to be a cabana". Ensure that the colors of the cabana will be compatible with the color COA2 l 0/03/0£ DEPARTMENTS INCLU~DE / REJECT palette of the proposed townhouse buildings. 44. The entryway to the recreational area appears as though it is an amenity for just the five (5) easternmost townhouse units. Staff recommends redesigning'the entryway so that it is more welcoming to the entire development. Create an entrance pavilion to the recreational area that is on axis with the sidewalk. 45. Off-street parking for the development will be limited to two (2) car garages in each unit and guest parallel parking spaces. Because there is no alternative parking provision, staff recommends that the garage area in each unit be increased in size in order to maximize the storage space for both vehicles and various items and to prevent / minimize the haphazard parking of cars throughout the development. 46. The 3rd floor plan does not show the side "bump-outs" and therefore, the plan does not correspond to the revised elevations. The plans must be corrected to correspond with each other. 47. The plant list of landscape plan "sheet LP 5 of 6" does not indicate 34 "VOA" plants. Correct the plan's tabular data. 48. Staff recommends configuring or angling the buildings in such a way that will allow for more units to have direct visual access to the future Intracoastal Park. 49. Staff recommends incorporating a second or third story ~(or~on both stories) into the design of the townhouse units that face (front and/or side fa.cades) either the Intracoastal Waterway or the Intracoastal Park. 50. The main east-west sidewalk is four (4) feet in width. Staff recommends increasing the width to at least five (5) feet. / 51. Staff recommends further increasing the distance between buildings (paseo areas) to allow for additional amenities and landscape material. 52. Staff endorses the concept of a pedestrian connection from the subject property to the Intracoastal Park as shown on the southeast portion on the property. However, staff recommends that the entranceway be enhanced with additional landscaping, decorative lighting, and park-like benches. _ COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: 53. None COA2 0/03/02 DEPARTMENTS ADDITIONAL CITY COMMISSION COMMENTS: INCLL~E Comments: 54. To be determined. REJECT MWR/elj $:'P!arlnlng~SFtA~D\WP\PFiOJ~CTS'~The Har~ors;NWSP ~2'012'.COA2.cio¢$;\PIarmlt, g\.fiHA~EO\WP~p~qOJ~CTS\The Harbor$\NWSP 02-0121COAdoc B. New Site Plan The Harbors ( NWSP 02-012) DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 02-207 TO: THROUGH: FROM: DATE: SUBJECT: Chairman and Members Community Redevelopment Agency Board Michael Rumpf Planning and Zoning Director Lusia Galav, AICP Principal Planner October 1, 2002 The Harbors - NWSP 02-012 Addendum to Staff Report ADDENDUM This report is the addendum to the Department of Development Memorandum No. PZ 02-136 to the Community Redevelopment Agency dated August 16, 2002. Refer to the previous staff report for all previous information such as site characteristics, concurrency status, driveways, and other site plan matters. Updated information regarding plan revisions is provided in the paragraphs below. At the September 10, 2002 CRA meeting the Board tabled The Harbors site plan to allow additional time for plan modifications. Subsequent to the CRA meeting, the applicant resubmitted plans with changes that partially satisfied staff conditions. The Technical Review Committee conducted a third review. The previous staff report remains unaltered and applicable to this project as noted above. The Conditions of Approval have been modified to reflect satisfied comments but still reports on the plan's deficiencies. The original staff report has not been modified. All correspondence referenced are included with this addendum as attachments. In addition, the revised site plan (3rd review) dated September 24, 2002 is included with this packet. DESIGN ANALYSIS & CRITIQUE: When originally submitted, the overall proposed density was 16.82 dwelling units per acre. With the most recent revisions, the overall density has been reduced to 15.89 units per acre. The site plan has a total number of 51 dwelling units. The plans currently show 12 buildings (one less 4-unit building). The building proposed nearest to the Intracoastal Waterway, however, has been converted from a four (4) unit building to a five (5) unit building. Again, staff is in favor of converting the existing commercial use to a residential use and allowing an increase in the overall allowable density. However, staff comments are not related to project density but rather to project design. Despite reducing the overall allowable density, the specific issues (i.e. building configuration, separation distance, drive aisles, and the allocation of guest and overflow parking) have still not been adequately addressed to attain the premium quality expected in the IPUD, and to optimally utilize site attributes such as the adjacent park (planned) and the Intracoastal Waterway. At the CRA meeting, staff questioned the accuracy of the proposed pervious area (45.2%). At the time, the plans showed a 25-foot building separation. It was later discovered that the amount of pervious area indicated in the tabular data was inaccurate. Subsequently, the plans have been revised to show one less building. The deletion of a four (4) unit building allows for the courtyard areas to be wider. The plans have now been revised to show a 32-foot building separation, or an increase of 8 feet from the previous submittal. The proposed pervious area (which staff presumes is correct) is still only 29% of the site. Although the entire site would be upgraded from its current condition, the proposed design indicates significant pavement levels for a residential development. The revised landscape plan shows no substantial increase in landscape material within the courtyard area despite the increase in building separation. Staff still recommends increasing the width of the courtyard areas to further separate the three (3)-story structures, thereby increasing potential views to the park and waterway, and to increase the number of trees, shrubs, and on-site amenities. This proposed building layout also limits access to the recreation area. In the last report, staff recommended that the recreational area should have a decorative entranceway that welcomes all residents to the pool area. Building 12 is now proposed to have five (5) units, which will reduce the width of the entranceway to only a four (4) foot wide path. This will further isolate the rest of the community from the recreation area. This recreational area is the only community amenity on-site and has not been enlarged despite the elimination of a building; no benches, shade trees, or other pedestrian amenities are proposed. As indicated in the original staff report, the proposed design fails to fully capitalize on the site's proximity to the invaluable amenity represented by the adjacent public park. The future Intracoastal Park will provide the subject property with added open space and attractive vistas. Consequently, more units could sell at premium rates. An observed deficiency in the plan is that only a handful of units will have direct visual access to both the Intracoastal Waterway and the Intracoastal Park, and only the end units will have views of the Intracoastal Park. Therefore, staff recommends configuring and angling the buildings to increase their relationship with these amenities. The intent of this recommendation is to not limit the number of allowable units but rather to endorse a design that takes full advantage of the two aforementioned amenities. Furthermore, staff would also recommend revising the front building design (second floor or third floor) to incorporate a porch or "sitting" area on building sides that face the Intracoastal Park. The plans show that "bump-outs" have been provided on the sides of the four (4) unit buildings but no additional porches or outside "usuable" space have been incorporated into the design. It is also staff's opinion that the proposed development lacks overflow and / or visitor parking. Based on the standard parking formula, the development requires two (2) parking spaces per unit. Each unit will have a two (2)-car garage. The recreation area will require five (5) parking spaces, leaving only seven (7) extra parking spaces for guests. The plan provides one (1) guest parking space for every 7 townhouses. Furthermore, although not required, the provision for a handicap space has been eliminated from the drawings. Staff recommends that the driveway behind each unit should be long enough to accommodate a parked vehicle without compromising the function of the 18-foot wide back-up area. The 18-foot wide back-up area in conjunction with the space between the garage door and the asphalt is wide enough for a vehicle to back up and exit. This increase in space is better for maneuverability but not wide enough should a vehicle be parked in front of the garage door if all guest parking spaces are used. Staff wants to eliminate the likelihood of residents and / or guests parking their vehicles within the main access drive or at the exterior of the garages. In conclusion, the proposed site plan does not meet the intent of the Comprehensive Plan regarding the Special High Density Residential land use designation. As previously stated, the subject property would be eligible for 10.8 units / acre or 34 total units if converted to a residential use under the existing commercial zoning. The plan proposes 51 total units or 17 additional units over the current maximum allowable number of units. Again, the plan and its configuration of the townhouses buildings appear to only satisfy a density objective while forfeiting optimal design objectives. The City supports an increase in the maximum allowable number of units but not with a plan that is less than exemplary. RECOMMENDATION: Staff recommends that the request for site plan approval be approved, subject to adequately addressing all issues presented herein which are itemized within the staff comments and included in Exhibit "C" - Conditions of Approval. This reverse in the staff recommendation is based on the new position and belief that it is feasible for the conditions of approval to be met, thereby creating a desirable and beneficial project warranted by this valuable location at the City's waterfront and along an entrance into the downtown. xc: Central File S:\Planning\SHARED\WP~PROJECTS\The HarborshNWSP 02-012\Staff Report AD. 9-30-02.doc DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 02-136 SITE PLAN REVIEW STAFF REPORT COMMUNITY REDEVELOPMENT AGENCY AND CITY COMMISSION August 16, 2002 DESCRIPTION OF PROJECT Project Name/No.: The Harbors / NWSP 02-012 Property Owner: SCHGAI, Inc. Agent: Jennifer Morton with Land Design South Location: 2300 North Federal Highway Current Land Use: Local Retail Commercial (LRC) Proposed Land Use: Special High Density Residential (SHD-20 du/ac) Current Zoning: Community Commercial (C-3) Proposed Zoning: Infill Planned Unit Development (IPUD) Project size: Site Area: Pervious Area: Lot Coverage Area: Number of units: Gross Density: 3.2089 acres (139,778 square feet) 1.45 acres (45.2%) 42,824 square feet (16.6%) 54 dwelling units 16.82 dwelling units per acre Adjacent Uses: (see Exhibit "A" - Location Map) North: To the northeast, developed (Las Palmas) single family homes classified Low Density Residential (LDR - 4.84 du/ao) and zoned R-l-AA Single Family Residential and to the northwest, developed commercial (gas station) classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial. South: Vacant land, currently being developed as the Intracoastal Park, designated Recreational (R) and zoned REC Recreation. East: Right-of-way of the Intracoastal Waterway West: Rights-of-way of U.S. 1 and the Florida East Coast Railroad, farther west developed commercial property classified Local Retail Commercial (LRC) and zoned C-2 Neighborhood Commercial. Proposal: Centex Homes proposes to construct 54 fee-simple townhouse units on 3.21 acres. All site development is proposed to occur in one phase. This request for site plan approval will be contingent upon the approval of the land use amendment / rezoning application (LUAR 02- 005) and corresponding master plan, which is being processed simultaneously. Site Characteristics: The subject property is a long rectangular-shaped lot located on the east side of U.S. 1, perpendicular to Gateway Boulevard. The parcel is currently developed with a restaurant / Page 2 The Harbors Site Plan Review Staff Report Memorandum No. PZ 02-136 Concurrency: a. Traffic- b. Drainage- Driveways: Parking Facility: Landscaping: nightclub (Caf6 La Notre) and its respective parking areas. The restaurant includes a "tiki" bar and swimming pool located on the eastern portion of the property near the Intracoastal Waterway. According to the survey, an existing wood deck and a portion of a "covered dining area" are located outside the subject property line. This covered dining area overhangs onto the subject parcel. It is staff's understanding that this covered dining area will be demolished during the construction of the townhomes. A traffic statement for this project was submitted and sent to the Palm Beach County Traffic Division for their review and approval. The Palm Beach County Traffic Division determined that the project meets the Traffic Performance Standards of Palm Beach County. Conceptual drainage information was provided for the City's review. The City's concurrency ordinance requires drainage certification at time of site plan approval. The on-site drainage system will consist of a series of catch basins and exfiltration trenches, which will direct runoff to the Intracoastal Waterway via an existing 24-inch wide reinforced concrete pipe. The Engineering Division is recommending that the review of specific drainage solutions be deferred until time of permit review, when more complete engineering documents are required. One point of ingress / egress is proposed along Las Palmas / Vista Hermosa rights-of-way. At this point, two (2) lanes would provide for project ingress and one (1) lane for project egress. The ingress lane designated for the use by the residents will be 12 feet in width. The other entrance lane, designated for guests and delivery vehicles will be 15 feet in width. The one exit lane will be 15 feet in width. Each of the three (3) lanes will be separated by landscaped medians. This entire area will have brick pavers to provide a more desirable appearance. Parking required for the three (3) bedroom townhouse units is based on a ratio of two (2) spaces per unit. In addition, the recreation area requires five (5) spaces. Since 54 townhouse units and a recreation area are proposed, a total of 113 parking spaces are required. The proposed site plan provides a total of 122 parking spaces. Each unit will have a two (2)-car garage dimensioned 20 feet in width by 17 feet - 3 inches in length. The garage door opening will be 16 feet in width. All other parking spaces, except the one handicapped space, will be parallel to the proposed main drive aisle. These ten (10) spaces will be dimensioned nine (9) feet in width by 25 feet in length. The one handicap space will be 12 feet in width (with 5 feet of striping) by 18 feet - 5 inches in length. A total of 18 feet of asphalt will be provided for vehicular backup area behind each garage. As proposed, vehicles will exit the garage, and if backing out of the garage, make a "3-point turn" within this 18-foot wide backup area and then exit the site via the 24-foot wide main access drive. The proposed pervious area of the parcel equals 1.45 acres or 45.2% of the total site. The overall landscape plan shows at least 104 trees, most of which will be native. In fact, the majority of all landscape material will be native. The west landscape buffer (along U.S. 1) will be at least 15 feet in width (which includes a 10-foot wide utility easement). The landscape plan (sheet LP 1 of 6) proposes six (6) Laurel Oak trees and Ixora Nora Grant / Redtip Cocoplum hedges. In the northwest corner of the site, the plan proposes two (2) Maypan Coconut Palm and Florida Royal Palm trees, and Page 3 The Harbors Site Plan Review Staff Report Memorandum No. PZ 02-136 Building / Site: three (3) Purple Glow trees. Dwarf Alamander and some annuals are proposed there as well. The northern landscape buffer will be 10 feet in width in the area from U.S. 1 east to the project entrance. The landscape material proposed within this buffer would include the following: four (4) Live Oak trees, Redtip Cocoplum hedges, Wax Jasmine, Fakahatchee grass, Dwarf Yaupon, and assorted annuals. The remaining portion of the north landscape buffer (from the entrance east to the Intracoastal) would have 14 Live Oak trees and a row of Redtip Cocl8plum hedges. If the existing ficus hedge is not disturbed during the construction of the drive aisle, the applicant would prefer to leave the hedge in its current condition and not have to plant new hedges (Redtip Cocoplum). The existing mature ficus hedge screens the subject property from the abutting single-family residential neighborhood to the north. According to Sheet LP 3 of 6, the entrance to the site would have two (2) Yellow Elder trees and a row of Redtip Cocoplum on each side. Both sides would also have Sabal Palm trees. The landscaped medians (at the entrance / exit way) between the resident lane and the exit lane would be lined with Florida Royal Palm trees, Geiger trees, Redtip Cocoplum hedges, Allamanda shrubs, and Variegated Loriope. The landscape material proposed within the courtyard areas in the front of each building would be centered around a Paurotis Palm tree. Other courtyard landscaping will consist of three (3) Coconut Palm trees, six (6) Alexander Palm trees, Dwarf Yaupon, Wild Coffee, Dwarf Arboricola, Variegated Lirope, Orange Bird of Paradise, and various annuals. Staff recommends installing more tall growing palm trees such as Washingtonia palms within the courtyard area in order to soften the upper level views of the building fronts (see Exhibit "C" - Conditions of Approval). The existing pool area, located at the eastern portion of the property, would have new brick pavers installed. According to sheet "LP 4 of 6", 16 Maypan Coconut Palm trees are proposed throughout the pool and "tiki" bar area. The plans also propose Dwarf Allamanda, Fakahatchee Grass, Simpson's Stopper, and Orange Bird of Paradise. The southern landscape buffer (adjacent to the Intracoastal Park) would be 6 feet in width. The landscape plan proposes 20 Dahoon Holly trees and a row of unidentified hedge material (see Exhibit "C" - Conditions of Approval). The building facades (facing south) are shown with no landscaping. The IPUD zoning district allows buildings to reach as high as 45 feet, however, a lesser height could be imposed if compatibility with adjacent properties becomes an issue. The proposed three (3)-story fee-simple townhouses will be 42 feet at the peak of the roof (see Exhibit "C" - Conditions of Approval). According to site plan (sheet "SP 1 of 2"), a C.B.S. wall, six (6) feet in height would surround the entire property. The new wall would be setback at least 10 feet from the west property line (facing U.S. 1) but would be constructed along the southern property line. The existing six (6) -foot high concrete wall currently located along the north property line will remain in its current location (see Exhibit "C" - Conditions of Approval). A fence would be required around the pool area (see Exhibit "C" - Conditions of Approval). The 54 dwelling units are proposed to be contained within 13 separate buildings on the 3.21-acre site. The proposed density is 16.82 dwelling units per acre. Each of the 13 buildings will contain one (1) of four (4) types of units. The unit styles all have three (3) bedrooms but vary slightly in terms of their overall area. The units are as follows: Unit 1601 Page 4 The Harbors Site Plan Review Staff Report Memorandum No. PZ 02-136 Community Design: Signage: (2,042 square feet), Unit 1935 (2,370 square feet), Unit 1538 (1,972 square feet), and Unit 2008 (2,538 square feet) (see Exhibit "C" - Conditions of Approval). All buildings will have these four unit types except for Building ¢1, which would have an extra Unit 1601 and Unit 2008 for a total of six (6) units. The IPUD zoning district has no actual building setback requirements, however, the buildings should be arranged in such a way that they will exceed the basic development standards. Building ¢1 (the only six (6)-unit building) would be setback 25 feet from the west property line and 26 feet from the north property line. Building ¢2 would be 40 feet from the west property line. All of the four (4)-unit buildings are proposed to be setback six (6) feet from the south property line. Building ¢13 would be setback over 110 feet from the east property line due to the existing location of the recreational area (the recreation area is located between proposed Building #13 and the east property line). As previously mentioned, the 0.2 acre recreation area currently has a swimming pool and a '~iki" bar hut. The "tiki" bar hut is located along in the southeast corner of the site, along the south and east property lines (see Exhibit "C" - Conditions of Approval). According to the applicant, the design of the site is described as Traditional Neighborhood Development (TND) because the pedestrian entryways are proposed on the front fa(;ade while the vehicular entryways will be to the rear of the building. The proposed townhouses will be three (3) stories tall and 42 feet high. The front courtyards will allow for only pedestrian access and eliminate the presence of automobiles. The front courtyard or "paseo" will be 25 feet in width. The distance between each building is approximately 25 feet. The proposed buildings would be multi-colored ranging from light yellow to brown. The colors are proposed as follows: First floor (Sherwin Williams ¢1335-Thai tan), Second floor (Sherwin Williams #2337-Beacon Yellow), Third floor (Sherwin Williams ¢1366-Harvest Moon). All accents such as shutters, entry doors, railings would be painted Sherwin Williams ¢2942-Liberty Blue. All architectural enhancements such as smooth stucco banding will be Sherwin Williams ¢1900-Pure White. The proposed development would have a buffer wall at least six (6) feet in height (see Exhibit "C" - Conditions of Approval). According to sheet "SP 2 of 2", the wall would be painted the same color as the third story of the townhouses (Sherwin Williams #1366 - Harvest Moon). The cross section of the wall sign indicates that the wall would have smooth stucco finish and cast stone caps. Sheet "SP 1 of 2" shows that the development would have two points of pedestrian ingress / egress. One point would be located at the front entry gate on the sidewalk just west of the vehicular driveways. The other point of pedestrian access would be located along the southern property line near the recreation area. This pedestrian walkway would connect to the future Intracoastal Park. The plans propose two (2) types of freestanding outdoor lighting fixtures, namely, the Type "A" light post and the Type "B" light post. The Type "A" light post will be 12 feet - 6 inches tall. The material and color of the Type "A" post is unknown. The Type "B" light post will be an aluminum pole, slightly taller than 12 feet in height. The color of the Type "B" post is unknown. The elevations show that no building signs are proposed. An "entry wall" sign is proposed along the western buffer wall. According to sheet "SP 2 of 2", the wall detail illustrates that Page 5 The Harbors Site Plan Review Staff Report Memorandum No. PZ 02-136 the monument sign would be at total of 64 square feet in area. The background color of the sign will be blue and the letters will be gold. DESIGN ANALYSIS & CRITIQUE: A master plan is required for all requests to rezone to Planned Unit Development (PUD) or Infill Planned Unit Development (IPUD). For this project, the plan labeled "site plan" will also function as the master plan. Generally speaking, staff is in favor of converting the existing commercial use to a residential use and to increase the overall allowable density to 16.82 dwelling units per acre. However, staff's objection with the plan is not the project density but rather with the proposed design. Specific issues include the proposed building configuration and separation distance, drive aisles, and the allocation of guest and overflow parking. The following paragraphs address staff's concerns. Under the current land use and zoning designations, the property could be redeveloped to a residential use at a density of 10.8 dwelling units per acre for a total of 34 units. The developer is proposing to increase the maximum allowable density by changing the underlying land use to Special High Density Residential, a land use category only available to coastal area properties. The Special High Density Residential (SHDR) land use designation allows for the following zoning districts: Multi-Family Residential (R-3), PUD, and the IPUD zoning district. The R- 3 zoning district contains restrictions on minimum lot size (4,000 square feet) and building setbacks. The setbacks for the R-3 zoning district are as follows: Front - 40 feet, Side - 20 feet, and Rear - 40 feet. The lot size and building setback standards of the R-3 zoning district are much more stringent than the self-imposed restrictions of the IPUD zoning district. As previously stated, the SHDR land use designation also allows for the PUD zoning district. The intent of the PUD is to promote and encourage development in tracts that are suitable in size, location and in character for the intended uses and structures proposed within them. The development shall be planned s developed as unified and coordinated units. However, the minimum recommended land area necessary for th~ PUD designation is five (5) acres. The subject property is less than five (5) acres and therefore would be ineligible to rezone from the C-3 zoning district to the PUD zoning district. On May 15, 2001, the City Commission adopted the Federal Highway Corridor Redevelopment Plan to allow for a variety of housing styles at intensities that will assist in supporting the downtown. It also served as a catalyst to encourage redevelopment and infill development of the eastern portion of the City along Federal Highway and to promote the overall general economic expansion of the City. Implementation of the Plan included an amendment to the Land Development Regulations to create the IPUD zoning district. This new zoning district allows for a greater variety of housing types in order to redevelop infill parcels, specifically along the Federal Highway corridor. This new zoning district allows for greater flexibility in terms of lot size and setback restrictions. As promulgated in the Comprehensive Plan, all development proposed within the IPUD should exceed the basic development standards of the conventional residential zoning districts. This characteristic should be evident in terms of a project's site design and site amenities. This project represents the first request for the IPUD zoning district designation. Staff recognizes this circumstance and expects the best possible development, in particular, because this first project that will set the standard for future IPUD developments. Staff determined that the layout of the buildings, the allocation of back-up space, and the distance between each building are not in the optimal configuration and therefore, fails to exceed the basic development standards. Generally speaking, the proposed plan contains conflicting design elements regarding the allocation of space dedicated to pedestrians and the automobile. According to the Congress of New Urbanism, one of the main principles separating the new urbanism development or the Traditional Neighborhood Development (TND) from typical post-WWll suburban, auto-oriented development is that the design of the TND is to primarily accommodate the needs of the pedestrian. A true TND community would not be a"-ated"y . However, the plan endorses the TND cor'"ept by designating human space to the front of each home (in the form of patio and courtyard areas) while a,. ,~ing the less desirable use (automobile space) to a subordinate role by placing it to the rear of each unit. Due to the arrangement and number of buildings, the front courtyard area wilt be roughly 25 feet in width, a dimension very similar to the space dedicated to vehicular back-up areas at the rear of the building. Page 6 The Harbors Site Plan Review Staff Report Memorandum No. PZ 02-136 ."f recommends increasing the width of the courtyard areas to further separate the three (3)-story structures and to increase the number of trees, shrubs, and on-site amenities. The proposed development may be marketed to a particular segment of the population; however, it is staff's opinion that the inherent design of this project becomes awkward due to the overcrowding of units and the internal separation, resulting in a compromise between progressive design principles and inefficient movement of vehicles. Staff has major concerns regarding the angl.e of the proposed townhouse buildings and the allotment of parking spaces. Only the four (4) units in Building 13 would have direct view of the Intracoastal Waterway. Visual access to the Intracoastal Waterway affords these units an additional amenity resulting in a premium sales price. Perhaps only five (5) other units (namely Units 14, 22, 30, 38, and 46) would have direct views of the Intracoastal Waterway. The remaining units would not have visual access to the Intracoastal Waterway, and consequently would most likely sell at lower prices. The proposed design fails to fully capitalize on the site's proximity to the invaluable amenity represented by the adjacent public park. The future Intracoastal Park will provide the subject property with added open space and scenic vistas. Consequently, more units could sell at premium rates. A major shortcoming with the plan is that only a handful of units will have direct visual access to both the Intracoastal Waterway and the Intracoastal Park, and only the end units will have views of the Intracoastal Park. Therefore, staff recommends configuring and angling the buildings to increase their relationship with these amenities. The intent of this recommendation is to not limit the number of allowable units but rather to endorse a design that takes full advantage of the two aforementioned amenities. Furthermore, staff would also recommend revising the front building design (second floor or third floor) to incorporate a porch or "sitting" area on building sides that face the Intracoastal Park. Another design flaw is that the fronts of Building 1 and Building 2 face only a six foot tall buffer wall (empty space). It also staff's opinion that the proposed development lacks overflow and / or visitor parking. Based on the st~,,,dard parking formula, the development requires two (2) parking spaces per unit. Each unit will have a two (2)- car garage. The recreation area will require five (5) parking spaces, leaving only six (6) extra parking spaces. Guest parking for Building 1 (Unit #6) and Building 2 (Unit #10) becomes nonexistent because of the distance to the nearest parallel parking space. Another parking related element of the plan that appears inadequate is the narrow opening width of the garage. The floor plan proposes a 16-foot wide opening with a total interior width of 20 feet. No conflict would occur if each household owned only one (1) automobile. However, a problem arises when one car is parked inside the garage and there is not enough room in the .garage to accommodate a second vehicle (storage, large vehicle sizes). Staff recognizes that not all townhouse owners possess large vehicles (sports utility, sedans, and trucks). However, when considering the potential negative impact(s) of the development, this analysis evaluates various scenarios that would cause inefficient, unsafe, or unpleasant living conditions. For example, in typical suburban developments, residential dwelling units Usually contain a parking ~)rovision for up to three (3) cars in the front driveways. Again, staff recognizes that this proposed development is unique and appeals to a specific group of progressive thinking homebuyers. However, the problem arises when '~o alternative parking provision is provided if two (2) vehicles are unable to fit together inside the garage. The 2urrent design only allows for overflow parking to be designated to the parallel parking spaces. In the current ~cenario, if two-car households are unable to park in the garage, there are no other provisions for parking other :han the five (5) overflow parallel parking spaces proposed along the main access drive (not including the landicap space). If this same limited-garage space scenario occurs in four (4) other households, then no extra )arking spaces will be available for the remaining residents or their guests. This could present unsafe driving ;onditions as well as an unattractive living environment (i.e. cars parked in the street, behind the garages, near the ~umpsters). Staff recommends that the driveway behind each unit should be long enough to accommodate a )arked vehicle without compromising the function of the 18-foot wide back-up space. The 18-foot wide back-up ~pace in conjunction with the space between the garage door and the asphalt is wide enough for a vehicle to ~ac~,-up and exit but would not wide enough should a vehicle be parked in front of the garage door. n conclusion, the proposed site plan does not meet the intent of the Comprehensive Plan regarding the Special -ligh Density Residential land use designation. As previously stated, the subject property would be eligible for 0.8 units / acre or 34 total units if converted to a residential use under the existing commercial zoning. The plan Page 7 The Harbors Site Plan Review Staff Report Memorandum No. PZ 02-136 poses 54 total units or 20 additional units over the current maximum allowable number of units. The plan and its configuration of the townhouses buildings appears to only satisfy a density objective while forfeiting optimal design objectives. The City supports increasing the maximum allowable number of units but not with a plan that is less than exemplary. RECOMMENDATION: Staff recommends that the request for site plan approval be denied based upon the design issues identified in the "Design & Critique Section" as well as the remaining unresolved comments included in Exhibit "C" - Conditions of Approval. It is the position of staff that the magnitude of changes represented by the Conditions of Approval would significantly modify the project and therefore would warrant additional review from staff and the Community Redevelopment Agency. xc: Central File S:\Planning\SHARED\WP~PROJECTS\The Harbors~NWSP 02-012\Staff Report.doc Location Map The Harbors EXHIBIT "A" ---~ ~_~----N E[ 2 5-T-H-AVE PUD R3 RS __REC // ,,8 IJ I'~1 I I 1 I I 1! J ,,% ,J_ISIHX:::! .l! d , ,, i,_l ,.~!!l![ i ilI I Ill Il il ~ hlllhh I llli,ll.ll,,ll,l Iii · I Ill ! ,I I l~l[ · i1 ] il:llllllllll'!II:I Il ~llllllJll[ll till I lllill:li~l:Ifl~lll.ll~l[l: Il · _LIEIlHX3 [f ! VCIlI:IO'I:I 'HOVg~i NO.LNJ~Og 40 ~..LIO ~8glNOH Xg. LNgO 1:10.4 Cl:ll:lVd~l:ld S~O81::IVH 21H.L I1~11 imm vall:lO"l..i *1-1oY313 NO.I.NA08 .-I0 ~d. lO 8~i~lOH X3.LN30 UO:I a31:lYcl31:lcl SEIO~t:IVH ~]HJ. YOIl:lO'ld 'HOVg8 NOiN,L08 dO t]:glNOH Xg.LN.qO 1:!04 Qgl:lVd:gl:ld S~Og~VH 3Hi ,,8,, IISIHX::::! i ,,,a,, _LIEtlHXq YOlI:IO'I..-I 'HOYgg NO.LNX. 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EXHIBIT "C" Conditions of Approval Project name: The Harbors File number: NWSP 02-012 Reference: 3~d review plans identified as a New Site Plan with a September 24, 2002 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE I REJECT PUBLIC WORKS - General Comments: None PUBLIC WORKS - Traffic Comments: 1. In accordance with Chapter 6, Article I1/, Sections 1 I, 12 14, and 16, widen Las Palmas Park from Federal Highway (U.S. 1) approximately 240 feet east (to the intersectiOn of the roadway centerline with the extension of the subject parcel property line. Roadway configuration will consist of 3 lanes, of width as determined by the Director of Public Works (one eastbound lane, one dedicated left turn lane, and one westbound through lane), Type "F" curb and gutter and two - four (4) foot wide sidewalks (one on each side of the roadway). 2. Reconfigure signalization at the intersection of Las Palmas Park and Federal Highway to add a left turn arrow to the signal head(s) for westbound Las Palmas Park traffic (Chapter 6, Article III, Section 16). The developer has coordinated with Palm Beach County Traffic Division. The rephasing of the signal shall be completed prior to the issuance of a Certificate of Occupancy. 3. Detail signing and striping as necessary (Chapter 6, Article III, Section 16). 4. At the time of permitting, coordinate with the FDOT and Palm Beach County Traffic for roadway and signalization improvements. UTILITIES Comments: None FIRE ~omments: 5. Design documents where underground water mains and hydrants are to _ be provided, must demonstrate that they will be installed, completed, COA2 10/03/02 2 DEPARTMENTS INCLUDE REJECT and in service prior to construction work per the Florida Fire Prevention Code, (2000) Section 29-2.3.2. 6. Pursuant to City Ordinance 9-3F, the Fire Marshal has developed an Administrative Order dated May 9, 2001 that provides the minimum performance for all security gates and emergency access. (Copy attached). 7. Emergency access shall be provided at the start of a project and be maintained throughout construction per the Florida Fire Prevention Code, Section 3-5, and NFPA 241, (1996) Safeguarding Construction, Alteration, and Demolition O?erations, Section 5-4.3. POLICE Comments: None ENGINEERING DIVISION 8. A lighting plan including photometrics, pole wind loading, and pole details in conformance with the LDR, Chapter 6, Article IV, Section 11, Chapter 23, Article I, Section 5.B.7 and Chapter 23, Article II, Section A will be required at the time of permitting. The lighting design shall provide a minimum average light level of one foot-candle. On the lighting plan, specify that the light poles shall withstand a 140 MPH wind load (LDR, Chapter 23, Article II, Section A. 1.a.) Add a note that the fixtures shall be operated by photo-electrical control and to remain on until 2:00 a.m. (LDR, Chapter 23, Article II, Section A.l.a.) Artificial lighting used to illuminate any property shall be directed away from all residential districts. 9. A plat shall be submitted with construction drawings for fee simple housing. The plat must be recorded prior to the issuance of a building permit for the project. 10. A copy of the proposed POA documents shall be submitted for review and approval concurrent with the plat process. i1. Provide verification that the improvements within the submerged land lease shall be transferable to the new owner. 12. At the time of permitting, indicate by note to what standard the project is to be constructed; if the FDOT Standard Specifications for Road & Bridge Construction and Standard Index are to be used - the 2000 Specifications are recommended since they contain both English and Metric units. COA2 0/03/02 DEPARTMENTS INCLUDE REJECT 13. An excavation and fill permit will be required for this development. 14. Provide written and graphic scales on all sheets. BUILDING DIVISION Comments: 15. At time of permit review, submit signed and sealed working drawings of the proposed construction. 16. At time of permit review, submit a copy of the recorded resolution that verifies the abandonment of the alley, right-of-way or easement. 17. Add to the submittal a partial elevation view drawing of the proposed perimeter wall. Identify the type of the wall material and the type of material that supports the wall, including the typical distance between supports. Also, provide a typical section view drawing of the wall that includes the depth that the wall supports are below finish grade and the height that the wall is above finish grade. The location and height of the wall shall comply with the wall regulations specified in the Zoning Code. 18. At time of permit review, submit for review an addressing plan for the project. PARKS AND RECREATION Comments: 19. Since it has been determined that there are 54 single-family attached units in this development, the Park and Recreation Facilities Impact Fee is computed as follows: 54 single-family attached units multiplied by $771 per unit equals $41,634 (Chapter 1, Article V). 20. The fee is due prior to the issuance of the first applicable building permit. 21. Submit detailed irrigation plans for fight-of-way landscape and irrigation improvements during the construction document permitting stage, for review and approval by Parks Department and Public Works Department staff. Include on the plan location of any existing irrigation in the fight- of-way. FORESTER/ENVIRONMENTALIST Comments: COA2 10/03/02 4 DEPARTMENTS INCLUDE REJECT 22. The applicant must identify and quantify the existing trees on the site as shown on the survey sheet #1. 23. The landscape sheets should indicate the existing trees that will be preserved, relocated or removed and replaced on each portion of the entire site. These trees should be shown with an appropriate symbol on each of the landscape sheets. 24. Any of the existing hedge plants noted on the sheets that are not of acceptable quality during the landscape inspections must be replaced throughout the site. 25. All trees noted on the plant list must be a minimum of 12 feet in height and three (3) inches in diameter at time of planting. 26. The plan does not show the City "signature trees "required at the ingress/egress sites. 27. The plan does not show the seven (7) foot wide landscape buffer strip along the adjacent public right-of-way. Revise the list to include 50% native shrub material. 28. Sheet LP4 of 6: The shrubs, and accents list meets the 50% native species requirement, the palms list does not meet this requirement. Revise the plan accordingly. 29. Sheet LP5 of 6: The palms, shrubs, accents, and ground covers list does not meet the 50% native species requirement. Revise the plan accordingly. 30. There is no irrigation system plan included or noted on the landscape sheet. Provide an irrigation plan at the time of building permit submittal. PLANNING AND ZONING Comments: 31. Place a note on all the primary landscape plan indicating that mulch other than Cypress shall be used and maintained for landscape purposes (Chapter 7.5, Article 1I, Section 5.C.8.). 32. The site data on sheet "SP 1 of 2" indicates that i 10 parking spaces are required. Revise the data to indicate the correct number of required parking spaces (107). COA2 10/03/02 5 DEPARTMENTS INCLUDE REJECT 33. The existing six (6) foot high wall, located along the north property line shall be refurbished to match the color and style of the new wall. 34. On the landscape plan sheet labeled "LP 1 of 6" and "LP 2 of 6", identify the row of hedges proposed along the southern property line. Also, staff recommends installing palm trees (single or double trunk Alexander, Montgomery, or Solitaire) along the southern facades of the four (4) unit buildings. 35. On the floor plan, the total area for "Model 1601" is incorrect. Any change to the floor area on the floor plan will need to correspond to the tabular data of the site plan sheet "SP 1 of 2". 36. The buffer wall may not exceed six (6) feet in height (Chapter 2, Section 4.J. 1). Prior to the City Commission meeting, provide a detail of the entry gates, including the dimensions, material, and color(s) used. 37. Provide an elevation of the "existing covered tiki bar" to be a "cabana". Ensure that the colors of the cabana will be compatible with the color palette of the proposed townhouse buildings. 38. A fence is required around the pool area. Provide a detail of the fence. On the site plan, show the points of access to the deck area currently outside the property line. 39. Provide a cross access agreement or written verification that access is allowed between the subject property and the property to the east (with the wood deck and boat mooring area). 40. The plan shows that public "green" area will be provided in the form of the 0.2 acre recreation area and the 32~foot wide front paseos. Staff recommends creating additional public "green" space equipped with amenities such as benches, a gazebo, and/or BBQ pit area. 41. The buffer wall along the north property line acts as a "terminating vista" from each paseo area. Staff recommends incorporating additional decorative features such as fountains, statuary, or wall score lines to break the mundane wall expanse. 42. Staff endorses the concept of having a "focal point" to be located at the northwest corner of the property. In addition to the landscaping, staff recommends that the "focal point" as shown as an asterisk (*) should be a fountain, statuary, gazebo or some other attractive public amenities. 43. er~vid~ev~e~ co_ve~" bar~ f Ensu,5 ' e with the color COA2 10/03/02 6 DEPARTMENTS INCLUDE REJECT palette of the proposed townhouse buildings. 44. The entryway to the recreational area appears as though it is an amenity for just the five (5) easternmost townhouse units. Staff recommends redesigning the entryway so that it is more welcoming to the entire development. Create an entrance pavilion to the recreational area that is on axis with the sidewalk. 45. Off-street parking for the development will be limited to two (2) car garages in each unit and guest parallel parking spaces. Because there is no alternative parking provision, staff recommends that the garage area in each unit be increased in size in order to maximize the storage space for both vehicles and various items and to prevent / minimize the haphazard parking of cars throughout the development. 46. The 3rd floor plan does not show the side "bump-outs" and therefore, the plan does not correspond to the revised elevations. The plans must be corrected to correspond with each other. 47. The plant list of landscape plan "sheet LP 5 of 6" does not indicate 34 "VOA" plants. Correct the plan's tabular data. 48~tShtaa~t f~nds Crn°on~gufin~/~h~ the .b~ ;UChe/affu~VuarYe Intracoastal Park. 49. Staff recommends incorporating a second or third story porch (or on both stories) into the design of the townhouse units that face (front and/or side faqades) either the Intracoastal Waterway or the Intracoastal Park. 5& T/h/e~ain~in width. Staff recommends "increa¥iaSgthewidth toatleastfive(5)feet. 1 ~ 5 . Staff recommend6~ftmher increasing, the d-ig~e be, t,w---~n bmm~htrs ~pa~spo~e'"~sO~o allow focal a~m~es and lX~scape m~a~aterial.If 52. Staff endorses the concept of a pedestrian connection from the subject property to the Intracoastal Park as shown on the southeast portion on the property. However, staff recommends that the entranceway be enhanced with additional landscaping, decorative lighting, and park-like benches. COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: 53. None COA2 10/03/02 7 DEPARTMENTS INCLUDE REJECT ADDITIONAL CITY COMMISSION COMMENTS: Comments: 54. To be determined. MWR/elj S:\Planning\SHARED\WP~PROJECTS\The Harbors\NWSP 02-012\COA2..docS:\Planning~HARED\WP',PROJECTS\Tne Harbors\NWSP 02-012\COA. doc Ttze City of Boynton Beach May 9, 2001 IRE: Security Gales and Emergency Access To Whom Il May Concern: Boynlon Beach Fire Rescue conlinues to maintain Ihe position thai securily gates are polenlially detrimental to fire and rescue operalions. The prolireralion of securily'galed communilies has resulted in many problems for responding emergency apparatus Irying ~o gain enlry. The n',inimum performance for all securJly gates shall be as follows: 1. All securilylentrance gates must have an electronic key nun'~ber pad. 2. The keypad will allow entrance by Ihe simple act o[ pushing tour (,I) or five (5) buUons 3. All gates must have a security entry code approved in advance by Ihe Fire IVlarshal. 4. Gales may be operable by telephone from our dispatch office. A phone call from our ' dispatchers will open the gate and a second call will be required to close Ihe gate. 5. In case of power fa lure, the gate shall open aulomalically and remain open. 6. An exception will be where a 24-hour securily guard is slationed al Ihe gate. 7. A back-up device such as an aulhorized securily box or key switch is required Io operale tile gate in Ihe event the number pad enlry does not work. 8. A key box shall be installed for such areas or buildings when Ihe Fire Marshal delermines that access is necessary for all life-saving or fire-figh[ing purposes.. The type and Iocalion of lhe key box shall be approved by the Fire Marshal and shall conlain: · Keys to locked points of egress, whelher in common areas or on Ihe interior or exlerior of such buildings; · Keys to locked mechanical equipmenl rooms; · Keys to locked electrical rooms; · Keys to elevator controls. 9. No other code numbers, operaling methods or key systems will be kepi on ,rile by the Fire Rescue Deparlmenl. ' 10. In Ihe event that our units are unable to gain rapid entry wilh the above methods, it will require the use of rapid forcible entry melhods Io gain enlry. The City of Boynlon Beach and/or the Fire Rescue Department shall not be responsible for, or incur any costs as a resull of gaining access ~o a specific area. 11. Information on where authorized key security boxes can be purchased is available kom Boynton Beach Fire Rescue, Fire and Life Safety Division by calling (561) 7,12-6600 during normal business hours. Failure Io comply will result in he violalion of Boyn on Beacl Code of Ordinances Section 9-3F and Section 9-15. The liabil ly of delayed Fire Rescue response Io an emergency in your commun ly should be a serious concern. Steve Gale Fire Marshal ,'~lll('t'l'l'rl'q (~ul[,'lt,,'lll f¢~ Il,,, t 7, ,ll:.l · .... PROJECT NAME: APPLICANT'S AGENT: APPLICANT'S ADDRESS: DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA The Harbors Jennifer Morton - Land Design South 8198 Jog Road, Suite 200 Boynton Beach, FL 33437 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 15, 2002 TYPE OF RELIEF SOUGHT: New Site Plan Approval to construct 51, three (3)-story townhouse units on a 3.208-acre parcel. LOCATION OF PROPERTY: 2700 block of SW 4th Street DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency, which Agency found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant ~ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: S:\Planning~SHARED\WP~PROJECTS\The Harbors\NNVSP 02-012\DO.doc City Clerk Administrative Appeal Gateway Texaco (ADAP 02-001) DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 02-201 TO: Chairman and Members Planning and Development Board FROM: Michael Rumpf Planning and Zoning Director DATE: September 27, 2002 SUBJECT: Gateway Texaco Gas Station -Administrative Appeal (ADAP 02-001 ) Expansion of nonconforming use for storage of retail merchandise (Revised) Project Name: Gateway Texaco (ADAP 02-001) Location: 2360 North Federal Highway Owner: Mr. Zuhair Marouf Agent: Mr. Beril Kruger, Beril Kruger Planning and Zoning Consultants Request: Notice of Appeal from the July 16, 2002 decision of the Planning and Zoning Director, identifying proposed improvement as unlawful expansion of nonconforming use. BACKGROUND Request for proposed expansion The subject property owner desires to expand the above-referenced use to provide additional building area for the storage of merchandise. The proposed expansion was presented to staff who was requested to respond in writing as to whether said improvement would be allowed by city regulations. On July 16, 2002 the Planning and Zoning Director rendered an administrative decision that the proposed change to the above-referenced business would be prohibited by city regulations. Code sections cited in this determination included the Land Development Regulations, Chapter 2, Sections "D" and "G" (See Exhibit "A" - Administrative Determination). In accordance with the Land Development Regulations, Section 11.L,(3)(a)(2), the subject gas station is a legal non-conforming use (see Exhibit "B"- Code Excerpt-Sale of Gasoline). Item "a" (2) of Paragraph #3 limits establishments that sell gasoline as follows: "(2) Gasoline dispensing establishment shall only be located at any intersection consisting of roads of four (4) lanes or wider." The Gateway Texaco Gas Station is located at the unaligned intersection of Gateway Boulevard/Las Palmas and North Federal Highway, which is an intersection with a local street containing only two (2) lanes. The subject use is therefore a nonconforming gas station by virtue of its existing location. Improvements allowed to non-conforming uses are limited to ordinary repairs, maintenance, and improvements, pursuant to the Land Development Regulations, Chapter 2, Section 11.1, paragraph "D"(1 ) and (2). An excerpt of these paragraphs read as follows: Paragraph (1) "No nonconforming use may be extended to occupy any land outside the building or other structure, nor any additional building or structure on the same plat, which was not used for such nonconforming use at the effective date of the adoption or amendment of these regulations." Paragraph (2) "No structure used for a nonconforming use shall be enlarged, extended, reconstructed or structurally altered, unless the use is changed to one which complies with the provisions of this chapter [ordinance]." Furthermore, paragraph "G" of this same section limits changes in nonconforming uses to uses which would be conforming in the district in which the subject land or building is located (see Exhibit "C" - Code Excerpt- Nonconforming Uses). On July 31, 2002, Mr. Kruger, agent for the property owner, addressed a letter requesting a formal appeal be processed to the subject administrative determination (see Exhibit "D" - Request for Appeal). In summary, the appeal justifies the proposed expansion by the position that retail sales at this business is a separate component from the non-conforming aspect-gasoline sales, which component can therefore be altered/expanded independent of the gasoline sales element of the business. The applicant supports this position that retail sales is distinguishable from gas sales by the absence of other nearby convenience stores, and therefore the high demand for convenience item sales at this location. The applicant states that "The location of this convenience store makes it very convenient for these people to shop at this store who do not need gasoline. Many people just shop in this store to purchase milk, cigarettes, soda, and other products where if this convenience store were not here, they would have to drive up to Hypoluxo Road to the Winn Dixie .... " Procedure Appeals to administrative determinations are processed in accordance with the procedures outlined in Chapter '1.5, Article I, Sec. 4.'1, "E". of the Land Development Regulations (see Exhibit "E"). Under these procedures the Planning and Development Board hears the appeal and renders a decision that must be ratified by the City Commission. ANALYSIS/CONCLUSIONS The analysis conducted in response to the subject appeal concentrated on the following two facts: 1) The subject determination by the Director represents the consistent interpretation and application of the Land Development Regulations which clearly prohibit the proposed improvement; 2) The lack of proof that the proposed expansion is necessary for the continued operation of the principal use. With respect to item #1 above, the subject administrative determination represents the consistent application of the non-conforming regulations. Planning and Zoning staff has applied this same interpretation of the non-conforming regulations on previous occasions when confronted with requests for similar expansions to non-conforming gas stations. There has been a trend over the past few years to expand the retail components of gas stations, including the replacement of an auto-repair function with the increase in retail sales space. While the increase in retail space done in conjunction with the elimination of automobile repair services has been construed as allowed by city regulations, this interpretation was generated based on the facts that a nonconforming element of the use was being eliminated, and there was no physical expansion of the principal structure from which the business operated (nor a movement of any aspect of the non-conforming use into a portion of the building not originally occupied by any aspect of the non-conforming use). A reverse in this determination would affect more than just the subject gas station. Rather, other owners of non-conforming uses (not limited to just owners of gas stations) would be motivated to consider, or reconsider possible expansions to their respective businesses arguing and justifying their position that the proposed improvements do not expand the nonconforming aspect of the business. It should be noted that other nonconforming uses that could be subject of potential similar requests could include adult entertainment establishments. With respect to item #2 above, additional research by staff has concluded that the courts have supported the expansion of nonconforming uses to accommodate accessory uses. However, this support appears to be conditioned upon the accessory use being necessary for normal operation of the principal use, and otherwise a hardship on the owner without said accessory use. This same document, Zoning and Land Use Controls (Mathew Bender & Co, Rel. 32-2/91; Pub. 845), cites as an example of a permissible accessory use the sale of alcohol at a restaurant, and a non-permissible use a car wash at a gasoline station. Even if this more liberal conclusion from court precedents were stretched to apply to this case, which may potentially support the accessory use of retail sales to the gasoline service station, the owner would still be required to prove that the subject expansion is necessary for the normal operation of the principal use-the sale of gasoline. It should noted that retail sales were increased previously at this business, timed with the elimination of the automobile service function of the business. At that time, the space allocated to convenience sales increased significantly. If in fact the retail sales component were to be construed as a separate element and business activity from the gas station, rather than an accessory activity, than the code further supports the denial of this expansion of a business which may directly or indirectly enhance (i.e. support beyond what was originally approved at this location), the non-conforming gas station. RECOMMENDATION Staff recommends that the request for appeal be denied, thereby affirming the original determination by staff that the subject expansion of the Gateway Texaco Gas Station would be an unlawful expansion of a legal, nonconforming use. This recommendation is based on the following conclusions: 1) The subject determination by the Director represents the consistent interpretation and application of the Land Development Regulations; 2) The sale of gasoline is the principal use of the subject business which is located on one parcel within a single structure, and therefore cannot be viewed separate from accessory components such as retail sales; and 3) The applicant has not proven that the further expansion of the building and retail sales aspect of the business is mandatory for the continued normal operation of the principal use, and that if denied a hardship would be imposed. In conclusion, staff reiterates the intent of the non-conforming regulations to encourage the eventual relocation or elimination of such businesses. Therefore, staff recommends that if the City Commission supports the continued operation and expansion of the subject station, this situation should more appropriately be addressed through a code review process. Of course this alternative is communicated with caution and reluctance, due to the risk of code modifications potentially accommodating new and existing non-conforming gas station uses where inconsistent with redevelopment efforts or city vision. Attachments MR S:\Planning\SHARED\WP\PROJECTS\Gateway Texaco\Staff report ADAP 02-001 .doc July 16, 2002 · Building DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING DIVISION · Planning & Zoning EXHIBIT A · Occupational Licenses · Community Redevelopment Mr. Beril Kruger Planning & Zoning Consultant 9 Northeast 16th Street Delray Beach, FL 33444 S ubj ect: l) Expansion of Texaco Gas Station at 2360 N Federal Highway 2) Driveway Connection from Texaco Station and Approved Car Wash Project Dear Mr. Kruger: The intent of this letter is to clarify information provided to you in a previous letter dated June 14, 2002. Please be informed of the conclusion reached that pursuant to the Land Development Regulations, Chapter 2, Sections "D" and "G", the above-referenced changes are prohibited due to the their involvement with a non-conforming use. However, with respect to item #2, the physical connection could only occur through a recorded access easement that would connect the car wash ,arcel to the northernmost gas station driveway at Federal Highway. Of course th.is is contingent upon all modifications to the Texaco site being code-compliant. These changes should be processed as a minor modification request to the existing site plan which is described by the attached fact sheet. Please be sure to include all site/tabular data on the revised plans including the tabulation of required and provided parking, and aisle and parking space dimensions. Please be informed that.you may not proceed with item #1 due to it involving the physical expansion of a non-conforming use; however, this clarifying letter should be construed as the final administrative decision to which you would file an appeal in accordance with the Land Development Regulations, Chapter 1, Article VII, Section 1. If you still desire to appeal, please provide this office with a revised application (letter) for appeal which we will apply to the same fee, and application file that has been recently created. If based upon this letter you no longer prefer to file an appeal, please inform me of same in writing so that your application can be closed. Please be reminded of the filing requirements to appeal and contact me should you have any questions. Sincerely, Michael W. Rumpf Director of Planning and Zoning MWR:jdc JC: Kart Bressner Attachment S:"Planning',SHARED~WP\CORRESP~Corresp A thru g'~Q'uger. Behl Re Texaco Stat/on Expansion. doc City of Boynton Beach · 100 East Boynton Beach Blvd., P.O. Box 310 · Boynton Beach, Florida 33425-0310 Phone: (561) 7424~350 · www. ci.boynton-beach.or log EXHIBIT B L. COMMERCIAL ESTABLISHMENTS ENGAGED IN THE RETAIL SALE OF GASOLINE OR GASO LINE PRODUCTS. 1. Purpose. The purpose of these regulations is to establish development standards for commercial establishments which engage in the sale of gasoline, or other motor fuels. These regulations are intended to cover businesses of any type, including convenience stores and automotive service stations. The development standards established by this section would overlay the development criteria stated in the zoning district in which these uses are allowed. Businesses, which engage in the sale of gasoline or other motor fuels, shall require conditional use approval. 2. Definitions. For the purpose of this ordinance, the following definitions shall apply: Ancillary building or structure. A building or structure incidental to, subordinate to and subservient to the principal building or structure located on the premises. Ancillary use. A use incidental to, subordinate to and subservient to the principal use of the premises. Automotive service station. The use of a building or other structure, on a lot or parcel of land which includes any retail sale of gasoline or other motor fuels. Convenience store. Any place of business that is engaged in the retail sale of groceries, including the sale of prepared foods, and gasoline and services. The term "convenience store" does not include a store which is solely or primarily a restaurant. Gasoline dispensing establishments. Any commercial enterprise, including automotive service stations and convenience stores, which engage in the sale of gasoline or other motor fuels to the public. Grade separated intersections. Use of the term grade separated intersections shall mean any intersection wherein one road passes over another road by means of a bridge or an overpass. 3. Development standards which apply to all gasoline dispensing establishments except those described under Subsection 4. of this section below: a. Location. (1) All gasoline dispensing establishments not determined to be ancillary uses as described in Subsection 4. below, shall be located only at the intersection of any combination of the following roads as designated in the Boynton Beach Comprehensive Plan: County arterial, State arterial, Local collector, or County collector. http ://www.amlega.../24fa?f=templates&fn=document_ frame.htm&q=gasoline&x=Simple&2. 9/3/2002 Nelerence Page 2 or 4 (2) Gasoline dispensing establishment shall only be located at any intersections consisting of roads of four (4) lanes or wider. (3) The maximum number of gasoline dispensing establishments located at any intersection shall be two (2). Gasoline dispensing establishments shall only be located at diagonal comers of permissible intersections. b. Minimum plot size: thirty thousand (30,000) square feet. c. Minimum street frontage: one hundred seventy-five (175) feet on each frontage measured from the intersecting right-of-way lines of the public streets. d. Driveways (1) No driveway shall be located less than one hundred ten (110) feet from the intersecting right-of-way lines of public streets. (2) Driveways shall be a minimum of thirty (30) feet and a maximum of forty-five (45) feet in width. (3) line. (4) Driveways shall not be located less than thirty (30) feet from any interior property Driveways will be limited to one (1) per street frontage. e. Setbacks. Setback requirements shall apply to all structures on the property including the primary structure, or any accessory structures such as car washes or above-ground storage facilities. (1) Front -- 35 feet. (2) Side -- 20 feet. (3) Rear -- 20 feet. (4) Other: (a) No canopy shall be located less than twenty (20) feet from any property line. (b) No gasoline pump island shall be located less than thirty (30) feet from any property line. (c) The entrance to a building wherein motor vehicles are washed by mechanical means shall be located a minimum distance of seventy-five (75) feet from the street lines to provide an off-street area of waiting vehicles. Car washes shall be a permitted accessory use at gasoline dispensing establishments. Car washes shall: 1. be fully automatic; 2. recycle all water used in the car washing process. f. Buffers. (1) A ten-foot wide landscape buffer shall be located along the street frontage. This buffer shall contain one (1) tree .ten (10) to fifteen (15) feet in height with a minimum three-inch caliper every forty (40) feet, a continuous hedge twenty-four (24) inches high, twenty-four (24) inches on center at time of planting with flowering groundcover. (2) Interior property lines. http://www.amlegai../24fa?f--templates&fn=document-frame.htm&q=gasoline&x=Simple&2. 9/3/2002 Kelerence Page _~ or 4 (a) A ten-foot wide landscaped buffer shall be located on all interior property lines. When the buffer separates the property from a residentially zoned property, the buffer shall contain a six-foot concrete wall landscaped on the exterior side by a continuous hedge no less than thirty-six (36) inches high and planted twenty-four (24) inches on center at time of planting; trees ten (10) to fifteen (15) feet in height with three-inch caliper every forty (40) feet; and groundcover. When the buffer separates the property from other commercial property, the buffer shall not be required to contain a concrete wall. Landscaping shall be continuously maintained. Commission. 1. The wall shall be kept in good repair and appearance at all times. 2. Openings with gates may be allowed where deemed appropriate by the City g. Design criteria. (1) All gasoline dispensing establishments located on designated out-parcels to shopping centers, business centers, or other planned commercial developments shall conform in design to the approved design plan of the principal center. (2) Gasoline dispensing establishments shall conform to the community design plan. (3) All gasoline dispensing establishments shall not install exterior site lighting which exceeds photometric levels of 60-foot candles average maintained. Light fixtures must be baffled, shielded, screened or recessed to prevent visibility of the lit portion of the fixture from off the premises. h. Conditional use. Gasoline dispensing establishments are hereby designated as a conditional use as that term is defined in Section 11.2. i. Distance separation requirements. No gasoline dispensing establishment shall be located within two hundred (200) lineal feet from a residential structure. Distances for the purpose of this subsection shall be measured from the boundary line of the parcel on which the gasoline dispensing establishment is located to the closest boundary wall of the residential structure. (4) As to all gasoline dispensing establishments that are an ancillary use located or operated in or from an ancillary building or structure within a parcel of land of not less than ten (10) acres within a "Planned Commercial District" (PCD) governed by Section 6.F. of the City of Boynton Beach Zoning Code, and which gasoline dispensing establishment is operated by the person(s) or entity(s) that operates the principal Use located on such parcel of land; and do not meet all of the requirements set forth under Subsection 3., above, the following shall be applicable: a. Setbacks. Setback requirements shall apply to all structures on the portion of the property on which the gasoline dispensing establishment is located, including the primary structure for the gasoline dispensing establishment, or any accessory structures such as above ground storage facilities. (1) Front - 35 feet. (2) Side - 20 feet. (3) Rear- 20 feet. http ://www.amlega.../24fa?f=templates&fn=document_frame.htm&q=gasotine&x_-Simple&2. 9/3/2002 Ill F, elerence l:'age ,4 oi o (4) Other: (a) No canopy shall be located less then twenty (20) feet from any property line. property line. (b) No gasoline pump island shall be located less than thirty (30) feet from any (c) No gasoline pump island or canopy shall be located less than two hundred (200) feet from any public right-of-way. (d) No gasoline dispensing establishment shall be located within two hundred (200) feet from a residential structure. Distances for the purpose of this subsection shall be measured from the closest gasoline pump island or canopy of the gasoline dispensing establishment to the closest boundary wall of the residential structure. b. Buffers. Except for permitted driveway openings, a five (5) foot wide landscaped buffer shall be located around that portion of the parcel of which the gasoline dispensing establishment is located. When the buffer separates the portion of the property on which the gasoline-dispensing establishment is located from a residentially zoned property, the buffer shall contain a six (6) foot high concrete wall landscaped on the exterior side by a continuous hedge no less than thirty-six (36) inches high and planted twenty-four (24) inches on center at the time of planting; trees ten (10) to fifteen (15) feet in height with three-inch caliper every forty (40) feet; and groundcover. When the buffer separates the portion of the property on which the gasoline dispensing establishment is located fi-om other commercial property, the buffer shall not be required to contain a concrete wall. Landscaping shall be continuously maintained. (1) The wall shall be kept in good repair and appearance at all times. (2) Commission. Openings with gates may be allowed where deemed appropriate by the City c. Design criteria. (1) All gasoline dispensing establishments under this Section 4. shall conform to the community design plan. (2) No gasoline dispensing establishments under this Section 4. shall be permitted to advertise product pricing on the site sign identifying the primary tenant or occupant. (3) All gasoline dispensing establishments under this Section 4. shall not install exterior site lighting which exceeds photometric levels of 60-foot candles average maintained. Light fixtures must be baffled, shielded, screened, or recessed to prevent visibility of the lit portion of the fixture from off the premises. d. Conditional use. Gasoline dispensing establishments defined as ancillary to a principal tenant of a planned commercial district are hereby designated as a conditional use as that term is defined in Section 11.2. http://www.am~ega.../24fa?f=-temp~ates&fn=d~cument-frame.htm&q=gas~~ine&x=Simp~e&2. 9/3/2002 I l 2.. txctm-=nc= ~'age I or z D. NONCONFORMING USES OF STRUCTUR2~S. EXHIBIT C 1. The nonconforming use of a building or other structure may be extended throughout any part of the building or structure which was clearly designed and intended for such use at the date of the effective adoption or amendment of these regulations. Any nonconforming use which occupies a portion of a building or other structure not originally designed or intended for such use shall not be extended to any other part of the building or structure. No nonconforming use may be extended to occupy any land outside the building or structure, nor any additional building or structure on the same plat, which was not used for such nonconforming use at the effective date of the adoption or amendment of these regulations. 2. No structure used for a nonconforming use shall be enlarged, extended, reconstructed or structurally altered, unless the use is changed to one which complies with the provisions of this chapter [ordinance]. However, ordinary repairs, maintenance and improvements, such as plumbing or wiring, replacement of nonbearing walls, fixtures or other interior alterations, shall be permitted each year in an amount not to exceed twenty-five (25) percent of the assessed value of the building or structure for that year as determined by the Palm Beach County Property Appraiser, subject to the provisions of the preceding paragraph and provided such work does not increase the cubic volume of the structure, the floor area devoted to the nonconforming use or the number of dwelling units. Nothing in these regulations shall prevent compliance with applicable laws or ordinances relative to the safety and sanitation of a building occupied by nonconforming use. E. NONCONFORMING STRUCTURES. The lawful existence of a structure or building at the effective date of the adoption or amendment to these regulations, although such structure or building does not conform to the building and site regulations of these regulations for minimum lot area and dimensions, minimum yard setback requirements, maximum building height, total floor area requirements, or other characteristics of the structure, or its location on the lot, may be continued so long as it remains otherwise lawful. A nonconforming structure or building (as opposed to a structure or building used for a nonconforming use) may be maintained and repaired, but it shall not be added to or altered in a fashion so as to increase the extent to which the structure or building is in violation of applicable regulations. A nonconforming structure or building may be added or altered if such alteration or addition does not in itself constitute a further violation of existing regulations. F. RECONSTRUCTION OR REMOVAL. If any structure is destroyed to such an extent that the cost of rebuilding, repair and reconstruction will exceed seventy (70) percent of its current assessed valuation as determined by the Palm Beach County Property Appraiser, or for any reason is moved any distance, it shall not again be used or reconstructed except in conformity with the provisions of these Land Development Regulations. G. CONTINUANCE, DISCONTINUANCE OR CHANGE OF NONCONFORMING USE. 1. A nonconforming use of land or structure shall not be changed to any other use except one which would be permitted as a conforming use in the district in which the land or building is located. However, no change shall be required in the plans, construction, or designed use of any structure for which a building permit was lawfully issued pursuant to Chapter 20 of the Land Development Regulations, and upon which construction has actually begun prior to the effective date of the adoption or amendment of these regulations. http://www.am~ega~.c~rn/b~ynt~n-beach-f~/~pex.../262d?fn=d~cument-frame.htm&f=temp~ate 9/3/2002 ~/,~ Kelerence t'age z oI z 2. Any part of a structure or land occupied by a nonconforming use which is changed to or occupied by a conforming use shall not thereafter be used or occupied by a nonconforming use. 3. If for any reason a nonconforming use of land, structure or any part thereof ceases or is discontinued for a period of more than six (6) consecutive months, except when government action impedes access thereto, the land shall not thereafter be used for a nonconforming use. http ://www. amlegal.com/boynton_beach_fl/lpex.../262d? fn=document_ frame.htm&f=_template 9/3/2002 .-'il I -Wl ler planning and zoning consultants EXHIBIT D July 31, 2002 Mr. Michael W. Rumpf, Director Planning and Zoning Department City of Boynton Beach 100 East Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 33425-0310 RE: Expansion of Texaco Gas Station at 2360 N. Federal Highway Dear Mr. Rumpf: Please let this letter serve as a request to appeal your decisions to the City Commission regarding an addition at Gateway Texaco, 2360 N. Federal Highway. Expansion of the Texaco Convenience Store (with Fuel Pumps) for dry storage; The expansion of the convenience store (by an addition to rear of 600 sq. ft.) for dry storage only does not increase the non-conformity of the existing facility and or its current use. The sale of gasoline (non-conforming use according to the Boynton Beach Zoning Code) at this location will not be increased. Many people shop at this convenience store that do not purchase gasoline. We are ready to show the difference in sales between the customers just purchasing gas, just purchasing groceries and purchasing gas and groceries. The closest grocery store to t.his location is the Winn Dixie at Hypoluxo Road and U.S. Highway 1, which is over a mile away. This convenience store is located within a short distance to numerous residential subdivisions along the east and west side of N. Federal Highway between the C-15 Canal and Hypoluxo Road. The location of this convenience store makes it very convenient for these people to shop at this store who do not need gasoline. Many people just shop in this store to purchase milk, cigarettes, soda, and other products where if this convenience store were not here, they would have to drive up to Hypoluxo Road to the Winn Dixie, using unnecessary gas, putting additional traffic on the roads, and polluting the air needlessly. Many people living in this area come to the convenience store by bicycle. It would be doing a disservice not to allow the addition on the rear of this building for dry storage only. Building an addition on the rear of the convenience store just for dry storage is not only a necessity for Mr. Marouf, but it may possibly cause him to go out of business if it is not allowed. Mr. Marouf had purchased a trailer, which is parked adjacent to rezoning concurrency conditional use, special exceptions, DRC approval site plans annexations comp plan amendments, variances (county, state, municipal) abandonments palm beach broward dude 8, all counties & cities in florida 9 northeast 16th street * delray beach, florida 33444 (561) 265-4983 * fax (561) 265-4611 * e-mail: bkruger@belisouth.net Mr. Michael W. Rumpf, Director page 2 July 31, 2002 the parking area south of the building. The only purpose for this trailer is to store sodas (An existing Code Enforcement Violation described below). There is not enough room in the building to store the soda and that is the reason the addition is being requested. Without this additional square footage to store soda, a large part of the business will be lost. Gas sales may not be discontinued but the convenience store may be forced to cease operation. Along with the addition for storage on the rear of the convenience store, Mr. Marouf will be renovating the exterior of the building to better fit in with the character of the residential neighborhoods surrounding this property. Our Architect is currently working on the elevations for the building. VIOLATION: Mr. Marouf currently has a violation before the Code Enforcement Board, Case# 1- 1450, Notice Date: June 18, 2001, with a running fine. The violation is for: PT- LDR.CH2. SEC. 6.C.6. C-3 / EXTERIOR DISPLAY / STORAGE; "STORAGE OF MERCHANDISE IN THE TRAILER IS NOT PERMITTED." "TRAILER MUST BE REMOVED." The trailer is being used to store soda. It is not plugged in to electricity nor does it have an operating refrigeration unit. The enclosed site plan illustrates where the addition will be located and how the additional parking spaces will be laid out. Therefore, the Texaco Convenience Store will not lose parking spaces but gain spaces with the addition for dry storage on the rear of the building The Only other alternative to allow the expansion of the convenience store for dry storage and change the convenience store with gas sales to conforming would be to change the Zoning Code to allow gasoline sales on intersections with other than just four (4) lanes in both directions. We do not want to do this because of the ramifications to the entire city by allowing of all of the other gasoline selling establishments to become conforming. By allowing the convenience store to expand for dry storage only will not increase gas sales and therefore will not increase the non conformity of this use. Beril .K~_~,.g'e r SENT BY FACSIMILE AND U.S. MAIL Ilk Reterence Page 1 or'4 Boynton Beach, FL Code of Ordinances PART III LAND DEVELOPMENT REGULATIONS* CHAPTER 1.5 PLANNING AND DEVELOPMENT GENERALLY EXHIBIT E Sec. 2.1 Quasi-Judicial Authority, functions, powers and duties. A. The CRA board shall have the authority and duty to hear and decide, in a quasi-judicial capacity, administrative appeals, special exceptions and variances. B. Administrative appeals. The board has the authority to hear and decide appeals when it is alleged that there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of any zoning ordinance or regulation adopted pursuant to the section. C. Special exceptions. The board has the authority and duty to hear and decide requests for special exceptions. To decide such questions as are involved in the determination of when such special exceptions should be granted. To grant special exceptions with appropriate conditions and safeguards or to deny such special exceptions when not in harmony with the purpose and intent of this section. The following standards apply to the board power to grant special exceptions: 1. The board shall find that in granting the special exception, the public interest will not be adversely affected. 2. The board may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made part of the terms under which the special exception is granted, shall constitute grounds for the revocation of the special exception and the certificate of occupancy or occupational license associated therewith. 3. The board may prescribe a reasonable time limit within which the action for which the special exception is required shall begin or be completed, or both. D. Variances. The board has the authority and duty to authorize upon appeal such variance from the teams of a city ordinance as will not be contrary to the public interest when, owing to special conditions, a literal enforcement of the provisions of the city ordinance would result in unnecessary and undue hardship. 1. In order to authorize any variance from the terms of an ordinance, the board must find: a. That special conditions and circumstances exist which are peculiar to the land, structure or building involved, and which are not applicable to other lands, structures or buildings in the same zoning district. b. That special conditions and circumstances do not result from the actions of the applicant for the variance. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this section to other lands, structures or buildings in the same zoning district. .../48e3?£-temp~ates&fn=d~cument-frame.htm&q=Pr~cedures%2~f~r%2~variances&x=Simp~e`9/3/2~~2 ! t~-~''' rage d. That literal interpretations of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. e. That the variance granted is the minimum variance that will make possible reasonable use of the land, structure or building. f. That the grant of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or be otherwise detrimental to the public welfare. g. For variances to minimum lot area or lot frontage requirements, that property is not available from adjacent properties in order to meet these requirements, or that the acquisition of such property would cause the adjacent property or structures to become nonconforming. The applicant for such variances shall provide an affidavit with the application for variance stating that the above mentioned conditions exist with respect to the acquisition of additional property. 2. In granting a variance: a. The board may prescribe appropriate conditions and safeguards in conformity with this section. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this section. b. The board may prescribe a reasonable time limit within which the action for which the variance is required shall begin, be completed, or both. c. Where variances of lot area and maximum densities are requested, and such variance, if granted, would cause the density to exceed the density shown on the future land use map of the city's comprehensive plan, the density created shall be construed to be in conformance with the comprehensive plan if the board finds that the variance meets the conditions set forth in this section for granting the same, and the variance would only allow for the construction of a single-family detached dwelling. E. .Procedures for variances, special exceptions and appeals of administrative actions. 1. Exceptions. Under no circumstances except as permitted above shall the board grant a variance to permit a use not generally or by special exception permitted in the zoning district involved or any use expressly or by implication prohibited in the applicable zoning district. No nonconforming use of neighboring lands, structures or buildings in other zoning districts shall be considered grounds for the authorization of a variance. 2. Review of administrative orders. In exercising its powers, the board may, upon appeal and in conformity with the provisions of this section, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination made by an administrative official in the enforcement of any zoning ordinance or regulation adopted pursuant to this section and may make any necessary order, requirement, decision or determination, and to that end shall have the powers of the officer from whom the appeal is taken. A majority vote shall be necessary to reverse an order, requirement, decision or determination of any such administrative official or to decide in favor of the applicant on any matter upon which the board is required to pass under this section. .../48e3 ? f=templates&fn=document- frame.htm&q=Procedures%20for%20variances&x=Simple 9/3/2002 t(e~erence Page 3 oS 4 3. Appeals from decision of administrative official. Appeals to the board may be taken by any person aggrieved or affected by any decision of an administrative official interpreting any zoning ordinance. Such appeal shall be taken within thirty (30) days after rendition of the order, requirement, decision, or determination appealed from by filing with the officer from whom the appeal is taken and with the board, a notice of appeal specifying the grounds thereof. 4. Stay of work and proceeding on appeals. An appeal to the board stays all work on the premises and all proceedings in furtherance of the action appealed from, unless the official from whom the appeal is taken shall certify to the board that, by reason of facts stated in the certificate, a stay would cause imminent peril of life or property. In such case, proceedings or work shall not be stayed except by a restraining order which may be granted by the board, or by a court of record on the application, on notice to the officer from whom the appeal is taken and on due cause shown. 5. Heating of appeals. The board shall fix a reasonable time for the heating of the appeal, give the public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any person may appear in person, by agent or attorney. Applicants shall be required to file a proper form (supplied by staff), a current certified survey accompanied by a fee as adopted by resolution of the City Commission. For procedural purposes, an application for a special exception shall be handled by the board as for appeals. 6. Review of decisions of the Board. Any person may appeal variance, special exception, or appeal of administrative order to the City Commission of the City of Boynton Beach within twenty (20) days after rendition of the decision by the CRA board. The decision of the City Commission shall be deemed final subject only to review by writ of certiorari to the Palm Beach County Circuit Court. 7. Withdrawal or denial of application. a. Upon the denial of an application for relief hereunder, in whole or in part, a period of one (1) year must elapse prior to the filing of a subsequent application affecting the same property or any portion thereof. b. Upon the withdrawal of an application, in whole or in part, a period of six (6) months must mn prior to the filing of a subsequent application affecting the same property or any portion thereof, unless the decision of the board is without prejudice; and provided that the period of limitation shall be increased to a two (2) year waiting period in the event such an application, in whole or in part, has been twice or more denied or withdrawn. c. An application may be withdrawn without prejudice by the applicant as a matter of right; provided the request for withdrawal is in writing and executed in a manner and on a form prescribed by the board and filed with the board at least one (1) week prior to any scheduled heating scheduled before the board concerning the application; otherwise, all such requests for withdrawal shall be with prejudice. No application may be withdrawn after action has been taken by the board. When an application is withdrawn without prejudice, the time limitations for re-application provided herein shall not apply. .../48e3 ? f--templates&th=document- frame.htm&q=Procedures%20for%20vatiances&x=Simple 9/3/2002 g.e~erence /-'age 4 ot 4 F. Advertising requirements. Required advertisements for the applicant's request must appear in newspaper of general circulation in the City of Boynton Beach, at least fifteen (15) days prior to the scheduled CRA board meeting. All required notices to surrounding property owners must be postmarked no later than fifteen (15) days prior to that scheduled public hearing. (Ord. No. 00-70, § 2, 12-19-00) · .-/48e3?f=templates&fia=document-frame.htm&q=Procedures%20for% 20variances&x=Simple 9/3/2002 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: GATEWAY TEXACO (ADAP 02-001) APPLICANT'S AGENT: Beril Kruger APPLICANT'S ADDRESS: 9 NE 16th Street., Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 17, 2002 TYPE OF RELIEF SOUGHT: Administrative Appeal LOCATION OF PROPERTY: 2360 North Federal Highway DRAWING(S): SEE EXHIBIT "A", "B", "C", "D", "E" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby ... GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk J:\SHRDATA\Planning\SHARED\WP\FORMS\Blanks forms folder\Develop. Order Form-2001- Revised.doc Ae New Business Land Use Plan Amendment/Rezoning Merano Bay (LUAR 02-006) DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 02-206 TO: FROM: Chairman and Members Community/~elopment Dick H uds°~'l/~CP Senior Planner Agency Board THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: September 30, 2002 Project/Applicant: PRO.] ECT DESCRIPTION Merano Bay/Woodside Land Development Corp. Agent: Carlos Ballb(~ Owner: AutoZone, Inc. Location: Southeast corner of Shore Drive and North Federal Highway File No: Land Use Amendment/Rezoning (LUAR 02-006) Property Description: Vacant property consisting of +1.75 acres, classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial Requested change~use:/To reclassify the subject property from Local Retail Commercial /_(LRC) to High Density Residential (HDR), and rezone from C-3 '~ Community Commercial to :[PUD - Tnfill Planned Unit Developmenl ~-7 in order to construct a 20-unit fee simple townhouse community. Adjacent Land Uses and Zoning: North: Right-of-way of Shore Drive, then developed commercial (Yachtsman's Plaza) designated Local Retail Commercial (LRC) and zoned C-3 Community Commercial. South: Right-of-way of Boynton (C-16) Canal, then developed single-family residential (Harbor Estates) designated Mixed Use (MX) and zoned R-l-AA Single Family Residential (5.4 du/ac). East: Right-of-way of Shore Drive, then developed single-family residential (Coquina Cove) designated Low Density Residential (LDR)(4.84 du/ac) and zoned R-l-AA Single Family Residential (5.4 du/ac). Page 2 File Number: LUAR 02-006 Merano Bay West: Rights-of-way of Federal Highway and the Florida East Coast (FEC) Railroad, then undeveloped property designated Local Retail Commercial (LRC) and zoned C-3 Community Commercial. MASTER PLAN ANALYS:[S A master plan is required for all requests to rezone to Planned Unit Development (PUD) or Infill Planned Unit Development ([PUD). For this project, the site plan also functions as the master plan. Generally, staff is in favor of converting the existing vacant commercial property to a residential use and to increase the overall allowable density to 11.46 dwelling units per acre. However, this exceeds the maximum density of the High Density Land Use Classification. Under its present land use the property could be developed for the range of commercial uses permitted with the existing Local Retail Commercial designation. This land use designation also allows rezoning to the TPUD zoning district at a density of 10.8 dwelling units per acre for a total of 18.9 units. The developer requested a change of land use to the High Density Residential, which also has a maximum density of ].0.8 dwelling units per acre, while a change to Special High Density Residential land use would allow the necessary 20 dwelling units per acre. The City Commission adopted the Federa/Highway Corridor Redeve/oprnent P/an on May 15, 2001 to allow for a variety of housing styles at intensities that will assist in supporting the downtown redevelopment. It also served as a catalyst to encourage redevelopment and infill development of the eastern portion of the City along Federal Highway and to promote the overall general economic expansion of the City. Implementation of the P/an included an amendment to the Land Development Regulations to create the IPUD zoning district. This new zoning district allows for a greater variety of housing types in order to redevelop infill parcels, specifically along the Federal Highway corridor. This new zoning district allows for greater flexibility in terms of lot size and setback restrictions. As promulgated in the Comprehensive Plan, all development proposed within the IPUD should exceed the basic development standards of the conventional residential zoning districts. This characteristic should be evident in terms of a project's site design and site amenities. This project represents one of the first requests for the IPUD zoning district designation. Staff recognizes this circumstance and expects the best possible development, in particular, that this project will set the standard for future IPUD developments. Staff determined that the layout of the buildings, the allocation of back-up space, and the distance between each building are in the optimal configuration and therefore, exceed the basic development standards. Tn conclusion, the proposed site plan does meet the intent of the TPUD zoning district. As previously stated, the subject property would be eligible for 10.8 units / acre or 18.9 total units if converted to a residential use under the existing commercial land use. The plan proposes 20 total units or two (2) additional units over the current maximum allowable number of units. The plan and its configuration of the townhouses buildings satisfy optimal design objectives without forfeiting on any site amenities. Staff is recommending that the rezoning to the TPUD zoning district and master/site plan be approved contingent upon the approval of a reclassification to the Special High Density land use classification, which allows the proposed density, or the reduction in units to conform to the maximum density (10.8 units per acre) currently allowed. Page 3 File Number: LUAR 02-006 rvlerano Bay PRO3ECT ANALYSIS The eight criteria used to review Comprehensive Plan amendments and rezonings are listed in Article 2, Section 9, Administration and EnForcement, Ttem C. Comprehensive P/an Amendments: Rezon/ngs. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. Whether the proposed rezon/ng would be cons/stent with applicable comprehensive p/an poi/des including but not//m/ted to, a prohibit/on against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval o? the Pain Beach County Emergency Planning Division and the City's risk manager. The planning department shall aisc recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comp/)/with po/ides contained in the comprehensive p/an. The property in question does lie east of Federal Highway, and therefore is in the hurricane evacuation zone for a Category I (Saffir/Simpson Scale) hurricane; however, the applicant proposes to develop a townhouse community of only 20 units, therefore falling below the 50- unit level. Staff would recommend that the developer apprise each homebuyer in the development of the fact that they are buying property in a hurricane evacuation zone and provide a mechanism to disseminate continuing information to residents concerning hurricane evacuation and shelters through a homeowners' or residents' association. Policy 1.13.3 of the Land Use Element reads: "The City shall continue to encourage/nfl//development and redevelopment by implementing actions of the Boynton Beach 20/20 Redevelopment Master P/an, and the po#des contained in the Coastal Management Element." The adoption of the :Infill Planned Unit Development (TPUD) regulations was a direct response to the cited policy directions as well as policy directions in the Federal Highway Corridor Community Redevelopment P/an. The introduction to the regulations states: "It is a basic public expectation that landowners requesting the use of the IPUD d/strict wi//develop design standards that exceed the standards of the basic development standards in terms o? site design, building architecture and construction mater/a/s, amen/t/es and landscape design. The extent of variance or exception to basic design standards, including but not//m/ted to requirements /:or parking spaces, parking lot and drcu/ation design, and setbacks, wi//be dependent on how we//the above stated planning expectations are expressed in the proposed development p/an." The site plan (Exhibit B) for the proposed development will, upon approval, become the master plan for the ~[PUD. Tt also meets the basic expectations of the code through the provision of notable architectural character that will be an enhancement to the corridor; convenient and Page 4 File Number: LUAR 02-006 Merano Bay adequate parking as well as recreational amenities for residents and guests; and landscaping that is both varied and abundant. Whether the proposed rezon/ng would be contrary to the established/and use pattern, or would create an isolated d/strict unrelated to adjacent and nearby districts, or would constitute a grant o? spec/a/ privilege to an individual property owner as contrasted w/th the protect/on of the pub/lc we/fare. The proposed rezoning would not create an isolated district, but would relate to the adjacent single-family residential lands to the east and will form a logical transition between that lower density residential development and the commercial development, lying to the north of the subject site, along Federal Highway. Whether changed or changing conditions make the proposed rezoning desirable. A number of changed and changing conditions make the proposed rezoning desirable. The Federal/-I/ghway Corridor £ommun/ty Redevelopment Plan, adopted by the City Commission on IVlay 15, 2001, included the following strategy to provide a strong residential base that is aesthetically inviting: "£ncourage a variety of housing. Deve/op intensity standards that a/iow For a variety of housing sty/es and types at intensities that will ass/st in supporting the downtown and general economic expansion." In response to this strategy, the city adopted amendments to the land development regulations, adding the Infill Planned Unit Development (IPUD) zoning district to allow a greater range of housing types to be developed on infill parcels, specifically along Federal Highway in the entrance districts. Residential densities for the IPUD zoning district can range from 10.8 du/ac to 20 du/ac. The two entrance districts are defined by the redevelopment plan as the areas of the Federal Highway corridor from the north city limits to the Boynton (C-16) Canal, and from Woolbright Road to the south city limits. The IPUD zoning district regulations are relatively flexible in order to encourage developer creativity, including townhouse developments on small infill and redevelopment parcels in exchange for a superior residential project that exceeds conventional standards. In addition, the South Florida housing market is experiencing a growing popularity of townhouse developments as a residential unit of choice, particularly in urban areas. d. Whether the proposed use wou/d be compat/b/e w/th uti/ity systems, roadways, and other pub//c fac/fit/es. Development of the property for residential use will reduce the demand for water and sewer capacity from the potential demands, if the property is developed with the commercial uses and intensities allowed under the existing land use and zoning. Likewise, utilizing the daily trip generation rate used by the Fair Share Road Tmpact Fee Schedule, the project is expected to have a total average trip generation of 140 trips per day. This is far less than the 2,623 trips per Page 5 File Number: LUAR 02-006 Merano Bay day that 61,000 sq. ft. of commercial space would generate, if the property were developed under its present land use designation. Tt is also less than the 500 trips per day threshold requiring submittal of a traffic impact analysis. With respect to solid waste, the SWA has stated in a letter dated December 18, 2001, that adequate capacity exists to accommodate the county's municipalities throughout the 10-year planning period. The Palm Beach County School District has reviewed the project for school concurrency and approved it. Lastly, drainage will also be reviewed in detail as part of the review of the conditional use application, and must satisfy all requirements of the city and local drainage permitting authorities. Whether the proposed rezon/ng wou/d be compatib/e with the current and future use of adjacent and nearby properties, or wou/d affect the property' va/ues of adjacent or nearby properties. The master plan for the proposed use shows a residential development with easily accessible recreational amenities, attractive elevations and well-designed residences that will have a positive effect on adjacent residential property values. f. Whether the property is physica//y and econornica//y deve/opab/e under the ex/sting zoning. Under its present land use and zoning the property could be developed for the range of commercial uses permitted in the C-3 Community Commercial zoning district. ]:n 1998 a request for site plan approval was submitted to construct a 7,234 sq. ~. retail commercial building for auto parts sales. The applicant withdrew the application prior to review by the City Commission. Whether the proposed rezon/ng is of a sca/e which is reasonab/y re/ated to the needs of the neighborhood and the city as a who/e. The proposed development is exemplary of the type of redevelopment and infill projects envisioned when the ]:PUD regulations were adopted in that the design well exceeds the requirements of the basic development standards as cited under the response to criterion "a", above. This and similar developments will help to underpin the redevelopment efforts in the Federal Highway Corridor and also increase the variety of types and styles of housing to support general economic expansion. h. Whether there are adequate sites e/sewhere in the city for the proposed use, in districts where such use is already a//owed. There are very few residentially designated sites in the City that provide opportunities for small to medium-sized developments of this type. CONCLUSTONS/RECOI~It4 ENDA'I'~ONS As indicated herein, this request is consistent with the intent of the Infill Planned Unit Development zoning district; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that Page 6 File Number: LUAR 02-006 Merano Bay the rezoning to the IPUD zoning district and master/site plan be approved subject to the Conditions of Approval accompanying the site plan, which upon approval, becomes the master plan for the IPUD, and contingent upon the approval of a reclassification to the Special High Density land use classification, which allows the proposed density, or the necessary reduction in units as described herein. If the Community Redevelopment Agency Board or the City Commission recommends conditions, they will be included within Exhibit "C". ATTACH M ENTS .I:\SHRDATA\Planning\SHARED\WP\PRO.1ECTS\MERANO 8AY~LUAR\SITAFF REPORT LUAR,doc Location Map Merano Bay EXHIBIT "A" z ~ N~-~ :'.}SITE N~13THr A.~/E , . i ; . j"~ LAKEicwwWORTH BOYNTON CANAL C-16 8O0 800 Feet EXHIBIT "C" Conditions of Approval Project name: Merano Bay File number: NWSP 02-014 Reference: 2nd Review plans with a Planning & Zoning date stamp marki tg of September 24 2002. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: 1. Minimum backup distance for 90° parking is 24 feet. Revise roadway width accordingly. 2. Reference FDOT Standard Index 546 for the sight triangles along all collector and arterial roadways. A 10 feet x 10 feet sight triangle is inadequate for Federal Highway. It is also necessary to check sight distances at the intersection of Shore Drive and Federal Highway to ensure there is no conflict with sight distances and the new privacy wall on the north property line UTILITIES Comment.q: 3. Fire flow calculations will be required demonstrating the City Code requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (see CODE, Section 26-16(b)). In addition, the LDR, Chapter 6, Article IV, Section 16 requires that all points on each building be within 200 feet of an existing or proposed fire hydrant. Please demonstrate that the plan meets this condition, by showing all hydrants, both existing and/or proposed. 4. A "Hold-Harmless" agreement with the Utilities Department, for maintenance and repairs, will be required where paverblock is placed within the utility easements. Comments: None POLICE Comments: None ENGINEERING DIVISION Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 5. All work done within the Federal Highway right-of-way shall require FDOT approval and permitting. 6. Sheet SP-1 of 1 refers to the relocation of several signs and power poles along Federal Highway. Indicate where the signs will be relocated to and who will perform the work. All work done within the Federal Highway right-of-way will require FDOT approval and permitting. 7. Indicate to what standard the project is to be constructed; if the FDOT Standard Specifications for Road & Bridge Construction and Standard Index are to be used - the 2000 Specifications are recommended since they contain both English and Metric units. 8. Provide written and graphic scales on all sheets. 9. Sections A-A, B-B, and C-C are indicated on Sheet D I of 1 but no typical sections were found in the plan set. 10. Provide a detail for the paverblock driveways. BUILDING DMSION Comments: 11. Sheet A-1 - Pool House Front Elevation - shows a water feature and floor plan shows a drinking fountain. Clarify. Drinking Fountain shall comply with 2001 Florida Buildin$ Code, Section 11-4.1.3 (10)(A). PARKS AND RECREATION Comments: 12. The Park and Recreation Facilities Impact Fee requirement for Single Family Attached Homes is based on $771 per unit. Since there are 20 single family attached homes shown on the plan, the fee is computed to be $15,420 ($ 771 x 20 units). Fee is due at the time of the first applicable building permit. FORE STER/ENVIRONME~NTA I.IST Comments: 13. The applicant should provide a tabular summary on sheet L-1 showing that the site contains a minimum of 50% native species. All trees must be minimum of 12 feet in height. Revise plans. DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 14. Approval of this site plan is contingent upon the approval of rezoning to Infill Planned Unit Development (IPUD). 15. The site plan tabular data indicates that the total pervious area is 0.74 acres or 42.7% of the total site. Likewise, the tabular data indicates the setbacks for concrete patios for each townhouse, which can be built out in the future. In the tabular data, provide the pervious area if all townhouses built concrete patios pursuant to the PUD's self-imposed restrictions. In addition, on the site plan, outline the area (in a soft dashed line) of the patio area if developed according to the maximum allowable restrictions. 16. Ifa fence is required around the pool / clubhouse area, provide a detail of the fence including the dimensions, material, and color (Chapter 4, Section 7.D.). 17. Fifty percent (50%) of site landscape materials must be native species. Indicate the amount of native material in the plant list of the landscape plan (Chapter 7.5, Article II, Section 5.P). 18. Coordinate with the City Forester / Environmentalist regarding the installation of brick pavers and palm trees within the U.S. 1 right-of-way. 19. Staff recommends placing a Palm Tran bus shelter along Federal Highway. The shelter dimensions are typically six (6) feet in width by nine (9) feet in length. If a bus shelter is located nearby, staff would also recommend collaborating with Palm Tran and the affected property owner (FDOT) in order to upgrade the facility. 20. No signage was submitted with these plans. Any proposed sign will require separate review and approval. 21. Provide a note on the plan stating that the proposed buffer wall be painted to match the color of the buildings. 22. On the elevation sheet label all major exterior finishes to include the manufacturer's name and color code. 23. A 24-foot backup is required for unit 1 and 20. A Waiver is required. ADDITIONAL COMMUNITY REDEVELOPMENT BOARD AGENCY CONDITIONS Comments: 1. To be determined. Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WP\PROJ ECTS\M ERANO BA'C, NWSP\COA.doc New Business B. New Site Plan Merano Bay (NWSP 02-014) DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 02-209 SITE PLAN REVIEW STAFF REPORT COMMUNITY REDEVELOPMENT AGENCY AND CITY COMMISSION October 3, 2002 DESCRIPTION OF PROJECT Project Name/No.: Merano Bay/NWSP 02- 014 Property Owner: AutoZone, Inc. Agent: Carlos Ballb6, Woodside Land Development Corp. Location: Southeast corner of North Federal Highway and Shore Drive Current Land Use/ Zoning: Local Retail Commercial (LRC)/CommunityCommercial (C-3) Proposed Land Use/ Zoning: Unchanged (see analysis)/Infill Planned Unit Development (IPUD) Type of Use: Fee-simple Townhouses Project size: Site Area: Number of units: Lot Coverage Area: Gross Density:. 1.75 acres (76,025 square feet) 20 dwelling units 0.52 acres (29.5%) 11.46 dwelling units per acre Adjacent Uses: (see Exhibit "A" - Location IVlap) North: Right-of-way for Shore Drive, farther north developed commercial (Yachtsman's Plaza) classified Local Retail Commercial (LRC) and ~ned C-3 Community Commercial; South: Right-of-way for Boynton (C-16) Canal, farther south developed single-family residential (Harbor Estates) classified Mixed Use (MX) and zoned R-l-AA Single Family Residential; East: Right-of-way for Shore Drive, farther east developed single-family residential (Coquina Cove) classified Low Density Residential (LDR) and zoned R-l-AA Single Family Residential; West: Rights-of-way for Federal Highway and the Florida East Coast (FEC) Railroad, farther west undeveloped property classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial. Proposal: Carlos Ballb~, agent for Woodside Land Development Corporation, proposes to construct 20 fee-simple townhouse units in four (4) separate buildings on a 1.75-acre parcel (see Exhibit "B" - Proposed Site Plan). The plan also includes a recreation area with a pool. Each of the proposed buildings is composed of five units. The buildings are proposed to be located around a circular driveway. The first two (2) buildings (Building 1 and 2) will be located along the south property line. Building 3 will be located along the northeastern portion of the site while the last building (Building 4) will be located at the north property line of the project abutting Shore Drive. Each building would be two (2) stories high and include three (3) to four (4)-bedrooms, and three (3) bathroom units. In addition, a land-use Page 2 Merano Bay Site Plan Review Staff Report Memorandum No. PZ 02-209 amendment / rezoning application (LUAR 02-006) is being processed concurrently with. this site plan. It should be noted that in 1998 a request for site plan approval was submitted to construct a 7,234 sq. ft. retail commercial building for auto parts sales. The applicant withdrew the application prior to review by the City Commission. Site Characteristics: The subject property is one (1) irregularly-shaped parcel totaling 1.75 acres located at the southeast corner of North Federal Highway (U.S. Highway No. 1) and Shore Drive. The vacant lot is undeveloped, relatively flat, and vegetated with a variety of field grasses. The site contains a tropical almond tree, a Banyan tree, Phoenix Reclinata and several Ficus trees and Cabbage palms. Concurrency: a. Traffic- A traffic statement for this project was submitted and sent to the Palm Beach County Traffic Division for their review and approval. The Palm Beach County Traffic Division has determined that the project meets the Traffic Performance Standards of Palm Beach County. Drainage - Conceptual drainage information was provided for the City's review. The City's concurrency ordinance requires drainage certification at time of site plan approval. The Engineering Division is recommending that the review of specific drainage solutions be deferred until time of permit review, when more complete engineering documents are required. :ways: The entrance would be comprised of a 12-foot wide ingress driveway and a 12-foot wide egress driveway at North Federal Highway. This point of ingress / egress will have a median in the center of the opening to direct vehicular traffic in and out of the subject property. This entrance will have brick pavers to provide a more desirable appearance. The applicant is proposing one interior driveway measuring 20 feet in width providing circulation around the recreation area and within the project. Parking Facility:. Landscaping: A total of 40 parking spaces are required for the proposed residential use based on the ratio of two (2) spaces per dwelling unit. The applicant is providing 43 spaces. Each townhouse unit will contain a one (1)-car garage with a one (1)-car driveway space with addition driveway width capable of accommodating a third vehicle. The garages are dimensioned a minimum 10 feet in width by 19 feet in length. The actual garage opening will be 8 feet in width, which appears narrow, but there is no applicable code regulation. A total of three (3) additional parking spaces including one (1) handicapped space are proposed at the swimming pool area, which is a requirement of the American with Disabilities Act. However, the plan contains no other provision for overflow or guest parking. All additional parking spaces excluding the handicap space will be dimensioned at least nine (9) feet by eighteen feet (9' x 16'). The backup distance for these parking spaces will be 24 feet with exception to units 1 and 20 where the vehicular backup area will be respectively 18 feet and 19 feet. As proposed, vehicles backing out of these garages, will make a "3-point maneuver within this 18 or 19-foot area and then exit the site via the 20-foot wide main circular access driveway. Therefore, staff is recommending that the applicant request a waiver for the backup requirement for units 1 and 20 (see Exhibit "C"- Conditions of Approval). The plan does not provide for any on street parking because the interior roadways function as drive aisles and will be only 20 feet in width to meet the Fire Safety Code. The proposed pervious area of the parcel equals 0.74 acres or 42.47% of the total site. The overall landscape plan shows at least 54 trees, most of which will be native. In fact, the majority of all landscape material will be native. Along the north and west property line, a Page 3 Merano Bay Site Plan Review Staff Report Memorandum No. PZ 02-209 Building / Site: six-foot high concrete wall setback three (3) feet from the property line is proposed. This wall will end near Building 3 (northeastern portion of the property) where extensive trees are located, and screens the subject propertyfrom Shore Drive. The north (adjacent to Shore Drive) and west (along N. Federal Highway) buffers will be at least five (5) feet in width. The landscape plan (Sheet "L2") proposes fifteen (15) Green Buttonwood trees, twenty-three (23) Foxtail Palm trees, six (6) Hibicus, Redtip Cocoplum hedges, Evergreen Giant Liriope, Aztec Grass, Dwarf Mexican Bluebell and assorted annuals. At the northwest corner of the site, the plan proposes a cluster of four (4) Foxtail Palm Trees and a Silver Bismarck Palm tree supplemented with some colorful annuals. The southern buffer will include ten (10) Green Buttonwood trees spaced at a minimum of 30 feet apart with two (2) Yellow Trumpet trees. According to Sheet "L2", the entrance to the site would have a Purple Glory tree (Tibouchina Granulosa) and a row of Redtip Cocoplum on each side and assorted annuals. Both sides would have Royal Palm trees. The landscaped median at the entrance between the entry and the exit lane would also be lined with Royal Palm trees, Hibiscus, Wax Jasmine, Dwarf Mexican Bluebell, Purple Queen, I~ra, Variegated Liriope, and assorted annuals. The landscape material proposed in the front of each building will consist of a cluster of three (3) Montgomery Palm trees, Wax Jasmine, Variegated Scheffiera, Evergreen Giant Lirope, and Red Pentas while at the end of the buildings, a row of Redtip Cocoplum is proposed. Additional tall grass (i.e. Royal Palms) should be added to the side of unit #10 to soften the fa[:ade exposed to the adjacent homes. The proposed recreation area (cabana and pool), centrally located on the property, would include, six (6) Royal Palm trees, six (6) Green Malayan Coconut Palm trees. The landscape plans also propose Glossy Privet, Ixora, Aztec Grass, Hibiscus, Variegated Scheffiera, Dwarf Mexican Bluebell, Purple Queen, and some annuals. The IPUD zoning district allows buildings to reach a maximum height of 45 feet, however, a lesser height could be imposed if compatibility with adjacent properties becomes an issue. The proposed two (2)-story fee-simple townhouses will be 25.5 feet at the bond beam of the roof. According to site plan (sheet SP 1) a C.B.S. wall, six (6) feet in height would be placed along most of the west property line and the entire north property line. The new wall would be setback at least four (4) feet from the north and west property line (facing U.S. 1 and Shore Drive). The 20 dwelling units are proposed to be contained within 4 separate buildings on the 1.75- acre site. The proposed density is 11.46 dwelling units per acre. Each of the 4 buildings will contain one (1) of two (2) types of units. The model styles range from three (3) to four (4) bedrooms with three (3) bathrooms but vary slightly in terms of their overall area. The models are as follows: three (3) bedroom/3 bath units (1,944 square feet), and four (4) bedroom/3 bath units (2,234 square feet) which are located at the end of each proposed building. The IPUD zoning district has no actual building setback requirements, however, the buildings are arranged in such a way that they will exceed the basic development standards. All of the five (5)-unit buildings are proposed to be setback between 7.5 feet to 16 feet from any property lines. The building separation is proposed at a minimum of 20 feet. Page 4 Merano Bay Site Plan Review Staff Report Memorandum No. PZ 02-209 Community Design: The proposed buildings and clubhouse resemble a Neo-Mediterranean design. The majority of exterior walls of the buildings will have a stucco finish with two (2) options of color, but one (1) option per building. The color options are proposed as follows: Benjamin Moore #2153-40 Cork and Benjamin Moore Chester Town Buff #HC9. However, at the level of the second story the wall will be accentuated with a pattern of diagonal stucco score lines on the front and sides of the buildings while the remainder of the walls at the end of the buildings will show a series of vertical and horizontal score lines. All accent features such as entry doors, pre-cast concrete balustrades and caps, pre-cast columns, and all architectural enhancements such as raised trim and smooth stucco banding will be painted Lancaster White or Navajo White. The overhangs will be painted Benjamin Moore Rich Clay Brown #2164-30. The roof is proposed to be constructed of Spanish roof tiles, terra-cotta in color. The proposed development would have a buffer wall six (6) feet in height mainly along the west and north property lines. The color of the wall is unknown. However, staff is recommending that the wall be painted to match the color of the buildings. The plans propose one (1) type of freestanding outdoor lighting fixture, namely, the Type "A" light post. The light post will be 18 feet tall. The material will be a round concrete pole, white in color. Signage: No project signs are proposed at this time. Any future signage will require separate review and approval by the CRA Board (see Exhibit "C"- Conditions of Approval). I' 'IGN ANALYSIS & CRITIQUE: A master plan is required for all requests to rezone to Planned Unit Development (PUD) or Infill Planned Unit Development (IPUD). For this project, the site plan also functions as the master plan. Generally, staff is in favor of converting the existing vacant commercial property to a residential use and 'to increase the overall allowable density to 11.46 dwelling units per acre. However, this exceeds the maximum density of the High Density Land Use Classification. Under its present land use and zoning the property could be developed for the range of commercial uses permitted within the C-3 Community Commercial zoning district and existing Local Retail Commercial designation, which includes residential multi-family use at a density of 10.8 dwelling units per acre for a total of 18.9 units. This land use designation also allows rezoning to the IPUD z~ning district at a densityof 10.8 dwelling units per acre for a total of 18.9 units. The developer requested a change of land use to High Density Residential, which also has a maximum density of 10.8 dwelling units per acre, while a change to Special High Density Residential land use would allow the necessary 20 dwelling units per acre. The High Density Residential (HDR) land use designation allows for the following zoning districts: Multi-Family Residential (R-3), PUD, and the IPUD. The R-3 zoning district contains restrictions on minimum lot size (4,000 square feet) and building setbacks. The setbacks for the R-3 zoning districts are as follows: Front - 40 feet, Side - 20 feet, and Rear- 40 feet. The lot size and building setback requirements of the R-3 zoning district are much more stringent than the self-imposed restrictions of the IPUD zoning district. As previously stated, the HDR land use designation also allows for the PUD zoning district. The intent of the PUD is to promote and encourage development in tracts that are suitable in size, location and in character for the intended uses and structures proposed within them. The development shall be planned and developed as unified and coordinated units. However, the minimum recommended land area necessary for the PUD designation is five (5) acres. The subject property is less than five (5) acres and therefore is not ideally s~'"-,ble for to the PUD ~ning district. The City Commission adopted the Federal Highway Corridor Redevelopment Plan on May 15, 2001 to allow for a variety of housing styles at intensities that will assist in supporting the downtown redevelopment. It also served as a catalyst to encourage redevelopment and infill development of the eastern portion of the City along Federal Page 5 Merano Bay Site Plan Review Staff Report Memorandum No. PZ 02-209 I~,ghway and to promote the overall general economic expansion of the City. Implementation of the Plan included an amendment to the Land Development Regulations to create the IPUD zoning district. This new zoning district allows for a greater variety of housing types in order to redevelop infill parcels, specifically along the Federal Highway corridor. This new zoning district allows for greater flexibility in terms of lot size and setback restrictions. As promulgated in the Comprehensive Plan, all development proposed within the IPUD should exceed the basic development standards of the conventional residential zoning districts. This characteristic should be evident in terms of a project's site design and site amenities. This project represents one of the first requests for the IPUD zoning district designation. Staff recognizes this circumstance and expects the best possible development, in particular, that this project will set the standard for future IPUD developments. Staff determined that the layout of the buildings, the allocation of back-up space, and the distance between each building are in the optimal configuration and therefore, exceed the basic development standards. In conclusion, the proposed site Plan does not meet the intent of the Comprehensive Plan regarding the High Density Residential land use designation and the IPUD zoning district due to it exceeding the maximum density by two (2) units. As previously stated, the subject property would be eligi~ele for 10.8 units / acre or 18.9 total units if converted to a residential use under the existing commercial zoning or reclassified to the High Density Residential land use classification. The plan proposes 20 total units or two (2) additional units over the current maximum allowable number of units. Therefore, the project must be reduced by two (2) units or the land use reclassified to Special High Density Residential Density classification. RECOMMENDATION: Staff recommends that this site plan request be approved contingent upon the approval of the concurrent I~--~/use rezoning requests and all other comments included in Exhibit "C" - Conditions of Approval. The '~ ~nical Review Committee (TRC) recommends that the deliciencies identified in this exhibit be corrected on the set of plans submitted for building permit. xc: Central File S:~Pla~ning\SHARED\WP~PROJECTS\MERANO BAY~NWSP-02-014\STAFF REPORT.doc Location Map Merano Bay EXHIBIT "A" BOYNTON CANALC-16 8OO 800 Feet LAKE WORTH IC~ © z~ EXHIBIT "B" z ~ I ~ U_ EXHIBIT "B" o EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" II'ON A~MHglH 'S'i'l) ~ T J~ EXHIBIT "B" : ' 3. 1 'ON A'~MH~)IH'S'nl ~,, Ovo~ 3z~ls ~ EXHIBIT "B" 'UO!leAal3 pue Ueld aJnleaj Ailu3 · suo!1eAal3 JO!JEJ:J×3 pue Ueld asnoH IOOd Z ¥C]lt:lO-l--I 'HO¥=IE] NO.LNXOE] .L'v' ),¥E~ ON¥1:J::I~ EXHIBIT "B" ¥01~0-1=1 'H0¥~8 NOINi08 1¥ I¥80NYtJz~Pl EXHIBIT "B" .v. - "l-3QOl~ ¥Q1~0"1-t 'HO¥~IE] NO_[NAO~ .L¥ ~¥~ IIII ¥C]11::10"1:::1 'H0¥:=18 NOJ.NXOG/¥ X¥80NYJ:::l:q~ EXHIBIT "B" ¥01~0"1-1 'hO¥~] NO.,LNX08 1¥ ),¥80N¥~::q~l EXHIBIT "B" EXHIBIT "B" :ii ':! ltJ EXHIBIT "B" EXHIBIT "B" oo m ,;ifil ! EXHIBIT "B" /$,7.. EXHIBIT "C" Conditions of Approval Project name: Merano Bay File number: NWSP 02-014 ,a Plannin & Zonin date stam tarking of September 24, 2002. Reference: z mevlew piaii~ wi[il ~ DEPARTMENTS ~CL~E ~CT PUBLIC WO~S- Generfl Co~ents: None PUBLIC WO~S- Tr~fic Co~ents: 1. Minimum bac~p distance for 90° parhng is 24 feet. Revise roadway width accordingly. 2. Reference FDOT St~dard ~dex 546 for the sight ~i~gles along all collector and arterial roadways. A 10 feet x 10 feet sight ~i~gle is inadequate for Federal Highway. It is also necessau to check sight distances at the intersection of Shore Drive and Federal Hi,way to ensure there is no conflict with sight dist~ces and the new privacy wall on the no~h prope~ line UTILITIES Comment~: 3. Fire flow calculations will be required demons~ating the CiW Code requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, ~icle Section 16, or the requirement imposed by insur~ce unde~it~s, w~chever is geater (see CODE, Section 26-16(b)). ~ addition, the LDR, Chapt~ 6, ~icle ~, Section 16 requires that all points on each building be ~thin 200 feet of an existing or proposed fire hydrant. Please demons~ate that the pl~ meets this condition, by showing all hydr~ts, both existing an~or proposed. 4. A "Hold-Ha~ess" ageement ~th the Utiliti~ Depaament, for maintenance and repairs, will be required where paverblock is placed within the utiliW easements. FI~ Co~ents: None POLICE Co~ents: None ENGINEE~NG DI~SION Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 5. All work done within the Federal Highway right-of-way shall require FDOT approval and permitting. 6. Sheet SP-1 of 1 refers to the relocation of several signs and power poles along Federal Highway. Indicate where the signs will be relocated to and who will perform the work. All work done within the Federal Highway right-of-way will require FDOT approval and permitting. 7. Indicate to what standard the project is to be constructed; if the FDOT Standard Specifications for Road & Bridge Construction and Standard Index are to be used - the 2000 Specifications are recommended since they contain both English and Metric units. 8. Provide written and graphic scales on all sheets. 9. Sections A-A, B-B, and C-C are indicated on Sheet D1 of 1 but no typical sections were found in the plan set. 10. Provide a detail for the paverblock driveways. BUILDING DIVISION Comments: 11. Sheet A-1 - Pool House Front Elevation - shows a water feature and floor plan shows a drinking fountain. Clarify. Drinking Fountain shall comply with 2001 Florida Building Code, Section 11-4.1.3 (10)(A). PARKS AND RECREATION Comments: 12. The Park and Recreation Facilities Impact Fee requirement for Single Family Attached Homes is based on $771 per unit. Since there are 20 single family attached homes shown on the plan, the fee is computed to be $15,420 ($ 771 x 20 units). Fee is due at the time of the first applicable building permit. FORESTER/ENVIRONMENTALIST Comments: 13. The applicant should provide a tabular summary on sheet L-1 showing that the site contains a minimum of 50% native species. All trees must be minimum of 12 feet in height. Revise plans. DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 14. Approval of this site plan is contingent upon the approval of rezoning to Infill Planned Unit Development (IPUD) and the removal of two (2) units or a subsequent reclassification to the Special High Density land use classification which allows the proposed density. 15. The site plan tabular data indicates that the total pervious area is 0.74 acres or 42.7% of the total site. Likewise, the tabular data indicates the setbacks for concrete patios for each townhouse, which can be built out in the future. In the tabular data, provide the pervious area if all townhouses built concrete patios pursuant to the PUD's self-imposed restrictions. In addition, on the site plan, outline the area (in a soft dashed line) of the patio area if developed according to the maximum allowable restrictions. 16. If a fence is required around the pool / clubhouse area, provide a detail of the fence including the dimensions, material, and color (Chapter 4, Section 7.D.). 17. Fifty percent (50%) of site landscape materials must be native species. Indicate the percentage amount of native material in the plant list of the landscape plan (Chapter 7.5, Article I1, Section 5.P). 18. Coordinate with the City Forester / Environmentalist regarding the installation of brick pavers and palm trees within the U.S. 1 right-of-way. 19. Staff reco~nx~ends placing a Palm Tran bus shelter along Federal Highway. The shelter dimensions are typically six (6) feet in width by nine (9) feet in length. If a bus shelter is located nearby, staff would also recommend collaborating with Palm Tran and the affected property owner (FDOT) in order to upgrade the facility. 20. No signage was submitted with these plans. Any proposed sign will require separate review and approval by the CRA Board. 21. Provide a note on the plan stating that the proposed buffer wall will be painted to match the color of the buildings. 22. On the elevation sheet label all major exterior finishes to include the manufacturer's name and color code. 23. A 24-foot backup is required for units 1 and 20. A waiver is required. 24. Staff recommends additional landscaping consistent with the overall landscape plan at the end of the buildings to enhance the buildings fagade as seen fi.om adjacent residential properties to the east. 25. To fully maximize the two (2) spaces provided in front of the buildings, staff recommends adjusting the landscape material to allow a two (2) foot overhan. Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT ADDITIONAL COMMUNITY REDEVELOPMENT BOARD AGENCY CONDITIONS Comments: 1. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WP\PROJ ECTS\MERANO BAY~NWSP\COA.doc Ir_l DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Merano Bay APPLICANT'S AGENT: Carlos Ballbe, Woodside Land Development Corporation APPLICANT'S ADDRESS: 4200 NE 15th Avenue, Ft. Lauderdale, FL 33334 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 6, 2002 TYPE OF RELIEF SOUGHT: Request site plan approval for 20 fee-simple townhomes on a 1.75 acre parcel in an IPUD. LOCATION OF PROPERTY: Southeast corner of North Federal Highway & Shore Drive DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: S:'~Pla nnin g~SHARED\WP~PROJ ECTS\M ERA NO BAY'~NWSP\DO.doc City Clerk Conditional Use C. Victoria's Closet (COUS 02-004) DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 02-208 TO: THROUGH: Chairman and Members Community Redevelopment Agency Mike Rumpf Planning & Zoning Director FROM: Eric Johnson, AICP Planner DATE: SUBJECT: October 2, 2002 Victoria's Closet - COUS 02-004 Conditional Use Approval - Self-storage Facility PROPOSAL SUMMARY Contained herein is a description of the subject project. The subject property is a rectangular-shaped 1.992-acre parcel comprised of two (2) lots located along the west side of U.S. 1 in the southern portion of the City. The property is vacant but contains a mature Banyan tree at the southeast corner of the site. According to the survey, the site also contains the following tree species: Cabbage Palm, Scheffiera, Norfolk Pine, Gumbo Limbo, Oak, ' ~lamosa, and Pine. The applicant aims to preserve the Banyan Tree in its current state while constructing a fully .nclosed 103,392 square foot self-storage facility. Self-storage facilities are conditional uses in the C-3 zoning district. According to a recent opinion of the City Attorney, the limited-access self-storage uses are allowed within the C-3 zoning district. This opinion contrasts the longstanding interpretation of the code to limit such uses to the C-1 zoning district in accordance with the intent of code revisions made in 1987. This circumstance is further explained below. Owner: Agent: Thomas F. McCormack and Charles Highley Thomas F. McCormack Project name: Victoria's Closet General description: Property size: Land use: Current Zoning: Location: Building area: Conditional use / new site plan approval for a three story self-storage facility. 86,758 square feet (1.9 acres) Local Retail Commercial (LRC) Neighborhood Commercial (C-3) West side of U.S. 1, south of the intersection of Old Dixie Highway and U.S. 1 (See Exhibit "B" - Proposed Site Plan) ~rrounding land uses/zoning: Victoria's Closet - COUS 02-004 Page 2 Memorandum No. PZ 02-208 iorth - East - South - Developed commercial use, zoned Palm Beach County Commercial General (CG); U.S. 1 right-of-way, farther east is developed commercial, zoned Community Commercial (C3); Vacant commercial property zoned Community Commercial (C3); West - Developed residential, zoned Palm Beach County Residential Multi-family (RM). BACKGROUND In summary, in 1987 the zoning code was amended, pursuant to an outside petition, to establish a definition for the "limited-access self-storage" use, and insert provisions in the code to allow them in close proximity to residential and office environments. The regulations were written to address appearance, distance separation, height, outdoor storage, and signage. To prevent their proliferation, and the opportunity cost of them being constructed in all commercial districts, the approval was intended to limit the uses to the C-1 district. Recent interpretation of the code by legal staff, as initiated by representatives of the applicant, has identified weaknesses in the code amendments that essentially allow the use to be carried forward into the C-2 and C-3 districts. Once this code weakness was realized, the city passed Resolution No. R02-135 on August 6, 2002, and followed up with a public heating in accordance with procedural requirements established by Ordinance No. 00-53. This "Notice of Intent" (NOD process allows for the initiation of a study and/or formulation of code amendments to address a particular code issue. The current NOI is in effect for 180 days, or until approximately January 6' 2003. Although the NOI prevents related applications from being submitted ~luring the study period, the subject application was submitted prior to the passing of the resolution, and is therefore eligible for review and consideration. For purposes of this ,'eview, the code sections applicable to storage uses in the C-1 district have applied been applied to the subject quest for a limited-access self-storage uses within the C-3 zoning district. STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS Section ! 1.2.D of the Land Development Regulations contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Division's evaluation of the application as it pertains to standards. The Planning and Development Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon the conditions including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Ingress /egress will be solely from U.S. I in a manner approved by Florida Department of Transportation. The site plan shows that there will be one (1) ingress lane and one (1) egress lane. They will be separated by a landscaped median. Although not dimensioned on the site plan, there will be sufficient "throat" distance so that vehicles entering the site will not be impeded by any vehicles that are exiting the parking spaces. In addition, a gated driveway onto U.S. 1 will be for emergency vehicle exit only and is anticipated Victoria's Closet - COUS 02-004 Page 3 Memorandum No. PZ 02-208 to experience little use. According to the survey, a four (4)foot wide sidewalk exists along the east property line. To comply with code, during construction of the site, the sidewalk will be enlarged to five (5) feet in width. A traffic statement was submitted and sent to the Palm Beach County Traffic Division for their review and approval. The Palm Beach County Traffic Division determined that the project would generate 237 new average daily trips, and would meet the Traffic Performance Standards of Palm Beach County. Off-street parking and loading areas where required, with particular attention to the items in subsection 1 above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. The proposed building will be a low traffic generator. This is evidenced by the findings of the Palm Beach County Traffic Division. The parking required for the self-storage facility shall be provided at a rate of one (1) space per 75 storage bays, plus 1 space per 300 square feet of office and 2 security spaces (see Exhibit "C" - Conditions of Approval). A total of 14 spaces will be required since the building wilt have 599 storage bays and 1000 square feet of office. The plan provides a total of 17 parking spaces, two (2) of which, are designated for handicapped use. All parking spaces will be dimensioned at least nine (9)feet in width by 18feet in length, except for the handicap spaces, which will be 12 feet in width by 20feet in length. There will be one ( I ) loading zone located at the rear of the building not facing U.S. I. The loading Area is adjacent to a one-way 15foot wide drive aisle that will provide easy access around the building and to the loading and dumpster area. According to the applicant, because of the nature of the business, there will be virtually no impact on adjacent and nearby properties, or the City as a whole, with respect to glare, noise, or odor. The storage bays shall not be used to manufacture, fabricate, service or repair vehicles, boats, small engines or electrical equipment, or to conduct similar repair activities; conduct garage sales or retail sales of any kind; or conduct any other commercial or industrial activity on the site (see Exhibit "C" - Conditions of Approval). Ali of the storage bays will be inside a wholly enclosed space with no doors having direct access to the outside of the building. 3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above. A dumpster enclosure with wooden gates is proposed at the southwest corner of the site. It will face north and be angled in such a way as to facilitate the efficient removal of trash. Additional landscaping will be required around the base of three sides of the dumpster enclosure (see Exhibit "C" - Conditions of Approval). 4. Utilities, with reference to locations, availability, and compatibility. Consistent with Comprehensive Plan policies and city regulations, all utilities, including potable water and sanitary sewer will be in place prior to the issuance of a certificate of occupancy. The demand for water and sewer capacity will be very limited. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. A buffer wall six (6)feet in height is proposed along the west property line and a I10-foot portion of the north property line, where the subject property abuts residential property. The wall will be painted on both sides to match the building. It will be constructed prior to the issuance of a certificate of occupancy. Staff Victoria's Closet- COUS 02-004 Page 4 Memorandum No. PZ 02-208 recommends that the style of the buffer wall be enhanced with details such as cornices, columns, and multiple colors tones to match building colors (see Exhibit "C"- Conditions of Approval). According to the applicant, the landscaping to be installed will be that of a "lush Florida Hammock" Also, the intent is to preserve the mature Banyan Tree located at the southeast corner of the site. The project perimeters include: a 30-foot wide landscape buffer strip along U.S . 1, a five (5) foot wide buffer strip along both north and south sides of the project, and a 12-foot wide buffer strip at the rear (wesO adjacent to the residential property. Along the north, west, and south property lines, the landscape plan proposes 35 Green Buttonwood trees spaced at least 1 tree for every 30 linear feet. These trees, coupled with the six (6) foot wall will provide lower and upper level buffers between the abutting residential properties. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. The maximum allowable wall signage area is based upon the linear frontage of the proposed self-storage building. The ratio is based upon 1~ square feet of sign area for every one (1)foot of linear building frontage. According to the elevations, one (1) wall sign is proposed on the north faqade. The elevations show the location of the proposed wall sign to be centered above the building's main entrance. It will be a back-lit sign, 54 square feet in area, with two (2)foot high letters. The plan proposes a freestanding monument sign to be located south of the egress lane along U.S.I. It will be placed at least lO feet from the property line. According to the elevations, the monument sign face will be 32 square feet in area. As proposed, the monument sign will be eight (8)feet in height and be eight (8) feet in width. The site plan shows that the sign will be an internally lit double-faced sign-face type. The letters and cabinet will be dark green (Sherman Williams Olive Grove #2369) on a white background. The base will match the texture and color of the main building facade. Staff recommends that the lettering style and color of the monument sign shall match the wall the lettering and color of the wall sign (see Exhibit "C" - Conditions of Approval). The site address will be identified on top of the monument sign. Except for the required outdoor site lighting, which is consistent with Code, no additional outside lighting is proposed that couM create excessive light. 7. Required setbacks and other open spaces. The building will meet all required setbacks of the C-3 zoning district. 8. General compatibility with adjacent property and other property in the zoning district. In general, the proposed project is compatible with the existing commercial uses adjacent to the subject property. There will be little or no impact to the adjacent properties or to the general area. A self-storage facility is not considered as an intensive use. The conditions of approval clearly outline that no one can operate a business from any of the storage bays. 9. Height of building and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole. Victoria's Closet is designed as a three-story building with the top of the decorative barrel tile roof to be 43feet in height. The top of the parapet wall will be 32feet - six (6) inches in height. The roofline will be 30feet in height. Victoria's Closet - COUS 02-004 Page 5 Memorandum No. PZ 02-208 The entire building, particularly the facade facing the U.S. 1 rights-of-way, has been designed to enhance the overall appearance of the commercial corridor. The exterior walls of this new structure will have smooth stucco finish and be painted in multiple colors. i0. Economic effects on adjacent and nearby properties, and the city as a whole. 11. 12. The construction of Victoria's Closet will represent the only new development in the immediate area in many years. The proposed use will constitute additional convenience and choice for residents of the City and neighboring residential subdivisions. Conformance to the standards and requirements which apply to site plans, as set forth in Chapter 19, Article II of the City of Boynton Beach Code of Ordinances. (Part III Chapter 4 Site Plan Review). With incorporation of staff comments, the proposed project will comply with all requirements of applicable sections of city code. Compliance with, and abatement of nuisances and hazards in accordance with the performance standards within Section 4 of the zoning regulations; also, conformance to the City of Boynton Beach Noise Control Ordinance. With incorporation of all conditions and staff recommendations contained herein, the proposed self-storage facility would operate in a manner that is in compliance with the above-referenced codes and ordinances of the City of Boynton Beach. In particular, the applicant will have to apply for and obtain all necessary approvals and licenses from ali applicable governing bodies. RECOMMENDATION Based on the discussions contained herein, in compliance with all applicable development regulations, and the consistency with the Comprehensive Plan, staff recommends that this request be approved subject to satisfying all Conditions of Approval as contained in Exhibit "C". Furthermore,' pursuant to Chapter 2 - Zoning, Section 11.2 Conditional Uses, a time limit is to be set within which the proposed project is to be developed. Staff recommends that a period of one (1) year be allowed to initiate this project (obtain a building permit). mlVelj S:~Plannh~g~HARED\WP~PROJECTS\Victoria's Closet~Staff report.doc Location Map Victoria's Closet EXHIBIT "A" //' SITE REC / / LIBIHXE! II'El Ii I ! llllll~J I1~]11 'i ,iii i~,~ IIEIII~X3 / IISIHX3 '1~ 'HDV-~ NOJ. NkOB 'AMH 1Vl~30~:~ HJ.~ON 31gVI::IO.L~ 'IVIOI:I=IINIAIO0 ~ "IVNOSH3d lJ31lHD~¥ 'V'l'V N~08SO "1 I~Vll'IIMT 181HXE! qj 'HDV38 NDINAD8 'A/~H qv~303J HI~DN 009£ i3SD]3 S,VI~DI31A .8. _LISIHXE] 9~ 'HOV~g NOiNXOg 'A~AH 9V~303d P~L~ON OOCJ~ 3~¥BOIB 9¥10Bq~O0 ¥ 9¥NO~B3d 'V'l'V NaOGSO '~ -I-IEIIHX::! ~ .... ~ .... 'B9¥1:t0.1.S WlOI:f=IININO0 '{ 'lVNOSlcl'qd ' I ~. "/. ., I' " J J! -'- ,. ~i_~'_.-- .... ri F . T 1--f , . 1 ~ --~-~-{-i-~-.4-h-~--,~ . ., , , q, ---t ' I i I! ,, 'I I ', I- I _.1_ .I .~_.i_ .... L~ .... __i , J I ' I , I I ' I J I ~ } {. TI I ',1, I I~ ~--t --i-- --~- 4 - I--: ~ --4--4 ' I ~ I -- , ' i ~ I i I : I ~ I / I I ~ ~ I I I I I ~ ,, I , I~ I , ~_± ]_~ ..... i_l_~_ _~__L__, J J ~ ; 1--1--r--i-q--l-7-T-T --T-rTM ! I I 1 I I I I ] I 1 i+---4 I I I ! I I , J , I { ~--~-4- ' .,L I ' J_ ' I -L I ' --r-~- ....... r----j I ~ I I I I , J u-----'---~--~--'---'---'--J---J'----F . --I- ..... J i ~' .... ]---F]-T-F-~-T I ~ F-,F-I-'''T J ~ I I I I ! i II I J r ! , I I, ir I I.L .... _.' ~I I I' I l/l I.____' I i i I I ! ' , I , , J ;, ~ , J. ~ I .1 I ~ I ~. ~ I I J F .... r-- r----[--q .... ~ .... ~ ., _ I I I I I I , I I l' I ~' .... J ~ .... L .,~ J .... i ..... _4_ ___4 I I i J I I ~ , I , ~ [ J L-----i I ., .... J__ ! ._L ........ I F--'---: .... " -' i .... { ? ~ '~' " ~" ,' II f,___~___T ~ 1---F---~ .... ~-- ' ' '" " " '" '" j C--i i i i ~ t 1 ~- ....... j & i,- & I _ _J ....... i I _~ U I J I · I, .. ! , Li~ii-i'x'~ IIHII EXHIBIT "C" Conditions of Approval Project name: Victoria's Closet File number: COUS 02-004 Reference: 2rd review plans with a Planning & Zoning date stamp marking of September 24, 2002. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: 1. All existing and proposed utility easements shall be shown on the Site and Landscape Plans so that we may determine which trees may interfere with utilities. Water and sewer lines to be owned and operated by the City shall be included within utility easements. All proposed easements shall be a minimum of 12 feet in width. The easements shall be dedicated via separate instrument to the City as stated in CODE Sec. 26-33(a). In general, palms will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way. 2. Fire flow calculations will be required demonstrating the City Code requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (see CODE, Section 26-16(b)). 3. Comprehensive Plan Policy 3.C.3.4. requires the conservation of potable water. City water may not, therefore, be used for irrigation where other sources are readily available. Indicate irrigation water source. FIRE Comments: None POLICE Comments: None Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT ENGINEERING DIVISION Comments: 4. FDOT permits will be required for the two proposed driveways and for the signs (right-turn only) to be placed within the FDOT right-of-way. 5. It may be necessary to replace or relocate large canopy trees adjacent to light fixtures to eliminate future shadowing on the parking surface (LDR, Chapter 23, Article 1I, Section A.l.b). Unable to determine if any conflicts exist as plans are incomplete. 6. Indicate, by note or detail, that drainage will conform to City Standard Drawing B-91007 (modified as necessary). 7. Add a note to the Landscape Plan that within the sight triangles there shall be an unobstructed cross-visibility at a level between 2.5 feet and 6 feet above the pavement (LDR, Chapter 7.5, Article II, Section 5.H.). 8. Indicate by note to what standard the project is to be constructed; if the FDOT Standard Specifications for Road & Bridge Construction and Standard Index are to be used - the 2000 Specifications are recommended since they contain both English and Metric units. 9. Provide written and ~aphic scales on all sheets. BUILDING DIVISION Comments: 10. From the FIRM map, identify in the site data the title of the flood zone that the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans. 11. At time of permit review, provide a completed and executed City of Boynton Beach Unity of Title form. The form shall describe all lots, parcels or tracts combined as one lot. A copy of the recorded deed with legal descriptions, of each property that is being unified, is required to be submitted to process the form. The property owner that is identified on each deed shall match. 12. At time of permit review, submit signed and sealed working drawings of the proposed construction. 13. Add a labeled symbol to the site plan drawing that represents and delineates the path of travel for the accessible route that is required DEPARTMENTS INCLUDE REJECT between the accessible parking spaces and the accessible entrance doors to the building. The symbol shall start at the accessible parking spaces and terminate at the accessible entrance door to the building. The symbol shall represent the location of the path of travel, not the location of the detectable warning or other pavement markings required to be installed along the path. The location of the accessible path shall not compel the user to travel in a drive/lane area that is located behind parked vehicles. Identify on the plan the width of the accessible route. (Note: The minimum width required by the Code is 44 inches). Add text that would indicate that the symbol represents the accessible route and the route is designed in compliance with regulations specified in the Federal Fair Housing Act. Please note that at time of permit review, the applicant shall provide detailed documentation on the plans that will verify that the accessible route is in compliance with the regulations specified in the Florida Accessibility Code for Building Construction. This documentation shall include, but not be limited to, providing finish grade elevations along the path of travel. PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: 14. The applicant should indicate on the landscape sheet SP-1 the replacement trees for those trees bein~ .removed from the site. PLANNING AND ZONING Comments: 15. The buffer wall will be painted on both sides to match the building. It will be constructed prior to the issuance of a certificate of occupancy. Staff recommends that the style of the buffer wall be enhanced with details such as cornices, columns, and multiple colors tones to match the building colors. 16. The parking required for the self-storage facility shall be provided at a rate of one (1) space per 75 storage bays, plus 1 space per 300 square feet of office and 2 security spaces (Chapter 2, Section 11.O.3.d). Revise the site plan tabular data to reflect the correct information. 17. Hedges will be required at the base of three sides of the dumpster enclosure (Chapter 7.5, Article II, Section 5.J.). Staff recommends installing hedge material (no ficus) at a minimum four (4) feet in height around the sides of the enclosure. Also, an alternative to wood gates should be used to maximize its life and appearance. ... 18. The storage bays shall not be used to manufacture, fabricate or process Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT service or repair vehicles, boats, small engines or electrical equipment, or to conduct similar repair activities; conduct garage sales or retail sales of any kind; or conduct any other commercial or industrial activity on the site. 19. The maximum size of a storage bay shall be limited to 450 square feet. On the floor plan, indicate the size of each storage bay or provide a "typical" if all bays are similar (Chapter 2, Section 11.O. 1 .c.). 20. Fifty percent (50%) of site landscape materials must be native species. Indicate the amount of native material in the plant list of the landscape plan (Chapter 7.5, Article II, Section 5.P). On the landscape plan plant list, separate the trees from the groundcover / shrubs. Indicate by asterisk, the native species and ensure that at least 50% of landscape material is native. 21. Coordinate with the City Forester / Environmentalist regarding the installation of brick pavers and palm trees within the U.S. 1 right-of-way. 22. Staff recommends that a period of one (1) year be allowed to initiate this project (obtain a building permit). 23. Staff recommends that the monument sign structure be enhanced to match the building architecture. 24. Staff recommends that the lettering color and style of the monument sign shall match the same of the wall sign. ADDITIONAL COMMUNITY REDEVELOPMENT BOARD AGENCY CONDITIONS Comments: 25. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 26. To be determined. S:\Plan ning\SHARED\W P\PROJ ECTSWictoria's Closet\COA.doc PROJECT NAME: APPLICANT(S): APPLICANT'S ADDRESS: DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Victoria's Closet Thomas F. McCormack and Charles Highley 1 East Broward Boulevard, Suite 700 Ft. Lauderdale, FL 33301 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 15, 2002 TYPE OF RELIEF SOUGHT: Conditional Use / New Site Plan for a self-storage facility LOCATION OF PROPERTY: 3602 South Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Flodda appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency, which Agency found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". ., The Applicant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: S:\Planning\SHARED~WP\PROJECTS~Victoda's Closet\DO.doc City Clerk t V~[. Director's Report: 1) Financial Report for September 2002 I0~) Memo To: Board of Directors From: Susan Vielhauer Subject: Financials for September 2002 Date: 10/02/2002 Please note the following: This will be the last accounting period for the old 2001 / 2002 CRA City Budget and therefore the format follows their old chart of accounts. The new 2002/2003 CRA budget will have our new chart of accounts. This will be seen by the Board in the October Accounting (At the November CRA Board Meeting) $16,250.00 was deducted from the CRA budget. This action was approved in the Palm Beach County Development regions Core Grant Agreement grant dated 11/2/99 and approved by the City Commission. The reference to the CRA is in Exhibit A of the Core Grant Agreement in which the $16,250..00 was a matching to the $65,000.00 core grant. The grant was issued to Mr. Katz for the Shipwreck and Booker T's Restaurant Projects. A copy of the grant and minutes are attached for the Board of Directors to review. I am not sure if we have any recourse, however this is the information regarding the transfer. $12,000.00 was placed back into the CRA funds. The original check was requested in December 2001 for land acquisition but the check was never picked up. The transfer of CRA funds was completed on 10/2/2002 to the following funds: Money Market $ 5,549,368.19 Operating $ 231,048.27 Total Transferred $ 5,780,416.46 This will be our beginning balance for the new budget year. Further note that this balance reflects a principle and interest note payment which was not previously accounted for due to the initial direction to payoff the note. See agenda item Directors Report / Project Updates 1 · Additional interest on accounts will be transferred from the city by 10/30/2002 Requested City Commission M~ting Dates [] March 21, 2000 [] April 4, 2000 April I g, 2000 [] May 2, 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 8, 2000 (5:00 p.m.) March 22, 2000 (5:00 p.m.) Ap~ 5,2000 (5:00 p.m.) April 19, 2000 (5:00 p.m.) Requested City Commission Me~-ting Dates [] May 16, 2000 [] June 6, 2000 [] June 20, 2000 [] July 5, 2000 Dat~ Final Form Must be Turned in ~Office May 3, 2000 (5:00 p.m.) May 17, 2000 (5:00 p.m.) June 7, 2000 (5:00 p.m.) June 21, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Motion to approve the application of Robert Katz for City sponsorship of his project known as the Boynton Shipwreck, Inc. for the Round III DeVelopment Regions Core Grant program. EXPLANATION: Robert Katz has submitted an application to the City, asking for our sponsorship of his project ~* known as the Boynton Shipwreck, Inc. for Round III of the County's Development Regions ~Core Grant program. A copy of the relevant portions of his application is attached. The , 'request is for the use of all $65,000 that Palm Beach County is making available to the City in .'..the Round III program. He is also asking the City to match the County's contribution with i .$16,250 City funds. Mr. Katz plans on putting a minimum of $418,750 of his own funds into the ~ project as well. PROGRAM IMPACT: ~:As proposed, the Boynton Shipwreck project is the restoration of Boynton's oldest commercial ~'building (circa 1909). Located at 502 East Ocean Ave., this 6000 sq. ft. structure has been ,uSed, most recently, as an antique store known as the Antique Attic. Mr. Katz plans to convert :e site into a restaurant and bar, with outdoor dining. SABULLETI'N~ORMS~GENDA ITEM KEQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Since the Core Grant program is a job creation program, Mr. Katz has proposed creating the following jobs: 2 managers 6-10 bartenders 8-12 wait staff 5-7 kitchen staff 2 maintenance staff At a minimum, 23 jobs will be created, with the potential for a total of 33 jobs to be created. Therefore, the ratio of jobs created to government money granted will be no more than $3,532.61 per job, and possibly as Iow as $2,462.12 per job. Palm Beach County's maximum allOwance threshold is $10,000 of grant money per job created. FISCAL IMPACT: Funds are available in account '!21-0000-247-0'1-11 to meet the City's 25% match obligation if the City Commission desires to approve this application. ALTERNATIVES: To not approve this grant application, and to deny sponsoring this grant application before Palm Beach County in their Round III Development Regions Core grant program. Depa,'hue~t H~~d Signature Economic Development Depas huent Name City Manager's Signature City Attorney / Finance / Human Resources S:kl3ULLETINWORMSXAGENDA ITEM REQUEST FORM.DOC REGULAR CZTY COMMZSSZON MEETZNG HELD AT THE WEST CLUBHOUSE OF VZLLAGE ROYALE 0 2S01 NE IsT COURTt BOYNTON BEACHt FLOR] : _.- ........ ON TUESDAY~ MAY 2~ 2000 AT 6:30 P.M. [V-CONSENT AGEND ITEM A. 2 Gerald Broening, Mayor Ronald Weiland, Vice Mayor William Sherman, Mayor Pro Tern Bruce Black, Commissioner Charlie Fisher, Commissioner Kurt Bressner, City Manager .]ames C. herof, City Attorney Sue Kruse, City Clerk Z. OPENZNGS: A. Call to Order - Mayor Gerald Broening B. Invocation - Reverend Dr. Marshall Cook - Boynton Beach Congregational Church C. ' Pledge of Allegiance to the Flag led by Vice Mayor Ronald Weiland Mayor Broening called the meeting to order at 6:37 p.m. Following the invocation, Vice Mayor Weiland led the Pledge of Allegiance to the Flag. At the podium, Brian Miller, President of Village Royale on the Green, welcomed the City Commission on behalf of all of the residents of VRG and expressed pleasure that Village Royale .on the Green was selected as the location for the first "City Commission Meeting on the Road". Mayor Broening thanked the residents of Village Royale on the Green for providing this location. He explained that although City Commission meeUngs are legislaUve meetings, there is a large element for participation and a requirement for information exchange and input. D. IF YOU WZSH TO ADDR_~SS THE FZLL OUT THE APPROPRZATE REQUEST FORM GZVE ZT TO THE CZI'Y CLERK (ON THE DAZS) BEFORE THE "OPENZNGS" PORTZON OF THE AGENDA HAS BEEN COMPLETED. · COME TO THE PODZUM WHEN THE MAYOR CALLS YOUR NAME ZNDZVZDUALS MAY SPEAK FOR THREE UNZNTERRuPTED MZNUTES. Mayor Broening reminded everyone of the process that would be followed with respect to speaking during this meeting. He requested that speaker's cards be filled out and submitted to the City Clerk. E. Agenda Approval: MEETZNG M'rNUTES REGULAR cz'r COMMISSZON BOYNTON BEACH, FLORZDA MAY 2~, 2000 CONSENT AGENDA tTEM FOR D $CUSSZON' ~'V- E. Approve the application of Robert Katz for City sponsorship of his project known as the Boynton Shipwreck, Inc. for the Round Z~! Development Regions Core Grant program At Vice Mayor Weiland's request, Assistant City Manager Dale Sugerman. explained that the Round III Core Grant program is sponsored by Palm Beach County and it is a job creation grant where the money is set aside and dedicated to the City to grant to local businesses. Once that $65,000 is set aside, the City announces to the business community that applications are being accepted. Three applications were received during Round ~ from Scully's Market, Investments, Ltd. and Robert Katz. During the process, Scully's Market withdrew i~s application. Investments, Ltd. completed the application that was forwarded to the City Commission for consideration. The Commission raised a number of questions and the applicant was requested to. make some commitments to the Commission. Because of the applicant's unwillingness to make those commitments, the Commission voted to denY that application. The only application remaining was that of Robert Katz. His application information is complete and has been reviewed by County staff. They determined that he qualifies for the program. Therefore, Mr. Katz' application was the only one that could be brought forward for Commission consideration. Mr. Sugerman advised that the City has an obligation to match 25% of the County's $65,000 grant. :If the sponsorship of Mr. Katz' project is authorized to go before the County for their $65,000, the City would match that with $:Z6,250 of local funds. Mr. Katz has guaranteed that once the project is completed, he would create a minimum of 23 full-time jobs with the possibility of the job creation going as high as 33 jobs. The grant money is a reimbursement grant program. Mr. Katz must spend all of his money up front, complete the project, pay the expenses of all project improvements, and sul~mit cancelled checks and paid invoices before we process a reimbursement. This is a project that will cost more than $750,000. Vice Mayor Weiland requested that Mr. Sugerman explain the Fa~;ade Grant Program. Mr. Sugerman explained that the City's Fa(;ade Grant Program is a fix-up, clean-up exterior improvement program. The City works with a local business person that is located in our Community Revitalization Area that includes the entire Federal Highway corridor, Woolbdght Road corridor, Boynton Beach Boulevard, Martin Luther King, .lt. Boulevard and Gateway Boulevard from the ]:ntracoastal Waterway to 1-95. The City will match improvements to these businesses on a dollar-for-dollar basis up to $5,000. ]:n addition, if the businesses .do landscaping and signage improvements, the City will match an additional $2,500 on a reimbursement basis. Therefore, if an application is approved, the City would match up to $7,500. Moti~q Vice Mayor Weiland moved to approve. Commissioner Black seconded the motion that carded unanimously. 7 BOA Or COU COUU SSIO e Meeti~gDate: 11-02-99 [X] Consent [ ] Regular Depa~ment: Coun~Administration [ ] Wor~hop [ ] Public~ring Submitted By: Economic D~elopment Office Submi~ed For: Coun~ administration A. Motion and Title: ST~ ~CO~S MORON TO ~PRO~: ~e Development Re~ons Cor~Competifive Gr~t Pro~ Round IH, ~t A~eemems for a tot~ of $712,279. B. Summit: The FY 1999-00 Development Re~ons Gr~t Pro~ MH ~sist a tot~ of 9 appSc~ta wi~ 28+ bus.ess projects creafi~ a ~ of 265 ~ll-fime jobs (~W cost is $2,688 per job), l~era~g $8,97 I, 183 in pub~pfivate inv~ent ~ds (ra~o 1; 13 county to pfivat~oc~ ~ppo~). C. Bac~round and Justification: On July 27, 1999, ~e BCC approved ~e Over~ Economo D~elopment Progr~ (OEDP) Co~R~ ~d s~re~mm~dafio~ for ~e D~elopmem Re~o~ Ro~d ~ ~t Pro~, ~d ~e re~oca~on or.ds to~ $130,000 ~om ~e D~elopment Regions Ro~d I - Boston B~ch M~na Proj~t to ~e Developmem Re~ons Ro~d ~ ~t Pro~ tot~g $730,000. Facade pro~ ~d o~er bus. ess proj~t r~sio~ ~ ~e D~elopment Re~o~' ~o~fio~ w~ not be processed for reimbursemem ~out prior approv~ ~d notification of specie bus.ess come.ems to ~e P~m B~ch 2ounW E~no~c Development Office ~d ~e OEDP CommiRee. · ~e following approved reco~endafions pro~ng ~&ng to app~c~ts represen~g lo~gove~t org~fio~ ~ m~cip~ifi~ ~d bus&~s~ ~ ~e u~nco~o~ted ~e~.  (involving 12 contract) Core (~ Competitive (5) Tot~ CiW of Boynton Beach ~ 65,000 $ 0 ~ 65,000 2. De.ay Beach Co~u~ty $ 65,000 $100,000 Redevelopment ~ (C~) $165,000 3. Lyn-D~e's F~t & ~s (C~ Pt.) $ 25,000 0 $ 25,000 4. City of P~okee $ 21,667 0 $ 21,667 5. Ci~ ofL~e Wo~ $ 65,000 0 $ 65,000 6. ~eraBeachC~ $ 65,000 $ 70,000 $135,000 7. M~o~aP~k 0 $ 30,612 $ 30,612 8, We~ P~ B~ch C~ $ 65,000 $100,000 ~onhwood ~ea) $165,000 9. S~'s Inves~ent Incorp, (C~ Po~t) 0 $ 40,000 $ 40,000 Totals $371,667 $340,612 $712,279 ( We~ P~ B~ch C~'s b~iness proj~L Mosque Ogilvie, ~c., ~ ~e Do~o~ Developm~ Au~ofiW ~ ~ to s~e ~c~g, a con~fion of ~e a~d. ~e r~g $17,721 ~era B~ch C~'s b~s projecg Sism~ ~ ~e Po~ ~c,, is under ~idem6on for ~c~ ~ ~e B~s ~ F~d of~e P~ B~, ~c.,w~ h~ ~ for ~o~ Attachments: ~~for ~a~ 7 ~ 1. 12 Development Regions Round ~ Grant A~eements .'commended by: '" r Assistant County Administrator H. FISCAL IMPACT ANALYSI,~ A. Five Year Summary of Fiscal Impact: 2000 200_L 200_~2 2003 Fiscal Years Capital Expenditures 0 0 0 0 Operating Costs ~;712.279 0 ~ _, 0 External Revenues _ 0 .. 0 0 ~ Program Income (PBC) _=9__0 0 0 0 In-Kind Match (PBC) 0 0 0 0 NET FISCAL IMPACT # ADDITIONAL FTE POSITIONS (Cumulative) Is Item Included In Current Budget? Yes_XX No~ Budget Account No: Fund 014 Agency. 764 Org..,,1060 Object 8201 Reporting Category. 2004 0 0 0 o B. Recommended Sources of Funds/Summary of Fiscal Impact: Source is the Development Regions Incentive Grant Program. C. Departmental Fiscal Review: IH. REVIEW COMMENTS A. OFMB Fiscal and/or Contract Administration Comments: B. Legal Sufficiency: ~, ~s6~ant County Attorney C, Other Department Review: Department Director This summary is not to be used as a basis for payment. Background and Justification: (Continued from page 1) H:\WPDA.TA~OND A. DR3.99.w1~1 R99 20.77D 3.A.1. ADMINISTRATION DOCUMENT R-99-2077-D DEVELOPMENT REGIONS CORE GRANT AGREEMENT WITH THE CITY OF BOYNTON BEACH FOR $65,000 FOR THE FACADE/INTERIOR IMPR0~ PROJECT. APPROVED 11-2-99 DOCUI~NT R-99-2078-D DEVELOPMENT REGIONS CORE GRANT AGREEMENT WITH THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR $65,000: PHASE II OF DONNIE'S GOLDEN SPOON RESTkURANT PROJECT RECEIVES $45,000. S&R BEAUTY SUPPLY RECEIVES $20,000. APPROVED 11-2-99 DOCUMENT R-99-2079-D DEVELOPMENT REGIONS COMPETITIVE GRANT AGREEMENT WITH THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR $100,000: PHASE II OF ouTSIDE THE BOX RETAIL/RESTAURANTCOMPLEXRECEIVES $50,000. PHASE II OF DELRAY'S LOST DRIVE-IN RECEIVES $50,000. APPROVED 11-2-99 DOCUMENT R-99-2080-D DEVELOPMENTREGIONS CORE GRANTAGREEMENTWITH LYN-DALE'S FRUIT & GIFTS (CANAL POINT) FOR $25,000 FOR PHASE II OF A PREVIOUS PROJECT. APPROVED 11-2-99 DOCUMENT R-99-2081-D DEVELOPMENT REGIONS COMPETITIVEGRANT AGREEMENT WITH THE CITY OF PAHOKEE FOR $21,667 FOR THE DOWNTOWN FACADE IMPROVE/(ENT PROGRAM. APPROVED 11-02-99 DOCUMENT R-99-2082-D DEVELOPMENT REGIONS CORE GRANT AGREEMENT WITH THE CITY OF LAKE WORTH FOR $65,000: ROMANELLI TILE WAREHOUSE SHOWROOM RECEIVES $12,800; CHUCK'S APPLIANCE,.. TV, AND FURNITURE RECEIVES $12,800; LAKE WORTH PLAYHOUSE ~RECEIVES $19,200 FOR PHASES II AND III OF A FOUR-PHASE PROJECT, AND DAVE'S LASET RESORT AND RAW BAR RECEIVES $8,000. APPROVED 11-2-99 DOCUMENT R-99-2083-D DEVELOPMENT REGIONS CORE GRANT AGREEMENT WITH RIVIERA BEACH COMMUNITY REDEVELOPMENT AGENCY FOR $65,000: SUE SWEARINGEN, OWNER, RECEIVES $10,000 FOR PROPERTY AT 1500 BROADWAY; DEE'S T-SHIRT, INC. RECEIVES $25,000, AND SISTERS IN THE POT, INC. RECEIVES $30,000. APPROVED 11-2-99 DOCUMENT R-99-2084.D DEVELOPMENT REGIONS COMPETITIVE GRANT AGREEMENT WITH THE RIVIERA BEACH COMMUNITY REDEVELOPMENT AGENCY FOR $70,000 FOR STEVE LAZARUS YACHT SALES. APPROVED 11-2-99 REGULAR 3 NOVEMBER 2, 1999 CONSENT AGENDA - CONTINUED 3.A.1. - CONTINUED i. DOCUMENT R-99-2085-D DEVELOPMENT REGIONS cOMPETITIVE GRANT PROGRAM ROUND III GRANT AGREEMENT WITH THE TOWNOFMANGONIA PARK FOR $30,612 FOR PHASE II OF THE UNITED MILLWORK COMPANY, INC. PROJECT APPROVED 11-2-99 DOCUMENT R-99-2086-D DEVELOPMENT REGIONS CORE GRANT AGREEMENT WITH THE WEST PALM BEACH COMMUNITY REDEVELOPMENT AGENCY FOR $65,000: NORTHWOOD STOREFRONT IMPROVEMENT PROGRAM RECEIVES $8,758.48; EXPRESS LAUI~DRY CORPORATION RECEIVE~ $7,944.44; SCALPI'S RESTAURANT RECEIVES $7,944.44; PALM BEACH CHEMICALS RECEIVES $6,066.44; CRITTER CONNECTION RECEIVES $5,058.44; NORTHWOOD FURNITURE RECEIVES $7,944.44; DAVID SANDERSON, OWNER, RECEIVES $5,394.44 FOR PROPERTY AT 421-423 NORTHWOOD ROAD; HURRICANE GRILL RESTAURANT RECEIVES $7,944.44, AND DAVID. RUCKER, OWNER, RECEIVES $7,944.44 FOR PROPERTY AT 428-430 NORTHWOOD ROAD. APPROVED 11-2-99 k. DOCUM]~'T R-99-2087-D DEVELOPMENT REGIONS COMPETITIVE GRANT AGREEMENT WITH THE WEST PALM BEACH COMMUNITY REDEVELOPMENT AGENCY FOR $100,000 FOR PHASE I OF THE NORTHWOOD TOWN CENTER PROJECT APPROVED 11-2-99 ' 1. DOCUMENT R-99-2088-D DEVELOPMENTREGIONS COMPETITIVE GRANT PROGRAM ROUND III GRANT AGREEMENT WITH SAM'S INVESTMENT CORPORATION FOR $40,000 FOR PROPERTY ACQUISITION. APPROVED 11-2-99 REGULAR 4 NOVEMBER 2, 1999 771 PALM BEACH COUNTY DEVELOPMENT REGIONS CORE GRANT AGREEMENT THIS AGREEMENT is made as of ,nv n ? ~Q by and between Palm Beach County, a political subdivision of the State of Florida, by and through its Board of County Commissioners, hereinafter referred to as County, and the City of Bovnton Beach, a public body corporate and politic, hereinafter referred to as Grantee. - WITNESSETH: WHEREAS, it is the policy of the County to stimulate and encourage economic growth in Palm Beach County; and WHEREAS, the Board of County Commissioners has c~etermined that providing assistance and support within development regions is essential to a stronger, more balanced, and stable economy in Palm Beach County; and WHEREAS, Grantee wishes to provide such assistance and support by participating in the redevelopment and revitalization of a development region within Grantee's geographic boundaries; and WHEREAS, the Board of County Commissioners has determined that the Grantee is best able to provide such assistance and support, as set forth by the terms of this Agreement; and WHEREAS, the Board of County Commissioners has determined that it is in the public's best interests to award a grant to the Grantee pursuant to the terms of this Agreement. NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter contained, the parties do agree as follows: I. GRANTEE'S PERFORMANCE OBLIGATIONS Grantee shall contract with one or more qualified entities to perform certain redevelopment activities as more specifically set forth in Exhibit A, attached hereto and incorporated herein by reference. Grantee shall cause that the redevelopment activities contemplated by this Agreement to be completed in accordance with the terms of this Agreement. Grantee agrees that it shall be solely liable to County for Performance under this Agreement, and that, in the event of default, Grantee shall, as more specifically set forth hereinafter, refund to County the Grant Award. Grantee hereby certifies that it is authorized by law to be so bound. ' Grantee shall cause, as a direct result of the activities set forth in Exhibit A to this Agreement, the creation of at least six (6) full-time lobs and one (1) ~ in Palm Beach County within thirtY six (36) months subsequent to the Effective Date of this Agreement. The grant award per full-time job is $10,000. The grant award per part-time job is $5,000. The total grant award shall not exceed $~. In the event the Grantee fails to create, or cause to be created; all of the aforementioned jobs, Grantee shall refund to County the amount equal to the grant award per job, multiplied by the number of positions not created. Grantee shall provide evidence, satisfactory to County, substantiating.the number, dates and salades of all jobs created in Palm Beach County. Such evidence must be provided within thirty-eight (38) months subsequent to the Effective Date of this Agreement. For the purposes hereof, a full-time ioh shall mean employment for a minimum of Z0_8.~ hours per year and a pa~tim~ job shall mean employment for a minimum of 1040 hours per year, paying a salary equal to or better than DQq n77R Co the minimum wage as determined by the Department of Labor. For the purposes of this Agreement, the term salary means wages, gratuities, salaries, commissions,, bonuses, drawing accounts (against future eamings), pdzes and awards (if given by an employer for the status of employment), vacation pay, sick pay, and other payments consistent with the Florida Department of Labor and Employment Secudty definitions, paid to employees. As a further condition to retaining any Grant funds from County, the Grantee shall provide to County written verification, satisfactory to County in its sole discretion, that Grantee has satisfied the terms and conditions of this Agreement, or caused the same to be satisfied. Grantee may provide to County this verification at any time following satisfaction of such terms and conditions, but not later than the expiration of the thirty eighth (38) month subsequent to the Effective Date of this Agreement. In the event Grantee fails to creat~ the required jobs, or prOvide the aforementioned verification within the permitted times, Grantee shall refund to County the portion of the grant award paid by County to Grantee for each job not created, or verified. Grantee shall immediately notify County of any matedal change of circumstances at the business(es) identified on Exhibit A hereto. For the purposes hereof, material change of circumstance shall include, but not be limited to, the failure of the business(es) t° diligently and actively pursue fulfillment of the terms hereof, the sale or transfer of more than 10% of the assets or stock or ownership interest in the business(es), the suspension closing or cessation of operation of the business(es), voluntary or involuntary bankruptcy or an assignment for the benefit of such business(es) creditors. In the event of a matedal change of circumstances, County shall have the right to terminate this Agreement, whereupon County shall have no further obligation to Grantee under this Agreement. Any Agreement entered into between Grantee and such business(es) shall require such business(es) to immediately notify Grantee and County of a material change of circumstances and shall inform such business(es) of the potential for termination of funding in the event of a matedat change of circumstances. Grantee shall use reasonable diligence to monitor the business(es) to insure that no matedal change of cimumstances occur at such business(es) which County is not informed of and shall certify to County the absence of same at the time of any requests for payment hereunder. PAYMENT PROCEDURES, CONDITIONS Upon satisfaction of conditions set forth herein, County shall pay Grantee a grant award of $65.000 (the "Grant Award"). Grantee shall only be entitled to receive the Grant Award available under this Agreement in reimbursement of expenses related directly to the work as set forth on Exhibit A, for the eligible types of expenditures which are identified on Exhibit B to this Agreement, which is attached hereto and incorporated herein by reference (the "Eligible Expenses"). To be eligible for reimbursement, such expenses must be: 1. incurred on or after ~lJy._ZT_,J_9.9~; and incurred not more than twenty four (24) calendar months subsequent to the Effective Date of the Agreement; Requests for payment of Eligible Expenses incurred after the Effective Date of this Agreement shall, be submitted to ( R an~)_sh~,~ 7o~panied D= by proper documentation as determined by County in its sole discretion. For the purposes of this paragraph, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. When odginal documentation cannot be Presented, the Grantee must adequately justify its absence, in writing, and furnish copies thereof. In the case of invoices that have not first been paid by Grantee, Grantee shall certify to the County that each invoice presented for payment relates directly to work satisfactorily completed in accordance with this Agreement. Requests for payment of Eligible Expenses shall not be honored if received by County later than the expiration of the twenty Sixth (26) calendar month following the Effective Date of this Agreement. If Grantee fails to submit any requests for payment of Eligible Expenses by the expiration of the twenty sixth (26) calendar month following the Effective Date of this Agreement, then County's obligation under this Agreement shall automatically terminate, thereby relieving County hereto of any future obligations hereunder. If the Grantee fails to comply with any of the provisions of this Agreement, the County may withhold, temporarily or permanently, all, or any, unpaid portion of the Grant Award upon giving written notice to the Grantee, terminate this Agreement and/or demand a refund of the Grant Award and the County shall have no further funding obligation to the Grantee under this Agreement. III. E. The Grantee shall repay County for all unauthorized, illegal or unlawful expenditures of funds, including unlawful and/or unauthorized expenditures discovered after the expiration of this Agreement. The Grantee shall also' be liable to reimburse the County for any lost or stolen funds. F. Termination of this Agreement by County shall relieve County of any further obligation hereunder. Such termination shall not release Grantee from its obligations hereunder, including, without limitation, those relating to verification of jobs created and refunding any unearned portion of the Grant Award. Any portion of the Grant Award which is to be repaid to the County pursuant to this Agreement is to be repaid by delivering to the County a cashier's check for the total amount due, payable to Palm Beach County, within ninety (90) days of the County's demand therefor. G. Nothing contained herein shall be construed as limiting or waivi'ng any dghts of County from. pursuing any other remedy which may be available to it under law. Nothing contained herein shall act as a limitation of the County's rights in the event the Grantee fails to comply with the terms of this Agreement. COUNTY'S DEFAULT IV. A. In the event that the County fails to comply with the terms of this Agreement, then Grantee shall provide the County with notice detailing the nature of the default, whereupon County shall have 30 days within which to initiate action to correct the default and 90 days within which to cure the default. B. In the event that the County fails to cure the default, Grantee shall have the right to seek specific performance of the terms hereof or to terminate this Agreement. The Effective Date of the termination shall be the date of the notice of terminatien. R99 2077D Commencing six (6) months following the Effective Date of this Agreement, Grantee IX. VI. shall submit to County ~ reports satisfactory to County in its sole discretion in the format set forth on Exhibit C, attached hereto and incorporated herein by reference. These reports shall be submitted no later than thirty (30) days following completion of each reporting pedod. The final semi-annual report shall be submitted to the County no later than the thirty-eighth (38) month following the Effective Date of this Agreement. All grant payments made purs[Jant to this Agreement shall be contingent on the receipt and approval of the semi-annual reports required by this paragraph. Failure of Grantee to submit satisfactory reports shall entitle County to terminate this Agreement and demand a refund of the Grant Award. MAXIMUM GRANT AMOUNT In no event shall the reimbursements made to Grantee pursuant to this Agreement exceed the maximum total Grant Award of sixty-five thousand dollars ($65,000). FINANCIAL ACCOUNTABILITY, REPORTs AND AUDITS The County may have an audit, a financial system analysis and/or an internal fiscal control evaluation of the Grantee performed by an independent auditing firm employed by the County or by the County Internal Auditor, at any time the County deems necessary to determine the capability of the Grantee to fiscally manage the Grant Award. Upon completion of all tasks contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be submitted to the County if requested. VII. PERFORMANCE The parties expressly agree that time is of the essence with regard to performance hereunder and failure by Grantee to complete performance within the times specified, or within a reasonable time if no time is specified herein, shall, at the option of the County, in addition to any other of the County's dghts or remedies, relieve the County of any obligation under this Agreement. VIII. INDEMNIFICATION The Grantee agrees to protect, defend, reimburse, indemnify' and hold the County, its agents, its employees and elected officers and each of them, free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of action, of every kind and character, imposed against or incurred by County, Which arise out of this Agreement. The Grantee recognizes the broad nature of this indemnification and hold harmless clause, and voluntarily makes this covenant and expressly acknowledges the receipt of good and valuable consideration provided by the County in support of this obligation in accordance with the laws of the State of Florida. Grantee's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the sole negligence or willful misconduct of the County, its respective agents, servants employees or officers, nor shall the liability limits set forth in section 768.25, Florida Statutes, be altered or waived 'due to the foregoing indemnification. This paragraph shall survive the expiration or termination of the Agreement. PUBLIC ENTITY INSURANCE REQUIREMENTS R99 2077D It shall be the responsibility of the Grantee to provide evidence of the following minimum amounts of insurance coverage or legal liability protection: Xl. A. The Grantee shall procure and maintain through the term of this contract Worker's Compensation & Employers Liability insurance up to the statutory limits specified by Flodda Statute 440.02. Notwithstanding the number of the employees or any other statutory provisions to the contrary the Worker's Compensation insurance shall extend to all employees and volunteers. B. Without waiving the right to Sovereign Immunity as provided by Florida State 768.28 the Grantee acknowledges that it is self insured under State Sovereign Immunity Statues with coverage limits of $100,000 Per Person · and $200,000 Per Occurrence or such monetary waiver limits as may from time to time during the term of the contract be set forth in the State Sovereign Immunity StatUes, which the County recognizes as acceptable regarding Genera Liability and Automobile Liability. C. Without waiving the dght to Sovereign Immunity or any other statutory provisions to the contrary, the Grantee acknowledges and agrees in the event the County is named in any legal action as a result of or relating to this Agreement, the Grantee shall respond with all the necessary defense of the County and provide payment of all judgements and costs against the County in the same manner and to the same extent as if the County were identified as an Additional Insured on the Grantee's seif-insurance program. D. A signed Affidavit or Certificate of Insurance, evidencing that required insurance coverages have been procured by the Grantee in the types and manner required hereunder shall be transmitted to the County prior to the Grantee performing any operations under the terms of the contract. Further, said Affidavit or Certificate(s) of Insurance shall unequivocally provide thirty (30) days written notice to the County pdor to any adverse 'change, cancellation, or non-renewal of coverage thereunder. All insurance must be acceptable to and approved by the County as to form, types of coverage and acceptabil~ of the insurers or seif-insurance funds providing coverage. The Grantee acknowledges and agrees the Grantee's self-insurance Program will be Primary, and the County's self-insurance program will be Excess. AVAILABILITY OF FUNDS The County's obligation to pay under this Agreement is contingent upon annual appropriation for such purpose by the Board of CoUnty Commissioners. REI~IEDIES The remedies herein conferred are intended to be exclusive of any other remedies. Xll. CIVIL RIGHTS COMPLIANCE The Grantee warrants and represents that all of its employees are treated equally during employment without regard to race color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation and warrants and represents that no person shall, on the grounds of race, color, sex, national origin, disability, religion, ancestry, marital status, or sexual orientation be excluded from the benefits of, or be subjected to any form of discrimination under any activity carried out by the performance of this Agreement. x,,,. R99 2077D If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, 'be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provision, to persons or circumstances other than those as to which it is held 'invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. XlV. ENTIRE AGREEMENT The County and the Grantee agree that this Agreement sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by wdtten instrument executed by the parties hereto. XV. CONSTRUCTION No party shall be considered the author of this Agreement since the parties hereto have participated in extensive negotiations and drafting and redraffing of this document to arrive at a final Agreement. Thus, the terms of this Agreement shall not be strictly construed against one party as opposed to the other party based upon who drafted it. XVl. SURVIVAL The parties warranties, agreements, covenants and representations set forth in this Agreement shall survive the expiration or termination of this Agreement. XVII. ASSIGNMENT Grantee may not assign this Agreement or any interest herein without the prior written consent of County, which may be granted and is withheld at County's sole and absolute discretion. XVlII. GOVERNING LAW & VENUE This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Florida. Venue in any action, suit or proceeding in connection with this Agreement shall be in a state court of competent jurisdiction in Palm Beach County, Florida. XlX. BINDING EFFECT This Agreement shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective legal representatives, successors and assigns. XX. EFFECTIVE DATE OF AGREEMENT This Agreement is expressly contingent upon the approval of the Palm Beach County Board of CountY Commissioners, and shall become effective only when signed by all parties and approved by the Palm Beach County Board of County Commissioners (the "Effective Date"). XXl. HEADINGS The paragraph headings or captions appearing in this Agreement are for convenience only, are not part of this Agreement, and are not to be considered in interpreting this Agreement. R99 2077D. XXlI. WAIVER XXlII. No waiver of any provision of this Agreement shall be effective against any party hereto unless it is in writing and signed by the party(s) waiving such provision. A written waiver shall only be effective as to the specific instance for which it is obtained and shall not be deemed a continuing or future waiver. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. NOTICE All notices and elections (collectively, "notices'~ to be given or delivered by or to any party hereunder, shall be in wdting and shall be (as elected by the party giving such notice) hand delivered by messenger, courier service or Federal Express, or alternately shall be sent by United States Certified Mail, with Return Receipt Requested. The effective date of any notice shall be the date of delivery of the notice if by personal delivery, courier services or Federal Express, or if mailed, upon the date which the return receipt is signed or delivery is refused or the notice designated by the postal authorities as non-deliverable, as the case may be. The parties hereby designated the following addresses as the addresses to which notices may be delivered, and delivery to such addresses shall constitute binding notice given to such party: Michael Tarlitz, Economic Development Coordinator P.B.C. Governmental Center, 10th Floor 301 North Olive Avenue West Palm Beach, Florida 33401 (561) 355-3624 and if sent to the Grantee shall be mailed to: Dale S. Sugarman, Enterprise Operations City of Boynton Beach 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 33425-0310 (561) 742-6456 Any party may from time to time change the address to which notice under this Agreement shall be given such party, upon three (3) days prior written notice to the other parties. (Remainder of this page was left blank intentionally) R99 2077D IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Florida has made and executed this Agreement on behalf of the County and Grantee has hereunto set its hand the day and year above written. ATTEST: DOROTHY H. WILKEN, Clerk Board of County Commissioners PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS: ATTEST: Chair Z 0 7 CITY OF BOYNTON BEACH BY ITs BOARD OF COMMISSIONERS: APPROVED AS T° FORM AND LEGAL SUFFICIENCY ..~'ounty t~t~mey H:~DR3-GrantAgree.gg.wpd (8/26/99) 2.077Q EXHmIT A City of Boynton Beach Each business project or revision to previously approved projects in the budget allocations relating thereto shall require prior approval of the Palm Beach County Economic Development Office. Upon approval of the Overall Economic Development Program Committee, the Economic Development Office will be author/zed to make changes in the budget allocations for approved projects or to reallocate funding to other projects. Project: The City of Boynton Beach's Facade/Interior Improvement Project Funds will be offered on a competitive basis to existing, new and relocated business applicants to assist with facade and building interior improvements. Business commitments must be made within 180 days of contract. This program fits with the existing Visions 20/20 master plan for the community. Site Location: Central Business District Area a~,d expanded Community Redevelopment Area, Total Cost: $81,250 + To Be Determined (TBD) County Funds: $65,000 Municipality/CRA Funds: $16,250 Private Funds: TBD Contact: Dale Sugarman 561-742-6456 R99 2077D EXHIBIT B LIST OF ELIGIBLE ACTIVITIES 1. Acquisition of real property. 5. Construction of new buildings. 2. Expansion of existing property. 6. Renovation of existing buildings. 3. Providing payment of impact fees. 7. Site development assistance. 4. Facade improvement programs. (l~eimbursements will not pay: architectural or attorney fees/retainers or deposits on goods not received.) R99 2077D EXHIBIT C SEMI-ANNUAL REPORT FORM Please Circle the Round/Contract Year: ~ ROUND I (1996-97) ROUND II (1997-98) ROUND III (1998.99) Name of Applicant: Name of Project: Start Date: Completion Date: Semi-Annual Period for this Report: 1999 2000 2001 Funding Spent by Source for this 6 months: County Municipality / CRA / CDC Business June DeCember June December June December Cumulative Expenditures for Project: Total Do not include in-kind in the aboVe information. Matched local cash (Municipality I CRA I CDC) may include cash values of the following: Waiving of Utilities and Water/Sewer Hookup Costs; Waiving of City's Occupational License Fees; and Donation of land, buildings and easements. Status of Project: Please circle the appropriate current status level of your project and explain briefly. - (A) Site Development (B) Land Acquisition (C) RehabilitationlConstruction (D) Completed What will be Accomplished in the next 6 months? Total Employment: N~ew Jobs Created As of Contract Date Start Date Title/Position Hours/VVeek R99 20770 Wage/Hour H:..sernl-dev.doc '~ f'~ ~-~ CER FIFICATE OF COVERAGE Cartifica[e Holder Rodda League of Citie., Inc. Pul=Ilo Rlek ~ervlce$ P.O. Box 630065 Odafldo, Piorid~ 32853-0065 PALM BEACH COUNTY, BOARD OF COUNTY COMMISSIONERS A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA. ITS OFFICERS, AGENTS, AND EMP ECONOMIC DEVELOPMENT OFFICE 301 NORTH OLIVE AVENUE WEST PALM BEACH FL 33401 I COVERAGE I~O'v~Oe;p BY.' I=LO~I~.!-~l-~- MUNICIPAL INSURANCE TRUST [] Er, ors m,~J Oml'~slor,~' t. Jablll~V [] L~w EnfM¢~'.enc L~b;lity Liabtli~[¥ leo.lbin~d Ilngle limi[I bodily kqury air. Jilt pl'OI)Orl RISK MANAGEMENT CITY OF BOYNToN 1 O0 EAST BOYNTON BEACH BLVD BOYNTON BEACH, FL 334-25 The City of Boynton Beach 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 City Hall: (561) 742-6000 FAX: (561) 742-6090 November 14, 2001 Pam Nolan Economic Development Specialist Palm Beach County 301 North Olive Avenue, 10'~ Floor West Palm Beach, FL 33402-1989 Re: Palm Beach County Development Region~ Core Grant Agreement #R99-2077D Dear Para: As per the Palm Beach Development Regions Core Grant Agreement #R99-2077-D effective November 2, 1999 through November 1, 2001 please accept this as invoice for payment of $65,000.00 from the grant. Attached is Boynton Shipwreck,/ac., Reimbursement Claim gl along with copies of invoices and checks to support the total reported expenditures in the mount of $148,552.07. This expenditure report is to be applied as follows: Grant Reimbursement Claim #1 $ 65,000.00 Local Match 16,250.00 Private Spending 67.302.07 Total $148,552.07 Although the reported expenditures amount to $148,552.07 we are only requesting reimbursement for the balance of the grant allocation which is $65,000.00. Then $16,250.00 will be applied to the Local Match by the City, and the remaining $67,302.07 will be applied to the Business Private Spending. If there are any questions in regards to this reimbursement claim please contact me at 742-6312. Have a Happy Holiday Season and thanks for all your assistance. Sincerely, Diane Reese, Director Finance Department Attachments cc: Octavia Sherrod- Manager Community Redevelopment CORE GRANT AGREEMENT #R99-2077D CONTRACT PERIOD 11102199 - 11101101 city of Boynton Beach Reimbursement Claim #1 - Boynton Shipwreck Inc. Date of Claim: November 14, 2001 Page 1 of 1 Vendor JlDate of Invoicell Check No. II Purpose of Expense II Sub-Amount Il Amount ~ ICity of Boynton Beach CK #1002 Permits Fees $448.00 John Dodty Construction CK #1014 Construction $3,000.00 John Dodty Construction CK #1015 Construction $4,438.00 Robert G. Currie Pamership CK #1016 Architect Plans & Design $11,000.00 Perry & Kern CK #1020 Filing and Setup Fees $257.49 Marenic Falkanger CK #1018 Food Service Consulting $228.82 Russell Building Movers Inc. CK #1017 Lifting up house and placing $2,750.00 ~:; ~.:~:.,.-:~?~."..~;~;~.-'-~-~;~:!;:;"'. ~: ' .... "~':. ..:~;' .'?~'";;:'~[;~:,~:~.~,~,~.~~ on new foundation ~ ......... ~~ Marenic Falkanger CK #1021 Food Service Consulting $1,958.81 John Dority Construction CK #1022 Construction $5,000.00 IMA Insurance CK #1029 Windstorm Insurance $1,352.00 City of Boynton Beach CK #1035 Permit-Fees $1,848.00 John Dority Construction CK #1037 Construction $206.70 Robert G. Curde Partnership CK #1038 Permit Plans $1,887.31 Robert G. Currie Partnership CK #1039 Six sets of blueprints $262.9~ Anderson Rentals Inc. CK #1040 Portable Potty $196.70 Robert G. Currie Partnership CK #1052 ~ Architect Plans & Design $215.79 Anderson Rentals Inc. CK #1054 Portable Potty $67.35 Robert & Carolyn Beane CK #1023 Mortgage Payment 6~00 $4,055.28 Robert & Carolyn Beane CK #1025 Mortgage Payment 7~00 $4,055.28 Robert & Carolyn Beene CK #1027 Mortgage Payment 8/00 $4,055.28 Robert & Carolyn Beane CK#1030 Mortgage Payment 9/00 $4,055.28 Robert & Carolyn Beane CK #1036 Mortgage Payment 11/00 $4,055.28 'Robert & Carolyn Beane CK #1041 Mortgage Payment 12/00 $4,055.28 Robert & Carolyn Beane CK #1043 Mortgage Payment 1/01 $4,055.28 Robert & Carolyn Beane CK #1049 Mortgage Payment 2/01 $4,055.28 Robert & Carolyn Beane CK #1055 Mortgage Payment 3/01 $4,055.28 Robert & Carolyn Beane CK #1061 Mortgage Payment 4/01 $4,055.28 Robert & Carolyn Beane CK #1064 Mortgage Payment 5/01 $4,055.28 Robert & Carolyn Beane CK #1066 Mortgage Payment 6101 $4,055.28 Robert & Carolyn Beane CK #1070 Mortgage Payment 7/01 $4,055.28 ;)epartment of S~ate CK #1046 $150.00 Fraylor, Coratton, Beaument CK #1059 Corp Income Tax Return $800.00 ~, Kocielko ': ~. ' ,,,- · :lodda Dept of Revenue CK #1060 Intangible Tax Return $274.00 ~'ity of Boynton Beach See Note Below Permits $59,491.54 Total Grant Reimbursement Claim #1 $148,$$2.07 IBreakdown of Parti¢i~ation in Claim: ICounty Grant Share $65,000.00 City Share $16,250.00 Private Share $67,302.07 Total $148,552.07 Gte: Per discussion with Para Nolan the permits are being submitted as part of this reimbursement claim. Certification: I hereby certify that the purchases noted above were used in accomplishing the project. .... _ ....... fl, .. Certification: I hereby certify that bid tabulations, executed contract, cancelled checks, and other purchasing documentation have been maintained as required to support the costs reported above and are available for audit upon request. DEPARTMENT OF DEVELOPMENT · Building · Planning &Zoning · Occupational Licenses · Cornrnunity Redevelopment May 9, 2002 Mr. Robert Katz Bob Katz Properties, 114 SE 3"~ St. Boynton Beach, FL 33435 RE: SHIPWRECK- 502 EAST OCEAN AVENUE, BOYNTON BEACH. Dear Mr. Katz, Congratulations on nearing completion for Booker T's Restaurant! Your efforts in that neighborhood, including King's Cafe, have helped to improve the overall atmosphere of revitalization in the Heart of Boynton. Unfortunately, some of the other projects you have initiated in the Ocean Avenue area have not benefited from the same level of attention. The City has specific concems over the lack of construction progress on the Shipwreck property at 502 E. Ocean Avenue. There have been a number of concerns expressed by the general public, including nearby businesses, about the blighting image it creates for the area. Therefore, due to the highly visible nature of this project, we strongly encourage you to move forward with a determination about the economic feasibility of rehabilitant that property quickly. In addition, as we approach another hurricane season, there is growing concem about public safety. The current condition of the structure is not acceptable and poses serious life/safety violations. We would appreciate your immediate efforts to either resume construction or make certain that the site is in a condition to cause no impact to the surrounding properties. The Development Department, City Manager's Office and City Commission have all received complaints conceming the safety of this building.. - Please note that in light of your other improvement efforts in the City, staff has given you generous leeway with this project. However, this indulgence cannot continue indefinitely. For example, your site plan approval for the Shipwreck is has expired. The ramifications of this are that you should technically be required to petition City Commission for a one-year extension or' face the possibility of completing the site plan approval process a second time. That would impose all current code requirements against your project, loosing some. of the vested privileges you now enjoy. This would include the "Fee in Lieu of Parking" ordinance, which is rapidly City of Boynton Beach · 100 East.Boynton Beach Blvd., P.O. Box 310 · Boynton Beach, Florida 33425-0310 Mr. Robert Kalz, re: Shipwreck Site Page 2 May 9, 2002 approaching the end of its first year. There would be financial impact in waiting to move forward with construction on this site, as costs would increase significantly. Year two of the "Fee in Lieu of Parking" ordinance requires payment of $1,000 per required parking space to offset the City's cost for~ providing public Parking. Moreover, the resubmitted site plan would have to meet the new Flodda Building Code. We continue to look forward to assisting you through the development process and I know that Octavia SherTod and her staff have offered their services to facilitate and expedite your projects. I am certain that your efforts in the Ocean Avenue distdct will be rapidly acknowledged and received warmly by the public. Please do not hesitate to contact me directly if I can be of assistance. Sincerely, Nancy B'yC~~ : Assistant Development Director XC: Octavia Sherrod, Community Redevelopment Director Quintus Greene, Director of Development Don Johnson, Building Official Michael Rumpf, Planning &'Zoning Director 200t/2002 Budget Revenues Beginning Balance $3,925,000 TIF Taxes $943,240 Interest Income (Equity Account) $35,000 Interest Income (LGIP Account) $40,000 Interest Income (Sun Trust MM) $0 Miscellaneous $0 Other Transfer $0 Total Revenue $4,943,240 Expenditures Personal Cust Salades Doug Hutchinson Doug Hutchinson Susan Vielhauer Susan Vielhauer Car Allowance Doug Hutchinson Healt~ Insurance Doug Hutchinson Overtime Overtime 8/30/02 Personal Co~t Totals $t58,669 Professional Servicee Legal $25,000 Staff $25,000 Goren, Cherof, Doody & Ezrol PA Audit $350 Professional Services Totals $50,350 Mileage Reimbursement Totals $2,400 Business Meeting Prepaid FRA Conference Business Development BD of PB FGFOA- Palm Beach County Chapter Businusa Meeting Totals Equipment Rental Chargebeok color copies 8/2002 Equipment Rental Totals Office Rental Gene Moore Office space rental 10/2002 Office Rental Totals Insurance Enors & Omlssione Uabillties Computer Maintenance Printing and Binding Advertising Palm Beach Post RFQ Signage Advertising Totals Contractual Services O'Keefe, Inc Painting for new office Evan Environmental, Contractual Services Totals Licenses Fee~ & Permits Facade Program Mr Katz- Shipwreck Fac,,ade Grant Fa(}ade Program Totals Office Supplies Office Supplies Office Supplies Tntals Membership Boynton Beach Chamber of Comm. Membership Membership Totals Boolm, Publication, Vldeo~ Land Acquisition Deposit on Relax Inn Property Land Acquisition Totals CRA Improvementa Computer Equipment Dell Computer Purchase Order Computer Equipment Totals Fumitera & Fixtures IGI for desk, phone system, misc. office Furoitura & Fixturs~ Totals Principal Payment Principal Payment Principal Payment Totals $114,800 Interest Payment Interest Payment Interest PaymentTotals $214,600 Bond Issuance Expanes $4,000 Reserved for Futura Approp. $300,000 Total Expenses $4,943,240 ~ ear To % of Date CurTent Budget Totals September Remaining Remaining $3,989,703.00 $0.00 64,703.00 2% $945,684.00 $0.00 2,444.00 0% $6,404.00 $0.00 (28,596.00) -82% $24,372.00 $O 00 (15,628.00) -39% $49,369.00 $0.00 49,369.00 N/A $12,000.00 $12,000.00 12,000.00 N/A $1,274,162.00 $0.00 1,274,162.00 NIA $6,301,694 $12,000 1,358,454.00 $8,461.53 $276.92 $461.~ $126.91 $32,936.00 $9,327.00 125,733.00 79% $11,565.00 $28,023.00 $3,022.50 $350.00 $39,938.00 $3,022.50 10,412.00 21% $0.00 $0.00 2,400.00 100% $270.00 $35.00 $65.00 $950 $4,133.00 $370.00 (3,183.00) -338% $38.16 $4,000 $768.00 $38.00 3,232.00 81% $1,000.00 $8,4O0 $1,000.00 $1,000.00 7,400.00 88% $0 $2,996.00 $0.00 (2,996.00) N/A $8,400 $0.00 $0.00 8,400.00 100% $1,500 $3,672.00 $0.00 (2,172.00) -145% $495.00 $2,500 $7,0t6.00 $,495.00 (4,516.00) -18t% $2,750.00 $2,435.25 $35,000 $18,659.00 $5,185.00 16,341.00 47% $175 $176.00 $0.00 0.00 0% $16,250.00 $50,000 Sl 6,250.00 $16,2,60.00 33,7SO.00 68% $39.00 MOO $1,668.00 $39.00 (1,058.00) -176% $225.00 S1,600 S540.00 $225.00 1,060.00 66% $500 $159.00 $8.00 341.00 68% $20,000.00 $3,726,971 $63,917.00 $20,000.00 3,663,054.00 98% $247,325 $1,$00.00 $0.00 245,825.00 99% $5,663.62 $0 $8,664.00 $5,664.00 (5,664.00) NIA $3,000.00 $10,600 $3,000.00 $3,000.00" 7,600.00 72% $60,086.00 $t19,788.00 $60,086.00 (4,988.00) -4% $98,563.00 $197,510.00 $98,563.00 16,990.00 8% $0.00 $0.00 4,000.00 100% $0.00 $0.00 300,000.00 100% $521,278.00 $223,264.50 4,421,962.00 Total $8,780,416.00 ($211,264.50) 5,669,151.50 2) Relax Inn Closing Memo To: From: Subject: Date: CRA Board Douglas Hutchinson Relax Inn Status October 2, 2002 The Relax Inn Purchase Closing should be on Monday, October 21st, 2002. At the time of this memo, I do not have the time or place. I will pass that along as soon as possible. Jim Nardi has been in contact with the demolition firm, they are filing required notices this week with the State. The State requires a ten date notice period. Then upon closing, October 21, 2002, the demolition firm will disconnect all utilities, then start demolition. It is projected that the building would be removed within 10 to 14 days after closing. Staff is proposing that we make this an event to kick off the development activity in the area. Because of the proximity to the new office, we might think about having our office open house at the same time. 3) Consider Date for Grand Opening of the new CRA office Memorandum To: CRA Board From: Douglas Hutchinson Date: 10/2/02 Re: Open House We have just moved our offices and upon completion of the office transition period; staff proposes the hosting of an open house. It is our goal to familiarize the public with our new location as well as to improve awareness. We might want to consider coordinating this with the Relax Inn demolition. Staff requests the Board's approval and assistance with the setting of the event date. 4) Design Guideline RFQ Memo To: From: Subject: Date: CRA Board Douglas Hutchinson Design Guidelines October 2, 2002 The Delray Beach CRA has begun their Design Guideline process. The firm they are using is highly regarded and their process and methodology seem to be very well done. I have attached the Delray RFQ as an example of what they used. I have asked legal as to the potential to "piggy back" on the Delray CRA's contract with the Design firm they selected. If the Boynton Beach CRA wishes to use the same firm, and if we can legally "piggy back" their contract, it would save us significant cost and time. Currently we are visiting with a dozen developer groups (from small to large) and one of the greatest concerns of investing in Boynton is that not many new projects are built which would indicate the level of quality and design that Boynton hopes to attract. They are very uneasy about what we are going to turn out to be. This is not a passing whim, but a real issue. All have strongly encouraged the CRA to move quickly to establish comprehensive design guidelines for the CRA area. Staff seeks the direction of the Board to move forward with this process. DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY DESIGN GUIDELINES REQUEST FOR PROPOSAL (RFP) PURPOSE: The Delray Beach Community Redevelopment Agency (CRA) is requesting professional architectural and planning consulting services to complete the directives of the Downtown Delray Beach Master Plan scheduled for adoption on March 19, 2002. The scope of the project will entail the creation of design guidelines and land development regulations for the study areas of the Master Plan. BACKGROUND: The City of Delray Beach, in conjunction with the Treasure Coast Regional Planning Council (TCRPC) and interested citizens developed a Master Plan for the City's downtown area. The goal of the Master Plan is to create a framework that will facilitate development and investment in private land as well as in public infrastructure, preserve the city's heritage, enhance its livability and sense of unity and maintain its design quality, both architectural and urban. The Master Plan also acknowledges the diversity and dynamics of Delray Beach through the following three (3) districts which contain distinct characteristics and lifestyles: 1. The West Atlantic Neighborhood District 2. The Central Core District 3. The Beach District A draft copy of the Master Plan, which includes a description of each District, is provided in Attachment A. The focus of this RFP is on developing city-wide design guidelines and land development regulations for these districts. Responses to RFP Guidelines: Fifteen (15) copies of the proposal must be submitted in accordance with the instructions contained in this RFP document and must be received in the CRA Office, 104 West Atlantic Avenue, Delray Beach, FL 33444, no later than Monday, April 22, 2002, by 4:00 p.m.. Responses received after this time will not be considered. A list of Respondents will be available within twenty-four (24) hours after receipt of proposals. Proposals must be submitted in a sealed envelope clearly marked on the outside as Design Guidelines RFP. All proposals received prior to or at this time will be logged in the order received. IN ACCORDANCE WITH THE PROVISIONS OF THE AMERICAN WITH DISABILITIES ACT (ADA), THIS DOCUMENT MAY BE REQUESTED IN AN ALTERNATE FORMAT. Page I of 10 104 West Atlantic Avenue · Delray Beach, Florida 33444 561-276-8640 · Fax 561-276-8558 Evaluation Criteria: Responses must contain sufficient information to easily determine the experience, knowledge, skills, and abilities of the project team. Preference will be given to those respondents who are able to demonstrate appropriate experience with legal, land use, transportation engineering, zoning, and architectural issues, and the ability to complete the project in a timely manner. Please organize the responses to the following evaluation criteria in the order provided below: A. Knowledge/Experience/Qualifications Maximum points (20) Knowledge of Subject Area. Indicate the extent of knowledge in developing innovative and flexible land development methods; sustainable development principles and practices; smart growth principles; familiarity with Florida Legislation and practices; and development of land development regulations for infill and redevelopment areas. Required Project Experience, Provide written examples of related work, including the project approach, results, status, and costs of services for each. Submittals must include a minimum of two (2) examples of experiences in all of the following areas performed by the team within the past five (5) years: 1. Creating successful property development regulations and design guidelines such as those described herein. 2. Handling and resolving complex land development issues. 3. Conducting public meetings and engaging public participation. 4. Oral and visual presentations to key groups, large and small meetings, as well as public workshop and hearings. 5. Managing land development regulation changes of this scope in North America. Submit verifiable references demonstrating the firm's experience in the development of design guidelines within the past five years (5), with the following information listed for each reference: 1. Name of Client 2. Address 3. Contact name 4. Telephone and fax numbers 5. Dates of service 6. Project Description Failure to provide at least one (1) such reference will result in significant reduction in evaluation score. Page 2 of 10 104 West Atlantic Avenue · Delray Beach, Florida 33444 561-276-8640 · Fax 561-276-8558 Project Team Qualification. Submit a title sheet, which includes the name, address and overview of the primary firm and any subcontractors that will be part of the project team, including, but not limited to, name, title, address, phone number and resume of the principals and managers involved in the project. Key Personnel Document experience, expertise, and background of the project team in the area of planning, zoning, architectural design, community redevelopment, and transportation engineering as well as legal experience related to development and defense of land development regulations for the past five (5) years. Submit complete qualification statements of the key personnel who will be responsible for the Downtown Master Plan Design Guidelines. Identify similar projects in which the key personnel have been directly involved and the function of the key personnel. B. Methodology/Timeline Maximum Points (30) Methodology. Respondent shall outline the methodology to be utilized to collect, organize, analyze and develop the design guidelines to address the needs and concerns of the City and its citizens and accomplish the goals of the Master Plan. The methodology must also indicate the strategy for obtaining input from citizens and the development community (i.e. amhitects, builders). Incorporate key personnel and their role in this project. Timeline. A proposed timeline anticipated for the overall project is required as part of the response. The attached suggested phasing schedule may be used as a reference. C. Performance/Accessibility Maximum Points (20) Performance. A statement of the overall ability to complete the project with quality technical work within a fixed schedule is required. Current and future commitments should also be included in the statement. Accessibility. This project requires ongoing coordination between the selected Project Team and the CRA. Provide a statement of degree of the team's accessibility to perform the scope of services as required herein. Dg Legal History/Liability Insurance/ Disclosure Statement Maximum Points (5) Legal History. Provide a list of any lawsuits against the company for the past five (5) years, summarizing allegations, results, and status if currently active. If there are none, a statement to that effect should be provided. Liability Insurance. Provide a statement indicating proof of professional liability insurance in an amount of at least $1,000,000 and a statement indicating proof of workers' compensation and automobile insurance provided by a carrier or company acceptable to the CRA. Page 3 of 10 104 West Atlantic Avenue · Delray Beach, Florida 33444 561-276-8640 · Fax 561-276-8558 Disclosure Statement. Provide a statement of disclosure indicating any conflicts of interest or affiliations with property owners or their representatives that would be affected by the regulations, or on behalf of any individual to be involved in the project, due to other clients, contracts, or property interests that would be affected by the participation in this project. E. Technology Capabilities Maximum Points (5) Overview of computer resources utilized to produce high quality reports, graphic, and illustrations. The selected consultant will be required to demonstrate conformance with CRA and City Standards. The CRA and City utilizes the latest versions of Microsoft Word for word processing, Autodesk AutoCAD, Adobe Photoshop, and Powerpoint for graphics, and Frontpage for web development. F. Cost Proposal Evaluation of this criterion is based on reasonableness of cost relative to quality of service provided as indicated. The cost proposal shall not be used as an evaluation criterion by the Short-list Committee. However, the CRA Board has the discretion to consider the cost proposal for award of the contract. Selection Committee Procedure: Each Short-list Committee member shall review each proposal against the evaluation criteria listed above and rank the respondents. Upon completion of the members' review, the Short-list Committee shall meet to rank and score the respondents accordingly. The short-list will be comprised of respondents with the top three (3) scores. The short- listed firms will be required to present their proposal to the CRA Board. At minimum, short-listed firms will be requested to submit: Proposed outline for the LDR; model language; and model illustrations. Following the presentations, the CRA Board shall review, discuss, and vote to award the contract to the most qualified consultant team. Proposal Requirements: Proposal should contain all of the documents listed above, each fully completed, and signed as required. Proposals submitted which do not comply and/or include the required items in the RFP may be deemed non-responsive and will not be considered for contract award. Additional Instruction to Proposers: Proposals shall contain a Table of Contents. The Table of Contents should outline in sequential order all of the areas of the proposal, and all pages of the proposal including the enclosures, must be clear, numbered, and consecutively correspond to the Table of Contents. All documents shall be in 8.5" x 11" portrait format. Page 4 of 10 104 West Atlantic Avenue · Delray Beach, Florida 33444 561-276-8640 · Fax 561-276-8558 The CRA reserves the right to select a consultant from the responses received, to support in whole or in part the recommendation of the Selection Committee, to schedule interviews with one or more respondents as a prelude to preparation of a "short-list," to schedule interviews with one or more respondents as a prelude to selection of a consultant, or to reject all proposals. In addition, the CRA reserves the right to split the implementation into different sections and to award specific sections to the best- qualified consultant. The CRA also reserves the right to approve all subcontractors. Attachments: A. Draft Downtown Delray Beach Master Plan B. Summary chart of LDR Sections Substantially Affected by the Guidelines. C. LDR Table of Contents Page 5 of 10 104 West Atlantic Avenue · Deh~ayBeach, Florida 33444 561-276-8640 · Fax 561-276-8558 SCOPE OF SERVICES The Downtown Delray Beach Master Plan fulfills the directives of the following elements of the City of Delray Beach Comprehensive Plan: Future Land Use, Transportation, Housing. Capital Improvement, Open Space and Recreation, Public Facilities, and Conservation. Substantial revision to the City's Land Development Regulations (LDR) is required to implement the Master Plan. The selected consultant will be responsible for reviewing the adopted Master Plan to fully determine the extent of the revisions. The selected team will be responsible for creating design guidelines and land development regulations for the three districts and recommending modifications to the existing LDR to implement the Master Plan. The selected team will also be required to graphically depict these regulations and standards and revise/create definitions for consistency with the Master Plan. Graphic depictions shall consist of both illustrations and visual preference studies. These regulations, standards, definitions and graphics will be incorporated into the LDR. To ensure a consistent method for evaluating and approving quality development, the selected team will be responsible for developing and modifying existing performance standards or other means of evaluating new development and recommending modification to the development review process. The selected team will also be expected to participate in community and stakeholder input meetings and workshops, meetings of the Downtown Master Plan Implementation Committee and its subcommittees, Planning and Zoning and other applicable advisory board meetings, and City Commission workshops and adoption hearings. The Planning and Zoning Board is an advisory board responsible for reviewing LDR revisions and is comprised of citizens appointed by the City Commission. The project consists of the following components: Design Guidelines and Land Development Regulations, Other Development Standards, and Modification to existing LDR standards. Other related aspects of the Master Plan such as the West Atlantic Neighborhood District, the West Atlantic Avenue Redevelopment Plan, Historic Preservation Plan, and the NW/SW 5th Avenue Beautification may be re-evaluated by the CRA and City Commission as priority items and may need to be incorporated into this project following adoption of the Downtown Master Plan. The selected firm(s) may be requested to develop these provisions through a separate contract. Each component is outlined below. Des[on Guidelines and Land Development Regulations Formulation of unique property development regulations and standards are required for the three districts identified above. Illustrations and visual preference studies will be required to depict these regulations and their standards. Page 6 of 10 104 West Atlantic Avenue · Delray Beach, Florida 33444 561-276-8640 · Fax 561-276-8558 77I... The property development regulations and standards must incorporate the following design guidelines: a. Building design standards, including, but not limited to, massing, scale, pattern, rhythm, material, color, placement, orientation, and build-to lines/setbacks, where feasible and appropriate, to provide spatial definitions along streets and fronting on public open space, such as square or greens and to create a sense of place for the pedestrian and the community. b. Public space amenities, including, but not limited to, wide sidewalks, lighting, seating, signage, gathering space, water features, and landscaping. c. Strong pedestrian systems that link building and community open space and encourage pedestrians to walk between land uses. The pedestrian system must also include significant landscape treatment, including trees, plants and hardscape to delineate the pedestrian system. d. Architectural treatment: 1) To ensure new development is compatible with the surrounding area and enhance the appearance of the streetscape in the community. 2) To utilize architectural features to reduce the mass/scale and uniform monolithic appearance of large buildings. 3) To ensure that the architectural composition of new development incorporates architectural features that provide visual interest, while allowing design flexibility. e. Utilization of vertical integration such as residential over office and retail uses, office uses over retail uses, or other compatible combinations of uses may be allowed. f. Provisions for transition areas must be established. These must address how the development is treated at the periphery and edge, adjacent to less intense residential neighborhoods or natural areas. Alternative development patterns to landscape buffers should be used in these transition areas and should include lower intensity and density uses, with building height and design comparable to the adjacent district. These transitions should integrate new development into the community, preserve existing native vegetation and neighborhood character to the greatest extent possible, and provide strong pedestrian and bicycle linkages and access. g. Creation of distinct sense of identity and delineation of the pedestrian system within and along public spaces and streetscapes. This is accomplished by placing human-scaled pedestrian elements along these spaces which include, but are not limited to, unique lighting fixtures, seating, gathering spaces, water features, statuary/public art, and landscaping. h. Establishment of linkages from the commercial center to adjacent land uses, convenient access to transit stops, and off-site pedestrian and bicycle systems. Page 7 of 10 104 West Atlantic Avenue · DelrayBeach, Florida 33444 561-276-8640 · Fax 561-276-8558 B. Other Development Standards 1. Sign and Landscape Code The Consultant shall make recommendations to the City for revisions to the sign and landscape code standards for consistency with the design guidelines. Community Oriented Policing Program/Crime Prevention Through Environmental Design (CPTED) In support of the community policing program of the Police Department, the LDR must incorporate CPTED guidelines, a community design program which is aimed at reducing opportunities for criminal activity by increasing visibility from buildings, along streets, and in public areas. Modification to Existing LDR Standards. The selected firm(s) will be responsible for restructuring and reorganizing sections of the LDR that apply to the downtown area into a format that is easier to use and interpret. The reorganization shall include elimination of redundancy, excess verbiage and ambiguities. The revised format will include an expanded use of charts, tables, graphics, and illustrations. The draft and final ordinances shall be in the standard strikeout and underline format. ADDITIONAL REQUIREMENTS The Consultant is responsible for all research required for this Study. A total of two (2) bound copies of the Final Document are requested, one (1) unbound original, and one (1) reproducible electronic version once the final document is accepted by the CRA and the City. The anticipated completion date for the project is March 31, 2003. The Consultant is responsible for adhering to the scope of services and work program. As tasks are finalized, they are to be presented to the CRA staff for their review and acceptance prior to the release of funds for payment. The Consultant will be required to attend at least ten (10) City and five (5) CRA Board meetings. These will include presentation of the Guidelines before the City advisory boards, Delray Beach Downtown Master Plan Implementation Committee, and City Commission at workshops and public hearings. Page 8 of 10 104 West Atlantic Avenue · Delray Beach, Florida 33444 561-276-8640 · Fax 561-276-8558 SCHEDULE OF PAYMENTS The Scope of Services to be completed by Consultant as defined in the RFP consists of specific requirements which shall be clearly identified on a phase-by-phase basis upon submission to the CRA of certain "Deliverables" as expressly indicated below. Compensation for the work tasks stated herein shall be in accordance with the following: Deliverables shall be defined as progress reports, specific reports, work program, graphics, illustrations, documentation of meetings attended, assessment study reports, analysis reports, summary reports, recommendation reports and related draft reports, draft and final ordinances, and verifiable back-up data. All final documents shall be in 8.5" x 11" portrait format. Consultant shall provide required deliverables, in the form of a written summary of information and completed study, as identified in the Scope of Services, for Phases I through V. The following suggested schedule may overlap and items may be modified as necessary: PHASEI A) B) C) D) E) F) Item 1 Item 2 Item 3 Item 4 - Work Program - Existing Documentation Analysis - Assessment of Conditions - Public Engagement/Communication Strategy Item 5 - Initial Community and Stakeholders, Advisory Boards, and Commissions Input Meetings Item 6 - Summary Assessment of Existing Conditions Target Completion Date: Compensation for Phase I: June 30, 2002 20% of contract amount PHASEII A) B) C) D) E) F) G) Item 7 - Collaborative Session with CRA and City Staff on Existing LDR Item 8 - Summary Assessment of Existing LDR Item 9 - Comparison of Existing and Proposed LDR Work Session with CRA and City Staff Item 10 - Summary Assessment of Required LDR Modifications Item 11 - Submission of Proposed LDR Annotated Outline Item 12 - Work Session with CRA and City Staff on Annotated Outline Item 13 - Submission of Revised Annotated Outline Target Completion Date: Compensation for Phase I1: July 31, 2002 20% of contract amount Page 9 of 10 104 West Atlantic Avenue · DelrayBeach, Florida 33444 561-276-8640 · Fax 561-276-8558 PHASE III- PROPOSED DESIGN GUIDELINES AND LDR DEVELOPMENT A) B) C) D) Item 14 - Work Session with Implementation Committee, CRA and City Staff on Illustrations and Visual Preference Study of Design Guidelines and LDR Item 15 - Illustrations and Visual Preference Study of Design Guidelines and LDR Development Item 16 - Public Workshop on Illustrations and Visual Preference Study of Design Guidelines and LDR Item 17 - Documentation and Assessment of Public Workshop Target Completion Date: Compensation for Phase II1: October 31,2002 20% of contract amount PHASE IV- REVISION OF LDR A) B) C) D) E) F) Item 18 - Draft Design Guidelines and LDR (including supportive graphics and illustrations) Item 19 - Work Session with Implementation Committee, CRA and City Staff on Draft Documents Item 20 - Public Workshop on Draft Documents Item 21 - Documentation and Assessment of Public Workshop Item 22 - Presentation to Implementation Committee, Advisory Boards, and CRA and City Commissions Item 23 - Revision to Draft Documents Target Completion Date: Compensation for Phase IV: January 31,2003 20% of contract amount PHASE V- FINAL ADOPTION OF LDR A) B) c) D) E) F) G) H) Item 24 - Finalize Ordinance, Summary Report and Documentation Item 25 - Presentation of Final Ordinance to Implementation Stakeholders, City and CRA Boards Item 26 - Documentation/Report Summary Item 27 - Revision of Proposed Ordinance Item 28 - First Reading of Ordinance Item 29 - Revision of Proposed Ordinance Item 30 - Adoption Hearing of Ordinance Item 31 - Submission of Adopted Ordinance, Illustrations and reproduction). Committee, Supporting Graphics and Electronic Documentation (ready for distribution and Target Completion Date: Compensation for Phase IV: March 31,2003 20% of contract amount (final payment) P:\Urban Planning~Arch-Design Guidelines\RFP\RFP (final-revised without cost for Short-list Committee).doc Page 10 of 10 104 West Atlantic Avenue · DelrayBeach, Florida 33444 561-276-8640 · Fax 561-276-8558 5) Heart of Boynton Workshop Date Memo To: From: Subject: Date: CRA Board Douglas Hutchinson Heart of Boynton Workshop October 2, 2002 The City Development department is moving forward with a multi-phased project in the Heart of Boynton Area (MLK corridor). As the CRA Heart of Boynton plan calls for, elements of redevelopment include residential, commercial and mixed use. There will be several different agencies, which are being brought together to make the vision a reality. Therefore, I have asked Quintus Greene and Wilfred Hawkins to coordinate the planning process with the CRA and to specifically include the Board in the process. We would like to have a coordination workshop and seek Board direction as to the scheduling of this item. Boynton Beach Poinciana Heights Development Initiative Development Plan Outline l~LANNING & PREDEVELOPMENT: Finalize site selection and begin site planning process as follows: a. Identify and finalize decisions of phases/sections of the target area to be developed in this first cycle (i.e. The housing authority section, area near to the park and cemetery) b. Do Request for Qualifications (RFQ) for development contractors such as architect, engineer, land planner, builder, etc. Do RFQ for urban designer/site planner to work with residents to develop a concept site plan, unit types, elevations, etc. Do RFQ for consultant or identify suitable City or CDC staff to conduct site assessment/land assembly including property conditions, ownership, lien status, photos, appraisals, surveys, environmental status, etc. Establish a preliminary planning budget that will include the costs of appraisals, surveys, title searches, consultant or staff time, site planning/urban design, environmental reports, etc. Co eo Outcomes: Preliminary planning budget, database of potential contractors, developer partners, selected initial sites, consultants hired and working. PARTNERSHIPS: Identify and secure commitment fi-om partners. a. Substantiate partners commitment through the signing of memorandum of understanding by all current parties b. Do RFQ for developer partners to work with CDC. c. Provide PBC Housing Authority with participation scenarios and assess response d. Make proposal offer to PBCHA and enter negotiations e. Finalize partnership model Outcomes: Signed memorandum of understanding, database of potential developer partners, agreement with PBC Housing Authority LAND ASSEMBLY: Develop an inventory of properties for acquisition and determine total costs of land assembly including appraisals, surveys, environmental, etc. Inventory will be developed as follows: a. Properties owned by the City that are buildable or are contiguous, if not suitable, and are in or adjacent to the selected areas within the larger target area. b. Properties to be purchased fi-om private owners in or adjacent to the target area to the selected areas within the larger target area. c. Properties owned by private investors who are willing to joint venture with the project stakeholders in or adjacent to the target area to the selected areas within the larger target area. 1 d. Properties that have to be acquired by eminent domain as a last resort or because of title issues. Outcomes: Prepare color-coded map of properties based on the above categories and property list showing property control numbers, and assessed values. Prepare a profile of each with photos and property information. Request appraisals. RELOCATION ISSUES: Development of a viable relocation plan as follows: a. Review federal and state relocation guidelines and determine liability and payments. b. Identify eligibility fi:om land assembly information. c. Develop policies and procedures for relocation Outcomes: Relocation plan FINANCING: Prepare a development budget and a financing package after identifying land costs. Financing would include conventional debt, low interest debt, subsidies and waivers/incentives as follows: a. Identify acquisition, predevelopment and construction financing needs. b. Preliminary commitment fi:om City of Boynton Beach for funds to be dedicated to multi- family and single-family housing fi:om CDBG, SHIP, TIF and General Fund. c. Preliminary commitments for possible building permit fee and utility connection waivers from the City of Boynton Beach. Identify impact fee and other credits d. Preliminary commitment fi:om County SHIP program for set-a-side grant funds for project costs. Also, CDBG set-a-side for infrastructure. e. Apply for Federal Home Loan Bank of Atlanta Affordable Housing Program funds by March 15. Also apply to State of Florida Housing Finance Agency for set-a-side funding .under High Impact funding category. f. Identify private investor equity, where applicable. g. Identify financial incentives that PBC Housing Authority can provide, regardless of their partnership status. h. Preliminary commitments for low interest and low cost debt fi:om CFC, Palm Beach County Housing Finance Agency and LISC for acquisition and predevelopment with allowance for future allocation of construction funds. i. Assess and, where feasible, secure FannieMae low interest debt currently at max of $5 million at 3% with a 25% guarantee by the City j. Preliminary commitments for conventional debt - First Union, etc. k. Identify end loan products, subsidies and level of buyer equity needed. Outcomes: Development budget and financing plan. Establish preliminary unit costs. Secure preliminary financing commitments. 2 6. MARKETING: Identify market characteristics and strategies for marketing development as follows: a. Gather market data and do market analysis around (1) type and pricing of housing and (2) income and demographics of buyers and area. b. Create marketing and promotion strategies including homebuyer fairs, prequalification of clients, lot contracts and site selection, builder contract and loan and subsidy applications. c. Determine design characteristics of houses including types, sizes, price categories. ~' Single family detached ~ Single family attached/townhouses ~ Multiplex (duplexes to quads) - garden style ~' Condominiums ~ Cooperative housing d. Establish homebuyer education component including credit counseling, homebuyers clubs, monthly meetings, etc. Outcomes: Market survey and marketing plan. Housing designs including floor plans and elevations, concept plans. 7. EXAMPLES: Prepare preliminary sources and uses and affordability analysis as follows: Macro Level ~ 100 unit development for scattered or single site ~ Price points would vary between approximately $70,000 to $150,000 based on unit types ~ Suggested 3 price points and three types of housing Categories Single Family Multiplex Townhouses Totals Size 1,400 sq. feet 1,100 sq. feet 1,250 sq. feet Number of units 25 50 25 100 Uses Land costs Closing costs Environmental Survey, appraisal Land development Architectural/engineering Hard cor~truction costs Infrastructure Interest reserves Carrying costs Sources City Subsidy & Waivers County subsidies Soft debt sources ConVentional debt 3 Micro Level ~ Affordability analysis on 1 unit Sales Price Less Homebuyer Downpayment (_%) Less Maximum Subsidy First Mortgage ( ) Monthly Housing Costs: First Mortgage (30 years, 7% based on current rates) 2nd mortgage (grant) Real Estate Taxes (estimated) Insurance (estimated) Net Monthly Housing Costs: (assumes a front end ratio of 33%) 3-Bedroom Unit $ $ $ $ $ 0 $ ~oo $ 50 $ Minimum Annual Income Required: Percent of Median Income: % (based on Palm Beach County 2002 median income of $62,800 for a four-person household) The palmBeach Housing Authority as one of the primary landlords in the Cherry Hills Neighborhood and in its role as a provider of affordable housing has an oppommity to participate in the planning and redevelopment of the community. In order to facilitate the redevelopment of its public housing units, the Housing Authority will have to undertake several tasks: '~ Getting HUD's approval of the demolition and disposition of the public housing units ~[7 Relocating the current resident of the public housing units The Housing Authority also has the opportunity to work with the City of Boynton Beach, LISC, and the Boynton Beach Faith Based Community Development Corporation on the development of new housing in the community. The Housing Authority can take the following roles and provide assets and experience to the process: · Create homeownership programs · Provide Section 8 Homeownership subsidy for potential homeowners · Assist with relocation with residents of the Cherry Hill Neighborhood · Provide Section 8 subsidy for residents of the Cherry Hills neighborhood · Supply financing for the redevelopment, either construction or permanent Act as co-developer or parmer in the redevelopment project · Assist with the acquisition of sites for the development of housing Summarized below are several of the tasks that have already been identified as a part of the planning process. The Housing Authority or the Housing Authority working in partnership with the City, LISC, or the CDC could undertake these tasks. Acquisition of new housing sites Use.existing public housing sites for new development Assist existing residents of the Cherry Hills neighborhood with relocation Assist with relocation Initiate homeownership Program Use Section 8 subsidy for Land assembly, appraisals, surveys, environmental reviews, zoning, use of eminent domain powers, clear title Prepare Demolition and Disposition Application for Public housing Units for HUD Approval Develop and implement tenant and owner relocation plan Provide Section 8 Subsidy for Relocation Initiate and develop all necessary markets and networks for Potential homebuyers. Create and Administer Section 8 Homeownership Program for homeownership residents Assist with housing options'Relocate any displaced households using Section 8 subsidy, available for relocated families public housing units or other affordable units Assist residents with Section Process subsidies and income certifications 8 subsidy Provide financing for project Provide subsidy financing or lending capital development Create security program forInitiate and conduct community security programs the neighborhood ASSOClATEi PLANNING SERVICES Contract Addendum Master Plan and Schematic Design for: Wilson Community Center & Park Sara Sims Park And Surrounding Heart of Boynton Neighborhoods Prepared For: City of Boynton Beach Parks and Recreation Department Boynton Beach, Florida Presented By: ,lEG Associates 5702 Normie Drive Orlando, Florida August 12, 2002 Schematic Designs JEG Associates PROPOSED TASKS Background: The City of Boynton Beach Parks and Recreation Department has requested that JEG Associates amend it's current Heart of Boynton Implementation contract to include a study to create a master plan and schematic designs based upon the conceptual site redevelopment scenarios in the Heart of Boynton Community Redevelopment Plan. The master plan would include a specific program and detailed site plans for the Wilson Community Center and Park complex, the Sara Sims Park, the Poinciana Heights Neighborhood, the Martin Luther King, Jr. Gateways, and the current Public Use designated areas of the Boynton Terrace neighborhood. Scope of Services: Task 1.0 - Project Organization The Consultant will meet with appropriate Client representatives to: finalize the scope of services, deliverables, and schedule to ensure mutual understanding of the project; review specific client needs and expectations for the level of detail covered within the generated design schemes; and, discuss presentation format and summary requirements. Project Deliverables: I meeting between Consultant Team and Client Representatives to finalize scope, schedule, and deliverables. Task 2.0 - Wilson Center/Park Program The Consultant will facilitate a workshop and meetings with Client representatives and community stakeholders to develop a space program which allocates proposed uses and space requirements for the Wilson Center, the swimming pool, and adjacent park site, consistent with the Heart of Boynton plan and Client/Stakeholder priorities. Project Deliverables: Wilson Center/Park Complex Space Program Task 3.0 - Wilson Center/Park Schematic Design Produce detailed site plan graphics for the Wilson Center/Park complex. Project Deliverables: Final site plan (Color Renderings, CAD Graphics) and summary data Task 4.0 - Sara Sims Park Schematic Design Produce detailed site plan graphics for the Sara Sims Park area, extending from North Seacrest Boulevard to N.W. 2"d Street. Project Deliverables: Final site plan (Color Renderings, C~4D Graphics) and summary data Task 5.0 - Poinciana Heights Schematic Design Produce detailed site plan graphics for the Poinciana Heights neighborhood, extending from the C-16 Canal to Martin Luther King, Jr. Blvd., and from 1-95 to N. Seacrest Blvd. Project Deliverables: Final site plan (Color Renderings, CAD Graphics) and summary data Task 6.0 - Martin Luther King, Jr. Blvd. Schematic Design Produce detailed site plan graphics for the east/west gateways to the MLK neighborhood at N. Seacrest Blvd. and N. Federal Highway. Project Deliverables: Final site plan (Color Renderings, CAD Graphics) and summary data Schematic Designs JEG Associates Task 7.0 - Boynton Terrace Schematic Design Produce detailed site plan graphics for the public use area (Public Works Complex/Head Start Center) of the Boynton Terrace Neighborhood. Project Deliverables.. Final site plan (Color Renderings, CAD Graphics) and summary data Task 8.0 - Meetings and Public Presentations The Consultant will participate m 2 meetings with Client representatives to discuss project progress/issues, and 1 public presentation of the Master Plan'Findings and Recommendations PROFESSIONAL FEES Task 1.0: $1,500 Task 2.0 $5,000 Task 3.0 $5,500 Task 4.0 $5,000 Task 5.0 $7,000 Task 6.0 $4,000 Task 7.0 $4,000 Task 8.0 $3,000 TOTAL $35~000 The lump sum fees above include the Consultants' direct expenses, including, but not limited to word processing, architecture, and design services; telephone, travel, meals, lodging, printing, binding, and reproduction costs. MATERIAL OWNERSHIP All of the final graphic materials and reports created become the sole property of the City of Boynton Beach upon delivery. Approved By: City of Boynton Beach By: Its: Dated this day of ,2002 Submitted By: JEG Associates By:Joseph E. Gray Principle Dated this 12th day of August~2002 Schematic Designs JEG Associates P_..q I Revised July 8, 2002 MEMORANDUM OF UNDERSTANDING Whereas, the City of Boynton Beach (the City) has experienced economic disinvestment, deteriorating housing stock, reduced employment opportunities, spot blight, vacant properties and reduced homeownership and is in need of improvement and revitalization in its Cherry Hills neighborhood; and Whereas, the City of Boynton Beach through its Community Improvement Department, Boynton Beach Faith Based Community Development Corporation (BBFBCDC), Local Initiatives Support Corporation (LISC), and other local lenders to be determined (the Partners) are separate entities that are stakeholders in the City and have a vested interest in redevelopment, with each bringing unique assets to a redevelopment effort; and Whereas, the "Partners" desire to carry out certain community development activities in the City; and Whereas, the goals of those community development activities are to enable the residents to restore the Cherry Hills neighborhood through comprehensive housing, economic and social development strategies; and Whereas, the Partners desire to form and participate in a joint venture for the development of a neighborhood restoration program to be recognized as the Poinciana Heights Initiative (the Program) as set forth herein: Now therefore, the members hereby agree to the following: The primary goals of the joint venture relationship, are to: · Revitalize blighted communities and neighborhoods, especially the Cherry Hills geographic boundaries. Refer to Exhibit "B" for Target Area map. · Create oppommities for mixed income housing in the designated target areas through the provision of subsidies for individuals' and families earning up to 120% of area median income as determined annually by HUD. · Provide decent, safe and affordable housing for households having incomes of 80% or less of the area median income. · Provide opportunities for local contractors and non-profits to participate in the redevelopment effort. · Develop a partnership that will leverage and maximize the existing human and financial resources and energies of all oft he Partners for the benefit of the City. · Provide a comprehensive and coordinated approach to the delivery of housing and economic development within the target areas. I Revised July 8, 2002 Further, parties also agree as follows: 1. Aereement to Form Joint Venture: The Partners hereby agree to the creation of this joint venture which is to be memorialized through the approval and signing of this memorandum of understanding. 2. Purpose and Scope of Joint Venture: The Joint Venture shall be formed for the sole purpose of acquiring, designing, entitling, developing, operating, selling, and leasing property or otherwise dealing with the Program as set forth in the Development Plan for the Program, attached thereto. The Development Plan shall include but not be limited to obtaining permits and approvals required by law, entering into development agreements with other entities, coordinating activities with other groups and performing all other actions necessary to develop all or portions of the target area. Refer to Exhibit "A" for Development Plan. 3. Purpose of Memorandum of Understandiny: The purpose of this document is to outline the division of responsibilities and the scope of the relationship between the parties. 4. Oblieations of Parmers' The roles and responsibilities of the Panners for various aspects of the Program shall be, but are not limited to, the following: Primary Responsibility (1) Secondary Responsibility (2) Shared Responsibility (1:1) Land assembly, appraisals, surveys, environmental zoning, use of eminent domain powers, clear title reviews, City of Boynton Beach (BB) (1)/ Comm. Redev. Agency (CRA) (1) Palm Beach County Housing Authority (PBCHA) PBCHA (1) Prepare Demolition and Disposition Application for Public housing Units for HUD Approval Coordinate and fund infrastructure improvements Initiate and secure acquisition and predevelopment funding ' Facilitate and manage any property demolition contracts Conduct market feasibility study Provide technical and project development assistance Formulate preliminary site plan, budgets and development plan City of BB/CRA (1) City/CRA (1), LISC (1), Other Lenders (1) PB CHCD (1), City o f B B/CRA (1) City of BB/CRA (1) LISC (1) City of BB/CRA(1 ), LIS C(2) City of BB/CRA (1),BBFBCDC (1), PBCHA (2) PBCHA (1) Develop and implement tenant and owner relocation plan Provide Section 8 Subsidy for Relocation Identify, educate and counsel prospective homebuyers BBFI3CDC (1) Conduct neighborhood design and m~ster plan process City ofBB/CRA (1),BBFBCDC (2) Ongoing involvement in community Organizing and outreach Conduct preliminary loan and subsidy packa~ng Initiate and develop all necessary markets and networks for )otential homebuyers. [ Create and Administer Section 8 Homeownership Program for BBFBCDC (1) BBFBCDC (1) BBFBCDC(1), PBCHA (2) PBCHA (1), BBFBCDC(2) 2 zq3 Revised July 8, 2002 residents Relocate any displaced households Manage RFP and qualification process for builders and others Process subsidies and income certifications Coordinate financing including all debt and equity Provide subsidy financing Provide construction financing Provide pe.nanent financing Process pe.aits and fee waivers, etc Manage comh-uction of housing Manage any models homes Develop residem associations / community organizing Do final walk through and post closing counseling Initiate and conduct community security programs City/CRA(1),BBFBCDC(1), PBCHA (2) City of BB/CRA (1), LISC(2) City of BB/CRA (1), PBC HCD (2), PBCHA (2) LISC (1) City of BB/CRA, PBC HCD, PBCHA (2) L[qC (1), other lenders (1) Other lenders (1) City of BB/CRA (1) City ofBB/CRA(1), BBFBCDC (1) BBFBCDC (1) BBFBCDC (1), City of BB (1) BBFBCDC (1) City of BB(1), BBFBCDC(1), PBCHA (2) Policies and Procedures Policies and procedures shall govern the program and the Partners agree to comply with and be bound by all the policies and procedures. See Exhibit "C" for a detailed listing of Policies and Procedures. Termination The Participants agree to cooperate in carrying out the purpose of this agreement. Failure to do so of the parties shall warrant termination of the Memorandum of Understanding provided notification is given in writing within thirty days prior to the effective termination date. We the undersigned, hereby ratify the above: City of Boynton Beach Lender (s) BBFBCDC Local Initiatives Support Corporation Revised July 8, 2002 Date: Exhibit A: Exhibit B: Exhibit C: Exhibit D: Development Plan Target Area Maps Policies and Procedures Manual Budget 4 VII. Unfinished Business: A. Consideration of a Contract and payment fees to Robert Half Agency. Memorandum To: CRA Board of Directors From: Douglas Hutchinson Date: 10/2/02 Re: Review of the Robert Half Agency Contract As per the Board of Directors, Robert Half Agency was contracted and a new contract was sent out. The following cOrrections were made to the new contract: · A thirty day pro rata guarantee was taken out · A Pro Rate portion of the fee was taken out · The CRA potion was placed in · The refund will be equal to 1/90th or 1/30th line was taken out The contract is now put before the Board of Directors for payment of the fee of $10,000.00. ROBERT HALF FINANCE & ACCOUNTING Specialized £inancial Recruitment September 16, 2002 Boynton Beach Community Redevelopment Agency 124 East Woolbright Boynton Beach, Florida 33425 ATTN: Doug Hutchinson Dear Doug: This letter is to confirm the terms we discussed in order to hire Susan Vielhauer. As discussed, the fee for hiring Susan by Community Redevelopment Agency will be 25% percent of the agreed annual salary, with the total fee due within 30 days from the Susan's start date of 9/3/02. The fee is calculated at 25% of the agreed salary of $40,000 for a total fee of $10,000. Our standard guarantee will apply, with the option of providing a replacement or a credit, assuming the payment terms have been met. If the full fee is paid within special thirty (30) calendar days after the starting date of employment, a ninety (90) calendar day -r-ma-guarantee will be in effect. '" ~!! 5: in effe_ct. In either case, if the employee's employment terminates for any reason other than reorganization, elimination of position, takeover, or material change in job responsibility within the apphcable guarantee period, we will,~fu~ the fee paid or issue a credit for such amount in the event we provide e equal tc I,'90th 6r .... , -~ _ ....... ,- ..... ~ ___ -,,-~-... If you agree with these terms, please confirm by signing below and returning this document by fax at your earliest convenience. I look forward to a long and rewarding relationship for both our companies. Sincerely, Julie Kirvin Division Director Accepted: Robert Half International Company !2 ' · LalrevtewAvanue, 6th Floor, WestPalm Be~ch, FL ~1.366.$105 Fax:561.366.8172 roberthalffinance, com e-mail:west, palm. beach~roberthalffinance, com B. Re-Consideration of Payoff of CRA Loan at Bank of America and Direction to Seek proposals to establish a line of credit. Memo To: The Board of Directors From: Susan Vielhauer Subject: August 24 minutes for paying off $3 million loan Date: 10/02/2002 As per the direction of the CRA Board, we investigated the cost if any to pay off the $3 million dollar Bank of America note. According to the documentation recently supplied by Diane Reese Financial Director of the City of Boynton Beach, there is an interest penalty for early payoff which is based on the difference between the note's interest rate and the market interest rate at time of payoff. If the market interest note at payoff is less than the note interest rate the CRA pays a penalty. The penalty is the lost interest income that the bank could have made for the remaining life of the note. The loan was taken out at 6.75% and because interest rates are at a 6 years Iow, the interest penalty will be $525,000.00 or approximately 2 ¼ years of interest ($190,806.67 per year). I have attached a copy of the loan and amortization schedule for you review. In light of this analysis, it may be wise to not pay the loan off as our five year forecast projected the need for the funds to be used at the end of the third year. Staff would suggest that because of the sizable penalty, the CRA not pay off the note and to safety maximize investment incomes from loan balances. Staff would propose to develop a financial strategy and bring to the Board of Directors for consideration. Staff is seeking board direction on the note payoff and establishment of a $3,000,000 line of credit Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 10, 2002 B. Adoption of Agenda The Agenda was filed, as amended. IV. Consent Agenda A. Approval of Minutes - August 13, 2002 CRA Regular Board Meeting and August 24, 2002 Workshop Chairman Finkelstein requested that the August 24, 2002 minutes, in the first paragraph on Page 3 that stated "Chair Finkelstein favored paying off the loan and in year two doing a $3M bond at a cost of $90K" be corrected. Chairman Finkelstein stated that he was in favor of paying off the loan, but was not in favor of doing the bond at a cost of $90K. He requested that the minutes be corrected accordingly. Chairman Finkelstein also requested that the word "waived" on Page 3, under "Expenses" in the fourth line of the first paragraph, be changed to "amended." Motion Vice Chair Heavilin moved to approve the minutes, as amended. Motion seconded by Mr. Aguila and unanimously carried. B. Financial Report for August 2002 Chairman Finkelstein questioned the wording "Total Budgeted Revenue" and suggested that the word "Budgeted" be deleted. Under Beginning Balance it states "August" and should read "year to date." Mr. Hutchinson responded that the total of the Fund is at the bottom of the sheet under Revenue and Expenses at $6,005,936. Mr. Hutchison stated that they would no longer be presenting the Financial Report in this format. Chairman Finkelstein asked what the $1,447 under Printing and Binding for Bayard Advertising Agency, Inc. pertained to. Mr. Hutchinson stated that this was for the RFQ. Chairman Finkelstein questioned why the City would use an ad agency to place an ad. Mr. Hutchinson responded that the City has an ad agency contract that places their ads. Chairman Finkelstein asked about the expense for Anderson & Carr. Mr. Hutchinson reported that this is the pro-ration of expenses between the City and the CRA. 2 cOMMERCIAL REAL ESTATE AMORTIZATION (FIXED PA YMENT): $3,000,000 I, r: AMOUNT: FIXED INTEREST RATE: 6.56% NUMBER OF AMORTIZED PAYMENTS: 30 AMOUNT OF PAYMENT: $ 158,649.14 ~ ~T PRINCIPAL INTEREST PAID REMAINING PAYMENT PAYMENT TO DATE BALANCE THIS PA~ NUMBER =- ~ ~ ............. $ 3,000 00='='--'"'='='=-~.00 N/A Beginning Balance ........ $ 158,649.14 1 $ ~ S ~ S 1-2 $ 13 $ 14 $ 15 $ 16 $ 1~ $ ~8 $ 19 $ 20 $ 21 $ 22 $ 23 $ 24 $ 25 $ 26 $ 27 $ 2e $ 29 $ 30 $ 98,400.00 $ 60,249.14 $ 96,423.83 $ 62,225.31 $ 94,382.84 $ 64,266.30 $ 92,274.90 $ 66,374.23 $ 90,097.83 $ 68,551.31 87,649.35 $ 70,799.79 $ 85,527.11 $ 73,122.03 $ 83,128.71 $ 75,520.43 $ 80,651.64 $ 77,997.50 78,093.32 $ 80,555.82 $ 75,451.09 $ 83,198.05 $ 72,722.20 $ 85,926.94 $" 69,903.79 $ 88,745.35 66,992.94 $ 91,656.19 $ 63,986.62 $ 94,662.52 $ 60,881.69 $ 97,767.45 $ 57,674.92 $ 100,974.22 $ 64,362.96 $ 104,286.17 $ 50,942.38 $ 107,706.76 $ 47,409.60 $ 111,239.54 $ 43,760.94 $ 114,888.20 $ 39,992.61 $ 118,656.53 $ 36,100.67 $ 122,648.47 $ 32,081.08 $ 126,568.06 $ 27,929.65 $ 130,719.49 $ 98,400.00 $ 194,823.83 $ 289,206.67 $ 381,481.57 $ 471,579.40 $ 559,428.74 $ 644,955.86 $ 728,064.57 $ 808,736.21 $ 886,829.53 $ 962,280.62 $ 1,035,002.81 $ 1,104,906.61 $ 1,171,899.55 $ 1,235,886.17 $ 1,296,767.86 $ 1,364,442.78 $ 1,4~8,805.74 $ 1,459,748.12 '$ 1,507,157.72 $ 1,550,918.65 $ 1,590,911.26 $ 1,627,011.93 $ 1,659,093.01 $ 1,687,022.66 $ 23,642.05 $ 135,007.09 $ 1,710,664.71 19,213.82 $ 139,435.32 $ '1,729,878.53 14,640.34 $ 144,008.80 $ 1,744,518.87 9,916.85 $ 148,732.29 $ 1,764,435.72 5,038.43 $ 153,610.71 $ 1,759,474.15 2,939,750.86 2,877,525.55 $ 158,649.14 $ 317,298.28 2,813,259.25 $ 158,649.14 2,746,885.02 $ 158,649.14 $ 317,298.28 2,678,333.71 $ 158,649.14 2,607,533.91 $ 158,649.14 $ 317,298.28 2,534,411.89 $ 158,649.14 2,458,891.46 $ 158,649.14 $ 317,298.28 2,380,893.96 $ 158,649.14 2,300,338.15 $ 158,649.14 $ 317,298.28 2,217,140.10 $ 158,649.14 2,131,213.16 $ 158,649.14 $ 317,298.28 2,042,467.81 $ 158,649.14 1,950,811.61 $ 158,649.14 $ 317,298.28 1,856,149.10 $ 158,649.14 1,758,381.65 $ 158,649.14 $ 317,298.28 1,657,407.43 $ 158,649.14 1,553,121.25 $ 158,649.14 $ 317,298.28 1,445,414.49 $ 158,649.14 1,334,174.95 $ 158,649.14 $ 317,298.28 1,219,286.75 $ 158,649.14 1,100,630.22 $ 158,649.14 $ 317,298.28 978,081.75 $ 158,649.14 851,5~3.69 $ 158,649.14 $ 317,298.28 720,794.20 $ 158,649.14 585,787.12 $ 158,649.14 $ 317,298.28 446,351.79 $ 158,649.14 302,343.00 $ 158~49.14 $ 317,298.28 153,610.71 $ 158,649.14 (0.00) $ 158,649.14 $ 317,298.28 $3,000,000 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PROMISSORY NOTE, SERIES 2001 DISCLOSURE STATEMENT OF, BANK OF AMERICA, N.A.. September 20, 2001 Boynton Beach Community Redevelopment Agency Ladies and Gentlemen: Pursuant to the provisions of Section 218.385, Florida Statutes, as amen&d, the Original Purchaser is providing the following information with respect to the arrangements made for the purchase of the above referenced Note. We represent to you as follows: (a) The nature and estimated amounts of expenses to be incurred by the Original Purchaser in connection with the issuance and sale of the Note is $0. (b) There were no "finders," as defined in Section 218.386, Florida Statutes, as amended, in connection with the issuance of the Note. (c) A discount or fee is expected to be realized by the Original Purchaser in the amount of $1,500.00. (d) (e) No management fee will be charged by the Original Purchaser. No fee, bonus or other compensation will be paid by the Original Purchaser in connection with the issuance of the Note to any person not regularly employed or retained by the Original Purchaser. (f) The name and address of the Original Purchaser is: (g) Bank of America, N.A. 9000 Southside Boulevard Bldg. 100 Jacksonville, Florida 32256 The Agency is proposing to issue $3,000,000 of debt on a revolving basis for the purpose of financing community redevelopment projects. This debt is expected to be repaid over a period of approximately 15 years. At an interest rate of 6.56% per annum, total interest paid over the life of the debt will be approximately $1,759,474.15. The source of repayment or security for the Note is tax increment revenues of the Agency. Authorizing this debt could result in an average of $317,298.27 of revenues of the Agency not being available for other uses by the Agency each year for 15 years. Very truly yours, BANK 0F AMERICA, N.A. Authorized Officer 2 September 20, 2001 $3,000,000.00 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PROMISSORY NOTE KNOW ALL MEN BY THESE PRESENTS that the Boynton Beach Community Redevelopment Agency (the "Issuer"), a public body corporate and politic created and existing pursuant to the Constitution and the laws of the State of Florida, for value received, promises to pay from the sources hereinafter provided, to the order of Bank of America, N.A. or registered assigns together with interest on the principal (hereinafter, the' Owner ), the pnnmpal sum of $3,000,000.00, of 360 days for the balance outstanding at the rate per annum of 6.56% per annumbased upona year actual number of days elapsed. Principal of and interest on this Note are payable in lawful money of the United States of America at such place as the Owner may designate to the Issuer in writing. The principal of and interest on this Note shall be payable in thirty equal installments of $158,649.14 each, due and payable on the 20th day of each March and September, commencing March 20, 2002, until all unpaid principal hereon shall have been paid in full. The entire unpaid principal balance, together with all accrued and unpaid interest hereon, shall be unconditionally due and payable in full on September 20, 2016 (the "Maturity Date"). If any date for the payment of principal and interest hereon shall fall on a day which is not a Business Day (as defined in the Loan Agreement (hereinafter defined)) the payment due on such date shall be due on the next succeeding day which is a Business Day, but the Issuer shall not receive credit for the payment until it is actually received by the Owner. All payments by the Issuer pursuant to this Note shall apply first to accrued interest, then to other charges due the Owner, and the balance thereof shall apply to principal. The principal of and interest on this Note may be prepaid at the option of the Issuer in whole, or in part, at any time. Prepayments of principal shall be applied to the scheduled installments of principal hereon in inverse order of maturity. If there is a prepayment of any principal, whether at the option of the Issuer or because of acceleration, the prepayment shall be accompanied by the amount of accrued interest on the amount prepaid, and a prepayment fee. The prepayment fee shall be in an amount sufficient to compensate the Owner for any loss, cost or expense incurred by it as a result of the prepayment,, including any loss of anticipated.p.rofits and any loss or expense arising from the liquidation or re-employment of funds obtained by it to maintain the credit or from fees payable to terminate the deposits from which such funds were obtained. The Issuer shall also pay any customary administrative fees charged by the Owner in connection with the foregoing. For purposes of this paragraph, the Owner shall be deemed to have funded the loan evidenced by this Note by a matching deposit or other borrowing in the applicable interbank market, whether or not the lban was in fact so funded. Upon the occurrence of an Event of Default (as defined in the hereinafter defined Loan Agreement) the Owner may declare the entire debt then remaining unpaid hereunder immediately due and payable; and in any such default and acceleration, the Issuer shall also be obligated to pay (but only from the Pledged Revenues) as part of the indebtedness evidenced by this Note, all costs of collection and enforcement hereof, including such reasonable attorneys' fees as may be incurred on appeal or incurred in any proceeding under bankruptcy laws as they now or hereafter exist, including specifically b~ without limitation, claims, disputes, and proceedings seeking adequate protection or relief from the automatic stay. If any payment hereunder is not made within ten days after it is due, then the Issuer shall also be obligated to pay as part of the indebtedness evidenced by this Note a late payment fee in the amount of 5% of the delinquent payment, which late payment fee shall be due and payable immediately. Upon the occurrence of and during the continuation of an Event of Default, the interest rate~ on this Note shall be increased to the lesser of 18% per annum or the maximum rate permitted by law. The Issuer to the extent permitted by law hereby waives presentment, demand, protect and notice of dishonor. THIS NOTE AND THE INTEREST HEREON CONSTITUTES A LIMITED INDEBTEDNESS OF THE ISSUER. THE PRINCIPAL OF AND INTEREST ON THIS NOTE AND ALL OTHER AMOUNTS PAYABLE BY THE ISSUER HEREUNDER ARE PAYABLE SOLELY FROM CERTAIN PLEDGED REVENUES IN THE MANNER DESCRIBED IN THE LOAN AGREEMENT.' This Note is issued pursuant to a Resolution duly adopted by the Issuer on September 11, 2001, as from time to time amended and supplemented (herein referred to as the "Resolution") and a Loan Agreement, dated of even date herewith, between the Issuer and the Owner (the "Loan Agreement"), and is subject to all the terms and conditions of the Resolution and Loan Agreement. All terms, conditions and provisions of the Resolution and Loan Agreement are by this reference thereto incorporated herein as a part of this Note. Terms used herein in capitalized form and not otherwise defined herein shall have the meanings ascribed thereto in the ResolutiOn and Loan Agreement. This ~Note may be exchanged or transferred by the Owner hereof but only upon the registration books maintained by the Issuer and in the manner provided in the Loan Agreement. It is hereby certified, recited and declared that all acts, conditions and prerequisites required to exist, happen and be performed precedent to and in the execution, delivery and the issuance of this Note do exist, have happened and have been perfOrmed in due time, form and manner as required by law, and that the issuance of this Note is in full compliance with and does not exceed or violate any constitutional or statutory limitation. 2 IN WITNESS WHEREOF, Boynton Beach Community Redevelopment Agency has caused this Note to be executed in its name by the manual signature of its Chairman this 20th day of September, 2001. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Chmrman MOYLE, FLANIGAN, KATZ, RAYMOND & SHEEHAN, P.A. ATTORNEYS AT LAW 625 North Flagler Drive - 9'~ Floor West Palm Beach, Florida 33401-4025 P.O. Box 3888 West Palm Beach, Florida 33402-3888 MAZ~K E. RAWV[Ot~D Direct Line: (561) 822-0380 E-mail: mraymond(~moylelaw, com Telephone: (561) 659-7500 Facsimile: (561) 659-1789 October 5, 2001 Tallahassee Office (850) 681-3828 Quintus Greene Vanessa Civalero Jim Cherof Vance Berry Diane Reese Re: Bank of America Loan to Boynton Beach Community Redevelopment Agency Ladies and Gentlemen: Enclosed for each of you is one spiral bound transcript of proceedings relative to the recent loan. It was a pleasure working with each of you and I look forward to our next transaction together. Enc. Very truly yours, Mark E. Raymond G:~O134~32M0.$-01 Sl~al traa~.w~ TRANSCRIPT OF PROCEEDINGS $3,000,000 BOYNTON BEACH'COMMUNITY REDEVELOPMENT AGENCY PROMISSORY NOTE, SERIES 2001 TIME AND PLACE OF CLOSING The closing was held on September 20, 2001 (the "Closing Date"). Although certain of the below-described Closing Documents were executed and/or filed in advance of the Closing Date, no Closing Document was deemed to have been delivered until all Closing Documents were delivered. 4. 5. 6. 8. 9. 10. 11. 12. 13. Transcripts. 2- 2- 1- 1- 1- 1- LIST OF CLOSING DOCUMENTS Certified copy of Resolution No. 01-01 of the Issuer. Certified copy of Resolution No. 01-261 of the City Commission of the City of Boynton Beach, Florida. Loan Agreement. Guaranty of CRA Note. General Certificate of the Issuer. General Certificate of the City. Notice of Sale sent to Division of Bond Finance. Receipt for Note. State of Florida Division of Bond Finance Forms BF-2003/2004-B and Letter of Transmittal. Certificate of Bank. Opinion of Counsel to the Issuer. Copy of Note. Funding Instruction Letter. Eight (8) complete transcripts are to be prepared for distribution as follows: Boynton Beach Community Redevelopment Agency Bank of America, N.A. Moyle, Flanigan, Katz, Raymond & Sheehan, P.A. Goren, Cherof, Doody & Ezrol, P.A. Vance Berry, Esq. City of Boynton Beach CERTIFICATE OF TRUE COPY I, the undersigned Executive Director of Boynton Beach Community Redevelopment Agency DO HEREBY CERTIFY that attached hereto is a tree and correct copy of Resolution No. 01-01 duly adopted by the Board of Commissioners of the Agency on September 11, 2001 and that such Resolution remains in force and has not been amended. 2001. IN WITNESS WHEREO~ I have hereunto set my hand as of the 20th day of Sepmmbeh Execu~Y RESOLUTION NO. 01-01 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE BOYNTON BEACH CO1VIg/IUNITY REDEVELOPMENT AGENCY AUTHORIZING THE ISSUANCE OF A NOTE OF THE AGENCY IN THE PRINCIPAL AMOUNT OF $3,000,000 TO FINANCE THE COST OF VARIOUS COMMUNITY REDEVELOPMENT PROJECTS; PROVIDING THAT SUCH NOTE SHALL BE A LIMITED OBLIGATION OF THE AGENCY PAYABLE FROM TAX INCREMENT REVENUES AND CERTAIN OTHER FUNDS AS FURTHER PROVIDED HEREIN; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION 'AND DELIVERY OF A LOAN AGREEMENT WITH BANK OF AMERICA, N.A.; PROVIDING FOR THE RIGHTS, SECURITIES AND REMEDIES FOR THE OWNER OF SUCH NOTE; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY: Section 1: Authority for this Resolution. This Resolution is adopted pursuant to the provisions of Part III, Chapter 163, Florida Statutes and other applicable provisions of law. Section 2: Definitions. Words and phrases used herein in capitalized form and not otherwise defined herein shall have the meanings ascribed thereto in the Loan Agreement attached hereto as Exhibit A. Section 3: Resolution to Constitute a Contract. In consideration of the purchase and acceptance of the Note authorized to be issued hereunder by those who shall be the Owners thereof from time to time, this Resolution shall constitute a contract between the Issuer and the Owners. Section 4: ,4uthorization of Note. Subject and pursuant to the provisions of this Resolution, an obligation of the Issuer is hereby authorized to be issued under and secured by this Resolution, in the principal amount of $3,000,000, for the purpose of providing funds to pay the Costs of the Project and paying the costs of issuing the Note. Because of the characteristics of the Note, prevailing market conditions, and additional savings to be realized from an expeditious sale of the Note, it is in the best interest of the Issuer to accept the offer of the Original Purchaser to purchase the Note at a private negotiated sale. Prior to the issuance of the Note the Issuer shall receive from the Original Purchaser the disclosure statement containing the information required by Section 218.385, Florida Statutes. Section 5: Description of Note. The Note shall be dated the date of its execution and delivery, which shall be a date agreed upon by the Issuer and the Original Purchaser, and shall have such other terms and provisions, including the interest rate and maturity date, as stated in the form of Note attached to the Loan Agreement as Exhibit A. The Note is to be in substantially the form set forth on Exhibit A to the Loan Agreement, together with such changes as shall be approved by the Chairman or Vice-Chairman, such approval to be conclusively evidenced by the execution thereof by the Chairman or Vice-Chairman. The Note shall be executed on behalf of the Issuer with the manual signature of the Chairman or Vice-Chairman, and the Chairman or Vice-Chairman is hereby authorized to execute the Note on behalf of the Issuer. Section 6: Approval o£Form of Loan Agreement. The Loan Agreement, in substantially the form attached hereto as Exhibit A, is hereby approved. The Issuer hereby authorizes the Chairman or Vice-Chairman to execute and deliver on behalf of the Issuer the Loan Agreement, with such changes, insertions and additions as the Chairman or Vice-Chairman may approve, the execution thereof being conclusive evidence of such approval. Section 7: Amendment. This Resolution shall not be modified or amended in any respect subsequent to the issuance of the Note except with the written consent of the Owner of the Note. Section 8: Limitation of Rights. W-~th the exception of any rights herein expressly conferred, nothing expressed or mentioned in or to be implied from this Resolution or the Note is intended or shall be construed to give to any Person other than the Issuer and the Owner any legal or equitable right, remedy or claim under or with respect to this Resolution or any covenants, conditions and provisions herein contained; this Resolution and all of the covenants, conditions and provisions hereof being intended to be and being for the sole and exclusive benefit of the Issuer and the Owner. Section 9: Severability. If any provision of this Resolution shall be held or deemed to be or shall, in fact, be illegal, inoperative or unenforceable in any context, the same shall not affect any other provision herein or render any other provision (or such provision in any other context) invalid, inoperative or unenforceable to any extent whatever. Section 10: Applicable Provisions of Law. This Resolution shall be governed by and construed in accordance with the laws of the State. Section 11: Rules of Interpretation. Unless expressly indicated otherwise, references to sections or articles are to be construed as references to sections or articles of this instrument as originally executed. Use of the words "herein," "hereby," "hereunder," "hereof," "hereinbefore," "hereinafter" and other equivalent words refer to this Resolution and not solely to the particular portion in which any such word is used. Section 12: Captions. The captions and headings in this Resolution are for convenience only and in no way define, limit or describe the scope or intent of any provisions or sections of this Resolution. Section 13: Authorizations. The Chairman or Vice-Chairman and any member of the Board of Commissioners and such other officials and employees of the Issuer as may be designated by the Issuer are each designated as agents of the Issuer in connection with the issuance and delivery of the Note and are authorized and empowered, collectively or individually, to take all action and steps and 2 to execute all instruments, documents, and contracts on behalf of the Issuer that are necessary or desirable in connection with the execution and delivery of the Note, and which axe specifically authorized or are not inconsistent with the terms and provisions of this Resolution. Section 14: .Repealer. All resolutions or parts thereof in conflict herewith are hereby repealed. Section 15: Effective Date. This Resolution shall be in full force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED this 1 lth day of September, 2001. BOYNTON BEACH COMMUNITY REDEVEL~-NT AGENCY Name: Lan'y Finkelstein Title: Chairman 3 EXHIBIT A LOAN AGREElVIENT This LOAN AGREEMENT (the "Agreement") is made and entered into as of September 20, 2001, by and between Boynton Beach Community Redevelopment Agency, a public body corporate and politic of the State of Florida, and its successors and assigns (the "Issuer"), and Bank of America, N.A., a national banking association, and its successors and assigns as holder(s) of the hereinafter defined Note (the "Bank"). WHEREAS, the Board of Commissioners of the Issuer did, on September 11, 2001, adopt Resolution No. 01-~ (the '2qote Resolution") authorizing, among other things the borrowing by the Issuer of the principal amount of $3,000,000, to be evidenced by a promissory note (the '2qote") for the purpose of financing certain of the Costs of the Project (as hereinafter defined); and WHEREAS, the Bank is willing to enter into this Agreement with the Issuer to provide the financing for the Costs of the Project; and WHEREAS, the Issuer hereby determines that it is desirable and in the best interest of the Issuer to enter into this Agreement whereby the Issuer will borrow funds from the Bank for the purpose of financing the Costs of the Project (the "Loan") and to evidence the repayment of such Loan by the issuance and delivery of the Note to the Bank in the aggregate principal amount of the Loan; and WHEREAS, the Note shall be issued pursuant to the termq and provisions of the Note Resolution and this Agreement; and WHEREAS, the execution and delivery of this Agreement have been duly authorized by the Note Resolution. NOW, THEREFORE, the parties hereto, intending to be legally bound hereby and in consideration of the mutual covenants hereinafter contained, DO HEREBY AGREE as follows: ARTICLE I DEFINITION OF TERMS Section 1.01 Definitions. The words and terms used in this Agreement shall have the meanings as set forth in the recitals above and the following words and terms as used in this Agreement shall have the following meanings: "Act" means Part H, Chapter 163, Florida Statutes and other applicable provisions of law. "Agreement" shall mean this Loan Agreement and any and all modifications, alterations, amendments and supplements hereto made in accordance with the provisions hereof. "Business Day" means any day except any Saturday or Sunday or day on which the Principal Office of the Bank is lawfully closed. "City Commission" shall mean the duly constituting governing body of the City of Boynton Beach, Florida. "Community Redevelopment Area" shall mean the area described in the Community Redevelopment Plan, which is the area in which the Issuer is authorized under the Act to undertake community redevelopment projects. "Community Redevelopment Plan" shall mean the Issuer's Community Redevelopment Plan, under Section 163.360, Florida Statutes, as in effect from time to time. Nothing in this Loan Agreement or the Loan Documents shall be construed to prevent the Issuer from amending or modifying in any respect its Community Redevelopment Plan at any time. "Cost" or "Costs" means, with respect to the Project, any obligation or expense incurred by the Issuer to the extent permitted by the Act. "Event of Default" shall mean an event of default specified in Article VI of this Agreement. "Guaranty" means the Guaranty of CRA Note dated of even date herewith, made by the Guarantor. "Guarantor" means City of Boynton Beach, Florida. "Issuer" means Boynton Beach Community Redevelopment Agency, a public body corporate and politic of the State. "Loan" shall mean the outstanding principal amount of the Note issued hereunder. "Loan Documents" means this Agreement, the Note Resolution, the Guaranty and the Note. "Maturity Date" shall mean September 20, 2016. "Note" means the Note of the Issuer described in Section 5.03 hereof. "Noteholder" shall mean the Bank as the holder of the Note, or any other registered holder of the Note. "Original Purchaser" means Bank of America, N.A. "Owner" or "Owners" means the Person or Persons in whose name the Note shall be registered on the books of the Issuer kept for that purpose in accordance with provisions of this Agreement. "Person" means natural persons, firms, trusts, estates, associations, corporations, partnerships and public bodies. 2 "Pledged Revenues" means all moneys derived from the Tax Increment Revenues and investment earnings thereon and the proceeds or income received by the Issuer fi.om the sale or other disposition of property acquired by the Issuer with proceeds of the Note. "Principal Office" means, with respect to the Original Purchaser, the office located at 625 North Flagler Drive, 10th Floor, West Palm Beach, Florida 33401, or such other office as the Original Purchaser may designate to the Issuer in writing. "Project" means any community redevelopment activity of the Issuer authorized pursuant to the Act. "Redevelopment Trust Fund" means the Redevelopment Trust Fund created and established by the Issuer pursuant to Section 163.387, Florida Statutes. "State" means the State of Florida. "Tax Increment Revenue" means the increment and income, proceeds, revenues and funds of the Issuer, as calculated annually pursuant to Section 163.387, Florida Statutes, and which are required to be paid into the Redevelopment Trust Fund thereby. Section 1.02 Interpretation. Unless the context clearly requires otherwise, words of masculine gender shall be consmaed to include correlative words of the feminine and neuter genders and vice versa, and words of the singular number shall be construed to include correlative words of the plural number and vice versa. This Agreement and all the terms and provisions hereof shall be consumed to effectuate the purposes set forth herein and to sustain the validity hereof. Section 1.03 Titles and Headings. The titles and headings of the articles and sections of this Agreement have been inserted for convenience of reference only and are not to be considered a part hereof, shall not in any way modify or restrict any of the terms and provisions hereof, and shall not be considered or given any effect in construing this Agreement or any provision hereof or in ascertaining intent, if any question of intent should arise. 'ARTICLE II REPRESENTATIONS OF ISSUER The Issuer represents and warrants to the Bank that: Section 2.01 Powers of Issuer. The Issuer is a political subdivision duly organized and validly existing as a community redevelopment agency under the laws of the State. The Issuer has the power to borrow the amount provided for in this Agreement, to execute and deliver the Loan Documents, to secure the Note in the manner contemplated hereby and to perform and observe all the terms and conditions of the Note and this Agreement on its pan to be performed and observed. The Issuer is or will be within the time required by law empowered to commence and prosecute the Project and the Issuer may lawfully issue the Note in order to finance the Costs of the Project. 3 Section 2.02 Authorization of Loan. The Issuer has had or will have, as the case may be, full legal right, power, and authority to adopt the Note Resolution and to execute and deliver this Agreement, to issue, sell, and deliver the Note to the Bank, and to carry out and consummate all other transactions contemplated hereby, and the Issuer has complied and will comply with all provisions of applicable law in all material matters relating to such transactions. The Issuer, by the Note Resolution, has duly authorized the borrowing of the mount provided for in this Agreement, the execution and delivery of this Agreement, and the making and delivery of the Note to the Bank provided for in this Agreement and to that end the Issuer warrants that it will take all action and will do all things which it is authorized by law to take and to do in order to fulfill all covenants on its part to be performed and to provide for and to assure payment of the Note. The Issuer has duly adopted the Note Resolution and authorized the execution, delivery, and performance of the Note and this Agreement and the taking of any and all other such action as may be required on the part of the Issuer to carry out, give effect to and consummate the transactions contemplated by this Agreement. The Note has been duly authorized, executed, issued and delivered to the Bank and constitutes legal, valid and binding obligation of the Issuer enforceable in accordance with its terms and the terms hereof, and is entitled to the benefits and security of the Note Resolution and this Agreement. All approvals, consents, and orders of and filings with any governmental authority or agency which would constitute a condition precedent to the issuance of the Note or the execution and delivery of or the performance by the Issuer of its obligations under this Agreement and the Note have been obtained or made and any consents, approvals, and orders to be received or filings so made are in full force and effect. Section 2.03 Am'eements. The making and performing by the Issuer of this Agreement will not violate any provision of the Act, or any bond or note resolution of the Issuer, or any regulation, order or decree of any court, and will not result in a breach of any of the terms of any agreement or instrument to which the Issuer is a party or by which the Issuer is bound. Section 2.04 ~ There are no actions or proceedings pending against the Issuer or affecting the Issuer or, to the knowledge of the Issuer, threatened, which, either in any case or in the aggregate, might result in any material adverse change in the financial condition of the Issuer, or which questions the validity of this Agreement or the Note or of any action taken or to be taken in connection with the transactions contemplated hereby or thereby. The Issuer is not in default in any material respect under any agreement or other instrument to which it is a party or by Which it may be bound. Section 2.05 Financial Information. The financial information regarding the Issuer furnished to the Bank by the Issuer in connection with the Loan is complete and accurate, and there has been no mater/al and adverse change in the financial condition of the Issuer fi'om'that presented in such information. Th& Issuer will cause an audit to be completed of its books and accounts and shall furnish to the Owner of the Note audited year-end financial statements of the Issuer certified by an independent certified public accountant acceptable to the Owner to the effect that such audit has been conducted in accordance with generally accepted auditing standards and stating whether such financial statements present fairly in all material respects the financial position of the Issuer and the results of its operations and cash flows for the periods covered by the audit report, all in conformity with generally accepted accounting principles applied on a consistent basis. The Issuer shall adopt an annual budget as required by law. The Issuer shall provide the Owner of the Note 4 with (i) a copy of its annual operating budget for each fiscal year ending after September 30, 2000 promptly (but no later than 30 days) after it is adopted, and (ii) its audited financial statements for each fiscal year ending after September 30, 2000 within 30 days after they become available and in any event within 270 days after the end thereof. The Issuer acknowledges and agrees that the Bank's ability to monitor and evaluate the status of the Loan is dependent upon the Issuer's timely providing financial information required herein. In addition to all other rights and remedies the Bank has should the Issuer fail to timely provide the financial information required hereby, including declaring the Loan to be in default, the Bank may charge the Issuer a late fee of not more than $500. The charging and/or payment of the fee is not a waiver of the Issuer's continuing obligation to provide the required financial information. ARTICLE III COVENANTS OF THE ISSUER Section 3.01 Affirmative Covenants. The Issuer covenants, for so long as any of the principal mount of or interest on the Note is outstanding and unpaid or any duty or obligation of the Issuer hereunder or under the Note remains unpaid or unperformed, as follows: (a) Payment. The Issuer shall duly and punctually pay the principal of the Note and the interest thereon at the dates and place and in the manner (and subject to the limitations) provided herein and in the Note according to the true intent and meaning thereof. (b) Use of Proceeds. Proceeds from the Note will be used only for Costs of the Project. (c) Notice of Defaults. The Issuer shall within ten (10) days after it acquires knowledge thereof, notify the Bank in writing upon the happening, occurrence, or existence of any Event of Default, and any event or condition which with the passage of time or giving of notice, or both, would constitute an Event of Default, and shall provide the Bank with such written notice, a detailed statement by a responsible officer of the Issuer of all relevant facts and the action being taken or proposed to be taken by the ISsuer with respect thereto. (d) Maintenance of Existence. The Issuer will take all reasonable legal action within its control in order to maintain its existence until all amounts due and owing from the Issuer to the Bank under the Loan Documents have been paid in full. (e) Records. The Issuer agrees that any and all records of the Issuer with respect to the Project and/or the Loan Documents shall be open to inspection by the Bank or its representatives at all reasonable times at the offices the Issuer. Section 3.02 Negative Covenants. The Issuer covenants, for so long as any of the principal amount of or interest on the Note is outstanding and unpaid or any obligations of the Issuer under any of the Loan Documents remain unpaid or unperformed, that: 5 (a) The Issuer shall not alter, amend or repeal the Note Resolution, or take any action impairing the authority thereby or hereby given with respect to the issuance and payment of the Note, without prior written approval of the Noteholder. (b) The Issuer shall not pledge or encumber the Pledged Revenues except pursuant to or as permitted by this Agreement. (c) The Issuer will not take any action within its control which would impair or adversely affect the right of the Issuer to receive the Tax Increment Revenues or reduce the amount of the Tax Increment Revenues the Issuer is lawfully entitled to receive. Notwithstanding the foregoing, the Issuer's acquisition and ownership of land within the Community Redevelopment Area in furtherance of the Community Redevelopment Plan will not be deemed a violation of the preceding sentence. Section 3.03. Bank Fees and Expenses. The Issuer hereby agrees to pay the fees and expenses of counsel to the Bank in connection with the issuance of the Note in the amount of $2,500.00, said amount to be due and payable upon the issuance of the Note. The Issuer shall pay the Bank a fee in the amount of $1,500.00 upon issuance of the Note. Section 3.04. Miscellaneous Covenants and Representation.q. (a) The Issuer shall not loan money or make advances or other extensions of credit to other persons or entities. (b) The Issuer shall not create or permit any mortgage or lien on any of its assets. (c) The Issuer shall not dispose of any of its assets other than in the ordinary course of business. (d) The Issuer shall promptly inform the Bank of any actual or potential contingent liabilities or pending or threatened litigation of any amount. (e) The Issuer shall maintain such liability, casualty and other insurance as is reasonable and prudent for similarly situated agencies of the State and shall upon the request of the Bank, provide evidence 0fsuch coverage to the'Bank. (f) The Issuer is in compliance with and shall comply with all applicable federal, state and local laws and regulatory recluirements. (g) In the event the Note or this Agreement should be subject to the excise tax on documents or the intangible personal property tax of the State, the Issuer shall pay such taxes or reimburse the Bank for any such taxes paid by it. (h) The Issuer covenants that the amount of the Tax Increment Revenues received by it during each fiscal year.shall equal at least 100% of the amount of principal and interest due on the Note during such fiscal year less any amount of such principal and interest paid from any source other than Tax Increment Revenues. 6 Section 3.05. Automatic Payment Procedure. [Intentionally Deleted.] Section 3.06. Registration and Exchange of Note; Persons Treated as Owners. So long as the Note shall remain unpaid, the Issuer will keep books for the registration and transfer of the Note. The Note shall be transferable only upon such registration books. The Issuer will transfer the registration ora Note upon written request of the Owner specifying the name, address and taxpayer identification number of the transferee. The Person in whose name the Note shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of principal and interest on the Note shall be made only to or upon the written order of the Owner. All such payments shall be valid and effectual to satisfy and discharge the liability upon the Note to the extent of the sum or sums so paid. Section 3.07. Payment of Principal and Interest; Limited Obligation: Additional Indebtedness. The Issuer promises that it will promptly pay the principal of and interest on the Note at the place, on the dates and in the manner provided therein according to the true intent and meaning hereof and thereof, provided that the principal of and interest on the Note is payable solely from the Pledged Revenues, and nothing in the Note or this Loan Agreement shall be construed as pledging any other funds or assets of the Issuer to such payment or as authorizing such payment to be made from any other source. The Issuer is not and shall not be liable for the payment of the principal of and interest on the Note or for the performance of any pledge, obligation or agreement for payment undertaken by the Issuer hereunder or under the Note from any property other than the Pledged Revenues. No Owner of any of the Note shall have any right to resort to legal or equitable action to require or compel the Issuer to make any payment required by the Note or the Loan Agreement from any source other than the Pledged Revenues. In order to secure the payment of the principal of and interest on the Note the Issuer hereby pledges and grants a lien upon the Pledged Revenues to the Owner of the Note. The Issuer shall not issue or incur any indebtedness or obligation if such would materially and adversely affect the ability of the Issuer to pay debt service on the Note. The Issuer may hereafter issue or incur indebtedness payable from the Pledged Revenues on a parity with the Note provided that the amount of Tax Increment Revenues received by the Issuer during the most recently concluded fiscal year or the period of twelve consecutive full calendar months concluded most recently prior to the issuance of such additional debt equal at least 100% of the maximum amount of principal and interest scheduled to beco:'ne due on the Note and such proposed additional debt in the then current or any future fiscal year of the Issuer. For purposes of the foregoing computation, ifa. ny proposed or previously issued additional debt bears a variable rate of interest, then the interest rate shall be assumed to be the lesser of (i) the "cap" rate established in the documentation for such date and (ii) the greater of (x) the "prime rate" of the Original Purchaser as in effect on the date of issuance of such Note or (y) 10% per annum. Section 3.08. Business Days. In any case where the due date of interest on or principal of the Note is not a Business Day, then payment of such principal or interest need not be made on such date but may be made on the next succeeding Business Day, provided that credit for payments made shall not be given until the payment is actually received by the Owner. 7 Section 3.09. Limited Liability of Issuer. It is hereby expressly made a condition of this Loan Agreement and of the Note that any agreements or representations herein or therein contained or contained in the documents and instruments executed in connection therewith do not and shall never constitute or give rise to any personal or pecuniary liability or charge against the general credit of the Issuer and in the event of a breach of any agreement, covenant or representation, no personal or pecuniary liability or charge payable directly or indirectly fi.om any funds of the Issuer other than those pledged hereunder shall arise therefrom. Nothing contained in this Section 3.09, however, shall relieve the Issuer fi.om the observance and performance of the several covenants and agreements on its part herein contained. Section 3.10. Officers and Employees of the Issuer Exempt fi.om Personal Liabilitw. No recourse under or upon any obligation, covenant or agreement of this Loan Agreement or the Note or for any claim based hereon or thereon or otherwise in respect thereof, shall be had against any Commissioner of the Issuer, or any officer, agent or employee, as such, of the Issuer past, present or furore, it being expressly understood (a) that the obligation of the Issuer under this Loan Agreement and under the Note is solely a corporate one, limited as provided in the preceding Section 3.09, Co) that no personal liability whatsoever shall attach to, or is or shall be incurred by, the Commissioners of the Issuer, or the officers, agents, or employees, as such, of the Issuer, or any of them, under or by reason of the obligations, covenants or agreements contained in this Agreement or implied therefrom, and (c) that any and all such personal liability of, and any and all such fights and claims against, every such Commissioner of the Issuer, and every officer, agent, or employee, as such, of the Issuer under or by reason of the obligations, covenants or agreements contained in this Loan Agreement and under the Note, or implied therefrom, are waived and released as a condition of, and as a consideration for, the execution of this Loan Agreement and the issuance of the Note on the part of the Issuer. Section 3.11. Note Mutilated, Destroyed, Stolen or Lost. In case the Note shall become mutilated, or be destroyed, stolen or lost, the Issuer shall issue and deliver a new Note of like tenor as the Note so mutilated, destroyed, stolen or lost, in exchange and in substitution for such mutilated Note, or in lieu of and in substitution for the Note destroyed, stolen or lost and upon the Owner furnishing the Issuer proof of ownership thereof and indemnity reasonably satisfactory to the Issuer and complying with such other reasonable regulations and conditions as the Issuer may prescribe and paying such expenses as the Issuer may incur. The Note so surrendered shall be canceled. Section 3.12. Remedies of Noteholder. Should the Issuer default in any obligation created by this Loan Agreement or the Note, the Owner of the Note may, in addition to any other remedies set forth in this Loan Agreement or the Note, either at law or in equity, by suit, action, mandamus or other proceeding in any court of competent jurisdiction, protect and enforce any and all fights under the laws of the State, or granted or contained in this Loan Agreement, and may enforce and compel the performance of all duties required by this Loan Agreement, or by any applicable statutes to be performed by the Issuer or by any officer thereof. 2 ARTICLE IV CONDITIONS OF LENDING The obligations of the Bank to lend hereunder are subject to the following conditions precedent: Section 4.01 Representations and Warranties. The representations and warranties set forth in the Loan Documents are and shall be true and correct to the best of the Issuer's knowledge on and as of the date hereof. Section 4.02 No Default. On the date hereof the Issuer shall be in compliance with all the terms and provisions set forth in the Loan Documents on its part to be observed or performed, and no Event of Default nor any event that, upon notice or lapse of time or both, would constitute such an Event of Default, shall have occurred and be continuing at such time. Section 4.03 Supporting Documents. On or prior to the date hereof, the Bank shall have received the following supporting documents, all of which shall be satisfactory in form and substance to the Bank (such satisfaction to be evidenced by the purchase of the Note by the Bank): (a) The opinion of the Attorney for the Issuer, regarding the due authorization, execution, delivery, validity and enforceability of this Agreement and the Note and the due adoption of the Note ResolUtion; Co) A certified copy of the Note Resolution; and (c) Such additional supporting documents as the Bank may reasonably request. ARTICLE V THE LOAN; ISSUER'S OBLIGATION; DESCRIPTION AND PAYMENT TERMS Section 5.01 The Loan. The Bank hereby agrees to loan to the Issuer the amount of $3,000,000 to be evidenced by the Note, to provide funds to finance certain of the Costs of the Project upon the terms and conditions set forth in the Note Resolution and in this Agreement. The Issuer agrees to repay .the principal amount borrowed plus interest thereon, upon the terms and conditions set forth in the Loan Documents. Section 5.02 Note Not to be Indebtedness of the Issuer or State. The Note, when delivered by the Issuer pursuant to the terms of this Agreement, shall not be or constitute a general obligation or indebtedness of the Issuer, or the State, or any political subdivision of the State, within the meaning of any Constitutional, statutory or other limitation of indebtedness, but shall be a special obligation payable solely as herein provided. No Noteholder shall ever have the fight to compel the exercise of the ad valorem taxing power, if any, &the Issuer to pay the Note or the interest thereon. 9 None of the Loan Documents create a lien upon any facilities of the Issuer. Any agreements or representations herein or contained in any Loan Document do not and shall never constitute or give rise to any personal or pecuniary liability or charge against the general credit of the Issuer, and in the event of a breach of any agreement, covenant, or representation, no personal or pecuniary liability or charge payable directly or indirectly from any revenues of the Issuer other than the Pledged Revenues shall arise therefrom. Section 5.03 Description and Payment Terms of the Note,. To evidence the Loan, the Issuer shall issue and deliver to the Bank the Note in the form attached hereto as Ex.h/bit A. ARTICLE VI EVENTS OF DEFAULT Section 6.01 General. An "Event of Default" shall be deemed to have occurred under this Agreement if: (a) The Issuer shall fail to make any payment of the principal of or interest on the Loan when the same shall become due and payable, whether by maturity, by acceleration at the discretion of the Bank as provided for in Section 6.02, or otherwise; or Co) The Issuer or the Guarantor shall default in the performance of or compliance with any term or covenant contained in the Loan Documents, other than a term or covenant a default in the performance of which or noncompliance with which is elsewhere specifically dealt with, which default or non-compliance shall continue and not be cured within thirty (30) days after (i) notice thereof to the Issuer and the Guarantor by the Bank; or (ii) the Bank is notified of such noncompliance or should have been so notified pursuant to the provisions of Section 3.01 (c) of this Agreement, whichever is earlier; or (c) Any representation or warranty made in writing by or on behalf of the Issuer or the Guarantor in any Loan Document shall prove to have been false or incorrect in any material respect on the date made or reaffirmed; or (d) The Issuer or the Guarantor admits in writing its inability to pay its debts generally as they become due or files a petition in bankruptcy or makes an assignment for the benefit of its creditors or consents to the appointment of a receiver or trustee for itself; or (e) The Issuei' or the Guarantor is adjudged insolvent by a court of competent jurisdiction, or it is adjudged a bankrupt on a petition in bankruptcy filed by or against the Issuer, or'~n order, judgment or decree is entered by any court of competent jurisdiction appointing, without the consent of the Issuer, a receiver or trustee of the Issuer or of the whole or any part of its property, and if the aforesaid adjudications, orders, judgments or decrees shall not be vacated or set aside or stayed within ninety (90) days from the date of entry thereof; or 10 (f) The Issuer or the Guarantor shall file a petition or answer seeking reorganization or any arrangement under the federal bankruptcy laws or any other applicable law or statute of the United States of America or the State; or (g) The Issuer or the Guarantor shall default in the due and punctual payment or performance of covenants under any obligation for the payment of money to the Bank or any other subsidiary or affiliate of Bank of America Corporation; or (h) A judgment or order shall be rendered against the Issuer or the Guarantor for the payment of money in excess of $500,000 and such judgment or order shall continue unsatisfied or unstayed for a period of more than 30 days. Section 6.02 Effect of Event of Default. Except as otherwise provided in the Note, immediately and without notice, upon the occurrence of any Event of Default, the Bank may declare all obligations of the Issuer under the Loan Documents to be immediately due and payable without further action of any kind and upon such declaration the Note and the interest accrued thereon shall become immediately due and payable. In addition, and regardless whether such declaration is or is not made, the Bank may also seek enforcement of and exercise all remedies available to it under any applicable law. ARTICLE VII MISCELLANEOUS Section 7.01 No Waiver: Cumulative Remedie_q. No failure or delay on the part of the Bank in exercising any right, power, remedy hereunder or under the Note shall operate as a waiver of the Bank's rights, powers and remedies hereunder, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof, or the exercise of any other right, power or remedy hereunder or thereunder. The remedies herein and therein provided are cumulative and not exclusive of any remedies provided by law or in equity. Section 7.02 Amendments, Changes or Modifications to the, Agreement. This Agreement shall not be amended, changed or modified without the prior written consent of the Noteholders and the Issuer. The Issuer agrees to pay all of the Bank's costs and reasonable attorneys' fees incurred in modifying and/or amending this Agreement at the Issuer's request or behest. Section 7.03 Counterparts. This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original; but such counterparts shall together constitute but one and the same Agreement, and, in making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart. Section 7.04 Severabili _ty. If any clause, provision or section of this Agreement shall be held illegal or invalid by any court, the invalidity of such clause, provision or section shall not affect any other provisions or sections hereof, and this Agreement shall be construed and enforced to the 11 end that the transactions contemplated hereby be effected and the obligations contemplated hereby be enforced, as if such illegal or invalid clause, provision or section had not been contained herein. Section 7.05 Term of Agreement. Except as otherwise specified in this Agreement, this Agreement and all representations, warranties, covenants and agreements contained herein or made in writing by the Issuer in connection herewith shall be in full force and effect from the date hereof and shall continue in effect until as long as the Note is outstanding. Section~7.06 Notices. All notices, requests, demands and other communications which arc required or may be given under this Agreement shall be in writing and shall be deemed to have been duly given when received if personally delivered; when transmitted if transmitted by telecopy, electronic telephone line facsimile transmission or other similar electronic or digital transmission method (provided customary evidence of receipt is obtained); the day after it is sent, if sent by overnight common cartier service; and five days after it is sent, if mailed, certified mall, return receipt requested, postage prepaid. In each case notice shall be sent to: If to the Issuer: Boynton Beach Community Redevelopment Agency 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 If t,o the Bank: Bank of America~ N.A. 9000 Southside Boulevard Bldg. 100 Jacksonville, FL 32256 or to such other address as either party may have specified in writing to the other using the procedures specified above in this Section 7.06. Section 7.07 ~. This Agreement shall be construed pursuant to and governed by the substantive laws of the State. Section 7.08 Binding Effect; Assi~Tmaent This Agreement shall be binding upon and inure to the benefit of the successors in interest and permitted assigns of the parties. The Issuer shall have no rights to assign any of their rights or obligations hereunder without the prior written consent of the Bank. Section 7.09 No Third Party Beneficiaries. It is the intent and agreement of the parties hereto that this Agreement is solely for the benefit of the parties hereto and no person not a party hereto shall have any rights or privileges hereunder. Section 7.10 Attorneys Fees. To the extent legally permissible, the Issuer and the Bank agree that in any suit, action or proceeding brought in connection with this .Agreement, the Note, or the Note Resolution (including any appeal(s)), the prevailing party shall be entitled to recover costs and attorneys' fees from the other party. 12 Section 7.11 Entire A~reement. Except as otherwise expressly provided, this Agreement and the other Loan Documents embody the entire agreement and understanding between the parties hereto and supersede all prior agreements and understandings relating to the subject matter hereof. Section 7.12 Further Assurances. The parties to this Agreement will execute and deliver, or cause to be executed and delivered, such additional or further documents, agreements or instruments and shall cooperate with one another in all respects for the purpose of out the transactions contemplated by this Agreement. Section 7.13 Arbitration and Waiver of Jury Trial. This Section 7.13 concerns the resolution of any controversies or claims between the Issuer and the Bank, whether arising in contract, tort or by statute, that arise out of or relate to: (i) this Agreement (including any renewals, extensions or modifications); or (ii) any document related to this Agreement, including the Note and the Note Resolution (collectively a "Claim"). At the request of the Issuer or the Bank, any Claim shall be resolved by binding arbitration in accordance with the Federal Arbitration Act (Title 9, U. S. Code) (the "Arbitration Act"). The Arbitration Act will apply even though this Agreement provides that it is governed by the law of a specified state. Arbitration proceedings will be determined in accordance with the Arbitration Act, the rules and procedures for the arbitration of financial services disputes of J.A.M.S./Endispute or any successor thereof ("J.A.M.S."), and the terms of this Section 7.13. In the event of any inconsistency, the terms of this paragraph shall control. The arbitration shall be administered by J.A.M.S. and conducted in Boynton Beach, Florida. All Claims shall be determined by one arbitrator; howeVer, if Claims exceed $5,000,000, upon the request of any party, the Claims shall be decided by three arbitrators. All arbitration hearings shall commence within 90 days of the demand for arbitration and close within 90 days of commencement and the award of the arbitrator(s) shall be issued within 30 days of the close of the hearing. However, the arbitrator(s), upon a showing of good cause, may extend the commencement of the heating for up to an additional 60 days. The arbitrator(s) shall provide a concise written statement of reasons for the award. The arbitration award may be submitted to any court having jurisdiction to be con.firmed and enforced. The arbitrator(s) will have the authority to decide whether any Claim is barred by the statute of limitations and, if so, to dismiss the arbitration on that basis. For purposes of the application of the statute of limitations, the service on J.A.M.S. under applicable J.A.M.S. rules of a notice of Claim is the equivalent of the filing ora lawsuit. Any dispute concerning this arbitration provision or whether a Claim is arbitrable shall be determined by the arbitrator(s). The arbitrator(s) shall have the power to award legal fees pursuant to the terms of this Agreement. This Section 7.13 does not limit the right of the Issuer or the Bank to: (i) exercise self-help remedies, such as but not limited to, setoff; (ii) initiate judicial or nonjudicial foreclosure against any real or personal property collateral; (iii) exercise any judicial or power of sale rights, or (iv) act 13 in a court of law to obtain an interim remedy, such as but not limited to, injunctive relief, writ of possession or appointment of a receiver, or additional or supplementary remedies. By agreeing to binding arbitration, the parties irrevocably and voluntarily waive any right they may have to a trial by jury in respect of any Claim. Furthermore, without intending in any way to limit this Agreement to arbitrate, to the extent any Claim is not arbitrated, the parties irrevocably and voluntarily waive any fight they may have to a trial by jury in respect of such Claim. This provision is a material inducement for the parties entering into this Agreement. No provision in this Agreement or in the Loan Documents regarding submission to jurisdiction and/or venue in any court is intended or shall be construed to be in derogation of the provisions of this Agreement or in any Loan Document for arbitration of any controversy or claim. IN WITNESS WHEREOF, the parties have executed this Agreement to be effective between them as of the date of first set forth above. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Title: Chairman BANK OF AMERICA, N.A. By: Title: Authorized Signatory 14 EXHIBIT A EXHIBIT A September 20, 2001 $3,000,000.00 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PROMISSORY NOTE KNOW ALL MEN BY THESE PRESENTS that the Boynton Beach Community Redevelopment Agency (the "Issuer"), a public body corporate and politic created and existing pursuant to the Constitution and the laws of the State of Florida, for value received, promises to pay from the sources hereinafter provided, to the order of Bank of America, N.A. or registered assigns (hereinafter, the "Owner"), the principal sum of $3,000,000.00, together with interest on the principal balance outstanding at the rate per annum of % per annum based upon a year of 360 days for the actual number of days elapsed. Principal of and interest on this Note are payable in lawful money of the United States of America at such place as the Owner may designate to the Issuer in writing. The principal of and interest on this Note shall be payable in one hundred eighty equal installments of $ each, due and payable on the 20th day of each month, commencing October 20, 2001, until all unpaid principal hereon shall have been paid in full. The entire unpaid principal balance, together with all accrued and unpaid interest hereon, shall be unconditionally due and payable in full on September 20, 2016 (the "Maturity Date"). If any date for the payment of principal and interest hereon shall fall on a day which is not a Business Day (as defined in the Loan Agreement (hereinafter defined)) the payment due on such date shall be due on the next succeeding day which is a Business Day, but the Issuer shall not receive credit for the payment until it is actually received by the Owner. All payments by the Issuer pursuant to this Note shall apply first to accrued interest, then to other charges due the Owner, and the balance thereof shall apply to principal. The principal of and interest on this Note may be prepaid at the option of the Issuer in whole, or in part, at any time. Prepayments of principal shall be applied to the scheduled installments of principal hereon in inverse order of maturity. If there is a prepayment of any principal, whether at the option of the Issuer or because of acceleration, the prepayment shall be accompanied by the amount of accrued interest on the amount prepaid, and a prepayment fee. The prepayment fee shall be in an amount sufficient to compensate the Owner for any loss, cost or expense incurred by it as a result of the prepayment, including any loss of anticipated profits and any loss or expense arising from the liquidation or re-employment of funds obtained by it to maintain the credit or from fees payable to terminate the deposits from which such funds were obtained. The Issuer shall also pay any customary administrative fees charged by the Owner in connection with the foregoing. For purposes of this paragraph, the Owner shall be deemed to have funded the loan evidenced by this Note by a matching deposit or other borrowing in the applicable interbank market, whether or not the loan was in fact so funded. Upon the occurrence of an Event of Default (as defined in the hereinafter defined Loan Agreement) the Owner may declare the entire debt then remaining unpaid hereunder immediately due and payable; and in any such default and acceleration, the Issuer shall also be obligated to pay (but only from the Pledged Revenues) as part of the indebtedness evidenced by this Note, all costs of collection and enforcement hereof, including such reasonable attorneys' fees as may be incurred on appeal or incurred in any proceeding under bankruptcy laws as they now or hereafter exist, including specifically but without limitation, claims, disputes, and proceedings seeking adequate protection or relief from the automatic stay. If any payment hereunder is not made within ten days after it is due, then the Issuer shall also be obligated to pay as part of the indebtedness evidenced by this Note a late payment fee in the amount of 5% of the delinquent payment, which late payment fee shall be due and payable immediately. Upon the occurrence of and during the continuation of an Event of Default, the interest rate on this Note shall be increased to the lesser of 18% per annum or the maximum rate permitted by law. The Issuer to the extent permitted by law hereby waives presentment, demand, protect and notice of dishonor. THIS NOTE AND THE INTEREST HEREON CONSTITUTES A LIMITED INDEBTEDNESS OF THE ISSUER. THE PRINCIPAL OF AND INTEREST ON THIS NOTE AND ALL OTHER AMOUNTS PAYABLE BY THE ISSUER HEREUNDER ARE PAYABLE SOLELY FROM CERTAIN PLEDGED REVENUES IN THE MANNER DESCRIBED IN THE LOAN AGREEMENT. This Note is issued pursuant to a Resolution duly adopted by the Issuer on September 11, 2001, as from time to time amended and supplemented (herein referred to as the "Resolution") and a Loan Agreement, dated of even date herewith, between the Issuer and the Owner (the "Loan Agreement"), and is subject to all the terms and conditions of the Resolution and Loan Agreement. All terms, conditions and provisions of the Resolution and Loan Agreement are by this reference thereto incorporated herein as a part of this Note. Terms used herein in capitalized form and not otherwise defined herein shall have the meanings ascribed thereto in the Resolution and Loan Agreement. This Note may be exchanged or transferred by the Owner hereof but only upon the registration books maintained by the Issuer and in the manner provided in the Loan Agreement. It is hereby certified, recited and declared that all acts, conditions and prerequisites required to exist, happen and be performed precedent to and in the execution, delivery and the issuance of this Note do exist, have happened and have been performed in due time, form and manner as required by law, and that the issuance of this Note is in full compliance with and does not exceed or violate any constitutional or statutory limitation. IN WITNESS WHEREOF, Boynton Beach Community Redevelopment Agency has caused this Note to be executed in its name by the manual signature of its Chairman this 20th day of September, 2001. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Chairman CERTIFICATE OF TRUE COPY I, the undersigned Clerk of the City of Boynton Beach, Florida DO HEREBY CERTIFY that attached hereto is a true and correct copy of Resolution No. 01-261 duly adopted by the City Commission of the City on September 19, 2001 and that such Resolution remains in force and has not been amended. IN WITNESS WHEREOF, I have hereunto set my hand as of the 20th day of September, 2001. RESOLUTION R01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOY'NTON BEACH, FLORIDA, AUTHOKIZING THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY TO ISSUE ITS PROMISSORY NOTE, SERIES 2001, IN THE PRINCIPAL AMOUNT OF NOT EXCEEDING $3,OOO,OOO; AUTHORZING THE CITY TO GUARANTY THE OBLIGATIONS OF THE COIVIMUNTrY RDEVELOPlVIENT AGENCY UNDER THE NOTE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is the intention of the Board of Commissioners of the Boynton Beach Community Redevelopment Agency to finance the amount of $3,000,000 for the purpose of providing funds for various community redevelopment projects; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. That the Boynton Beach Community Redevelopment Agency is hereby authorized to issue its Promissory Note, Series 2001, in the principal amount of $3,000,000, and having such other terms and conditions as set forth in the form of said Promissory Note attached hereto as Exhibit "A". Section 2. Upon issuance of the Note, the Mayor or Vice-Mayor of the City are hereby authorized and directed to execute the Guaranty of CRA Note in the form attached hereto as Exhibit "B". Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this iai day of September, 2001. ATTEST: z~mmissioner Commissioner LOAN AGREEMENT This LOAN AGREEMENT (the "Agreement") is made and entered into as of September 20, 2001, by and between Boynton Beach Community Redevelopment Agency, a public body corporate and politic of the State of Florida, and its successors and assigns (the "Issuer"), and Bank of America, N.A., a national banking association, and its successors and assigns as holder(s) of the hereinafter defined Note (the "Bank"). WHEREAS, the Board of Commissioners of the Issuer did, on September 11,2001, adopt Resolution No. 01-01 (the "Note Resolution") authorizing, among other things the borrowing by the Issuer of the principal amount of $3,000,000, to be evidenced by a promissory note (the "Note") for the purpose of financing certain of the Costs of the Project (as hereinafter defined); and WHEREAS, the Bank is willing to enter into this Agreement with the Issuer to provide the financing for the Costs of the Project; and WHEREAS, the Issuer hereby determines that it is desirable and in the best interest of the Issuer to enter into this Agreement whereby the Issuer will borrow funds from the Bank for the purpose of financing the Costs of the Project (the "Loan") and to evidence the repayment of such Loan by the issuance and delivery of the Note to the Bank in the aggregate principal amount of the Loan; and WHEREAS, the Note shall be issued pursuant to the terms and provisions of the Note Kesolution and this Agreement; and WHEREAS, the execution and delivery of this Agreement have been duly authorized by the Note Resolution. NOW, THEREFORE, the parties hereto, intending to be legally bound hereby and in consideration of the mutual covenants hereinafter contained, DO HEREBY AGREE as follows: ARTICLE I DEFINITION OF TERMS Section 1.01 Definitions. The words and terms used in this Agreement shall have the meanings as set forth in the recitals above and the following words and terms as used in this Agreement shall have the following meanings: "Act" means Part II, Chapter 163, Florida Statutes and other applicable provisions of law. "Agreement" shall mean this Loan Agreement and any and all modifications, alterations, amendments and supplements hereto made in accordance with the provisions hereof. "Business Day" means any day except any Saturday or Sunday or day on which the Principal Office of the Bank is lawfully closed. "City Commission" shall mean the duly constituting governing body of the City of Boynton Beach, Florida. "Community Redevelopment Area" shall mean the area described in the Community Redevelopment Plan, which is the area in which the Issuer is authorized under the Act to undertake community redevelopment projects. "Community Redevelopment Plan" shah mean the Issuer's Community Redevelopment Plan, under Section 163.360, Florida Statutes, as in effect from time to time. Nothing in this Loan Agreement or the Loan Documents shall be construed to prevent the Issuer from amending or modifying in any respect its Community Redevelopm .ent Plan at any time. "Cost" or "Costs" means, with respect to the Project, any obligation or expense incurred by the Issuer to the extent permitted by the Act. "Event of Default" shall mean an event of default specified in Article VI of this Agreement. "Guaranty" means the Guaranty of CRA Note dated of even date herewith, made by the Guarantor. "Guarantor" means City of Boynton Beach, Florida. "Issuer" means Boynton Beach Community Redevelopment Agency, a public body corporate and politic of the State. "Loan" shall mean the outstanding principal amount of the Note issued hereunder. "Loan Documents" means this Agreement, the Note Resolution, the Guaranty and the NOte. "Maturity Date" shall mean September 20, 2016. "Note" means the Note of the Issuer described in Section 5.03 hereof. "Noteholder" shall mean the Bank as the holder of the Note, or any other registered holder of the Note. "Original Purchaser" means Bank of America, N.A. "Owner" or "Owners" means the Person or Persons in whose name the Note shall be registered on the books of the Issuer kept for that purpose in ~hccordance with provisions of this Agreement. "Person" means natural persons, fro'ns, trusts, estates, associations, corporations, partnerships and public bodies. 2 "Pledged Revenues" means all moneys derived from the Tax Increment Revenues and investment earnings thereon and the proceeds or income received by the Issuer from the sale or other disposition of property acquired by the Issuer with proceeds of the Note. "Principal Office" means, with respect to the Original Purchaser, the office located at 625 North Flagler Drive, 10th Floor, West Palm Beach, Florida 33401, or such other office as the Original Purchaser may designate to the Issuer in writing. "Project" means any community redevelopment activity of the Issuer authorized pursuant to the Act. "Redevelopment Trust Fund" means the Redevelopment Trust Fund created and established by the Issuer pursuant to Section 163.387} Florida Statutes. "State" means the State of Florida. "Tax Increment Revenue" means the increment and income, proceeds, revenues and funds of the Issuer, as calculated annually pursuant to Section 163.387, Florida Statutes, and which are required to be paid into the Redevelopment Trust Fund thereby. Section 1.02 Interpretation. Unless the context clearly requires otherwise, words of masculine gender shall be construed to include correlative words of the feminine and neuter genders and vice versa, and words of the singular number shall be construed to include correlative words of the plural number and vice versa. This Agreement and all the terms and provisions hereof shall be construed to effectuate the purposes set forth herein and to sustain the validity hereof. Section 1.03 Titles and Headings. The rifles and headings of the articles and sections of this Agreement have been inserted for convenience of reference only and are not to be considered a pan hereof, shall not in any way modify or restrict any of the terms and provisions hereof, and shall not be considered or given any effect in construing this Agreement or any provision hereof or in ascertaining intent, if any question of intent should arise. ARTICLE II REPRESENTATIONS OF ISSUER The Issuer represents and warrants to the Bank that: Section 2.01 Powers of Issuer. The Issuer is a political subdivision duly organized and validly existing as a community redevelopment agency under the laws of the State. The Issuer has the power to borrow the amount provided for in this Agreement, to execute and deliver the Loan Documents, to secure the Note in the manner contemplated hereby and to perform and observe all the terms and conditions of the Note and this Agreement on its part to be performed and observed. The Issuer is or will be within the time required by law empowered to commence and prosecute the Project and the Issuer may lawfully issue the Note in order to finance the Costs of the Project. Section 2.02 Authorization 0fL0an. The Issuer has had or will have, as the case may be, full legal right, power, and authority to adopt the Note Resolution and to execute and deliver this Agreement, to issue, sell, and deliver the Note to the Bank, and to carry out and consummate all other transactions contemplated hereby, and the Issuer has complied and will comply with all provisions of applicable law in all material matters relating to such transactions. The Issuer, by the Note Resolution, has duly authorized the borrowing of the amount provided for in this Agreement, the execution and delivery of this Agreement, and the making and delivery of the Note to the Bank provided for in this Agreement and to that end the Issuer warrants that it will take all action and will do all things which it is authorized by law to take and to do in order to fulfill all covenants on its part to be performed and to provide for and to assure payment of the Note. The Issuer has duly adopted the Note Resolution and authorized the execution, delivery, and performance of the Note and this Agreement and the taking of any and all other such action as may be required on the part of the Issuer to carry out, give effect to and consummate the transactions contemplated by this Agreement. The Note has been duly authorized, executed, issued and delivered to the Bank and constitutes legal, valid and binding obligation of the Issuer enforceable in accordance with its terms and the terms hereof, and is entitled to the benefits and security of the Note Resolution and this Agreement. All approvals, consents, and orders of and filings with any governmental authority or agency which would constitute a condition precedent to the issuance of the Note or the execution and delivery of or the performance by the Issuer of its obligations under this Agreement and the Note have been obtained or made and any consents, approvals, and orders to be received or filings so made are in full force and effect. Section 2.03 A_m'eemenB. The making and performing by the Issuer of this Agreement will not violate any provision of the Act, or any bond or note resolution of the Issuer, or any regulation, order or decree of any court, and will not result in a breach of any of the terms of any agreement or instrument to which the Issuer is a party or by which the Issuer is bound. Section 2.04 ~ There are no actions or proceedings pending against the Issuer or affecting the Issuer or, to the knowledge of the Issuer, threatened, which, either in any case or in the aggregate, might result in any material adverse change in the financial condition of the Issuer, or which questions the validity of this Agreement or the Note or of any action taken or to be taken in connection with the transactions contemplated hereby or thereby. The Issuer is not in default in any material respect under any agreement or other instrument to which it is a party or by which it may be bound. Section 2.05 Financial Information. The financial information regarding the Issuer furnished to the Bank by the Issuer in connection with the Loan is complete and accurate, and there has been no material and adverse change in the financial condition of the Issuer from that presented in such information. The Issuer will cause an audit to be completed of its books and accounts and shall furnish to the Owner of the Note audited year-end financial statements of the Issuer certified by an independent certified public accountant acceptable to the Owner to the effect that such audit has been conducted in accordance with generally accepted auditing standards and stating whether 4 such financial statements present fairly in all material respects the £mancial position of the Issuer and the results of its operations and cash flows for the periods covered by the audit report, all in conformity with generally accepted accounting principles applied on a consistent basis. The Issuer shall adopt an annual budget as required by law. The Issuer shall provide the Owner of the Note with (i) a copy of its annual operating budget for each fiscal year ending after September 30, 2000 promptly (but no later than 30 days) after it is adopted, and (ii) its audited financial statements for each fiscal year ending after September 30, 2000 within 30 days after they become available and in any .event within 270 days after the end thereof. The Issuer acknowledges and agrees that the Bank's ability to monitor and evaluate the status of the Loan is dependent upon the Issuers timely providing financial information required herein. In addition to all other rights and remedies the Bank has should the Issuer fail to timely provide the financial information required hereby, including declaring the Loan to be in default, the Bank may charge the Issuer a late fee of not more than $500. The charging and/or payment of the fee is not a waiver of the Issuer's continuing obligation to provide the required financial information. ARTICLE III COVENANTS OF THE ISSUER Section 3.01 Affirmative Coverlarlt~. The Issuer covenants, for so long as any of the principal amount of or interest on the Note is outstanding and unpaid or any duty or obligation of the Issuer hereunder or under the Note remains unpaid or unperformed, as follows: (a) Payment. The Issuer shall duly and punctually pay the principal of the Note and the interest thereon at the dates and place and in the manner (and subject to the limitations) provided herein and in the Note according to the true intent and meaning thereof. Co) ~. Proceeds from the Note will be used only for Costs of the Project. (c) Notice of Defaults. The Issuer shall with/n ten (10) days after it acquires knowledge thereof, notify the Bank in writing upon the happening, occurrence, or existence of any Event of Default, and any event or condition which with the passage of time or giving of notice, or both, would constitute an Event of Default, and shall provide the Bank with such written notice, a detailed statement by a responsible officer of the Issuer of all relevant facts and the action being taken or proposed to be taken by the Issuer with respect thereto. (d) Maintenance of Exi~terlce. The Issuer will take all reasonable legal action within its control in order to maintain its existence until all amounts due and owing from the Issuer to the Bank under the Loan Documents have been paid in full. (e) Records. The Issuer agrees that any and all records of the Issuer with respect to the Project and/or the Loan Documents shall be open to inspection by the Bank or its representatives at all reasonable times at the offices the Issuer. 5 Section 3.02 Negative Coven~t~. The Issuer covenants, for so long as any of the principal mount of or interest on the Note is outstanding and unpaid or any obligations of the Issuer under any of the Loan Documents remain unpaid or unperformed, that: (a) The Issuer shall not alter, amend or repeal the Note Resolution, or take any action impairing the authority thereby or hereby given with ~,espect to the issuance and payment of the Note, without prior written approval of the Noteholder. (b) The Issuer shall not pledge or encumber the Pledged Revenues except pursuant to or as permit-ted by this Agreement. (c) The Issuer will not take any action within its control which would impair or adversely affect the right of the Issuer to receive the Tax Increment Revenues or reduce the amount of the Tax Increment Revenues the Issuer is lawfully entitled to receive. Notwithstanding the foregoing, the Issuer's acquisition and ownership of land within the Community Redevelopment Area in furtherance of the Community Kedevelopment Plan will not be deemed a violation of the preceding sentence. Section 3.03. Bank Fees and Expense.q. The Issuer hereby agrees to pay the fees and expenses of counsel to the Bank in connection with the issuance of the Note in the amount of $2,500.00, said amount to be due and payable upon the issuance of the Note. The Issuer shall pay the Bank a fee in the amount of $1,500.00 upon issuance of the Note. Section 3.04. Miscellaneous Covenants and Representations. (a) The Issuer shall not loan money or make advances or other extensions of credit to other persons or entities. (b) The Issuer shall not create or permit any mortgage or lien on any of its assets. (c) The Issuer shall not dispose of any of its assets other than in the ordinary course of business. (d) The Issuer shall promptly inform the Bank of any actual or potential contingent liabilities or pending or threatened litigation of any amount. (e) The Issuer shall maintain sUCh liability, casualty and other insurance as is reasonable and prudent for similarly situated agencies of the State and shall upon the request of the Bank, provide evidence of such coverage to the Bank. (f) The Issuer is in compliance with and shall comply with all applicable federal, state and local laws and regulatory requirements. (g) In the event the Note or this Agreement should be subject to the excise tax on documents or the intangible personal property tax of the State, the Issuer shall pay such taxes or reimburse the Bank for any such taxes paid by it. (h) The Issuer covenants that the amount of the Tax Increment Revenues received by it during each fiscal year shall equal at least 100% of the amount of principal and interest due on the Note during such fiscal year less any amount of such principal and interest paid from any source other than Tax Increment Revenues. Section 3.05. Automatic Payment procedure~ [Intentionally Deleted.] Section 3.06. Registration and Exchange of Note: Persons Treated as Owners. So long as the Note shall remain unpaid, the Issuer will keep books for the registration and transfer of the Note. The Note shall be transferable only upon .such registration books. The Issuer will transfer the registration ora Note upon written request of the Owner specifying the name, address and taxpayer identification number of the transferee. The Person in whose name the Note shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of principal and interest on the Note shall be made only to or upon the written order of the Owner. All such payments shall be valid and effectual to satisfy and discharge the liability upon the Note to the extent of the sum or sums so paid. Section 3.07. Payment of Principal and Interest: Limited Obligation: Additional Indebtedness. The Issuer promises that it will promptly pay the principal of and interest on the Note at the place, on the dates and in the manner provided therein according to the tree intent and meaning hereof and thereof, provided that the principal of and interest on the Note is payable solely from the Pledged Revenues, and nothing in the Note or this Loan Agreement shall be construed as pledging any other funds or assets of the Issuer to such payment or as authorizing such payment to be made from any other source. The Issuer is not and shall not be liable for the payment of the principal of and interest on the Note or for the performance of any pledge, obligation or agreement for payment undertaken by the Issuer hereunder or under the Note from any property other than the Pledged Revenues. No Owner of any of the Note shall have any right to resort to legal or equitable action to require or compel the Issuer to make any payment required by the Note or the Loan Agreement from any source other than the Pledged Revenues. In order to secure the payment of the principal of and interest on the Note the Issuer hereby pledges and grants a lien upon the Pledged Revenues to the Owner of the Note. The Issuer shall not issue or incur any indebtedness or obligation if such would materially and adversely affect the ability of the Issuer to pay debt service on the Note. The Issuer may hereafter issue or incur indebtedness payable from the Pledged Revenues on a parity with the Note provided that the amount of Tax Increment Revenues received by the Issuer during the most recently concluded fiscal year or the period of twelve consecutive full calendar months concluded most recently prior to the issuance of such additional debt equal at least 100% of the maximum amount of principal and interest scheduled to become due on the Note and such proposed additional debt in 7 the then current or any future fiscal year of the Issuer. For purposes of the foregoing computation, if any proposed or previously issued additional debt bears a variable rate of interest, then the interest rate shall be assumed to be the lesser of (i) the "cap" rate established in the documentation for such date and (ii) the greater of (x) the "prime rate" of the Original Purchaser as in effect on the date of issuance of such Note or (y) 10% per annum. Section 3.08. ~_l~ill.~..l~.O~. In any case where the due date of interest on or principal of the Note is not a Business Day, then payment of such principal or interest need not be made on such date but may be made on the next succeeding Business Day, provided that credit for payments made shall not be given until the payment is actually received by the Owner. Section 3.09. Limited Liabili _ty of I$,uer. It is hereby expressly made a condition of this Loan Agreement and of the Note that any agreements or representations herein or therein contained or contained in the documents and instmrnents executed in connection therewith do not and shall never constitute or give rise to any personal or pecuniary liability or charge against the general credit of the Issuer and in the event of a breach of any agreement, covenant or representation, no personal or pecuniary liability or charge payable directly or indirectly from any funds of the Issuer other than those pledged hereunder shall arise therefrom. Nothing contained in this Section 3.09, however, shall relieve the Issuer from the observance and performance of the several covenants and agreements on its part herein contained. Section 3.10. Officers and Employees of the Issuer Exempt from Personal Liability. No recourse under or upon any obligation, covenant or agreement of this Loan Agreement or the Note or for any claim based hereon or thereon or otherwise in respect thereof, shall be had against any Commissioner of the Issuer, or any officer, agent or employee, as such, of the Issuer past, present or future, it being expressly understood (a) that the obligation of the Issuer under this Loan Agreement and under the Note is solely a corporate one, limited as provided in the preceding Section 3.09, (b) that no personal liability whatsoever shall attach to, or is or shall be incurred by, the Commissioners of the Issuer, or the officers, agents, or eml~loyees, as such, of the Issuer, or any of them, under or by reason of the obligations, covenants or agreements contained in this Agreement or implied therefrom, and (c) that any and all such personal liability of, and any and all such rights and claims against, every such Commissioner of the Issuer, and every officer, agent, or employee, as such, of the Issuer under or by reason of the obligations, covenants or agreements contained in this Loan Agreement and under the Note, or implied therefrom, are waived and released as a condition of, and as a consideration for, the execution of this Loan Agreement and the issuance of the Note on the part of the Issuer. Section 3.11. Note Mutilated, Destroyed. Stolen 0r Lo~t In case the Note shall become mutilated, or be destroyed, stolen or lost, the Issuer shall issue and deliver a new NOte of like'tenor as the Note so mutilated, destroyed, stolen or lost, in exchange and in substitution for such mutilated Note, or in lieu of and in substitution for the Note destroyed, stolen or lost and upon the Owner furnishing the Issuer proof of ownership thereof and indemn/ty reasonably satisfactory to the Issuer and complying with such other reasonable regulations and conditions as the Issuer may prescribe and paying such expenses as the Issuer may incur. The Note so surrendered shall be canceled. 8 Section 3.12. Remedies 0fNoteholder. Should the Issuer default in any obligation created by this Loan Agreement or the Note, the Owner of the Note may, in addition to any other remedies set forth in this Loan Agreement or the Note, either at law or in equity, by suit, action, mandamus or other proceeding in any court of competent jurisdiction, protect and enforce any and all fights under the laws of the State, or granted or contained in this Loan Agreement, and may enforce and compel the performance of all duties required by this Loan Agreement, or by any applicable statutes to be performed by the Issuer or by any officer thereof. ARTICLE IV CONDITIONS OF LENDING The obligations of the Bank to lend hereunder are subject to the following conditions precedent: Section 4.01 Representations and Warranties. The representations and warranties set forth in the Loan Documents are and shall be true and correct to the best of the Issuer's knowledge on and as of the date hereof. Section 4.02 ~ On the date hereof the Issuer shall be in compliance with all the terms and provisions set forth in the Loan Documents on its part to be observed or performed, and no Event of Default nor any event that, upon notice or lapse of time or both, would constitute such an Event of Default, shall have occurred and be continuing at such time. Section 4.03 Supporting Document,. On or prior to the date hereof, the Bank shall have received the following supporting documents, all of which shall be satisfactory in form and substance to the Bank (such satisfaction to be evidenced by the purchase of the Note by the Bank): (a) The opinion of the Attorney for the Issuer, regarding the due authorization, execution, delivery, validity and enforceability of this Agreement and the Note and the due adoption of the Note Resolution; Co) A certified copy of the Note Resolution; and (c) Such additional supporting documents as the Bank may reasonably request. ARTICLE V THE LOAN; ISSUER'S OBLIGATION; DESCRIPTION AND PAYMENT TERMS Section 5.01 The Loan. The Bank hereby agrees to loan to the Issuer the amount of $3,000,000 to be evidenced by the Note, to provide funds to finance certain of the Costs of the Project upon the terms and conditions set forth in the Note Resolution and in this Agreement. The Issuer agrees to repay the principal amount borrowed plus interest thereon, upon the terms and conditions set forth in the Loan Documents. ' Section 5.02 Note Not tO be Indebtedness 0fthe Issuer or State. The Note, when delivered by the Issuer pursuant to the terms oftkis Agreement, shall not be or constitute a general obligation or indebtedness of the Issuer, or the State, or any political subdivision of the State, within the meaning of any Constitutional, statutory or other limitation of indebtedness, but shall be a special obligation payable solely as herein provided. No Noteholder shall ever have the right to compel the exercise of the ad valorem taxing power, if any, of the Issuer to pay the Note or the interest thereon. None of the Loan Documents create a lien upon any facilities of the Issuer. Any agreements or representations herein or contained in any Loan Document do not and shall never constitute or give rise to any personal or pecuniary liability or charge against the general credit of the Issuer, and in the event of a breach of any agreement, covenant, or representation, no personal or pecuniary liability or charge payable directly or indirectly from any revenues of the Issuer other than the Pledged Revenues shall arise therefrom. Section 5.03 Description and Payment Terms of the Note. To evidence the Loan, the Issuer shall issue and deliver to the Bank the Note in the form attached hereto as Exhibit A. ARTICLE VI' EVENTS OF DEFAULT Section 6.01 General. An "Event of Default" shall be deemed to have occurred under this Agreement if: (a) The Issuer shall fail to make any payment of the principal of or interest on the Loan when the same shall become due and payable, whether by maturity, by acceleration at the discretion of the Bank as provided for in Section 6.02, or otherwise; or (b) The Issuer or the Guarantor shall default in the performance of or compliance with any term or covenant contained in the Loan Documents, other than a term or covenant a default in the performance of which or noncompliance with which is elsewhere specifically dealt with, which default or non-compliance shall continue and not be cured within thirty (30) days after (i) notice thereof to the Issuer and the Guarantor by the Bank; or (ii) the Bank is notified of such noncompliance or should have been so notified pursuant to the provisions of Section 3.01 (c) of this Agreement, whichever is earlier; or (c) Any representation or warranty made in writing by or on behalf of the Issuer or the Guarantor in any Loan Document shall prove to have been false or incorrect in any material respect on the date made or reaffirmed; or (d) The Issuer or the Guarantor admits in writing its inability to pay its debts generally as they become due or files a petition in bankruptcy or makes an assignment for the benefit of its creditors or consents to the appointment of a receiver or trustee for itself; or 10 (e) The Issuer or the Guarantor is adjudged insolvent by a court of competent jurisdiction, or it is adjudged a bankrupt on a petition in bankruptcy filed by or against the Issuer, or an order, judgment or decree is entered by any court of competent jurisdiction appointing, without the consent of the Issuer, a receiver or trustee of the Issuer or of the whole or any part of its property, and if the aforesaid adjudications, orders, judgments or decrees shall not be vacated or set aside or stayed within ninety (90) days from the date of entry thereof; or (f) The Issuer or the Guarantor shall file a petition or answer seeking reorganization or any arrangement under the federal bankruptcy laws or any other applicable law or statute of the United States of America or the State; or (g) The Issuer or the Guarantor shall default in the due and punctual payment or performance of covenants under any obligation for the payment of money to the Bank or any other subsidiary or affiliate of Bank of America Corporation; or (h) A judgment or order shall be rendered against the Issuer or the Guarantor for the payment of money in excess of $500,000 and such judgment or order shall continue unsatisfied or unstayed for a period of more than 30 days. Section 6.02 Effect of Event of Default. Except as otherwise provided in the Note, immediately and without notice, upon the occurrence of any Event of Default, the Bank may declare all obligations of the Issuer under the Loan Documents to be immediately due and payable without further action of any kind and upon such declaration the Note and the interest accrued thereon shall become immediately due and payable. In addition, and regardless whether such declaration is or is not made, the Bank may also seek enforcement of and exercise all remedies available to it under any applicable law. ARTICLE VII MISCELLANEOUS Section 7.01 No Waiver: Cumulative Reroedies. No failure or delay on the part of the Bank in exercising any right, power, remedy hereunder or under the Note shall operate as a waiver of the Bank's rights, powers and remedies hereunder, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof, or the exercise of any other right, power or remedy hereunder or thereunder. The remedies herein and therein provided are cumulative and not exclusive of any remedies provided by law or in equity. Section 7.02 Amendments, Changes or Modifications tO tbe A_m'eement, This Agreement shall not be amended, changed or modified without the prior written consent of the Noteholders and the Issuer. The Issuer agrees to pay all 'of the Bank's costs and reasonable attorneys' fees incurred in modifying and/or amending this Agreement at the Issuer's request or behest. 11 Section 7.03 Counterpart~. This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original; but such counterparts shall together constitute but one and the same Agreement, and, in making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart. Section 7.04 Severabili _ty. If any clause, provision or section of this Agreement shall be held illegal or invalid by any court, the invalidity of such clause, provision or section shall not affect any other provisions or sections hereof, and this Agreement shall be construed and enforced to the end that the transactions contemplated hereby be effected and the obligations contemplated hereby be enforced, as if such illegal or invalid clause, provision or section had not been contained herein. Section 7.05 Term of A_m'eement. Except as otherwise specified in this Agreement, this Agreement and all representations, warranties, covenants and agreements contained herein or made in writing by the Issuer in connection herewith shall be in full force and effect from the date hereof and shall continue in effect until as long as the Note is outstanding. Section 7.06 Notices, All notices, requests, demands and other commurdcations which are required or may be given under this Agreement shall be in writing and shall be deemed to have been duly given when received if personally delivered; when transmitted if transmitted by telecopy, electronic telephone line facsimile transmission or other similar electronic or digital transmission method (provided customary evidence of receipt is obtained); the day after it is sent, if sent by overnight common carrier service; and five days after it is sent, if mailed, certified mail, return receipt requested, postage prepaid. In each case notice shall be sent to: If to the Issuer: Boynton Beach Community Redevelopment Agency 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 If to the Bank: Bank of America, N.A. 9000 Southside Boulevard Bldg. 100 Jacksonville, FL 32256 or to such other address as either party may have specified in writing to the other using the procedures specified above in this Section 7.06. Section 7.07 ~.p. li.cdthlg.~. This Agreement shall be construed pursuant to and governed by the substantive laws of the State. Section 7.08 Binding Effect: Assignment, This Agreement shall be binding upon and inure to the benefit of the successors in interest and permitted assigns of the parties. The Issuer shall have no rights to assign any of their rights or obligations hereunder without the prior written consent of the Bank. 12 Section 7.09 No Third Party_ Beneficiaries. It is the intent and agreement of the parties hereto that this Agreement is solely for the benefit of the parties hereto and no person not a party hereto shall have any rights or privileges hereunder. Section 7.10 Attorneys Fees. To the extent legally permissible, the Issuer and the Bank agree that in any suit, action or proceeding brought in connection with this Agreement, the Note, or the Note Resolution (including any appeal(s)), the prevailing party shall be entitled to recover costs and attorneys' fees from the other party. Section 7.11 Entire A_m'eement. Except as otherwise expressly provided, this Agreement and the other Loan Documents embody the entire agreement and understanding between the parties hereto and supersede all prior agreements and understandings relating to the subject matter hereof. Section 7.12 Further Assurance~q. The parties to this Agreement will execute and deliver, or cause to be executed and delivered, such additional or further documents, agreements or instruments and shall cooperate with one another in all respects for the purpose of out the transactions contemplated by this Agreement. Section 7.13 Arbitration and Waiver of Jury_ Trial. This Section 7.13 concerns the resolution of any controversies or claims between the Issuer and the Bank, whether arising in contract, tort or by statute, that arise out of or relate to: (i) this Agreement (including any renewals, extensions or modifications); or (ii) any document related to this Agreement, including the Note and the Note Resolution (collectively a "Claim"). At the request of the Issuer or the Bank, any Claim shall be resolved by binding arbitration in accordance with the Federal Arbitration Act (Title 9, U. S. Code) (the "Arbitration Act"). The Arbitration Act will apply even though this Agreement provides that it is governed by the law of a specified state. Arbitration proceedings will be determined in accordance with the Arbitration Act, the rules and procedures for the arbitration of financial services disputes of J.A.M.S./Endispute or any successor thereof("J.A.M.S."), and the terms of this Section 7.13. In the event of any inconsistency, the terms of this paragraph shall control. The arbitration shall be administered by J.A.M.S. and conducted in Boynton Beach, Florida. All Claims shall be determined by one arbitrator; however, if Claims exceed $5,000,000, upon the request of any party, the Claims shall be decided by three arbitrators. All arbitration hearings shall commence within 90 days of the demand for arbitration and close within 90 days of commencement and the award of the arbitrator(s) shall be issued within 30 days of the close of the hearing. However, the arbitrator(s), upon a showing of good cause, may extend the commencement of the hearing for up to an additional 60 days. The arbitrator(s) shall provide a concise written statement of reasons for the award. The arbitration award may be submitted to any court having jurisdiction to be confirmed and enforced. 13 The arbitrator(s) will have the authority to decide whether any Claim is barred by the statute of limitations and, if so, to dismiss the arbitration on that basis. For purposes of the application of the statute of limitations, the service on J.A.M.S. under applicable J.A.M.S. rules of a notice of Claim is the equivalent of the filing ora lawsuit. Any dispute concerning this arbitration provision or whether a Claim is arbitrable shall be determined by the arbitrator(s). The arbitrator(s) shall have the power to award legal fees pursuant to the terms 0fthis Agreement. This Section 7.13 does not limit the right of the Issuer oi' the Bank to: (i) exercise self-help remedies, such as but not limited to, setoff; (ii) initiate judicial or nonjudicial foreclosure against any real or personal property collateral; (iii) exercise any judicial or power of sale rights, or (iv) act in a court of law to obtain an interim remedy, such as but not limited to, injunctive relief, writ of possession or appointment of a receiver, or additional or supplementary remedies. By agreeing to binding arbitration, the parties irrevocably and voluntarily waive any right they may have to a trial by jury in respect of any Claim. Furthermore, without intending in any way to limit this Agreement to arbitrate, to the extent any Claim is not arbitrated, the parties irrevocably and voluntarily waive any right they may have to a trial by jury in respect of such Claim. This provision is a material inducement for the parties entering into this Agreement. No provision in this Agreement or in the Loan Documents regarding submission to jurisdiction and/or venue in any court is intended or shall be construed to be in derogation of the provisions of this Agreement or in any Loan Document for arbitration of any controversy or claim. IN WITNESS WHEREOF, the parties have executed this Agreement to be effective between them as of the date of first set forth above. BOYNTON BEACH COMMUNI~ REDEVEL~~~ ENT AGEN~ BANK OF AMERICA, N.A. Title: Authorized Signatory KURT BRESSNER CITY MANAGER BOYNTON BEACH, FL G:~0-'~5~2\Loaa Agre~ment(l).vtpd 14 Guaranty of CRA. Note Lender: Bank of America, N.A. 9000 Southside Boulevard Building 100 FLg- 100-03-15 Jacksonville, FL 32256 Guarantor: City of Boynton Beach, Florida 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 "Borrower": Boynton Beach Community Redevelopment Agency (Borrower's Name) 1. Guaranty. FOR VALUE RECEIVED, and to induce Bank of America, N.A., its successors and assigns ("Lender"), to make a loan to Borrower, the undersigned hereby irrevocably and unconditionally guarantees to Lender the full and prompt payment when due, whether by acceleration or otherwise, of any and all Liabilities (as hereinafter defined) of Borrower to Lender. This Guaranty of CRA Note (this "Guaranty") is continuing and unlimited as to the amount, and is cumulative to and does not supersede any other guaranties. Guarantor furthei unconditionally guarantees the faithful, prompt and complete compliance by Borrower with all Obligations (as hereinafter defined). The undertakings of Guarantor hereunder are independent of the Liabilities and Obligations of Borrower and a separate action or actions for payment, damages or performance may be brought or prosecuted against Guarantor, whether or not an action is brought against Borrower or to realize upon the security for the Liabilities and/or Obligations, whether or not Borrower is joined in any such action or actions, and whether or not notice is given or demand is made upon Borrower. Lender shall not be required to proceed first against Borrower, or any other person, or entity, whether primarily or secondarily liable, or against any collateral held by it, before resorting to Guarantor for payment, and Guarantor shall not be entitled to assert as a defense to the enforceability of the Guaranty any defense of Borrower with respect to any Liabilities or Obligations. 2. Paragraph Headings, Governing Law and Binding Effect. Guarantor agrees that the paragraph headings in this Guaranty are for convenience only and that they will not limit any of the provisions of this Guaranty. Guarantor further agrees that this Guaranty shall be governed by and construed in accordance with the laws of the State of Florida and applicable United States federal law, and is performable in the State of Florida. This Guaranty is binding upon Guarantor, its successors or assigns, and shall inure to the benefit of Lender, its successors, indorsees or assigns: 3. Definitions. A. "Guarantor" shall mean City of Boynton Beach, Florida. B. "Liability" or "Liabilities" shall mean without limitation, all liabilities, indebtedness, and obligations of Borrower and/or Guarantor to Lender, whether direct or indirect, absolute or contingent, joint or several, secured or unsecured, due or not due, whether now existing or created in the future, arising out of the Loan Agreement, dated as of September 20, 2001, by and between Borrower and Lender (the "Loan Agreement") and the Promissory Note (the "Note"), also dated September 20,2001, made by Borrower and payable to Lender in the principal amount of $3,000,000 and all expenses (including reasonable attorney's fees and cost of collection) incurred in the collection thereof or the enforcement of rights thereunder. C. "Loan Documents" shall mean this Guaranty, the Loan Agreement, and the Note. D. "Obligation" or "Obligations" shall mean all terms, conditions, covenants, agreements and undertakings of Borrower and/or Guarantor under the Loan Documents. 4. Waivers by Guarantor. Guarantor waives notice of acceptance of this Guaranty, notice of any Liabilities or Obligations to which it may apply, presentment, demand for payment, protest, notice of dishonor or nonpayment of any Liabilities, notice of intent to accelerate, notice of acceleration, and notice of any suit or the taking of other action by Lender against Borrower, Guarantor or any other person, any applicable statute of limitations and any other notice to any party liable on any Loan Document (including Guarantor). Guarantor .also hereby waives any claim, right or remedy which Guarantor may now have or hereafter acquire against Borrower that arises hereunder including, without limitation, any claim, remedy or right of subrogation, reimbursement, exoneration, contribution, indemnification, or participation in any claim, right or remedy of Lender against Borrower or against any security which Lender now has or hereafter acquires, whether or not such claim, right or remedy arises in equity, under contract, by statute, under common law or otherwise. Guarantor also waives the benefits of any provision of law requiring that Lender exhaust any right or remedy, or take any action, against Borrower, any other person and/or property. Lender may at any time and from time to time (whether before or after revocation or termination of this Guaranty) without notice to Guarantor (except as required by law), without incurring responsibility to Guarantor, without impairing, releasing or otherwise affecting the Obligations of Guarantor, in whole or in part, and without the indorsement or execution by Guarantor of any additional consent, waiver or guaranty: (a) change the manner, place or terms of payment, or change or extend the time of or renew, or reduce any interest rate or alter any Liability or Obligation or installment thereof, or any security therefor but Lender may not increase the interest rate or principal amount of the Note without Guarantor's consent; (b) exercise or refrain from exercising any rights against Borrower (including Guarantor) or act or refrain from acting in any other manner; (c) settle or compromise any Liability or Obligation or any security therefor; (d) release or compromise any Liability of Guarantor hereunder or any Liability or Obligation of any other parties primarily or secondarily liable on any of the Liabilities or Obligations; or (e) apply any sums from any sources to any Liability without regard to any Liabilities remaining unpaid. 5. Subordination. Guarantor agrees (x) that it will not demand, take or receive from Borrower, by set-off or in any other manner, payment of any debt, now and at any time or times hereafter owing by Borrower to Guarantor unless (i) all the Liabilities and Obligations shall have been fully paid and performed, or (ii) no Event of Default or event, which with the giving of notice or the passage of time, or both, would constitute an Event of Default exists under the Loan Agreement and no such Event of Default or event would arise out of such payment, and (y) any security interest, liens or encumbrances which Guarantor now has and from time to time hereafter may have upon any of the assets of Borrower shall be made subordinate, junior and inferior and postponed in priority, operation and effect to any security interest of Lender in such assets. 6. Waivers by Lender. No delay on the part of Lender in exercising any of its options, powers or rights, and no partial or single exercise thereof, shall constitute a waiver thereof. No waiver of any of its rights hereunder, and no modification or amendment of this Guaranty, shall be deemed to be made by Lender unless the same shall be in writing, duly signed on behalf of Lender; and each such waiver, if any, shall apply only with respect to the specific instance involved, and shall in no way impair the rights of Lender or the obligations of Guarantor to Lender in any other respect at any other time. 7. Termination. This Guaranty is irrevocable by Guarantor. 8. Partial Invalidity and/or Enforceability of Guaranty. The unenforceability or invalidity of any provision of this Guaranty shall not affect the enforceability or validity of any other provision herein and the invalidity or unenforceability of any provision of any Loan Document as it may apply to any person or circumstance shall not affect the enforceability or validity of such provision as it may apply 'to other persons or circumstances. In the event Lender is required to relinquish or retum the payments, the collateral or the proceeds thereof, in whole or in part, which had been previously applied to or retained for application against any Liability, by reason of a proceeding arising under the Bankruptcy Code, or for any other reason, this Guaranty shall automatically continue to be effective notwithstanding any previous cancellation or release effected by Lender. 9. Change of Status. Guarantor further agrees that this Guaranty shall be binding, legal and enforceable against Guarantor in the event Borrower mergers or consolidates with another entity or changes its name, status or type of entity. 10. Financial and Other Information. Guarantor agrees to furnish Lender with Guarantor's annual audited financial statement by the date 270 days after each fiscal year of Guarantor. Guarantor acknowledges and agrees that Lender's ability to monitor and evaluate the status of the Liabilities is dependent upon Guarantor's timely providing the financial information required herein. In addition to all other rights and remedies Lender has should Guarantor fail to timely provide the financial information, including declaring a default under the Loan Documents, Lender may charge Guarantor a late fee of $500.00. The charging and/or payment of the late fee is not a waiver of the Guarantor's continuing obligation to provide the required financial information. Guarantor has made an independent investigation of the financial condition and affairs of Borrower prior to entering into this Guaranty, and in entering into this Guaranty Guarantor has not relied upon any representation of Lender as to the financial condition, operation or creditworthiness of Borrower. Guarantor further agrees that Lender shall have no duty or responsibility now or hereafter to make any investigation or appraisal of Borrower on behalf of Guarantor or to provide Guarantor with any credit or other information which may come to its attention now or hereafter. 11. Notices. Notice shall be deemed reasonable if mailed postage prepaid at least five (5) days before the related action to the address of Guarantor or Lender, at their respective addresses indicated at the beginning .of this Guaranty, or to such other address as any party may designate by written notice to the other party. Each notice, request and demand shall be deemed given or made, if sent by mail, upon the earlier of the date of receipt or five (5) days after deposit in the U.S. Mail, first class postage prepaid, or if sent by any other means, upon delivery. 12. Guarantor Duties. Guarantor shall upon notice or demand by Lender promptly and with due diligence pay all Liabilities and perform and satisfy all Obligations for the benefit of Lender in the event of (a) the occurrence of any default under any Loan DocUment(s); or (b) the failure of Borrower to otherwise pay any Liability or perform any Obligation. Guarantor acknowledges and agrees that its timely and complete compliance with a~ll of the terms and conditions contained in the Loan DocUments is material consideration for the extension of credit by the Lender. Guarantor's failure to timely and completely comply with each and every term and condition contained in the Loan DocUments is, at Lender's option, an event of default. In addition to all other rights and remedies Lender has, Lender may, in its sole discretion, elect to waive such default or to forbear to exercise its rights and remedies for such default and may charge Guarantor a fee for agreeing to do so. 13. Remedies. Upon the failure of Guarantor to fulfill its duty to pay all Liabilities and perform and satisfy all Obligations as required hereunder, Lender shall have all of the remedies of a creditor under all applicable law. 14. Attorney Fees, Cost and Expenses. Guarantor shall pay all costs of collection and reasonable attorney's fees, including reasonable attorney's fees in connection with any suit, mediation or arbitration proceeding, out-of-court payment agreement, trial, appeal, bankruptcy proceedings or otherwi.'se, incurred or paid by Lender in enforcing the payment of any Liability or defending this agreement. 15. Limited Obligation. Notwithstanding any other provision of this Guaranty or any Loan Document, the Guarantor is not and shall not be liable for the payment of any amount hereunder or for the performance of any obligation or agreement hereunder from any source other than the "Non- Ad Valorem Revenues" appropriated for such purpose in the manner and to the extent described in this Section 15. The term "Non-Ad Valorem Revenues" means all revenues of the Guarantor derived fi-om any source other than the exercise of the ad valorem taxing power of the Guarantor, but' only to the extent the same may lawfully be used to make payments hereunder. The Lender shall not have any right to resort to legal or equitable action or revenues to require or compel the Guarantor to make any payment hereunder from any source other than such Non-Ad Valorem Revenues. The Guarantor covenants that should it be required to make any payment hereunder it will appropriate in its annual budget, by amendment, if required, from Non-Ad Valorem Revenues, amounts sufficient to make such payment. In the event that the amount previously budgeted for such 4 purpose at any time is insufficient to make any payment required to be made hereunder, the Guarantor covenants to take immediate action to amend its budget so as to budget and appropriate an amount from Non-Ad Valorem Revenues sufficient to make such payment. Such covenant to budget and appropriate from Non-Ad Valorem Revenues shall be cumulative to the extent not paid and shall continue until such Non-Ad Valorem Revenues sufficient to make all required payments have been budgeted, appropriated and used to make payments required to be made hereunder. The Guarantor shall not issue or incur any indebtedness or obligation payable from non ad valorem revenues if such would materially and adversely affect the ability of the Guarantor to make payments required to be made hereunder. 16. ARBITRATION. This Section 16 concerns the resolution of any controversies or claims between the Guarantor and the Lender, whether arising in contract, tort or by statute, that arise out of or relate to this Guaranty (a "Claim"). At the request of the Guarantor or the Lender, any Claim shall be resolved by binding arbitration in accordance with the Federal Arbitration Act (Title 9, U. S. Code) (the "Act"). The Act will apply even though this Continuing and Unconditional Guaranty provides that it is governed by the law of a specified state. Arbitration proceedings will be determined in accordance with the Act, the rules and procedures for the arbitration of financial services disputes of J.A.M.S./Endispute or any successor thereof ("J.A.M.S."), and the terms of this paragraph. In the event of any inconsistency, the terms of this Section shall control. The arbitration shall be administered by J.A.M.S. and conducted in Boynton Beach, Florida. All Claims shall be determined by one arbitrator; however, if Claims exceed $5,000,000, upon the request of any party, the Claims shall be decided by three arbitrators. All arbitration hearings shall commence within 90 days of the demand for arbitration and close within 90 days of commencement and the award of the arbitrator(s) shall be issued within 30 days of the close of the heating. However, the arbitrator(s), upon a showing of good cause, may extend the commencement of the hearing for up to an additional 60 days. The arbitrator(s) shall provide a concise written statement of reasons for the award. The arbitration award may be submitted to any court having jurisdiction to be confirmed and enforced. The arbitrator(s) will have the authority to decide whether any Claim is barred by the statute of limitations and, if so, to dismiss the arbitration on that basis. For purposes of the application of the statute of limitations, the service on J.A.M.S. under applicable J.A.M.S. rules of a notice of Claim is the equivalent of the filing ora lawsuit. Any dispute concerning this arbitration provision or whether a Claim is arbitrable shall be determined by the arbitrator(s). The arbitrator(s) shall have the power to award legal fees pursuant to the terms of this Continuing and Unconditional Guaranty. This paragraph does not limit the right of the Guarantor or the Lender to: (i) exercise self- help remedies, such as but not limited to, setoff; (ii) initiate judicial or nonjudicial foreclosure against any real or personal property collateral; (iii) exercise any judicial or power of sale rights, or (iv) act in a court of law to obtain an interim remedy, such as but not limited to, injunctive relief, writ of possession or appointment of a receiver, or additional or supplementary remedies. By agreeing to binding arbitration, the parties irrevocably and voluntarily waive any right they may have to a trial by jury in respect of any Claim. Furthermore, without intending in any way to limit this Continuing and Unconditional Guaranty to arbitrate, to the extent any Claim is not arbitrated, the parties irrevocably and voluntarily waive any right they may have to a trial by jury in respect of such Claim. This provision is a material inducement for the parties entering into this Continuing and Unconditional Guaranty. No provision in this Continuing and Unconditional Guaranty regarding submission to jurisdiction and/or venue in any court is intended or shall be construed to be in derogation of the provisions of this Continuing and Unconditional Guaranty for arbitration of any controversy or claim. 17. Controlling Document. To the extent that this Guaranty conflicts with or is in any way incompatible with any other Loan Document, any promissory note shall control over any other document, and if such promissory note does not address an issue, then each other document shall control to the extent that it deals most specifically with an issue. 18. NOTICE OF FINAL AGREEMENT. THIS WRITTEN GUARANTY REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. IN WITNESS WHEREOF, the undersigned has caused this Guaranty to be executed as of the 20th day of September, 2001. · CITY OF BOYNTON BEACH, FLORIDA Mayor -- G:~02345L'12~ra guaramy (2).wpd 6 $3,000,000 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PROMISSORY NOTE, SERIES 2001 GENERAL CERTIFICATE OF THE ISSUER I, the undersigned Chairman (the "Chairman") of the Boynton Beach Community Redevelopment Agency (the "Issuer"), DO HEREBY CERTIFY as follows: 1. All of the members of the Board of Commissioners (the "Governing Body") of the Issuer have duly filed their oaths of office and such of them as are required by law to file bonds or undertakings have duly filed such bonds or undertakings in the amount and manner required by law. 2. Resolution No. 01-01 of the Issuer adopted September 11,2001 (the "Authorizing Legislation") as certified by the Secretary as of the date hereof has not been modified, amended, altered or repealed in any way after its date of adoption, and is now in full force and effect. 3. The Issuer has authorized by all necessary action the enactment and due performance of the Authorizing Legislation and the execution, delivery and due performance of the Note and the Agreement and, to the best of my knowledge, any and all such other agreements and documents as may be required to be executed, delivered and received by the Issuer to carry out, give effect to and consummate the transactions contemplated by the Authorizing Legislation. 4. No litigation is pending or, to my knowledge, threatened, in or before any agency, court or tribunal, state or federal (i) to restrain or enjoin the issuance, delivery or validity of the Note or the Agreement or (ii) in any way contesting or affecting the validity of the Note or the Agreement or the Authorizing Legislation or the application of the proceeds of the Note, or the levy or collection or distribution of the amounts pledged to repayment of the Note, or the pledge thereof as security for the Note, or (iii) contesting the power of the Issuer or its authority for the issuance of the Note or the adoption of the Authorizing Legislation or (iv) contesting the tax-exempt status of interest on the Note. 5. No litigation is pending or, to my knowledge, threatened, (i) against the Issuer or involving any of the property, assets or operations under the control of the Issuer which involves the possibility that a judgment or liability, not fully covered by insurance or adequate established reserves, may be entered or imposed against the Issuer or which may result in any material adverse change in the business, properties, assets or in the condition, financial or otherwise, of the Issuer, and (ii) which would reasonably be anticipated to have a material and adverse effect upon the security provided for the Note pursuant to the Authorizing Legislation and the Agreement. 6. No litigation is pending or, to my knowledge, threatened to contest the creation, organization, existence or corporate powers of the Issuer, or of the Governing Body, or the title to office of its present members, or the members at any time material to the issuance of the Note or the Agreement, or of any other officer of the Issuer. 7. The execution, delivery, receipt and due performance of the Note and the Agreement under the circumstances contemplated thereby and the Issuer's compliance with the provisions thereof (i) to the best of my knowledge will not conflict with or constitute on the Issuer's part a material breach of or a default under any existing State of Florida constitutional provision, law, court or administrative regulation, decree or order or (ii) will not conflict with or constitute on the Issuer's part a material breach of or a default under any agreement, indenture, bond, note, lease or other instrument to which the Issuer is subject or by which the Issuer is or may be bound, and tO the best of my knowledge no event has occurred and is continuing which with the passage of time or the giving of notice, or both, would constitute a default or event of default under any such instnament~ nor will such execution, delivery, adoption, or compliance result in the creation or imposition of any lien, charge or other security interest or encumbrance of any nature whatsoever upon any of the property or assets of the Issuer except as provided by the Note, the Agreement and the Authorizing Legislation. 8. To the best knowledge of the undersigned no members of the Governing Body have, while meeting together with any other member or members of the Governing Body other than at public meetings of the Governing Body, reached any conclusion as to the actions taken by the Governing Body with respect to the Note or the Agreement, the security therefor, qr the application of the proceeds therefrom, or any other material matters with respect to the Note or the Agreement. 9. The undersigned does not, and to the best of his knowledge and belief no member of the Goveming Body does, have or hold any employment or contractual relatibnship with any business entity which is purchasing the Note from the Issuer except as fully and fairly disclosed in compliance with the provisions of Section 112.3143, Florida Statutes. 10. The Issuer hereby certifies that the interest rate borne by the Note does not exceed the limitations set forth in Section 159.825 Florida Statutes. IN WITNESS WHEREOF, I have hereunto set my hand and have indicated my official title, all as of the 20th day of September, 2001. Official~ Chairman KURT BRESSNER CITY MANAGER BOYNTON BEACH, Fl 2 $3,000,000 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PROMISSORY NOTE, SERIES 2001 GENERAL CERTIFICATE OF THE GUARANTOR I, the undersigned City Manager (the "City Manager") of the City of Boynton Beach, Florida (the "City"), DO HEREBY CERTIFY as follows: 1. All of the members of the City Commission (the "Governing Body") of the City have duly filed their oaths of office and such of them as are required by law to file bonds or undertakings have duly filed such bonds or undertakings in the amount and manner required by law. 2. Resolution No. 01-261 of the City adopted September 19, 2001 (the "Authorizing Legislation") as certified by the Clerk as of the date hereof has not been modified, amended, altered or repealed in any way after its date of adoption, and is now in full force and effect. 3. The City has authorized by all necessary action the enactment and due performance of the Authorizing Legislation and the execution, delivery and due performance of the Guaranty (as defined in the Authorizing Legislation) and, to the best of my knowledge, any and all such other agreements and documents as may be required to be executed, delivered and received by the Issuer to carry out, give effect to and consummate the transactions contemplated by the Authorizing Legislation. 4. No litigation is pending or, to my knowledge, threatened, in or before any agency, court or tribunal, state or federal (i) to restrain or enjoin the issuance, delivery or validity of the Guaranty or (ii) in any way contesting or affecting the validity of the Guaranty or the Authorizing Legislation or (iii) contesting the power of the City or its authority for the adoption of the Authorizing Legislation. 5. No litigation is pending or, to my knowledge, threatened, against the City or involving any of the property, assets or operations under the control of the City which involves the possibility that a judgment or liability, not fully covered by insurance or adequate established reserves, may be entered or imposed against the City or which may result in any material adverse change in the business, properties, assets or in the condition, financial or otherwise, of the City. 6. No litigation is pending or, to my knowledge, threatened to contest the creation, organization, existence or corporate powers of the City, or of the Governing Body, or the title to office of its present members, or the members at any time material to the Guaranty, or of any other officer of the City. 7. The execution, delivery, receipt and due performance of the Guaranty under the circumstances contemplated thereby and the City's compliance with the provisions thereof (i) to the best of my knowledge will not conflict with or constitute on the City's part a material breach of or a default under any existing State of Florida constitutional provision, law, court or administrative regulation, decree or order or (ii) will not conflict with or constitute on the City's part a material breach of or a default under any agreement, indenture, bond, note, lease or other instrument to which the City is subject or by which the City is or may be bound, and to the best of my knowledge no event has occurred and is continuing which with the passage of time or the giving of notice, or both, would constitute a default or event of default under any such instrument, nor will such execution, delivery, adoption, or compliance result in the creation or imposition of any lien, charge or other security interest or encumbrance of any nature whatsoever upon any of the property or assets of the City except as provided by the Guaranty. 8. To the best knowledge of the undersigned no members of the Governing Body have, while meeting together with any other member or members of the Governing Body other than at public meetings of the Governing Body, reached any conclusion as to the actions taken by the Governing Body with respect to the Guaranty or any other material matters with respect to the Guaranty. IN WITNESS WHEREOF, I have hereunto set my hand and have indicated my official title, all as of the 20th day of September, 2001. Signature MOY'LE, FLANIGAN, KATZ, RAYMOND & SHEEHAN, P.A. ATTORNEYS AT LAW 625 No~h Flagler Drive = 9~ Floor West Palm Beach, Florida 33401-4025 P.O. Box 3888 West Palm Beach, Florida 33402-3888 MARK E; RAYMOND Direct Line: (561) 822-0380 ' E-marl: ~,gaymond~moylelaw. com Telephone: (561) 659-7500 Facsimile: (561) 659-1789 · September 14, 2001 Tallahassee Office (850) 681-3828 Division of Bond Finance State Board of Administration P.O. Drawer 13300 Tallahassee, Florida 32317-3300 VIA FACSINH~'.R AND CERTIFIED MAIL RE~ RECEIPT REOUESTED Boynton Beach Community Redevelopment Agency $3,000,000 Promissory Note, Series 2001 Ladies and Gentlemen: Notice is hereby given of the impending sale by Boynton Beach Community Redevelopment Agency (the "Issuer") of the above-referenced Note (the "Note") in the estimated principal amount set forth above. The Issuer expects to deliver the Note on or about September 20, 2001. Sincerely, MOYLE, FLANIGAN, KA.TZ, RAYMOND & SHBEHAN, P.A. / Mark E. Raymond / $3,000,000 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PROM/SSORY NOTE, SER/ES 2001 RECEIPT FOR NOTE Bank of America, N.A. DOES HEREBY ACKNOWLEDGE receipt from Boynton Beach CornmuniS, Redevelopment Agency of the Agency's Promissory Note, Series 2001, dated September 20, 2001, and in the aggregate principal amount of $3,000,000. DATED the 20th day of September, 200 I. BANK OF AMERICA, N.A. Its Authorized Representative MOYLE, FLANIGAN, KATZ~ RAYMOND & SHEEHAN, P.A. ATTORNEYS AT LAW 625 North Flagler Drive - 94 Floor West Palm Beach, Florida 33401-4025 P.O. Box 3888 West Palm Beach, Florida 33402-3888 Telephone: (561) 659-7500 Facsimile: (561) 659-1789 MARK E. RAYMON~ Direct Line:' (561) 822-0380 E-marl: mraymond~moylelaw, com September 20, 2001 Talla~assee Office (850) 681-3828 Division of Bond Finance State Board of Administration P.O. Drawer 13300 Tallahassee, Florida 32317-3300 CERTIFIED MA]~ RETURN RECEn~T REQUESTED Boynton Beach Community Redevelopment Agency $3,000,000 Promissory Note, Series 2001 Ladies and Gentlemen: Enclosed herewith please find Form BF-2003/2004-B for the above-referenced financing. No disclosure docUment was used for this financing. If you would like any further information in regard to this matter, please do not hesitate to call. Very truly yours, Mark E. Raymond STATE OF FLORIDA DIVISION OF BOND FINANCE LOCAL BOND MONITORING SECTION This form represents an update and compilation of the BF2003, BF2004-A and BF2004-B forms. Bond Information forms (BF2003) are required to be completed by local governments pursuant to Chapter 19A-1.003, Florida Administrative Code , (F.A.C.) . Bond Disclosure forms BF2004-A (Competitive Sale) or BF2004-B (Negotiated Sale) as required to be filed with the Division within 120 days of the delivery of the issue pursuant to Sections 218.38(1)(b)1 and 218.38(1) (c)l, Florida Statutes (F.S.), respectively. Final Official Statements, if prepared, are required to be submitted pursuant to Section 218.38(1), F.S. Please complete all items applicable to the issuer as provided by the Florida Statutes. PURSUANT TO SECTION 218.369, F.S., ISSUERS OF BOND ANTICIPATION NOTES ARE EXEMPT FROM THESE FILING REQUIREMENTS. BF2003 BOND INFORMATION FORM PART I. ISSUER INFORMATION 1. NAME OF GOVERNMENTAL UNIT: Boynton Beach Community Redevelopment Aqenc¥ 2. MAILING ADDRESS OF GOVERRMENTAL UNIT OR ITS MANAGER: 100 East Boynton Beach Blvd., Boynton Beach, Florida 33425 3. COUNTY(IES) IN WHICH GOVERNMENTAL UNIT HAS JURISDICTION: Palm Beach TYPE OF ISSUER: COUNTY INDEPENDENT SPECIAL DISTRICT SPECIFY OTHER X CITY AUTHORITY DEPENDENT SPECIAL DISTRICT PART II. BOND ISSUE INFORMATION 1. NAME OF BOND ISSUE: Promissory Note, Series 2001 9. a. 2. AMOUNT ISSUED: $'3,000,000 4. DATED DATE: 9/20/01 5. SALE DATE: 9/20/01 7. LEGALAUTHORITY FOR ISSUANCE: FLORIDA STATUTES Ch. 163 SPECIAL ACTS OTHER 8. TYPE OF ISSUE: GENERAL OBLIGATION SPECIAL ASSESSMENT OBLIGATION X REVENI/E COP(CERTIFICATE OF PARTICIPATION) BANK LOAN/LINE OF CREDIT IS THIS A PRIVATE ACTIVITY BOND (PAB)? YES X 1. IF YES, DID THIS ISSUE RECEIVE A PAB ALLOCATION? 2. IF YES, AMOUNT OF ALLOCATION: $ 10. SPECIFIC REVENI/E(S) PLEDGED: (1) PRIMARY Tax Increment Revenues 3. AMOUNT AUTHORIZED:S3,000,000 6. DELIVERY DATE: 9/20/01 SPECIAL LEASE-PURCHASE NO YES NO (2) SECONDARY (3) OTHER (S) il. A. PURPOSE(S) OF THE ISSUE: (1) PRIMARY Community R~d~velopment Improvements (2) SECONDARY (3) OTHER (S) B. IF PURPOSE IS REFUNDING, COMPLETE THE FOLLOWING: (1) FOR EACH ISSUE REFUNDED LIST: NAME OF ISSUE, DATED DATE, ORIGINAL PA/tVALUE (PRINCIPAL AMOUNT) OF ISSUE, AND AMOUNT OF PAR VALUE (PRINCIPAL AMOUNT REFUNDED.) (2) REFUNDED DEBT HAS BEEN: RETIRED OR DEFEASED (3) A. DID THE REFUNDING ISSUE CONTAIN NEW MONEY? YES NO B. IF YES, APPROXIMATELY WI{AT PERCENT OF PROCEEDS IS NEW MONEY? __% 12. TYPE OF SA/~E: PLACEMENT COMPETITIVE BID NEGOTIATED X NEGOTIATED PRIVATE 13. BASIS OF INTEREST RATE CALCULATION, I.E., INTEREST ~ATE USED TO STRUCTURE THE BOND ISSUE: NET INTEREST COST RATE (NIC) -% TRUE INTEREST COST RATE (TIC) 6.56% CANADIAN INTEREST COST RATE (CIC) __% ARBITRAGE YIELD (ARBI) % SPECIFY OTHER: 14. INSURANCE/~CEMENTS: HUD MBIA NGM X NOT INSURED AGIC AMBAC CGIC CLIC FGIC LOC(LETTER OF CREDIT) SPECIFY OTHER FSA 15. RATING (S): MOODY' S S&P FITCH X NOT RATED DUFF&PHELPS SPECIFY OTHER 16. DEBT SERVICE SCHEDULE: ATTACH COMPLETE COPY OF SCHEDULE PROVIDING THE FOLLOWING INFORML%TION: MATURITY DATES (MO/DAY/YR) COUPON/INTEREST RATES ANNUAL INTEREST PAYMENTS PRINCIPAL (PAR VALUE) PAYMENTS MANDATORY TERM AMORTIZATION 17. LIST OR ATTACH OPTIONAL REDEMPTION PROVISIONS: May be prepaid at any tim~ in whole or in part 18. PROVIDE THE NAME AND ADDRESS OF T~rE SENIOR MANAGING UNDERWRITER OR SOLE PURCHASER. Bank of America, N.A. ~25 North Flaqler Drive; 10th Floor West Palm Beach, Florida 33401 2 19. PROVIDE THE NAME (S) AND ADDRESS (ES) OF ANY ATTORNEY OR FINANCII%L CONSULTANT WHO ADVISED THE UNIT OF LOCAL GOVERNMENT WITH RESPECT TO THE BOND ISSl/E. NO BOND COUNSEL X NO FINANCIAL ADVISOR NO OTHER PROFESSIONALS BOND COUNSEL(S): Mark Raymond, Esq. Movle. Flaniqan, Katz, Raymond & Sheehan, P.A. 625 North Flaqler Drive, 9th floor West Palm Beach, FL 33401 FINANCIAL ADVISOR (S) /CONSULTANT (S): OTHER PROFESSIONALS: James A. Cherof, Esq. Goren, Cherof, Dood¥ & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 20. PAYING AGENT X NO PAYING AGENT 21. REGISTRAR X NO REGISTRAR 22. COMMENTS: None PART III. RESPONDENT INFORMATION FOR ADDITIONAL INFORMATION, THE DIVISION SHO~ CONTACT: Name and Title' Mark E. Raymond, Bond Counsel Phone 561-822-0380 Company Movle. Flaniqan, Katz, Raymond & Sheehan, P.A. INFORMATION RELATING TO PARTY COMPLETING THIS FORM (If different from above): Name and Title Phone Company Date Report Subm/tted 9/20/0[ BF2004-A and BF2004-B Note: THE FOLLOWING ITEMS ARE REQUIRED TO BE COMPLETED IN FULL FOR ALL BOND ISSUES EXCEPT THOSE SOLD PURSUART TO SECTION 154 PART III; SECTIONS 159 PARTS II, III OR V; OR SECTION 243 PART II, FLORIDA STATUTES. 23. ANY FEE, BONUS, OR GRATUITY PAID BY ANYUNDERWRITER OR FINANCIAL CONSULTANT, IN CONNECTION WITH THE BOND ISSUE, TO ANY PERSON NOT REGULARLY EMPLOYED OR ENGAGED BY SUCH UNDERWRITER OR CONSULTANT: ..X NO FEE, BONUS OR GRATUITY PAID BY UNDERWRITER OR FINANCIAL CONSULTANT (1) COMPANY NAME FEE PAID: $. SERVICE PROVIDED or FUNCTION SERVED: (2) COMPANY NAME FEE PAID: $. (3) COMPANY NAME FEE PAID: $ SERVICE PROVIDED or FUNCTION SERVED: SERVICE PROVIDED or FUNCTION SERVED: (4) COMPANY NAME FEE PAID: $ SERVICE PROVIDED or FUNCTION SERVED: 24. ANY OTHER FEES PAID BY THE UNIT OF LOCAL GOVER/THENT WITH RESPECT TO THE BOND ISSUE, INCLUDING ANY FEE PAID TO ATTORNEYS OR FINANCIAL CONSULTANTS: NO FEES PAID BY ISSUER (1) COMPANY NAME FEE PAID: $ 2,000.00 (2) COMPANY NAME Mo¥1e, Flaniqan, Katz, Raymond & Sheehan, P.A. SERVICE PROVIDED or FUNCTION SERVED: Bond Counsel FEE PAID:$. SERVICE PROVIDED or FUNCTION SERVED: (3) COMPANY NAME Stoneburner Berry & Simmons, P.A. FEE PAID: $ 2,500.00 SERVICE PROVIDED or FUNCTION SERVED: Bank Counsel (4) COMPANY NAME FEE PAID: $ SERVICE PROVIDED or FUNCTION SERVED: PLEASE PROVIDE THE SIGNATURE OF EITHER THE CHIEF EXECUTIVE OFFICER OF THE TITLE: Chairman \ ~ - DATE: "9/20/01 ~~ KURT BRESSNER ~11 ¥ MANAGER BF2OO4-B BOYNTON BEACH. FL ~T~s 2s ~ 26 ~sT B~. CO~.ETED FOR AL~. BOWS SO~O BY ~r~mOT~ED SALE 25. MANAGEMENT FEE CHARGED BY IINDERWRITER: OR PRIVATE PLACEMENT FEE: $1,500.00 PER THOUSAND PAR VALUE. NO F2tNAGEMENT FEE OR PRIVATE PLACEMENT FEE 26. UNDERWRITER'S EXPECTED GROSS SPREAD: PER THOUSAND PAR VALUE. X NO GROSS SPREAD PART IV. RETURN THIS FOP. M AND THE FINAL OFFICIAL STATEMENT, IF ONE WAS PREPARED TO: Courier Deliveries: Mailing Address: Division of Bond Finance Division of Bond Finance State Board of Administration State Board of Administration 1801 Hermitage Blvd., Suite 200 P.O. Drawer 13300 Tallahassee, FL 32308 Tallahassee, FL 32317-3300 Phone: 904/488-4782 FAX: 904/413-1315 REVISED Feb. 1996/bf0304/ COMMERCIAL REAL ESTATE AMORTTZA TION (FIXED PA YMENT) : INPU'I': AMOUNT: FIXED INTEREST RATE: NUMBER OF AMORTIZED PAYMENTS: $3,000,000 6.56% 30 AMOUNT OF PAYMENT: $ 158,649.14 IAYMENT REMAINING AMOUNT OF TOTAL PMTS INTEREST PRINCIPAL INTEREST PAID UMBER PAYMENT PAYMENT TO DATE BALANCE THIS PAYMENT YEARLY Beginning Balance ...................................... $ 3,000,000.00 N/A 1 $ 98,400.00 $ 60,249.14 $ 98,400.00 $ 2,939,750.86 $ 158,649.14 2 $ 96,423.83 $ 62,225.31 $ 194,823.83 $ 2,877,525.55 $ 158,649.14 $ 317,298.28 3 $ 94,382.64 $ 64,266.30 $ 289,206.67 $ 2,813,259.25 $ 158,649.14 4 $ 92,274.90 $ 66,374.23 $ 381,481.57 $ 2,746,885.02 $ 158,649.14 $ 317,298.28 5 $ 90,097.83 $ 68,551.31 $ 471,579.40 $ 2,678,333.71 $ 158,649.14 6 $ 87,649.35 $ 70,799.79 $ 559,428.74 $ 2,607,533.91 $ 158,649.14 $ 317,298.28 7 $ 85,527.11 $ 73,122.03 $ 644,955.86 $ 2,534,411.89 $ 158,649.14 8 $ 83,128.71 $ 75,520.43 $ 728,084.57 $ 2,4.58,891.46 $ 158,649.14 $ 317,298.28 9 $ 80,651.64 $ 77,997.50 $ 808,736.21 $ 2,380,893.96 $ 158,649.14 10 $ 78,093.32 $ 80,555.82 $ 886,829.53 $ 2,300,338.15 $ 158,649.14 $ 317,298.28 11 $ 75,451.09 $ 83,198.05 $ 962,280.62 $ 2,217,140.10 $ 158,649.14 12 $ 72,722.20 $ 85,926.94 $' 1,035,002.81 $ 2,131,213.16 $ 158,649.14 $ 317,298.28 13 $ 69,903.79 $ 88,745.35 $ 1,104,906.61 $ 2,042,467.81 $ 158,649.14 14 $ 66,992.94 $ 91,656.19 $ 1,171,899.55 $ 1,950,811.61 $ 158,649.14 $ 317,298.28 15 $ 63,986.62 $ 94,662.52 $ 1,235,886.17 $ 1,856,149.10 $ 158,649.14 16 $ 60,881.69 $ 97,767.45 $ 1,296,767.86 $ 1,758,381.65 $ 158,649.14 $ 317,298.28 17 $ 57,674.92 $ 100,974.22 $ 1,354,442.78 $ 1,657,407.43 $ 158,649.14 18 $ 54,362.96 $ 104,286.17 $ 1,408,805.74 $ 1,553,121.25 $ 158,649.14 $ 317,298.28 19 $ 50,942.38 $ 107,706.76 $ 1,459,748.12 $ 1,445,414.49 $ 158,649.14 20 $ 47,409.60 $ 111,239.54 $ 1,507,157.72 $ 1,334,174.95 $ 158,649.14 $ 317,298.28 21 $ 43,760.94 $ 114,888.20 $ 1,550,918.65 $ 1,219,286.75 $ 158,649.14 22 $ 39,992.61 $ 118,656.53 $ 1,590,911.26 $ 1,100,630.22 $ 158,649.14 $ 317,298.28 23 $ 36,100.67 $ 122,548.47 $ 1,627,011.93 $ 978,081.75 $ 158,649.14 24 $ 32,081.08 $ 126,568.06 $ 1,659,093.01 $ 851,5;13.69 $ 158,649.14 $ 317,298.28 25 $ 27,929.65 $ 130,719.49 $ 1,687,022.66 $ 720,794.20 $ 158,649.14 26 $ 23,642.05 $ 135,007.09 $ 1,710,664.71 $ 585,787.12 $ 158,649.14 $ 317,298.28 27 $ 19,213.82 $ 139,435.32 $ 1,729,878.53 $ 446,351.79 $ 158,649.14 28 $ 14,640.34 $ 144,008.80 $ 1,744,518.87 $ 302,343.00 $ 158,649.14 $ 317,298.28 29 $ 9,916.85 $ 148,732.29 $ 1,754,435.72 $ 153,610.71 $ 158,649.14 30 $ 5,038.43 $ 153,610.71 $ 1,759,474.15 $ (0.00) $ 158,649.14 $ 317,298.28 $3,000,000 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PKOMISSOKY NOTE, SERIES 2001 DISCLOSURE STATEMENT OF BANK OF AMERICA, N.A. September 20, 2001 Boynton Beach Community Redevelopment Agency Ladies and Gentlemen: Pursuant to the provisions of Section 218.385, Florida Statutes, as amended, the Original Purchaser is providing the following information with respect to the arrangements made for the purchase of the above referenced Note. We represent to you as follows: (a) The nature and estimated amounts of expenses to be incurred by the Original Purchaser in connection with the issuance and sale of the Note is $0. Co) There were no "finders," as defined in Section 2 ! 8.386, Florida Statutes, as amended, in connection with the issuance of the Note. (c) A discount or fee is expected to be realized by the Original Purchaser in the amount of $1,500.00. (d) No management fee will be charged by the Original Purchaser. (e) No fee, bonus or other compensation will be paid by the Original Purchaser in connection with the issuance of the Note to any person not regularly employed or retained by the Original Purchaser. (f) The name and address of the Original Purchaser is: Bank of America, N.A. 9000 Southside Boulevard Bldg. 100 Jacksonville, Florida 32256 (g) The Agency is proposing to issue $3,000,000 of debt on a revolving basis for the purpose of financing community redevelopment projects. This debt is expected to be repaid over a period of approximately 15 years. At an interest rate of 6.56% per annum, total interest paid over the life of the debt will be approximately $1,759,474.15. The source of repayment or security for the Note is tax increment revenues of the Agency. Authorizing this debt could result in an average of $317,298.27 of revenues of the Agency not being available for other uses by the Agency each year for 15 years. Very truly yours, BANK OF AMERICA, N.A. Authorized Officer 2 SAMUEL $. GOREN JAMES A. CHEROF DONALD J. DOODY KERRY L. EZROL MICHAEL D. CIRULLO, JR. GOREN, CHEROF, DOODY & EZROL, P.A. ATTORNEYS AT LAW SUtTE 200 3099 EAST COMMERCIAL SOIJ[,EVARD FOKT LAUDERDALE, FLORIDA 33308 TELEPHONE (954) 771-4500 FACSIMILE (954) 771-4923 JULIE F. KLAHR LINDSEY A. PAYNE NANCY R. KRAMER DAVID N. TOLCES STEVEN L. JOSIAS, OF COUNSEl. September 20, 2001 Barn'< of America, N.A. West Palm Beach, Florida Re: $3,000,000 Boynton Beach Community Redevelopment Agency Promissory Note, Series 2001 Ladies and Gentlemen~ I have acted as Attorney to the Boynton Beach Community Redevelopment Agency in connection with the issuance by the Issuer of its $3,000,000 Promissory Note, Series 2001, dated September 20, 2001 (the "Note"). In such capacity, I have examined originals or copies certified or otherwise identified to my satisfaction of: (i) Resolution No. 01-01 of the Issuer, adopted on September 11, 2001 (the "Resolution"), (ii) the Note and (iii) the Loan Agreement, dated September 20, 2001, between the Issuer and Bank of America, N.A., (the "Agreement"). I have also acted as attorney to the City of Boynton Beach, Florida (the "City'') in connection with the Guazaaty of the CRA Note (the "Guaranty") dated September 20, 2001 under which the City guarantees the obligations of the Issuer under the Note. In such capacity, I have examined originals or copies certified or othen~se identified to my satisfaction of: (i) Resolution No. 01-261of the Issuer, adopted on September 19, 2001 (the "City Resolution") and (ii) the Guaranty. In rendering the opinions set forth herein, I have also reviewed the Constitution and laws of the State of Florida, particularly Part KI, Chapter 163, Florida Statutes (the "Act"), and such other laws, documents, proofs md proceedings as I have deemed necessary as a basis for the opinions hereinafter expressed.. All term~ used herein in capitalized form and not othenvise deKued herein shall have the same meamug as ascribed to them in the Resolution. Based upon the foregoing, ! am of the opinion that: 1. The Issuer is a public body corporate and politic of the State of Florida duly organized and validly existing as a community redevelopment agency under the Constitutidn and Page 2 laws of the State of Florida. The City is a municipality duly organized and existing under the laws of the State of Florida. 2. The Resolution, Agreement and Note have been duly authorized, adopted (in the case of the Resolution), executed and delivered by the Issuer and constitute legal, valid and binding agreements of the Issuer enforceable in accordance with their respective terms except to the extent that the enforceability of the rights and remedies set forth therein may be limited by bankruptcy, insolvency or other laws affecting creditors' rights generally and by the availability of equitable remedies or public policy. 3. All approvals, consents and orders or any filings with any governmental authority or agency which would constitute a condition precedent to the issuance of the Note, the adoption of the Resolution or the City Resolution or the execution and delivery of or the performance by the Issuer or City of their obligations under the Agreement, the Note, the Guaranty, the City Resolution and the Resolution have been obtained or made and any consents, approvals and orders so received or filings so made are in full force and effect; provided, however, that no representation is made concerning compliance with the federal securities laws or the securities or Blue Sky laws of the various states. 4. The adoption and performance by the City of the City Resolution and the Issuer of the Resolution and the authorization, execution, delivery and performance of the Agreement, the Guaranty and the Note and any other agreement or instrument to which the Issuer or City is a party, used or contemplated for use in consummation of the transactions contemplated by the Resolution, the Agreement, the Guaranty and the Note, and compliance with provisions of each such instrument, do not and will not conflict with, or constitute or result in a violation or breach of or a default under, the Constitution of the State of Florida, or any existing law, administrative regulation, rule, decree or order, state or federal, or, to the best of my knowledge, a material provision of any agreement, indenture, mortgage, lease, note or other agreement or instrument to which the Issuer or the City or its or their properties or any of the officials of the Issuer or City as such is subject or result in the creation or imposition of any prohibited lien, charge or encumbrance of any nature whatsoever upon any of the revenues, property or assets of the Issuer or City, including without limitation the Pledged Revenues, under the terms of the Constitution of the State of Florida, any law, or to the best of my knowledge, any instrunaent or agreement. 5. No litigation or other proceedings are pending or, to the best of my knowledge, threatened in any court or other tribunal, state or federal, (a) restraining or enjoining, or seeking to restrain or enjoin, the issuance, sale, execution or delivery of any of the Note or the execution, delivery and performance of the Agreement or the Guaranty; or (b) in any way questioning or affecting (i) the validity or enforceability of the Note or the Guaranty, or (ii) any proceedings of the Issuer or City taken with respect to the issuance or sale of the Note or execution of the Guaranty, or (iii) the adoption of the Resolution or the City Resolution, or (iv) the pledge of the Pledged Revenues pursuant to the Agreement, or (v) the existence or powers of the Issuer or City, or (vi) the title to office of the members of the Board of Commissioners of the Issuer'or th~ City Page 3 Commission of the City;, or (c) in any way questioning or affecting the authority for the issuance and sale of the Note, or of any provision, program or transactions made or authorized for its payment; or (d) questioning or afirecting the power and authority of the Issuer to issue the Note, adopt the Resolution and impose or collect the Pledged Revenues; or (e) which would have a material adverse effect upon the operations of the Issuer or the contemplated use of the proceeds of the Note. 6. The City Resolution was duly adopted by the City Commission of the City. The Guaranty has been duly authorized, executed and delivered by the City and constitutes the legal, valid and binding agreement of the City enforceable in accordance with its terma except to the extent that the enforceability of the fights and remedies set forth there in may be limited by bankruptcy, insolvency or other laws affecting creditors' rights generally and by the availability of equitable remedies or public poliCY~e~~ 3A mS A. C ROF 3AC/imf H:\1990L900182.BB~'TTER~CRA Note Opinion Lit. doc September 20, 2001 $3,000,000.00 BOYNTON BEACH COMMIJNIT Y REDEVELOPMENT AGENCY PROMISSORY NOTE KNOW ALL MEN BY THESE PRESENTS that the Boynton Beach Community Redevelopment Agency (the "Issuer"), a public body corporate and politic created and existing pursuant to the Constitution and the laws of the State of Florida, for value received, promises to pay from the sources hereinafter provided, to the order of Bank of America, N.A. or registered assigns (hereinafter, the "Owner"), the principal sum of $3,000,000.00, together with interest on the principal balance outstanding at the rate per annum of 6.56% per annum based upon a year of 360 days for the actual number of days elapsed. Principal of and interest on this Note are payable in lawful money of the United States of America at Such place as the Owner may designate to the Issuer in writing. The principal of and interest on this Note shall be payable in thirty equal installments of $158,649.14 each, due and payable on the 20th day of each March and September, commencing March 20, 2002, until all unpaid principal hereon shall have been paid in full. The entire unpaid principal balance, together with all accrued and unpaid interest hereon, shall be unconditionally due and payable in full on September 20, 2016 (the "Maturity Date"). If any date for the payment of principal and interest hereon shall fall on a day which is not a Business Day (as defined in the Loan Agreement (hereinafter defined)) the payment due on such date shall be due on the next succeeding day which is a Business Day, but the Issuer shall not receive credit for the payment until it is actually received by the Owner. All payments by the Issuer pursuant to this Note shall apply first to accrued interest, then to other charges due the Owner, and the balance thereof shall apply to principal. The principal of and interest on this Note may be prepaid at the option of the Issuer in whole, or in part, at any time. Prepa)maents of principal shall be applied to the scheduled installments of principal hereon in inverse order of maturity. If there is a prepayment of any principal, whether at the option of the Issuer or because of acceleration, the prepayment shall be accompanied by the amount of accrued interest on the amount prepaid, and a prepayment fee. The prepayment fee shall be in an amount sufficient to compensate the Owner for any loss, cost or expense incurred by it as a result of the prepayment, including any loss of anticipated p.rofits and any loss or expense arising from the liquidation or re-employment of funds obtained by it to maintain the credit or from fees payable to terminate the deposits from which such funds were obtained. The Issuer shall also pay any customary administrative fees charged by the Owner in connection with the foregoing. For purposes of this paragraph, the Owner shall be deemed to have funded the loan evidenced by this Note by a matching deposit or other borrowing in the applicable interbank market, whether or not the l'oan was in fact so funded. 3Z3 Upon the occurrence of an Event of Default (as defined in the hereinafter defined Loan Agreement) the Owner may declare the entire debt then remaining unpaid hereunder immediately due and payable; and in any such default and acceleration, the Issuer shall also be obligated to pay (but only from the Pledged Revenues) as part of the indebtedness evidenced by this Note, all costs of collection and enforcement hereof, including such reasonable attorneys' fees as may be incurred on appeal or incurred in any proceeding under bankruptcy laws as they now or hereafter exist, including specifically but without limitation, claims, disputes, and proceedings seeking adequate protection or relief from the automatic stay. If any payment hereunder is not made within ten days after it is due, then the Issuer shall also be obligated to pay as part of the indebtedness evidenced by this Note a late payment fee in the amount of 5% of the delinquent payment, which late payment fee shall be due and payable immediately. Upon the occurrence of and during the continuation of an Event of Default, the interest rate on this Note shall be increased to the lesser of 18% per annum or the maximum rate permitted by law. The Issuer to the extent permitted by law hereby waives presentment, demand, protect and notice of dishonor. THIS NOTE AND THE INTEREST HEREON CONSTITUTES A LIMITED INDEBTEDNESS OF THE ISSUER. THE PRINCIPAL OF AND INTEREST ON THIS NOTE AND ALL OTHER AMOUNTS PAYABLE BY THE ISSUER HEREUNDER Al:CE PAYABLE SOLELY FROM CERTAIN PLEDGED REVENUES IN THE MANNER DESCRIBED IN THE LOAN AGREEMENT. This Note is issued pursuant to a Resolution duly adopted by the Issuer on September 11, 2001, as from time to time amended and supplemented (herein referred to as the "Resolution") and a Loan Agreement, dated of even date herewith, between the Issuer and the Owner (the "Loan Agreement"), and is subject to all the terms and conditions of the Resolution and Loan Agreement. All terms, conditions and provisions of the Resolution and Loan Agreement are by this reference thereto incorporated herein as a part of this Note. Terms used herein in capitalized form and not otherwise defined herein shall have the meanings ascribed thereto in the Resolution and Loan Agreement. This Note may be exchanged or transferred by the Owner hereof but only upon the registration books maintained by the Issuer and in the manner provided in the Loan Agreement. It is hereby certified, recited and declared that all acts, conditions and prerequisites required to exist, happen and be performed precedent to and in the execution, delivery and the issuance of this Note do exist, have happened and have been performed in due time, form and manner as required by law, and that the issuance of this Note is in full compliance with and does not exceed or violate any constitutional or statutory limitation. 2 IN WITNESS WHEREOF, Boynton Beach Community Redevelopment Agency has caused this Note to be executed in its name by the manual signature of its Chairman this 20th day of September, 2001. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Chau-man FUNDING INSTRUCTION LETTER Bank of America, N.A. Commercial Banking 625 North Flagler Drive West Palm Beach, FL 33401 Ladies and Gentlemen: You are hereby requested, authorized and directed to fund the Loan under the Loan Agreement dated September 20, 2001 in the following manner: Please pay our attorney's legal fees and expenses in the mount of $2,000.00 as follows: Moyle, Flanigan, Katz, Raymond & Sheehan, P.A. Bank of America Account Number: 1600160212 Credit Account: Moyle, Flanigan, Katz, Raymond & Sheehan, P.A., Firm Account Please pay your attorney's legal fees and expenses in the amount of $2,500.00 by crediting their Bank of America, N.A. account. 3. Please withhold $1,500.00 to pay your commitment fee. 4. Please credit the balance, $2,994,000.00, to us as follows: Bank of Americ, a, N.A. Acct. # 1611435311 City of Boynton Beach Treasurer's Fund Dated as of September 20, 2001 BOYNTON BEAC~ COMMUNITY REDEVELOPMENT AGENCY /~ / / Its: Chairman KURI BRESSNER CITY MANAGER BOYNTON BEACH, FL G: 02.14 ~L12~all closing docs(3).wpd VIII. New Business: A. Consideration of a Contract for Services for the CRA Signage Program Memo To: From: Subject: Date: CRA Board Douglas Hutchinson CRA Signage Contract October 2, 2002 Please find attached the proposed CRA contract with Pathway for the three phased signage program. Each phase is separate and is at the option of the Board to move ahead. Please review and comment. Staff would like to proceed with the project with any Board changes noted, unless major issues arise. Please note that I think that the cost of $3,000 for graphic design using our beginning art work it very high. We may want to counter offer at $750 to $1,000. Also note that a prototype sign is included. This will be important for presentation to developers, the community, the city, etc., therefore I think it will be money well spent. AGREEMENT BETWEEN CITY OF BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY AND GUIDANCE PATHWAY SYSTEMS INC. FOR PROFESSIONAL SERVICES PROJECT: Create, Design, Plan, Engineer, Manufacture and Install a Comprehensive Sign System for the City of Boynton Beach Community Redevelopment Agency: AGREEMENT THIS AGREEMENT made and entered into this __ day of , by and between Guidance Pathway Systems, Inc., hereinafter referred to as "CONSULTANT" and the City of Boynton Beach Community Redevelopment Agency of Florida together hereinafter referred to as "CBB CRA", for and in consideration of the following terms, conditions and covenants. 1. PURPOSE OF AGREEMENT CBB CRA intends to enter into an agreement with CONSULTANT to provide Professional and Manufacturing Services and the payment for those services by CBB CRA as set forth below. This agreement shall consist solely and entirely of the Agreement that supersedes any previous Agreement or understanding. This agreement includes all agreed upon terms and conditions. 2. SCOPE OF SERVICES CBB CRA intends to enter into a phased agreement with CONSULTANT for provision of professional services as follows: A Comprehensive Sign System for the City of Boynton Beach Community Redevelopment Agency: Phase I Phase II Phase III Create, Design, Plan, Engineer Manufacture Install The CONSULTANT agrees it will perform those professional services for the fees and costs stipulated below. The detailed scope of services is identified in Exhibit A, herein. The fees and costs for the scope of services performed and products to be provided in the phases as identified are described in detail in Exhibit B, herein. 3. AGREEMENT PROVISIONS 3.1 Time of Performance' Services under this Agreement shall begin within ten (10) days upon CONSULTANT'S receipt of a written Notice to Proceed. CONSULTANT agrees AGREEMENT PAGE ! 3.2 3.2.1 3.2.2 3.2.3 3.3 3.3.1 to complete this agreement per a mutually agreed deployment schedule, subject to the provision of this Agreement. During this period, CONSULTANT agrees to provide services as required by CBB CRA within the scope of the Agreement. CONSULTANT further agrees to submit written reports as required by CBB CRA relating to the activities performed by the CONSULTANT hereunder. In the event the services are not completed within the contemplated time frame through no fault (by third parties) of the CONSULTANT, the term of this Agreement may be extended by mutual agreement of the CONSULTANT and the CBB CRA. Compensation and Method of Payment Fee and Compensation Schedule The CBB CRA shall compensate the CONSULTANT for performing these services and providing products as identified in 'Exhibit B Schedule of Fees and Costs"-Create, Design, Plan, Engineer, Manufacture and Install for The City of Boynton Beach Community Redevelopment Agency, Florida. Invoices CONSULTANT shall submit invoices to the CBB CRA no later than the 30th day of the month for work accomplished and identified in Exhibit B under this Agreement. Reimbursable Expenses CONSULTANT shall 'be reimbursed for out of pocket expenses directly chargeable to the project, at actual cost incurred. Reimbursable expenses will include travel, lodging and meals only when traveling at the CBB CRA'S request and on their behalf with prior approval. These expenses shall conform to rates and allowances set forth in, Florida Statutes regarding per diem and traveling expenses. Identifiable communication expenses, reproduction costs, and special accounting expenses not applicable to general overhead shall be reimbursed at actual cost. The total cost of the reimbursable expenses to be paid by the CBB CRA pursuant to this section shall not exceed $3500.00. Additional Services Requests for Additional Services The undertaking by the CONSULTANT to perform professional services defined within this Agreement is only for those services specifically described herein. Upon the request of the CBB CRA, the CONSULTANT may agree to perform additional services hereunder; the CBB CRA shall pay the CONSULTANT for the performance of such additional services an amount (in addition to all other AGREEMENT PAGE 2 3.3.2 3.3.3 3.3.4 amounts payable under this Agreement) based on both an hourly fee in accordance with CONSULTANT'S current professional fee schedule, and additional fee or product price schedules as provided by the CONSULTANT, plus reimbursable expenses so incurred by the CONSULTANT; unless a lump sum addendum to Agreement is executed by the parties to this Agreement which addresses the additional services. No additional services shall be provided unless specifically approved in advance and in writing by the CBB CRA. Changes in Scope/Conditions Additional Services shall include revisions to work previously performed that are required because of a change in the data or criteria furnished to the CONSULTANT. It can include a change in the scope of concept of the project initiated by the CBB CRA, or services that are required by changes in the requirements of public agencies, after work under this Agreement has commenced. Use of Work, Documents and Names. Ownership of Original Documents All original documents, including, but not limited to drawings, sketches, specifications, instructions, maps, as built drawings, reports, test reports, etc. that result from the CONSULTANT'S services pursuant to this Agreement remain the sole property of the CBB CRA and are not intended or represented to be suitable for re-use by the CBB CRA or others. 3.3.5 3.3.6 Use of Reproducible Copies If requested as a service, the CBB CRA will be provided with a set of AUTO CAD compatible digital and/or reproducible copies of any maps and/or drawings prepared by the CONSULTANT. In consideration the CBB CRA agrees that no additions, deletions, changes or revisions shall be made to same without the express written consent of the CONSULTANT. Any re-use without written verification of adaptation by the CONSULTANT mandates that the CBB CRA indemnify and hold the CONSULTANT harmless from all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting therefrom. Photographs Photographs of any completed project embodying the services of the CONSULTANT provided hereunder may be made by the CONSULTANT and shall be considered as its property, and may be used by it for publication. AGREEMENT PAGE 3 3.3.7 Use of CONSULTANT'S Work 3.4 3.4.1 3.5 3.5.1 3.5.2 Reports, recommendations, specifications, drawings, technical data, sketches and any information prepared or furnished to the CBB CRA by the CONSULTANT are the property of, and for exclusive use by the CBB CRA as deemed appropriate. Without prior written approval of CBB CRA, CONSULTANT shall not use specific written project data for any other purpose than the performance of work contemplated by the Agreement. Termination Termination For Cause. CBB CRA may terminate this agreement for cause, giving thirty- (30) day's prior written notice in the event of default by the CONSULTANT. In such event, CBB CRA shall be liable for the dollar amount due for all for all CONSULTANTS services performed prior to the date stated in the notice upon which such cancellation becomes effective. For Convenience. Either party may at any time terminate the agreement in whole or in part for its convenience upon thirty (30) days written notice in which event CONSULTANT 'shall be entitled to recover for all its services performed prior to the date stated in the notice upon which such cancellation becomes effective, together with its reasonable extra costs incurred by reason of the cancellation. No amount shall be allowed for anticipated profit on unperformed services. Obligations of the CBB CRA Data to be furnished The CBB CRA shall provide CONSULTANT with all data, studies, surveys, plans and all other pertinent information concerning the Project in the possession of the CBB CRA upon request. Designated Representative The CBB CRA and the CONSULTANT shall designate a representative. That person for the CBB CRA is Mr. Douglas Hutchinson, CBB CRA Executive Director and for the CONSULTANT Mr. Richard Golber, President. AGREEMENT PAGE 4 3.6 3.6.1 3.6.2 3.6.3 3.7 3.7.1 3.7.2 Parties Bound by Agreement Parties to the Agreement The parties bound by this Agreement are the CONSULTANT and the CBB CRA Assignment of Interest in Agreement This Agreement and any interest associated with this Agreement may not be assigned, sublet or transferred by either party without the prior written consent of the other party. CONSULTANT agrees to perform all the consulting, evaluations, reports, and other services furnished by CONSULTANT as specified in the Agreement as an independent CONSULTANT and not as a Sub-CONSULTANT, agent, or employee of CBB CRA. No such approval shall relieve CONSULTANT from any of its obligations or liabilities under the Agreement. Nothing contained herein shall be construed to prevent CONSULTANT from employing such independent CONSULTANTS, associates and sub- CONSULTANTS, as CONSULTANT may deem appropriate to assist in the performance of the services hereunder. Rights and Benefits Nothing herein shall be construed to give any rights or benefits arising from this Agreement to anyone other than CONSULTANT and the CBB CRA. Professional Standards Standard of Performance CONSULTANT shall perform all work in a good, professional, and competent manner in conformity with all applicable professional standards based on the requirements of the Agreement. Other Agreements CONSULTANT is entering into this Agreement with the understanding that the CBB CRA has no other agreements, either written or oral, for professional services relating to this specific project which include any of those services within the Scope of Services defined herein. Approvals Not Guaranteed All work performed by CONSULTANT will be in accordance with the highest professional standards and in accordance with all applicable governmental regulations. However, CONSULTANT does not warrant or represent that any AGREEMENT 3.7.3 3.7.4 3.8 3.8.1 governmental approval will be obtained, only that the CONSULTANT will exercise its best efforts to obtain all such approvals contemplated under this Agreement. Governmental Regulations Affecting Land Use Unless the Scope of Services of this Agreement includes an investigation into the applicable land use, zoning and platting requirements for the Project, CONSULTANT shall proceed on the assumption that the Project as presented by the CBB CRA, is in accordance with all applicable governmental regulations. Opinions of Cost Does not apply. Insurance and Hold Harmless Provisions. Insurance Requirements. CONSULTANT shall procure and maintain insurance, in the amounts set forth below, for protection from claims under worker's compensation acts, claims for damages because of bodily injury including personal injury, sickness or disease or death of any and all employees or of any person other than such employees, and from claims or damages because of injury to or destruction of property including loss of use resulting therefrom. The CBB CRA shall be included as an additional insured, and will be provided thirty (30) days written notice of cancellation, non-renewal or substantial coverage revision. COVERAGES Workers' Compensation Florida Statutory Coverage and Employer's Liability (includin~l appropriate Federal Acts) $500,000 B Comprehensive General Liability $1,000,000 Products B Completed Operations Business Auto Liability All autos owned, hired, or used Professional Liability Excess or Umbrella Liability SCHEDULE MINIMUMS $100,000 B each accident $100,000 B each employee policy limit for disease B bodily injury each occurrence B bodily injury aggregate B property damage each $1,000,000 $1,000,000 occurrence $1,000,000 B property damage aggregate $1,000,000 B aggregate Same as Comprehensive General Liability Same as Comprehensive General Liability Optional An insurer holding a current certificate of authority pursuant to Florida Statutes shall write insurance. Prior to commencing any work on the agreement or agreement, certificates of insurance, approved by the CBB CRA, evidencing the maintenance of said insurance should be furnished to the project manager. The certificates shall provide that no material alteration or cancellation, including AGREEMENT PAGE 6 3.8.2 3.8.3 3.8.4 3.10 3.11 expiration and non-renewal, shall be effective until thirty (30) days after receipt of written notice by the CBB CRA. All coverage shall name the CBB CRA as an additional insured. Receipt of certificates or other documents of insurance or policies or copies of policies by the CBB CRA, or by any of its representatives, which indicate less coverage than required will not constitute a waiver of the CONSULTANT'S obligation to fulfill the insurance requirements herein. Certificate of Insurance. Certificates of all insurance required from the CONSULTANT shall be attached to this agreement as "Exhibit C" and shall be subject to the CBB CRA'S approval for adequacy. Hold Harmless Provisions. The CBB CRA shall be held harmless against all claims for bodily injury, sickness, disease, death or personal injury or damage to property or loss of use resulting therefrom arising out of performance of the agreement or agreement, unless such claims are a result of the CBB CRA'S own negligence. The CBB CRA shall be held harmless against all claims for financial loss with respect to the provision of or failure to provide professional or other services resulting in professional malpractice, or errors or omissions liability arising out of performance of the agreement or agreement, unless such claims are a result of the CBB CRA's own negligence. Limitations of Liability CBB CRA shall not be liable in agreement or in tort (including negligence) to CONSULTANT, SUB-CONSULTANT or suppliers of CONSULTANT, regardless of tier, for incidental or consequential damages arising out of or resulting from CBB CRA's performance or nonperformance of its obligations under this Agreement, or from CBB CRA's termination or suspension of the services under this agreement. Modification All changes, requests, for performance of extra work, or amendments to the Agreement must be authorized in writing and signed by the parties hereto. Patent and Copyright Indemnity No infringement. CONSULTANT represents and warrants that, as to project work, the systems used, and any documentation provided by the CONSULTANT AGREEMENT PAGE 7 hereto, neither the sale thereof to the CBB CRA nor the use thereof by the CBB CRA will violate any U.S. copyright, U.S. patent, trade secret or trademarks of any person. CONSULTANT shall hold the CBB CRA harmless from all judgements and expenses, including expenses of the CBB CRA for any legal defense and attorney's fees of any lawsuit or claim against the CBB CRA, concerning any alleged patent or copyright infringement in CONSULTANT'S work. 3.12 Records and Audit. CONSULTANT shall keep accurate records and books of account showing all charges, disbursements or expenses made or incurred by CONSULTANT in the performance of the work herein. CBB CRA shall have the right, upon reasonable notice; to audit up to three years after payment of its final invoice, the direct costs, expenses and disbursements made or incurred in connection with the work performed. 3.13 Conflict of Interest. This agreement is intended to secure CONSULTANT'S assistance and cooperation and shall operate to preclude CONSULTANT from performing work for others during the term of this Agreement which would result in a conflict of interest with the agreementual relationship represented by this Agreement. In the event that CONSULTANT undertakes such work, CONSULTANT shall promptly so notify the CBB CRA, and the CBB CRA may, at its option, immediately terminate this Agreement. 3.14 Force Majeure. Neither party shall be responsible for delays or failures in performance of work resulting from acts beyond the reasonable control of such party. Such acts shall include but not be limited to acts of Nature, strikes, lockouts, riots, acts of war, governmental regulations superimposed after the fact, earthquakes and other catastrophes. 3.15 Compliance with Laws. CONSULTANT agrees that it will comply with all applicable federal, state, and local laws, regulations, and codes in the performance of this agreement. CONSULTANT further agrees to indemnify CBB CRA for any loss or damage that may be sustained by reason of CONSULTANT'S failure to comply with such federal, state, and local laws, regulations, and codes in the performance of this agreement. AGREEMENT PAGE8 3.16 Permits, Licenses and Compliance with Law In connection with scope of work to be performed as identified in Agreement, CBB CRA shall notify, and CONSULTANT shall at his expense, procure all necessary Permits and Licenses for business operations by the firm. 3.17 Applicable State Law and Venue This Agreement shall be interpreted and construed in accordance with the laws of the State of Florida and any lawsuits concerning this Agreement shall be brought in Palm Beach County, Florida. 3.18 Exhibits The following exhibits are attached to and made a part of this Agreement: 3.18.1 Exhibit A. Detailed Description of Scope of Services. 3.18.2 Exhibit B. Schedule of Fees, Costs and Reference Items for Scope of Services (attachment of unit costs/quantities, "family of signs"). 3.18.3 Exhibit C. Insurance and Indemnification Certificates. AGREEMENT PAGE 9 "~'~::> IN WITNESS WHEREOF, the CBB CRA and the CONSULTANT have executed this Agreement the day and year indicated below. CBBCRA CBB CRA Chairman of the Board CBB CRA Executive Director WITNESSES: CONSULTANT (Signature) (Signature) (Signature) (Printed Name & Title AGREEMENT PAGE ]0 EXHIBIT "A" SCOPE OF SERVICES SERVICES FOR THE PLANNING, DESIGN AND ENGINEERING AND MANUFACTURING OF A COMPREHENSIVE SIGN SYSTEM FOR SERVICES TO BE PERFORMED I. GENERAL The CONSULTANT shall: In three phases, create, plan, design, engineer and manufacture a system of signage to reflect the character and identity of the area and the desired future identity of the area identified by the CBB CRA. The CONSULTANT shall familiarize itself with the identified area and its environment and shall proceed to create a signage system to be placed and located within the perimeter of the area, establishing a routing system and to identify destinations and parking in and around the area. I1. SERVICES TO BE PERFORMED Phase I. Create, Design, Engineer Sign System Master Sign Plan Within one hundred fifty (150) days of execution of the Agreement CONSULTANT will complete Phase I of the project as identified below: A custom designed and complete "family of signs" to reflect the character and identity of the CBB CRA including the existing CBB CRA logo design. A master site plan for proximity locations of the signs with sign types, legends and messages in and around designated "Downtown" and other portions of the CBB CRA. This includes both pedestrian wayfinding and general parking management for the designated area. An ability for the site plan and the sign designs to be linked to the overall future wayfinding system for the City. Drawings and general specifications of the signs based on CBB CRA approval complying with both FDOT and County regulations for signing in "the right of way". AGREEMENT PAGE 11 3~'~ ~) Phase II. Sign System Manufacturing Upon successful completion, satisfaction and approval by the CBB CRA of Phase I as provided in the Agreement, the CONSULTANT will proceed and, within one hundred and fifty (150) days after approval, complete Phase II - Manufacture of the Sign System of the project as identified below. 1. Manufacture the sign system as identified and approved by the CBB CRA. 2. Deliver to an identified staging area, the sign system. Phase II1. Installation and After Sales Management With the delivery of the product to the CBB CRA; after completion, satisfaction, and approval CONSULTANT will proceed to provide the following services as identified below. 1. Install the sign system including Installation, Permitting, and Site Installation Management. 2. Provide After Sales Management and Maintenance and a Spare Parts Program. AGREEMENT PAGE ]2 3~:: ~ III. SPECIFIC TASKS PHASE I -- Create, Plan, Design, and Engineer Sign System 1. Data Gathering a. CONSULTANT will assemble all reports, maps, plans, surveys, and other documents including new planned projects for specific areas as provided by the CBB CRA. b. The CBB CRA will provide information as to future street construction and amenities projects that will affect street signage. c. CONSULTANT will, if necessary, become familiar with recent environmental issues, land use and zoning issues in project area. 2. Site Survey a. CONSULTANT will become familiar with the" Downtown" district and the primary identified site plan area in general. b. CONSULTANT will utilize photographs and maps to illustrate findings. c. CONSULTANT will visit Project Area d. CONSULTANT will establish circulation routes and travel corridors. e. CONSULTANT will identify and record new sign locations. f. CONSULTANT will prepare a proximity location site plan map. g. CONSULTANT will prepare summary of key findings. 3. Guidance Pathways Sign System Conceptual Site Plan a. CONSULTANT will use signs in the designed "family of signs" that will identify signage in the project area. b. CONSULTANT will create signs and information routes which route vehicles to, within, and through designated areas. c. CONSULTANT will create signs and information that identify important areas and provide information regarding parking access. AGREEMENT PAGE 13 "~,~ CONSULTANT will incorporate existing information concerning the above into its recommendations to improve, add on to, and consolidate existing signage information in close proximity to new sign locations. 4. "Family of Signs" Design Specifications CONSULTANT will create and provide legend designs for the sign units, which incorporate the use of selected logo(s), to be used by CBB CRA. CONSULTANT will present preliminary layouts for sign legends of each sign type for the CBB CRA. CONSULTANT will propose palette colors, type font, and type size and spacing and additional graphic designs to be incorporated into overall graphic design (including "Identity Logo Design"). c. CONSULTANT will provide preliminary estimates of the cost of manufacturing and installing each sign type. d. All layouts and cost estimates will be approved by the CBB CRA and will be revised as required. CONSULTANT will work with the CBB CRA to assure sign specification compliance with City, County and State and other agency regulations. · 5. Sign Structures and Supports CONSULTANT shall design sign structure and supports as required for each type of sign. Sign structure and installation fixtures shall be in compliance with FDOT and County and Local/City regulations. CONSULTANT shall provide typical installation details for each sign type, including information for wind loading to include weight, size, soil conditions, and any identified information for structural calculations. CONSULTANT will recommend the structure design of the sign system and the appropriate materials to use in consideration of overall project budget. Maintenance requirements, spare parts, and manufacturing of special parts for the sign system will be taken into consideration with the sign system design. CONSULTANT shall provide structural and engineering services to secure a state of Florida certified Professional Engineer (PE) stamp of approval for the sign system. AGREEMENT PAGE ].4 6. Final Design Development With preliminary design approval, CONSULTANT will prepare final layouts and design/general specification details for all signs in the CBB CRA'S "Family of Signs". CONSULTANT will include proximity location of signs (master), mapping, text, legend and graphics. CONSULTANT will assist CBB CRA in creating an appropriate "phased" program of implementation for the sign system to be executed over a period of budget cycles. c. CONSULTANT will present final designs for approval and will make (up to three)'revisions as required by the CBB CRA. d. CONSULTANT will provide general design specifications and an estimated manufacturing and installation cost estimate for the CBB CRA. CONSULTANT will provide CBB CRA with a completed "prototype" sign from the final approved "Family of Signs" design. This prototype will be a complete two (2) panel Directional/Informational sign unit. 7. Public Meetings CONSULTANT will attend and participate in four (4) public meetings to develop and present the Master Plan for the Comprehensive Sign System for the CBB CRA. AGREEMENT PAGE 15 Phase II. Sign System Manufacturing and Delivery Upon successful completion, satisfaction and approval by the CBB CRA of Phase I as provided in the Agreement, the CONSULTANT will proceed and, within one hundred and fifty (150) days after approval, to complete Phase II - Manufacture of the Sign System of the project as identified below. 1. Manufacture the sign system as identified and approved by the CBB CRA. 2. Deliver the sign system to an identified staging area. 3. Provide the CBB CRA an Information Manual CONSULTANT will provide to the CBB CRA a detailed manual to include site survey maps, proximity sign locations, sign designs and general specifications, and detailed installation and warranty information. Provide engineering services to obtain the necessary state, county, and local permits for the installation process and coordinate the utility check for the locations within the CBB CRA. Phase II1. Sign Installation and After Sales Management With the delivery of the product to the CBB CRA; after completion, satisfaction, and approval CONSULTANT will proceed to provide the following services as identified below. 1. With CBB CRA approval execute the installation process including Installation, Permitting, and Site Installation Management. 2. With CBB CRA Approval help contract for After Sales Management/ Maintenance and set up a Spare Parts Program for the CBB CRA. The identification of these above tasks shaft not in any way limit the scope of services necessary to meet the specific obligations of this Agreement, but is intended to illustrate certain tasks to be followed by the CONSULTANT. AGREEMENT PAGE :16 3q''~ ADDITIONAL SERVICES: The CONSULTANT may assist or provide with the CBB CPA'S written approval the following additional services and/or any additional service request asked of the CONSULTANT. Sign reduction and consolidation of existing signs. Original logo design and major logo alterations. Brand Platform Identity/Sub-Branding AGREEMENT PAGE ]7 EXHIBIT B SCHEDULE OF FEES AND COSTS AND REFERENCE ITEMS SERVICES FOR THE PLANNING, DESIGN AND ENGINEERING AND MANUFACTURING OF A COMPREHENSIVE SIGN SYSTEM FOR (Intentionally left blank, see next page) AGREEMENT PAGE ~8 General Compensation and Payment CONSULTANT shall be compensated for tasks of the project in those phases identified in Exhibit A as completed by the CONSULTANT. The general payment terms to the CONSULTANT for project services or products are as follows: SERVICE OR PRODUCT PAYMENT General Payment Terms for Services Net Fourteen (14) Days Purchase order authorizing the manufacture of signs designed and approved by the CBB CRA. Completion and shipment of the purchase order for the signs. Thirty (30%) of the total amount of the purchase order shall be paid prior to CONSULTANT starting the fabrication of the signs ordered. The balance due on a purchase order for the fabricated signs is payable within fourteen (14) days of receipt of an invoice, subject to satisfactory inspection of the signs received by the CBB CRA. Payment is delinquent after fourteen (14) days following receipt and approval of invoice by CBB CRA.-If any part of the invoice is disputed, payment will be withheld only on the disputed portion of such invoice. AGREEMENT PAGE ].9 City of Boynton Beach Redevelopment Agency (CBB CRA) Schedule of Phase One Deliverables and Additional Services 1. Sign Plan - CBB CRA geographic area Data Gathering and Review Site Visits*/Site Survey Conceptual Plan Layout Formalized Site Plan Report $2,000 $3,000 $3,000 $1,000 Total $9,000 *includes pedestrian wayfinding and parking management Design of a full "Family of Signs" with specifications Graphic Design- Existing Logo (2 Revisions) Graphic Design- Legends (2 Revisions) Structural Design (1 revision) Structural PE Stamp Specifications for approved design Sign Prototype (as identified) $3,000 $2,000 $3,000 $8,000* $2,000 $2,750* Total $10,000 * Average from historical cost of other Projects. Estimate not to exceed. Billed at rates defined in "Schedule of Costs and Service Fees". **Cost varies depending on final design and style selected. Estimate not to exceed. 3. Meetings and Presentations (4) $ 3,000 Total Price for Plan and Design And Meetings Phase One: $32,75O.OO Prices are based on the following general assumptions: · The use of existing logo with revisions as identified. · Use of an existing, "pre-engineered" modular sign system that allows customization without creating a totally new custom sign system. "Co-production" in determining and documenting the municipal sign plan and use of GIS staff member/facility to create mapping. AGREEMENT AGE O 3qq Support staff is proactive in determining type and location of signs. ADDITIONAL CHARGES: · Additional site visits: $750 · Additional revisions $750 · Structural revisions $1000 · Mockups $375 - $1,200 · Additional Prototypes $2,000 - $5,000 ADDITIONAL SERVICES: · Sign reduction and consolidation of existing signs. · Original logo design and major logo alterations. · Brand Platform Identity/Sub-Branding AGREEMENT PAGE 2! Phase two pricing: (See Scope of Services) MANUFACTURE OF FAMILY OF SIGNS AND COSTS The following is a listing of the "Family of Signs" for the City of Boynton Beach Community Redevelopment Agency with costs attributed to quantity purchases for unit items. Sign Type Unit Cost Unit Cost Unit Cost Unit Cost 1 thru 5 6 thru 10 10 thru 25 26 + Gateway Sign Unit Large Directional Unit Med. Directional Unit Small Directional Unit Extra Small Directional Unit Kiosk Locator Sign Unit Street Sign Unit Street Sign with Attached Stop Small Kiosk Visitor Attraction CBB CRA Limits Regulatory Sign Unit Pedestrian Sign Unit CHART LEFT BLANK AGREEMENT PAGE 22 ,,~ S 1 4 Sided Pedestrian Sign Unit Sign units/costs 1. Sign costs include the following: a) In-ground installation sleeve b) Base cap for pole powder coated in custom color. c) FDOT approved powder coated frangible aluminum pole. d) FDOT approved sign structure powder coated in custom color. e) Finial for pole powder coated in custom color. f) Aluminum sign substrate/extrusions FDOT approved. g) Selected quality FDOT approved reflective film with compatible ink system. h) Overlay film for graffiti and UV resistance, i) All printing for sign legends specified one/two sides, two sides for all street signs. j) Attachment hardware/ and or bracketing (including Interlok2 hardware for street signs). 2. Sign units/costs do not include the following: a) Handling and Freight charges from Springfield, Massachusetts to designated staging area. b) Sign permitting fees and applications. c) Sign Installation charges. d) FDOT approved sign breakaway system where specified. e) Technical structural/site diagrams for sign permitting. Manual Pricing based on customer's requirements Phase Three Pricing: Installation and Management of installation (See Scope of Services) As per sign quantity and location. AGREEMENT PAGE 23 352_ ADDITIONAL SERVICES: Travel and Per Diem and Misc. Expenses Schedule of costs and fees for services The following is a listing of those costs and fees for services related to the planning, design, engineering, and other requests for technical help and/or information that may be required. These charges apply for any expenses incurred in addition to those as identified. Miscellaneous charges for copies, presentation books, and other materials will be company's cost. Professional Service Charges a) Professional Engineer b) Design Engineer c) Senior Planner d) Project Manager e) Graphic Designer f) Field Assistant $150.00 per hour $135.00 per hour $135.00 per hour $125.00 per hour $ 85.00 per hour $ 65.00 per hour Secretarial and Administrative Service Charges a) Secretarial b) Administrative c) Clerical $ 25.00 per hour $ 25.00 per hour $ 25.00 per hour Travel and Per Diem Expenses All expenses incurred are presented in an expense report format. All billing expense for travel time is twenty-five (25%) percent of the usual hourly rate. AGREEMENT PAGE 24 3-5. EXHIBIT C TO AGREEMENT BETWEEN CBB CRA AND CONSULTANT FOR PROFESSIONAL SERVICES, INSURANCE AND INDEMNIFICATION CERTIFICATES AGREEMENT PAGE 25 B. Consideration of Establishing a new Facade Grant Program 3.~S Memo To: From: Subject: Date: CRA Board Douglas Hutchinson Consideration of a new Fa~;ade Grant Program October 2, 2002 The CRA took over an existing Fa(;ade Grant program, which had many provisions and rules that made it cumbersome on the staff and applicants. The Board instructed staff to develop a new grant program, which would address these issues and raise the grant amount from $5,000 to $15,000 per grant. Several other issues are needing direction. Such as; prior applications - it is recommended that they be required to fill out new applications, but will the work be counted if they had to move forward with their project between the time they originally applied and the time the new program came on line? Can an applicant receive multiple grants? What if it is for different buildings? How many Fa(;ade Grants can an applicant receive in one year?. Can the applicant use other grant programs with this program? The draft documents contain questions and italic notes. Please be ready to draft the final program documents and consider approval of the program with the new applications and rules. PROGRAM AGREEMENT Boynton Beach Community Redevelopment Agency FACADE IMPROVEMENTS GRANT PROGRAM 2002~2003 DRAFT NOTE: Red (itafic) highlighted text needs to be considered whether or not it applies or should be kept. The City's permitting process, which includes CRA review, should take care of these items. PROGRAM REGULATIONS No buildings or structures, including satellite receiving dishes, camping accommodations, or mobile homes not presently on the premises shaft be erected or placed on the premises hereafter, except for temporary structures required for the maintenance or rehabilitation of the property, such as construction trailers. No topographical changes, including but not limited to excavation, shaft occur on the premises, without the written consent of the CRA, unless such topographical changes are consistent with and reasonably necessary to promote the preservation and conservation purposes of this easement. There shaft be no removal, destruction, or cutting down of trees, shrubs, or other vegetation on the premises without written permission from the CRA, provided the CRA agrees to landscaping that is compatible with the preservation and conservation purposes of this easement and which may involve removal or alteration of present landscaping, including trees, shrubs, or other vegetation. In all events, the Applicant shaft maintain trees, shrubs, and lawn in a good manner and an aesthetic appearance consistent with the City Code of Ordinances and with standard forestry practices. 4. No dumping of ashes, trash, rubbish, or any other unsightly or offensive materials shall be permitted on the premises. 5. The premises shall be used only for purposes consistent with the preservation and conservation purposes of this easement. No utility transmission lines except those reasonably necessary for the existing buildings and those previously recorded shall be permitted on the property. Boynton Beach Community Redevelopment Agency Facade Grant Program Agreement Page 1 of 4 Revised 8/23/02 The Appficant agrees not to obstruct the substantial and regular opportunity of the pubfic to view the exterior architectural features of any building, structure, or improvements of the premises from adjacent publicly accessible areas such as pubfic streets. The Applicant grants the CRA the right to enter the premises and to construct improvements and modifications to the facade that the CRA determines appropriate and in the public's interest, at the property owner's (or tenant's if applicable), expense in the event the facade condition is deteriorating and/or aesthetically unkempt. The CRA has the right to inspect the premises, the building or the fagade to review any construction, alteration, repair, maintenance, or to review casualty damage and to reconstruct or approve reconstruction of the building following casualty damage. 10. The Applicant will notify the CRA of any damage caused by casualty within one day of the damage or destruction, including what emergency work that has been completed. No repairs or reconstruction of any type, other than temporary emergency work to prevent further damage to the property and to protect pubfic safety, shall be undertaken by the Applicant without the CRA's prior written approval. 11. Subject to the extent of the casualty damage, if the facade is left in such condition that renders repairs or reconstruction of the building or facade impossible with the proceeds of insurance, then the Applicant may reconstruct the building with donations, or other funds received by Applicant while maintaining the lien on the premises until the lien is repaid in full, or the Applicant may elect to remove any salvageable portion of the facade from the premises, extinguish the easement, and this Agreement will be hereinafter null and void. 12.1f the CRA determines that the restoration or reconstruction of the premises would not serve the purpose and intent of the easement, the property owner, or tenant ff applicable, shall continue to comply with the provisions to demolish, remove or raze the building and construct new improvements on the premises. 13.The Applicant agrees not to alter, renovate, or demolish the new fa(;ade for three years, commencing at the time final inspection by the CRA is completed. If violated by the applicant, the CRA may choose to require grant fund repayment, enforced by property lien. 14. The CRA will consider approval of grants for exterior improvements to a building which does not face a recognized street. The exterior rear of a Boynton Beach Community Redevelopment Agency Fa(;ade Grant Program Agreement Page 2 of 4 Revised 8/23/02 building facing an alley way will also be considered. 15.A minimum of three (3) inspections by the CRA are required. Those minimum CRA inspections are (1) before starting work, (2) during work and (3) final inspection. More inspections may be required by the CRA. It is the sole responsibility of the Applicant to schedule inspections with the CRA and City. These inspections in no way are substitutes for required City inspections and compliances. 16.The property owner, or tenant if applicable, must complete the facade improvement project within six (6) months of the grant award. Failure to complete the fa~;ade improvements in a timely manner will result in the property owner, or tenant if applicable, losing the grant reimbursement opportunity. The Board may consider time extensions. REIMBURSEMENT REGULATIONS This program is designed as a reimbursement grant. That is, all work must be done and paid for by the Applicant, prior to the CRA's funds being released. The CRA will provide reimbursement to the grantee upon submittal of a complete Reimbursement Request. Reimbursement Request shall be summarized in a report and accompanied by proper documentation. Proper documentation will consist of (1) Project accounting including invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked "paid" with a "release of lien" signed by each. Proposals for "work to be completed" or "bids" are not considered proper documentation. Each item will be supported by a canceled check showing the face of the check, as well as the back of the canceled check, (2) the Applicant shall warrant that all bills related to the Project are paid in full including, but not limited to, all contractors, subcontracts, labor, materials, related fees and permits, and (3) the Application shall provide a minimum of four 3"x5" color "during" photos and a minimum of four 3"x5" color "after" photos of the Project. Photos should be from approximately the same position as the "before" photos submitted in the Application. The Reimbursement Request from the Applicant will be processed within ninety (90) days upon receipt of all documents required and CRA and City inspections/approvals are obtained. Grant funds will be reimbursed exclusively for approved work, approved change orders and only for work that has been performed after the Boynton Beach Community Redevelopment Agency Fa(;ade Grant Program Agreement Page 3 of 4 Revised 8/23/02 grantee has received notification that the Grant Application has been approved by the CRA. Grantees may not submit facade work improvements for reimbursement which have been used as reimbursement requests in any other grant program offered by the CRA, City, Palm Beach County or the State of Florida. The Facade Grant program will only honor new expenditures that have not been submitted under other grant programs. The Fa~;ade Grant program may only be used one time for any one property; however, property owners may receive grants for multiple property locations. Applicants shall be limited to one grant per CRA budget year (October 1st to September 30th). Grantees shall grant the CRA and/or the City of Boynton Beach the rights and use of photos and project application materials. Witness (Date) Property Owner (Date) Witness (Date) Tenant/Business Owner (Date) CRA Director (Date) Boynton Beach Community Redevelopment Agency Fa(;;ade Grant Program Agreement Page 4 of 4 Revised 8/23/02 APPLICATION FORM Boynton Beach Community Redevelopment Agency FACADE IMPROVEMENTS GRANT PROGRAM 2002~2003 DRAFT Maximum Grant Amount is $15,000.00 (Please Print Or Type Only - Use Additional Sheets If Necessary) APPLICANT INFROMATION Name of Property Owner: Address of Property Owner: City/State: Zip Code: Phone # Day: Evening: Legal owners and legal description of the property to be improved (please attach copy of warranty deed and lease, if applicable): If Different from Property Owner Name of Business: Address of Business: City/State: Phone # Day: Evening: Type of Business: Years of Operation: Number of Employees: Annual Payroll: Number of Employees residing in Boynton Beach: Zip Code: Boynton Beach Community Redevelopment Agency Fa(;ade Grant Program Application Page 1 of 5 Revised 8/23/02 PROGRAM GUIDELINES The following guidelines are intended to inform a potential grant applicant of the extent and scope of the program. The purpose of the program is to encourage commercial property owners to upgrade their properties by improving the external appearance of their business and to encourage businesses to invest in their operations. The result will halt deterioration, stabilize property values, improve and upgrade appearance of the area, and facilitate and encourage redevelopment activity in the target area. The following guidelines are applicable to this program: The program is available only for property located within the Community Revitalization Areas of the Boynton Beach Community Redevelopment Agency (CRA). Note: See attached Fa(;ade Grant Area Map. The program is for commercial properties and businesses. The property owner must be the applicant. However, if the property is currently leased to a tenant, then the Application and Agreement must be jointly executed by both the owner and the tenant. 3. Eligible exterior improvements for this program include: · Painting. · Shutters. · Signage (located on the building or the property). · Awnings/canopies. · Doors/windows. · Roof (? Should this be added) · Landscaping around the building. · Irrigation. · Parking lot re-paving, re-sealing, re-striping · Exterior Lighting. Patio or decks connected to the building. · Exterior wall repairs (e.g. stucco, brick or wood repairs and replacement). ADA improvements. All work must be in compliance with applicable Boynton Beach Building Codes and all contractors must be licensed in Boynton Beach/Palm Beach County. If the Applicant(s), installs enhanced landscaping and or signage it must be in accordance with City Ordinance No. 98-43. Maximum Grant amounts: The CRA will provide, on a reimbursement basis, a dollar for dollar matching grant for eligible fa(;ade improvements up to a total of fifteen thousand dollars ($15,000.00) of CRA funds. Boynton Beach Community Redevelopment Agency Fac.,ade Grant Program Page 2 of 5 Revised 8/6/02 APPLICATION PROCESS An applicant seeking a project grant may secure an application from the Boynton Beach Community Redevelopment Agency (CRA) located at 639 E. Ocean Ave., Suite 107, Boynton Beach. 561-737-3256 The application is to be returned to the Boynton Beach Community Redevelopment Agency for review and approval by the CRA Board. Applications will be considered on a first-come, first served basis. Applicants must take the necessary steps to insure that their submitted application is properly time stamped to document receipt by the CRA. Upon approval, appropriate grant program documents will be prepared in the CRA Attorney's office and the applicant will be notified of approval by return mail. The CRA will administer the commercial exterior facade program. In addition to the appropriate City inspections, the CRA will inspect the work to determine satisfactory completion of the work. Applicants may not have any outstanding City of Boynton Beach liens against their property. In the event that an Applicant has an outstanding City of Boynton Beach lien against the property, the grant will not be awarded until the complete satisfaction of the lien. Applicant shall obtain, read and understand all aspects of the Fa(;ade Grant Program Agreement, including Program and Reimbursement Regulations. Boynton Beach Community Redevelopment Agency Facade Grant Program Page 3 of 5 Revised 8/6/02 PROJECT INFORMATION Describe improvements to be done to the property. Attach the following items: · Project work write-up(s) describing in detail the scope of the project, · Plans or sketches if applicable, · Site plan and plant list for landscape projects, · Third-party cost estimates from three (3) licensed contractors, · Estimated time line, · Evidence of financial ability to pay for the project (approved loan, cash account, line of credit, etc.), · A minimum of four (4) 3" x 5" color "before" photos of the project which must include "public views", · Signage design with colors & materials proposed if applicable, · Project color chips / material samples if applicable, · And material specifications. Applicable documents must be attached for the Application to be processed. By signing this Application, I acknowledge that I have received and read a copy of the Program Agreement, and I understand and agree to comply with its content. Witness (Date) Property Owner (Date) (Property owner's signature must be notarized) Witness (Date) Tenant/Business Owner (Date) CRA Director (Date) Boynton Beach Community Redevelopment Agency Far,,ade Grant Program Page 4 of 5 Revised 8/6/02 STATE OF FLORIDA, COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared , who is personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of ., 2002. NOTARY PUBLIC My Commission Expires: Boynton Beach Community Redevelopment Agency Fac..,ade Grant Program Page 5 of 5 Revised 8/6/02 2(,,£ C. Consideration of Establishing a Direct Incentive Program. Memo To: From: Subject: Date: CRA Board Douglas Hutchinson Consideration of Establishing a Direct Incentive Program October 2, 2002 The CRA has an interest in supporting benchmark projects within the Boynton Beach CRA area. Many other CRAs have programs of one kind or another to recruit sought after anchor projects for their areas. As directed by the Board, the CRA staff, legal council and the City Development Department have drafted the attached program for consideration. City of Boynton Beach Community Redevelopment Agency Direct Incentive Program 10/2/02 The Boynton Beach CRA seeks to encourage large-scale projects, which define new markets, quality, innovation and character in the CRA area. It is recognized that many times these benchmark projects require new and untested market assumptions, which have no local comparable. This condition often requires market support to make the projects feasible in the early years. Accordingly, this program is focused on support for qualified, benchmark projects during their initial stages. As defined by the focus of this program, projects which directly compete with existing projects, or that do not open new markets may not receive maximum consideration. Projects will be scored by program criteria, which are defined in Program Guidelines. The project's score will determine how much if any of the eligible incentive the project may receive. Application to this Program is no guarantee of funding. Funding is at the sole discretion of the CRA Board. City of Boynton Beach Community Redevelopment Agency Direct Incentive Program Page 1 of 8 PROGRAM GUIDELINES: · The project must be in the City of Boynton Beach CRA Area as defined at the time of application. · The applicant must be the majority owner (the owner having the greatest percentage of ownership) or authorized agent of the majority owner in the project. · All property taxes, fees, city/county liens owed by the applicant must be paid and current. · The project is required to be over $2,000,000 in projected new assessed taxable value upon completion. · The project's projected total annual economic impact to the City (after completion) as projected by using RMS Economic modeling standards, shall be a minimum of 20 times the corresponding year's incentive during the incentive period. The duration of the incentive shall be no longer than 10 years. · The incentive will generally not exceed 50% of the CRA TIF revenue generated by the project during the incentive period. · No incentive (in any one year) shall exceed 75% of the new annual TIF revenue generated directly from the project for that year. · Projects may be phased, however each phase must meet program thresholds. · Projects must score at least 50% on this application to qualify for incentives. City of Boynton Beach Community Redevelopment Agency Direct Incentive Program Page 2 of 8 PROGRAM SCORING CRITERIA: · Project Size (total new assessed value) (up to 20 pts). For the purpose of application scoring, the new assessed value projection shall equal the project's projected appraised value times 90% minus current assessed value of the project site. 1. 2. 3. 4. $2,000,000 to $4,999,999 (5 pts) $5,000,000 to $9,999,999 (10 pts) $10,000,000 to $24,999,999 (15 pts) $25,000,000 + (20 pts) · Type of Project (up to 20 pts)- Preferred use criteria. Evaluation of the project is based its consistency with redevelopment plans and its appropriateness within the overall economic context. Depending on location, additional consideration will be given to the following commercial uses. 1. Mixed uses with residential component. (20 pts) (Jose) 2. Multi-story professional-retail buildings (business and financial services, medical/health care services.) (15 pts) (Jose) 3. Multi-story office-retail buildings with the following type of retail tenants: (10 pts) (Jose) a. Restaurant/Specialty Foods, b. Entertainment, c. Art galleries, d. Apparel, e. Gift Shops/Decorative Arts/Specialty Stores/Boutiques. 4. Retail buildings with a minimum of four tenants (from the above list). (10 pts) (Jose) 5. Hotels/Conference Centers. (10 pts) (Jose) · Project Location (up to 20 pts)- Must be within the CRA area 1. CRA Area - (10 pts). City of Boynton Beach Community Redevelopment Agency Direct Incentive Program Page 3 of 8 2. CRA Area and in the CBD District, Federal Highway, Boynton Beach Blvd. Ocean Ave., and MLK - (20 pts). (Projects in these areas are high impact and have the highest visibility.) Economic Impact- (up to 20 pts) 1. Projected economic impact over the incentive period of 20 to 49 times the incentive - (15 pts) 2. Projected economic impact of 50 times the incentive or more - (20 pts) Project Quality - (up to 40 pts) Subjective point allocation based on project architecture, landscape, public amenities, innovation, quality, overall contribution to the Community, etc. Establishing Incentive Percentage: Point scores from each of the five criteria elements will be added together and the total taken as a percentage times the eligible maximum incentive (up to 50% of the new assessed tax amount) to establish the incentive formula percentage, For example, a score of 100 pts or more equals 100% of 50% (maximum program capture of assessed TIF) is the project's incentive capture formula. A 70 pts scored equals 70% of the 50%. Note that incentives are defined as percentages of the new assessed TIF increment as it appears on the official tax rolls, therefore, any actual dollar figures prior to project completion and listing on the tax roll, are only estimates. Establishing Annual Incentive Disbursements for the Incentive Period: Although annual percentages of the incentive may vary to respond to early project needs, they shall not exceed 75% of the new increment tax for any single year. The cumulative incentive shall not exceed 50% of the new assessed increment's taxes for the total incentive period. City of Boynton Beach Community Redevelopment Agency Direct Incentive Program Page 4 of 8 Notes on this section (these will be removed from the final document): · Pure residential and apartment projects will have a hard time quafifying for incentives. · Do we want to have the ability to grant incentives in non-linear formulas? This current draft has that ability. · Note that every qualified project receiving 50% or higher score will receive some level of funds. Do we want to raise the score percentage? Larry - No. · "Project Quality" is subjective point scoring (40 pts) that could over come up to 2Opts in project scoring short falls. City of Boynton Beach Community Redevelopment Agency Direct Incentive Program Page 5 of 8 PROGRAM ADMINISTRATION: · Project applications shall be screened and reviewed by staff for completeness and scored. · Staff or a selected review committee shall provide pertinent comments on the project. · Staff shall secure third party credit information and background checks on Applicant(s). · The review period shall not exceed 45 days from the date of the submittal of a complete request by applicant. On or before the end of the 45-day period staff shall either forward the request to the CRA Board for consideration at their next regularly scheduled meeting or request, in writing, that the applicant provide additional information (A copy of the staff or review committee request will be forwarded to the CRA Board.). · Upon consideration by the CRA Board, the Board shall take one of the following actions: Approve, table, modify or reject the request. The applicant shall be notified in writing as to the Boards decision with in 5 days. If the request is denied, the applicant shall have the right to resubmit a revised application for reconsideration. Note that any direct or indirect lobbing of the CRA Board will result in disqualification of the applicant from the program. · Appeals Process? .... Do we want a process for appeals or are we it? (Jose) · "Request for Incentive Funds" - A request for release of approved incentive funds and/or the initiation of incentive fund payments is required to be sent to the CRA. This is due no later than January 1st of the year after the project (or a phase) appears on the official property tax rolls and every year of the incentive period thereafter. If the project's property taxes are paid in full, the Earned Incentives will be dispersed no later than March 1st of that same year and will be based on the prior years collected taxes. · In the "Request for Incentive Funds" the applicant shall supply evidence of program performance; (1) Tax Statement identifying the project or phase on the Tax Assessor/Collector's property Tax Roll and (2) receipt of payment in full of the levied property tax. City of Boynton Beach Community Redevelopment Agency Direct Incentive Program Page 6 of 8 INCENTIVE PROGRAM APPLICATION: The following information shall be compiled in a loose-leaf binder, tabbed and labeled to correspond with the following section headings. This information package is the program application. The application shall be forwarded to the CRA Office with a formal letter of request containing a narrative of the project, reason for request, justification and a summarizing the highlights of each of the following sections. The letter should be signed by the applicant or authorized agent and be accompanied by 12 sets of the completed project information. Project Information: · Applicant Information 1. Applicant (Majority Owner) Name. 2. Listing of Owners by Ownership Percentage. 3. Applicant Address, Phone Number(s), Fax, Email Address. 4. Contract Person's Name, Title, and Contact Information. 5. Attach a Brief Resume on the Applicant and Contact Person. (Exhibit "A") · Project Information 1. Project Description (One Page Narrative) · Project Location, · Size- area and appraised value, · Zoning, · Uses (commercial, residential, mixed use, etc.), · Square Footages of Uses, · Amenities, · Features- construction finishes & materials, colors, etc. 2. Plans (if not previously CRA approved) - site, floor, elevations, landscape, colored renderings, etc. (Exhibit "B") 3. Project Status (for example, has the project been submitted for Initial Site Review, Site Plan Approved, Permitted, etc.) 4. Project Timetable with Projected Dates. 5. Feasibility Study Summary - (A copy of the study's summary conclusions dated with in the last 6 months.) The study must be completed by an experienced third party firm. The Study shall be based on appraisal, market City of Boynton Beach Community Redevelopment Agency Direct Incentive Program Page 7 of 8 conditions, comparable projects, financing and all factors affecting the development of a stand-alone project. MAI Appraisal Summary - (A copy of the appraisal's summary conclusions dated with in the last 6 months.) MAI Appraisal of the current land and any improvements as is and the project's projected value upon completion. Economic Impact Study - (A copy of the study's summary conclusions dated within the last 6 months.) The study must be completed by an experienced third party firm. The analysis shall forecast CRA and City economic impacts, specifically including CRA TIF revenue forecasting using RMS standardized economic models. Property value and inflation increases shall be no greater than 3% annually. The request for incentives and application, if and when approved by the CRA Board, becomes an integral component of the Incentive Agreement, including but not limited to other requested information from the CRA, therefore great care should be taken to seek the most accurate projections possible for the project. The approved Incentive Agreement may be assigned with the formal, prior written approval from the CRA Board of Directions. Notes: · Are items #5 and #6 both needed? It has been pointed out that some projects may have one or the other.., both items take substantial time to acquire and one or the other may be required by lenders, but not both. · A CRA Area Map will be attached to this package. City of Boynton Beach Community Redevelopment Agency Direct Incentive Program Page 8 of 8 IX. X. XI. Other Items: Public Audience. Adjournment.