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Agenda 10-30-03 COMMUNITY REDEVELOPMENT AGENCY Tuesday, October 14, 2003 Commission Chambers Boynton Beach 6:30 P.M. I. Call to Order. II. Roll Call. III. Agenda Approval. A. Additions, Deletions, Corrections to the Agenda. B. Adoption of Agenda. IV. Consent Agenda ,-~.~ A. Approval of Minutes - September 9th Meeting & September 24th Workshop. B. Financial Report. C. Approval of Petty Cash form. ~ ~ I I V. Public Audience. ~ I~ A. zo.i. Code V ance 3 5 1 (e 1. PROJECT: Gateway Texaco (ZNCV 03-010 thru 03-012) AGENT: Beril Kruger, Planning & Zoning Consultants OWNER: SUAU Enterprises ~ ~. LOCATION: 2360 North Federal Highway DESCRIPTION: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, decides to appeal any decision of the Community RedeveloPment Board with respect to any matter conSidered at will need a record of the probeedings and for such purpose may need to ensure that a verbatim record of the is made, which record includes thetestimony and evidence upon which the appeal is to be based. 3476 shall furnish appropriate auxiliary aids and services where ~ecessary to afford an individual with a disability an equal participate in and enjoy the benefits ora service, program, or activity conducted by the CRA. PleaSe contact DoUglas at 561-737-3256 at leaSt twenty-four hours'prior to the program or activity in order for the CRA to reaSonably your request. Supplemental Regulations L. 3. d. (1) requiring parking lot driveways to be located 120 feet from the intersection of the right-of-way lines along streets of higher classification t° allow. 97-foot variance, resulting in a distance of 23 feet, and to allow a 88-foot variance for a second driveway, resulting in a distance of 32 feet from the intersection of Federal Highway and Las Palmas Avenue for an existing gas station business; and request for relief from the City of Boynton Beach Land Development RegulatiOns, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.d. (3) requiring that driveways shall not be located less than thirty (30) feet from any interior property line to allow a 10-foot variance, resulting in a distance of 20 feet for an existing gas station business; and request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations, L.3.d. (4) requiting that driveways will be limited to one (1) per street frontage to allow two (2) driveways along the street frontage for an existing gas station business. 2. PROJECT: Gateway Texaco (ZNCV 03-013) AGENT: Beril Kruger, Planning & ZOning Consultat? OWNER: SUAU Enterprises LOCATION: 2360 North Federal Highway',.J DESCRIPTION: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e. (3) requiring a twenty (20) foot rear setback to allow a 10-foot variance, resulting in a rear setback of 10 feet for an addition to an existing gas station. 3. PROJECT: Gateway Texaco (ZNCV 03-014 and 03-01S) AGENT: Beril Kruger, Planning & Zoning Consultants OWNER: SUAU Enterprises LOCATION: 2360 North Federal Highway DESCRIPTION: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made; which record includes the testimony and evidence upon which the appeal is to be based. · 3477 The CRA shall furnish appropriate auxiliary aids and servi_ces 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 CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. .Gateway Texaco (ZNCV 03-014 and 03-15) cont'd Supplemental Regulations L.3.e. (a) requiring that no canopy shall be located less than twenty (20) feet from any property line to allow a 10.5-foot variance, resulting in a distance of 9.5 feet for an existing canopy for a gas stations business; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e. (b) requiring that no gasoline pump island shall be located less than thirty (30) feet from any property line to allow a 10.2-foot variance, resulting in a distance of 19.8 feet for an existing gasoline pump island for a gas station business. 4. PROJECT: Gateway Texaco (ZNCV 03-016 and 03-017) AGENT: Beril Kruger, Planning & Zoning Consultants OWNER: SUAU Enterprises ' LOCATION: 2360 North Federal Highway DESCRIPTION: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, '{ Supplemental Regulations L.3.f. (1) requiring a ten (10) foot wide landscape buffer along the street frontage and to include one 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 to allow a variance of 10 feet, resulting in a zero (0) landscape buffer along thestreet frontage for an existing gas station building; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L. 3.f. (2)(a)-requiring a ten (10) foot wide landscape buffer on all interior property lines to allow a variance of 5 feet, resulting in a five (5) foot buffer for an existing gas station business. 5. PROJECT: Gateway Texaco (ZNCV 03-023) 3 AGENT: Beril Kruger, Planning & Zoning Consultants Any person who decides to appeal any decision of the Commullity Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the ~roceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 3478 The CRA shall furnish appropriate auxiliary aids and services where necessary to afford aa individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. 'OWNER: SUAU Enterprises LOCATION: 2360 North Federal Highway DESCRIPTION: ..~~equest for relief fi:om the City of Boynton Beach Land ~ . .p~l~ - ,Development Regulations, Chapter 21, Signs, Article 1II. Section . ,al0~t 5 r.~equiring that all signs must meet aminimmn ten (10) foot setback fi:om the property line to the closest surface of the sign to allow a five (5) foot variance from the property line, resulting in a five (5) foot setback for an existing gas station business. 6. PROJECT: Gateway Texaco (ZNCV 03-024) 55 r~ ~,, AGENT: Beril Kruger, Planning & Zoning Consultants OWNER: SUAU Enterprises LOCATION: 2360 North Federal Highway DESCRIPTION: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 7.5, Environmental Regulations, Article II Section 3, B.4., to allow parked vehicles to encroach two and one-half (2.5) feet into the rear five (5) foot landscape buffer area required by code for an existing gas station business in a C-3 zoning district. B. Conditional Use 1. PROJECT: Gateway Texaco (COUS 03-007) AGENT: Beril Kruger, Planning & Zoning Consultants OWNER: SUAU Enterprises LOCATION: 2360 North Federal_Highway^t.~,r'~ DESCRIPTION: quest for con~tional use / major site plan modification approval for a48'i'square foot addition to an existing gas .. station/convenience store on a 0.48-acre parcel in a C-3 zoning district. Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such .purpose may need to ensure, that a verbatim: record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 3479 The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal oppommity to participate in and enjoythe benefits of a service, prOgram, or activity conducted by the CRA. Please contact Douglas Hutchin~qon at 561r737-3256 at-least twentyTfour hours prior to the program or activity in order for the CRA to reasonably accommodate your request. C. New Site Plan 1. PROJECT: Marours Car Wash (NWSP 03-011) _ ~ ~c~ O AGENT: Beril Kruger, Planning & Zoning Consultants oWNER: ' Zuhair Marouf LOCATION: 2360 North Federal I-iighway DESCRIPTION: RequeSt for new site plan approval for a 1,311 square foot car wash on a 0.22-acre parcel in a C-3 zoning district. D. Site Plan Time Extension -1. PROJECT: Sunbelt Hydraulics (SPTE 03-003) 3 ~, ~ q AGENT: Joseph Houston Kerns Construction, Inc. OWNER: C & C Realty Investments LOCATION: Lot 9 West Industrial Avenue DESCRIPTION: Request for a one (1) year site plan time extension .for a one (1)- story, 12,480 square foot industrial building with related parking for a business that senrices track bodies on a 1.44-acre parcel in the M-1 zoning district E. Code Review 1. PROJECT: Sign Code Amendments - Sign Heights 3~'5 OWNER: City Initiated DESCRIPTION: Request for amendments to the Land Development Regulations, Chapter 21 .Signs, to provide definitions for monument and pole signs and estabhsh maximum sign heights that correspond with road type. Any person who decides to appeal any decision of the Commmnty Redevelopment Board with respect to any matter considered at this meeting will need a record Of the proceedings and for .such purpose may need to ensure that a verbatim record of the iroceedings is made, which record includes the testimony and evidence upon which-the appeal is to be based. 3480 ~,prhe CRA shall ~fu~..'sh approp_riate auxiliary aids and services where necessary to afford an individual with a disability an equal portanity to pamc~pate in and enjoy the benefits of a sen, ice; program, or activity conducted by the CRA. Please contact Douglas -Iutchinson at 561-737-3256 at least tWenty-four-hours prior to the program or activity in order for the CRA to reasonably ~ccommodate your request. VII. Director's Report: ,~ ~--~ A. Updates ._~ VIII.Old Business: 3(,,~ ~ A. Consideration of Approval of the Contract with the Owner's Representative (CRA) Firm Jonathan Ricketts Inc. for the BoYnton Beach Boulevard Extension, Promenade and RiverWalk Design/Build Project. ~.~O B. Discussion of Douglas C. Hutchinson's employment Contract.. ~['~/~ [ IX, New BUsiness ~ ~ i 0 A. Selection of Feasibility Study Team for Savage Cre~ures of Ancient Seas Attraction. B. Consideration of the Arches Contract. ~ r~ I C. Consideration of the Business Genesis Program,~ D. Consideration of Acquisition underwriting for Heart of Boynton Properties. E. Consideration of Request for Appraisal on Phase 1 Redevelopment Properties in.the Heart of.Boynton Area. '~5_.~ F. COnsideration of waving the title work for BoyntOn Seafood, Inc, DevelOpment Regions Core. Grant Contract. .-~'~ G. Consideration of a proposed amendment'to the existing contract with Kimley-Horne. H. Recommendation of members to be selected for the CSC Committee to review the Financial AdviSory Services RFQ. ~<~ ~,'-[ I. Consideration of Rescheduling the CRA November Board Meeting due to the Holiday.~(~/,,~ X. Commission Action .~<~ A. City Commission review of r0~aUon of CRA Chair to another member of ~he CRA. No Action taken removed from agenda. XL Board Member Comments .~ ~ O XII. Legal A~y person who decides to appeal any decision of the Comrmlllity Redevelopment Board with respect to any matter considered at this meeting will need a record of the prOceedings and for such purpose may need to ensure'that a verbatim record of the proceedings is made, which record include~ the testimony and evidence upon which the appeal is to be based. 3481 The CRA 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 CRA. Please contact Douglas Itutchln.qon at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonabl~ accommodate your request.. Xlll. Other Items. ~ XIV. Future Agenda Items A. Consideration of special pilot program for Police Patrol in Heart of Boynton and the CBD. B. Consideration.of pilot program for trolley service in the CBD. C. Marina Parking Garage Expansion. D. Consideration of securing CBD Surface Parking Rights. XV. Adjournment. Any person who decides to appeal any decision of the Commtmity Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the nroceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. ~482 The CRA 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 ora service, program, or activity conducted by the CR~. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. To=, CRA Board Fron~Larry Finkelstein, Chairman CC= L. Payne, Esq. Dat~ October 30, 2003 Rm Agenda Item, Page 3853, Genesis Program I asked that this item be put on the agenda when I received an invitation inviting me to the public launch of a program that had not been approved by the board. The Director's responses are below, in reverse order. I must now ask the Board to table both the program tonight as well as the Launch November 1, 2003 as certain serious allegations have been levied against the CRA Director in reference to this program. I would ask the Board's indulgence to allow the Board attorney and I time to investigate these accusations and claims. Attached hereto is initial documentation for these claims. In a message dated 10/612003 11:06:48 AM Eastern Daylight Time, HutchinsonD~ci.boynton-beach.fl.us writes: Larry, We will put the Genesis program on the agenda for consideration. If it does not pass we will send a disclaimer that the program is a BODA only program and back away from the project. That way it is smooth for the first phase, but gives the CRA a choice to participate or not. Doug, I don~t think I nor the Board has a problem with the program (although I haven~ read it closely), I just think that we need to follow procedures. If we are going to offer a program, especially one that requires CRA funding and participation, to the public, it should be formally approved by the Board. Realistically, BODA has no money for any business/rent assistance program; they would be the ones applying for aid. Again, we need to follow procedures, that way we are not repeatedly always shutting the barn door after the cows have already gotten out. So the program specifics were not approved by the Board, correct? As a matter of procedure and protocol, shouldn't the program have Board approval...certainly before we invite the public to the official rollout and Dinner?. In a message dated 10/6/2003 7:58:05 AM Eastem Standard Time, HutchinsonD~ci.boynton-beach.fl.us writes: The program outline was in the budget packages. However the joint project with BODA will be presented at the next Board meeting. This will include introduction of the team members working with BODA and the targeted CBD and HOB area businesses. Doug ..... Original Message ..... From: LFGI~l,com [mailto:LFG[@aol.com] Sent: Friday, October 03, 2003 4:59 PM To: Hutchinson, Douglas Subject: Genesis Program Me again, I received the invitation for the "Dinner", but i am having a senior moment. VVhen did we actually approve the program for mil out to the public? I remember getting the proposed draft for comments and I remember approving an amount in the budget, but I thought it was subject to approval of the actual program, but I just cant remember approving the final program guidelines. · Page2 lwc~gc t'age I o! 2 Subj: Fwd: Boynton Beach summary Date: 10/30/2003 10:39:47 AM Eastern Standard Time From: LBDUNFORD To: LFGI Loft B. Dunford Corporate Consulting & Coaching, [nc. 2096 Circle Place Lantana, FL 33462 (561) 588-9788 (office) (561) 662-2076 (cell) www.corporateconsultingandcoaching.com Forwarded Message: Subj: RE: Boynton Beach summary Date: 10/30/2003 9:54:37 AM Eastern Standard Time From: mcarthurar~iearthlink.net To: LBDUNFORDC~aoI.com CC: Cwilkins@arfunding.com Sent from the Internet (Details_) Loft, Thanks for the update. We hc=ve made contact with Mr. Finkelstein and have taxed him the information he requested. Please forward any supporting documentation including time sheets, notes from interviews, reports, plans, and any correspondence pertaining to the project. You can forward the informcflion to my office in Clearwater at the address listed below. Please contact me with any questions. Regards, James McArthur Regional Vice President A/R Funding voice 727-442-5206; fax 727-442-5126 email: jmcarthur@arfunding.com web: www.arfunding.com m-Original Message--- From: LBDUNFORD~aol.com [mailto:LBDUNFORD@aol.corn] Sent: Wednesday, October 29, 2003 6:28 PM To: mcarthurar~earthlink.net SubJe~ Boynton Beach summary James, People seem to be having difficulty opening the attachments I send lately, so I'm summarizing the Boynton project in this e-mail. I began the phmning meetings last September, 2002. These meetings continued through this Thursday, October 30, 2003 America Online: LFGI twessage t'age 2 o! 2 year, and took place more frequently beginning in August of this year. These meetings included Doug being introduced to my suggested consulting team (per his request), and meetings with the Boynton Beach Chamber of Commerce and other agencies he wanted me to meet to discuss the project. I began interviews with 20 businesses on September 18 and ended those interviews on September 30. Based on information gathered in those interviews (I developed the questionnaire used in those interviews) I worked with interns from Palm Beach Atlantic University to develop the survey (which was to be distributed to business owners on November 1). I spent 20 hours on paperwork which resulted in a finalized plan which Doug will most likely use in-house for the project. I have all of the dates of meetings, interviews, etc., which I will be happy to furnish upon request. Doug had agreed to pay me $125 an hour, and that figure is scribbled in his handwriting on paperwork I have. Based on that figure, I exceeded 72 hours on the project. There were 55 hours spent on the questionnaire, interviews, compiling information and developing the survey alone. An additional 20 hours was spent on the written operating plan, completed upon Doug's request. Meetings are not even included in the above 72 hours (based on $125 per hour fee to arrive at the $9,00O total). I just wantexl to summariz~ the project so that you could forward this information to Larry Finkelstein, if necessary, for tomorrow night's Board meeting. I thought it would be I~st to go through A/R Fuxlding and not communicate directly to Larry at this point, since A/R Funding is collecting the fee. Let me know what else you ne~l. Glad you got the original pat~rwork. Florida mail sure is slow -- it took over 10 days to get there! Lori Lori B. Dunford Corporate Consulting & Coaching, Inc. 2096 Circle Place Lantana, FL 33462 (561) 588-9788 (office) (561) 662-2076 (cell) www.corporateconsultingandcoaching.eom Thursday, October 30, 2003 America Online: LFGI PO Box 16253 G~eer~vi#e, SOuttt Carolina 29~06 T41epr~ne: 864-250.2107 Fax: [,84-250-21132 Te: Altn: Larry Finkelstein C/o Boyl~3n Beach Irma. Chris J. Wilkins F..,,: ,~-,c~5.0773 ..... ~ 4 (~,,du~i,~..cov~. ~-~.). I,~,o,.,= 561-865-0773 ~ ~ 30. 2003 ~ Information f~ Corpo, a~. Coaching x U~mt x For Revtmv [] ~ to.raw,mt x ~ It.~y ~ ~ Recycle - O City of Boy,ton Beach Court-mil ._R~ .Redevelopment Ageney 639~E Oe~an Ave Stdte 10~.Boynto..n B,.~cn Phone: $61- 737-37~6 Fax. ~61 737 $2~8 Fax Cover,Sheet .... ~ , , , Date; _L... , ........... Total Number of Pages: ~_. ~ .......... Company: A/R ~'u~n~d~i~n~t Ine ....... ,... Fax: ~61-737-32~8 From: ,~_nnetta Gray ...... Company: Cia.of.Boy-ton Ben-eh COmmunity Redev.e~pm~eut Antuev Comments: ,, Acltuowled~_om~e and ]fnvo!ce,,n~nehed , , FoR ~NS~O ~ · ~-2~3 Dev~~t'of5~ & ~s ~~t: T~a;~ .. . .. .. D.~TE ~F }~N'tlT~F,: ~ INVOiCF.. NUMBER: ~1 INvOiCE AMOUNT: ,~.000 be malleflto A/~~ I~ p.O. Bmr 1~253, ~, ~otma caromm ~ Date $~.ot~mbex I0. 2005 Not ~om Pl~s~ fax tbi~ di~octb/to A/R Pundit~ I.~:., Fax Nun~r $64-2~0-2102 0~ 30 03 10:49a Lori Dun?ord 5BI-SBB-9?BB p.l CORPORATE CONSULTING & COACHING, INC. TEAM FOR GENESIS PROGRAM Lori B. Dunford, M.Ed., LMHC Project Director Role: To supervise all Program activities and consultants delivering services to Boynton Beach businesses F_xlucation: University of Tampa, B A degree University of Virginia, M.Ed. degree Experience: 14 years of experience as a psychotherapist 10 years of experience consulting with organizations: - Attitude, perception, emotional and behavior change for performance enhancement; improvement of workplace effectiveness - Career and communication coaching to explore issues affecting personal and career performance; EXecutive coaching for advancement, behavior and performance enhancement - Customer relations and sales skills Clientele includes: - AT&T - BellSouth - Pinker Corporation - Washington Mutual Bank - Fidelity Federal - Grand Bank & Trust - Law firms throughout the country - Physician offices throughout Palm Beach County - West Palm Beach Association of Firefighters - City of West Palm Beach Lynn L. Allison, BA, MSW, Ph.D. Assistant Director Role: To assist director in all Program activities and implementation of delivery services to Boynton Beach businesses Education: American University, B.A. Howard University, MSW Indiana University, Ph.D. Experience: Founder and Executive Director for Microenterprise (FLAME); Former director of Women in Development in Barbados, Oct 3o o3 West Indies; Former Administrative Consultant for Pan American Health Organization/World Health Organization for Central, South America and the Caribbean - Program Administration - Plan, fundraise and facilitate programs - Development of new programs - Development of business plans Clientele includes: - Church World Service Refugee Micro Loan Program - Palm Beach County Round Table - Corporation for Enterprise Development - Ford Foundation - Association for Enterprise Opportunities - Washin~on Mutual Bank - JP Morgan - Wachovia Bank -Citibank - COMERICA - Pointe Bank - PL Dodge Foundation - AMSouth - SunTrust Germain Ludwig, BA, MA, MS, Ed.D. Consultant and Program Evaluation Director Education: Suny at Buffalo, BA Columbia University, MA American UniversitY, MS Columbia University, Ed.D. Experience: - Twenty years of experience in managing human resource functions - Designed, developed and conducted organizational development programs for manufacturing, consulting, and financial services industries - Developed innoYativc process for managing health care costs including lifestyle change management, costs controls, and participation incentives, which produced 12% savings - Designed new compensation strategy, which combined performance-based salary increases and bonus payments Oct 30 03 ]0:50a Lori Dun~ord 5G1-SBS-9788 p.3 designing a post-launch evaluation matrix for new products ~ National Telephone Cooperative Association -- International Project Officer for project in Bulgaria Managed Eastern European portfolio - World Learning, Inc. Responsible for coordinating 300 officials, entrepeneurs and decision makers from emerging economies to the US for training and education - World Access, Inc. Responsible for global medical emergencies Clientele includes: - Telecommunication industries - Consumer and industrial goods industries Emily A. Painter Intern,' Graduate Student, Barry University Education: Florida State University, B.S. Currently in Human Resource Development & Administration program at Barry University Experience: Special Events Fundraiser and Community Liaison .Coordinator, Melanoma Foundation Palm Beach County Resource Center Paul Skyers, Financial Consultant Education: University of Central Florida, BS University of Central Florida, MBA Experience: Management and technical assistance to start-up and established businesses, including: - Loan packaging/business planning - Procurement Assistance - Management and Marketing assistance - Financial analysis and implementation; cost analyses; bookkeeping systems; f'mancial planning; business planning Clientele includes: - Pitney Bowes - KFC - Circuit City - Realty investment companies - Kendall Square Associates O~t 30 03 lO:50a Lori Dun~ord 561-588-9788 - City of West Palm Beach - Redevelopment agencies throughout Palm Beach County Palm Beach County Resource Center Financial Consultant Pamela S. Morrison Education: Florida State University, BS Johns Hopkins University, courses toward MBA Experience: Operations management, marketing, staffing, and cost control - Over 14 years of progressive insurance industry experience - Managed a comprehensive yearly training program and implemented new marketing 'and promotion strategies Clientele includes: - 140 cities and counties ~ Maryland through work with Local Government Insurance Trust in Baltimore, MD - large.retailers in the eastern region of the country Consulting team will also include two graduate students from Palm Beach Atlantic University who will assist in various consulting functions -- Robert Palmer and Gay Rodgers. 7 Members - 4 Yr. terms COMMUNITY REDEVELOPMENT AGENCY - 2003 LAST NAME F'rRST EXPZRES ADDRESS PROFESSZONAL NAHE ASSOCTATTON DeMarco Alexander 6/20/06 10817 QUAIL COVEY RD Arvida Realty BOYNTON BEACH 33436 901 N Congress Ave - Ste. B-102 (561) 732-6789 Boynton Beach, FL 33426 (561) 736-2400 Ext. 107 Fax (561) 736-1560 cristale@bellsouth.com Fenton Don 1/10/06 2556 SW 23R° CRANBROOK DR Edward Jones & Company ( BOYNTON BEACH 33436 901 N Congress Avenue, Ste B-101 (561) 737-0793 Boynton Beach, FL 33426 (561) 737-1442 Fax (561) 364-1536 Finkelstein Larry 1/10/05 LAMAR REALTY CORPORATION Lamar Realty Corporation 114 N FEDERAL HVVY, STE 202 114 N Federal Hwy., Ste 202 BOYNTON BEACH 33435 Boynton Beach, FL 33435 (561) 736-9790 C~/ai/' · Fax (561) 423-2432 Ifgi@aol.com Fisher Charles 6/20/04 8069 STIRRUP CAY COURT Image Solutions BOYNTON BEACH 33436 Boynton Beach, FL (561) 364-8717 c.m.fisher(~att net Heavilin Jeanne 1/10/05 PO BOX 3693 (734 NE 9TM AVE) Sailfish Realty BOYNTON BEACH 33424 532 E Ocean Avenue (561) 731-4474 Boynton Beach, FL 33435 (561) 738-6613 Vice Chair Fax (561) 738-7911 jheavilin@msn.com Hoyland Michelle 1/10/04 926 SUNSET ROAD City of Delray Beach BOYNTON BEACH 33435 Planning & Zoning Dept. (561) 736-8668 100 NW ist Avenue Delray Beach, FL 33444 (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 3og Road (561) 965-6776 Boca Raton, FL 33496 (561) 241-2200, Ext. 2540 6 S:\CC\WPXBOARDS\LISTS\CRA Board.doc - bg - 10/30/2003 COMMUNZTY REDEVELOPMENT AGENCY - ROLL CALL VOTES YES NO YES NO YES NO Chairman Finkelstein Alexander DeMarco Charles Fisher Don Fenton Vice Chair Heavilin Michele Ho~jland Henderson Tillman YES NO YES NO YES NO Vice Chair Heavilin Alexander DeMarco Charles Fisher Don Fenton Chairman Finkelstein Michele Hoyland Henderson Tillman YES NO YES NO YES NO Michele Ho~/land Alexander DeMarco Charles Fisher Henderson Tillman Chairman Finkelstein Vice Chair Heavilin Don Fenton YES NO YES NO YES NO Henderson Tillman Chairman Finkelstein Charles Fisher Michele Ho~Jland Alexander DeHarco Vice Chair Heavilin Don Fenton s:\cc\wp~minutes\cra\roll call sheets.doc Mr. Hutchinson stated that the November meeting date has to be changed because it falls on a Holiday. Staff is recommending that the meeting be changed to November 20th. Vice Chair Heavilin recommended moving the November 20th date up. Mr. Hutchinson pointed out that some items might have already been advertised. Mr. Hutchinson said that they will check into this and report back at the October 30th meeting. Chairman Finkelstein recommended just hearing the car wash item and moving the remaining items to the October 30th meeting. - Page 1 of 2 Prainito, Janet To: Gray, Annette Subject: RE: CRA November 20th Board Meeting Annette, I don't want to go back and forth on this either. I copied Kurt and Wilfred because I answer to them for my actions just as you answer to Doug. They need to be aware of what is going on. Although there is a problem in this instance, you need to know that we do not schedule other meetings in the Chambers on the third Thursday of each month. It is reserved for the CRA. I don't know what, if anything went on with Barbara, but unfortunately, the Chambers are not available and we cannot reschedule the meeting that has been advertised by Utilities. If the Library is available, there should be no harm done since P&Z ads have not yet been published. Janet ..... Original Message ..... From: Gray, Annette Sent: Thursday, October 30, 2003 9:48 AM To: Prainito, Janet Subject: RE: CRA November 20th Board Meeting Janet, I am not cc everyone on this because I do not want it to become a big issue. However, I did call and speak with Barbara about the date; she put me on hold and told me it was available after speaking with her I wrote a memo to the board recommending the 20th (the reason why I call was because I needed the date to include in the last packed of backup information) The date was never up in the air please see page 3868 of the October packet. I will work on using the Library. ..... Original Message ..... From: Prainito, Janet Sent: Thursday, October 30, 2003 8:52 AM To: Gray, Annette Cc: Hutchinson, Douglas; Bressner, Kurt; Hawkins, Wilfred; Costello, Joyce Subject: RE: CRA November 20th Board Meeting According to our calendar, the ORA reserved the Library for November 20 @ 6:00 p.m. for a workshop meeting to discuss Design Guidelines. I cannot confirm when that reservation was made, but I (myself) put it on our calendar. Because the OFIA was planning to have a workshop meeting on November 20 in the Library, my staff knew that the Chambers would be available if anyone else needed to use them. The Utilities Department scheduled a community involvement meeting for that evening. I don't know when the ORA made the decision to change their regular November monthly mooting to November 20, but we were not aware of that change. According to Barbara Madden, she did not have a discussion with you regarding the availability of the Chambers on November 20. As a matter of fact, she reported to us the day after the October 14 eFtA Mooting that the OFIA Board would decide the date and time of their regular November mooting at tonight's mooting (October 30). The Oity Clerk's Office does not schedule any meetings in the Chambers on the third Thursday of the month so that the meeting space will be available if the GFIA's agenda is too long to be addressed on the regular mooting night. However, in this instance, my staff acted appropriately in 10/30/2003 Page 2 of 2 scheduling another meeting in the Chambers because the CRA was scheduled to be in the Library. Since the Utilities Department has already advertised this meeting to 1,500 residents and expects more than 100 in attendance, I would suggest that you contact the Library to see if the CRA meeting can be held at that location. If the Library is available, we can put notices on the doors advising the public that the meeting has been moved. If I can assist, please let me know. ..... Original Message ..... From: Gray, Annette Sent: Wednesday, October 29, 2003 5:20 PM To: Prainito, Janet Cc: Hutchinson, Douglas Subject: CRA November 20th Board Meeting Janet hello, I received a call from Connie today explaining that we could not use the chambers for our Board meeting on the 20th. Please verify this information for me because I called to check the schedule with Barbara prior to announcing the date to the Board and P&Z. P& Z has announced the date and location. As a follow up point; over a year ago The CRA established the 3rd Thursday of each month for our default meeting date for those months that our agenda carries over. Meeting should not be booked on the third Thursday without giving the CRA notice or right of first refusal. Please advise. Thank you for your help. '~oyt~or~ ~e.~¢h CrtA 10/30/2003 (UNDER DIRECT INCENTIVE PROGRAM) This is an Agreement entered into on the day of , 2003, by and between: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY a public agency created pursuant to Chapter 163, Part III of the Florida Statutes (hereinafter referred to as "CRA"), with a business address of 639 East Ocean Avenue, Suite 107, Boynton Beach, Florida 33435, and BOYNTON VENTURES I, LLC., a Florida corporation, (hereinafter referred to as the "Developer" or "Boynton Ventures"), with a business address of 319 Clematis Street, Suite 512, West Palm Beach, Florida 33401. RECITALS: WHEREAS, as part of its strategy to "encourage large-scale projects, which define new markets, quality, innovation and character in the CRA area" the CRA has adopted a Direct Incentive Program dated January 22, 2003 (hereinafter the "Direct Incentive Program"); and WHEREAS, Developer submitted an application to the CRA for funding a Direct Incentive for the Arches of Boynton Beach Project (hereinafter the "Project"); and WHEREAS, at the May 15, 2003 meeting the CRA Board approved said application with a project scoring of 110 points (making the Project eligible for the maximum incentive under the Direct Incentive Program), subject to approval of a mutually acceptable contract, and which Direct Incentive is the subject of a separate companion agreement (hereinafter the "Direct Incentive Agreement"); and WHEREAS, at the May 15, 2003 meeting the CRA Board also approved in concept front loading or advance funding for the Project in the amount of $2,000,000 (Two Million Dollars), which advance funding is the subject of this Agreement; and WHEREAS, this Agreement is not intended to be a "Development Agreement" within the meaning of Florida Statutes, Section 163.3221; and WI-IEREAS, at its meeting, the CRA Board approved this Agreement. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements her~in contained and other good and valuable consideration, the receipt of which is hereby acknowledged, it is agreed herein between the parties hereto as follows: Section 1. Incorporation of Recitals. The above recitals and true and correct and are incorporated in this Agreement by reference. Section 2. Definitions. As used in this Agreement the following terms shall have the following meanings: "Advance Funding Account" means the account established by the CRA under Section 8 of this Agreement, which account shall be used to maintain a record of all disbursements from the $2,000,000 (Two million dollars) and credits toward repayment. "Agreement" means this Advance Funding Agreement and all exhibits and attachments thereto, as any of the same may hereafter be amended from time to time, in accordance with the Stems of this Agreement. ^,~ i lCity" mean~ the ~ity of Boynton B,~ach, Florida./ ~t,~e (-4s~~t"°~ ~ Commence' or Commencement as such terms/relate to the commencement of ~j construction of the Project as required hereunder, means th:h~isuanissuance by the C~ty' of the permit' ,~ required for the commencement of dem?!?~-~,~t~zr z:".: .~:::!Szand the commencement of such ~de_'"e!!~_~_-'_ _'2r cite '.v~!: pursuant to and in ~orda~ce with suc'~ permit. ~J' "Developer" means Developer (and any assignee or transferee of the Developer that is e[ permitted under this Agreement, from and after the date of such permitted assignment or \ transfer) "Other Public Areas" means all Public Areas other than the Public Parking, but shall not include the Public Utilities, which shall be dedicated to the public. "Project" means the Arches of Boynton Beach Project as described above in the second "whereas" clause, and as further described in,~e Site Plan defined below. Project Increment Revenues'/rneans the amount deposited in the Redevelopment Trust Fund for the Redevelopment ~r~e~p~u~rsua.nt to Florida Statutes, Section 163.387, which is attributable to the Project, using ~ as the base year in calculating such increment revenues, so that increment revenues for the Project is equal to all amount over the base year amount. "Property" means the real property described on Exhibit A. "Public Im rov m .... ~ ~~ p e enrs mean~.s~e streetscape, public plaza and walkways, ~ ............. · - ....-t and~publ..ic §paces within the parking garage, as shown on the ~ 2 "Public Parking" means the first 167 parking spaces upon entry into the parking garage, including parking for the disabled required for the Project under applicable laws. Proj P"P]3]~ic Uti~a~" mea~lities c~cted by~oper in,,~llpOl~ ~ ease ts. "Redevelopment Area" means those areas within the limits of the City which have been declared Blighted in accordance with the provisions of Florida Statutes, Chapter 163, Part III. "Redevelopment Trust Fund" means the trust fund established pursuant to Section 163.387, Florida Statutes for the deposit of incremental revenues attributable to the Redevelopment Area. "Schedule of Values" means the document prepared by the Developer's architect of record, showing a listing of the Public Improvements and their value. The Public Parking shall be shown as the allocated portion of the costs of the Public Parking, arrived at by dividing the number ~fPublic Parking spa~by total number of parking spaces in the garage ~~A~. t~~[~,[~$ ' Site Plan" means the site lan for the Pro ect a r v ~ - '~ ~" -~' p ,j pp o ed by me Uity of Boy~iton Beach City Commission by motion on June 3, 2003, and as may be amended by the City from time to time. "Soft Costs" means architectural, engineering, surveying, consultant, development, legal, design, accounting, and all other professional fees and costs, and including 8~ial overhead incurred during or in connection with the Public Improvements. . ~, Substantial Completion" or "Substantially Complete" means the completion of 90% of the condominium units and 90% of the square footage of commercial space, as evidenced by issuance of a certificate of occupancy for such units and commercial space. "Tax Collector" means the duly elected tax collector for Palm Beach County. "Tax Roll" means the real property ad valorem assessment roll maintained by the Property Appraiser for the purpose of the levy and collection of ad valorem taxes. Any terms used herein which are not defined shall have the meanings as set forth in the Direct Incentive Agreement. Section 3. Effective Date. This Agreement shall be effective on the date that the last party to sign executes this Agreement Section 4. Developer's Construction of the Proiect. Developer agrees to construct the Project as described in the Site Plan and to maintain the public parking and other public areas as set out therein. The Site Plan may be modified from time to time by Developer in accordance with and pursuant to the Code of Ordinances of the City of Boynton Beach; provided, however, that the Developer shall not have the right to~ modify the number of ~sidential units, the ambunt of commercial square footage, the size of the Pubic Improvements,~r any other change which would ~ reduce the taxable value of the Project, without the~rior approval of the Section 5. Commencement of Construction. Developer agrees to commence construction of the Project within 180 days of the Developer pre-selling 70% plus one of the ~The Developer shall have the right to extend the commencement date by up to s_ix months o.n ar showing by the Developer to the CRA that the Developer has diligently pursued the construction stuart and that any delay is beyond the control of the Developer. Section 6.(~vt~%~'oC~m~lmp]etion Guarantee. Developer agrees to provid~-~ the~A the'~"~ I same fo~co~pletion guarantee that Developer provides to its lenderl~Such completion I guarantee shall 'bl[ provided to the CRA within 15 business days of providin~ iuch guarantee to ] ;he Developer's,l~der. ~/ SeCtion (7.~Advance Funding to be Applied to Developer Cost of Public Improve-The advance funding is extended to the Developer to be used for the construction of Public Improvements. Se~. Advance Funding Amount and Establishment of Account. The CRA agrees to advance fund to Developer the principal amount of $2,000,000 (Two Million Dollars). The CRA agrees to maintain such principal amount in a segregated account within the CRA book of accounts, to be identified as "The Arches Public Improvements Advance Funding Account." Such segregated account shall be established within 15 days after notice from the Developer to the CRA that construction has commenced. Developer agrees to provide the CRA with a Schedule of Values prepared by the Developer's architect of record, showing a listing of the Public Improvements and their~value. ~O Section 9. Method o~ement. After commencement of construction, the Developer may make applica~l~n for disbursement to the CRA from time to time, but not more often than once every ~ days. Such application for disbursement shall contain the certification of the architect of record showing the percentage of completion of the various items on the Schedule of Values.lSuch application shall include a factor which equals 25% of the ~o_nstmctu~'on or "hard" costs, to reimburse Developer for~ts Soft Costs in connection with the Public Improvements, it being the intent of the parties that Developer shall be paid all of its direct and indirect costs in connection with the Public Improvements, up to the $2 million limit. Within 15 days of receipt of each application for disbursement the CRA shall disburse the ~avment to the Develo er 1 ' · p ym p by e ectronic transfer to Developer s project bank account. Section 10. Interest Charges Applicable to the Advance Funded Principal. Eighteen months after commencement of construction or such earlier time that the Developer has received the entire $2 million in advance funding, the CRA shall apply an interest factor to the principal amount. Such interest shall be the then prevailing rate for the Florida Municipal Bond Index for five year maturities. Interest shall be calculated quarterly, and prorated where applicable. All interest shall accrue and be added to the then outstanding principal balance of the Advance Fufiding Account. All computations of interest shall be applied solely to the advanced principal, exclusive of interest. No other charges shall be assessed to the Advance Funding Account, including but not limited to administrative fees and/or overhead, it being to intent of the parties that the sole charge to the account shall be the interest charges described in this section. Section 11. Annual Amounts Payable to Developer under Direct Incentive Agreement to be Applied to the Advance Funding Account Balance. The 50% of annual Project Increment Revenues payable to Developer under the companion Direct Incentive Agreement shall be credited against the amount of advanced principal and accrued interest owed under the Advance Funding Account. At such time as the amount owed under the Advance Funding Account is paid in full, all of the 50% of annual Project Increment Revenues shall thereafter be paid directly to the Developer. Section 12. No Lien on Property. The parties hereby agree that the sole source for payment of the Advance Funding Account shall be the Project Increment Revenues. In no event shall this Agreement or the Advance Funding amount be considered a lien or encumbrance upon the Property. Section 13. No Pledge of Segregated Advance Funding amount. The CRA warrants and represents to Developer that the $2 million to be placed in the Advance Funding Account is not the subject of any prior pledge by the CRA, and further agrees that such monies shall not be pledged, hypothecated or secured by the CRA in the future. Section 14. CRA's Maintenance of Records and Annual Account Funding, Quarterly Reports to Developer. Commencing with the date of this agreement, the CRA shall maintain and administer separate financial records which reflect terms of this Agreement Such records shall clearly document for the benefit of the CRA and the Developer all amounts deposited in and disbursed from the Advance Funding Account and all amount credited toward and payable under the account. The CRA shall provide quarterly reports to the Developer, within 10 business days of the application of quarterly interest charges. In the event the Developer believes there is an inaccuracy in any report the Developer shall have the right to challenge such report (or reports) and the parties shall meet within 10 business days of such challenge, and attempt to resolve the disputed amount in good faith. Section 15. Termination. The obligations of Developer and CRA under this Agreement shall terminate upon the earlier of (i) payment in full of the amount due in the Advance Funding Account or (ii) failure by the Developer to commence construction of the Project on or before the construction commencement date set forth in Section 5 above, unless extended as provided therein. Section 16. Events of Default. In the event of any default under this Agreement between the CRA and Developer, the defaulting party, upon written notice from the other, shall proceed immediately to cum the default and shall cure the default within 60 days after receipt of the Default Notice. If at the end of such 60 day period the defaulting party is proceeding diligently to cure the default, the cure period shall be automatically extended for an additional 60 days. If the defaulting party fails to cure such default within the Cure Period the parties shall have all available legal remedies. 16.1 Unavoidable Delay. In the event of delay in performance of either party hereto under this agreement due to unforeseeable causes beyond its control and without its fault or negligence, including, but not limited to, acts of God, acts of government (including, but not limited to, delays in issuing permits or other approvals required for construction), acts of the other party, fires, floods, strikes, freight embargoes, unusually severe weather, or delays of subcontractors due to such causes, the time for performance of such obligations shall be extended for the period of the enforced delay, provided the party seeking the benefit of the provisions of this paragraph shall, within 30 days after the beginning of any such enforced delay, have notified the other party in writing of the causes and requested such extension. 16.2 Enforcement of Performance, Damages, and Term/nation. If an event of Default occurs, the non-defaulting party may elect to do any or all of the following: (i) enforce performance or observance by the defaulting party of the applicable provisions of this Agreement or (ii) terminate this Agreement and the non-defaulting party's obligations under this Agreement 16.3 Strict Performance. No failure by either party to insist upon strict performance of any covenant, agreement, term or condition of this Agreement or to exercise any right or remedy available to such party by reason of the other party's Default and no payment or acceptance of full or partial payments of amount due under this Agreement during the continuance (or with CRA's knowledge of the occurrence) of any Default or Event of Default, shall constitute a waiver of any such Default or Event of Default or of such covenant, agreement, term, or condition or of any other covenant, agreement, term, or condition. No waiver of any Default shall affect or alter this Agreement, but each and every covenant, agreement, term, and condition of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent Default. Payment by either party of any amounts due under this Agreement shall be without prejudice to and shall not constitute a waiver of any rights against the other party provided for under this Agreement or at law or in equity. One party's compliance with any request or demand made by the other party shall not be deemed a waiver of such other party's right to contest the validity of such request or demand. All the terms, provisions, and conditions of this Agreement shall inure to the benefit of and be enforceable by the Parties hereto, and their respective successors and assigns. The Agreement shall not be construed more strictly against one party than against the other, merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that both parties have contributed substantially and materially to the preparation of the Agreement. 16.4 Remedies under Bankruptcy and Insolvency Codes. If an order for relief is entered or if any stay of proceeding or other act becomes effective against Developer or in any proceeding which is commenced by or against Developer under the present or any future federal bankruptcy code or in a proceeding which is commenced by or against Developer, seeking a reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any other present or future applicable federal, state or other bankruptcy or insolvency statute or law, CRA shall be entitled to invoke any and all rights and remedies available to it under such bankruptcy or insolvency code, statute or law or this Agreement. Section 17. No Brokers. CRA and Developer each represent to the to the other that it has not dealt with any broker, finder, or like entity in connection with this Agreement or the transactions contemplated hereby, and each party shall indemnify the other against any claim for brokerage commissions, fees, or other compensation by any person alleging to have acted for or dealt with the indemnifying party in connection with this Agreement or the transactions contemplated hereby. Section 18. Notices and Other Communications. Whenever it is provided herein that notice, demand, request, consent, approval or other communication shall or may be given to, or served upon, either of the parties by the other (or any Recognized Mortgagee), or whenever either of the parties desires to give or serve upon the other any notice, ~emand, request, consent, approval or other communication with respect hereto or to the Project.~Teach such notice, dem,,and request, consent, approval or other communication (referred to in thig' Section 16 as a "Notice ) shall be in writing (whether or no so indicated elsewhere in this Agreement) and shall be effective for any purpose only if given or served by (i) certified or registered United States Mall, postage prepaid, return receipt requested, (ii) personal dehvery with a signed receipt or (iii) a recognized national courier service, addressed as follows: If to Developer: Boynton Ventures I, LLC 303 Banyan Blvd. Suite 403 West Palm Beach, FL 33401 With copies to: Gregory E. Young, Esq. Edwards & Angell, LLP One North Clematis Street Suite 400 West Palm Beach, FL 33401 and Patrick N. Brown, Esq. 821 Flamingo Drive West Palm Beach, F1 33401 If to CRA Boynton Beach Community Redevelopment Agency 693 East Ocean Avenue, Suite 107 Boynton Beach, Florida 33435 With a copy to: Lindsey A. Payne, Esq. Goren CherofDoody & Erzol, PA 3099 E. Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 18.1 Any Notice may be given in a manner provided in this Agreement on either party's bet/all by its attorneys designated by such party by Notice hereunder. 18.2 Every Notice shall be effective on the date actually received, as indicated on the receipt therefor or on the date delivery thereof is refused by the recipient thereofi Section 19. Amendments and Waivers. The Agreement may not be amended, modified, altered, or changed in any respect whatsoever, except by a further agreement in writing duly executed by the parties hereto. Section 20. Assignment. Prior to Substantial Completion of the Project Developer shall not transfer or assign its interest in this Agreement to any other person or entity without the prior written consent of the CRA: provided, however that prior to Substantial Completion this Agreement may be transferred without consent to any successor entity in which Boynton Ventures I, LLC owns or controls 5% of such entity. After S~gbstanti,al Completion this Agreement may be transferred t~,y ,~~ the Developer without restriction. ~,~,~e~eal~ ~,,'l,.~, ,7t-~4., ~ ~'~ ~ect~on 21. Successors [md Assigns. THe agreements, terms, covenants, and'conditions ' herein shall be binding upon and inure to the benefit of the CRA and the Developer, and, except as otherwise provided herein, their respective successors and permitted assigns. Section 22. Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. Section 23. Insurance. All parties hereto understand and agree that the CRA does not intend to purchase property insurance in connection with this Project. Section 24. Exhibits. Each Exhibit referred to in this Agreement forms an essential part of this Agreement. Any exhibits not physically attached shall be treated as part of this Agreement and are incorporated herein by reference. Section 25. Headings. Headings herein are for convenience of reference only and shall not be considered on any interpretation of this Agreement. Section 26. Severability. If any provision of this Agreement or application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. Section27. Governing Law and Venue. This Agreement and the Restrictive Covenants shall be governed by the laws of the State of Florida with venue lying in Palm Beach County, Florida. .Section 28. Priority of Interpretation. In the event of any conflict between the terms and conditions of this Agreement, the Advance Funding Agreement and the Direct Incentive Program, the following shall be the order of priority for interpretation: (a) The Direct Incentive Agreement (b) This Agreement . (c) The Direct Incentive Program dated January 22, 2003 Section 29. No Recording. This Agreement shall not be recorded in the Public Records of Palm Beach County, Florida. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. BOYNTON VENTURES I LLC By: Name (witness) (wimess) BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Chairman (witness) (wimess) STATE OF : .' SS: COUNTY OF : BEFORE ME, an officer duly authorized by law to administer oaths and take aclmowledgments, personally appeared as of BOYNTON VENTURES I, LLC and acknowledged under oath that he/she has executed the foregoing Agreement as the proper official of BOYNTON VENTURES I, LLC, for the use and purposes mentioned herein and that the instrument is the act and deed of BOYNTON VENTURES I, LLC. He/she is personally known to me or has produced as identification. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this __ day of 2003. My Commission Expires: Notary Public, State of Florida at Large STATE OF : : SS: COUNTY OF : BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared as Chairman of and acknowledged under oath that he/she has executed the foregoing Agreement as the proper official of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY for the use and purposes mentioned herein and that the instrument is the act and deed of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY. He/she is personally known to me or has produced as identification. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this __ day of 2003. My Commission Expires: Notary Public, State of Florida at Large Final October 6, 2003 10 DIRECT INCENTIVE FUNDING AGREEMENT This is an Agreemem emered imo on the day of , 2003, by and between: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III of the Florida Statutes, (hereinafter referred to as "CRA"), with a business address of 639 East Ocean Avenue, Suite 107, Boynton Beach, Florida 33435, and BOYNTON VENTURES I, LLC., a Florida corporation, (hereinafter referred to as the "Developer" or "Boynton Vemures"), with a business address of 319 Clematis Street, Suite 512, West Palm Beach, Florida 33401. RECITALS: WHEREAS, as part of its strategy to "encourage large-scale projects, which define new markets, quality, innovation and character in the CRA area" the CRA has adopted a Direct Incentive Program dated January 22, 2003 (hereinafter the "Direct Incemive Program"); and WHEREAS, Developer submitted an application to the CRA for fimding a Direct Incemive for the Arches of Boynton Beach Project (hereinafter the "Project"); and WHEREAS, at the May 15, 2003 meeting the CRA Board approved said application with a project scoring of 110 poims (making the Project eligible for the maximum incemive under the Direct Incemive Program), subject to approval of a mutually acceptable contract; and WHEREAS, at the May 15, 2003 meeting the CRA Board also approved in concept from loading or advance funding for the Project in the amount of $2,000,000 (Two Million Dollars), which advance funding is the subject of a separate companion agreemem (hereinafter the "Advance Funding Agreemem"); and WHEREAS, this Agreement is not imended to be a "Developmem Agreemem" within the meaning of Florida Statutes, Section 163.3221; and WHEREAS, at its meeting, the CRA Board approved this Agreemem. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreemems herein contained and other good and valuable consideration, the receipt of which is hereby acknowledged, it is agreed herein between the parties hereto as follows: Section 1. .Incorporation of Recitals. The above recitals and true and correct and are incorporated in this Agreement by reference. Section 2. Definitions. As used in this Agreement the following terms shall have the following meanings: "Agreement" means this Direct Incentive Funding Agreement and all exhibits and attachments thereto, as any of the same may hereafter be amended from time to time, in accordance with the terms of this Agreement ilCity"means the City ofBoynton Beach, Florida.. ~ ~a-~ ~~ Comn}e_nce" or "Commencement" as such t~s relate to the commencement of construction of the Project as required hereunder, mea/l's the issuance by the City of the permit required for the commencement cf dc. illc, l~t~c, ii ~d/Oi~tc -~u~k and 'the commencement of such ..... ~,,~,,,, o,~c ;;'~'K pursuant to and in accordance with such permit. "Other Public Areas" means all Public Areas other than the Public Parking, but shall not include the Public Utilities, which shall be dedicated to the public. "Developer" means Developer (and any assignee or transferee of the Developer that is permitted under this Agreement, from and after the date of such permitted assignment or transfer). "Pledged Project Increment Revenues" means 50% of the Project Increment Revenues. "Project" means the Arches of Boynton Beach Project as described above in the second "whereas" clause, and as further described in the Site Plan defined below. "Project Increment Revenues" meaz~f2o/)/2: ~ -r unt deposited in the Redevelopment Trust Fund for the Redevelopment _Area pgts~'uant to Florida Statutes, Section 163.387, which is attributable to the Project, using ~ as the base year in calculating such increment revenues, so that increment revenues for the Project is equal to all amount over the base year amount. "Property" means the real property described on Exhibit A. "Public Improvements" means the streetscape, public plaza and walkways, ~e deducted ~ :keq:mJalic, and pul~lic, spaces, within the parkine garage, as shown on the ~ ~t~~ "Public Parking" means the first 167 parking spaces upon entry into the parking garage, including parking for the disabled required for the Project under applicable laws. [ ubhc Utthties'~s all utilitie,~,"~,'~tstructed by the~eveloper in support Proj~ect~ate~o the-~a~l~g"t~ln~ove~P;urbll~~Of the ease public 2 "Redevelopment Area" means those areas within the limits of the City which have been declared Blighted in accordance with the provisions of Florida Statutes, Chapter 163, Part III. "Redevelopment Trust Fund" means the trust fund established pursuant to Section 163.387, Florida Statutes for the deposit of incremental revenues attributable to the Redevelopment Area. "Site Plan" means the site plan for the Project approved by the City of Boynton Beach City Commission by motion on June 3, 2003, and as scheduled by the City Commission to be corrected for errors on October 21, 2003 or as soon thereafter as is possible, and as may thereafter be amended by the City from time to time. "Substantial Completion" or "Substantially Complete" means the completion of 90% of the condominium units and 90% of the square footage of commercial space, as evidenced by issuance of a certificate of occupancy for such units and commercial space. "Tax Collector" means the duly elected tax collector for Palm Beach County. "Tax Roll" means the real property ad valorem assessment roll maintained by the Property Appraiser for the purpose of the levy and collection of ad valorem taxes. Sectio_____n_n 3. Effective Date. This Agreement shall be effective on the date that the last ,, party to sign executes ~e'~ent . .._ ..~ ~ ..., ~ ~ ~ ~------....~ . .~' .. ev_e!°persConstructlonofthe)~/rroject. Developeragreest~c;~s~e'~/~s~.~ m'o~cr as ctescnoect m the Site Plan and to maintain th, dpublic l~arkine and other vu61ic area~q aq ~et t-[ _out~ th'~m. The Site Plan may be modified from tij~e to tim~ by D~eveloper ir~cc~r~anc--e~vi'~ , .a~n~p_ur_.s_,_h~_ ! to the Code of Ordinances of the C!~ of Boynton Beach; provCed, however, that shall not have the right to ~ reduce the number of ~sidential units, the hrnount of cohg-'nercial square footage, the size of the Pubic Improvements~or. any other change which w..o~uld ~y_ reduce the taxable value of the Project without the flor a royal of th . . . _ c.omme.n. . nt of const ction, f eveloper agrees to commence ,---c°nsrrucn°n. . og~Ithe, l-'roJect w~th~n 180 days of the. Developer pre-selling 70% plus one of the r ¥e op r h v¢ r, ght to xtend omm noement d te by six months on a showing by the Developer to the CRA that the Developer has diligently pursued the construction start and that any delay is beyond the control of the Developer. section6. Direct Incentive Funding to Offset Developer Cost of Public Improvements. The incentive funding is granted to the Developer for the purpose of offsetting in part the DeveloPer's cost of constructing the Public Improvements. ' Section 7 ' ' . .----x-w--. -' Direct Incentive ~~r~ The CRA hereby agrees to ctirect fund, that is, to pledge and assign to Developer for a period of 10 consecutive years, as provided in Section 8, an annual amount which equals the Pledged Project Increment Revenues. Section 8_, Commencement and Conditions of Funding. The 10 year period shall commence on the year that the following conditions are met.' (i) the Project is Substantially Complete, (ii) the completed improvements have been placed on the Tax Rolls, and (.iii) the CRA has received project Increment Revenues from such improvements. The ,Pledged Project Increment~Revenues shall be credited or disbursed within 30 days of the CRA s receipt of such revenues Irom the Tax Collector, as follows: (i) first credited to the balance owing, if any, under the Advance Funding Agreement, (ii) if no amount is due and owing under the Advance Funding Agreement such revenues shall be disbursed to the Developer. Section 9. No Pledge of Pledged Project Increment Revenues. The CRA warrants and represents that such Pledged Project Increment Revenues are not the subject of any prior pledge by the CRA, and agrees that such revenues, shall not be assigned, pledged, hypoth~ated/ or secured by the CRA in the fumre.~,,~-,t,~t,~ ~"~'~t '7~)f '7~ ~'~ Section 10. Advance Funding. The CRA has agreedto adv~',,c&,,.~.e principaJ amount of $2,000,000 (Two Million Dollars) in accordance~'~ ~'-' ~"withqt~ of compamon Advance Funding Agreement. Section ll. CRA's Maintenance of Records and Annual Account Funding. Commencing with the date of this agreement, the CRA shall maintain and administer separate financial records which reflect terms of this Agreement Such records shall clearly document for the benefit of the CRA and the Developer, the Base Year amount and the annual revenue collected by the CRA attributable to the Project and the annual amounts owing and paid under this Agreement, and shall also reflect all amounts credited toward and payable under the Advance Funding Agreement. Section 12. Termination. The obligations of Developer and CRA shall terminate upon the earlier of (i) expiration of the Project Increment Revenues payments to Developer as provided in Section 7 hereof as a result of the expiration of the agreed upon payment periods; or (ii) failure by the Developer to commence construction of the Project on or before the construction commencement date set forth in Section 5 above, unless extended as provided therein. Section 13. Restrictive Covenants. Upon the earlier of (i) Substantial Completion of the Project, or (ii) recordation of all condominium documents, Developer shall execute and record a restrictive covenant regarding the Public Parking and Other Public Areas (the "Public Parking Restrictive Covenant" and the "Other Public Areas Restrictive Covenants") as hereinafter provided. The Restrictive Covenants are attached hereto as Exhibits C and D respectively. 13.1 Public Parking Restrictive Covenants. The Public Parking Restrictive Covenants shall include the following terms: 4 13.1.1 The garage shall contain 167 "first come-first served" parking spaces open to the general public as shown on the Site Plan. 13.1.2 Signage for such parking shall meet the requirements of the City code, and shall be located prominently on the exterior and interior of the parking garage to identify the Public Parking and shall at all times during the remaining useful life of the structure be maintained as such. 13.1.3 The Public Parking shall be free to the public during the 10 year period that the Project receives the Direct Incentive under this Agreement, and after such 10 year period the Developer shall have the fight to charge such fees as will allow the Developer to recover all its direct operating expenses for the spaces, as well as reasonable amounts for a reserve for replacement and/or capital repairs and for depreciation. 13.1.4 The Developer shall have the right to control public access or otherwise secure the garage between the hours of 12:30 am and 6:30 am, and shall have the right to adopt reasonable rules and regulations for the operation and security of the garage. 13.1.5 The Public Parking Restrictive Covenants shall continue as long as the buildings are in existence notwithstanding the foreclosure of the Project by the lender owning a mortgage encumbering the Property. The Public Parking Covenants shall be filed with the Property Owners Association and shall remain in effect for the life of the Property Owners Association. 13.1.6 The Parking Restrictive Covenant shall be superior to all liens and encumbrances including, without limitation, any mortgages, on the Property and shall be recorded in the Public Records of Palm Beach County, Florida. 13.1.7 In the event that, prior to commencing funding by the CRA under this Agreement or under the companion Advance Funding Agreement, the CRA terminates this Agreement for any reason other than a failure of the Developer to materially comply with the terms of this Restrictive Covenant, then this Restrictive Covenant shall be deemed terminated, which shall be evidenced by recordation of an affidavit of the Developer in the Public Records that such termination has taken r~lace. 13.2 ~eas Restrictive Covenants. The Other Public Areas Restrictive Covenants shall contain the following terms: c 13.2.1 The public plaza and public walkways as shown on t~an ~r /~ff.~e accessible to the general public as provided in this section. The Developer shall have the right to control public access or otherwise secure the ~eas between the hours of 12:30 am and 6:30 am, and shall have the right to adopt reasonable roles and regulations for the operation and security of such areas. 13.2.3 The r~,~. r~ ~.~ Areas v-.cz ~xz .... Restrictive Covenants shall continue as long as the buildings are in existence notwithstanding the foreclosure of the Project by the lender owning a 5 mortgage encumbering the Property. The ~ Covenants shall be filed with the Property Owners Association and shall remain in effect for the life of the Property Owners Association. 13.2.4 The O~&er Pu5~2c Ar~ Restrictive Covenant shall be superior to all liens and encumbrances including, without limitation, any mortgages, on the Property and shall be recorded in the Public Records of Palm Beach County, Florida. 13.2.5 In the event that, prior to commencing funding by the CRA under this Agreement or under the companion Advance Funding Agreement, the CRA terminates this Agreement for any reason other than a failure of the Developer to materially comply with the terms of this Restrictive Covenant, then this Restrictive Covenant shall be deemed terminated, which shall be evidenced by recordation of an affidavit of the Developer in the Public Records that such termination has taken place. Section 14. Events of Default. In the event of any default under this Agreement between the CRA and Developer or under the Restrictive Covenants, the defaulting party, upon written notice from the other, shall proceed immediately to cure the default and shall cure the default within 60 days after receipt of the Default Notice. If at the end of such 60 day period the defaulting party is proceeding diligently to cure the default, the cure period shall be automatically extended for an additional 60 days. If the defaulting party fails to cure such default within the Cure Period the parties shall have all available legal remedies. 14.1 Unavoidable Delay. In the event of delay in performance of either party hereto under this agreement due to unforeseeable causes beyond its control and without its fault or negligence, including, but not limited to, acts of God, acts of government (including, but not limited to, delays in issuing permits or other approvals required for construction), acts of the other party, fires, floods, strikes, freight embargoes, unusually severe weather, or delays of subcontractors due to such causes, the time for performance of such obligations shall be extended for the period of the enforced delay, provided the party seeking the benefit of the provisions of this paragraph shall, within 30 days after the beginning of any such enforced delay, have notified the other party in writing of the causes and requested such extension. 14.2 Enforcement of Performance, Damages, and Termination. If an event of Default occurs, the non-defaulting party may elect to do any or all of the following: (i) enforce performance or observance by the defaulting party of the applicable provisions of this Agreement or (ii) terminate this Agreement and the non-defaulting party's obligations under this Agreement; provided, however, that once the Project is Substantially Completed the Project Increment Revenues can only be discontinued upon a failure of the Developer to substantially comply with the terms of the Restrictive Covenant. 14.3 Strict Performance. No failure by either party to insist upon strict performance of any covenant, agreement, term or condition of this Agreement or to exercise any fight or remedy available to such party by reason of the other party's Default and no payment or acceptance of full or partial payments of amount due under this Agreement during the continuance (or with CRA's knowledge of the occurrence) of any Default or Event of Default, shall constitute a waiver of any 6 such Default or Event of Default or of such covenant, agreement, term, or condition or of any other covenant, agreement, term, or condition. No waiver of any Default shall affect or alter this Agreement, but each and every covenant, agreement, term, and condition of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent Default. Payment by either party of any amounts due under this Agreement shall be without prejudice to and shall not constitute a waiver of any rights against the other party provided for under this Agreement or at law or in equity. One party's compliance with any request or demand made by the other party shall not be deemed a waiver of such other party's right to contest the validity of such request or demand. All the terms, provisions, and conditions of this Agreement and the Restrictive Covenants shall inure to the benefit of and be enforceable by the Parties hereto, and their respective successors and assigns. The Agreement shall not be construed more strictly against one party than against the other, merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that both parties have contributed substantially and materially to the preparation of the Agreement and the Restrictive Covenants. 14.4 Remedies Under Bankruptcy and Insolvency Codes. If an order for relief is entered or if any stay of proceeding or other act becomes effective against Developer or in any proceeding which is commenced by or against Developer under the present or any future federal bankruptcy code or in a proceeding which is commenced by or against Developer, seeking a reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any other present or future applicable federal, state or other bankruptcy or insolvency statute or law, CRA shall be entitled to invoke any and all rights and remedies available to it under such bankruptcy or insolvency code, statute or law or this Agreement. Section 15. No Brokers. CRA and Developer each represent to the to the other that'it has not dealt with any broker, finder, or like entity in connection with this Agreement or the transactions contemplated hereby, and each party shall indemnify the other against any claim for brokerage commissions, fees, or other compensation by any person alleging to have acted for or dealt with the indemnifying party in connection with this Agreement or the transactions contemplated hereby. Section 16. Notices and Other Communjcation.~. Whene~provided herein that notice, demand, request, consent, approval or other communicatig~ shall or may be given to, or served upon, either of the parties by the other (or any Recognized/,Y/Iortgagee), or whenever either of the parties desires to give or serve upon the other any notice, d)ffnand, request, consent, approval or other communication with respect hereto or to the Project ~ each such notice, demand request, consent, approval or other communication (referred to in this Section 16 as a "Notice") shall be in writing (whether or no so indicated elsewhere in this Agreement) and shall be effective for any purpose only if given or served by (i) certified or registered United States Mall, postage prepaid, retum receipt requested, (ii) personal delivery with a signed receipt or (iii) a recognized national courier service, addressed as follows: If to Developer: Boynton Ventures I, LLC 303 Banyan Blvd. Suite 403 West Palm Beach, FL 33401 With copies to: Gregory E. Young, Esq. Edwards & Angell, LLP One North Clematis Street Suite 400 West Palm Beach, FL 33401 and Patrick N. Brown, Esq. 821 Flamingo Drive West Palm Beach, F1 33401 If to CRA Boynton Beach Community Redevelopment Agency 693 East Ocean Avenue, Suite 107 Boynton Beach, Florida 33435 With a copy to: Lindsey A. Payne, Esq. Goren Cherof Doody & Erzol, PA 3099 E. Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 16.1 Any Notice may be given in a manner provided in this Agreement on either party's behalf by its attorneys designated by such party by Notice hereunder. 16.2 Every Notice shall be effective on the date actually received, as indicated on the receipt therefor or on the date delivery thereof is refused by the recipient thereof. Section 17. Amendments and Waivers. The Agreement may not be amended, modified, altered, or changed in any respect whatsoever, except by a further agreement in writing duly executed by the parties hereto. Section 18. Assignment, Prior to Substanti~Completion of the Pr~oper shall not transfer or assign its interest in this Agreement to/any other person or en~out the prior written consent of the CRA; provided, however that p~ior to Substantial Completion this Agreement may be transferred without consent to any successor qntity in which Boynton Ventures I, LLC owns or controls 5% of such entity. After Su~tantial Co~fipletion this Agreement may be transferred by the Developer without restriction. ~"',-~"~'e~/;~ ~ ff--9~t-~ ~ ~~ Section l9. Successors andAssitms. The agreements, terms, covenants, and conditions herein shall be binding upon an~}nure to the benefit of the CRA and the Developer, and, except as otherwise provided herein, their respective successors and permitted assigns. Section 20. Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf 6f the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. Section 21. Insurance. All parties hereto understand and agree that the CRA does not intend to purchase property insurance in connection with this Project. Section 22. Exhibits. Each Exhibit referred to in this Agreement forms an essential part of this Agreement. Any exhibits not physically attached shall be treated as part of this Agreement and are incorporated herein by reference. Section 23. Headings. Headings herein are for convenience of reference only and shall not be considered on any interpretation of this Agreement. Section 24. Severabili _ty. If any provision of this Agreement or application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. Section25. Governing Law and Venue. This Agreement and the Restrictive Covenants shall be governed by the laws of the State of Florida with venue lying in Palm Beach County, Florida. Section 26. Authority to Execute. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the CRA or the Developer (or in any representative capacity), as applicable has full right and lawful authority to execute this Agreement. Section 27. Priority of Interpretation. In the event of any conflict between the terms and conditions of this Agreement, the Advance Funding Agreement and the Direct Incentive Program, the following shall be the order of priority for interpretation: (a) This Agreement (b) The Advance Funding Agreement (c) The Direct Incentive Program dated January 22, 2003 Section 28. Recording. This Agreement may be recorded in the Public Records of Palm Beach County, Florida. 9 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. BOYNTON VENTURES I LLC By: Name (witness) (wimess) BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Chairman (witness) (wimess) STATE OF · · SS: COUNTY OF · BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared as of BOYNTON VENTURES I, LLC and acknowledged under oath that he/she has executed the foregoing Agreement as the proper official of BOYNTON VENTURES I, LLC, for the use and purposes mentioned herein and that the instrument is the act and deed of BOYNTON VENTURES I, LLC. He/she is personally known to me or has produced as identification. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this ~ day of 2003· My Commission Expires: Notary Public, State of Florida at Large 10 STATE OF · · SS: COUNTY OF · BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared as Chairman of and acknowledged under oath that he/she has executed the foregoing Agreement as the proper official of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY for the use and purposes mentioned herein and that the instrument is the act and deed of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY. He/she is personally known to me or has produced as identification. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this __ day of 2003. My Commission Expires: Notary Public, State of Florida at Large Final October 9, 2003 11 EXHIBIT "D" DECLARATION OF RESTRICTIVE COVENANTS FOR PUBLIC PLAZA AND WALKWAYS DECLARATION OF RESTRICTIVE COVENANTS made this __ day of , 2003, by BOYNTON VENTURES 1, LLC, a Florida corporation (hereinafter referred to as "Boynton Ventures") having an address at 303 Banyan Blvd. Suite 403, West Palm Beach, F1 33401, for the benefit of the Boynton Beach Community Redevelopment Agency (hereinafter the "CRA") on behalf of and for the benefit of the general public. WITNESSETH: WHEREAS, by agreement dated October __., 2003, the undersigned entered into a Direct Incentive Funding Agreement (the "Agreement") with the Boynton Beach Community Redevelopment Agency concerning the development of a mixed use project (the "Project") to include a public plaza ad walkways to be located on the propert2b~'~ ~/~¢ described in Exhibit "A" attached hereto and made a part hereof (the "Property"); and agreeing to assign to Boynton Ventures certain tax incremen]t revenues attributable to the ~' development of the Property, Boynton Venture agreed thatl~from opening of the Projec~' and for the "useful life" (a~q defined holn,~r) nV ,h,~ ~,,.w.h,~te~3, the Project will include a public plaza and public walkways as shown on the ~ attached as Exhibit ~ hereto and made apart hereof (the "Public Plaza and Walkways~; and,- .., _ WHEREAS, Boynton Ventures is the fee simple owner of the Property, and wishes to enter into the Declaration of Restrictive Covenants to provide assurance to the CRA that the Public Plaza and Walkways will be made available to the general public during the above period and remain readily accessible. NOW THEREFORE, in consideration of the CRA's agreement to assign certain of the tax increment revenues from the Project to Boynton Ventures, Boynton Ventures hereby declares that the Public Plaza and Walkways as shown on Exhibit B attached hereto, shall be subject to the restrictions and conditions hereinafter set forth._ 1. The Public Plaza and Walkways as shown on the ~ attached as Exhibit B shall be accessible to the general public, as provided herein,n~om completion of the Proiect aua .,...+;a,,.. ~,,.~ fi. ..... ~,~ u~'~ ,.~, ,h...~,oCW-~ ..... :-, /-' ,-,.~.~.~.._._l.- . L -~ ~ . ~ -/ - 2. Boynton Ventures shall have the right to control public access or otherwise secure the Public Plaza and Walkways between the hours of 12:30 am and 6:30 am, and shall have the right to adopt, from time to time, reasonable rules and regulations for the operation and security of the Project. 3. This Declaration shall commence upon completion of the Project and continue for the useful life of the retail/commercial components of the Project. 4. The access to the Public Plaza and Walkways shall at all times during the term of this Declaration be maintained and located as shown on Exhibit B hereto. 5. The covenants and restrictions of this Declaration shall nm with the Property, and bind the Property and shall inure to the benefit of, and be enforceable by the CRA for the term hereof. 6. Failure to comply with such restrictions and covenants shall be grounds for action by the CRA, which may include, without limitation, an action to recover sums due for damages, injunctive relief or any combination thereof. 7. In the event that, prior to commencing funding by the CRA under the Agreement (or under the companion Advance Funding Agreement), the CRA terminates the Agreement for any reason other than a failure of Boynton Ventures to materially comply with the terms of this Declaration, then this Declaration shall be deemed terminated, which shall be evidenced by recordation of an affidavit of Boynton Ventures in the Public Records of Palm Beach County that such termination has taken place. 8. Invalidation of any one of these covenants or restrictions or any part, clause or word hereof, or the application thereof, in specific circumstances, whether by judgment or court order shall not affect any other provisions or application in other circumstances, all of which shall remain in full force and effect. IN WITNESS WHEREOF, Boynton Ventures has caused this Declaration to be executed in its name and its seal to be hereunto affixed, by its proper officers thereunto duly authorized the day and year first above written. BOYNTON VENTURES 1, LLC By: Natlle (witness) (wimess) STATE OF : : SS: COUNTY OF : BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared as of BOYNTON VENTURES 1, LLC and acknowledged under oath that he/she has executed the foregoing Agreement as the proper official of BOYNTON VENTURES 1, LLC, for the use and purposes mentioned herein and that the instrument is the act and deed of BOYNTON VENTURES 1, LLC. He/she is personally known to me or has produced as identification. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this __ day of 2003. My Commission Expires: Notary Public, State of Florida at Large October 9, 2003 EXHIBIT "C" DECLARATION OF RESTRICTIVE COVENANTS FOR PUBLIC PARKING DECLARATION OF RESTRICTIVE COVENANTS made this __ day of __, 2003, by BOYNTON VENTURES 1, LLC, a Florida corporation (hereinafter referred to as "Boynton Ventures") having an address at 303 Banyan Blvd. Suite 403, West Palm Beach, F1 33401, for the benefit of the Boynton Beach Community Redevelopment Agency (hereinafter the "CRA") on behalf of and for the benefit of the general public. WITNESSETH: WHEREAS, by agreement dated October , 2003, the undersigned entered into a Direct Incentive Funding Agreement (the "Agreement") with the Boynton Beach Community Redevelopment Agency concerning the development of a mixed use project (the "Project") to include a parking garage to be located on the property described in Exhibit "A" attached hereto and made a part hereof (the "Pr~ f" ~ w. as, the agreeing to assign to Boynton Ventures certain tax incre _~ql~t_~venues~ attributable to the development of the Property, Boynton Venture agrejXl thatxffrom opening of the garage ~J _ ,.~ ...... ,us ........ ~o~ .............. ~ ...... ~.___ ,~ g ..... ge, the Project will include 167 parking spaces (the "Public Parking Spaces") to be open to the general public for parking on a "first come-first served" basis, which Public Parking Spaces shall include all parking for the disabled required for the Project under applicable laws and such Spaces shall be the first 167 space upon entry into the garage; and WHEREAS, Boynton Ventures is the fee simple owner of the Property, and wishes to enter into the Declaration of Restrictive Covenants to provide assurance to the CRA that the Public Parking Spaces will be made available to the general public during the above period and remain readily accessible. NOW THEREFORE, in consideration of the CRA's agreement to assign certain of the tax increment revenues from the Project to Boynton Ventures, Boynton Ventures hereby declares that the 167 Public Parking Spaces located in the parking garage as shown on Exhibit B attached hereto, shall be subject to the restrictions and conditions hereinafter set forth. 1. The parking garage shall contain 167 "first come-first served" parking spaces open to the general public as shown on the Site Plan attached as Exhibit B. 2. Signage for such parking shall meet the requirements of the City code, and shall be located prominently on the exterior and interior of the parking garage to identify the Public Parking and shall at all fimesffrc~. u.~eful life of th~, £~.:a~ar~. be maintained as such. "~,! ----- - - --. · -,--z- r..~' 77' R~,?tions thereunder in effect at the time ~e smacmrc 3. The'Public Parking Spaces shall be fi'ee to the public during the 10 year period commencing with the date that the parking garage is open for use. After such 1 0 year period Boynton Ventures shall have the right to charge such fees as will allow Boynton Ventures to recover all its direct operating expenses for the spaces, as well as reasonable mounts for a reserve for replacement and/or capital repairs and for depreciation. 4. Boynton Ventures shall have the fight to control public access or otherwise secure the garage between the hours of 12:30 am and 6:30 am, and shall have the right to adopt reasonable rules and regulations for the operation and security of the garage. Such nde and regulations may include, without limitation, (i) no over night parking permitted; (ii) no commercial vehicles and no vehicles over a specified weight or height (iii) reasonable limitation on the period of time a vehicle may be parked in the Public Parking Spaces; (iv) all such vehicles must be duly registered; (iv) the driver parking the vehicle must be at the time a duly licensed driver; and (iv) the act of parking such vehicle in the Public Parking Spaces shall not be otherwise in violation of any governmental law, role or regulation. 5. This Declaration shall commence upon completion of the Project and continue for the "useful life" of the structure. 6. The access to the Public Parking Spaces shall at all times during the term of this Declaration be maintained and located as shown on Exhibit B hereto. 7. The covenants and restrictions of this Declaration shall mn with the Property, and bind the Property and shall inure to the benefit of, and be enforceable by the CRA for the term hereof. 8. Failure to comply with such restrictions and covenants shall be grounds for action by the CRA, which may include, without limitation, an action to recover sums due for damages, injunctive relief or any combination thereof. 9. In the event that, prior to commencing funding by the CRA under the Agreement (or under the companion Advance Funding Agreement), the CRA terminates the Agreement for any reason other than a failure of Boynton Ventures to materially comply with the terms of this Declaration, then this Declaration shall be deemed terminated, which shall be evidenced by recordation of an affidavit of Boynton Ventures in the Public Records of Palm Beach County that such termination has taken place. 10. Invalidation of any one of these covenants or restrictions or any part, clause or word hereof, or the application thereof, in specific circumstances, whether by judgment or court order shall not affect any other provisions or application in other circumstances, all of which shall remain in full force and effect. IN WITNESS WHEREOF, Boynton Ventures has caused this Declaration to be executed in its name and its seal to be hereunto affixed, by it proper officers thereunto duly authorized the day and year first above written. BOYNTON VENTURES 1 LLC By: NalTle (witness) (witness) STATE OF · · SS~ COUNTY OF · BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared as of BOYNTON VENTURES 1, LLC and acknowledged under oath that he/she has executed the foregoing Agreement as the proper official of BOYNTON VENTURES 1, LLC, for the use and purposes mentioned herein and that the instrument is the act and deed of BOYNTON VENTURES 1, LLC. He/she is personally known to me or has produced as identification. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this __ day of 2003. My Commission Expires: Notary Public, State of Florida at Large October 9, 2003 3 PLANNING AND ZONING MEMORANDUM NO. 03-246 TO: Community Redevelopment Agency and Planning & Development Board FROM: Michael Rumpf, Director of Planning & Zoning ~KG1~ DATE: October 8, 2003 ,,SUBJECT: Sign Code Review (CDRV 03-004) Heights and Definitions BACKGROUND The Planning & Zoning Division has been reviewing a number of new site plans and modifications to site plans recently and is continuously required to defend the City's position relative to signage, which is not supported' by code. The current Land. Development Regulations regarding commercial and industrial signage allows freestanding pole, pylon and monument signs up to 20 feet in height. Staff has been successful in negotiating with developers for monument signs (ground signs) at a greatly reduced height from the maximum height allowed by code, typically in the range of 8 to12 feet, since signs of this height are more in keeping with the scale of the City as a whole and more specifically the project itself. Increasingly, developers of smaller sites have been more resistant to staff's overtures, instead looking to increase their visibihty and marketability by proposing pylon signs at the maximum 20-foot limit. Additionally, several of the sites, due to being at an intersection of two streets, would be allowed two such signs. Staff is in the midst of a complete sign code review and rewrite, timed with the greater Land Development Regulations re-write, that is proposed to address this and many other issues. However, staff is approximately six months removed from proposing new language in ordinance form. In order to provide staff the tools necessary to guide development appropriately and in keeping with Boynton's character, staff is requesting an immediate code amendment to the section(s) of the sign code regulating freestanding signs. ANALYSIS Previously, staff conducted research and reviewed the sign codes for Unincorporated Palm Beach County, Boca Raton, Dekay Beach and Greenacres as comparisons. This comparison indicated a wide range of regulations, restricting sign heights anywhere from 5-feet to 30-feet for freestanding signs. 3655 Within the last few years, staff has attempted to influence the use of monument style signs as opposed to pole signs or pylon signs, as well as reduce the height and scale of these types of signs. Staff has attempted to create an improved community standard to guide development for the betterment of our residents and visitors alike. During this time, staff has been fairly successful in influencing the sign styles and Sizes that have begun to grace our city. Several office complexes such as the Corrina Collin Center and the Medical Arts Professional Center were approved with small monument signs (6-feet and under). Several other single tenant commercial projects such as Victoria's Closet, Krispy Kreme, Mobil on the Run and Lighthouse Academy were approved with 8-foot tall monument signs. Even Staples was approved with a 7-foot high ',monument sign. Lastly, the Woolbright Plaza project, which included a four (4) story office building and a Walgreens store with attached retail bays, was approved (per conditions) with two (2) 12-foot tall monument signs. These types of approvals have gone a long way to improve the visual image of the city. However, by code, all of the examples noted above could have had a 20-foot tall pylon sign in front of their respective businesses. Staff has been very successful in negotiating on the City's behalf, and will continue to do so. These proposed amendments are needed to codify regulations that represent the City's current image and vision. CONCLUSIONS/RECOMMENDATIONS Understanding that a city cannot have one regulation that fits all circumstances, staff would like to propose a multi-faceted approach to freestanding signs: Eliminate pylon sign as an allowable sign type in the 'sign code. Pylon signs are defined as signs that are on a freestanding p01e(s) or other freestanding support so that the bottom edge of the sign face is 6-feet or more above grade. Currently these signs are allowed up to a height of 20-feet. · Add the definition of monument sign: a freestanding sign situated directly on the ground or mounted completely along the bottom of the sign cabinet to a low- profile base or pedestal. · Amend the definition of freestanding sign to read: a monument or ground- mounted sign identifying the use of the property upon which it is located. Ground- mounted signs may be supported by one or more poles, provided that the bottom of the sign or cabinet is no more than two (2) feet above grade and that the poles and complete length of the sign or cabinet are clad in the same or like material, completely to the ground. Alternatives to the cladding requirement may be considered if the design of the sign follows the architectural design of the building(s). · Add a requirement of all new freestanding signs, that the numerical address be an integral and prominent part of the sign. 3656 · For a shopping center or mall of at least four (4) acres in size, that has multiple tenants, a monument sign not exceeding 15-feet in height may be allowed. The sign must include the project name and be used as a directory of the businesses located in the center, not for just one large tenant. If the center is located at an intersection, thereby qualifying for a second freestanding sign, said sign shall be a monument sign no greater than 1 O-feet in height. · For all single tenant sites and all multiple tenant sites under four (4) acres, monument signs shall b~ the only type of freestanding sign allowed. On roadways of 6 travel lanes or greater, a monument sign may not exceed 12-feet in height. On roadways consisting of 4 travel lanes, a monument sign may not exceed 8-feet in height. Other criteria such as surrounding properties, speed limit and scale of the project may be justification for the further reduction in maximum height to a 6-foot hmitation. On roadways consisting of 2 travel lanes, a monument sign may not exceed 6-feet in height. Again, special circumstances (such as those noted above) may justify a further reduction in sign height. · In the Central Business District (CBD), the only type of freestanding sign allowed shall be a monument sign that shall not exceed 5-foot in height. This limitation would help to preserve and foster the pedestrian scale of the district. However, this restriction may be superceded by related planning documents and overlay zones currently regulating signage within a portion of, or the whole, entire district. Three (3) additional points need to be made. First, the suggested changes recommended above do not supercede the sign programs adopted as part of the approval process for existing Planned Commercial Districts (PCD) and Planned Industrial Districts (PID). Second, pending redevelopment planning efforts may lead to zoning and signage regulations tailored specifically to certain developments or corridors, which would supercede the code provisions described herein. Lastly, these proposed code amendments are designed for new development applications and extensive major site plan modifications. It is not intended to create a mechardsm for the City to systematically eliminate non-conforming signs. However, as current codes require, once a sign is damaged in excess of 50% of its original value, it shall be made to comply with all the requirements of the code. 3657 VII. Director's Report 3658 Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the oroceediags is made, which record includes the testimony and evidence upon which the appeal is to be based. ~ae CRA 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 CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in Order for the CRA to reasonably accommodate your request. MEMO To: CRA Board From: Douglas Hutchinson Date: October 9, 2003 Subject: CRA Activities Ongoing Items: · Developer Inquiries and Coordination - Work with potential developers, real estate agents/brokers and landowners to disseminate related information on CRA plans and opportunities. · Agency Operations - This encompasses internal work such as accounting, insurances, contract administration, City coordination of overlapping issues (zoning, development, planning, etc.), and external networking, building alliances, macro CRA issues. Community interfacing with individuals, groups and entities. Grant requests, review and administration (Facade Grant, Economic Development Grant and Direct Incentive Program). Events coordination, HR issues, Grant Source Tracking/Application, Revision and Updating of Operational Manuals of various types, Board meeting preparations, etc. Development Items: Group A · Boynton Beach Blvd/Promanade/Riverwalk Design/Build RFQ ~ on the next hase of work for ~ Man · meetin s h-~-v~-~aken lace in the 'a'~'several weeks. ~received weekl from Burkhardt and Kimle Horn. .Their update is attached for your review · Way-Finding Signage Program - Next workshop will be on Inszructions nave been iven to Bob Trescott of Guidance Pathwa s to rovide life size color sam les ma~ for the fi~ 3659 The date for this final workshop has not yet been identified Staff is working with Richard Goldber of Guidance Pathways systems to establish a date. A planning meeting with Staff and the Richard Goldber of Guidance Pathways Systems has been scheduled for November · Direct Incentive Program and loan for the Arches. - On October agenda for consideration. · Ocean District Redevelopment Plan Update - City Planning Department is drafting the plan study. Plan was accepted in the May 13th Board meeting and a workshop was set to review the update. The CRA Staff is working with City Staff and CRA Board on the revisions. The final draft will be completed and presented to the CRA Board in November 2003 by City Staff · MLK Property Acquisition Phase I - Staff has begun meetings with the area property owners about redevelopment. Developers and owners are being assembled for creation of development strategies to begin projects.Two items on the October 2003 agenda for consideration. · CBD Parking Acquisitions - Negotiations have been underway to acquire future public parking spaces. Project scope includes several existing owners in the targeted Block. Comprehensive Redevelopment Master Plan for the Block is being completed by the private sector. Target September for "letter of understanding" between the various parties. · Boynton Beach Bird District Redevelopment. Plan Update - The RMPK Group has completed and provided Staff with an Inventory and held a workshop to get Board input to Phase One. The RMPK Group has provided the Board with a written update for the October Board Meeting. (See Attached update) · Financial Investment Strategies -Staff will be seeking approval of the recommended members for the CSC Committee which will review the RFQ's. The CSC Committee will review both of o the RFQs received and present their ranking to the CRA Board at the November meeting. SV ·Museum Feasibility Study - Selection of the Feasibility Team will be presented for the October 2003 Meeting. ·CRA Brochure and Web Site Development - A letter of interest for seeking graphic designer and web services has been advertised 3660 and 8 candidates have responded. Staff selection for the _¢Iral3hics and web contracts is "Jack of Arts." Their fees are $9,500 out of the 2001/2002 budget year for each project. Their schedule of work is attached. · EVents - The overall event strategy is being formally formatted for each event with goals, projections and time schedules. Alliances, Resources and sponsors are being developed, Initial contact has been made with the identified partners and the first draft of the plan has been completed. Targeted for November. · Genesis Business Program- Staff has begun drafting a Business assistance program. The proposed program will be designed to measure development impact on business before, dudng and after redevelopment activities. The program will also facilitate, encourage reorganization and identify core competencies of Targeted Businesses in the Central Business District and the Heart of Boynton District in order to ensure a competitive environment once proposed redevelopment for those areas are actualized. Data collection and program details are under development. A sponsorship packa.qe has been develoPed and distributed tn potential sponsors. The comprehensive project briefing to the Board is tar.qeted for October Board meeting. The project launch is tentatively scheduled for the first week in November 1~ 2003. Group B · High School Adaptive Re-Use Task Force - Contract for Environmental and Engineering services has been signed. Findings are due to the Taskforce by mid November. · Land Development Regulation (LDR) - LDR re-write by the City of Boynton Beach over the next several months. CRA asked to submit concerns, ideas, etc. Staff is interfacing on re-write language and reviewing the Second draft concept. · Affordable Spaces Incentive - Program to reward projects for inclusion of below Market Retail, Commercial and Residential spaces. Developing incentives and possible criteria guidelines for program. The CRA Board has received a complete Draft. Workshop targeted for November/December 3661 Group C · GISMO Mapping System - The system is unstable and continues to undergo improvements. · Awards Program - Staff has scheduled meetings to collect existing program materials t° use as a starting point for the CRA program. · Possible Office Options 3662 Y O~O00O- RgVIgW ~00 DESIGN/PI~I~V[ITT]~G ~ ~ 020103 ~1 ~e.~.Vt]i~ Se~vices~s) OLD 3663 ~~ii~: Burkhardt.Consm~C~On, Iac. Dated: 020.106 Floficla:Fiskand Wildl~.:~afibn:Commt~ion.~W,C) OLD KIMLEY ~ ~ ~ET ~ L~OATE:B¥ I0/iSI03~G. ~~.~sc~,~es,Fo~o,s ~o~ ~,~ C~.~ ~ OLD NoT YET CO~TA~D. 020';1109 B~,ynwn~Be~h Ufllifim OLD .~.~. m~s.o~, m~s 9~3) 0201~0 FI~:PoW~ ~ ~t: ~L) O~ ~EY ~ COST ESTer, 9m~/03) 020111 So~ B~ O~ 020112 Gm ~p~y O~ ~EY ~C~=TACT.~S ~C~D~ ~ _ BURK H RDT PRO.CT ~::B~B., Prome~ &'~~k ~E~GD~TE: 1.0/~3 ~ ~A~ ~S OCC~. C.A.T~V. TO ~E ~D ~ MT. cD~ KAS,O~URRED, ENGINEERING OLD ~y ~ ~0~. 020115 DO~,~ C~ OLD ~L'~S~S Di~~'~ O~R.~. AND OLD s~,,:s~c ~X~~TS. C~ ~OV~V'~O~ ~.~, ~ ~ U~ON:CO~ON OF 30%D~ION PL~. 020119 ~n!al:ali~_en_tofBoyn~n BeachB~ .~. ~ion. OLD .~..~ TO SC~HORtZONTAL CONTROL PLAN 3665 P~t'~li~: Burkhardt Consm~ctioth :Inc. 1'10101 1505 s~liematic design plan dated:~/10/03 approved & CLO si~ed~off l~010~. ~ 0~o!,.d. ezjgn approV~!by~bo~rd~9/9/03~ Contra~t OLD ~09 ~D ~I~E ~LVPDA:TE OLD 1201 O! ~::l~la~ (3t~up) ~e: OLD OLD 3666 140000 A;C'~ON ~EMS. OPN ~40't ol ~ ~I~!CS~¥ ~'O~ ~ -LAN'~: NgW NEW ....... and ~o~ates~ Inc, Memorandum -** ~v . To: Di~fion Dam: Septem~r ~, 2003 Subjoet: BoSton B~h B~d.'~ion C~r~on c~r~a~0a for ~e.abow ~l.;Bal~wicz ~-Hom:~d. ASs0e.,~e. 054} 73¢~2233 B0ng!~';~on Bo~ton;B~h~C~ (5'61~ 73%3256 The~f6Ho~g i~ms wem.d~c~d: 1Vtr.-Liv~gOOctmdlcated:.ttmt CoOrdination Wild l~,r~.'fOr.~e s,i~ai~tion ~ ~ ~ters~o~ ofBo~n.B~ch Bt~d ~d"F~e~. ~way ~d O~. Ave; ~d'Fed~ ~ay to el~ate.congc~on. 5. It w~'indi~ ~a~e p~llel ~g sho~'~ ~e: sch~c ~ on .BOSton Beach Blvd: w~ ~o ~ose ~ ~e ~on ofFSet. Hi,way. 6. '~. Liv~good~.~o~::~out.~e ~opos~ :~~g ov~h~g · e roM;. M indi~ ~t :14' cle~ mu~ m~w~. ~.. Li~e~ wouldl~e 7. Mr. M~aa::~c~,~,is sw~ofa:~po~:~v~ ~wer line ~O~d 1:0'* ~r.:~0,~g:~m~/~a ~O~ent no~. 8. ' ..... ' r~e~;~:~ai~ona: cond~t ~i~ ~ ~ inolud~~ 9. ~. M~H~:~ ~'heie~ of-~'~g84" ~d 36" RCP ~t · e ICW ~ we a ~d~md sm~ ~et~.fo~ m~ ~m~e W~y. of ~e pe~ons ¢0pied have ~y additions or-mvisbm to .~e.aho~e-m~u~s Pi~o"~':~! ~tdo~z ~: soon ~ po"ible :~ A~endm ~ bo ' to: E~'ik W:ilczek Disttii~U6on & Eile ~ KIm'l~fl~em ..... and~soclates, Inc. MemorandUm 333~ To: Di~ib~on From: ~.ehael Beldow~ E,I. K~y-Hom ~d ~Soci~s; ~e. '(~) Date: Sep~mber 23, 2~3 Subject: ~ynton ~ Blvd~ Ext*nsion Coor~nafion ~ wi~ FPL The follo~g p~ple Rus~ll B~- ~ley-Hom:~. ~s~.,. h*; ~954) 739-2233 ~'c~el Beldo~iez ~ley~Hom ~d ~soc., ~c. (9:5~) 7~2233 J~ V~:~eet Flofida.Po~r.~dLt~:Gomp~y (56I) The :f0}tow~.~oms w~re dis~ssed: I.~. V~ VI~ indica~d ~at ~ o~ ~r FPL ~n~ robe ~d~d ~oy must.~' .~.a:.u~Ii~ e~em~$; pr~r~ly a 2. ~. Vm VI~t mfioip~s.~t, at 1~'4-3 .ph~ ~eh ~s~ going to bo requ~ to put.~o lines ~d~o~d. ~. ~b~et wilt require a 20*x 20' ~ement and 3. The ~ct b~s .ffiat ~ mqui~ to rolo.~:~e .I~m- ~r~ud: will: have to be ~!ed by ~e' C~'s .~n~ctor; FPL Mll':n~ 'in~t tM dUct.b~. ~e duvt b~s m gohg to:be 10~ ~dor ~hem:but g~n:space they.must be Coner~e 4. ~. V~ V:l~t~.indica~d a ~lIp~k fi~e of'$300/foo~m reloc~e ~L ~~~ 3670 ~'%. ~ I ml Horn Boynton.Beach Bird. Extension Meeting Minutes 6. ~PL.is~mq~esting ~that the Boynton Beach CRA issue a letl~ stating that they wilt· grant ai:l necessary easements befor~ FPL, wilt begin design, 7. FPL wil!:£lgurea~deSign cha~-.gebased on the.scope of the proje,~t and it·must be paid by file .CRA before=. I~ginning :design, · ffany of the-persons copied have any additions or revisions to the above minutes, please .contaot MiChael Beldowicz as soon as posgible so"an Addendum omo be pm?rod, (954) 739,,2233: Copy. to: Silk Wilczek DiStr~ufion & File Kimley-Horn and Associates, Inc. Memorandum · Suite 157 5100 NW 33rd Avenue Fort Lauderdale, Florida To: Distribution 33309 From: Michael Beldowicz, E.I. Kimley-Hom and Associates, Inc. (KHA) Date: September 23, 2003 Subject:Boynton Beach Blvd. Extension Coordination Meeting with FPL KHA Project No. 044688000 On September 23, 2003, a meeting was held with Florida Power and Light to discuss utility coordination for the above referenced project. The following people were in attendance: Russell Barnes Kimley-Horn and Assoc., Inc. (954) 739~2233 Michael Beldowicz Kimley-Horn and Assoc., Inc. (954) 739-2233 John Van Vleet Florida Power and Light Company (561) 479-4511 The following items were discussed: i.Mr. Van Vleet indicated that in order for FPL lines to be underground they must be in a utility easement; preferably a 10' easement. 2. Mr. Van Vleet anticipates that at least 4-3 phase switch cabinets are going to be required to put the lines underground. Each cabinet will require a 20'x 20' easement and cost approximately $30,000 each. 3. The duct banks that are required to relocate the lines underground will have to be installed by the CRA's contractor; FPL will not install the duct banks. If the duct banks are going to be located under anywhere but green space they must be concrete encased. 4. Mr. Van Vleet indicated a ballpark figure of $300/foot to relocate FPL underground. 5. FPL does allow cable and telephone to share the same easement as them. TEL 954 739 2233 FAX 954 739 2247 3672 Kimley-Horn Boynton Beach Blvd. Extension Meeting Minutes and Associates, Inc. September 23, 2003, Page 2 6. FPL is requesting that the Boynton Beach CRA issue a letter stating that they will grant all necessary easements before FPL will begin design. 7. FPL will figure a design charge based on the scope of the project and it must be paid by the CRA before beginning design. If any of the persons copied have any additions or revisions to the above minutes, please contact Michael Beldowicz as soon as possible so an Addendum can be prepared. (954) 739-2233. Copy to: Erik Wilczek Distribution & File H:'~44 lobs'~44688000'aT..orrespondence'~'vft~ lVfinutes-l~PL, doc 3673 and Associates, Inc. Memorandum · Suite 157 5100 NW 33rd Avenue Fort Lauderdale, Florida To: 'Distribution 33309 From: Michael Beldowicz, E.I. Kimley-Horn and Associates, Inc. (KHA) Date: September 24, 2003 Subject: Boynton Beach Blvd. Extension Coordination Meeting with Boynton Beach Public Works, Utilities and CRA KHA Pro, ct No. 044688000 On September 24, 2003, a meeting was held with the City °f Boynton Beach Public Works/Engineering Division, Utilities Division and the CRA to discuss coordination for the above referenced project. The following people were in attendance: Russell Barnes Kimley-Horn and Assoc., Inc. (954) 739-2233 Michael Beldowicz Kimley-Horn and Assoc., Inc. (954) 739-2233 Michael Spruce Kimley-Horn and Assoc., Inc. (561) 840-0852 Douglas Hutchinson Boynton Beach CRA (561) 737-3256 Laurinda Logan Boynton Beach Engineering (561) 742-6482 Jeff Livergood Boynton Beach Public Works (561) 742-6201 Peter MazzelIa Boynton Beach Utilities (561) 742-6404 The following items were discussed: 1.Ms. Logan indicated that the lane widths depicted on the schematic submittal did not meet the Cities minimum requirement of 12' wide lanes. 2. Mr. Livergood suggested at the transition from the 100' roadway section to the 60' roadway section; make the right lane a right turn only while the left lane would be for thru traffic. 3. Several suggestions were made concerning the traffic entering this area from Federal Highway. KHA is currently conducting a traffic study to determine the requirements for ingress/egress. · TEL 954 739 2233 FAX 954 739 2247 3674 - ' Kimley-H0rn BoyntonBcachBlvd. ExtcnsionMectingMinutes and Associates, Inc. September 23, 2003, Page 2 4. Mr. Livergood indicated that coordination will be required for the signalization at the intersections of Boynton Beach Blvd and Federal Highway and Ocean Ave. and Federal Highway to eliminate congestion. 5. It was indicated that the parallel parking shown in the schematic submittal on Boynton Beach Blvd. was too close to the intersection of Federal Highway. 6. Mr. Livergood was concerned about the proposed landscaping overhanging the road; he indicated that 14' clearance must be maintained over the roadway. Mr. Livergood would like KHA to consider.the use of structural soils in the landscape design in order to accommodate larger species of trees. 7. Mr. Mazzella indicated that he is aware of a proposed gravity sewer line running from the Marina Development to the existing lift station and a proposed 10" water line running from the Marina Development north to NE 6t~ Ct. and possibly t° Federal Highway. 8. Mr. Mazzella has requested that additional conduit capacity to be included in the design of this project for future expansion. 9. Mr. Mazzella indicated that he is aware of an existing 84" and 36" RCP that runs east under the proposed Promenade area to the ICW. 10. Mr. Ma×zella suggested that if we chose to run sanitary sewer all the way to the ICW that we include a grinder and small diameter force main from the ICW west to the existing lift station. If any of the persons copied have any additions or revisions to the above minutes, please contact Michael Beldowicz as soon as possible so an Addendum can be prepared. (954) 739-2233. Copy to: Erik Wilczek Distribution & File H:\044 Iobs~ 688000~Corre~pondence~I~g Minutes-BB-l~O. doc 3675 - RMPK BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Progress Report October 14, 2003 BOynton Beach Boulevard Corridor Plan The inventory, analysis, goals and objectives are finalized. The concept plan will become the to Land Use and Transportation and will include graphics, and describe uses, traffic circulation and streetscape. The final plans for the Corridor are being developed. The drawings for the plan include the corridor plan; street section from R.O.W to R.O.W and from south side rear property line to north side rear property line, elevation and plan of Iow density block, either elevations and sections or perspective of the medium density blocks- post office and hospitality. The final plan will also include text describing the urban design guidelines of the corridor. Design Guidelines The format of the document has been finalized. We are working on identifying the key character-defining features, developing the framework analysis map, and developing the outline of the ordinance to implement the guidelines. 10/6/2003 Confidential 1 3676 TIMELIN BOYNTON BEACH CRA First Round of Logos: October 22nd or 23rd. Second Round of Logos: October3Oth Logo App rove d: O ctob e r 30th or 31st Letterhead Layout Approved: November 7th Receive information for brochure from CRA NovemberTth Brochure Design: November 17th Receive information for Sponsorship foldersNovember17th and Brochure Covers: Sponsorship Folders and Brochure Covers: DecemberSth' This is just an estimate. Some elements will go faster than others and we can worktogether on getting the information back and forth. *~-a~ao,~o.~ ~o~ 3677 4581 CARTHAGE CIRCLE SOUTH LAKE ~O~TH,FL 561.965-9019 · FAX~ 561-432-4545 EMAIL~ JACKOART~MINDSPRING.COM VIII. Old Business Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the roceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 3679 The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate m and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. ' MEMO TO: CRA Board FROM: Douglas Hutchinson SUBJECT: Jonathan Rickets Contract Date: October 7, 2003 Mr. Ricketts submitted a revised contract for Owner Construction Representative for the Boynton Beach Boulevard Extension/Promande RiverVValk Project. This is an AIA contract that is comprehensive. It does have a lot of detail but allows for a broad scope of work to be preformed. Provisions are good for the protection of both parties. The contract is on a "as needed", "not-to-exceed" basis. This gives the CRA the ability to tailor Mr. Rickett's involvement to our needs. Mr. Ricketts has attached a sheet to the contract estimating the work for various tasks. This is just to establish maximum values for each. Once again, we can choose to reduce the use of his services if not needed. Legal has reviewed the contract and made several comments. Staff recommends this item be addressed at the later meeting extension date or if a split meeting is not preferred, the item should be tabled to the November 20th meeting date. The final contract documents are due out of legal by the October 14th meeting date, therefore, in order to allow for the Board to have review time we recommend consideration of the contract at the later extension date of October 30th. 3680 Memo To: CRA Board From: Douglas Hutchinson Subject: Arches Direct Incentive & Advance Funding Agreement Date: October 3, 2003 The Arches Direct Incentive and Advanced Funding Agreements have been completed. Legal and Staff has jointly developed and reviewed the documents. We believe the agreements conform to the Direct Incentive program, the memo dated May 5th prepared by Staff at the time of the presentation to the CRA Board and the subsequent Board comments. The Director's memo and CRA minutes have been included in your back up documentation. Legal Staff has submitted a memo, which highlights and points out the major aspects of the agreement. 3712 BOYNTON BEACH CRA · Home Page of Website: November 14th · Receive information from CRA for Introduction items: November 1 · CRA Introduction Items on site: November24th · Receive information from CRA for Promotional items: November 25th · Promotional Events on site: December 1st · Receive information from CRA for Projects in the CRA: Decemberlst · CRA for Projects in the CRA on site: December 15th · Receive information from CRA for Development Districts.: DecemberlSth (Holidays fall within this time) · Development Districts on site: January 5th · Receive information from CRA for 2 Incentives and 2 Grants: January 5th Plus weblinks · 2 incentives and 2 grants, plus weblinks on site: January 12th · Receive information from CRA for Public Projects January 12th · Public Projects on site:. January l~)th This is just an estimate. Some sections will go faster than others and we can work together on get- ting the information back and forth. Please let me know if you would like to switch any areas. Jacqueline Cerny , ...~~ · ,~.;~-~:' 3678 4581 CARTHAGE CIRCLE SOUTH LAKE WORTH,FL 33463 $61-955.9019 · FAX~ 5dl.49~.4545 EMAIL~ JACKOARTS@MINDSPRING,COM - ' BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY TO: CRA Board Members FROM: Lindsey A. Payne, CRA Board Attorney ,.~,~ DATE: October 8, 2003 RE: Boynton Beach Community Redevelopment Agency ('CRA")/Agreements for Direct Incentive Funding for Arches Project Attached are two (2) Agreements with Boynton Ventures, I, LLC (hereinafter "Developer"), pertaining to the Arches Project. One is entitled the Direct Incentive Funding Agreement, which provides for the ten (10) year incremental fimding to be provided by the CRA. It also provides for the recording of Restrictive Covenants for 167 parking spaces which will be free to the general public during the ten (10) year period that the Developer receives the incentive money. After that period of time, a fee in the amount needed to recuperate the costs of operation and capital replacement and repair will be charged. The garage will not be open to the general public between the hours of 12:30 a.m. and 6:30 a.m. The other public areas will also be set out in recorded restrictive covenants. The Developer has also committed to commence construction within 180 days of the Developer pre-selling seventy percent (70%) plus one (1) residential unit, with six (6) months extension provided for. Both the Agreements terminate upon the payment by CRA of all incentive monies owed or failure of the Developer to begin construction timely. The second Agreement is the Advance Funding Agreement and in most respects is exactly the same as the Direct Incentive Funding Agreement except that it specifically provides for how the $2,000,000 front end loaded funding will be handled. The $2,000,000 will be set aside in separately accounted for records by the CRA fifteen (15) days from the notice by the Developer that construction has commenced. Construction has commenced when a building permit has been pulled by the Developer. The CRA will disburse the funds when the Developer makes application for funding based upon a pre-established schedule of values which will be submitted to the CRA by the Developer's architect. This will include a factor which equals twenty five percent (25%) of the amount shown as hard costs to reimburse Developer for its soft costs with a cap of $2,000,000. Interest will be charged upon the $2,000,000 beginning with the disbursement of the $2,000,000 or eighteen (18) months after commencement of construction whichever comes first. Interest will be at the then prevailing Florida Municipal Bond Index rate. Repayment shall be paid from the tax 3713 increment received by the CRA until the $2,000,000 with interest has been repaid. After repayment the Developer will then receive fifty percent (50%) of any increment funds the CRA receives fi.om the Project, for a total period not to exceed ten (10) years. As collateral, this Agreement provides that the CRA will get the same form of completion guarantee that the Developer provide to its lender. LAP/ia \UGCDE_FSkLIBRAKYk1998k980465X2003 MEMOSkFunding for Arches Projectdoc 3714 ADVANCE FUNDING AGREEMENT (UNDER DIRECT INCENTIVE PROGRAM) This is an Agreement entered into on the day of ,2003, by and between: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY a public agency created pursuant to Chapter 163, Part II1 of the Florida Statutes (hereinafter referred to as "CRA"), with a business address of 639 East Ocean Avenue, Suite 107, Boynton Beach, Florida 33435, and BOYNTON VENTURES I, IJJC., a Florida corporation, (hereinafter referred to as the "Developer" or "Boynton Ventures"), with a business address of 319 Clematis Street, Suite 512, West Palm Beach, Florida 33401. RECITALS: WHEREAS, as part of its strategy to "encourage large-scale projects, which define new markets, quality, innovation and character in the CRA area" the CRA has adopted a Direct Incentive Program dated January 22, 2003 (hereinafter the "Direct Incentive Program"); and WHEREAS, Developer submitted an application to the CRA for funding a Direct Incentive for the Arches of Boynton Beach Project (hereinafter the "Project"); and WHEREAS, at the May 15, 2003 meeting the CRA Board approved said application with a project scoring of 110 points (making the Project eligible for the maximum incentive under the Direct Incentive Program), subject to approval of a mutually acceptable contract, and which Direct Incentive is the subject of a separate companion agreement (hereinafter the "Direct Incentive Agreement"); and WHEREAS, at the May 15, 2003 meeting the CRA Board also approved in concept front loading or advance funding for the Project in the amount of $2,000,000 (Two Million Dollars), which advance funding is the subject of this Agreement; and WHEREAS, this Agreement is not intended to be a "Development Agreement" within the meaning of Florida Statutes, Section 163.3221; and WHEREAS, at its meeting, the CRA Board approved this Agreement. NOW, TI-Ilq'~REFORE, in consideration of the mutual promises, covenants and agreements herein contained and other good and valuable consideration, the receipt of which is hereby acknowledged, it is agreed herein between the parties hereto as follows: 3715 1 Section 1. Incorporation of Recitals. The above recitals and true and correct and are incorporated in this Agreement by reference. Section 2. Definitions. As used in this Agreement the following terms shall have the following meanings: ' "Advance Funding Account" means the account established by the CRA under Section 8 of this Agreement, which account shall be used to maintain a record of all disbursements from the $2,000,000 (Two million dollars) and credits toward repayment. "Agreement" means this Advance Funding Agreement and all exhibits and attachments thereto, as any of the same may hereafter be amended from time to time, in accordance with the terms of this Agreement. "City" means the City of Boynton Beach, Florida. "Commence" or "Commencement" as such terms relate to the commencement of construction of the Project as required hereunder, means the issuance by the City of the permit required for the commencement of demolition and/or site work and the commencement of such demohtion or site work pursuant to and in accordance with such permit. '~Developer" means Developer (and any assignee or transferee of the Developer that is permitted under this Agreement, from and after the date of such permitted assignment or transfer) "Other Public Areas" means all Public Areas other than the Public Parking, but shall not include the Public Utilities, which shall be dedicated to the public. "Pledged Project Increment Revenues" means 50% of the Project Increment Revenues. "Project" means the Arches of Boynton Beach Project as described above in the second "whereas" clause, and as further described in the Site Plan defined below. "Project Increment Revenues" means the amount deposited in the Redevelopment Trust Fund for the Redevelopment Area pursuant to Florida Statutes, Section 163.387, which is attributable to the Project, using $30,282 as the base year in calculating such increment revenues, so that increment revenues for the Project is equal to all amount over the base year amount. "Property" means the real property described on Exhibit A. "Public Improvements" means the streetscape, public plaza and walkways, utilities to be dedicated to the public, and public spaces within the parking garage, as shown on the Site Plan attached as Exhibit B. 3716 2 "Public Parking" means the first 167 parking spaces upon entry into the parking garage, including parking for the disabled required for the Project under applicable laws. "Public Utilities" means all utilities constructed by the Developer in support of the Project to be dedicated to the public and lying under, in, upon or over the public ways or public easements. "Redevelopment Area" means those areas within the limits of the City which have been declared Blighted in accordance with the provisions of Florida Statutes, Chapter 163, Part 111. "Redevelopment Trust Fund" means the trust fund established pursuant to Section 163.387, Florida Statutes for the deposit of incremental revenues attributable to the Redevelopment Area. "Schedule of Values" means the document prepared by the Developer's architect of record, showing a listing of the Public Improvements and their value. The Public Parking shall be shown as the allocated portion of the costs of the Public Parking, arrived at by dividing the number of Public Parking space by total number of parking spaces in the garage "Site Plan" means the site plan for the Project approved by the City of Boynton Beach City Commission by motion on June 3, 2003, and as scheduled by the City Commission to be corrected for errors on October 21, 2003 or as soon thereafter as is possible, and as may thereafter be amended by the City from time to time. "Soft Costs" means architectural, engineering, surveying, consultant, development, legal, design, accounting~ and. all other professional fees and costs, and including general overhead incurred during or in connection with the Public Improvements. "Substantial Completion" or "Substantially Complete" means the completion of 90% of the condominium units and 90% of the square footage of commercial space, as evidenced by issuance of a certificate of occupancy for such units and commercial space. "Tax Collector" means the duly elected tax collector for Palm Beach County. "Tax Roll" means the real property ad valorem assessment roll maintained by the Property Appraiser for the purpose of the levy and collection of ad valorem taxes. Any terms used herein which are not defined shall have the meanings as set forth in the Direct Incentive Agreement. Section 3. Effective Date. This Agreement shall be effective on the date that the last party to sign executes this Agreement Section 4. Developer's Construction of the Project. Developer agrees to construct the Project as described in the Site Plan and to maintain the public parking and other public areas as set out therein. The Site Plan may be modified from time to time by Developer in accordance with 3717 3 ~h'~d pursuant to the Code of Ordinances of the City of Boynton Beach; provided, however, that the Developer shall not have the right to materially reduce the number of residential units, the amount of commercial square footage, the size of the Pubic Improvements, or any other change which would materially reduce the taxable value of the Project, without the prior apProval of the CRA. And provided further that the Developer shall have the right, without any further approval from the CRA, to have the City take all action necessary to change the textual language in the Site Plan which conflicts with the square footages approved in the drawings. Section 5. Commencement of Construction. Developer agrees to commence construction of the Project within 180 days of the Developer pre-selling 70% plus one of the residential units. The Developer shall have the right to extend the commencement date by up to six months on a showing by the Developer to the CRA that the Developer has diligently pursued the construction start and that any delay is beyond the control of the Developer. Section 6. Completion Guarantee. Developer agrees to provide to the CRA the same form of a completion guarantee that Developer provides to its lender. Such completion guarantee shall be provided to the CRA within 15 business days of providing such guarantee to the Developer's lender. Section7. Advance Funding to be Applied to Developer Cost of Public Improvements. The advance funding is extended to the Developer to be used for the construction of Public Improvements. Section 8. Advance Funding Amount and Establishment of Account. The CRA agrees to advance fund to Developer the principal amount of $2,000,000 (Two Million Dollars). The CRA agrees to maintain such principal amount in a segregated account within the CRA book of accounts, to be identified as "The Arches Public Improvements Advance Funding Account." Such segregated account shall be established within 15 days after notice from the Developer to the CRA that construction has commenced. Developer agrees to provide the CRA with a Schedule of Values prepared by the Developer's architect of record, showing a listing of the Public Improvements and their value. Section 9. Method of Disbursement. After commencement of construction, the Developer may make application for disbursement to the CRA from time to time, but not more often than once every thirty days. Such application for disbursement shall contain the certification of the architect of record showing the percentage of completion of the various items on the Schedule of Values. Such application shall include a factor which equals 25% of the amount shown as construction or "hard" costs, to reimburse Developer for its Soft Costs in connection with the Public Improvements, it being the intent of the parties that Developer shall be paid all of its direct and indirect costs in connection with the Public Improvements, up to the $2 million limit. Within 15 days of receipt of each application for disbursement the CRA shall disburse the payment to the Developer by electronic transfer to Developer's project bank account. Section 10. Interest Charges Applicable to the Advance Funded Principal. Eighteen months after commencement of construction or such earlier time that the Developer has received 3718 4 the entire $2 million in advance funding, the CRA shall apply an interest factor to the principal amount. Such interest shall be the then prevailing rate for the Florida Municipal Bond Index for five year maturities. Interest shall be calculated quarterly, and prorated where applicable. All interest shall accrue and be added to the then outstanding principal balance of the Advance Funding Account. All computations of interest shall be applied solely to the advanced principal, exclusive of interest. No other charges shall be assessed to the Advance Funding Account, including but not limited to administrative fees and/or overhead, it being to intent of the parties that the sole charge to the account shall be the interest charges described in this section. Section 11. Annual Amounts Payable to Developer under Direct Incentive Agreement to be Applied to the Advance Funding Account Balance. The Pledged Project Increment Revenues payable to Developer under the companion Direct Incentive Agreement shall be credited against the amount of advanced principal and accrued interest owed under the Advance Funding Account. At such time as the amount owed under the Advance Funding Account is paid in full, all of the Pledged Project Increment Revenues shall thereafter be paid directly to the Developer. Section 12. No Lien on Property. The parties hereby agree that the sole source for payment of the Advance Funding Account shall be the Project Increment Revenues. In no event shall this Agreement or the Advance Funding amount be considered a lien or encumbrance upon the Property. Section 13. No Pledge of Segregated Advance Funding amount. The CRA warrants and represents to Developer that the $2 million to be placed in the Advance Funding Account is not the subject of any prior pledge by the CRA, and further agrees that such monies shall not be pledged, hypothecated or secured by the CRA in the future. Section 14. CRA's Maintenance of Records and Annual Account Funding, Quarterly Reports to Developer. Commencing with the date of this agreement, the CRA, shall maintain and administer separate financial records which reflect terms of this Agreement Such records shall clearly document for the benefit of the CRA and the Developer all amounts deposited in and disbursed from the Advance Funding Account and all amount credited toward and payable under the account. The CRA shall provide quarterly reports to the Developer, within 10 business days of the application of quarterly interest charges. In the event the Developer believes there is an inaccuracy in any report the Developer shall have the fight to challenge such report (or reports) and the parties shall meet within 10 business days of such challenge, and attempt to resolve the disputed amount in good faith. Section 15. Termination. The obligations of Developer and CRA under this Agreement shall terminate upon the earlier of (i) payment in full of the amount due in the Advance Funding Account or (ii) failure by the Developer to commence construction of the Project on or before the construction commencement date set forth in Section 5 above, unless extended as provided therein. Section 16. Events of Default. In the event of any default under this Agreement between the CRA and Developer, the defaulting party, upon written notice from the other, shall proceed 3719 5 ilnmediately to cure the default and shall cure the default within 60 days after receipt of the Default Notice. If at the end of such 60 day period the defaulting party is proceeding diligently to cure the default, the cure period shall be automatically extended for an additional 60 days. If the defaulting party fails to cure such default within the Cure Period the parties shall have all available legal remedies. 16.1 Unavoidable Delay. In the event of delay in performance of either party hereto under this agreement due to unforeseeable causes beyond its control and without its fault or negligence, including, but not limited to, acts of God, acts of government (including, but not limited to, delays in issuing permits or other approvals required for construction), acts of the other party, fa:es, floods, strikes, freight embargoes, unusually severe weather, or delays of subcontractors due to such causes, the time for performance of such obligations shall be extended for the period of the enforced delay, provided the party seeking the benefit of the provisions of this paragraph shall, within 30 days after the beginning of any such enforced delay, have notified the other party in writing of the causes and requested such extension. 16.2 Enforcement of Performance, Damages, and Termination. If an event of Default occurs, the non-defaulting party may elect to do any or all of the following: (i) enforce performance or observance by the defaulting party of the applicable provisions of this Agreement or (ii) terminate this Agreement and the non-defaulting party's obligations under this Agreement 16.3 Strict Performance. No failure by either party to insist upon strict performance of any covenant, agreement, term or condition of this Agreement or to exercise any right or remedy available to such party by reason of the other party's Default and no payment or acceptance of full or partial payments of amount due under this Agreement during the continuance (or with CRA's knowledge of the occurrence) of any Default or Event of Default, shall constitute a waiver of any such Default or Event of Default or of such covenant, agreement, term, or condition or of any other covenant, agreement, term, or condition. No waiver of any Default shall affect or alter this Agreement, but each and every covenant, agreement, term, and condition of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent Default. Payment by either party of any amounts due under this Agreement shall be without prejudice to and shall not constitute a waiver of any rights against the other party provided for under this Agreement or at law or in equity. One party's compliance with any request or demand made by the other party shall not be deemed a waiver of such other party's right to contest the validity of such request or demand. All the terms, provisions, and conditions of this Agreement shall inure to the benefit of and be enforceable by the Parties hereto, and their respective successors and assigns. The Agreement shall not be construed more strictly against One party than against the other, merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that both parties have contributed substantially and materially to the preparation of the Agreement. 16.4 Remedies under Bankruptcy and Insolvency Codes. If an order for relief is entered or if any stay of proceeding or Other act becomes effective against Developer or in any proceeding which is commenced by or against Developer under the present or any future federal bankruptcy code or in a proceeding which is commenced by or against Developer, seeking a reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any other 3720 6 present or future applicable federal, state or other bankruptcy or insolvency statute or law, CRA shall be entitled to invoke any and all fights and remedies available to it under such bankruptcy or insolvency code, statute or law or this Agreement. Section 17. No Brokers. CRA and Developer each represent to the to the other that it has not dealt with any broker, finder, or like entity in connection with this Agreement or the transactions contemplated hereby, and each party shall indemnify the other against any claim for brokerage commissions, fees, or other compensation by any person alleging to have acted for or dealt with the indemnifying party in connection with this Agreement or the transactions contemplated hereby. Section 18. Notices and Other Communication,q. Whenever it is provided herein that notice, demand, request, consent, approval or other communication shall or may be given to, or served upon, either of the parties by the other (or any Recognized Mortgagee), or whenever either of the parties desires to give or serve upon the other any notice, demand, request, consent, approval or other communication with respect hereto or to the Project Site, each such notice, demand request, consent, approval or other communication (referred to in this Section 16 as a "Notice") shall be in writing (whether or no so indicated elsewhere in this Agreement) and shall be effective for any purpose only if given or served by (i) certified or registered United States Mall, postage prepaid, return receipt requested, (ii) personal delivery with a signed receipt or (iii) a recognized national courier service, addressed as follows: If to Developer: B oynton Ventures I, l J IZ 303 Banyan Blvd. Suite 403 West Palm Beach, FL 33401 With copies to: Gregory E. Young, Esq. Edwards & Angell, 1J.P One North Clematis Street Suite 400 West Palm Beach, FL 33401 and Patrick N. Brown, Esq. 821 Flamingo Drive West Palm Beach, F1 33401 If to CRA Boynton Beach Community Redevelopment Agency 693 East Ocean Avenue, Suite 107 -Boynton Beach, Florida 33435 With a copy to: Lindsey A. Payne, Esq. Goren Cherof Doody & Erzol, PA 3099 E. Commercial Blvd. Suite 200 3721 7 Ft. Lauderdale, FL 33308 18.1 Any Notice may be given in a manner provided in this Agreement on either party's behalf by its attorneys designated by such party by Notice hereunder. 18.2 Every 'Notice shall be effective on the date actually received, as indicated on the receipt therefor or on the date delivery thereof is refused by the recipient thereof. Section 19. Amendments and Waivers. The Agreement may not be amended, modified, altered, or changed in any respect whatsoever, except by a further agreement in writing duly executed by the parties hereto. Section 20. Assignment. Prior to Substantial Completion of the Project Developer shall not transfer or assign its interest in this Agreement to any other person or entity without the prior written consent of the CRA: provided, however that prior to Substantial Completion this Agreement may be transferred without consent to any successor entity in which Boynton Ventures I, LI£ owns or controls 5% of such entity. After Substantial Completion this Agreement may be transferred by the Developer without restriction. Section 21. Successors and Assigns. The agreements, terms, covenants, and conditions herein shall be binding upon and inure to the benefit of the CRA and the Developer, and, except as otherwise provided herein, their respective successors and permitted assigns. Section 22. Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. Section 23. Insurance. All parties hereto understand and agree that the CRA does not intend to purchase property insurance in connection with this Project. Section 24. Exhibits. Each Exhibit referred to in this Agreement forms an essential part of this Agreement. Any exhibits not physically attached shall be treated as part of this Agreement and are incorporated herein by reference. Section 25. Headings. Headings herein are for convenience of reference only and shall not be considered on any interpretation of this Agreement. Section 26. Severability. If any provision of this Agreement or application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. Section 27. Authority to Execute. Each party hereby represents to the other that each person executing this Agreement on behalf of the CRA or the Developer (or in any 8 3722 ibpresentative capacity), as applicable has full right and lawful authority to execute this Agreement. Section28. Governing Law and Venue. This Agreement and the Restrictive Covenants shall be governed by the laws of the State of Florida with venue lying in Palm Beach County, Florida. Section 29. Priority of Interpretation. In the event of any conflict between the terms and conditions of this Agreement, the Advance Funding Agreement and the Direct Incentive Program, the following shall be the order of priority for interpretation: (a) The Direct Incentive Agreement (b) This Agreement (c) The Direct Incentive Program dated January 22, 2003 Section 30. No Recording. This Agreement shall not be recorded in the Public Records of Palm Beach County, Florida. IN WITNESS OF TI-tIE FOREGOING, the parties have set their hands and seals the day and year first written above. BOYNTON VENTURES I LLC By: Name (witness) (witness) BOYNTON BEACH COMMIJNITY REDEVELOPMENT AGENCY By: Chairman (witness) 3723 9 (wimess) STATE OF : ~ SS~ COUNTY OF : BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared as of BOYNTON VENTUR~ I, l J JC and acknowledged under oath that he/she has executed the foregoing Agreement as the proper official of BOYNTON VENTURES I, LLC, for the use and purposes mentioned herein and that the ins~m'nent is the act and deed of BOYNTON VENTURES I, LLC. He/she is personally known to me or has produced as identification. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this __ day of 2003. My Commission Expires: Notary Public, State of Florida at Large STATE OF : : SS: COUNTY OF : BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared as Chairman of and acknowledged under oath that he/she has executed the foregoing Agreement as the proper official of BOYNTON BEACH COM2VIUNITY REDEVELOPMENT AGENCY for the use and purposes mentioned herein and that the instrument is the act and deed of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY. He/she is personally known to me or has produced as identification. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this __ day of 2003. My Commission Expires: Notary Public, State of Florida at Large Fiaal October'9, 2003 3724 10 Exhibit A- Property Description 3725 First American Title :Insurance Company Schedule A (Continued) Agent File No.: Boynton Ventures Z, LLC PARCEL NO. 1: Lots 1, 2 and the East 35 feet of Lot 3, less the North 8 feet of said lots, Block 7, TOWN OF BOYNTON, according to the plat thereof, recorded in Plat Book 1, Page 23, Public Records of Palm Beach County, Florida. PARCEL NO. 2: The West 15 feet of Lot 3 and all of Lots 4 and 5, less the North 8 feet of said lots, Block 7, TOWN OF BOYNTON, according to the plat thereof, recorded in Plat Book 1, Page 23, Public Records of Palm Beach County, RoNda. PARCEL NO. 3: Lot~ 8, 9, 10, less the North 90 feet of said lots, and the West 1/2 of Lot 11, Block 7, TOWN OF BOYNTON, according to the plat thereof, recorded in Plat Book 1, Page 23, Public Records of Palm Beach County, Florida. PARCEL NO. 4: The East 1/2 of Lot 11 and all Lots 12, 13 and 14, less the East 10 feet of the North 60 feet of said Lot 14, and also less that part of Lot 14, less the North 60 feet thereof, which is Included in theextemal area formed by a 12 foot radius arc tangent to the South line of said Lot 14 and tangent to a line 10 feet West of and parallel to the East line of said Lot 14, Block 7, TOWN OF BOYNTON, according to the plat thereof, recorded in Plat Book 1, Page 23, Public Records of Palm Beach County, Florida. PARCEL NO. 5: The North 80 feet of Lots :t through 7, Inclusive, and the South 80 feet of Lots 8 through 14, indusive, Block 12, TOWN OF BOYNTON, according to the plat thereof, recorded in Plat Book 1, Page 23, Public Records of Palm Beach County, Florida, less the East 10 feet of the North 80 feet of said Lot 1, and less that part of the North 80 feet of said Lot I which is included in the external area formed by a 12 foot radius arc tangent to the North line of said Lot i and tangent to a line 10 feet West of and parallel to the East line of said Lot 1, and less the West 5 feet of the North 80 feet of said Lot 7, and less the West 5 feet of the South 80 feet of said Lot 8, and less the East 10 feet of the South 80 feet of said Lot 14, and tess that part of said Lot 14 described as follows: from a point on the South line of Lot 14 located 10 feet Westerly of the Southeast corner of said Lot 14, run Westerly along the South line of said Lot 14 for 25.51 feet; thence run in a Northeasterly direction along the arc of a curve concave to the Northwest and having a radius of 25 feet for a d/stance of 39.78 feet to a point on a line parallel to and 50 feet Westerly of, measured at right angles to, the Base Line of Survey of State Road 5, .Section 9301-205; thence run South 0059'45" East along said parallel line for 25.51 feet to Point of Beginning. AND Lots 1, 2 and 3, Plat of A PORT[ON OF BLOCK 12, TOWN OF BOYNTON, according to the plat thereof, Page 4 · qn~ R-~.5~50 3726 First American Title Insurance Company recorded in Plat Book 15, Page 18, Public Records of Palm Beach County, Florida, less the East 10 feet of said Lots 1 and 2, and less the West 5 feet of said Lot 3. 37~7 Page 5 No.: 9018-255850 T~ ARCi~$ AT BOYNTON BEACH APPLICATION TO ABANDON/VACATE EX~IBI~.[' A - LEOAL DESCRIPTION/MA~ 3728 Mutual Consent to Alley Abandonment Petitioner/Contract Purchaser, Boynton Ventures 1 LLC filed an Application for Abandonment (ABAN 03-002) for a project known as 'q'he Arches". The request for alley abandonment is contained in the survey and legal description set forth in Exhibit "A" attached hereto. The request for Abandonment was approved by the City of Boynton Beach under Ordinance No. 03-024 (2nd reading June 17, 2003). The adjoining property owners, Boynton Shipwreck Inc, BobKatz Properties inc, and proposed contract purchaser, by execution hereof, consent to the abandonment, as approved by the City of Boynton Beach. In addition, the Petitioner, Boynton Ventures I LLC, hereby consents to a proposed further abandonment of the alley (SE lstPlace), westward to SE 4th Avenue which is anticipated to be part of a development application to the City of Boynton Beach at a future date. This Mutual Consent is binding on the heirs, personal representatives, assigns and business partners of the parties hereto. The parties signing below, ali of which constitute the record title owners of the real property contiguous to SE 1st Place betwccn Federal Hwy (US 1) and SE 4th Avenue in Boynton Beach, FL or are empowered to and duly authorized to sign this Mutual Consent for and on behalf of such property owners. For Boynt~Ve~es 1 LLC: J. Kevin Lawler, Member Manager 3729 Pr~.r)ared 7/10/2003 LAND DESCRIPTION PORTION OF 20 FOOT WIDE ALLEY TO BE VACATED A portion of that certain. 20.00 foot wide alley lying adjacent to Lots I through 4 and Lots 11 through 14, together with th~ north half of said alley lying south of and adjacent to Lot 5, all in Block 7, ORIGINAL TOWN OF BOYNTON, according to the plat thereof as recorded in Plat Book 1, Page 23 of the Public Records of Palm. Beach County, Florida, mom particularly described as follows: COMMENCING at the Intersection of the centarilne of Ocean Avenue (50.00 foot plaffed right-of- ' way) with the centerline of Federal Highway, also known as U.S. Highway No. 1 and State Road No. 5 (100 foot right-of-way); THENCE North 88'59'27" West along the centerline of said Ocean Avenue, 50.01 feet; , THENCE South 00'02'09" West along the west right-of-way line of said Federal Highway, 151.52 feet to the POINT OF BEGINNING; THENCE South 00'02'09' West, continuing along said west right-of-way line, 20.00 feet; THENCE North 88'59'2T' West, 190.03 feet; THENCE North 00'02'09" East, lO.00.feet; THENCE North 88'59'27" West, 50.01 feet; THENCE North 00'02'09" East, 10.00 feet; THENCE South 88'59'27" East, 240.03 feet to the POINT OF BEGINNING. Said lands lying in the C/ty of Boynton Beach, Palm Beach County, Florida, containing 4301 square feet (0.099 acres), more or less. LAND DESCRIPTION PREPARED BY: SHAH, DROTOS & ASSOCIATES 1835 S. Perimeter Road, Suite 190 Fort Lauderdale, Florida 33309 Prepared by: MDR Checked by: MDR Project No.: 02-0598A File .Name: X;~',.ad~survey~0598A00~,Sketches~0598VACA.Igl February 21, 2003 SHEET 1 OF 2 SHEETS 3730 ORIGIN · B L 'O C K 7 3731 Exhibit B - Approved Site Plan The Arches 3732 DEVELOPMENT ORDER OF THE CIT. Y COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME · The Arches APPLICANT'S AGENT: Nancy Graham - Urban Principles' LLC APPLICANT'S ADDRESS: 319 Clematis Street Suite 512 West Palm Beach, FL 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 20, 2003 'I"YPE OF RELIEF SOUGHT: Request new site plan approval for the construction of a large scale mixed-use development LOCATION OF PROPERTY: Southwest corner of Ocean Avenue and Federal Highway DRAWING(S): SEE EXHIBIT "B" A'I-T'ACHED HERETO. X 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: -, THIS MA"FTER came on to be heard before the City Commission of the City of Boynton ~each, FlOrida on the date of hearing stated above. The City. Commission having considere relief sought by the applicant and heard testimon fr · d the s!aff and the public finds as follows. Y om the appltcant, members of city administrative 1. Application for the relief sought was made' by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Appfl.cant ~ HAS established dy substantial competent evidence a basis for the relief requested. 3. 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". 4. 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. 6. All further development on the Prope sh and conditions of'this order. ~ all be made in accordance with the't'erms 7. Other ~ %°¥~ ~'°4,' '~ ;'"PIann~n¢'SHARED~W~PROJI~CT'S~ARCHE$ ~ BB~ASAI',P, DO.~oC ~ ~ :- Location ~a"',,,a~, EXHIBIT"A" The Arches at Boynton Beach 3?34 - ., EXHIBIT 'B' ~{{ , ~ ', .' I ,, ' ' ~ .-;'2v :,: .,.;- .~. , ;P ~ ° i ~. 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N';'; / · ~ .'~J,:-;~r'; : ;it-![ , ~T t : I,' ~~;,: ~ Is ~J;)'~ . ]. ,.t.t. ~ ~..,. 1 if,i~- ?:-~"'% ' {' d' t- I ' ;' "- "~- J- : ~i::, J,.; 'tt:.'q t;: .f ': ·1' : i ~ : ;,.'.!t,';,r:,:; ;')i: '; il ' :: t:; ;: ' ; ?': ~tt/.~l~'l'.; !/'~t ~ ,-.~' ;iiU ;'t;:' ; .:!, -' %:' ,~ ~-'q:" !'"V:;t ' t I' ::~. :: ;i :. '..; ;, -'t J -'~ .,::-, :-,.'.~ :.;;: , ;. , ;,, :'- ' -", 5.";'; :~'q! ~:.."i; ; i.: : , !:~ ' ,;. ~: ;~: ~ ~:~ {: '..;:',; u:."!t~ , ": t: ~.: :: 1:.'. : !, | ~ .:,h. ~;TI,~ .'-i't; : ?.' ? :i ] i ' ',:: . f! '::i, ; !: i', .L"~ ?'.':-:.: ; :: :' ~; :.:; :: t :~. J ~ '~i"-' ,.::- f';:' ;. :.'. ~,.: : :.,t i b'. t ::,. t ; ~ ;t ; ,Fl, ? ;: ~ :-. : ; ::I ~ J ~..t ;; !tl ~;:~L! :::i :. ~: i~: ~ ':'. ~ ]..':;: ,'..:,'.,t:~: i . t ;( :: '. j ,,~. : .~: ,,i:': ~:~;U- t '.', ~ :] t '- , ~ , / -- :4; !;:~;: I;::' , : , .:, .'.r, t;,t , :~ ' :' :, :,;':, : :'~ .': ' f ' , ' / ~ ~h,i ,,.;3.' ~ ', . ,: ,: --,,. '". ": :' I 4! ;el ;:~, ~ ;: ,,:',' ,r~i'(' ~ t:t ,, .'. : ...': t,i ::. ~ , :f .t ,;. t ;. ;..: ..f,,.~ ; ,., ~: : ] : [ · . ~ ~ ~' " ,. ~ :.::?. ',ti.!! ~ :'.- :,. , : j - ~- ,t ''" J'-:'k ~ :; '; ' ' 1133745 ;" :'l!iJ ' The &z'ch. es ~ BovTtLon Beach : /,/~ Boy"nLon Beach. FL ,-- ::~'J -, : ":'~ " ] Boynton Ventures t. LLC -.: ' " // EXHIBIT 'B' " .=-o ~z _ _= ~ .' :: ~ c .'~,~'...: :'.,. .'-..'~. '. -. .,,~.., ' ~" .... 3'746 3747 EXHIBIT 'B" -' nzo- F~ ~ - ~.~ · ~ ~ ..... ~ ~"~ ~ ,~ EXHIBIT 'B' ...i. : ....-,k 4 . J. 3749 EXHIBIT 'B' ® ® ' =~, ~ 3763 3768 EXHIBIT "C" ': Conditions of Approval Project name: The Arches File number: NWSP 03-002 Reference: 2~ re~'iew plans identified as a New 'Site Plan w/th an April 22, 2003 Planning & Zoning D/v/sion date sta marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: 1. Prior to perrmt application contact the Public Works Department (561-742- X 6200) regarding the storage and handling of refuse. The dumpster will be supplied by Public Works. : PUBLIC WORKS- Traffic Comments: 2. Provide "2 I-Ir Parking - 8:30 A.M. to 5:30 P.M." signs along Ocean Avenue, X SE 1st Avenue, SE 2nd Avenue, and SE 4th Street, at approximate 100 fee~ spacing. 3. Add "No P .arking" signs along Federal Highway. X UTrI'.ITIES Comments: 4. All utility easements shall be shown on the site plan, landscape plan, and X water and sewer plans. In general, palm trees will be the only tree species . allowed within utility easements. Canopy ~ees may be planted outside the easement to ensure that the roots and branches will not impact those utilities with/n the easement in the foreseeable future. According to Chapter 7.5, Article I, Section 18.1, the public utilities has the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-wa7. 5. Fire flow calculations will be required demonstrating the City Code X 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 Fearer (see CODE, Section 26-1 6. The CODE, SectSon 26-340E) requires that a capacity reservation fee be paid X for this project either upon the request for the Department's signature on the Health Department application forms or within 30 days of site plan approval, whichever occurs first. This fee will be deterrrfined based upon final meter size, or expected demand. o t,~9 Conditions of Approval 2 DEPARTMENTS 12qCLUDE REJECT 7. The LDR, Chapter 3, Article tv, Section 3.P requires a statement be included X that (all other) utilities are available and w/Il be provided by the appropriate agencies. This statement is lacking on the subm/tt.ed plans. FIRE Cornments: 8. Design documents shall demonstrate compliance with LDR Chapter 6, X Section 16, which provides requirements for hydrants. In addition to domestic requirements at'a residual pressure of not less than 20 psi, a f~re flow of at least 1500 gpm is required. 9'. Design documents where underground water mains and hydrants are to be X provided, must demonstrate that they will be installed, completed, and in · service prior to construction work per the Florida Fire Prevents'on Code, (2000) Section 29-2.3.2. 10. High-r/se buildings shall be protected throughout by a Class I standpipe X system in ·accordance with SectiOn 9.7. Florida Fire Prevention Code, (2000) Section 11.8.2.2. 11. Class 1, Type 60, .standby power in accordance with NFPA 70, Nan'onal X Electrical Code, and NFPA 110, Standard for Emergency and Standby Power Systems, shall be provided. Florida Fire J>revenn'on Code, (2000) Section 11.8.4..2. POLICE Comments: None X ENGINEERING DMSION Comments: 12. It may be necessary to replace or relocate large canopy ~ees adjacent to light X fixtures to eliminate future shadowing on the park/rig surface CLDR, Chapter 23, Article rr, Section A. 1.b). [3. A new SFWMD permit or a modification to the existing permit will be X required for the proposed tie-in to the storm sewer system in SE 1st Ave 14. Stormwater connection fees (Fee-In-Lieu-of Capital Improvements) will be X calculated and assessed after the SFWlvrD permit and stormwater connection issues are reconciled. 15. Prov/de an engineer's certification on the Drainage Plan as specified in LDR, X Chapter 4, Section 7.F.2. 37'70 DEPARTIVfEMTS INCLUDE REIECT ~-16.-Full drainage plans in accordance with the LDR, Chapter 6, Article IV X Section 5 will be required at the time of permitting. Additional comments and corrections to this plan may be generated at that time. BUILDING DMSION Comments: 17. Identify within the site data the finish floor elevation (lowest floor elevation) X that is proposed for each building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the site data that address the following issues [Section 3107.1.2, Chapter 31 of the 2001 Florida Building Code]: a) The design professional-of-record for the project shall add the following text to the site data. "The proposed finish floor elevatio= b/OVID is above the highest 100-year base flood elevation applicable to the building site, as determined by the South Florida .. Water Management District's surface water management construction development regulations." b) From the FIR2vI 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. ¢) Identify the floor elevation that the design professional has established for the building within the footprint of the building that is shown on the drawings titled site plan, floor plan and paving/ drainage (civil pla.ns). 18. On 'the drawing titled site plan, identify and label the symbol that represents X the property line. 19. At t/me of permit review, provide a completed and executed City of Boynton X 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 fon'n. The property owner that is identified on each deed shall match. 20. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 21. Add to each building that is depicted on the site plan drawing a labeled X symbol that identifies the location of the proposed handicap accessible u~ts. Add to the drawing the calculations that were used to identify the minimum number of required units. Also, state the code section that is applicable to the computations. Show and label the same units on the applicable floor plan drawings. Compliance with regulations specified in the Fair Housing Act is required (Federal Fair Housing Act Design and Construction Requirements, _ 24 CFR 100.205). 3771 Co-nditio~ of Approval DEPA3~.TMENTS ]Y~CLUDE REJECT -22. Add to all plan view drawings of the site a labeled symbol that represents the X location and perimeter.of the limits of construction proposed with the subject request. 23. At the time of permit review, submit details of reinforcement of walls for the X future installation of grab bars as required by the Federal Fair Housing Act 24 CFK 100.205, Section 3, Requirement $$6. All bathrooms within the covered aw¢lling unit shall comply 24. All bathrooms in the covered dwelling unit shall comply with the provisions X of the Federal Fair Housing Act 24 CFI~. 100.205 (C)(3)(PO, Requirement #? (2), Paragraph (A) or OB). Clear floor space shall be provided at fixtures to allow a person in a wheelchair or other mobility aid the use of the fixtures. Clear floor space shall be shown on the plan.s and designate which design option of requirement #? (A or B) is being used. , PARKS AND RECREATION Comments: None X FOR. ESTER/ENVIRONNIENTALIST Coraments: None X PLA_N-NING AND ZONING 25. Approval of this project is contingent upon the approval of the corresponding X request to rezone from CBD to MU-H (LUA_R. 03-003). 26. Approval of this project is contingent upon the approval of the corresponding X request to abandon the Southeast 1'~ Street alley (ABAN 03-002). Ir the abandonment is unsuccessful, modify site plan accordingly. 27. All proposed uses must be consistent with the MU-H zoning district identified X in Table 6F-1 in Chapter 2, Section'5.F.4 of the Land Development Kegulations. 28. The proposed building areas must match between the traffic study and the site X plan. Prior to the issuance of the first building permit, the Palm Beach County Traffic Division must approve the traffic study. 29. A unity of title will be required prior to the issuance of a building permit. X 30. The drainage statement is required prior to the issuance of a building permit X (.Chapter 4, Section 7.F.2.). 3772 3 1. T~e averag~ ~a~ ~{ all residential tm/ts must not be below 1000 square feet X (Chapter.2, Section 6.F.5). On the site plan (sheet 3 of 6), indicate the average 'size of all the units to ensure compliance with the Land Development DEPART~IENTS INCLUDE R-EJECT Regulations. 32. On the site plan (sheet 3 of 6 prepared by Shah Drotos), correct the note for X Building "E" to indicate that the parking garage will'be nine (9) stories tall (ground floor through 8,m floor will be for parking, the 9m floor will be for the recreation area). 33. The site plan (sheet 3 of 6 prepared by Shah Drotos) indicates that all of X Building "D" will be eight (8)-stories tall. However, the elevations and floor plans show the eastern portion of Building "D" will be only four (4)-stories tall. Revise the site plan (sheet 3 of 6) so that it accurately corresponds to the floor plans and elevations. 34. On the :site plan (sheet 3 of 6 prepared by Shah Drotos), correct the required X number of parking spaces from 749 spaces to '750 spaces. Also, correct the number of provided parking spaces: (718 spaces in garage plus 35 surface parking spaces equals 753 parking spaces). 35. On the site plan (sheet 3 of 6 prepared by Shah Drotos), eliminate the X handicap parking spaces shown within the valet area on the north side of Southeast 1't Avenue. No parking may occur in this valet area. 36. Correct the number of provided parking spaces in the "garage summary'' on X the First Floor Plan (prepared by Looney Ricks K/ss). Ensure that the parking summary on the plans prepared by Looney Ricks K/ss is consistent with the site plan (sheet 3 of 6 prepared by Shah Drotos). 37. Show the 88'~ parking space on the "Eighth FloOr Plan:? of the parking garage X (prepared by Looney Ricks Ir, dss). 38. On the west elevation of the parking garage (prepared. by Looney Ricks Kiss), X indicate by note that the 9m floor will be the "Pool Deck / Garage Roof'. 39. On the site plan (sheet 3 of 6 prepared by Shah Drotos) tabular data, revise X the note that currently reads, "OFFSITE PARKING PROVIDED (NOT COUNTED IN REQUIKED SPACES) to read the following: OFF-SITE PARK~G (NOT INCLUDED IN PROVIDED SPACES) 40. Place a note on the site plan (sheet 3 of 6 prepared by Shah Drotos), that X based on the parking methodology used, the total number of seats for all restaurants shall not exceed 50 seats. Any additional seats w/Il atfect the required number of parking spaces and may cause the project to fall below the development standard. 41. As presented, the project will be limited to 20,652 square feet of gross X leasable (net) retail area and 15,a. 4q square feet of gross leasable (net) office area (Chapter 2, Section 11.H.d.(2)). Any increase in leasable area will affect the required number of parking spaces and may cause the project to fall below the development standard. 3773 _42. The number of dwelling units / unit type mix should match between the floer X Conditions of Approval DEPARTMENTS INCLUDE KEYECT plans (prepared by Looney R.ick~ Kiss) and the site plan tabular data (sheet 3 _. of 6 prepared by Shah Drotos). 43. The removal / relocation of trees is subject to review and approval by the City X Forester / Environmentalist. 44. On the landscape plan, ensure that the landscape species and quantities match X between the landscape plan and graphic illustration. 45. Kcvise the Shared Parking Table on the "Site / Project Data" sheet prepared X by Looney R/cks Kiss. Based upon the proposed uses and their respective intensities, the Shared Parking Table should read as follows: ~eekda? t'Veekend Daytime Evening Daytime Evening Nighttime Office 78 8 8 4 4 Retail 78 78 104 73 6 Lodging - - - Restaurant 63 126 126 126 13 Entertainment - Residential 308 512 512 512 512 Total 527 724 750 715 535 The number of required parking spaces shown in the above Shared Parking Table may be subject to change due to unforeseen revisions made to the plans during the permitting process. Also, the 'Table is subject to change . without Board or City Commission action if the project demands less required parking due to decreased intensities (i.e. reduced office area, reduced number of dwelling units). However, if the intensities further increase and cause the project to become deficient in parking, any request to pay a "fee in lieu" of (providing additional parking spaces) shall be subject to the Community Redevelopment Agency and City Commission review and approval. 46. The elevations must indicate the proposed paint manufacturer's name and X color code prior to the issuance of a building permit. Staff recommends consistency between the colored drawing and the elevations. 47. All project signage is subject to review and approval of the Community X Redevelopment Agency and City Commission. Staff recommends submitting a sign program. 48. Staff recommends that the applicant should coordinate with Palm Tran for an X upgraded bus-stop facility. Please contact Mr. Gerry Gawaido, a planner w/th the Palm Tran Department's Development Review Committee at (561) 841- 4246. "' 3774 ~.. DEPARTMENTS INCLUDE KEJ-ECT ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 49. The applicant and staff will work together to ensure that the proposed X ' awnings and landscaping do not conflict with each. 50. Ensure that any awnings proposed in rights-of-way are properly X permitted and approved by appropriate agencies. 51. The planter boxes (west of proposed garage) shall contain Bougainvillea and X shall be imgated. 52. The method of refuse collection (handling and storage) shall be re-evaluated X : to confirm sufficiency and effectiveness. 53. Prior to the issuance of a building perm/t, the elevations shall indicate the X proposed colors and return to the CRA for a courtesy review. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 54. To be determ/ned. ~ S:%PlanningXSHARED\WPhUROJECTSkARCHES (~ BB\NWSP 03-002\COA.doc 3775 DIRECT INCENTIVE FUNDING AGREEMENT This is an Agreement entered into on the day of ., 2003, by and between: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part Ill of the Florida Statutes, (hereinafter referred to as "CRA"), with a business address of 639 East Ocean Avenue, Suite 107, Boynton Beach, Florida 33435, and BOYNTON VENTURES I, LLC., a Florida corporation, (hereinafter referred to as the "Developer" or "Boynton Ventures"), with a business address of 319 Clematis Street, Suite 512, West Palm Beach, Florida 33401. RECITALS: WHEREAS, as part of its strategy to "encourage large-scale projects, which define new markets, quality, innovation and character in the CRA area" the CRA has adopted a Direct Incentive Program dated January 22, 2003 (hereinafter the "Direct Incentive Program"); and WHEREAS, Developer submitted an application to the CRA for funding a Direct Incentive for the Arches of Boynton Beach Project (hereinafter the "Project"); and WHEREAS, at the May 15, 2003 meeting the CRA Board approved said application with a project scoring of 110 points (making the Project eligible for the maximum incentive under the Direct Incentive Program), subject to approval of a mutually acceptable contract; and WlIEREAS, at the May 15, 2003 meeting the CRA Board also approved in concept front loading or advance funding for the Project in the amount of $2,000,000 (Two Million Dollars), which advance funding is the subject of a separate companion agreement (hereinafter the "Advance Funding Agreement"); and WHEREAS, this Agreement is not intended to be a "Development Agreement" within the meaning of Florida Statutes, Section 163.3221; and WHEREAS, at its meeting, the CRA Board approved this Agreement. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements herein contained and other good and valuable consideration, the receipt of which is hereby acknowledged, it is agreed herein between the parties hereto as follows: 3777 Section 1. Incorporation of Recitals. The above recitals and true and correct and are incorporated in this Agreement by reference. Section 2. Definitions. As used in this Agreement the following terms shall have the following meanings: "Agreement'' means this Direct Incentive Funding Agreement and all exhibits and attachments thereto, as any of the same may hereafter be amended from time to time, in accordance with the terms of this Agreement "City" means the City of Boynton Beach, Florida. "Commence" or "Commencement" as such terms relate to the commencement of constru'ction of the Project as required hereunder, means the issuance by the City of the permit required for the commencement of demolition and/or site work and the commencement of such demolition or site work pursuant to and in accordance with such permit. "Other Public Areas" means all Public Areas other than the Public Parking, but shall not include the Public Utilities, which shall be dedicated to the public. "Developer" means Developer (and any assignee or transferee of the Developer that is permitted under this Agreement, from and after the date of such permitted assignment or transfer). "Pledged Project Increment Revenues" means 50% of the Project Increment Revenues. "Project" means the Arches of Boynton Beach Project as described above in the second "whereas" clause, and as further described in the Site Plan defined below. "Project Increment Revenues" means the amount deposited in the Redevelopment Trust Fund for the Redevelopment Area pursuant to Florida Statutes, Section 163.387, which is attributable to the Project, using $30,282 as the base year in calculating such increment revenues, so that increment revenues for the Project is equal to all amount over the base year amount. "Property" means the real property described on Exhibit A. "Public Improvements" means the streetscape, public plaza and walkways, utilities to be dedicated to the public, and public spaces within the parking garage, as shown on the Site Plan attached as Exhibit B. "Public Parking" means the first 167 parking spaces upon entry into the parking garage, including parking for the disabled required for the Project under applicable laws. "Public Utilities" means all utilities constructed by the Developer in support of the Project to be dedicated to the public and lying under, in, upon or over the public ways or public easements. 3778 2 "Redevelopment Area" means those areas within the limits of the City which have been declared Blighted in accordance with the provisions of Florida Statutes, Chapter 163, Part Ill. "Redevelopment Trust Fund" means the trust fund established pursuant to Section 163.387, Florida Statutes for the deposit of incremental revenues attributable to the Redevelopment Area. "Site Plan" means the site plan for the Project approved by the City of Boynton Beach City Commission by motion on June 3, 2003, and as scheduled by the City Commission to be corrected for errors on October 21, 2003 or as soon thereafter as is possible, and as may thereafter be amended by the City from time to time. ~ "Substantial Completion" or "Substantially Complete" means the completion of 90% of the condominium units and 90% of the square footage of commercial space, as evidenced by issuance of a certificate of occupancy for such units and commercial space. "Tax Collector" means the duly elected tax collector for Palm Beach County. "Tax Roll" means the real property ad valorem assessment roll maintained by the Property Appraiser for the purpose of the levy and collection of ad valorem taxes. Section 3. Effective Date. This Agreement shall be effective on the date that the last party to sign executes this Agreement Section 4. Developer's Construction of the Project. Developer agrees to construct the Project as described in the Site Plan and to maintain the public parking and other public areas as set out therein. The Site Plan may be modified from time to time by Developer in accordance with and pursuant to the Code of Ordinances of the City of Boynton Beach; provided, however, that the Developer shall not have the right to materially reduce the number of residential units, the amount of commercial square footage, the size of the Pubic Improvements or any other change which would materially reduce the taxable value of the Project without the prior approval of the CRA. Section5. Commencement of Construction. Developer agrees to commence construction of the Project within 180 days of the Developer pre-selling 70% plus one of the residential units. The Developer shall have the right to extend the commencement date by up to six months on a showing by the Developer to the CRA that the Developer has diligently pursued the construction start and that any delay is beyond the control of the Developer. Section6. Direct Incentive Funding to Offset Developer Cost of Public Imt~rovements. The incentive funding is granted to the Developer for the purpose of offsetting in part the Developer's cost of constructing the Public Improvements. 3779 Section 7. Direct Incentive Funding Formula and Term. The CRA hereby agrees to direct fund, that is, to pledge and assign to Developer for a period of 10 consecutive years, as provided in Section 8, an annual amount which equals the Pledged Project Increment Revenues. Section 8. Commencement and Conditions of Funding. The 10 year period shall commence on the year that the following conditions are met: (i) the Project is Substantially Complete, (ii) the completed improvements have been placed on the Tax Rolls, and (iii) the CRA has received Project Increment Revenues from such improvements. The Pledged Project Increment Revenues shall be credited or disbursed within 30 days of the CRA's receipt of such revenues from the Tax Collector, as follows: (i) first credited to the balance owing, if any, under the Advance Funding Agreement, (ii) if no amount is due and owing under the Advance Funding Agreement such revenues shall be disbursed to the Developer. Section 9. No Pledge of Pledged Project Increment Revenues. The CRA warrants and represents that such Pledged Project Increment Revenues are not the subject of any prior pledge by the CRA, and agrees that such revenues shall not be assigned, pledged, hypothecated or secured by the CRA in the future. Section 10. Advance Funding. The CRA has agreed to advance fund the Project in the principal amount of $2,000,000 (Two Million Dollars) in accordance with the terms of the companion Advance Funding Agreement. Section ll. CRA's Maintenance of Records and Annual Account Funding. Commencing with the date of this agreement, the CRA shall maintain and administer separate financial records which reflect terms of this Agreement Such records shall clearly document for the benefit of the CRA and the Developer, the Base Year amount and the annual revenue collected by the CRA attributable to the Project and the annual amounts owing and paid under this Agreement, and shall also reflect all amounts credited toward and payable under the Advance Funding Agreement. Section 12. Termination. The obligations of Developer and CRA shall terminate upon the earlier of (i) expiration of the Project Increment Revenues payments to Developer as provided in Section 7 hereof as a result of the expiration of the agreed upon payment periods; or (ii) failure by the Developer to commence construction of the Project on or before the construction commencement date set forth in Section 5 above, unless extended as provided therein. Section 13. Restrictive Covenants. Upon the earlier of (i) Substantial Completion of the Project, or (ii) recordation of all condominium documents, Developer shall execute and record a restrictive covenant regarding the Public Parking and Other Public Areas (the "Public Parking Restrictive Covenant" and the "Other Public Areas Restrictive Covenants") as hereinafter provided. The Restrictive Covenants are attached hereto as Exhibits C and D respectively. 13.1 Public Parking Restrictive Covenants. The Public Parking Restrictive Covenants shall include the following terms: 3780 4 13.1.1 The garage shall contain 167 "first come-first served" parking spaces open to the general public as shown on the Site Plan. 13.1.2 Signage for such parking shall meet the requirements of the City code, and shall be located prominently on the exterior and interior of the parking garage to identify the Public Parking and shall at all times during the remaining useful life of the structure be maintained as such. 13.1.3 The Public Parking shall be free to the public during the 10 year period that the Project receives the Direct Incentive under this Agreement, and after such 10 year period the Developer shall have the right to charge such fees as will allow the Developer to recover all its direct operating expenses for the spaces, as well as reasonable amounts for a reserve for replacement and/or capital repairs and for depreciation. 13.1.4 The Developer shall have the right to control public access or otherwise secure the garage between the hours of 12:30 am and 6:30 am, and shall have the right to adopt reasonable rules and regulations for the operation and security of the garage. 13.1.5 The Public Parking Restrictive Covenants shall continue as long as the buildings are in existence notwithstanding the foreclosure of the Project by the lender owning a mortgage encumbering the Property. The Public Parking Covenants shall be filed with the Property Owners Association and shall remain in effect for the life of the Property Owners Association. 13.1.6 The Parking Restrictive Covenant shall be superior to all liens and encumbrances including, without limitation, any mortgages, on the Property and shall be recorded in the Public Records of Palm Beach County, Florida. 13.1.7 In the event that, prior to commencing funding by the CRA under this Agreement or under the companion Advance Funding Agreement, the CRA teiminates this Agreement for any reason other than a failure of the Developer to materially comply with the terms of this Restrictive Covenant, then this Restrictive Covenant shall be deemed terminated, which shall be evidenced by recordation of an affidavit of the Developer in the Public Records that such termination has taken place. 13.2 Other Public Areas Restrictive Covenants. The Other Public Areas Restrictive Covenants shall contain the following terms: 13.2.1 The public plaza and public walkways as shown on the Site Plan (the "Other Public Areas") shall be accessible to the general public as provided in this section. 13.2.2 The Developer shall have the right to control public access or otherwise secure the Other Public Areas between the hours of 12:30 am and 6:30 am, and shall have the right · to adopt reasonable rules and regulations for the operation and security of such areas. 13.2.3 The Other Public Areas Restrictive Covenants shall continue as long as the buildings are in existence notwithstanding the foreclosure of the Project by the lender owning a 3781 5 rhortgage encumbering the Property. The Other Public Areas Covenants shall be filed with the Property Owners Association and shall remain in effect for the life of the Property Owners Association. 13.2.4 The Other Public Areas Restrictive Covenant shall be superior to all liens and encumbrances including, without limitation, any mortgages, on the Property and shall be recorded in the Public Records of Palm Beach County, Florida. 13.2.5 In the event that, prior to commencing funding by the CRA under this Agreement or under the companion Advance Funding Agreement, the CRA terminates this Agreement for any reason other than a failure of the Developer to materially comply with the terms of this Restrictive Covenant, then this Restrictive Covenant shall be deemed terminated, which shall be evidenced by recordation of an affidavit of the Developer in the Public Records that such termination has taken place. Section 14. Events of Default. In the event of any default under this Agreement between the CRA and Developer or under the Restrictive Covenants, the defaulting party, upon written notice from the other, shall proceed immediately to cure the default and shall cure the default within 60 days after receipt of the Default Notice. If at the end of such 60 day period the defaulting party is proceeding diligently to cure the default, the cure period shall be automatically extended for an additional 60 days. If the defaulting party fails to cure such default within the Cure Period the parties shall have all available legal remedies. 14.1 Unavoidable Delay. In the event of delay in performance of either party hereto under this agreement due to unforeseeable causes beyond its control and without its fault or negligence, including, but not limited to, acts of God, acts of government (including, but not limited to, delays in issuing permits or other approvals required for construction), acts of the other party, fires, floods, strikes, freight embargoes, unusually severe weather, or delays of subcontractors due to such causes, the time for performance of such obligations shall be extended for the period of the enforced delay, provided the party seeking the benefit of the provisions of this paragraph shall, within 30 days after the beginning of any such enforced delay, have notified the other party in writing of the causes and requested such extension. 14.2 Enforcement of Performance, Damages, and Termination. If an event of Default occurs, the non-defaulting party may elect to do any or all of the following: (i) enforce performance or observance by the defaulting party of the .applicable provisions of this Agreement or (ii) terminate this Agreement and the non-defaulting party's obligations under this Agreement; provided, however, that once the Project is Substantially Completed the Project Increment Revenues can only be discontinued upon a failure of the Developer to substantially comply with the terms of the Restrictive Covenant. 14.3 Strict Performance. No failure by either party to insist upon strict performance of any covenant, agreement, term or condition of this Agreement or to exercise any right or remedy available to such party by reason of the other party's Default and no payment or acceptance of full or partial payments of amount due under this Agreement during the continuance (or with CRA's knowledge of the occurrence) of any Default or Event of Default, shall constitute a waiver of any 3782 6 ~iach Default or Event of Default or of such covenant, agreement, term, or condition or of any other covenant, agreement, term, or condition. No waiver of any Default shall affect or alter this Agreement, but each and every covenant, agreement, term, and condition of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent Default. Payment by either party of any amounts due under this Agreement shall be without prejudice to and shall not constitute a waiver of any rights against the other party provided for under this Agreement or at law or in equity. One party's compliance with any request or demand made by the other party shall not be deemed a waiver of such other party's right to contest the validity of such request or demand. All the terms, provisions, and conditions of this Agreement and the Restrictive Covenants shall inure to the benefit of and be enforceable by the Parties hereto, and their respective successors and assigns. The Agreement shall not be construed more strictly against one party than against the other, merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that both parties have contributed substantially and materially to the preparation of the Agreement and the Restrictive Covenants. 14.4 Remedies Under Bankruptcy and Insolvency Codes. If an order for relief is entered or if any stay of proceeding or other act becomes effective against Developer or in any proceexling which is commenced by or against Developer under the present or any furore federal bankruptcy code or in a proceeding which is commenced by or against Developer, seeking a reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any other present or future applicable federal, state or other bankruptcy or insolvency statute or law, CRA shall be entitled to invoke any and all rights and remedies available to it under such bankruptcy or insolvency code, statute or law or this Agreement. Section 15. No Brokers. CRA and Developer each represent to the to the other that it has not dealt with any broker, finder, or like entity in connection with this Agreement or the transactions contemplated hereby, and each party shall indemnify the other against any claim for brokerage commissions, fees, or other compensation by any person alleging to have acted for or dealt with the indemnifying party in connection with this Agreement or the transactions contemplated hereby. Section 16. Notices and Other Communication.q. Whenever it is provided herein that notice, demand, request, consent, approval or other communication shall or may be given to, or served upon, either of the parties by the other (or any Recognized Mortgagee), or whenever either of the parties desires to give or serve upon the other any notice, demand, request, consent, approval or other communication with respect hereto or to the Project Site, each such notice, demand request, consent, approval or other communication (referred to in this Section 16 as a "Notice") shall be in writing (whether or no so indicated elsewhere in this Agreemen0 and shall be effective for any purpose only if given or served by (i) certified or registered United States Mall, postage prepaid, remm receipt requested, (ii) personal delivery with a signed receipt or (iii) a recognized national courier service, addressed as follows: If to Developer: Boynton Ventures I, LLC 303 Banyan Blvd. Suite 403 West Palm Beach, FL 33401 3783 7 With copies to: Gregory E. Young, Esq. Edwards & Angell, 1J JP One North Clematis Street Suite 400 West Palm Beach, FL 33401 and Patrick N. Brown, Esq. 821 Flamingo Drive West Palm Beach, Fl 33401 If to CRA Boynton Beach Community Redevelopment Agency 693 East Ocean Avenue, Suite 107 Boynton Beach, Florida 33435 With a copy to: Lindsey A. Payne, Esq. Goren Cherof Doody & Erzol, PA 3099 E. Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 16.1 Any Notice may be given in a manner provided in this Agreement on either party's behalf by its attorneys designated by such party by Notice hereunder. 16.2 Every Notice shall be effective on the date actually received, as indicated on the receipt therefor or on the date delivery thereof is refused by the recipient thereof. Section 17. Amendments and Waivers. The Agreement may not be amended, modified, altered, or changed in any resPect whatsoever, except by a further agreement in writing duly executed by the parties hereto. Section 18. Assignment. Prior to Substantial Completion of the Project Developer shall not transfer or assign its interest in this Agreement to any other person or entity without the prior written consent of the CRA; provided, however that prior to Substantial Completion this Agreement may be transferred without consent to any successor entity in which Boynton Ventures I, LI_C owns or controls 5% of such entity. After Substantial Completion this Agreement may be transferred by the Developer without restriction. Section19.- Successors and Assigns. The agreements, terms, covenants, and conditions herein shall be binding upon and inure to the benefit of the CRA and the Developer, and, except as otherwise provided herein, their respective successors and permitted assigns. Section 20. Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf 3784 8 Cf the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. Section 21. InsUrance. All parties hereto understand and agree that the CRA does not intend to pUrchase property insUrance in connection with this Project. Section 22. Exhibits. Each Exhibit referred to in this Agreement forms an essential part of this Agreement. Any exhibits not physically attached shall be treated as part of this Agreement and are incorporated herein by reference. Section 23. Headings. Headings herein are for convenience of reference only and shall not be considered on any interpretation of this Agreement. Section 24. Severability. If any provision of this Agreement or application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. Section25. Governing Law and Venue. This Agreement and the Restrictive Covenants shall be governed by the laws of the State of Florida with venue lying in Palm Beach County, Florida. Section 26. Authority to Execute. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the CRA or the Developer (or in any representative capacity), as applicable has full right and lawful authority tO execute this Agreement. Section 27. Priority of Interpretation. In the event of any conflict between the terms and conditions of this Agreement, the Advance Funding Agreement and the Direct Incentive Program, the following shall be the order of priority for interpretation: (a) This Agreement (b) The Advance Funding Agreement (c) The Direct Incentive Program dated January 22, 2003 Section 28. Recording. This Agreement may be recorded in the Public Records of Palm Beach County, Florida. 3785 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. BOYNTON VENTURES I LLC By: Name (wimess) (witness) BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Chairman (witness) (witness) STATE OF : ~ SS~ COUNTY OF : BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, Personally appeared as of BOYNTON VENTURES I, LLC and acknowledged under oath that he/she has executed the foregoing Agreement as the proper official of BOYNTON VF2qTUR_ES I, IJ.C, for the use and purposes mentioned herein and that the instrument is the act and deed of BOYNTON VENTURES I, LLC. He/she is personally known to me or has produced as identification. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this day of 2003. My Commission Expires: Notary Public, State of Florida at Large 3786 10 STATE OF · · SS: COUNTY OF · BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared as Chairman of and acknowledged under oath that he/she has executed the foregoing Agreement as the proper official of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY for the use and purposes mentioned herein and that the instrument is the act and deed of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY· He/she is personally known to me or has produced as identification. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this day of 2003. My Commission Expires: Notary Public, State of Florida at Large Fiual October 9, 2003 3787 11 Exhibit A- Property Description 3788 First American Title Insurance Company Schedule A (Continued) Agent File No.: Boynton Ventures zt LLC PARCEL NO. 1: Lots 1, 2 and the East 35 feet of Lot 3, less the North 8 feet of said lots, Block 7, TOWN OF BOYNTON, according to the plat thereof, recorded in Plat Book 1, Page 23, Public Records of Palm Beach County, Florida. PARCEL NO. 2: The West 15 feet of Lot 3 and all of Lots 4 and 5, less the North 8 feet of said lots, Block 7, TOWN OF BOYNTON, according to the plat thereof, recorded in Plat Book 1, Page 23, Public Records of Palm Beach County, Rorida. PARCEL NO. 3: Lots 8, 9, 10, less the North 90 feet of said lots, and the West 1/2 of Lot 11, Block 7, TOWN OF BOYNTON, according to the plat thereof, recorded in Plat Book 1, Page 23, Public Records of Palm Beach County, Florida. PARCEL NO. 4: The East 1/2 of Lot 11 and all Lots 12, 13 and 14, less the East 10 feet of the North 60 feet of said Lot 14, and also less that part of Lot 14, less the North 60 feet thereof, which is included in the external area formed by a 12 foot radius arc tangent to the South line of said Lot 14 and tangent to a line 10 feet West of and parallel to the East line of said Lot 14, Block 7, TOWN OF BOYNTON, according to the plat thereof, recorded in Plat Book 1, Page 23, Public Records of Palm Beach County, Florida. PARCEL NO. 5: The North 80 feet of Lots i through 7, inclusive, and the South 80 feet of Lots 8 through 14, inclusive, Block 12, TOWN OF BOYNTON, according to the plat thereof, recorded in Plat Book 1, Page 23, Public Records of Palm Beach County, Florida, less the East 10 feet of the North 80 feet of said Lot 1, and less that part of the North 80 feet of said Lot i which is included in the external area formed by a 12 foot radius arc tangent to the North line of said Lot 1 and tangent to a line 10 feet West of and parallel to the East line of said Lot 1, and less the West 5 feet of the North 80 feet of said LOt 7, and less the West 5 feet of the South 80 feet of said Lot 8, and less the East 10 feet of the South 80 feet of said Lot 14, and less that part of said Lot 14 described as follows: from a point on the South line of Lot 14 located 10 feet Westedy of the Southeast corner of said Lot 14, run Westerly along the South line of said Lot 14 for 25.51 feet; thence run in a Northeasterly direction along the arc of a curve concave to the Northwest and having a radius of 25 feet for a distance of 39.78 feet to a point on a line parallel to and 50 feet Westerly of, measured at dght angles to, the Base Line of Survey of State Road 5, Section 9301-205; thence run South 0°59'45" East along said parallel line for 25.51 feet to Point of Beginning. AND Lots 1, 2 and 3, Plat of A PORT[ON OF BLOCK 12, TOWN OF BOYNTON, according to the plat thereof, Page 4 3789 I=il~ Nn · qnlR-?.~RS0 First American Title Insurance Company recorded in Plat Book 15, Page 18, Public Records of Palm Beach County, Flodda, less the East :[0 feet of said Lots :[ and 2, and less the West 5 feet of said Lot 3. 3790 Page 5 Fil~ Nh.: 9018-255850 THE ARCHES AT BOY/qTO1N BEACH APPLICATION TO ABANDON/VACATE EXI~H~, IT A- LEQAL DESCRIPTION/MAP 3791 Mutual Consent to Alley Abandonment Petitioner/Contract Purchaser, Boynton Ventures I LLC filed an Application for Abandonment (ABAN 03-002) for a project known as "The Arches". The request for alley abandonment is contained in the survey and legal description set forth in Exhibit "A" attached hereto. The request for Abandonment was approved by the City of Boynton Beach under Ordinance No. 03-024 (2nd reading June 17, 2003). The adjoining property owners, Boynton Shipwreck Inc, BobKatz Properties lnc, and proposed contract purchaser, by execution hereof, consent to the abandonment, as approved by the City of Boynton Beach. In addition, the Petitioner, Boynton Ventures I LLC, hereby consents to a proposed further abandonment of the alley (SE lstPlace), westward to SE 4th Avenue which is anticipated to be part of a development application to the City of Boynton Beach at a future date. This Mutual Consent is binding on the heirs, personal representatives, assigns and business partners of the parties hereto. The parties signing below, all of which constitute the record title owners of the real property contiguous to SE 1st Place between Federal Hwy (US 1) and SE 4th Avenue in Boynton Beach, FL or are empowered to and duly authorized to sign this Mutual Consent for and on behalf of such property owners. For Boynt~Ve~es I LLC: F~ J. Kevin Lawler, Member Manager 3792 Pr~.nared 7/10/2003 LAND DESCRIPTION PORTION OF 20 FOOT WIDE ALLEY TO BE VACATED A portion of that certain. 20.00 foot wide alley lying adjacent to Lots I through 4 and Lots 11 through 14, together with the north half of said alley lying south of and adjacent to Lot 5, all in Block 7, ORIGINAL TOWN OF BOYNTON, according to the plat thereof as recorded in Plat Book 1, Page 23 of the Public Records of Palm. Beach County, Florida, more particularly described as follows: COMMENCING at the intersection of the centerline of Ocean Avenue (50.00 foot platted right-of- way) with the centerline of Federal Highway, also known as U.S. Highway No. 1 and State Road No. 5 (100 foot right-of-way); THENCE North 88'59'27" West along the centeriine of said Ocean Avenue, 50.01 feet; , THENCE South 00'02'09" West along the west right-of-way line of said Federal Highway, 151.52 feet to the POINT OF BEGINNING; THENCE South 00'02'09" West, conlinuing along said west right-of-way line, 20.00 feet; THENCE North 88'59'27" West, 190.03 feet; THENCE North 00'02'09" East, 10.00. feet; THENCE North 88'59'27" West, 50.01 feet; THENCE North 00'02'09" East, 10.00 feet; THENCE South 88'59'27" East, 240.03 feet to the POINT OF BEGINNING. Said lands lying in the City of Boynton Beach, Palm Beach County, Florida, containing 4301 square feet (0.099 acres), more or less. LAND DESCRIPTION PREPARED BY: SHAH, DROTOS & ASSOCIATES 1835 S. Perimeter Road, Suite 190 Fort Lauderdale, Florida 33309 Prepared by: MDR Checked by: MDR Project No.: 02-0598A File Name: X:~cad~survey~0598A~s~0598VACA.igl February 21, 2003 SHEET 1 OF 2 SHEETS 3793 P~:,E B2/92 82/11/2003 11:30 9547767669 · ~ ORIGIN · '~ O.~G}.NAt. '[.OW~ : PLAT BO0~' !. .... B Oc - ~ · : . ~ ~.~ , Exhibit B - Approved Site Plan The Arches 3795 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME · The Arches APPLICANT'S AGENT: Nancy Graham - Urban Principles, LLC APPLICANT'S ADDRESS: 319 Clematis Street Suite 512 West Palm Beach, FL 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 20, 2003 TYPE OF RELIEF SOUGHT: Request new site plan approval for the construction of a large scale mixed-use development LOCATION OF PROPERTY: Southwest corner of Ocean Avenue and Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Flodda ~Ppearing 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: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant ~ HAS ~ HAS NOT established by substantial competent evidence a basis for the relief requested. 3. 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". 4. 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. 6. All further development on the property shall be made in accordance with the [erms and conditions of this order. ~ 7. Other ~ DA T E D: ____~.~.~._~._~ S:g°tanr~ng~HARED~wf~PROJI::CTS~ARCNEs ~ BB'~ABAt, AOO.dOC ~ ,: Location Map EXHIBIT"A" The Arches at Boynton Beach 3797 ., EXHIBIT 'B" · I I ............ = ............. . ~.~":~, ..~ :r =, ................ ~ ~ '~ ...:~--,~ .~ ., ~ ~ 1~~ '~t ~',~"""~ I I I I+~1":'~1. ~,' ~ ~,. :. I [ * f ' ! ~ ' '":' ~l ' ' -Ii -" ' ' ' -'~' i 'i ~.4 , .. .' ' I o . EXHIBIT 'B' ,~ v£Nug t EXHIBIT 'B' : - EXHIBIT 'B' _~.c~. ARCHES AT 80YNTON 8~CH ~ o,!~A~ ~ S~ I~-- jl.... ~ i' ......"'- ~ DROTOS ~ ~ EXHIBIT 'B" EXHIBIT 'B' EXHIBIT 'B' EXHIBIT 'B' EXHIBIT 'B' EXHIBIT 'B' EXHIBIT 'B" " 3810 3818 · EXHIBIT 'B' 3822 ~® ®~-- ............ i~ '~i~ ~ ~ ~ ...... ~ ....... 0 ~ L . ': ~ ~"~ ~, ~ . ~ L~ L.~ J= ~,. := i=. ~~ EXHIBIT 'B' 3831 EXHIBIT "C" Conditions of Approval Project name: The Arches File number: NWSP 03-002 ,-)nd · Reference: ~ review plans identified as a New Site Plan w/th an April 22. 2003 Plannine & Zonina Div/sioa date mark/n~. DEPARTMENTS iNCLUDE R.EJECT PUBLIC WORKS- General Comments: 1. Prior to permit application contact the Public Works Department (561-742- X 6200) regarding the storage and handling of refuse. The dumpster will be supplied by Public Works. PUBLIC WORKS- Traffic Comments: 2. Provide "2 Hr Park/ng - 8:30 A.M. to 5:30 P.M." si=mas along Ocean Avenue, X SE 1st Avenue, SE 2nd Avenue, and SE 4th Street, at approximate 100 feel spacing. 3. Add "No Park/ng" signs along Federal Highway. X UTILITIES Comments: 4. All utility easements shall be shown on the site plan, landscape plan, and X water and sewer plans. In general, palm trees will be the only tree species allowed w/thin utility easements. Canopy trees may be planted outside the easement to ensure that the roots and branches will not impact those utilities within the easement in the foreseeable future. According to Chapter 7.5, Article I, Section 18.1, the public utilities has the authority to remove any trees that interfere with udlity services, either in utility easements or public rights-of-way. 5. Fire flow calculations will be required demonstrating the City Code X 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 ~eater (see CODE, Section 26-16Co)). 3832 6. The CODE, Sect/on 26-34(E) requires that a capacity reservation fee be paid X for this project either upon the request for the Department's signature on the Health Department application forms or within 30 days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. Conditions of Approval 2 DEPAi~TMENTS I INCLUDE KEYECT -7. Thc LDK, Chapter 3, Article IV, Section 3.P requires a statement be included X that (all other) utilities are available and will be provided by the appropriate agencies. This statement is lacking on the submitted l~lans. FIRE Comments: 8. Design documents shall demonstrate compliance with LDR Chapter 6, X Section 16, which prov/des requirements for hydrants. In addition to domestic requirements at a residual pressure of not less than 20 psi, a £~re flow of at least 1500 gpm is required. 9. Design documents where underground water mains and hydrants are to be X provided, must demonstrate that they will be installed, completed, and in service prior to construction work per the Florida Fire Prevenn'on Code, (2000) Section 29-2.3.2. 10. High-rise buildings shall be protected throughout by a Class I standpipe X system in accordance with Section 9.7. Florida Fire Prevention Code, (2000) Section 11.8.2.2. 11. Class 1, Type 60, .standby power in accordance with NFPA 70, National X Electrical Code, and NFPA 110, Standard for Emergency and Standby Power Systems, shall be provided. Florida Fire Prevention Code, (2000) Section 11.8.4..2. POLICE X Comments: None ENGINEERING DMSION Cotra~ents: 12. It may be necessary to replace or relocate large canopy trees adjacent to light X fixtures to eliminate future shadowing on the parking surface (LDR, Chapter 23, Article II, Section A. 1.b). 13. A new SFWMD permit or a modification to the existing permit w/Il be X required for the proposed tie-in to the storm sewer system in SE 1st Ave _ 14. Stormwater connection fees (Fee-In-Lieu-of Capital Improvements) w/Il be X calculated and assessed after the SFWMD permit and stormwater connection issues are reconciled. 3833 15. Provide an engineer's certification on the Drainage Plan as specified in LDR, X Chapter 4, Section 7.F.2. . t - DEPARTMENTS IlqCLUDE i~EJECT i6. Full drainage plans in accordance with the LDR, Chapter 6, Article IV, X Section 5 will be required at the time of permitting. Additional comments and corrections to this plan may be generated at that time. BUILDING DIVISION Comments: 17. Identify within the site data the finish floor elevation (lowest floor elevation) X that is proposed for each building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the site data that address the following issues [Section 3107.1.2, Chapter 31 of the 2001 Florida Building Code]: a) The design professional-of-record for the project shall add the following text to the site data. "The proposed finish floor elevation NGV'D is above the highest 100-year base flood elevation applicable to the building site, as determined by the South Florida Water Management District's surface water management construction development regulations." b) 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. c) Identify the floor elevation that the design professional has established for the building within the footprint of the building that is shown on the drawings titled site plan, floor plan and paving/ drainage (civil plans). 18. On 'the drawing titled site plan, identify and label the symbol that represents X the property line. 19. At time of permit review, provide a completed and executed City of Boynton X 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. 20. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 21. Add to each building that is depicted on the site plan drawing a labeled X symbol that identifies the location of the proposed handicap accessible units. Add to the drawing the calculations that were used to identify the minimum number of required units. Also, state the code section that is applicable to the computations. Show and label the same units on the applicable floor plan drawings. Compliance with regulations specified in the Fair Housing Act is 3834 required (Federal Fair Housing Act Design and Construction Requirements, 24 CFR. 100.205). Conditiorm of Approval 4 DEPARTMENTS LNCLUDE R.E3-ECT 22. Add to all plan view drawings of the site a labeled symbol that represents the X location and perimeter of the limits of construction proposed with the subject request. 23. At the time of permit review, submit details of reinforcement of walls for the X future installation of grab bars as required by the Federal Fair Housing Act 24 CFR 100.205, Section 3, Requirement #6. All bathrooms within the covered dwelling unit shall compl7 24. All bathrooms in the covered dwelling unit shall comply with the provisions X of the Federal Fair Housing Act 24 CFR 100.205 (C)(3)(IV), Requirement #7 (2), paragraph (A) or 03). Clear floor space shall be provided at fixtures to allow a person in a wheelchair or other mobility aid the use of the fixtures. Clear floor space shall be shown on the plans and designate which design option of requirement #7 (A or B) is being used. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST ... Cmmnents: None X PLANNING AND ZONING 25. Approval of this project is contingent upon the approval of the corresponding X request to rezone from CBD to MU-H (LUAR 03-003). 26. Approval of this project is contingent upon the approval of the corresponding X request to abandon the Southeast 1't Street alley (A_BAN 03-002). I2' the abandonment is unsuccessful, modif7 site plan accordingly· 27. All proposed uses must be consistent with the MU-H zoning district identified X in Table 6F-1 in Chapter 2, Section 5.F.4 of the Land Development Regulations. 28. The proposed building areas must match between the traffic study and the site X plan. Prior to the issuance of the first building perm/t, the Palm Beach Count,/Traffic Division must approve the traffic study. 29. A unit-/of title w/Il be required prior to the issuance of a building perrmt. X 30. The drainage statement is required prior to the issuance of a building permit X (Chapter 4, Section 7.F.2.). 3835 31. Ti~e average ar~a (Jf all residential umts must not be below i000 square feet X (Chapter 2, Section 6.1:.5). On the site plan (sheet 3 of 6), indicate the average 'size of all the units to ensure compliance w/th the Land Development DEPARTMENTS 12'4CLUDE [ KEJECT Regulations. 32. On the site plan (sheet 3 of 6 prepared by Shah Drotos), correct the note for X Building "E" to ind/cate that the parking garage will'be nine (9) stories tall (ground floor through 8~ floor will be for parking, the 9m floor will be for the recreation area). 33. The site plan (sheet 3 of 6 prepared by Shah Drotos) indicates that all of X Building "D" will be eight (8)-stories tall. However, the elevations and floor plans show the eastern portion of Building "D" will be only four (4)-stories tall. Revise the site plan (sheet 3 of 6) so that it accurately corresponds to the floor plans and elevations. 34. On the site plan (sheet 3 of 6 prepared by Shah Drotos), correct the required X number of parking spaces fi.om 749 slbaces to 750 spaces. Also, correct the number of prov/ded parking spaces: (718 spaces in garage plus 35 surface parkin~ spaces equals 753 Parking spaces). 35. On the site plan (sheet 3 of 6 prepared by Shah Drotos), eliminate the X handicap parking spaces shown within the valet area on the north side of Southeast 1't Avenue. No parking may occur in this valet area. 36. Correct the number of provided parking spaces in the "garage summary" on X the First Floor Plan (prepared by Looney Ricks K/ss). Ensure that the parking summary on the plans prepared by Looney Ricks K/ss is consistent w/th the site plan (sheet 3 of 6 prepared by Shah Drotos). 37. Show the 88'~ parking space on the "Eighth Floor Plan" of the parking garage X (prepared b7 Loone7 Ricks K/ss). 38. On the west elevation of the parking garage (prepared by Looney Ricks Kiss), X indicate by note that the 9m floor will be the "Pool Deck / Garage Roof". 39. On the site plan (sheet 3 of 6 prepared by Shah Drotos) tabular data, revise X the note that currently reads, "OFFSITE PARKING PROVIDED (NOT COUNTED IN REQIJI2~D SPACES) to read the following: OFF-SITE PAR. KING .(NOT INCLUDED IN PROVIDED SPACES) 40. Place a note on the site plan (sheet 3 of 6 prepared by Shah Drotos), that X based on the parking methodology used, the total number of seats for all restaurants shall not exceed 50 seats. Any additional seats will affect the required number of parking spaces and may cause the project to fall below the development standard. 41. As presented, the project will be limited to 20,652 square feet of gross X leasable (net) retail area and 15,4~.~. square feet of gross leasable (net) office area (Chapter 2, Section 1 l.H.d.(2)). Any increase in leasable area will affect the required number of parking spaces and may cause the project to fall below the development standard. ~o.~ 42. The number of dwelling units / unit type mix should match between the floor X Conditions o£Approval DEPARTMENTS INCLUDE KEJECT plans (prepared by Looney Ricks Kiss) and the site plan tabular data (sheet 3 of 6 prepared by Shah Drotos). 43. The removal / relocation of trees is subject to review and approval by the City X Forester / Environmentalist. 44. On the landscape plan, ensure that the landscape species and quantities match X between the landscape plan and graphic illustration. 45. Revise the Shared Parking Table on the "Site / Project Data" sheet prepared X by Looney Ricks Kiss. Based upon the proposed uses and their respective intensities, the Shared Parking Table should read as follows: Week. da? Weekend Daytime Evening Daytime Evening Nighttime Office 78 8 8 4 4 Retail 78 78 104 73 6 Lodging ' ' Restaurant 63 126 126 126 13 Entertainment - - Residential 308 512 512 512 512 Total 527 724 750 715 535 The number of required parking spaces shown in the above Shared Parking Table may be subject to change due to unforeseen revisions made to the plans during the permitting process. Also, the Table is subject to change without Board or City Commission action if the project demands less required parking due to decreased intensities (i.e. reduced office area, reduced number of dwelling units). However, if the intensities further increase and cause the project to become deficient in parking, any request to pay a "fee in lieu" of (providing additional parking spaces) shall be subject to the Community Redevelopment Agency and City Commission review and al~proval. 46. The elevations must indicate the proposed paint manufacturer's name and X color code prior to the issuance of a building permit. Staff recommends consistency between the colored drawing and the elevations. 47. All project signage is subject to review and approval of the Community X Redevelopment Agency and City Commission. Staff recommends submitting a sign program. 48. Staff recommends that the applicant should coordinate with Palm Tran for an X upgraded bus-stop facility. Please contact Mr. Gerry Gawaldo, a planner with the Palm Tran Department's Development Review Committee at (561) 841- 4246. 3837 . DEPARTMENTS 12NCLUDE REJECT ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD' CONDITIONS Comments: 49. The applicant and staff will work together to ensure that the proposed X awnings and landscaping do not conflict with each. 50. Ensure that any awnings proposed in rights-of-way are properly X permitted and approved by appropriate agencies. 51. The planter boxes (west of proposed garage) shall contain Bougainvillea and X shall be irrigated. 52. The method of refuse collection (handling and storage) shall be re-evaluated X to confirm sufficiency and effectiveness. 53. Prior to the issuance of a building permit, the elevations shall indicate the X proposed colors and return to the CRA for a courtesy review. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 54. To be determined. S:~Ianning\SHARED\W'P\PROJECTSXARCHE$ (~} BB\NWS~ 03-002\COA.doc 3838 EXHIBIT "D" ~ RECEPTAC~ ANO t~NG OlWEN$1ON~ 0RILLING HOLES ER MOUNTS TYPE ~-.~l ~/2'~vc o qNCHOR PLATE: J _ __ *B.C: 12 1/Z' DIA. i ALUMINUM 2¢ 3/8" I NOTE: THIS ANCHOR PLATE ACCEPTS 28"X60" A BOLT CIRCLE FROM 11 BANNER ~ SINGLE BANNER ARM ~ 13" DIA. (~Y om~,s) - ~u,,c ¢,s~. POLE BASE - c~s~ ~u.,~,u~ ~ PLAN VIEW - COLOR: COLTX SCALE: NONE SINGLE BREAK AWAY BANNER ARM -LUMEC ~BABS28 (561) 641-5501 - CAST ALUMINUM BALL - COLOR: COLTX ~' OlA. ~U~O PO~ .125 WALL ~ICKNESS 6061-T6 S~UC~RAL. GRADE ALUMINUM. (PO~ ~LDED FOR SINGLE UNIT DOORS ~ STAIN~SS S~ 4 ANCHOR COLTS ~ ~N HEAD SCR~. ~/~' X HOOK (gALVANI~D) F1NISHED STA~ION AND OFFSET PT. GRADE SEE SHEETS C14 Y- C15 5/8 CURB T-0" DRIVEN COPPERWELD VERllCAL GROUND ROD. 3/4' X 10'-0' BASE TYPICAL COPPER CLAD FOR /.EL GROUNO ROD TO POLE TYPE "SA" LIGHT POLE )ETAILscALE...o.E (~ TYPE "SB~ 3839 36' LPll OUTL PRO~ SOux EXHIl~IT "C" DECLARATION OF RESTRICTIVE COVENANTS FOR PUBLIC PARKING DECLARATION OF RESTRICTIVE COVENANTS made this ~ day of ,2003, by BOYNTON VENTURES 1, LLC, a Florida corporation (hereinafter referred to as "Boynton Ventures") having an address at 303 Banyan Blvd. Suite 403, West Palm Beach, F1 33401, for the benefit of the Boynton Beach Community Redevelopment Agency (hereinafter the "CRA") on behalf of and for the benefit of the general public. WITNESSETH: WHEREAS, by agreement dated October , 2003, the undersigned entered into a Direct Incentive Funding Agreement (the "Agreement") with the Boynton Beach Community Redevelopment Agency concerning the development of a mixed use project (the "Project") to include a parking garage to be located on the property described in Exhibit "A" attached hereto and made a part hereof (the "Property"); and WHEREAS, under the terms of the Agreement, in consideration of the CRA agreeing to assign to Boynton Ventures certain tax increment revenues attributable to the development of the Property, Boynton Venture agreed that from opening of the garage Project and for the 'haseful life" (as defined below) of the parking garage, the Project will include 167 parking spaces (the "Public Parking Spaces") to be open to the general public for parking on a "first come-first served" basis, which Public Parking Spaces shall include all parking for the disabled required for the ProjeCt under applicable laws and such Spaces shall be the first 167 space upon entry into the garage; and WI-IEREAS, Boynton Ventures is the fee simple owner of the Property, and wishes to enter into the Declaration of Restrictive Covenants to provide assurance to the CRA that the Public Parking Spaces will be made available to the general public during the above period and remain readily accessible. NOW THEREFORE, in consideration of the CRA's agreement to assign certain of the tax increment revenues from the Project to Boynton Ventures, Boynton Ventures hereby declares that the 167 Public Parking Spaces located in the parking garage as shown on Exhibit B attached hereto, shall be subject to the restrictions and conditions hereinafter set forth. 1. · The parking garage shall contain 167 "first come-first served" parking spaces open to the general public as shown on the Site Plan attached as Exhibit B. 2. Signage for such parking shall meet the requirements of the City code, and shall be located prominently on the exterior and interior of the parking garage to - identify the Public Parking and sbal! at all times from completion of the Project and for the useful life of the structure be maintained as such. "Useful life" shall be determined by reference to comparable structures as provided in the U.S. Internal Revenue Code and Regulations thereunder in effect at the time the structure is placed in service 3. The Public Parking Spaces shall be free to the public during the 10 year period commencing with the date that the parking garage is open for use. After such 10 year period Boynton Ventures shall have the right to charge such fees as will allow Boynton Ventures to recover all its direct operating expenses for the spaces, as well as reasonable mounts for a reserve for replacement and/or capital repairs and for depreciation. 4. Boynton Ventures shall have the right to control public access or otherwise secure the garage between the hours of 12:30 am and 6:30 am, and shall have the right to adopt reasonable roles and regulations for the operation and security of the garage. Such role and regulations may include, without linn'tation, (i) no over night parking permitted; (ii) no commercial vehicles and no vehicles over a specified weight or height (iii) reasonable limitation on the period of time a vehicle may be parked in the Public Parking Spaces; (iv) all such vehicles must be duly registered; (iv) the driver parking the vehicle must be at the time a duly licensed driver; and (iv) the act of parking such vehicle in the Public Parking Spaces shall not be otherwise in violation of any governmental law, role or regulation. 5. This Declaration shall commence upon completion of the Project and continue for the "useful life" of the structure. 6. The access to the Public Parking Spaces shall at all times during the term of this Declaration be maintained and located as shown on Exhibit B hereto. 7. The covenants and restrictions of this Declaration shall nm with the Property, and bind the Property and shall inure to the benefit of, and be enforceable by the CRA for the term hereof. 8. Failure to comply with such restrictions and covenants shall be grounds for action by the CRA, which may include, without limitation, an action to recover sums due for damages, injunctive relief or any combination thereof. 9. In the event that, prior to commencing funding by the CRA under the Agreement (or under the companion Advance Funding Agreement), the CRA terminates the Agreement for any reason other than a failure of Boynton Ventures to materially comply with the terms of this Declaration, then this Declaration shall be deemed terminated, which shall be evidenced by recordation of an affidavit of Boynton Ventures in the Public Records of Palm Beach County that such termination has taken place. 10. Invalidation of any one of these covenants or restrictions or any part, clause or word hereof, or the application thereof, in specific circum~qtances, whether by judgment or court order shall not affect any other provisions or application in other circmstances, all of which shall remain in full force and effect. IN WITNESS WHEREOF, Boynton Ventures has caused this Declaration to be executed in its name and its seal to be hereunto affixed, by it proper officers thereunto duly authorized the day and year first above written. BOYNTON VENTURES I LLC By: Sa/ne (witness) (witness) STATE OF : : SS: COUNTY OF : BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared as of BOYNTON VENTURES I, LLC and acknowledged under oath that he/she has executed the foregoing Agreement as the proper official of BOYNTON VENTURES I, LLC, for the use and purposes mentioned herein and that the instrument is the act and deed of BOYNTON VENTURES I, LLC. He/she is personally known to me or has produced as identification. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this ~ day of 2003. My Commission Expires: Notary Public, State of Florida at Large 3 Covenants To be delivered to the CRA Board Friday Morning. 3840 MEMO To: CRA Board From: Douglas Hutchinson Subject: Direct Incentive Request from the Arches of Boynton Beach Project Date: May 5, 2003 The CRA has received its first request for Direct Incentives under the approved Direct Incentive Program from the Arches of Boynton Beach project. This project is. being developed by Boynton Ventures, LLC, Kevin Lawler, project contact. The project is located on two blocks on Federal Highway in the CBD. The northern most extent of the project is Ocean Ave. and Federal Highway. The project occupies approximately 75% of this block. The project extends one block to the south on Federal Highway and occupies 100% of this block. The land area is approximately 3.51 acres. The project is proposed to be comprised of 276 fee simple residential units, 40,500 sq.ff, of retail space, 12,100 sq.ff, of office and 669 parking spaces. The project has been submitted for site plan approval consideration at the May CRA Board meeting, Current assessed value of the property is $2,634,375 with a projected appraised value of $104,700,000 upon completion. Taxable value is projected at $74,000,000 after adjustments and exemptions. The project is projected to generate $820,000 in annual property tax increment to the CRA or $9,400,000 when adjusted over the incentiVe period of 10 years. At the maximum incentive scoring, the project could qualify for $4,700,000 over a ten year. period. The project has requested i:0-ogram ~centives which ilhclude a $2,000,000 Up front draw for infrastructure and public area development. The project application is attached for your review. Staff has reviewed the application for incentive consideration and has the following analysis. Program Guidelines ComplianCe: The project meets all Program Guidelines. However, as a condition~( of approval, the applicant will be required to provide tax office certificates verifying current tax payment status and current assessed value on all properties within the project. Application Completeness: The appli,cant has supplied the required project description as defined in item #1 which includes; location, size, uses, square footages, amenities/~and features. 3841 The applicant is scheduled for site plan review by the CRA Board on the May Board meeting. This package will include all plans required by item #2 of the application. The applicant has supplied project status and project time line in the application, items #3 & #.4. Item #5 is a requirement for third party feasibility. The feasibility study included in the application is completed by the applicant and related firms. The study is comprehensive and quotes several independent sources. Further, the applicant's professional experience is in project feasibility analysis for downtown infill projects. The applicant fully complies with third party documents for the project appraisal and economic impacts (items #6 & #7); therefore staff would suggest that the analysis supplied be accepted. Program Scoring Criteria: The project qualifies for the following scoring criteria. · Project Size: For the purpose of application scoring, the new assessed value projection shall equal the projects projected appraised value times 90%, minus current assessed value of the project site. The project scoring formula is: $104,700,000 MAI projected appraised value X .90% = $94,230,000 - $2,634,375 current assessed, value = $91,595,625 total new assessed value. However, because the project is fee simple, the residential units will enjoy a homestead exemption for part of the assessed values, therefore, the adjusted taxable value is $74,032,200. Scoring is 20 points for projects over $25,000,000. · Type of the Project: The project contains major elements sought after by the CRA for the program. The project's commitment to public area, step backs for heights, mix of uses and inclusion of commercial space would make this project eligible for maximum points of 20. · Project Location: The project location is at one of the defining intersections in the Boynton CBD. The relation .to the new downtown on Federal would make the project eligible for maximum points of 20. · Economic Impact: The third party economic impact analysis has used the direct incentive program criteria for inflation escalators and projections. The projected annual throughput of the project as defined by third party analysis is $24,822,788. The annual projected incentive is $410,359. The annual throughput is 60.5 times the annual incentive. The scoring requires a 50 times incentive or greater for annual throughput to receive maximum points. The project would be eligible for maximum of 20 points. · Project Quality: The project's architecture, public spaces, variety of elements and overall relation to the CBD set a benchmark of quality for projects to come. Substantial work has been done by the applicant to meet or exceed city requirements and standards. The applicant's 3842 eagerness to work with staff has facilitated a quality project both from a private and public point of view. This category of point scoring is flexible and therefore staff has no fixed recommendation. Maximum possible points are 40. Conditional Items: As a conditional for approval, the applicant will be required to provide tax office certificates verifying current tax payment status and current assessed value on all properties within the project. The project incentive request contains a special request in the form of an up front lump sum amount for project infrastructure and public spaces development. W. hile this request would not follow a straight forward incentive distribution, the program does have latitude to address the project's request as established in the program under: "Establishing Incentive Percentage:" "...However, the percentage may be adjusted by the CRA Board after consideration of whether the incentive is requested prior to project completion and in light of other incentives given to an applicant by other sources such as infrastructure improvements provided by the City of Boynton Beach.". Further, under ''Establishing Annual Incentive Disbursements for the Incentive Period:" "Unless incentive funds are to be paid prior to project completion..., The program gives the Board ultimate approval of incentives and the flexibility to review each based on their needs. However, if the Board so chooses to grant the upfront draw on incentives, staff would suggest that the developer 100% guarantees the draw amount. The guarantee would take the form required to satisfy the lending source, whether it is CRA bonds, Bank loan or CRA loan. Requirements and approvals for the incentive would be conditional on bond counsel rulings or bank conditions. The developer shall be responsible for all placement costs, interest payments during the life of the loan and principle pay- back as projected on the final documents regardless of project completion or not. It is suggested that the developer be required to pledge 100% of the eligible increment incentive from the project until the debt is retired. Debt retirement in no case would exceed 10 years. Any short falls on principle repayment at the end of the 10 year pedod would be required to be paid as a balloon payment by the developer. Any incentive for which the project is eligible above the amount drawn would be forwarded to the project as a straight line disbursement incentive for the remaining of the incentive period. Additional conditions on the up front draw a mount may limit the amount to no more than 50% of the projected eligible direct incentive over the program life of · 10 years, thereby insudng repayment out of increment funds. 3843 A conditional item for the release of any front loaded funds would be to have a written irrevocable funding confirmation for project funding from a source compatible of underwriting the project, financials as required by CRA funding sources and copies of project building permits issued by the City. Conclusion: Staff feels that the project sets a positive standard in many aspects for development in the CBD. The front funding request is unusual; however because of the issue with city infrastructure improvements required for the downtown and the amount of public areas / improvements included in the project, staff would recommend that a process be developed to secure such upfront funding guarantees from developers. The City has no incentives for projects to address the sizable infrastructure aspects in CRA area. The CRA stands as the only program to address any cost or incentive issue. The concept of a developer underwriting any front-end funding has been used in other cities, more specifically Jacksonville, Florida with great success in their bond program. The one issue of critical importance is that the underwriting developers have to have substantial capabilities for repayment. The incentive award would be contingent on final' documentation that is mutually acceptable. This document would be brought before the CRA Board for final approval. The incentive approval, in regards to this part of the request would therefore be conditional. Staff seeks the Board's Project Scoring and if approved, consideration of the approval for t he applicant's request for a n up front d raw o n incentives. I f t he CRA Board approves both aspects o f the requested direct incentive, the Staff would work with legal to develop two sets of documents. One set of documents for the direct incentive program and a second set of documents for the up front funding guarantee aspect-of the incentive. 3844 Meeting Minutes Continued Community Redevelopment Agency Regular Meeting · Boynton Beach, Florida May 15, 2003 IV. Public Hearing. None IX. New Business - (Moved Up) D. Consideration of Direct Incentive Request from Boynton Ventures L.L.C. (The Arches Project) Mr. Hutchinson, CRA Director, stated that this was the first application request for funding under the Direct Incentive Program that the Board previously approved. The purpose of the Program is to encourage projects in a responsible way, as well as being responsive to the marketplace. He pointed out that there is no other incentive program within the CRA for development. · The Directive Incentive Plan is based upon performance and the Program was viewed by what Boynton Beach was getting and a scoring system was established to determine this. Mr. Hutchinson did not feel that they would be able to attract high caliber projects if. these types of incentives were not available. Staff reviewed the application and the project scored well in all categories. Mr. Hutchinson pointed out that it is the CRA's mission to create taxes and this particular project is valued at $104,000,000 that will bring in approximately $74,000,000 in taxes. The project encompasses two blocks and has a current property value of $2.6 million. For a ten-year period, adjusting for inflation, the project should, generate approximately $9.4 million in total taxes, one-half of which could be used for future incentives. This will be done on an annual basis. Mr. Hutchinson pointed out that $470,000 per year represents 40% of the CRA's budget and this is after issuance of the proposed incentives. Mr. Hutchinson said that the CRA will require confirmation from the appropriate third parties that the taxes are paid and that there are no liens on the property. No feasibility study will be required because the applicant is a developer and no third party economic impact studies and appraisals were furnished. Mr. Hutchinson reviewed the scoring criteria as follows: ~ Project Size - New assessed value -20 points }~ $25 million and above - 20 points }~ Type of Project - Mixed use with residential component- up to 20 points )' Project. Location - The project is comprised of two major blocks in the CBD and is eligible up to 20 points ~ Economic Impact - The annual projected incentive is $410,359 and the annual throughput is 60.5 times the annual incentive. Scoring for economic impact requires 50 times incentive or greater for annual 3845 2 Meeting Minutes Continued Community Redevelopment Agency Regular Meeting Boynton Beach, Florida May 15, 2003 .. throughput to receive the maximum 20 points. This project would be eligible for the maximum. ~ Project Quality- There are no set points for this category. The scoring is discretionary and can go up to 40 points. The applicant has applied for a front-end loan of $2 million, which is less than half of the incentive package. The developer must guaranty the loan, plus any ancillary covenants and bank loans, plus payment of interest and any associated costs. The developer will be expected to pledge any increment incentive that they may gain or have avail.able. It is anticipated that this front-end loan would be retired very quickly. Staff is recommending consideration of the project in three steps: 1. Approve analysis and use of the Incentive Program. 2. Score the project. 3. Consideration of underwriting guaranty of any front-end funding incentive. Mr. Aguila inquired how the applicant came up with the $2 million front-end figure.' Mr. Hutchinson explained that the Program only allows the applicant to receive no more than 50% of the money that they bring to the CRA and this sum will be paid to the applicant after they pay their taxes. Because this project would not have any money coming in at first, they would be allowed to hold the 50%. He pointed out that the applicant will be paying out a great amount of money for infrastructure on these projects. There are three methods of payout available-: (1) an up-front lump sum; (2) 50% each year; or (3) a modified front loading that would taper off at the end. Mr. Aguila inquired when the applicant would receive the $2 million. Mr. Hutchinson noted that staff is recommending that the applicant have their funding in place before they receive any funds. The Incentive Program would have the project as collateral. Mr. Aguila asked about risks. Mr. Hutchinson said that this would be covered in the legal documents. Mr. Hutchinson pointed out the size and commitment of the project. The Program is intended for large-scale developers and has been reviewed by legal. Attorney Payne noted that this would also depend upon how the collateral is structured and how much risk the Board is willing to take. The possibility exists that sometimes a lawsuit is required to recover the funds. Chairman Finkelstein inquired what the collateral would be for the project. Mr. Hutchinson responded that they would require whatever type of security that a bank or traditional lending source would require. This would have to be ~846 3 Meeting Minutes Continued Community Redevelopment Agency Regular Meeting Boynton Beach, Florida May 15, 2003 determined. It is the responsibility of the applicant to present collateral that would satisfy the Board. Kevin Lawler, Managing Partner of N-K Ventures LC, and Manager of Boynton VentUres 1 LLC, the applicant, explained that once they secure the financing and before they start the project, they will enter into a Completion Guaranty with their construction lender. This document means that they guaranty that they will complete the project and that they have all the necessary resources to do so. Mr. Lawler said that they would also enter into a Completion Guaranty with the CRA to ensure that the project gets on the tax roils. Chairman Finkelstein asked what the backup would be for the Completion Guaranty. Mr. Lawler stated that they purchase insurance to insure that the project is completed. This would be separate and apart from the bonding. The project will not begin until they secure a construction loan and 86% of the revenue will come from the sale of units. He pointed out that construction would not begin until they have reached the pre-sale levels, which are approximately 50% to 55% of the total project. They are asking that the CRA fund certain items that are above and beyond customary costs, such as public space, free parking, etc. Mr. Lawler said that they would negotiate a funding schedule with the CRA, subject to the applicant spending the money. They would then seek reimbursement under the requirements of Chapter 163 of the Florida Statutes that the money has been spent for public benefit improvements. Ms. Hoyland asked Mr. Lawler to elaborate on the funds being spent on public space and parking. Mr. Lawler explained that the front portion of the. project has been opened up for the public to create a large public plaza. The cost of the plaza is expensive and they added approximately 15,000 to 20,000 square feet of retail space to the project. Normally, they would not have this much retail in their projects. As a result of the additional retail, this had an effect on the parking. He also pointed out that the private amenities are being placed on top of the garage, which increased the costs of the project. To provide this much public space, they will incur over $4 million in additional costs. Mr. Lawler also noted the quality of the materials being used, as well as the landscaping. Ms. Hoyland inquired if the funds being applied for would be used for- infrastructure and upgrades. Mr. Lawler explained that the City will'be vacating the existing public utilities in the alley between Ocean Avenue and SE 1st Street and they will be paying their pro-rata share of the utility costs. Mr. Lawler said that they were not applying for the incentives for utility costs. Ms. Hoyland inquired if the public space would be dedicated by an easement. Mr. Lawler responded that the public space would be open 24 hours per day, 365 days per week. They will maintain it and it will always be open to the public. 4 3847 Meeting Minutes Continued Community Redevelopment Agency Regular Meeting Boynton Beach, Florida May 15, 2003 Ms. Hoyland would like assurances that this arrangement would not change. Mr. Lawler responded that he would expect the public space to remain during the useful life of the project. He also noted that when the condo association documents are drafted, they would spell out exactly the obligations and responsibilities for maintenance and care of the public 'area. They intend to leave a significant amount of money in the project to fund the maintenance of the public spaces for a long period of time. Attorney Payne pointed cut that all arrangements are subject to change and there is never a 100% guaranty. Mr. Hutchinson pointed out that the ultimate security for the incentive is the project and the economic return it will generate. Mr. Lawler said that every deal that he and Ms. Graham have done, they have always lived up to the terms of the agreement. Ms. Hoyland inquired if the Board did not approve their request, would they proceed with an alternative. Mr. Lawler said he would have to discuss this with his partners and they would have to determine how they would offset $4.5 million to $5 million in direct costs that they had not anticipated. He did not wish to elaborate any further on what might happen under those circumstances, Attorney Payne suggested that there could be a provision that the money would. have to stay in public space for so many years and if it did not, it would have to be paid back. Mr. Aguila inquired how the reimbursement would work and Mr. Lawler said that an agreement would be negotiated and the terms under which they would receive reimbursement would be included in the agreement. First, they will do the design and engineering and then begin pre-marketing. These costs amount to approximately $3 million to $4 million before they receive any financing from their lender. Demolition and construction would then begin. It would be determined prior to this what would trigger public expenditures and when they could apply for the front loading. This would probably take place when construction of the garage and the public plaza begin. The applicant will fund all of this, At that point they would come before the Board for reimbursement in accordance with the draw schedule. The Board will be provided with their construction timelines. Ms. Hoyland noted that the applicant's feasibility study gave a timeline for the garage at January 2006 and construction of the plaza spaces in May 2006. Mr. Lawler thought that construction of the garage would begin in 2003. Their current construction plans call for starting on the north block where the Dolphin Restaurant is located. It is anticipated that the garage would be completed by 2005. Chairman Finkelstein made the following comments. He did not think that he could support any further incentives other than the ones already granted. The 5 3848 Meeting Minutes Continued Community Redevelopment Agency Regular Meeting Boynton Beach, Florida May 15, 2003 land use, zoning and density changes contributed approximately 3,800 square feet of land to the project. He based his opinion upon the feasibility study and the appraisal included in the application. He did not think that incentives were necessary to make this a successful project. He also referred to the applicant's Lantana project where they only received the same land use and zoning changes. He noted that The Arches is twice the density of the Marina-Project. He was much in favor of the project and felt that it was the type of project that was needed in the downtown area. He thought that there should be some "real" public amenities, such as an amphitheater or additional spaces in the garage so that it would not be necessary to build another public garage in another location. The public space being provided is just good planning, circulation and outdoor dining, which are proper amenities for people to frequent the area. Chairman Finkelstein disagreed with the basis upon which the incentives are being requested and does not understand the logic for upfront money. He pointed out that there was no real additional parking above what the Code required and, in fact, the project is short a few spaces. There are no infrastructure impediments and water and sewer lines are available as well as off-site, stormwater connections. He noted that the new Marina developer turned down the offer of additional incentives and is willing to end an existing developer's agreement that would give them approximately $1 million in incentives. Further, Chairman Finkelstein pointed out that financial needs to construct the project have been met and the project has a profit potential between '$18.3 million to $29.8 million, which is a 25% to 40% return on investment. Chairman Finkelstein felt that giving away this amount of money would affect their budget, as well as current and future projects. The Heart of Boynton development has risks associated with it and the TIF income helps fund these types of projects, as well as public amenities, such as Riverwalk and the Promenade. He reiterated that he fully supports the project, but cannot support the request for incentives. If the Board decided to support the request, Chairman Finkelstein requested that the upfront funds not be approved. Further, I~e could not equate $4.5 million to the 12,500 sqUare feet of public space.. Mr. Aguila felt that the design of the project gives the perception of a public welcoming place and is a good project on its own merits. Mr. Aguila was less concerned what the funds would be buying, but what the project would provide overall to the City. Ms. Hoyland inquired what the parking requirement was and what is. the applicant providing. Mr. Hutchinson responded that the applicant has met the parking requirements, but if anything is changed it could affect the parking requirements. Ms. Hoyland noted that the project has the exact amount of parking spaces that they are supposed to provide in accordance with their proposed use. Mr. 3849 Meeting Minutes Continued Community Redevelopment Agency Regular Meeting Boynton Beach, Florida May 15, 2003 Hutchinson also pointed out that there would be 35 on-street parking spaces provided. Ms. Hoyland thought the project was exactly what they have been looking for and wants to see the project move forward. She pointed out that the money would not be spent immediately and that other projects would be coming on line from which TIF income would be derived. Mr. Fenton wanted to know if the applicant considered the archway as public property. Mr. Lawler responded that the archway provided public access. The 12,500 square feet comprises the plaza space only, but the land under the arches is public area. Mr. Fenton did not want to see the project redesigned. He felt that this was the best thing that could happen downtown and that the project would increase the value of other properties. He pointed out that the TIF income is not their money and that it belongs to the community. The Board does not have the right to hold onto the money to wait for something down the road that may or may not come in from a developer. He would like to move forward with awarding the incentive money to the applicant. Mr. Fenton said that the Board hired Mr. Hutchinson specifically for these pu~'poses and that he should be allowed to work out the proper agreements with the applicant and then bring them to the Board for consideration. Ms. Hoyland referenced the Marina Project and noted that they asked for more than a few waivers. They are only providing 143 parking spaces on each level of the garage and asked for 70 parking spaces in lieu of at only $1,000 per space. Had they built another level, they could have had the 70 spaces that they needed, plus an additional 70 spaces for the public. Also, the Board was uncomfortable with the height of the building, the parking situation and the location of the townhomes and many other things. She did not think that the two projects could be compared. She noted that The Arches is very appealing and is wrapped with beautiful four and five story buildings. Ms. Hoyland felt that the project on its merits meets the criteria for the request. AEorney Payne pointed out that the Board would have to score the project to determine its eligibility. Attorney Payne asked for clarification for the exact name of the applicant and Mr. Lawler informed her that the applicant was Boynton Ventures 1 L.L.C., a Florida corporation, of which there are two shareholders N-K Ventures LC and Maxwell Real Estate Group, each of which own 50% of Boynton Ventures 1 L.L.C. Chairman Finkelstein noted that the Board must determine if they want to make the incentive assignable. Vice Chair Heavilin asked for clarification on the exact amount of the incentive. She was informed that the amount was $4.7 million over a ten-year period using 3850 7 Meeting Minutes Continued Community Redevelopment Agency Regular Meeting Boynton Beach, Florida May 15, 2003 a formula that if everything goes according to the plans that would be the total capture figure over ten years. Members scored the project as follows: 1. Michelle Hoyland · Project Size 20 points · Type of Project 20 points · Project Location 20 points · Economic Impact 20 points · Project Quality 30 points · Total '110 points 2. Mr. Aguila scored the project at 110 points. 3. Vice Chair Heavilin scored the project at 110 points. 4. Mr. Fenton scored the project at 110 points. 5. Mr. DeMarco scored the project at 110 points. 6. Chairman Finkelstein scored the project at 110 points. As a result of the scoring, the project would be eligible for 100% of the requested funding that would be applied to a formula. Chairman Finkelstein opened the meeting to the pUblic. William Cwynar, 2701 SW 8th Street, Boynton Beach said that at first he had some major concerns about the $2 million incentive and did nOt want to see the developer receive this amount of money without having some accountability. When he heard that the applicant would now have to first spend the money and then be reimbursed, he was in favor of it. Mr. Cwynar felt with all the construction that will be taking place in the downtown area that at some point the parking situation would be resolved. If after five years there was still a problem with downtown parking, this shows that the downtown is in good shape economically. Bob Foot, a resident of Coastal Tower, felt that obtaining the Guaranty of Completion was an important component of the funding considering the amount of money involved. Bob Ensler, 26 Woods Lane, said that the project should be looked at as a whole and not in pieces. He would like to see the project come to fruition and felt that staff was capable of working out the details with the developer. This was a major step for the City and it was important to make it work. Ginny Foot, a local retailer on East Ocean Avenue, welcomed the new project and was very excited about it. She felt it would be a landmark for downtown, a drawing card and a destination. She was pleased to see the amount of retail 3851 8 Meeting Minutes Continued Community Redevelopment Agency Regular Meeting Boynton Beach, Florida May 15, 2003 space that would be going in and sensed that this would make downtown Boynton Beach the destination place that it should be. Barclay Garnsey, 326 SW 1st Avenue, was excited about the project and thought it was well designed. He was glad to see that there would be public parking provided. Motion Mr. Aguila moved to approve the applicant's request for the Direct 'Incentive Program as presented by the staff report; that the Board accept the overall scoring of 110 points; and that the request for front end funding in an amount not to exceed $2,000,000 to cover the public space and access to free parking, with the remainder to be distributed over the ten years following project completion; and that the final agreements still need to be negotiated between the CRA Board and the developer. Motion seconded by Vice Chair Heavilin. Mr. Fenton requested that the motion be amended to exclude the words "following project completion." Mr. Aguila amended his motion to exclude the words "following project completion." Vice Chair Heavilin amended her second of the motion. Mr. DeMarco said that he would like to see the City land bank property so that when it is needed the land would be available for public parking. He did not want the City to end up like Delray Beach with all its parking problems. Mr. Hutchinson said that this would be coming to the Board in a few months. Ms. Hoyland also would like assurances that the actual agreement would come back to the Board for ratification and not just for signature. Chairman Finkelstein stated that he would not support it, but reserved the right to support it when he sees the documents. Vote, Motion carried 5-1 (Chairman Finkelstein dissenting). IV. Director's Report A. Updates Included in the agenda packet V. Old Business A. Ocean District Plan Presentation from City Staff 3552 --Memo To: CRA Board From: Douglas Hutchinson Subject: ConSideration of the Business Genesis Program Date: October 9, 2003 The Business Genesis Program is a business assistance program designed to measure pre and post redevelopment affects on businesses within the CRA boundaries. Staff at this time is presenting the program in its entirety with a significant amount of detail and proposed budget. During the past few months a detailed synopsis of the program description, mission and goals have been made available to the CRA Board within the Budget write up and the Director's Monthly Report. While Staff has been instrumental in the development of the program, it is intended that the program will be delivered through BODA. The contract is in the final draft stages. The parties to be named on the contract are the Consulting Team and BODA. The CRA's role will be one of providing matching funds not raised through sponsorship efforts and guidance in the development of a business development tool which will serve as a. benchmark for measuring the affects of redevelopment on local businesses. 3853 BOYNTON BEACH CRA BUSINESS GENESIS PROGRAM 3853A - = Business "Genesis" Program Premise: The "New Urbanism" many times lacks the reality of providing for extenuating needs that were traditionally incorporated in the "Main' Street'' contexts. These needs have been pushed aside for boutique shops, services, etc. Often needs- based producers of services supplied by existing businesses are removed from redevelopment areas in favor of boutique stores. Development codes exclude "Needs Based" Businesses instead of creatively incorporating them into the new redevelopment fabric. The trend to remove local existing businesses is fueled by the fact that many of those businesses affected by redevelopment do not evolve with redevelopment markets trends, etc. Therefore the two-fold impact of redevelopment change and lack of response by existing "needs based" business is catastrophic. Mission: To create a program that allows measurement of redevelopment impact on business; before, dudng and after redevelopment activities. Facilitate, encourage reorganization and identification of core competencies of existing businesses in the Central Business District and the Heart of Boynton Distdct in order to ensure a competitive environment once proposed redevelopment for those areas is actualized. Goals: · To increase the survival rate of existing businesses in Redevelopment areas, · To provide businesses with the tools and financial resources necessary to compete successfully with the new companies that are typically attracted to a newly redeveloped area. · To provide accurate data concerning the affect of CRAs on redevelopment neighborhoods ( historically not measured) · To provide Impact findings as a benchmark to organizations nationally 3853B - 'Program Description: Business Genesis Program is proposed as a Business Development program that is multifunctional. The program is first concerned with the maintenance and survival of the existing businesses in the areas targeted for Redevelopment. Secondly, the program will generate a realistic assessment of how redevelopment truly affects local businesses in the CRA Areas. In light of the proposed redevelopment of the CBD and Heart of Boynton areas, the Business Development program is designed to identify the strengths and weaknesses of individual business and design tools that, if followed, will help to secure a future in the area and compete effectively with new businesses that relocate to the area. It will also assist businesses to develop an awareness of changing trends, demographic needs, opportunities, etc. of the impending redevelopment. The program envisions the design, funding and implementation of this program to be a Joint Venture among several partners. Some Partners that have initially been identified are the Corporate Consulting and Coaching Inc., Palm Beach Atlantic University, Flodda Association for Micro Enterprise, Inc. and North Wood University. 3853C : Genesis Operating Plan Business Selection Plan: The Genesis prOgram is targeted towards a select group of businesses in the redevelopment area of the CRA. These businesses will be surveyed to gather basic data, their .business, future goals, direction and willingness to participate. These surveys will be completed with assistance from the Program Consultants at an initial program event. The event launch will be used to explain the program mission and goals. The surveys will be assessed on the following criteria to generate a "short List" of the prospective first year participants. The weighted criteria are from the highest priority down and is as follows: · Location in Heart of Boynton or MLK Area · Business located in Buildings to be removed (Arches project/ Blue lagoon Project) · Marina Area · Locally owned businesses (Majority Ownership resides in Palm Beach County) · Business location in BODA/CBD Area · Businesses Commitment to participate · Businesses that serve, match or enhance the future of their area · The business is not a Franchise entity The businesses will be interviewed for the final selection by the consulting team. The first group of finalist will be set not to exceed twenty. The final list is anticipated to be from 10 to 16. Several aspects dictate a small focus group be used for the first year of the Genesis program. The aspects are consultant interaction, business commitment to take direction and execute the consultant's concepts.. Consultants are expected to spend quality time; "one on one" with the businesses, therefore, the number of clients 3853D per team is limited. The program will be monitored to deliver the best business results; therefore, a small program can be dynamic for specific business needs. Support aspects include graduate level interns to aid the businesses in time-consuming projects. Finally, the success rate of the participants is critical to future program continuation, therefore a small group that becomes very successful is a high priority How Consultants Were Selected: Initial.' interactions with key consultants were through introductions by figureheads of the community, the Chamber of Commerce, Business Owners and Staff. Several assessment meetings took place and based on the communication of methodologies, references and recommendation the final team members were selected. The final team reflects a group of innovative thinkers who understands that it is critical to approach this project from a non-traditional scholastic apProach. Historically, many of the existing programs available to businesses require time away from the business on a regular basis and provide no assistance in solution management and implementation. The consulting team selection was also based on years of experience with delivery of in- sight on many levels of the business chain. While it is worth mentioning that the team ranks among the best as it relates to-thei.r education, background and credentials, what is most significant is their record of accomplishment of business results. Program Consulting Concepts: The program's highly experienced consultants are "hands on" and not "teachers or lectures" They are expected to develop close bonds with the participants. A team member may suggest the participants attend workshops, existing programs, etc. In support of their business's growth; howeVer, the primary focus of the team is to bring significant in-sight to the business, which is normally unobtainable. This comprehensive strategic vision provides the participants with concepts, knowledge and execution to not only be a success, but also become a small business "super Star." 3853E -The consulting team members will track the business's progress with other team members observations by developing an electronic data file on each participant. This will better direct team member resources and serve to evaluate over all program success. The team members will meet monthly to review the participants file. The team members will have one-on-one hours set weekly at a convenient time for the businesses. The businesses will be required to spend a minimum of two hours per month with team consultants. The consultants shall meet bi-weekly with each participant; this may be one or more team member at a time. Team members will have hours available for contact at a minimum of two days a week and at approximately two hours per day or as hours are needed. In addition to face to face contacts the consultants will review participant's progress data and comment for next team meeting. Each participant after the initial meetings with all team members will be assisted in developing a strategic plan and establish measurable goals. The business's beginning reference points and end points will be analyzed for project effectiveness. Monthly meetings to review these indicators will help direct consultants, resources, etc. Businesses that do not, in the sole opinion of the consulting team, BODA and CRA, sustain a concentrated effort in the program will be asked to leave. The team shall make every effort to encourage continued participation and will document-it's concerns and attempts to remedy. Participant Commitments and Requirements: Requires wiliness to openly share confidential information. Boynton Beach Chamber Member., Boynton Ocean District Association Member (If location is within BODA boundaries). Time management to meet with the consultant team each month. Be open to act on recommendations from the team. 3853F Phase I. Design Surveys: Palm Beach Atlantic University Graduate level "Needs Assessment" Course has been identified as a source for the development and collection of the survey tool. The students taking this course will used a guided list of questions to design a survey tool. The survey tool Will be design to identify current good and bad trends, overall performance, and needs of each business. This will be followed by one-on-one assistance to ensure completion. Development of Program EValuation Periods 1. Current Status 2. Year One 3. Year Three 4. Year Five Phase I1: Survey, Analysis, Client Evaluation and First Year Client Selection: Two hundred businesses in the CRA Geographic Area have been identified and asked to attend a formal launch of the Genesis BUsiness Program. Attendees will get an overview of the program and an invitation to participate. During the launch, each attendee will be 'given' a survey tool along with detailed instruction for its completion. Consultants and interns from Palm Beach Atlantic University and Berry University will attend the program launch for the following purposes: · Introduce the consulting team and the Genesis Program. · Administer survey to business owners. · Create interest among the business owners to participate in the Genesis program. Compilation of the data from the completed business surveys with a summary of results will be delivered to BODNCRA within three weeks of the business launch with proposed budget for on-going needs consulting. The top businesses prospects (not to exceed twenty) will be identified as the first group to enter into the program. Phase III Detailed Business Analysis of Participants: Businesses committed to and selected for participation in the Genesis Program will be contacted, and appointment will be made with a consultant for the purpose of completing the business profile. A plan of action will be completed for each business and appropriate consultants with various expertise will meet with the business owners to more specifically discuss needs and review suggested plan of action (i.e., the marketing specialiSt will assess marketing needs and develop a marketing strategy for the business, etc.) Each consultant will ask for a commitment from each business owner for the agreed-upon plan of action and will establish an estimated time frame. 3853G Phase I V: Program One-on-One Consulting Consultants will set aside visitation hours on pre-scheduled dates with a minimum and maximum hours of consulting established. Individualized assistance will be provided with a combination of consultants through ongoing meeting and coaching sessions with business owners. Owners may have activities to complete to fulfill the requirements of the program in-between scheduled sessions with consultants. Consultants will be available for phone consultations with business owners during set hours. The consulting team will develop a business participant data file to track progress, issues and needs. Team members will meet monthly to review each client's progress. An on-line database will be developed to track progress of program and individual businesses, as well as to provide a vehicle for the consultants to have access to information regarding the details of all assistance given to each business. Resources for workshops on specific topics pertaining to the needs of business owners will identified such as the Chamber of Commerce, Colleges, SBA, The Palm Beach Resource Center, etc. Phase V: Program Evaluation Survey and Analysis Client files and evaluations by the team members will be used to identify the quantitative goals reached. Program Time Line: Phase Start Date Phase I October 2003 Phase II November 2003 Phase III November/December 2003 Phase IV January/August 2004 Phase V August/September 2004 3853H Business Genesis Program Budget Program Delivery Cost $57,500 · Phase I $2,500 Professional Services (No CRA matching funds anticipated at this time). · Phase I $2000 Launch event · Phase II $3,000 · Phase III $5,000 · Phase IV $40,000 · Phase V $5,000 Phase I: Program Launch Event $2000.00 · Promotion in-kind donations local media · Decorations floral in-kind donation local florists · Catering in-kind donation local restaurants · Location In-kind donation Bank of America · Printing/Mailing Invitations · Equipments Provided by City Resources o Tent o Chairs o Podium o Generator o Lighting · Rented Elements o Flat ware o Utensils o Glassware o Catering Pans 38531 MEMO TO: CRA Board FROM: Douglas Hutchinson SUBJECT: Consideration of Acquisition Underwriting for Properties in the Heart of Boynton Date: October 7, 2003 The CRA Staff is recommending that the properties indicated in green on the attached Heart of Boynton map be acquired by the City to begin physical redevelopment and that the CRA reimburse the costs. This keeps one title holder for the properties whether or not condemnation is needed. This aids in redevelopment simplicity. This is the same process that the CRA has used in the past with the City. I would like to point out, that several of the properties are currently for sale and therefore have been added to the properties under consideration for acquisition now. Most will be a "Willing Seller" purchase. The list is attached. 3854 MEMO TO: CRA Board FROM: Douglas Hutchinson SUBJECT: Consideration of Request for Appraisal on Phase 1 Redevelopment Properties in the Heart of Boynton Area. Date: October 7, 2003 To prepare for redevelopment in the Heart of Boynton, Staff is requesting that appraisals be performed on the properties depicted in color on the attached map. Also find a information printout on each property. This appraisal step is to ascertain the current fair market value in the area. These Values will be used to formulate redevelopment strategies to move projects forward. The City will secure real estate services and perform the appraisals. The CRA will reimburse the City for the wOrk. 3855 - ~ ZZZZ~ZZ ~ZZZ < ~ ~ ~ zzzz ~z z z z~, ~ @ zoo~_~wwww ~ ~ ~ ~ ~ ~ ~ Z Z ZZ Z ~ Z Z ZZZZ ~ ~0~ ~ 0 --~ ~~ ~z~~ ~ ~mO~------~ .... o~ ~ .~ <z~. ~o ~ zz~<~~- z~ w<--~ mww 0~ --wOO0 0000000 O00000 O0 O000 ~ ~0~ 0~~ ~ ~ ~ ~ 000000000~~000 ~~ .... ooEo ~oo~h~ ~mo~ ~oooooooooooo~~ ~~o o 3856 zz~ZZ~ZZZZ~ZZ ~o~oo~~~ 0 0 ~ W~ Z ~ zz ~ =~Zo~ ~z 5--~z~Z 5~zO0 0 O000~ 00 ~000 ~ ~ ~~ ~ ~ ~ ~ ~000 0000000000 O0 O0 ooooo~ooooo~ 00000 0000000 ~ZZZZ ~ZZZZ ~0~~ O0 o mww ~ww~g ZZZ~ 0000 0000 z~~ o~~ ~oooo 3858 o ,- 3859 ~ Z~ o~ ~o~ oo~ z ~ ~ X 3860 MEMO TO: CRA Board FROM: Susan Vielhauer SUBJECT: Consideration of waving the title work for the Boynton Seafood, Inc.'s Development Regions Core Grant Contract DATE: September 18, 2003 On May 13, 2003, the CRA Board approved the CRA assuming the Development Regions Core Grant Program for Boynton Seafood, Inc. and Innovative Windows, Inc. contracts of which we have completed the Innovative Window, Inc. thus far. The Legal Counsel has been involved during the contract process in the development of the contract documents and guarantee documents for Boynton Seafood, Inc. As part of the contract with Boynton Seafood Inc., the CRA will be placing a second mortgage lien on the property of Boynton Seafood Inc. to guarantee performance of creating and maintaining the jobs listed in their original application. I was asked by Legal Counsel to pole the CRA Board and CRA Director as to their preference on methods for placing a second mortgage on Boynton Seafood, Inc. The choices were: 1. Do not place a lien on the property for a guarantee. 2. Place a second mortgage lien on the property without the title work being completed. 3. Place a second mortgage lien on the property and perform the title work at a cost of $ 500-$600. 3863 COMMUNITY REDEVELOPMENT AGENCY OF BOYNTON BEACH MEMORANDUM TO: Susan Vielhauer, Controller FROM: Lindsey A. Payne, CRA Board Attorney DATE: September 17, 2003 RE: Community Redevelopment Agency of Boynton Beach ('CRA")/Boynton Seafood Mortgage You have asked that we prepare a mortgage to be placed on the property occupied by Boynton Seafood, located at 1022 N. Federal Highway, Boynton Beach, Florida 33435. This is in connection with Palm Beach County Development Regions Core Grant Program which is administered by the CRA. I advised you that mortgages are not normally placed without title work being done to see what other legal interests may exist on the property. You stated you would check with some of the Board Members to see if they wanted this legal work done, realizing that without it, the mortgage may have no enforceable value. You checked independently with several Board Members, Chairman Larry Finkelstein and Jeanne Heavilin, and they advised to go ahead and place the mortgage without doing any legal work to determine whether other legal interests exist on the. property that would be superior to the CRA mortgage. In any event, without title work we, 'as your attorney offer no legal opinion regarding enforceability. The mortgage should be approved or waived by official Board action. LAP/ja \XJGCDE_FSkLII3RARYX1998\980465~2003 MEMOSWielhauer (Boynton Seafood Mortgage).doc 3865 'MEMO TO: CRA Board FROM: Douglas Hutchinson SUBJECT: Consideration of a proposed amendment to the existing contract with Kimley-Horne Date: October 7, 2003 As the Board will recall, a study for a Traffic Concurrency Exemption Area was approved to be performed to enable project concurrency in the CRA Central Business District. To expedite the study that in part ties it into the intersection design, in the CRA's Boynton Beach Boulevard extension project, the additional contract work is proposed as a change order to the CRA's existing Boynton Beach Boulevard Design/Build agreement with Kimley-Horne. Staff is coordinating all work and design with the needed concurrency documents, which are critical to the redevelopment in the CRA Area. Work may be expanded to incorporate the application of the CBD for a Regional Activity Center. The exact scope of work will be defined as well as needed phasing by the city staff. Mr. Hudson is coordinating this effort with the CRA, City, County, Treasure Coast, and the DCA for compliance. Staff recommends this item be addressed at the later meeting extension date. The final contract documents are due out of legal by the October 14th meeting date, therefore, in order to allow for the Board to have review time we recommend consideration of the contract at the later extension date of October 30th. 3866 MEMO TO: CRA Board FROM: Susan Vielhauer SUBJECT: Recommendation of members to be selected for the CSC Committee to Review the Financial Advisory Services RFQ. DATE: October 1,2003 Staff posted RFQ #2003-4 Financial Advisor Services on August 17th and August 24th 2003. Staff received two RFQ submittals on October 1,2003. Staff is recommending the following people for the CSC Committee to review the Financial Advisory Services RFQ, which is the next step in the RFQ process. Don Fenton CRA Board 'Linda Dufresne CRA Auditor Juliana Steele Assistant / ContrOller Delray CRA Susan Vielhauer Controller Boynton Beach CRA The CSC Committee will meet between October 27th and October 31st, to review the RFQ and make their recommendations to the CRA Board at the November 11, 2003 meeting. 3867 - -' Memo To: CRA Board From: Douglas Hutchinson Subject: Rescheduling of the November CRA Board Meeting Date: October 9, 2003 Currently the November 11th Board meetings falls on Veterans Day. Because of this holiday, the Commission Chambers will not be available and will neither City nor CRA Staff. Based on these facts Staff is recommending that the CRA Board meeting be rescheduled to the third Thursday, November 20th. 3868 X. Commission Action Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 3869 The CRA shall furnish appropriate auxiliary aids and set, rices where necessary to afford an individual with a disability 'an equal oppormity.to participate ia and enjoy the benefits of a service, program, or activity conducted by.the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. Xl. Board Member Comments Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record 'of the proceedings and for sUch purpose may need to ensure that a verbatim record of the oroceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 3870 'rhe CRA shall famish 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 CRA. Please contact Douglas Hutchinson at 561-737-3256 at' least twenty-four hours prior, to the program or activity in order for the CRA to reasonably accommodate your request. XlI. Legal Any person who decides to appeal any decision of the Community Kedevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may ne~d to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 3871 · he CRA shah 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 CRA. Please contact Douglas Hutcbin.~on at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA t° reasonably accommodate your request. Xlll. Other Items Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 3872 ~tte CRA shall furnish appropriate auxiliary aids and services where necessa~ 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 CRA. Please contact Doughs Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. x v. Future Agenda Items Any person who decides to appeal any decision of the Commtmity Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need-to ensure that a verbatim record of the testimony and evidence upon which the appeal is to be based. Croceedings is made, which record mchides the 3873 fhe CRA 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 CRA.. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the Program or activity in order for the CRA to reasonably accommodate your request.