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Agenda 12-09-03II. III. IV. Vm Call to Order. Roll Call. Agenda Approval. COMMUNITY REDEVELOPMENT AGENCY Tuesday December 9th, 2003 Commission Chambers Boynton Beach 6:30 P.M. A. Additions, Deletions, Corrections to the Agenda. B. Adoption of Agenda. Consent Agenda /~?..~ .5 A. Approval of Minutes November 13th Workshop & November 20th Regular Meeting ~2_1 B. Financial Report Public Audience ~7_.~- Public Hearing VII, Director's Report: A. Updates ~2_'~ VIII. Old Business: A. Recommendation of the Regions Core grant from Boynton Seafood to Yellowbeard, Inc. D/B/A Boynton Seafood. B. Consideration of City cooperative Purchasing Amendment. C. Consideration of City TCEA Study Contract. ~,(~ I 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. 4212 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 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. D. Recommendation for a language change for compensation in the CRA Financial Auditor Contract (Tabled 11/20/03). z~2_--/ ~, E. Consideration of Approval of the CSC Financial Advisory Committee ~g--7~ Recommendation for Financial Advisory Service (Tabled 11/20/03). IX, Xl, XI, Xlll. XlV. New Business ~?__~ A. Consideration of Burkhart Construction Contract Amendment for Authorization of up to 100% Construction Documents. /~'7_,~)~' B. Consideration of Contract for the independent Feasibility Study for the Savage Creatures of Ancient Seas Proposal. C. Consideration of the Ocean District Plan. Commission Action Board Member Comments Legal A. Status of the $9,000 Invoice Investigation (Tabled 11/20/03). Other Items Future Agenda Items A. Joint CRA and City Commission Workshop December 17th at 5:30 PM at City Hall West Wing Conference Room C. B. Consideration of RFP for Architectural Model of the CBD to Seacrest Area (January). C. Consideration of Pilot Program for Trolley Service in the CBD (January). D. Consideration of Special Pilot Program for Police Patrol in Heart of Boynton and the CBD (January). E. Consideration of CRA Logo and Stationary (January). F. Presentation of Boynton Beach Boulevard Corridor Plan (January). 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. 4213 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 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. G. CRA Audit Report (January). H. Recommendation for contract change to add additional services for Legal Contract (January). I. Consideration of funding for the Wheels Weekend Event April 2004 (January) J. Consideration of Securing CBD Surface Parking Rights (March). XV. Adjournment 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. 4214 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 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. IV. Consent Agenda Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at bis 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. 4215 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 Hutchinson at 561-737-3256 at least twenty-four hours or/or to tho .......... ~.,~. ~ ~_., .............. MZNUTES OF THE COMMUNZTY REDEVELOPMENT AGENCY WORKSHOP HELD :ZN THE L];BRARY PROGRAM ROOMf BOYNTON BEACHf FLOI~DA~ ON THURSDAY~ NOVEMBER 13~ 2003 AT 6:00 P.M. PRESENT Larry Finkelstein, Chairman .]eanne Heavilin, Vice Chair Al DeMarco Don Fenton Henderson Tillman Doug Hutchinson, CRA Director ABSENT Charles Fisher Michelle Hoyland SUB3ECT: BOYNTON BEACH BOULEVARD CORRZDOR PLAN - DRAFT URBAN DESI'GN GUI'DELi'NES- DRAFT Presented by RMPK Group · Mr. Corey Malyszka, Urban Planner Ms..lody Rivers, Senior Project Manager Members of the City Commission, City staff, and interested citizens attended a presentation of the subject Plan and Guidelines. A copy of both documents is available for reference in 'the City Clerk's office. I. Boynton Beach Boulevard Corridor Plan - Draft Mr. Malyszka displayed streetscape plans and sections of the Boynton Beach Boulevard Corridor Plan. He sought comments from the Board to verify that RMPK was headed in the right direction. Board Comments and Discussion RMPK needs to coordinate lane widths, building densities and setbacks with City staff. The building suggested by the designer on Seacrest and Boynton Beach Boulevard has a 60-foot height. This is a transition zone to the Ocean District and will need to be addressed. The Board likes the 20-foot setbacks, the bicycle path, and ample greenspace. The implementation plan is next. Meeting Minutes Workshop on Boynton Beach Boulevard Corridor Plan & Urban Design Guidelines Boynton Beach, Florida November 13, 2003 Chair Finkelstein stated that this Plan was a generalization that would be followed with actual zoning documents. He still wondered where the rest of the District was and how this piece would be meshed in with the Ocean District Plan. He felt that with the Ocean District Plan nearing completion, it was time for a dialogue, and Ms. Rivers agreed, saying that this was the next step. Urban Design Guidelines- Outline Draft Mr. Halyszka distributed copies of RMPK's draft Urban Design Guidelines, which are on file in the City Clerk's office. Board Comments and Discussion The guidelines need to include all zoning districts in the CRA boundary. The map needs to include all of the Heart of Boynton. > RMPK should develop a color palette and signage. The transition zones need to be addressed. Take art in public places out of the guidelines. The Board will make a recommendation to the Commission that a public art committee be established. Mr. Hutchinson explained that the design guidelines would set the architectural designs, setbacks, landscaping and so forth for all projects that come into the CRA boundaries. They will be bringing all the district studies together in one document and this is the path to get there. Mr. Hutchinson stated that there was single family in the CRA area as well as industrial and that the goal was to have a document that covers overall design guidelines for the entire CRA that can be given to developers who are considering developments in the area. Ms. Rivers commented that the draft guidelines only covered the Mixed Use Low District for verification that RMPK is going in the right direction. Mr. Tillman asked for and received verification that the final design guidelines would include the entire CRA with all the various zoning districts. Vice Chair Heavilin asked if some of the CBD guidelines in the CRA might be extended to areas that are contiguous to proposed redevelopment sites. Mr. Hutchinson stated that the answer was, basically, no. Some of the lines have been established by legal documents, and the CBD is locked into traffic concurrencies, densities, and so forth for Meeting Minutes Workshop on Boynton Beach Boulevard Corridor Plan & Urban Design Guidelines Boynton Beach, Florida November 13, 2003 planning purposes. However, it may depend on the area in question whether design guidelines would stretch to include contiguous businesses. III. Wrap-Up Chair Finkelstein stated that the Board members would review the drafts and come back to Mr. Hutchinson with questions or comments in the next two weeks. Mr. Malyszka stated that RMPK would come back with more sub-categories including industrial and possibly single-family uses. Mr. Hutchinson stated that RMPK should consider the uses within the CPA's boundaries and give them a way to address anything that comes through the door for development. Mr. DeMarco wanted to see the staff and the City Commission kept up to date on the project, since they might also have some thoughts. Chair Finkelstein said this updating would be left up to CPA staff. Since there was no further business before the Board, the meeting was duly adjourned at 7:00 p.m. Respectfully submitted, Susan Collins Recording Secretary (111703) 4218 MEETING MINUTES OF THE REGULAR COMMUNITY REDELEVOPMENT AGENCY MEETING HELD IN THE LIBRARY PROGRAM ROOM, 208 SOUTH SEACREST BOULEVARD, BOYNTON BEACH, FLORIDA ON THURSDAY, NOVEMBER 20, 2003 AT 6:30 P.M. Present: Larry Finkelstein, Chair Jeanne Heavilin, Vice Chair Alexander DeMarco Don Fenton Charlie Fisher Michelle Hoyland Henderson Tillman Douglas Hutchinson, CRA Director Lindsey Payne, Board Attorney I. Call to Order Chairman Finkelstein called the meeting to order at 6:37 p.m. II, Roll Call The Recording Secretary called the roll and declared a quorum was present. III. Agenda Approval Ao Motion Additions, Deletions, Corrections to the Agenda Mr. Fisher moved to approve. Motion seconded by Vice Chair Heavilin and unanimously carried. IV. Consent Agenda A. Approval of Minutes-October 14th Special Meeting; October 14th Regular Meeting, and October 30th Continuation Meeting Chairman Finkelstein pointed out that updated pages to the Financial Statement were distributed and requested that they be substituted for the pages in the agenda packet. Chairman Finkelstein requested that on page 12 (3926 of the agenda) in the minutes of October 30, 2003, the first sentence of the first paragraph be changed to delete the words "that it signed" and substitute the words." that the Director signed." Ms. Hoyland noted that in the October 14, 2003 minutes the words "Kimley-Horn" and Arch~tectromca were spelled incorrectly throughout the minutes. Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 20, 2003 B. Financial Report Mr. Fisher noted on the income statement it reflects an out-of-pocket expense for the launch project of $924.24 and inquired if the CRA has been reimbursed by BODA. Ms. Vielhauer responded that one check was received on the first of the month and will be indicated on the November income statement. Mr. Fisher inquired if any additional funds will be coming in from BODA and Ms. Vielhauer expects two more checks. Recommendation for Signer on the Public Depositor Annual Report to the Chief Financial Officer Vice Chair Heavilin inquired if two signatories were needed. Ms. Vielhauer said that there could be one or two signatories. This will be their first annual report and the Board needs to authorize someone to file it. Vice Chair Heavilin felt that Ms. Vieihauer's signature would be sufficient. Motion Vice Chair Heavilin moved to remove item IV.C. from the consent agenda. Motion seconded by Mr. Fisher and unanimously carried. Motion Mr. Fisher moved to approve the Consent Agenda, as amended. Motion seconded by Vice Chair Heavilin and unanimously carried. Motion Vice Chair Heavilin moved that the Controller of the CRA be designated as the authorized signatory for Public Depositor on the Annual Report. Motion seconded by Mr. Fisher and unanimously carried. V. Public Audience None VI. Public Hearing A. Zoning Code Variance Project: Agent: Owner: Location: Description: Buchanan Variance (ZNCV 03-019) James E. Buchanan James E. Buchanan 807 Ocean Inlet Drive Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2.a, requiring a Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 20, 2003 twenty-five (25) foot rear yard setback to allow a seven (7)foot variance, resulting in an 18 foot rear yard setback within the R-l-AA single family-zoning district Attorney Payne administered the oath to all persons who would be testifying. Maxime Am~d~e-Ducoste presented the item on behalf of staff. Mr. Am~dbe-Ducoste explained that the applicant is requesting a seven-foot variance to reduce his rear setback from the required 25' to 18'. The property received two variances last year in order to add on a second story. The applicant is requesting a rear yard setback to accommodate a rear yard balcony overhang since the rear yard already has a non- conforming setback. The awning would extend over the covered screened patio. Staff is recommending denial to avoid creating any kind of impact upon the adjacent property owners. James Buchanan, 807 Ocean Inlet Drive, did not realize that his backyard was nonconforming; otherwise he would have requested the variance when he applied for the previous variances. Mr. Buchanan stated that the screen porch already has a setback of 22' with an overhang of 2'. He is requesting an additional overhang of 2' and is not requesting a variance for increasing his lot coverage. Mr. Buchanan demonstrated how the awning would be utilized. He pointed out that his porch gets very wet during stormy weather and with the additional overhang he would be provided more protection. He further felt that the awning would be consistent with other types of renovations taking place in the neighborhood. Chairman Finkelstein opened the public audience. Martin E. Lisiewski, 331 Oregon Lane, Boca Raton, Florida, presented a power of attorney from his brother Walter J. Lisiewski, Jr., who lives in the first house west of the subject property, a copy of which is on file with the City Clerk's Office. Mr. Lisiewski stated that his brother objects to the variance and feels that the applicant has already received several variances. His brother intends to install a swimming pool in his backyard and felt that the overhang would invade upon his privacy. Mr. Buchanan pointed out that there already is a second-story deck on the property and the variance would merely extend it by 2'. Mr. DeMarco asked what the square footage of the house was and was informed it was 3,000 square feet with a lot of open circulation space. He also asked what the square footage of the land was and was informed it was 7,350 square feet. Mr. Buchanan pointed out that he was not requesting a variance to increase the land coverage, Mr. DeMarco inquired why there were no staff conditions and Mr. Ambd~e-Ducoste explained that staff is recommending denial; therefore there are no conditions of approval. 4131 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 20, 2003 Motion Mr. Fisher moved to approve the request for a variance. Motion seconded by Mr. DeMarco and unanimously carried. B. Abandonment Project: Agent/owner: Location: Description: Mangrove Walk Alley (ABAN 01-0040) City Initiated 600 & 700 block of NE 8th Avenue and NE 9th Avenue Request for abandonment of a 15-foot wide alley within the Lake Addition to Boynton subdivision Vice Chair Heavilin recused herself from this item and filed the necessary Form 8B with the Recording Secretary. Mr. Am6d6e-Ducoste presented the item on behalf of the City. The Board has already approved abandonment of some segments of the alleyway that dealt with the Schnars Project and the DeLorenzo Abandonment. Staff has received all the necessary responses from the utility companies and is recommending approval. There is only one condition of approval. Chairman Finkelstein opened the public hearing. Since no one wished to speak, the public hearing was closed. Motion Mr. Fisher moved to approve. Motion seconded by Ms. Hoyland and unanimously carried. VII. Director's Report A. Updates Mr. Hutchinson reported that progress has been made on the Way-Finding Signage Program. Proposed sign location, a list of the signs and the costs, and the wording and colors for phase 1 will be presented at the December meeting. As a result, he felt that a workshop would not be necessary. A contract will be ready at the December meeting. Chairman Finkelstein noted that the Ocean District Redevelopment Plan Update has not made much progress, and he would like the Board to consider going out to hire someone to complete the plan in order to move forward. Mr. Hutchinson recommended combining that with the Boynton Beach Boulevard Corridor and this was agreeable with Chairman Finkelstein. Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 20, 2003 Chairman Finkelstein asked for a copy of the draft of the Affordable Spaces Incentive and Mr. Hutchinson will follow through on this. VIII. Old Business None IX. New Business A. Consideration of the Marina Parking Agreement Chairman Finkelstein noted that he had requested a change in the last sentence of the first paragraph of Paragraph 9 (Page 4033 of the agenda) that currently reads, "Two Georges may release the 35 spaces to TRG or its successor, and the parties' obligations under Paragraph 10 below shall cease as to such spaces." Chairman Finkelstein requested that the wording be changed to "Two Georges shall release the 35 spaces to TRG or its succesSor, for unrestricted public release." He pointed out that all the parties agreed to this. Mr. Hutchinson explained that for the CPA's $1 million investment, the City would receive a $100 million project with an 85% return on investment per year. Over a 30- year period the City would receive more than $30 million in tax revenues in addition to the money spent by people living and shopping in the area. Mr. Fisher pointed out that the City has already given out $750,000 on this project to previous developers. He would like the developer to agree to receive payment after the initial 5% of construction instead of at the permitting stage. This protects the City from handing out any additional dollars before any construction begins, even though these problems existed with the previous developers and not the current one. Chairman Finkelstein did not think that the $750,000 was ever paid and that it was around $160,000 because the timeframes were never met. Mr. Fisher said that he did bring this up with the developer and would like their comments. Chairman Finkeistein pointed out that the current language states "receiving a building permit," whereas the other developers never even pulled a permit. Mr. Fisher was in favor of the agreement, but he would like to see something done before any more money is paid out. Jerry Knight, Attorney for TRG Related said that a draw scheduled has been worked out with staff to reflect their payments and they have to pay $250,000 next week when they apply for a permit. When they receive the permit, they have to pay the contractor. They had anticipated getting the money from the CRA as previously outlined. Chairman Fisher did not feel comfortable with the permit only stage and would like to see some building going on. Mr. Hutchinson suggested that the payment could take place at "the commencement of construction." Chairman Finkelstein suggested payment on "filing 4223 , Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 20, 2003 notice of commencement." Mr. Knight said that they would be agreeable to payment upon "the commencement of construction." At that point, TRG would receive 15%. Mr. Knight noted that the way the agreement reads, they would receive 15% when they pull the permit, and they would not receive the next 15% until they finish 30% of the project. Mr. Knight said that they would agree with the new language. Therefore the language would be changed to read that "TRG receiving a building permit for the garage and commencement of construction." Vice Chair Heavilin inquired if this language pertained to the 70 spaces or the whole garage and was informed it was the whole garage. Vice Chair Heavilin pointed out some typographical errors as follows: In section 13, Page 4035 of the agenda, in the sixth line from the top, it reads "...shall execute, and have TRG shall have..."This needs clarification. Attorney Payne pointed out that this is the City's Agreement and Mr. Knight requested that Vice Chair Heavilin speak to him later about any additional errors. Mr. Fenton was against the incentive and did not think that the CRA should become involved in a lawsuit among the developer, the City and the Two Georges. He pointed out that the developer should have discovered these problems prior to their purchasing the project. He felt that the money could be spent better elsewhere. Chairman Finkelstein pointed out that the City approved the site plan and that it was not only the developer that missed this problem. He pointed out that Two Georges would only be receiving 35 spaces and the 35 spaces that the CRA is contributing will go to the public as free parking. He did not think it was the developer's fault for not discovering the problem earlier. Further, if Two Georges at some point no longer uses their spaces, they would revert back to the public. Mr. Tillman said that this is a good opportunity to finally bring this to a conclusion and he approved of the plan. He confirmed that the $750,000 was never paid out because the prior developer did not fulfill his obligations. He wanted to move forward as soon as possible. Vice Chair Heavilin commended all the parties who have worked many hours to get the Marina on line. Ms. Hoyland would like to see what the elevations would look like after the changes because she had previous problems with the elevations before. Mr. Knight responded that the only elevation changes would be the additional two stories on the garage to accommodate the 70 parking spaces. Ms. Hoyland felt that the building was in need of more landscaping and she would like to see this done as a courtesy to the Board, even if it was not possible to change the agreement now. Attorney Payne asked Ms. Hoyland if she wanted the plan to come back for viewing or approval. Ms. Hoyland would like to have it come back for approval if possible, because she has major problems with the west elevation. Mr. Knight said that they cannot change the agreement between the City and Two Georges and it would have to go back Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 20, 2003 to everyone to review it again. He pointed out that the two additional stories would not account for a major change. Chairman Finkeistein did not think it was necessary for the plan to come back to this Board since it has to go through administrative approval with staff. Chairman Finkelstein recommended that as soon as staff receives the plan for administrative approval, they could provide copies to the Board. Quintus Greene, Development Director, informed Mr. Knight that the City would provide the CRA with a copy when the plan is submitted for minor site plan modification. Chairman Finkelstein stated for clarification purposes that the CRA is not paying the funds to the developer, but in fact is purchasing 70 garage spaces, 35 for the public and 35 for Two Georges. Chairman Finkelstein pointed out that Exhibit B to the Mediation Agreement listed "70 CRA Parking Spaces" and requested that the "CRA" be removed and the word "additional" substituted in its place. He also pointed out that there is no requirement for trolley or police in the agreement. Mr. Fenton requested that the $70,000 for the fee-in-lieu-of be deducted from the incentive. Mr. Hutchinson pointed out that the City would receive those funds and Chairman Finkelstein felt that this needed to be discussed in another venue. Motion Mr. Tillman moved that the Board approve the Marina Parking Agreement, as amended. Motion seconded by Mr. Fisher. Motion carried 6-1 (Mr. Fenton dissenting). Consideration of CRA Participation in a Temporary Month-to-Month Parking Lot Rental with BODA. Agreement Cost for the Budget Year is $1,800 Mr. Hutchinson pointed out that there is a need for additional parking and BODA has been working on obtaining a parking lot for employees and patrons at the First Financial Plaza. Ten business members of BODA will be underwriting the $1,500 per month for the parking spaces and the Banana Boat will be supplying the liability insurance and clean up of the lot. Staff is asking for the CRA to participate in the amount of $150 per month. Chairman Finkelstein recommended going with a three-month trial that is referred to in the Memorandum of Lease on page 4084 of the agenda packet. He would also want the CRA to be named as an additional insured on the insurance policy. Chairman Finkelstein pointed out that the CRA had agreed to convert the Relax Inn land into temporary parking. Mr. Hutchinson stated that they are going through the permit process on this. Vice Chair Heavilin inquired what would happen if any of these businesses failed and who would pick up the slack. Mr. Hutchinson noted that participants would have to pay first and last months' rent when they opt in. She also inquired about the extra security that would be furnished by the Banana Boat. Mr. Hutchinson responded that their employees would be walking and policing the area. Vice Chair Heavilin was concerned Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November20,2003 whether BODA could keep up with the payments and felt that they should go with three months at first. Mr. Fisher thought that three months was cutting it too short and recommended that the CRA go with three months and then monthly renewals. This would provide the CRA an opportunity to review it. Mr. Hutchinson said that he could supply a list of monies paid during the month, but the CRA is not guaranteeing anything. Mr. Fenton recommended that the lease take effect December 1st and have it run for five months during the season and then look at it after that. Mr. Fisher suggested changing the lease from 3 months to 5 months with automatic monthly renewals. Mr. Hutchinson noted that the parking lot would be available to the public for after-hours parking at no charge. Barkley Garnsey would like to see cooperative efforts among the businesses and the CRA. He felt that this was a good start and will help the established businesses. Motion Ms. Hoyland moved to approve the CRA participation on a temporary month-to-month parking lot rental with BODA based on an initial lease term of five (5) months with a monthly renewal on a per month basis and at the end of five months, if not sooner, that the CRA get a report as to how the program is going. Motion seconded by Mr. Fisher. Mr. Hutchinson pointed out that Chairman Finkelstein recommended that the CRA be named as an additional insured. Ms. Hoyland amended her motion to reflect this and Mr. Fisher seconded the amended motion that unanimously carried. Co Consideration of The Urban Group Task Orders and Authorization for Contract Deposits for the MLK Area Acquisitions. Mr. Hutchinson reported that his memo in the agenda packet indicates what he has done to date regarding this item, and it contains an update of the work that has been done. He has also obtained the tax numbers and the printouts and maps are in his office. Some people have contacted him, and they have also contacted people. He stated that the Board Attorney wanted the Board to address some specific issues to ensure that staff has proper direction, which are listed on page 4086 of the agenda packet. Attorney Cherof has also provided a preliminary contract for use and Attorney Payne felt that staff needs to have exact approvals for the deposits. Mr. Tillman asked what the first step that the CRA needs to do to move this forward. He noted that this keeps coming back to the Board, and he thought that everything had been settled. He asked what must be done to move this forward right now. Mr. Hutchinson stated that they need to establish a formula for deposits for the contracts; determine a base value for initial offers and how to arrive at this; determine 4226 Meeting Minutes Community Redevelopment Agency ,Boynton Beach, Florida November 20, 2003 who (The Urban Group) would develop these contracts; and a sample contract is necessary. After all this, an acquisition procedure needs to be established. Chairman Finkelstein said that he had some problems with the information furnished and noted that someone needs to be in charge of this whole process. He thought that staff had been directed at the last meeting on what to do. Mr. Tillman felt that the Board should hire an administrator to handle this. Mr. Hutchinson said that the Board did not authorize him to spend any money, but he was told to go ahead and purchase these properties. Mr. Tillman would like to address appointing The Urban Group to be the administrator and authorize them to go out and get appraisals and bring them back to the Board. Mr. Fisher pointed out that staff was directed to do what Mr. Tillman just requested and that someone was made accountable to get this done at the last meeting. Mr. Fisher felt that this should have been done a month ago. City Manager Kurt Bressner pointed out that the objective of the acquisition program of the Heart of Boynton is to acquire property as quickly, fairly and equitably as possible. He noted the diversity of the properties in this area and that they need to be reconciled. If any person has to be relocated as the result of a public taking, the terms of the Federal Relocation Act would apply and, if the City has to pay for it, it would. A qualified person or firm needs to be hired (1) to scope out the situation; (2) talk to the property owners; (3) find out their needs; (4) determine their schedule and there personal situation; (5) and then work with them. After all this, an offer can be prepared based upon an estimate of value. If the property owner does not agree with the value of the property, then an appraisal would be done. Another process that could be used would be eminent domain, which is not an unfair taking of property. What it does is remand the process into a two-step adjudication process. If the parties cannot agree upon a price, then they go to court. The CRA staff is suggesting that The Urban Group be retained as authorized agents. Mr. Bressner pointed out that last month the City offered to do this and the CRA declined. Mr. Fisher noted that at the last meeting there were several parcels of property with "for sale" signs and that staff was to go out and speak with those property owners. Chairman Finkelstein stated that approximately one-half dozen people called the CRA Director informing him that they wanted to sell their property. Mr. Hutchinson said that they did speak with these property owners, but he needs to have a contract before he can move on acquiring the properties. Chairman Finkelstein said that if the Board wants to hire The Urban Group, the Task Authorization needs to be reworded. Ms. Hoyland asked why this is being discussed again and felt that a motion to hire The Urban Group to be the real estate administrator for the negotiation of the contracts would be in order. Ms. Hoyland felt that this exact discussion took place at the last meeting and she did not see the need to rehash these items. 4227 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 20, 2003 Dale Sugerman, Assistant City Manager, stated that he was the City's administrator for the acquisition of real estate. He noted that the City has successfully and easily acquired a number of parcels over the past three years. The City has a contract with The Urban Group that is the City's administrator and they do all the groundwork. The Urban .Group gets the appraisals, they do the environmental analysis, surveys, etc. When it comes time for an offer to be made, The Urban Group would make an offer with his permission and would give a deposit of $5,000 to $10,000 to secure a contract. The City Commission and the City Manager gave Mr. Sugerman this authority and the deposit is at risk. After all this takes place, the negotiated contract is brought before the Commission to determine if they want to enter into a contract. The CRA needs someone of authority to tell The Urban Group to do all of the above. Vice Chair Heavilin noted that at the last meeting Mr. Bressner offered City staff assistance, which the Board accepted. Mr. Bressner responded that this would not replace the need to hire someone like The Urban Group to do the fieldwork. Vice Chair Heavilin asked Mr. Bressner what he meant by "assistance" and he stated that City staff would serve as a liaison with The Urban Group. Attorney Payne pointed out that the proposal received from The Urban Group was received by Mr. Sugerman, which he had asked for. Mr. Bressner pointed out that the CRA Board would ultimately approve all the contracts. He felt that it was crucial that the Board give staff authority to enter into a contract, to make a sufficient deposit, and to trust staff to bring the contract back for approval by the Board. If this were not followed, nothing would get done. Chairman Finkelstein asked if the Board was in favor of using The Urban Group and there was a consensus to do so. Mr. DeMarco inquired if the deposit was nonrefundable and Mr. Sugerman stated that generally they are not refundable deposits. Mr. DeMarco was not agreeable with this. Mr. Sugerman stated that in trying to bundle properties to create public projects, the CRA does not act like a real estate company. Mr. Sugerman further stated that even though it appears that the deposit money is at risk, the CRA would acquire that property in any event, whether through negotiation or eminent domain. Mr. DeMarco thought that obtaining all these appraisals could Sugerman said that they would not be expensive if done in bulk. around $750 for an appraisal. be costly, but Mr. Currently, he pays Vice Chair Heavilin commented that upon the City's explanation she would lean at this time to allow the City to do this on behalf of the Board. Mr. Fisher asked if the Board wanted to have one of its members work with Mr. Sugerman and The Urban Group. Vice Chair Heavilin thought that this would be something that would be included in the contract. She said that if the Board does decide to let the City do it, then the City should do it. Vice Chair Heavilin had some questions concerning the contract that she will discuss with Mr. Sugerman. 4228 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 20, 2003 Mr. Fenton inquired about the cost of the contract and was referred to page 4095 of the agenda. Mr. Sugerman stated that it would cost approximately $4,300 per parcel, depending upon the amount of work necessary to acquire the property. Chairman Finkelstein inquired how the 28 properties were identified. Mr. Hutchinson responded that these are the properties that were in the motion that the Board passed regarding acquisition of these properties at its last meeting. Chairman Finkelstein felt that th.e boundary map omitted one piece of property. Mr. Hutchinson stated that this one p~ece of property was left off because it is a house and they always started the boundary right after that particular house. Chairman Finkelstein would like this property included. Quintus Greene, Development Director, responded that the City proposed to take care of this particular piece of property over a year ago. Mr. Greene noted that last December they discussed with the CRA that the City would acquire residential and the CRA would acquire commercial, and the boundary area identified constituted the phase 1 acquisition; therefore, the boundary has not changed. Since the CRA wants to have contiguous developable parcels, the CRA is in a position to move today to acquire those parcels. The City cannot do anything at this time until it receives its 108 loan. Since the CRA can purchase both commercial and residential properties at this time, Mr. Greene said that they should go ahead and do so. Once the City receives its 108 loan, the money situation could be squared with the CRA. Mr. Bressner agreed to include the parcel that Chairman Finkelstein requested. Mr. Sugerman pointed out that he does not have authority to spend CRA funds or to sign contracts and requested that this authority be given to Mr. Hutchinson. Mr. Fisher inquired if the Board could authorize Mr. Sugerman, and Attorney Payne stated that this is permitted. She noted that there already is an agreement between the CRA and staff, and Mr. Sugerman could be included in that agreement. Chairman Finkelstein inquired if the City was going to transfer title of the City parcels to the CRA. Mr. Bressner noted that the County conveyed a couple of those parcels to the City and they may have to be swapped for some properties near Sara Sims. If this does not come to fruition, Mr. Bressner said that the CRA could acquire them. Motion Mr. Fisher moved to obtain the services of The Urban Group for phase 1 for the properties that have been outlined and to direct Dale Sugerman to act as administrator with authority to sign the contracts with a deposit of up to $10,000 per parcel. In the event Mr. Sugerman is not available, Mr. Fisher moved that City Manager Kurt Bressner have the same authority. Motion seconded by Mr. Tillman. Attorney Payne referred to the Task Authorization under parcel assessment that refers to "basic review of third party appraisal, if available." She inquired if the Board wanted to have appraisals. Mr. Sugerman stated that he wanted to have appraisals as soon as possible, and he is assuming that the Board has given him authority to order appraisals. 4229 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 20, 2003 Chairman Finkelstein recommended that the motion be amended to identify the parcels as follows: "As identified on page 4088 as primary with the addition of the additional parcel." Mr. Fisher agreed to amend his motion to include this language. Chairman Finkelstein pointed out that the motion does not include approving the contract because it is full of mistakes. Mr. Sugerman agreed with this and Mr. Fisher pointed out that this was not part of his motion. Vote The motion carried unanimously. Motion Mr. Fisher moved that Item H. be moved up on the agenda. Motion seconded by Ms. Hoyland and unanimously carried. H. Consideration of Funding for the Multi-Cultural Winter Carnival and Heritage Festival Mr. Fisher wanted verification that the CRA is not running these festivals, but is supporting them. Chairman Finkelstein stated that the CRA is contributing $7,500 to each event. He noted that one event showed a profit and another one showed a deficit. He wanted assurances that the CRA would not be liable for deficits. Mr. Hutchinson responded that one of the events is funded through BODA and the other through the HeritageFest. The CRA is providing support staff and is a grant-funding source. Motion Mr. Fisher moved to approve. Motion seconded by Vice Chair Heavilin. Attorney Payne inquired to whom the money would be given. Mr. Hutchinson stated that the Winter Carnival was being put on by BODA and the other is the HeritageFest. Vote The motion carried unanimously. Consideration of Establishing an Agenda Material Submittal Policy for CRA Agenda Items Motion Mr. Fisher moved to approve. Motion seconded by Mr. Fenton and unanimously carried. E. Adoption of Resolution No. 03-02 for 457 Deferred Compensation Plan 4230 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 20, 2003 Motion Ms. Hoyland moved to approve. Motion seconded by Mr. Tillman and unanimously carried. F. Approval of Plan Administrator for 457 Deferred Compensation Plan Members agreed that the Controller should be the Plan Administrator Motion Ms. Hoyland moved that the Controller be the Plan Administrator for the 457 Deferred Compensation Plan. Motion seconded by Mr. Tillman and unanimously carried. Consideration of Approval of the CSC Financial Advisory Committee Recommendation for Financial Advisory Services Chairman Finkelstein noted that there was a lawsuit against the company and inquired as to its status. Ms. Vielhauer said that she would check into this. Motion Ms. Hoyland moved to table until the next regular meeting. Motion seconded by Mr. Fisher and unanimously carried. Ho Consideration of Funding for the Multi Cultural Winter Carnival and Heritage Festival (previously addressed) City Cooperative Purchasing Amendment Mr. Hutchinson reported that this would allow the CRA to use the same purchasing process for services that the City had gone through. Chairman Finkelstein inquired if this would negate the need to go out for bids and Mr. Hutchinson responded affirmatively. Mr. Hutchinson pointed out, however, that they could choose to go out for bid or to use the City's purchasing process. It would still come before the Board for a decision. Vice Chair Heavilin did not want to override the current procedures that the CRA has on bids. Attorney Payne pointed out that the CRA could piggyback off existing City contracts. Mr. Sugerman explained that the City Commission has awarded 20 different contracts to engineering firms under four different types of scopes of service. Staff can choose from any of those 20 firms and the contract and hourly rates are already in place. What is not in place is a task order for a particular project. When a task is identified, staff would go to these firms to ascertain the kind of professional staff that they would pay to do this task. If the number of hours is not satisfactory to staff, a negotiation process takes place. Chairman Finkelstein was agreeable with this process, but he did not want to change the Purchasing Manual. 4231 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 20, 2003 Motion Ms. Hoyland moved to deny the Cooperative Purchasing Amendment. Motion seconded by Mr. Fisher and unanimously carried. X. Commission Action Passage of Texaco request for Carwash with Approval of Variances Requested by the Project (CRA denied the rear variance and the sign variance) Mr. Hutchinson reported that the City Commission rescinded all the variances at its last meeting. Ms. Hoyland inquired what the next step would be for the Texaco Gas Station. Mr. Bressner stated that they cannot expand their business and do not have the authority to build the carwash. That would not preclude them from coming back with another site plan. Xl. None XII. Board Member Comments Legal A. Status of the $9,000 Invoice Investigation Attorney Payne reported that she has an appointment to meet with Mr. Hutchinson and his attorney to discuss the matter. Chairman Finkelstein felt that some kind of timeframe should be set on this. Motion Mr. Fenton moved to table until the next meeting. Motion seconded by Mr. Fisher and unanimously carried. XlII. None XlV. Other Items Future Agenda Items A. Consideration of Contract for the Independent Feasibility Savage Creatures of Ancient Seas Proposal (December) B. C. Study for the Consideration of Traffic Concurrency Exemption Area Study (December) Ocean District Plan (December) 42~2 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 20, 2003 D. Consideration of Burkhart Construction (December) Construction Contract Amendment for 100% E. Architectural Model of the CBD to Seacrest Area (January) F. Boynton beach boulevard Design Build Authorization to go to 100% Drawings (December) G. Consideration of Pilot Program for Trolley Service in the CBD (January) H. Consideration of Special Pilot Program for Police Patrol in Heart of Boynton and the CBD (January) I. Way-finding Signage Workshop (January) J. CRA Audit Report (January) K. Consideration of Securing CBD Surface parking Rights (March) XV. Adjournment There being no further business, the meeting properly adjourned at 8:55 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (November 24, 2002) 4233 MEMO TO: CRA Board FROM: Susan Vielhauer SUBJECT: Financials DATE: December 2, 2003 Current cash accounts include the ending balance for the Operating Account $17,983.48, Money Market $4,968,232.94, and petty cash of $500. We received $4,141.56 in interest from the Money Market Account this month. BALANCE SHEET NOTES As per the CRA Auditor, I have reclassified Work in Progress Assets of the Riverwalk/ Promenade / BBB Extension as well as the Heart of Boynton to the expense accounts due to the fact that we do not hold title. Staff is maintaining a Project Book, which includes the expenses for each project. This tracks where every dollar goes. Accounts Payable includes the following expenses incurred in November; Aetna Health Insurance $1,202.10, Bell South $220.00, FDN $187.75, FPL $208.92, Guidance Pathway Systems $6,729.66, Imagistics $343.00, Office Depot $544.63, Petty Cash $24.71, and Principal Financial Group $132.02. These expenses are to be paid on December 3, 2003. Accrued Liabilities include the following; Accrued Salaries $263.49, Accrued Payroll Taxes $265.41 and Accrued Health Insurance ($324.16). INCOME STATEMENT NOTES According to Generally Accepted Accounting Standards and the CRA Independent CPA Auditor, all income, grants, TIF, sponsorship, and income generators for festivals and events must be acknowledged in the revenue section of the Income Statement. Staff nets the income generated against the expense incurred for festivals and events in the budget to actual comparison. Expenses are broken into Debt Service, Program Expense, Project Expense, and General & Administrative Expenses. The Current Column only includes the current month income and expenses. Year To Date column includes the income and expenses the CRA Board has approved, and the Current Total includes all income and expense to date. BUDGET TO ACTUAL COMPARISON NOTES The Year to Date Total column includes income and expenses, which have been approved by the CRA Board to date. The Current Period includes the beginning balance of the cash accounts as of the first of the month. Current Revenues received this month include $4141.56 in interest for the Money Market account. Income generated for the Festivals and Events has been netted against the expenses located under the Programs category. The CRA paid $35,000 to the RMPK Group for #3 Concept Plan completion and 50% of #4 Final Plan for the Boynton Beach Plan Contract. The CRA also paid $391.60 in reimbursable expenses. The CRA paid the third installment on the IT Contract for $3,000 with the City of Boynton Beach. Work is continuing to progress with the Riverwalk/ Promenade/ BBB Extension with payments to Burkhardt Construction, South Florida Water Management District; for the ERP permit, and Jonathan Ricketts. FYI QUESTIONS The following inquiry was made by a board member; "Should I be able to compare the Total Reserve Balance before Debt to the actual cash balances reported on the Balance Sheet?" The answer is no because of the accrued liabilities paid from the previous month and the Accounts Payable for expenses incurred but checks have not been written yet. CASH FLOWS STATEMENT NOTF The Cash Flows Statement lists the money received. The statement lists the checks by vendor paid out in the current month. ASSETS Community Redevelopment Agency of Boynton Beach Balance Sheet Government Funds November 30, 2003 Total Community Redevelopment Cash and Cash Equivalents Receivables Prepaid Expenses Inventory Fixed Assets Real Estate Relax Inn Accumulated Depreciation- Fixed Assets Work in Progress Assets Relax Inn RiverWalk / Promenade / BBB Extension RiverWalk / Promenade / Land MLK Total Work in Progress Assets Furniture / Equipment Accumulated Depreciation-Furn./Equip Total Assets LIABILITIES AND FUND BALANCES Liabilities: Accounts Payable Accrued Liabilities Note Payable Total Liabilities Fund Balances: General Fund Change in Fund Balance Total Fund Balances Total Liabilities and Fund Balances 4,986,716.42 $ $ $ $ $ $ 886,135.3O $ 14,650.46 $ (2,017.18) $ 5,885,485.00 $ 9,592.79 $ 2O4.74 $ 2,752,345.10 $ 2,762,142.63 $ 3,349,824.16 $ (226,481.79) $ 3,123,342.37 5,885,485.00 Income Statement 2 Revenue Tax Increment Funds Tax Increment Funds: Total Tax Increment Funds City Funds City Transfer Funds Total City Funds Grants, Project Reimbursements Grant Funding Total Grants and Projects interest Income Interest Income Total Interest Income Other Income Other Income Total Other Income Total Sources of Funds Current $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $4,141.56 $4,141.56 $1,600.00 $1,6OO.OO $5,741.56 YTD $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $4,388.02 $4,388.02 $0.00 $o.oo $4,388.02 Current Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $8,529.58 $8,529.58 $1,600.00 $1,600.00 $10,129.58 Use of Funds Debt Service Debt Service Principal Payment Interest Expense Payment Debt Issue 1 Sinking Fund Issuance Cost Total Debt Service Program Expenses Web Site Updates / Expansion Printing & Promotional Programs Police Programs Transportation / Trolley Festivals / Events / Bus. Programs Fa(;ade Grant Program Economic Incentive Program Miscellaneous Programs Total Program Expenses Project Expenses Riverwalk/Promanage Project HOB Commercial/Improvements Way-Finding Signage Marina Parking Garage CBD Parking Site Savage Creatures Complex Miscellaneous Projects Total Projects Expenses General & Administrative Salaries & Contract Labor Payroll Tax Disability Retirement 457 Plan Workers Compensation Health Insurance Life Insurance Professional Fees - Audit Professional Fees - City Staff Professional Fees - Contracted Services Professional Fees - Legal Professional Fees - Maint. & Cleaning Professional Fees - IT Support Rent Expense Telephone Expense Electric Expense Equipment Leases Office Leasehold Improvements Property/General Insurance Bonding Insurance Professional Insurance Promotional/Business Meeting CRA Meetin / Presentation Association Meeting Seminars Income Statement Current $0.00 $o.oo $o.oo $o.oo $o.oo $o.oo $0.00 $o.oo $o.oo $o.oo $980.40 $o.oo $o.oo $o.oo $980.40 $72,450.00 $o.oo $6,729.66 $o.oo $o.oo $o.oo $o.oo $79,179.66 $16,192.40 $1,259.9O $132.O2 $o.oo $o.oo $1,005.08 $0.00 $0.00 $396.15 $35,143.89 $6,786.65 $340.0O $3,000.00 $1,120.00 $475.96 $208.92 $343.O0 $o.oo $o.oo $389.00 $o.oo $14.00 $o.oo $10.71 $689.31 '--i~3"-t ¢ YTD $0.00 $o.oo $o.oo $o.oo $o.oo $o.oo $9,950.00 $0.00 $0.00 $0.00 $942.24 $o.oo $9,750.00 $o.oo $20,642.24 $11,580.00 $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo $11,580.00 $20,515.93 $1,074.07 $132.02 $o.oo $o.oo $1,971.94 $o.oo $o.oo $537.33 $18,391.60 $2,163.44 $340.00 $647.50 $2,240.00 $480.11 $190.21 $59.25 $o.oo $o.oo $o.oo $o.oo $178.70 $148.62 $20.00 $2,967.63 Current Total $0.00 $o.oo $o.oo $o.oo $o.oo $o.oo $9,950.00 $0.00 $0.00 $0.00 $1,922.64 $o.oo $9,750.00 $o.oo $21,622.64 $84,030.00 $o.oo $6,729.66 $o.oo $o.oo $o.oo $o.oo $90,759.66 $36,708.33 $2,333.97 $264.04 $o.oo $o.oo $2,977.02 $o.oo $o.oo $933.48 $53,535.49 $8,950.09 $680.00 $3,647.50 $3,360.00 $956.07 $399.13 $402.25 $o.oo $o.oo $389.00 $o.oo $192.70 $148.62 $30.71 $3,656.94 Mileage & Delivery Serivces Car Allowance Director Office Supplies Office Expense Office Equipment/Furniture Licenses, Fees, Permits Membership, Subscriptions Books & Publications Advertising Expense Career Development Office Printing Miscellaneous Interest Expense Depreciation Expense Total General & Administrative Total Application of Funds Fund Sources in Excess of Application Current $47.55 $276.92 $1,514.60 $124.71 $605.16 $4.00 $o.oo $o.oo $o.oo $o.oo $9O.OO $o.oo $o.oo $2.oo $70,171.93 $150,331.99 ~.. ($144,590.43) YTD $o.oo $276.92 $580.30 $33.15 $o.oo $2OO.OO $621.85 $o.oo $o.oo $286.57 $o.oo $o.oo $o.oo $o.oo $54,057.14 $86,279.38 _.. ($81,891.36) Current Total $47.55 $553.84 $2,094.90 $157.86 $605.16 $204.00 $621.85 $o.oo $o.oo $286.57 $90.00 $0.00 $0.00 $2.00 $124,229.07 $236,611.37 ($226,481.79) November 30, 2003 Beginning Balance R eve n u es TIF Taxes Grant Funding interest Income Other Income Total Revenue Expenditures Personel Cost Salary Expense Payroll Taxes Retirement 457 Plan Short Term / Long Term Disability Workers Comp Health Insurance Life Insurance Total Personal Cost Professional Services Legal City Staff Contracted Services Audit Maint. & Cleaning I.T. Support Total Professional Services Office Rent Expense Phone Expense Electric Expense Office Total Equipment Leases Expenses Insurance Property/General Insurance Bond/Liability Insurance Professional Insurance Insurance Total Travel / Entertainment Expense Promotional/Business Meetings CRA Meeting / Presentation Association Meeting Seminars Mileage & Delivery Services Car Allowance- Director Total Travel Expenses Office Supplies Office Expense Office Supplies Total Office Supplies Licenses, Books, Publication Licenses, Fees, Permits Memberships, Subscriptions Books & Publication Total Licenses, Books, Publication Advertising & Public Notices Community Redevelopment Agency of Boynton Beach Year To Current YTD 2003/2004 Date Period Totals Including Budget Totals November Current Month 4,751,917.00 5,207,216.12 5,125,324.76 '5,207,216.12 2,361,158.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 75,000.00 4,388.02 4,141.56 8,529.58 0.00 0.00 0.00 0.00 7,188,075.00 4,388.02 4,141.56 8,529.58 03/04 Budget Remaining 4,751,917.00 % of Budget Remaining 100% 2,361,158.00 0.00 66,470.42 0.00 100% N/A 89% N/A 2,427,628.42 207,500.00 20,515.93 16,192.40 36,708.33 170,791.67 82% 15,563.00 1,074.07 1,259.90 2,333.97 13,229.03 85% 9,375.00 0.00 0.00 0.00 9,375.00 100% O. O0 132.02 132.02 264.04 -264.04 n/a 1,824.00 0.00 0.00 0.00 1,824.00 100% 16,800. O0 1,971.94 1,005.08 2,977.02 13,822.98 82% 540.00 0.00 0.00 0.00 540.00 100% 251,602.00 23,693.96 18,589.40 42,283.36 209,318.64 83% 44,000.00 2,163.44 6,786.65 8,950.09 35,049.91 6,000.00 537.33 396.15 933.48 5,066.52 170,000.00 18,391.60 35,143.89 53,535.49 116,464.51 7,500.00 0.00 0.00 0.00 7,500.00 2,800.00 340.00 340.00 680.00 2,120.00 13,360.00 647.50 3,000.00 3,647.50 9,712.50 243,660.00 22,079.87 45,666.69 67,746.56 175, 913.44 80% 84% 69% 100% 76% 73% 72% 14,112.00 2,240.00 1,120.00 3,360.00 10,752.00 76 % 7,800.00 480.11 475.96 956.07 6,843.93 88% 1,875.00 190.21 208.92 399.13 1,475.87 79% 23,787.00 2,910.32 1,804.88 4,715.20 19,071.80 80% 4,356.00 59.25 343.00 402.25 3,953.75 91% 1,438.00 0.00 0.00 0.00 350.00 0.00 389.00 389.00 3,900.00 0.00 0.00 0.00 5,688.00 0.00 389.00 389.00 2,252.76 1,438.00 -39.00 3,900.00 5,299.00 4,607.30 2,851.38 473.29 3,078.06 1,032.45 3,046.16 15,088.64 1,342.14 5,405.10 6,747.24 1,046.00 2,694.15 500.00 4,240.15 4,000.00 4,800.00 178.70 14.00 192.70 3,000.00 148.62 0 148.62 504.00 20.00 10.71 30.71 6,735.00 2,967.63 689.31 3,656.94 1,080.00 0.00 47.55 47.55 3,600.00 276.92 276.92 553.84 19,719.00 3,591.87 1,038.49 4,630.36 1,500.00 33.15 124.71 157.86 7,500.00 580.30 1,514.60 2,094.90 9,000.00 613.45 - 1,639.31 1,250.00 200.00 4.00 204.00 3,316.00 621.85 0.00 621.85 500.00 0.00 0.00 0.00 5,066.00 821.85 4.00 825.85 4,000.00 0.00 0.00 0.00 100% -11% 100% 93% 96% 95% 94% 46% 96% 85% 77% 89% 72% 75% 84% 81% 100% 84% 100% Career Development Office Printing Expense Miscellaneous Expense Debt Service Principal Payment Interest Expense Debt Issue 1 Sinking Fund issuance Cost Total Debt Service Operating Expense PROGRAMS Office Equipment/Furniture Office Leasehold Improvements Web Site Update/Expansion Printing & Promotional Programs Police Central Business District Heart of Boynton Total Police Transportation / Trolley Festivals/Events/Bus. Program Facade Grants EconomlcDevelopment Grants PROJECTS RivenNalk / Promanade Projects HOB Commercial / Improvements Way-Finding Signage Marina Parking Garage CBD Parking Site Savage Creatures Complex Miscellaneous Projects TOTALS EXPENSES Total Reserve Balance Before Debt Proposed Bonds TOTAL RESERVE BALANCE 4,000.00 286.57 0.00 4,500.00 0.00 90.00 500.00 0.00 2.00 134,925.23 0.00 0.00 182,372.73 0.00 0.00 200,000.00 0.00 0.00 20,000.00 0.00 0.00 60,000.00 0.00 0.00 597,297.96 0.00 0.00 1,173,175.96 54,057.14 69,566.77 Year To Current 2003/2004 Date Period Budget Totals November 286.57 90.00 2.00 0.00 0.00 0.00 0.00 0.00 0.00 123,623.91 YTD Totals Including Current Month 2,500.00 0.00 605.16 605.16 1,500.00 0.00 0.00 0.00 10,000.00 9,950.00 0.00 9,950.00 17,500.00 0.00 0.00 0.00 175,000.00 0.00 0.00 0.00 175,000.00 0.00 0.00 0.00 350,000.00 0.00 0.00 0.00 150,000.00 0.00 0.00 0.00 50,000.00 942.24 -619.60 322.64 100,000.00 0.00 0.00 0.00 50,000.00 9,750.00 0.00 9,750.00 2,150,000.00 11,580.00 72,450.00 84,030.00 600,000.00 0.00 0.00 0.00 50,000.00 0.00 6,729.66 6,729.66 1,050,000.00 0.00 0.00 0.00 1,750,000.00 0.00 0.00 0.00 75,000.00 0.00 0.00 0.00 50,000.00 0.00 0.00 0.00 7,629,675.96 86,279.38 148,731.99 235,011.37 -441,600.96 5,125,324.76 4,980,734.33 4,980,734.33 2,000,000.00 0.00 0.00 0.00 1,558,399.04 5,125,324.76 4,980,734.33 4,980,734.33 3,713.43 4,410.00 498.00 134,925.23 182,372.73 200,000.00 20,000.00 60,000.00 597,297.96 1,049,552.05 03/04 Budget Remaining 1,894.84 1,500.00 50.00 17,500.00 175,000.00 175,000.00 350,000.00 150,000.00 49,677.36 100,000.00 40,250.00 2,065,970.00 600,000.00 43,270.34 1,050,000.00 1,750,000.00 75,000.00 50,000.00 7,394,664.59 -215,119.17 2,000,000.00 1,784,880.83 93% 98% 100% 100% 100% 100% t 00% 100% 100% 89% % of Budget Remaining 76% 100% 1% 100% 1 OO% 100% 100% 100% 99% 100% 81% 96% 100% 87% 100% 100% 100% 100% BEGINNING CASH BALANCE REVENUES Interest Income SunTrust Bank Interest Total Interest Income TOTAL REVENUES EXPENDITURES Salaries Expense Douglas Hutchinson Douglas Hutchinson Susan Vielhauer Susan Vielhauer Annette Gray Annette Gray Garine Ghazarian Garine Ghazadan Total Salaries Expense Payroll Tax Expense 941 Deposits Total Payroll Tax Expense Health Insurance Expense American Dental Plan Total Health Insurance Expense Life Insurance Expense STATEMENT OF CASH FLOWS 4141.56 $ 4,141.56 $ 2,576.84 $ 2,576.84 $ 1,452.57 $ 1,452.57 $ 1,312.22 $ 1,312.22 $ 780.08 $ 964.68 $ 12,428.02 $ 9,299.44 $ 9,299.44 $ 38.22 $ 38.22 $ 5,125,324.76 $ 4,141.56 Total Life Insurance Expense ST / LT Disability Total ST / LT Disability Professional Fees - City Staff City of Boynton Beach Total Professional Fees- City Staff Professional Fees - Contracted $ 369.15 $ 369.15 RMPK Group Total Professional Fees - Contracted Professional Fees - Legal Goren, Cherof, Doody & Ezrol PA Total Professional Fees - Legal Professional Fees - Maint. & Cleaning Green Team Pest Control Stiles Landscaping Cleaning Systems Inc. Total Professional Fees - Maint. & Cleaning Professional Fees - IT Support City of Boynton Beach Total Professional Fees - IT Support $ 35,143.89 $ 6,786.65 $ 20.00 $ 170.00 $ 150.00 $ 3,000.00 $ 35,143.89 $ 6,786.65 $ 340.00 $ 3,000.00 Rent Expense Gene Moore rent for Dec $ 1,120.00 Total Rent Expense Electric Total Electric Expense Telephone Cingular Wireless Total Telephone Expense Car Allowance Director Douglas Hutchinson Total Car Allowance Director Promotional / Business Meetings Total Promotional / Business Meetings CRA Meeting/Presentation Total CRA Meeting / presentation Association Meeting Total Association Meetings Seminars Charles Fisher Larry Finkelstein Jeannie Heavilin Suntrust Leadership Palm Beach County Total Seminars Mileage & Delivery Federal Express Total Mileage & Delivery Licenses, Fees, Permits Bank Fee - will be reimbursed by bank in Nov. Suntrust Total Licenses, Fees, Permits Membership, Subscriptions Total Membership, Subscriptions Bond Insurance Harvey Oyer, Jr Insurance Total Bond Insurance Office Expense Suntrust Aqua Springs & Coffee Total Office Expense Office Supplies Larry Finkelstein Office Depot Refund Sold Disk Total Office Supplies Office Printing Delray Blueprint Total Office Printing $ $ $ $ $ $ $ 68.21 276.92 99.36 7.00 204.35 128.60 250.00 47.55 (25.00) 31.00 389.00 103.46 21.25 7.36 1,014.81 (294.84) (52.20) 90.00 $ 1,120.00 $ 68.21 $ 276.92 $ 689.31 $ 47.55 $ 6.00 $ 389.00 $ 124.71 $ 675.13 $ 90.00 Principal and Interest Payment (Loan) Total Principal and Interest Payment (Loan) Festivals / Events/Bus. Pro/Banners Able Sanitation Micheal Alessi Premier Party Rentals Sponsorship Total Festivals / Events/Bus. Pro/Banners Eco. Business Development Grant Match Total Eco. Business Development Grant Match Web Site Expansion/Update Total Web Site Expansion/Update Riverwalk ! Promenade/BBB Extension Burkhardt Construction, Inc Jonathan Ricketts, Inc South Florida Water Management Total Riverwalk/Promenade/BBB Extension TOTAL EXPENDITURES TOTAL REVENUES OVER EXPENDITURES TOTAL RESERVE BALANCE BEFORE DEBT $ $ $ $ $ $ $ 188.00 250.00 42.40 (1 ,lO0.O0) 70,450.00 1,000.00 1,000.00 $ (619.60) $ 72,450.00 $ 142,749.90 $ (138,608.34) $ 4,986,716.42 V. Public Audience 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. The CRA shall furnish appropriate auxihary 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 Page 1 of 1 Gray, Annette From: Tucker, Patricia Sent: Monday, December 01,2003 9:01 AM To: Gray, Annette Subject: RE: Agenda It is not ready. I was off last week and we just finished the P&D for 11/25. I will be working on the description for the CRA later today and tomorrow so it is done. As soon as it is finalized I will e-mail it to you. Pat ..... Original Message ..... From: Gray, Annette Sent: Monday, December 0:[, 2003 7:46 AM To: Tucker, Patricia Cc: Hutchinson, Douglas Subject: Agenda Hello can you please forward to me the agenda for December. Annette Gray Administrative Assistant Boynton Beach CRA 639 E Ocean Ave, Suite :[07 Boynton Beach FI 33435 Phone:56.1.-737-2778 Fax: 56:[-737-3258 g raya @ cl. boynton- beach, fl. us Thank you MEMO To: From: Date: Subject: CRA Board Douglas Hutchinson December 9, 2003 CRA Activities Development Items: Group A · Boynton Beach Blvd/Promanade/Riverwalk Design/Build RFQ Work has be.qun on the next phase of work for pro/ect desi. qn Multiple meetin.qs have taken place in the past several weeks, Updates are received weekly from Burkhardt and Kimley Horn, Th_eir updates an~ct timeline are sup. plied for o, y,p_~.r review, -~ · Way-Finding Signage Program - See aoenda item for Phase I sion installation approval DH · Ocean District Redevelopment Plan Update .Item. · MLK Property Acquisition Phase I - Coordinating with Dale Sugerman and TUG for purchases. 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 March for "letter of understanding" between the various parties. D/-/ · Boynton Beach Blvd District Redevelopment Plan Update- Draft Stu~ rec. eiv_ed_ _and final u date. is bei_~p.g, .Compiled, Presentation pro/ected for January 2004, 'D-~, 4239 · Design Guidelines Overlays - RMPK .qroup presented a brief overview of the Desi.qn Guideline Overlays at the November 13tn workshop. Input as to the .quidelines presentation stvlina and .quidelines type has been Riven, Future review set for January 2004. See a.qenda item. DH Museum Feasibility Study Team - See Agenda Item. CRA Brochure and Web Site Development - Work has be_aun on the Lo.qo Concept Development and Web Structure. Lo_ao choices will be presented in January for review. DH 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. See A.qenda item. AG Genesis Business Program-Staff has written a new survey considerin.q consultin.q services role in pro.qram verses staff. Survey to be distributed and collected in January 2004. AG Group B Land Development Regulation (LDR) - LDR re-write will be 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. DH Affordable Spaces Incentive - Program to reward projects for inclusion of below Market Retail, Commercial and Residential spaces, developing incentives and possible criteria guidelines for the program. The CRA Board has received a complete Draft. Workshop tar.qeted for January. DH Develop Project Flow Chart with Budget and Personnel Forecasts - The chart will contain all bud.qeted i~ro_~rams, pro/ects, and operatin.q issues with projected timelines and staff assi.qnments. Tar.qeted for January 2004. DH & S V BODA - (Boynton Ocean Downtown Association) Since the inception of the relationship with this or.qanization /ust over a I/ear a.qo, the .qroup has quadrupled in membership. The .qroup now meets once a month however~ based on the size and the results of a plannin.q meetin.q scheduled for this month, it is a distinct possibility that the meetinq will become more fre uent. A third a facilitator will be brou ht in to lead a visionin round table. As a art of this brainstormin session the followin will be discussed: the boundaries ~ed B~~~.~j~ Grou- as a ~ embraced ~'~~es to the ~ and has proactivel sou ht out o ortunities to~olved. The most recent exam le of the rou's commitment is the ~ess to be the atekee er of the arkin contract with Gene Moore as well as the increased vitae to which the have a roached .t. he Multi-Cultural Winter Carnival. The essential oal for the new ear is to have estab~shed a ~ defined o eration lan and leadershi in order to smoothly transcend the upcomin.q chan_ees in the area Group C Awards Program - Staff has scheduled meetings to collect existing program materials to use as a starting point for the CRA program. Possible Office Options - Addinq walls to separate conferenc-- area from open office. · Grants Update The Fa~:ade Grant program has been awarded to Grace Fellowship Church, which is 50% completed, Boynton Boundless, LLC, which is 50% completed, and Fred and Joes Automotive, which should start in the next 45 days. All of the projects are progressing towards completion this budget year. Staff has included a photo of Grace Fellowship.. Church an~ndless for your review. SV The Regions Development Grant was awarded to Innovative Windows, Inc and Boynton Seafood. SV Innovative Windows has submitted their first reimbursement request at 31% completion on the project. Staff has requested and received Palm Beach County's portion for this project. SV Staff and ~ Counsel ~ with ~ ~nd'ar-~'~r~sentin for a royal b the 'C--~ Board a chan e in 4241 name for Boynton Seafood to YellowBreard Inc. d/b/a Boynton Seafood. SV 4242 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 proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 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 Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for tho. C. R A MEMO TO: CRA Board FROM: Lindsey Payne / Susan Vielhauer SUBJECT: Recommendation of the Regions Core Grant from Boynton Seafood to Yellowbeard, Inc. D/B/A Boynton Seafood DATE: November 18, 2003 Upon completion of the title search and numerous conversations with Mary Jo Bills, it has been determined that the Regions Core Grant Contract for Boynton Seafood should have been Yellowbeard, Inc. D/B/A Boynton Seafood. The business plan within the application states it is for Yellowbeard, Inc. D/B/A Boynton Seafood. Yellowbeard, Inc. has consented to signing the contract and placing a mortgage lien placed on the property. The results of the title search have produced the following results; Fisherman Catch holds the first and only lien on the property. This lien was placed December 2, 2002 for $400,000. Staff is recommending placing a $15,000 mortgage lien on the property and $15,000 UCC lien for the equipment, which will be purchased with this grant. The mortgage lien, promissory note, and contract will be executed in the name of Yellowbeard, Inc. D/B/A Boynton Seafood. Attached you will find the Regions Core Grant Contract for your review. 4246 Promissory Note Amount ~30.000.000~ West Palm Beach, Florida ,20O,3 FOR VALUE RECEIVED, the undersigned, (jointly and severally, if more than one) promises to pay to BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, or order, in the manner hereinafter specified, the principal sum ..of Thirty Thousand Dollars ($30,000.00) with zero percent interest. The said principal shall be payable in lawful money of the United States of America at 639 E. Ocean Avenue, Suite 107, Boynton Beach, Florida 33435, or at such place as may hereafter be' designated by written notice from the Holder to the Maker hereof, on the date and in the manner following: This note shall become due and payable only in the event of a default of the M ' , akers/Grantees obligations under the Agreement enter into between Bovnton Beach CRA and Yellowbeard, Inc. d/b/a Boynton Seafood on ' In the event the Maker shall fail to comply with the terms of the said Palm Beach County Grant Agreement after having received the required notice of default, as provided for therein, the Payee shall have the right to demand payment of this Note in full without further notice to Maker. This note is secured by a mortgage on real estate, of even date herewith, made by the Maker hereof in favor of the said Payee, and shall be construed and enfomed according to the laws of the State of Florida. If default be made in the payment of any of the sums herein or in said mortgage, or in the performance of any of the agreements contained herein or in said mortgage, then the entire principal sum shall be collectible without notice, time being of the essence; and said interest at the highest rate allowable under the laws of the State of Florida. Failure to exercise this option shall not constitute a waiver of the right to exercise the same in the event of any subsequent default Each person liable hereon whether maker or endorser, hereby waives presentment, protest, notice, notice of protest and notice of dishonor and agrees to pay all costs, including a reasonable attorney's fee, whether suit be brought or not, if, after matmlty of this note or default hereunder, or under said mortgage, counsel shall be employed to collect this note or to protect the security of said mortgage. Whenever used herein the terms "holder," "maker" and "payee" shall be construed in the singular or plural as the context may require or admit. Maker's Address: .1. 022 N. Federal Hiclhway Bovnton Beach, FI 33435 _N. ame of Business: Yellowbeard, Inc. d/b/a Boynton Seafoo~l By: Signature Prfnted Name: Title: Sworn to and subscribed before me This _day of Notary Public My commission expires: ,2003. Personally known Identification or Type of Corporate Seal 4247 COMMUNITY REDEVELOPMENT AGENCY "CRA" GRANT AGREEMENT THIS AGREEMENT is made this __ day of .,2003, by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes, hereinafter referred to as "CRA," and Yellowbeard, Inc. d/b/a Boynton Seafood hereinafter referred to as "GRANTEE." WITNESSETH: WHEREAS, it is the policy of the "CRA" to stimulate and encourage economic growth within the Community Redevelopment Area, pursuant to carrying out its purposes as provided for under Chapter 163, Florida Statutes; and WHEREAS, the "CRA" has been awarded a grant known as the Palm Beach County Development Regions Core Grant Agreement dated June 17, 2003; and WHEREAS, pursuant to the administration of said Palm Beach County Development Regions Competitive Grant Agreement, the "CRA" wishes to provide assistance and support for the development and revitalization of the GRANTEE's business and properties within the Community Redevelopment Area; and WHEREAS, the "CRA" has determined that it is in the public's best interest and pursuant to carrying out its purposes, pursuant to the Community Redevelopment Plan to award a grant to the GRANTEE pursuant to the terms of this Agreement; and WHEREAS, in order to secure the public's interest in the grantee's fulfillment of its obligations, it is the intent of the grantor to obtain a security interest in the real property of the grantee; NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter contained, the parties hereby agree as follows: GRANTEE'S PERFORMANCE OBLIGATIONS GRANTEE agrees that it will carry out the redevelopment project and activities as more specifically set forth in Exhibit "A" to this Agreement, attached hereto and incorporated herein by reference. GRANTEE agrees that the redevelopment activities contemplated by this Agreement shall commence within Twelve (12) months of the effective date of this agreement and will be completed in accordance with the terms of this Agreement. GRANTEE agrees that it is solely liable to the "CRA" for performance under this Agreement, and that, in the event of default, GRANTEE will, as more specifically set forth herein, refund to the "CRA" monies paid pursuant to this Agreement. GRANTEE hereby certifies that it is authorized by law to be so bound. GRANTEE hereby certifies that it has or will retain adequate staff to oversee execution of its performance obligations under this Agreement, and that execution of each of these performance obligations is consistent with GRANTEE's mission. Co As a condition to obtaining the maximum of Thirty thousand dollars ($30,000) from the "CRA", the GRANTEE shall cause, as a direct result of the activities set forth in Exhibit "A" to this Agreement within Twenty (20) months and maintaining the same for Twenty-Four (24) months, the creation of at least Five (5) full time and 2 part time equivalent jobs (1 FTE = 2,080 hours per year and 1 PTE = 1040 hours per year) in Palm Beach County within twelve months (12) of completion of the project as set forth in Exhibit "A". GRANTEE shall be entitled to retain such lesser amounts as may be equal to the grant award per job, multiplied by the number of positions created pursuant to this Agreement. In accordance with the provisions of paragraph I. E. hereinbelow, the number, dates and salaries of all hires in Palm Beach County must be substantiated by GRANTEE, to the "CRA's" satisfaction, within fourteen (14) months of completion of the project as set forth in Exhibit "A". For the purposes of this Agreement, the term salary means wages, gratuities, salaries, commissions, bonuses, drawing accounts (against future earnings), prizes and awards (if given by an employer for the status of employment), vacation pay, sick pay, and other payments consistent with the Florida Department of Labor and Employment Security definitions, paid to employees. As a further condition to retaining all grant amounts received from the "CRA", GRANTEE shall cause to be paid an average salary equal to or greater than the minimum wage as established by the Department of Labor. Workforce Development Board - In the event a job becomes available, the GRANTEE shall mail the job description to the Workforce Development Board of Palm Beach County, Inc., at the address stated below. It is the intent of this clause to make all opening positions available on a competitive basis. Kenneth E. Montgomery, Executive Director Workforce Alliance, Inc. 2051 Martin Luther King Boulevard, Suite 302 Rivera Beach, Florida 33404 As a further condition to retaining any Grant funds from the "CRA", the GRANTEE shall provide to the "CRA" written verification, satisfactory to the "CRA" in its sole discretion, of compliance by GRANTEE with all agreed upon performance standards as set forth in paragraphs I. C. and I. D. hereinabove. GRANTEE may provide to the "CRA" this verification once all applicable portions of the performance standards set forth in paragraphs I. C. and I. D. of this Agreement have been met; provided, however, that GRANTEE shall provide this verification on or before the expiration of the fourteenth (14) calendar month following completion of the project as set forth in Exhibit "A". Within ninety (90) days from the date this verification is submitted to the "CRA", GRANTEE agrees to refund to the "CRA" Three Thousand Four Hundred Seventy Three Dollars and 68/100 ($3478.68) for each Full Time position not created and One Thousand Seven Hundred Thirty Six Dollars and 84/100 ($1,736.84) for each Part Time position not created until the expiration of the twelfth (12) month following completion of the project as set forth in Exhibit "A". As a further condition of this grant, the GRANTEE hereby agrees to execute a note in favor of the "CRA" in an amount equal to the grant and additionally secure such obligations under the note by executing and delivering to the "CRA" a mortgage encumbering Grantee's real property as described in Exhibit C. Such mortgage shall be junior only to those permitted senior encumbrances listed in Exhibit C. The terms of the note shall only be due and payable in the event of a default of the Grantee's obligation under the Grant agreement and in the event no default shall have occurred, the Grantee shall have fully performed under the grant conditions, the note and mortgage shall be extinguished and satisfied. Sufficient collateral shall be available to secure the note and mortgage. 2 4249 II. PAYMENT PROCEDURES, CONDITIONS The Grant funds available under this Agreement will be provided only for reimbursement of expenses related directly to the Scope of Work as set forth on Exhibit "A", which is attached hereto and made a part hereof. To be eligible for reimbursement, such expenses must be: 1. Incurred on or after June 17, 2003 (Retro date) Incurred no later than December 17, 2004. (18 Months from contract date). Bo "CRA" agrees, pursuant to the terms of this Agreement, to make payments to the GRANTEE for all eligible types of expenditures as set forth in Exhibit "B" to this Agreement, attached hereto and made a part hereof. Requests by GRANTEE for payment shall be accompanied by proper documentation. For the purposes of this paragraph, originals of invoices, receipts or other evidence of indebtedness shall be considered proper documentation. When original documentation cannot be presented, the GRANTEE must adequately justify their absence, in writing, and furnish copies thereof. In the case of invoices that have not first been paid by GRANTEE, GRANTEE shall certify to the "CRA" that each invoice presented for payment relates directly to work satisfactorily completed as contemplated by this Agreement. Requests for payment for costs incurred after the effective date of this Agreement shall be submitted to the "CRA" no later than forty-five (45) days after the date the indebtedness was incurred. Requests for payment for costs incurred prior to the effective date of this Agreement shall be submitted to the "CRA" no later than fifteen (15) days after the effective date of this Agreement. Requests for payment shall not be honored if received by the "CRA" later than the expiration of the twenty fifth (25) calendar month following the effective date of this Agreement. If GRANTEE fails to submit any requests for payment by the expiration of the twenty fifth (25) calendar month following the effective date of this Agreement, then this Agreement shall automatically terminate, thereby relieving the parties hereto of any obligations hereunder. If the GRANTEE fails to comply with any of the provisions of this Agreement, the "CRA" may withhold, temporarily or permanently, all, or any, unpaid portion of the funds upon giving written notice to the GRANTEE, and/or terminate this Agre(~ment and the "CRA" shall have no further funding obligation to the GRANTEE under this Agreement. The GRANTEE shall repay the "CRA" for all unauthorized, illegal or unlawful expenditures of funds, including unlawful and/or unauthorized expenditures discovered after the expiration of this Agreement. The GRANTEE shall also be liable to reimburse the "CRA" for any lost or stolen funds. In the event the GRANTEE ceases to exist, or ceases or suspends its operation for any reason, any remaining unpaid portion of this Agreement shall be retained by the "CRA" and the "CRA" shall have no further funding obligation to GRANTEE with regard to those unpaid funds. The determination that the GRANTEE has ceased or suspended its operation shall be made solely by the "CRA" and GRANTEE, its successors or assigns in interest, agrees to be bound by the "CRA's" determination. Funds which are to be repaid the "CRA" pursuant to this Agreement, are to be repaid by delivering to the "CRA" a cashier's check for the total amount 3 4250 Ill. due payable to the "CRA" within seventy-five (75) days of the "CRA's" demand. The above provisions do not waive any rights of the "CRA" or preclude the "CRA" from pursuing any other remedy which may be available to it under law. Nothing contained herein shall act as a limitation of the "CRA's" right to be repaid in the event the GRANTEE fails to comply with the terms of this Agreement. DEFAULT/TERMINATION In the event that a party fails to comply with the terms of this Contract, other than payment of funds, then the non-defaulting party shall provide to the defaulting party notice of the default and the defaulting party shall have thirty (30) days within which to initiate action to correct the default and ninety (90) days within which to cure the default to the satisfaction of the non-defaulting party. B. In the event that the defaulting party fails to cure the default, the non- defaulting party shall have the right to terminate this Contract. The effective date of the termination shall be the date of the notice of termination. IV. REPORTING REQUIREMENTS GRANTEE agrees to submit semi-annual (2) reports pursuant to the format set forth in Exhibit "D", attached hereto and made a part hereof. Beginning with the end of the sixth month following the effective date of this Agreement, these reports shall be submitted in a manner satisfactory to the "CRA" in its sole discretion no later than twenty (20) days following completion of each reporting period. The final semi- annual report shall be submitted to the "CRA" no later than the forty-seventh (47) month following the effective date of this Agreement. All grant payments made pursuant to this Agreement shall be contingent on the receipt and approval of the semi-annual reports required by this paragraph. V. MAXIMUM GRANT AMOUNT In no event shall the reimbursements made to GRANTEE pursuant to this Agreement exceed the maximum total grant of Thirty Thousand dollars ($30,000). Vi. FINANCIAL ACCOUNTABILITY, REPORTS AND AUDITS The "CRA" may have a financial system analysis and an internal fiscal control evaluation of the GRANTEE performed by an independent auditing firm employed by the "CRA" at any time the "CRA" deems necessary to determine the capability of the GRANTEE to fiscally manage the grant award. Upon completion of all tasks contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be submitted to the "CRA" if requested. Vii. PERFORMANCE The parties expressly agree that time is of the essence with regard to Performance as set forth in this Agreement and failure by GRANTEE to complete Performance within the times specified, or within a reasonable time if no time is specified herein, shall, at the option of the "CRA" without liability, in addition to any of the "CRA's" rights or remedies, relieve the "CRA" of any obligation under this Agreement. 4151 VIII. INDEMNIFICATION IX. The GRANTEE agrees to protect, defend, reimburse, indemnify and hold the "CRA", its agents, its employees and elected officer and each of them, free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of action of every kind and character against and from "CRA" which may arise out of this Agreement. The GRANTEE recognizes the broad nature of this indemnification and hold harmless clause, and voluntarily makes this covenant and expressly acknowledges the receipt of good and valuable consideration provided by the "CRA" in support of this obligation in accordance with the laws of the State of Florida. GRANTEE's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law but in no event shall they apply to liability caused by the negligence or willful misconduct of the "CRA", its respective agents, servants employees or officers, nor shall the liability limits set forth in Section 768.28, Florida Statutes, be waived. This paragraph shall survive the termination of the Agreement. INSURANCE GRANTEE shall, on a primary basis and at its sole expense, agree to maintain at all times during the life of this Agreement, self-insurance, insurance coverages, limits, including endorsements, as described herein. The requirements contained herein, as well as CRA's review or acceptance of self-insurance or insurance maintained by GRANTEE are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by GRANTEE under the Agreement. Liability & Additional Insured - GRANTEE shall maintain Commercial General Liability and Business Auto Liability at limits not less than $500,000 per occurrence. GRANTEE further agrees to endorse Community Redevelopment Agency as an "Additional Insured" to the Commercial General Liability, but only with respect to negligence other than CRA's negligence arising out of this Agreement. Worker's Compensation & Employer's Liability - GRANTEE agrees to maintain, or self-insure, Worker's Compensation & Employer's Liability insurance in accordance with Florida Statute, Chapter 440. Co Statement or Certificate of Insurance - GRANTEE agrees to provide a statement, or Certificate of Insurance, evidencing insurance or self-insurance for the above required coverages to the attention of CRA 639 E. Ocean Ave. Suite 107 Boynton Beach, FI 33435. AVAILABILITY OF FUNDS The "CRA's" obligation to pay under this Agreement is contingent upon having received payment from Palm Beach County, pursuant to the terms of that certain Palm Beach County Development Regions Competitive Grant Agreement, June 17, 2003, which said Agreement is hereby incorporated herein by reference and made a part hereof. 4252 XI. REMEDIES AND VENUE The laws of the State of Florida shall govern this Agreement. Any and all legal action necessary to enforce the Agreement will be filed in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. ×11. CIVIL RIGHTS COMPLIANCE The GRANTEE warrants and represents that al~ of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. XIII. FEES, COSTS If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, court costs and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled, provided, however, that this clause pertains only to the parties to this Agreement. XV. SEVERABILITY If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. ENTIRE AGREEMENT The "CRA" and the GRANTEE agree that this Agreement sets forth the entire Agreement between the parties, and that there are no promises or understandings, including prior oral representations, other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. XVI. NOTICE All notice required in this Agreement shall be sent by certified mail, return receipt requested, to: Boynton Beach Community Redevelopment Agency 639 E Ocean Ave, Suite 107. Boynton Beach, FL 33435 4253 with a copy to: Lindsey Payne Goren, Cherof, Doody, Ezrol, P.A. 3099 East Commercial Boulevard Suite 200 Ft. Lauderdale, FL 33308 and if sent to the GRANTEE shall be mailed to (current official address): Yellowbeard, Inc. d/b/a Boynton Seafood 1022 N. Federal Hiqhway Boynton Beaoh FI 33435 IN WITNESS WHEREOF, the Chairman of the CRA has made and executed this Agreement and the GRANTEE has hereunto set its hand the day and year above written. ATTEST: CRA By:, Chairman ATTEST: Yellowbeard, Inc. d/b/a Boynton Seafood By: Name / Title (please print) ? 4254 EXHIBIT A SCOPE OF SERVICES PROJECT DESCRIPTION: Yellowbeard, Inc. d/b/a Boynton Seafood is applying for a Development Regions Grant to expand the existing business. It is currently a full line seafood market. Yellowbeard, Inc. d/b/a Boynton Seafood is unique in that it is a Multi-cultural fish market. By incorporating a complete kitchen in the existing first floor, Yellowbeard, inc. d/b/a Boynton Seafood expects to produce approximately 75 plates per day. The menu would include many of the local fish that are caught daily, steamed Blue Crabs and a Seafood Chowder or Soup. The second pad of the expansion plan involves remodeling the second floor space into an office to accommodate a growing Wholesale fish business. This aspect of the seafood industry involves the packing and shipping of larger quantities of fish to the Fulton Fish Market in New York City, requiring the need for a location to employ people to monitor and service the fluctuation of the daily price and product changes involved in the worldwide seafood market. . By accomplishing the goals stated above, Yellowbeard, Inc. d/b/a Boynton Seafood expects to create Five (5) full time jobs and two (2) pad-time jobs. The estimated cost of this project is $75,000.00 and construction is expected to take approximately 90 days from the date the necessary Permits are issued. County Core Grant to "CRA" CRA funding $ 20,000 In equity 10,000 _46,000 Total Project Cost $ 76,000 PROJECT LOCATION Ye~lowbeard, Inc. d/b/a Boynton Seafood 1022 N. Federal Highway Boynton Beach, FL 33435 Jobs to Create: 7 Jobs Existing: 8 Contact Bills 561-735-4775 Mary Jo The grant would be given to the Grantee upon completion of a financing and construction plan for the project satisfactory to the Grantor. The Grantee can incur expenses after June 17, 2003 related to the grant and must complete the project by no later than December 17, 2004 including job growth requirements. 8 4255 EXHIBIT B LIST OF ELIGIBLE ACTIVITIES 1. Acquisition of real property. 2. Expansion of existing property. 3. Providing payment of impact fees. 4. Facade improvement programs. 5, Construction of new buildings. 6. Renovation of existing buildings. 7. Site development assistance. (Reimbursements will not pay: architectural or attorney's fees/retainers or deposits on goods not received.) 9 4256 The GRANTEE will execute a promissory note in favor of the CRA in the amount of $30,000.00 equal to the grant and additionally secure such obligations under the note by executing and delivering to the "CRA" a mortgage lien encumbering real property described below: 1022 N. Federal Highway Boynton Beach, Florida 33435 Parcel # 08-43-45-21-32-003.0200 And a UCC Lien for equipment purchased with the Regions Core Grant Program. 3.0 4257 Please Circle: Name of Applicant: Name of Project: Start Date: Completion Date: EXHIBIT D SEMI-ANNUAL REPORT FORM ROUND FINIAL Please Circle Reporting Period: 2O03 1 2 2004 1 2 2005 1 2 Funding Spent by Source for these 6 months: County CRA Business Other Describe Status of Project in Relation to: 1. Renovation of Property: Cumulative Funds Spent for Round I Participants Only: What will be accomplished by the next Semi-Annual Report? Employment Status at Project: Jobs Retained Start Date Title/Position Hours/Week Wage/Hour New Jobs Created Start Date Title/Position Hours/Week Wage/Hour 4258 MEMO TO: CRA Board FROM: Douglas Hutchinson SUBJECT: City Cooperative Purchase Amendment DATE: December 1,2003 Staff is recommending the following language amendment to the CRA Purchasing Manual to facilitate the purchase of direct services or supplies from the City of Boynton Beach through their purchasing procedures and processes. This change in language will enable direct purchases from the City; however, the purchase approval process will remain the same. This language will only add an additional source for purchases for the CRA. The CRA Board will remain as the approval entity for purchases over $10,000 and therefore retains control. This change will also eliminate the cumbersome and time-consuming process of writing a "piggy-back" Contract each time the CRA wishes to purchase City services. 4259 TO: CC: FROM: DATE: RE: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY MEMORANDUM CRA Board Members Douglas Hutchinson, Executive Director Lindsey A. Payne, CRA Board Attorney November 11, 2003 Boynton Beach Community Redevelopment Agency ('CRA")/Proposed Amendment to Purchasing Manual The Executive Director recommends amending the CRA Purchasing Manual as follows: Bids and Proposals 1. Excluded from the formal Bid process are the following processes: Contracts with The City of Boynton Beach for direct services~ or .-{ Deleted:. reimbursement to the City of Boynton Beach for supplies or services sec~r-e,~- ' by the City of Bognton Beach through its purchasing procedures and processes. LAP/ja \UGCDE_FSkLIBRARY~1998k980465k2003 MEMOS'dh'oposed Amendment to Purchasing Manual.doc 426O MEMO TO: FROM: SUBJECT: DATE: CRA Board Douglas Hutchinson Consideration of Traffic Concurrency Exemption Area Study Contract December 1, 2003 As the Board will recall, a study for a Traffic Concurrency Exemption Area (TCEA) was approved to be performed to enable project concurrency in the CRA Central Business District. To expedite the study, the work is proposed to be secured as a contract purchase with the City using its established contracts for engineering services. Staff is coordinating with City staff for all work in developing the needed concurrency documents, which are critical to the redevelopment in the CRA Area. Attached is the scope of work as recommended by the city staff and a list of additional optional services for the TCEA project. The original estimate from City Staff was for a fee in the range of $35,000. The total scope of work from the engineers is $56,000 with possible follow-on optional elements not to exceed $48,000. The study could run as much as $104,000. Mr. Hudson is coordinating this effort with the CRA, City, County, Florida DOT, Treasure Coast, and the DCA for compliance. The study will result in text amendments to the Comprehensive Plans of both the City and Palm Beach County. While the City has two amendment cycles each year that include text amendments, the County's process allows for only one. Their text amendment cycle for 2004 will be transmitted to DCA in early March and adopted in July. If the TCEA amendments are not transmitted in this package, the next opportunity for adoption will be July of 2005. 4261 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] December 2, 2003 [] December 16, 2003 [] January 6, 2004 [] January 20, 2004 Date Final Form Must be Turned in to City Clerk's Office November 17, 2003 (Noon.) December 1, 2003 (Noon) December 15, 2003 (Noon) lanuary 5, 2004 (Noon) Requested City Commission Meeting Dates [] February 3, 2004 [] February 17, 2004 [] March 2, 2004 [] March 16, 2004 Date Final Form Must be Turned in to City Clerk's Office January 19, 2004 (Noon) February 2, 2004 (Noon) February 16, 2004 (Noon) March 1, 2004 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this item on the December 16, 2003 City Commission agenda under Consent Agenda. Staff recommends that the city execute a contract with Kimley-Horn and Associates, Inc. for professional planning and engineering consulting services associated with a proposed amendment to the City of Boynton Beach Comprehensive Plan to designate a Transportation Concurrency Exception Area (TCEA) for the City of Boynton Beach within the CRA area. Base amount of the contract is $56,000.00 with optional elements amounting to an additional $48,000.00. All costs associated with this contract are to be paid by the City of Boynton Beach Community Redevelopment Agency. For additional information, please see the attached Scope of Services submitted by the consultant. EXPLANATION: The Boynton Beach Community Redevelopment Agency (CRA) is seeking to establish a TCEA within the CRA, its designated urban redevelopment area as defined in 9J-5.0055(6)(a)(2) of the Florida Administrative Code; however, application for a TCEA can be made by only a municipality or the County. The TCEA is adopted as an amendment to the City's Comprehensive Plan and to the Traffic Performance Standards Ordinance (TPSO) which involves an amendment to the County's Comprehensive Plan. Because of the County's scheduling for its large-scale comprehensive plan amendments, the TCEA plan must be approved for transmittal to DCA in March 2004 and will be a part of the City's second round of amendments for 2004 (transmittal scheduled for early July). By using a consultant from the City's approved list of consultants under the Consultants' Competitive Negotiations Act, the City can meet the County's schedule for this round of large-scale amendments. PROGRAM IMPACT: The City and the CRA have recently updated the redevelopment plans for the areas in the downtown integrating mixes of land uses and encouraging multi-modal transportation options. Nonetheless, the plans are expected to create additional vehicular impacts both within the proposed TCEA and the adjacent areas. The intent of establishing the TCEA is to facilitate implementation of adopted redevelopment plans through elimination of the transportation concurrency requirements. The TCEA plan developed under this contract will include strategies for traffic impact mitigation and management, and contribute to the creation of a livable and sustainable downtown community. FISCAL IMPACT: to be paid by CRA Base Contract Amount $ 56,000.00 ~)ptional Elements $ 48,000.00 Total $104,000.00 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: Not endorse establishment of a TCEA at this time, leaving future development proposals to be limited by road capacity and level of service standards. Development Department Director City Manager's Signature Planning and Zoning Director City Attorney / Finance / Human Resources November 24, 2003 Mr. Dale Sugerman Assistant City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida, 33425-0310 Dear Mr. Sugerman: Kimley-Hom and Associates, Inc. ("KHA" or "the Consultant" or "We") is pleased to submit this letter agreement (the "Agreement") to the City of Boynton Beach ("the Client") to provide professional planning and engineering consulting services associated with a proposed amendment to the City of Boynton Beach Comprehensive Plan being considered by city officials to designate a Transportation Concurrency Exception Area (TCEA) for the City of Boynton Beach downtown area. TCEA BACKGROUND It is our understanding that the Boynton Beach Community Redevelopment Agency (CRA) and the City of Boynton Beach ("the City") seek to establish a TCEA within the CRA, its designated urban redevelopment area as defined in 9J-5.0055(6)(a)(2) of the Florida Administrative Code. The City has recently updated the redevelopment plans for the areas integrating mixes of land uses and encouraging multi-modal transportation options. Nonetheless, the plans are expected to create additional vehicular impacts both within the proposed TCEA and the adjacent areas. The intent of the TCEA establishment is to facilitate implementation of these plans through elimination of the transportation concurrency requirements. Instead, the TCEA plan will include strategies for traffic impact mitigation and management, and contribute to the creation of a livable and sustainable community in the downtown Boynton Beach area. Application for a TCEA can only be made by a municipality or the County. The TCEA is adopted as an amendment to the City's Comprehensive Plan and to the Traffic Performance Standards Ordinance (TPSO) which involves an amendment to the County's Comprehensive Plan. These amendments are reviewed by various state and local agencies including adjacent cities, various county departments, the Treasure Coast Regional Planning Council, Florida Departments of Transportation and Community Affairs. 496~ Mr. Dale Sugerman, November 24, 2003, Page 2 of 8 TCEA GOALS The TCEA process will serve many purposes in addition to providing the mechanism to achieve the desired land use plan for the CRA. Mixed-use development within the CRA will promote a larger market for transit. With the anticipated increase in number of downtown city dwellers, there will be an increased demand for bus, rail, and other multimodal transit providers. This demand will reduce the reliance on automobiles for individual transportation needs, and in turn, assist the development of non-automotive modes of transportation such as bicycles or walking. Furthermore, the following economic, social, and environmental goals of the CRA will be made possible by implementation of the TCEA: Increase the quality of urban life through a pedestrian-friendly environment. · Improve conditions for people (cleaner air, friendlier surroundings, and more trees). · Provide a wider choice of transportation and urban life-style options. · Encourage opportunities for economic development by promoting the downtown. · Create safe and attractive streets by reducing the negative effects of motor vehicles on the environment. · Increase property values through redevelopment. · Promote pedestrian, bicycle, and transit use. · Conserve natural resources including energy and land by reducing vehicle trips and single occupancy vehicles. · Build an equitable transportation system. SCOPE OF SERVICES The following scope of services is offered to help the CRA and the City achieve the ultimate vision of the CRA redevelopment plan by amending the City of Boynton Beach Comprehensive Plan to establish a TCEA within the CRA, its designated urban redevelopment area as defined in 9J-5.0055(6) of the Florida Administrative Code and Section 15.(1) N of the Palm Beach County Land Development Code. TCEA TASKS Task 1 - TCEA Definition and Justification The initial step will be to designate the boundaries of the TCEA in accordance with Department of Community Affairs (DCA) Rule 9J-5.005(2). This will involve coordinating with City staff to present consistent area delineation for use in the Comprehensive Plan Amendment and TCEA Applications and to help justify the boundaries in relation to the goals, objectives and policies of the City' s Comprehensive Plan. It is our understanding that the City intends for the Mr. Dale Sugerman, November 24, 2003, Page 3 of 8 proposed TCEA to exclude the CRA areas south of Woolbright Road, north of the Boynton Beach canal, and the area west of Interstate-95. A review of the Existing and Future Land Use Map Data as provided in the existing City Comprehensive Plan will be performed to evaluate the existing and proposed land uses within the CRA. In order to develop traffic projections for the CRA, this evaluation will be supplemented by site-specific land use types and intensities provided by the City and CRA. Vacant land use data as provided by the City or CRA will be utilized to determine applicability of TCEA justification options under Rule 9J-5. Site-specific data or vacant land use data not provided to KHA may have to be compiled (as an Additional Service) by a review of current GIS (Geographic Information System) data available from Palm Beach County. It is a requirement of the Palm Beach County Traffic Performance Standards Ordinance (TPSO) that a Pre-Application Meeting be held as a part of the TCEA procedure. Kirnley-Horn will schedule an initial pre-application meeting to include a technical methodology discussion with representatives of both the Palm Beach County Traffic Division and Planning Division (who will be responsible for inviting other representatives of other agencies or municipalities). We will prepare a methodology document to present the techniques that will be used in the analysis. We will attend the meeting to present the methodology to agency representatives in attendance. Task 2 - TCEA Analysis In accordance with requirements of the Department of Community Affairs (DCA) and Palm Beach County, a traffic analysis will be prepared to address the impacts of the TCEA on the surrounding area, adjacent municipalities and the Florida Intrastate Highway System (FIHS). Information provided by Palm Beach County and other agencies during the Pre-Application and Methodology Meeting will be evaluated for incorporation into the analysis. This is expected to include daily and peak hour analyses and will address short and long range projections of traffic conditions. The long range analysis will involve a 2025 evaluation of traffic conditions in the downtown Boynton Beach area. Up to six (6) intersections will be analyzed (as needed) as part of Task 2. An evaluation of the existing transportation network will be performed, including roadway conditions, available transit options (such as PalmTran routes or access to TriRail service), as well as pedestrian and bicycle facilities. Existing traffic count data will be obtained from the City of Boynton Beach, Palm Beach coUnty, and the Florida Department of Transportation. Based on the land use data provided in Task 1, a trip generation analysis will be undertaken for the proposed CRA land use utilizing trip generation rates from Palm Beach County and current edition of the Institute of Transportation Engineering's Trip Generation Report. Trip generation calculations for unique Mr. Dale Sugerman, November 24, 2003, Page 4 of 8 land uses not specified by ITE or Palm Beach County will be developed using assumptions or acceptable methodology. The Palm Beach County Florida Standard Urban Transportation Model Structure (FSUTMS) for the 2025 analysis year will be modified to appropriately represent the proposed CRA land use plan as defined in Task 1. The FSUTMS model data will be utilized to obtain historical growth information for non-CRA background traffic as well as to assign CRA project trips to the surrounding network. The outcome of this task will be a preliminary TCEA Justification Report including initial recommendations as to mitigation strategies. Task 3 - Agency Meetings and Coordination Based on the initial review of the TCEA Justification Report, additional inter- agency meetings are expected. We have estimated the need for up to six (6) of these meetings, which may include staff meetings, technical meetings, neighborhood workshops and public hearings as authorized by the City. These could include the required public hearings needed to adopt the TCEA application including meetings at County Land Use Advisory Board, County Commission, and relevant City advisory boards and City Commission. Review comments received during agency meetings will be evaluated to determine if updates of the preliminary TCEA justification reports are required prior to transmittal to the Department of Community Affairs (DCA). Up to two (2) updates of the TCEA justification report (assuming no significant modifications to agreed methodology) are envisioned under Task 3. Task 4 - TCEA Mitigation Strategies As part of the TCEA Justification Report, KHA will refine specific mitigation strategies to alleviate the potential impacts of concurrency issues within the study area. The TCEA mitigation plan will include recommendations addressing the following multimodal transportation strategies: · Potential geometric design improvements to both roadway and intersection locations that will increase capacity and improve traffic operations within the study area. · Recommendations for neo-traditional design options, as well as feasible traffic calming measures throughout the study area. Transit Circulator Plan, Bikeway Plan, and a Pedestrian Network Plan. · Potential land use intensity modifications, land use phasing plan, or mixed-use intensity ratio limitations. · Transit Oriented Design (TOD) Recommendations. · Transportation Demand Management/Transportation Demand Initiative (TDM/TDI) alternatives. Mr. Dale Sugerman, November 24, 2003, Page 5 of 8 Illustrative graphics utilizing available software will be prepared to summarize the recommended plans. Mitigation strategies will be prepared in draft format for review by City staff prior to submittal to Palm Beach County or DCA. Task 5 - TCEA Comprehensive Plan Amendmentq KHA will incorporate the proposed strategies and recommendations for transportation operations within and around the TCEA in the Traffic Element of the City of Boynton Beach Comprehensive Plan. In this task, we will work with the City to develop a set of mutually supportive Goals, Objectives and Policies (GOP' s) to guide transportation decision-making related to the implementation of the TCEA in the City. Even though we understand that the City intends to make a substantial modification to the current Traffic Circulation Element, we will review the current element for purposes of identifying any useful portions to carry forward into the updated element or recommend modifications to existing language. GOP's will be developed to address the following matters: Project priorities Funding allocations Potential funding sources Land use patterns Multi-modal approaches Parking provisions Roadway safety Level of service Typical sections for City streets Amenities for transportation users Neighborhood planning Traffic calming Street aesthetics A draft version of the Transportation Element as modified to incorporate TCEA goals, objectives, and policies will be submitted to City of Boynton Beach CRA staff prior to transmittal to Palm Beach County or DCA. Task 6 - TCEA Transmittal Package The finalized traffic analyses, mitigation strategy plan, and updated Transportation Element will be compiled for transmittal to DCA. KHA will attend Transmittal Hearings for the City and County as needed to transmit the TCEA package to DCA. Up to fifteen (15) copies of the transmittal document will be prepared for submittal to DCA. Mr. Dale Sugerman, November 24, 2003, Page 6 of 8 Task 7 - ORC Response Package After transmittal to DCA, a 60-day review window begins for DCA to review the transmittal document, coordinate input from other agencies and offer its Objections, Recommendations, and Comments (ORC) report related to the traffic analyses and Transportation Element updates. KHA will review the ORC report prepared by DCA and prepare a written ORC response. Significant changes in TCEA methodology or previously agreed upon goals, objectives, and policies of the Transportation Element will be discussed with CRA, City and County staff prior to ORC response. Due to the uncertain nature of the extent of DCA's ORC comments, the magnitude of effort to appropriately address them is unknown. We will prepare for and attend Palm Beach County's final adoption hearing to formally approve the TCEA within the designated CRA area. TASKS NOT INCLUDED Them are additional efforts that may be needed to be pursued by the City but have not been included in the core scope for development and adoption of the TCEA and RAC. These efforts include: · Regional Activity Center (RAC) Application · Vacant land inventory · GIS data compilation · Additional traffic analysis or modeling · Attendance at additional meetings beyond those identified above · Additional meetings with DCA · Traffic/system inventory data not made available by the City, County, or FDOT · Update of Future Land Use Map (FLUM) o Comprehensive Plan Impacts to Elements other than the Transportation Element o Consistency of FLUM with CRA Redevelopment Plan · Other Additional Services not described herein SCHEDULE We will provide our services as expeditiously as practical to meet a mutually agreed upon schedule. It is our understanding that the City of Boynton Beach has already filed their TCEA application for Palm Beach County' s Round 1 schedule for 2004 for comprehensive plan amendment related to the TCEA. Mr. Dale Sugerman, November 24, 2003, Page 7 of 8 FEE We will perform the services outlined in Tasks 1 through 4 for a lump sum fee of $56,000 as follows: Task 1 - TCEA Definition and Justification Task 2- TCEA Analysis Task 3- Agency Meetings and Coordination Task 4- TCEA Mitigation Strategies $6,000 $25,000 $7,000 $18,000 Based on the preliminary nature of the requirements of the TCEA Application the following fee estimates are offered for the remaining tasks to be performed on an hourly rate basis: Task 5 - TCEA Comprehensive Plan Amendments Task 6 - TCEA Transmittal Package Task 7 - ORC Response Package $18,000 $10,000 $20,000 All permitting, application, and similar project fees will be paid directly by the Client. 4270 Mr. Dale Sugerman~ November 24, 2003, Page 8 of 8 CLOSURE In addition to the matters set forth herein, our agreement shall include and be subject to, and only to, the terms and conditions of the Continuing Consulting Services Agreement. The term "the Consultant" shall refer to Kimley-Horn and Associates, Inc. and the term "the Client" shall refer to: City of Boynton Beach. If you concur in all the foregoing and wish to direct us to proceed with the services, please have authorized persons execute both copies of this Agreement in the spaces provided below, retain one copy, and return the other to us for our files. Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter. Kimley-Hom appreciates the opportunity to serve the City of Boynton Beach. Please contact Jason Matson or Fred Schwartz if you have any questions. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Jason B. Matson, P.E. Associate FWS:jbm The City of Boynton Beach By: Bryan T. Rapp Regional Business Manager (Print or Type Name) Title: (As Authorized by Law) (Print or Type Name) Official Seal: , Witness P:\85294UB M~BoyntonCRA~BB CRATCEA_ 112403.doc MEMO TO: CRA Board FROM: Susan Vielhauer SUBJECT: Recommendation for a language change for compensation in the CRA Financial Auditor Contract. DATE: November 18, 2003 Linda Dufresne, the outside auditor, is requesting the following change to the issue of compensation to their contract, which allows for progress draws on the Audit Contract. Staff is recommending the CRA Board approve the changes summarized below with the amendment attached, which has been written and reviewed by Legal Staff. In addition, staff will seek input and direction for the Auditor on accounting issues where an expert opinion may be necessary. 4. COMPENSATION: · Compensation for the audits, as defined in Section 1 shall be $ $5,900.00. ' · CPA will invoice the CRA for audit fees as work progresses and will payable on presentation as follows: 70% following completion of substantial amount of fieId wor,'o 30% upon delivery of final report dur=t!cn of thc Contract. It is expressly understood that any incidental 4272 or out-of-pocket costs incurred by CPA are covered by the total compensation and are not to be billed separately, · Fee schedule for audit and additional services (Exhibit A) Invoices received from the CPA pursuant to this agreement will be reviewed and approved by the Controller, indicating that services have been rendered in conformity with the agreement. 4273 EXHIBIT A FEE SCHEDULE Audit Services $5900.00 9/30/03-09/30/0C, Additional Accountinq and Auditin_cl Services $75.00 per hour.~ Arbitracle Rebate Services $1500.00 - $3~000.00 4274 AMENDMENT TO THREE (3) YEAR CONTRACT FOR FINANCIAL AUDITING SERVICES AGREEMENT THIS IS A FIRST AMENDMENT TO AGREEMENT, dated the __ ,2003, between: day of THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, hereinafter referred to as "CRA", And DUFRESNE & ASSOCIATES, a Professional Association, authorized to do business in the State of Florida, hereinafter referred to as the "CPA", In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CRA and CPA agree as follows: Section 1. The Original Agreement entered into on July 8, 2003, shall remain in full force and effect except as specifically amended hereinbelow. Section 2. The PARTIES hereto agree to amend Section 4. COMPENSATION as follows: 4. COMPENSATION: Compensation for the audits, as defined in Section 1, shall be $ $5,900.00. CPA will invoice the CRA for, audit fees as work proqresses and will be_---~' Deleted: work performed upon 1 payable on presentation of an invoice as follows: [ completion of the Audit under this agreement for the duration of the Contract 70% followinq completion of substantial amount of field work, and 30% upon delivery of a final report. It is expressly understood that any incidental or out-of-pocket costs incurred by CPA are covered by the total compensation and are not to be billed separately. · .................................................................... ~ ~ -[ Deleted: ¶ · Fee schedule for audit and additional services are attached hereto as Exhibit "A". Invoices received from the CPA pursuant to this agreement will be reviewed and approved by the Controller, indicating that services have been rendered in conformity with the agreement. Section 3. Exhibit "A" is created to read as attached~ .................. ' ' ' I ~e~et~-. ¶ 4275 Section 4. In the event of conflict or ambiguity by and between the terms and provisions of this First Amendment and the Original Agreement, the terms of this First Amendment shall control to the extent of such conflict or ambiguity. IN WITNESS OF THE FOREGOING, the parties have set their hands and seal the day and year first written above. DUFRESNE & ASSOCIATES, CPA, P.A. BOYNTON BEACH CRA By: By: Chairman Name & Title Witness: Name & Title Witness: LAP/ja Page 2 of 2 C:XDocuments and Setfings\vi¢lhauers. CITY~y Documents~audit~udit Con~'act(Amcndmen£).doc 4276 EXHIBIT A FEE SCHEDULE Audit Services Additional Accountin.q and Auditing Services Arbitrage Rebate Services $5~900.00 09/30/03-09-30-06 $ 75.00 per hour $1500.00 - $3~000.00 4277 MEMO TO: CRA Board FROM: Susan Vielhauer SUBJECT: CSC Committee Recommendation for the RFQ for Financial Advisory Services DATE: December 1,2003 The CSC Committee met at the CRA office on November 6, 2003 to review the RFQ's submitted for Financial Advisory Services. The CSC Committee recommended William Hough & Co. to provide Financial Advisory Services for the CRA on November 20, 2003. The CRA Board voiced concerns on the Lawsuit with Clerk of the Circuit Court of Collier County and tabled this item pending additional information. Staff contracted Julie Turner of William Hough & Co. with these concerns and requested and explanation as well as a request for their Legal Staff to contact Lindsey Payne, Legal Staff for the CRA, which they did. I am attaching the response to this memo for your review. In addition, Lindsey will be prepared to address questions for the CRA Board. In addition, I contacted the references listed in William Hough & Co.'s RFQ with positive results. Staff is seeking CRA Board direction to move forward with scope development and contract negotiations. 4278 Since 1962 100 SECOND AVENUE SOUTH, SUITE 800 ST. PETERSBURG, FLORIDA 33701 4386 (727) 895-8880 (800) 800-0061 FAX: (727) 895-8895 November 21, 2003 Ms. Susan Vielhauer Boynton Beach Community Redevelopment Agency 639 East Ocean Avenue, Suite 107 Boynton Beach, FL 33435 Re: CRA RFQ No. 2003-4 Financial Advisor Services Dear Ms. Vielhauer: Pursuant to your call today for clarification of certain items in our proposal, please see the below: Question 5C - Professional Activities Litigation Employment Matters 1) Involves four former investment bankers disputing the incentive compensation formula under which they were paid their final compensation. William R. Hough & Co. believes the calculations were done correctly and has so advised the complainants. The matter was filed in arbitration and the firm expects to mediate the matter in December. 2) A former investment banker disputed the amount of investment compensation to which he was entitled. The original cause was filed in Pinellas County Circuit Court in October 2002. William R. Hough & Co. moved to have the matter dismissed to arbitration and the parties so stipulated. To date, no claim has been filed in the NASD's Abitration Forum. Customer Matters 1) To avoid costs of litigation, the firm recently agreed to settie a customer matter dealing with the suitability of a variable annuity for a particular client. The matter has now been dismissed from the NASD's Arbitration Forum. 2) Complaint filed in NASD's Arbitration Forum dealing with suitability of mutual fund for a particular client. While the parties have agreed to mediate the matter, William R. Hough & Co. believes it has meritorious defenses. 4279 Other 1) Pending civil matter in which William R. Hough & Co. was named as a third party defendant. The matter involves a disputed transfer of securities, by a joint tenant, from an account at another broker-dealer 'to an account at William R. Hough & Co. The underlying claim alleges another broker-dealer both breached its joint account contract with the Plaintiff and acted negligently in allowing the transfer of assets out of said account without the Plaintiff's knowledge and permission. Attachment 3 -STATEMENT OF PROPOSER'S QUALIFICATIONS - Lawsuits With respect to an advance refunding transaction in Collier County, our firm, as a co-manager along with Raymond James & Associates, Inc., had an action filed against it by the Clerk of Collier County in March, 1999. The claims against this firm relate to a certificate it signed opining as to the market price of escrow securities supplied by another dealer. Our finn filed a motion to dismiss the action. William R. Hough & Co. continues to serve as Financial Advisor to Collier County. Other industry participants were named as defendants in a similar federal class action. In May 2001, to avoid the costs of litigation, the following in'ms entered into a settlement of the federal and state court class actions that has been approved by the U. S. District Court for the Middle District of Florida: A. G. Edwards & Sons, Inc., Credit Suisse First Boston Corp., Dain Rauseher, Inc., Dean Witter Reynolds, Inc., Deutsche Banc Alex. Brown, Inc. as successor to BT Alex.Brown, Inc., Donaldson, Lufkin & Jenrette Securities, Corp., Everen Securities, Inc., First Union Corp. as successor to Corestates Financial Corp., Goldman, Sachs Group, Inc., J.C. Bradford & Co., Lazard Freres & Co., Lehman Brothers, Merrill Lynch & Co., Morgan Stanley & Co., Prudential Securities, Inc., Raymond lames & Associates, Inc., Salomon Smith Barney, Southwest Securities, Inc., Stephens, Inc., Stifel Nicholaus & Co., UBS PaineWebber, Inc., Warburg Dillon Reed, Wheat First Securities, I. nc., and William R. Hough & Co. Please let me know if you have any additional questions or need any clarification. Sincerely, WILLIAM R. HOUGH & CO. Susan Hanlon Associate General Counsel SH/he 4280 Vielhauer, Susan :rom: Sent: To: Subject: Fred. Winterkam p @ ocfl. net Monday, December 01,2003 1:24 PM Vielhauer, Susan RE: William Hough & Co Wm. R. Hough has been serving as Financial Advisor to Orange County since 2000. Hough has assisted the County in several complicated financings related to our world-leading Orange County Convention Center, our sales tax funded County Courthouse and County correctional facilities, and a complete restructuring of the County solid waste program which exists in a very competitive environment. Hough has demonstrated a concern for the long-term interests of the County and Hough has provided exceptional advice on accessing the markets, credit rating issues, and insuring debt. I am confident that Hough has the resources to capably assist your organization. Fred Winterkamp, Manager Fiscal and Business Services Division Orange County ..... Original Message ..... From: Vielhauer, Susan [mailto:VielhauerS~ci.boynton-beach.fl.us] Sent: Monday, December 01, ~2003 1:12 PM To: 'mmiller@ci.orlando.fl.us. Cc: 'cgarcia~hollywoodfl.org.; 'twalker@miamibeach.fl.gov,; 'hkunik~capecoral net'; WinterkamD, Fred ' Subject: William Hough & Co ~ood Afternoon, I am with the Boynton Beach Community Redevelopment Agency and we placed an RFQ for Financial Advisory Services~ William Hough & Co responded to the RFQ and listed each one of you as references. If possible, could you take a few minutes and let me know how they are doing for your organization and governments. I will be past on to my Board. Thanks You, Susan Vielhauer Controller 4281 Page 1 of 1 Vielhauer, Susan From: Mickey. Miller@ ci.oriando.fl.us Sent: Monday, December 01,2003 3:10 PM To: Vielhauer, Susan Subject: Re: William Hough & Co The City has a long standing relationship with Hough & Co. as both FA and lB at various times. Hough is one of the leading FA's in the stateand has considerable experience with various CRA districts. Hough has been involved in several Orlando CRA transactions. "Vielhauer, Susan" <VielhauerS@ci.boynton- beach.fi.us> 12/01/2003 01:11 PM To "'mmiller@ci.orlando.fl.us"' <mmiller@ci.orlando.fl.us> "'cgarcia @ hollywoodfl.org '" <cgarcia @ hollywoodfl.org>, "'twalker@ miamibeach.fl.gov'" <twalker@ miamibeach.fl.gov>, cc "'hkunik@capecoral.net'" <hkunik@capecoral.net>, "'fred.winterkamp @ co.orange.fl.us'" <fred.winterkamp @ co.orange.fl.us> Subject William Hough & Co Good Afternoon, I am with the Boynton Beach Community Redevelopment Agency and we placed an RFQ for Financial Advisory Services. William Hough & Co responded to the RFQ and listed each one of you as references. If possible, could you take a few minutes and let me know how they are doing for your organization and governments. I will be past on to my Board. Thanks You, Susan Vielhauer Controller 4282 Page 1 of 1 Vielhauer, Susan From: Howard Kunik[hkunik@capecoral.net] Sent: Monday, December 01,2003 3:23 PM To: Vielhauer, Susan Subject: RE: William Hough & Co Hi susan The team from hough that work with us are Julie turner and candle mortenson...both are very capable and responsive to our needs...I find our relationship to be compatible and they offer the full range of services required for our growing community...recently, they assisted in two major refinancings and presentations before rating agencies for upgrades to our general obligation rating and receiving favorable water & sewer ratings...I hold heartedly recommend their services Howard Kunik Assistant city manager Cape coral 239 574-0457 ..... Original Message ..... From.' Vielhauer, Susan [mailto:VielhauerS@ci.boynl:on-beach.fl.us] Sent.' Monday, December 01, 2003 1:12 PM To.' 'mmiller@ci.orlando.fl. us' Cc.' 'cgarcia@hollywoodfl.org'; 'twalker@miamibeach.fl.gov'; Howard Kunik; 'fred.winterkamp@co.orange.fl.us' Subject.' William Hough & Co Good Afternoon, I am with the Boynton Beach Community Redevelopment Agency and we placed an RFQ for Financial Advisory Services. William Hough & Co responded to the RFQ and listed each one of you as references. If possible, could you take a few minutes and let me know how they are doing for your organization and governments. I will be past on to my Board. Thanks You, Susan Vielhauer Controller 4283 Vielhauer, Susan From: Sent: To: Subject: CARLOS GARCIA [CGARCIA@ hollywoodfl.org] Tuesday, December 02, 2003 7:52 AM Vielhauer, Susan Re: William Hough & Co -100.0 We just closed on $114 million water and sewer transaction that was extremely difficult since Hollywood has been in litigation with one of its large users, the City of Pembroke Pines. Our contact person at Hough, Sonya Little, did an outstanding job and kept us on track at all time. The fact that they have first hand knowledge of market conditions, since other members of the firm trade munis, helped us to get an extremely low interest rate, 4.2%. I highly recommend them. >>> "Vielhauer, Susan" <VielhauerS~ci.boynton-beach.fl.us> 12/1/2003 1:11:38 PM >>> Good Afternoon, I am with the Boynton Beach Community Redevelopment Agency and we placed an RFQ for Financial Advisory Services. William Hough & Co responded to the RFQ and listed each one of you as references. If possible, could you take a few minutes and let me know how they are doing for your organization and governments. I will be past on to my Board. Thanks You, Susan Vielhauer Controller IX. New 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 proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 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 Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to re.a.qonahlv Memo To: From: Subject: Date: CRA Board Doug Hutchinson - Executive Director Consideration of Burkhardt Construction Contract amendment for Authorization of up to 100% construCtion Documents December 1,2003 Denise Haynes will be presenting to the CRA Board a project update and details for the next phase of the Boynton Beach Boulevard/ Riverwalk / Promenade Project. Attached is the change order from Burkhardt Construction for Change Order #2 Boynton Beach Boulevard / RivenNalk / Promenade Project. This change order will authorize up to 100% construction documents. Legal Staff has reviewed the documents and approved them. 4285 December 9, 2003 Mr. Douglas Hutchin.qon -. Director Boynton Beach Community Redevelopment Agency 639 East Ocean Ave. Boynton Beach, Florida 33435 ge~ Boynton Beach Boulevard Extension Design Services for Roadway Improvements Dear Dennis: After our successful selection to provide the Design/Build services for the Boynton Beach CRA's exciting projects along Boynton Beach Boulevard, Burkhardt Construction, Inc./Kimley-Hom and Associates, Inc. (KHA) is pleased to submit this proposal. To date our services have included the production of design development documents for the roadway section of the project. These documents have solidified the roadway horizontal improvements, landscape design, and identified the gateway into the'project. Now that this task has been approved by the CRA, we need to continue our efforts in moving the project forward by having the CRA approve the next step in the project. The next step includes preparing the construction drawings for the roadway segment of the project. This task will also include submittal of the permit applications for this segment of the project. Additionally, we will need to obtain additional survey and geotechnical information to allow us to complete the 30% plans for the Promenade and Riverwalk segments of the project. I have attached the aforementioned scope and fee for your review and comment. It should be noted that tasks 1.2, 1.4 & 3.12 are related to City Utilities and shaft be invoiced separately for reimbursement by same. We look forward to continue working with you on this exciting project. Cordially, BURKHARDT CONSTRUCTION, INC. Dennis E. Haynes Vice President EXHIBIT F CHANGE ORDER NO. CHANGE ORDER CONTRACT NO. BBB 2003-1 TO: BURKHARDT CONSTRUCTION,:.INC. 1400 ALABAMA AVE., #20 WEST PALM BEACHr FL 33401-7048 DATE: DECEMBER 9, 200~3 BOYNTON BEACH BLVD. EXTENSION, PROJECT NAxME PROMENADE AND RIVERWALK PROJECT PROJECT NO. BBB 2003-1 Under our AGREEMENT dated JUNE 26 ,2C, 03 You hereby are authorized and dii-bcted to make the following change(s) in accordance with terms and conditions of the Ag-reement: THREE HUNDRED, THIRTY-EIGHT THOUSAND FOR THE (Additive) (Deductive) Sum of: FIVE HUNDRED EIGHTY & 00/100 ($ 338,580.00 ). Original Agreement Amount Sum of Previous Changes $ 115,800.00 352,250.00 This Change Order (Add) $ 338,580.00 Present Agreement Amount 806,630.00 The time for completion shall be (increasedgu~~) by ninety( 90 ) calendar days due to this Change Order. Accordingly, the Contract Time is now N.A. ( ) calendar days and the final completion date is N.A. · Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to this Agreement shall constitute a full and final settlement of any and all claims ar/sing out of or related to the change set forth herein, including claims for impact and delay costs. The Contract Administrator has directed the Contractor to increase the penal sum of the existing Performance and Payment Bonds or to obtain additional bonds on the basis of a $25,000.00 or geater value Change Order. Check if applicable and provide written confirmation from the bonding company/agent (attorney-in- fact) that the amount of the Performance and Payment bonds have been adjusted to 100% of the new contract amount. By: Architect/Engineer By: Owner Boyr~on Be~ch CRA, N~b~ 21. p~ 2 Exhibit "A' SCOPE OF SERVICES Task 1 - Survey 1.1 Submerged Land Survey" The consultant will obtain a specific purpose survey that identifies the latracoastal Waterway depths at 100-foot intervals. The extent of these sounding shall include the extension of the Boynton Beach Roadway limits north to the limits of the CRA's property. The soundings shall extend fi:om the existing mangroves east to the lntracoastal Waterway. This survey shall also identify the limit~ of the CRA's submerged property. 1.2 Pump Station Survey (To Be Reimbursed By City Utilities) The consultant shall obtain a specific purpose survey that identifies the topographic features of the old wastewater pump station area. This survey will include the location of surface features, inverts and locations of storm/sanitary structures, spot- elevations at 50-foot intervals, and providing a boundary of the property. This survey is required for the design of the parking lot/staying area. 1.3 Relax Inn Survey The consultant shall obtain a specific purpose survey that identifies the topographic features of the existing site located in the southeast quadrant of the Boynton Beach Boulevard/Federal Highway intersection. This survey will include the location of surface features, inverts and locations of storm/sanitary structures, spot-elevations at 50-foot intervals, and providing a boundary of the property. 1.4 Federal Highway Survey (To Be Reimbursed By City Utilities) The consultant shall obtain a specific purpose survey that identifies the topographic features of Federal Highway for one block north of the Boynton Beach Boulevard intersection~ This survey will be utilized for the design of the proposed watermain upgrades and the under grounding of the existing overhead utilities. This survey will include the location of surface features, inverts and locations of storm/sanitary structures, cross sections at 100-foot intervals and stationing along the roadway. Boyaton Beach CRA, November 21, Page Task 2 - Geotechnical Investigations 2.1 Monument Structures Two structures are proposed with a maximttm above grade height of 250 feet. One will be near the tearer of the propos~ed cul-de-sac and the other will be near the end of the wood chip road and the Intra~oastal Waterway. One (1) boring per proposed location will be provided. These borings will be located as close to the proposed center of the structure as possible. The depth of each boring will be 60 feet or until'a minimum of 5 feet of consecutive 25 blow counts (or better) material is encountered. If the Geotechnical Engineer feels that there is enough suitable material encountered, a maximum boring depth of 100 feet can be held. For the monumental structures, the gateway features and the promenade, a report with the following minimum information will be provided: soil parameters encountered, boring logs, allowable bearing capacities, internal angles of friction, cohesion values, lateral coefficients, allowable skin friction values, unit weights, and water table elevations along with suggestions for foundation preparation, removal of unsuitable material, considerations for placing of driven concrete piling, and considerations for placing of auger cast concrete piling. 2.2 Gateway Features . Two gateway features are proposed with two foundations each to a maximum above grade height of 40 feet. They will be located on each side (north and south) of Boynton Beach Boulevard just east of Federal Highway. One (1) boring per proposed foundation location will be provided. At a minimum the depth of each boring should be 40 feet. The approximate locations are designated on the plans. The location shown is near the proposed structure without encroaching into the existing sidewalk. 2.3 Promenade The Promenade is located from the proposed cut-de-sac of Boynton Beach Boulevard east to the Intracoastal Waterway. One (1) boring approximately every 100 feet along the proposed route of the promenade will be provided. The depth of each boring should be 40 feet with a water elevation recorded at each boring location. The borings shall be taken as close to the proposed centerline of the promenade while talcing care to avoid existing underground utilities. A Q Oth Boym~r~ Beach CRA, November 2 I, Page 4. 2.4 Riverwalk The Riverwalk is located along the Intxacoastal Waterway west shore line north of the end of the Promenade. One (1) boring approximately every 50 feet along the proposed route of the Riverwalk (approximately 1100 feet) will be provided. The depth of each boring should be 40 feet with a water depth recorded at each boring location~ The borings shall be take~ on alternating sides of the proposed Riverwalk. These borings will require a barge mounted rig to obtain the data. 2~ Hydraulic Conductivity Hydraulic Conductivity values will be required to design the proposed exfiltration trench in accordance with the South F/orida Water Management Basis of Design~ The following test locations will be obtained: One between Federal Highway (US 1) and NE 6th Court. One between NE 6th Court and the proposed cul-de-sac. One just south (in the road right of way) of the cul-de-sac. One in the Promenade section between the cul-de-sac and the end of the existing wood chip road. 2.6 Pavement Design and Muck Location Pavement design recommendations will be provided for the proposed roadway and promenade sections. These sections will include: The section between Federal Highway (US 1) and NE 6th Court. The section fi-om NE 6th Court to and including the cul-de-sac. The Promenade (fi-om the cul-de-sac to the Intracoastal Waterway). Task 3 - Construction Docnment.~ Based upon the approved Design Development ali~ment (30% plans), the Consultant will proceed with construction documents for the Boynton Beach Boulevard extension segment of the project. The construction document set will include the following: 3.1 Cover Sheet A cover sheet utilizing the standard Boynton Beach CRA cover sheet will be provided. 3.2 Typical Roadway Sections Typical sections will be prepared, detailing the proposed work for mainline and cross street construction. It is anticipated that two typical sections will be required, one typical describing construction on Boynton Beach Boulevard west of 6t~ Street and one east of 6th Street. Boynton Beach CRA. lqoveml~a' 21, Page 3.3 3.4 3.5 3.6 · 3.7 3.8 Plan and Profile Sheets Horizontal ali~gnmc~s and geometric improvements will be detailed on the plan sheets. Proposed mainline and cross street vertical profile grades will be detailed on the plan sheets, General Notes General notes defining the basis of design and construction requirements will be provided. Drainage Improvements Based upon the calculations that were conducted during the design development phase of the project, drainage imwovements will be detailed on the plan and profile sheets. Inlet types, locations, and elevations will be identified on the construction drawings. Additionally, pipe lengths, sizes, and diameters will be identified on the drawings. Landscape, Hardscape and Irrigation Improvements Landscape and irrigation layouts will be provided as outlined within the approved Design Development submittal. Included will be the mainline layout of the irrigation system for the project. Gateway/Entry Features Plans, sections and details for the project gateway/entry features and the monument on the east end of the project will be provided in the construction documents. These details will be in accordance with Option "1" of the Schematic Design that was approved by the CRA. Pedestrian Lighting Improvements Pedestrian lighting layouts will be provided based on a recommended foot candle illumination level developed by the CRA and the consultant team_ The lighting will be in accordance with the existing lighting that is located in the park adjacent to the project. CRA, Nove~' 21, Pag~ 6 3.9 Intersection Improvements There are two smaller intersections that will be improved as part of this project. The significant intersection is located at the intersection of US-1 and Boynton Beach Boulevard. No si~a! modifications/additions will be required as part of this project fo~ the US-1 intersection. The two smaller intersections are both along Boynton Beach Boulevard and are at the intersection of NE 6t~ Street and the entrance into the new development at the marina. 3.10 Miscellaneous Drainage Details 3.11 3.12 These sheets will provide construction details that are not included in the Florida Department of Transportation Standard Indexes or City of Boynton Beach details. Miscellaneous Construction Details These sheets would provide construction details, which are not included in the Florida Department of Transportation Standard Indexes, or City of Boynton Beach details. Watermain/Sanitary Sewer Plans and Details (To Be Reimbursed By City Utilities) These plan sheets will include necessary information for construction of the waterline improvements that will connect the Marina Village project to the City's watermain. The watermain improvements will include extending a 1 O-inch watermain fi:om the entrance of the Marina Village project to Federal Highway. The 1 O-inch watermain will then extend north along Federal Highway to 4th SWeet and connect into an existing watermain. Additionally, a 24-inch sanitary sewer will be designed fi:om the entrance of the Marina Village project to connect into the existing manhole located within the comdor to allow the Marina Village to abandon the existing 24- inch sanitary sewer within its property. Construction details, which are not included in the City of Boymon Beach standard details, will be provided. 3.13 Signing and Pavement Marking Plans Construction plan sheets indicating typical signing and pavement marking applications to be applied within the project limits will be provided in the plan set. Boynton Beach CPA, Nowcm~- 21, P~ 7 3,14 3.15 Electrical Plans and Details These sheets will identify lighting semce point details, streetlight poles, hghting circuits, mounting height, and wattage as well as the coded notes from wiring schematics. Additionally, lighting for the landscape areas and special feature will be prov.!ded. Relax Inn Parking Lot Improvements Construction plan sheets indicating typical parking lot layout, signing and paveanent marking, and minimal landscaping will be provided for a proposed parking lot on the Relax Inn site. These improvements will be designed with minimal acceptable City code standards for use as a temporary parking lot and staging area for the construction activities of the Boynton Beach Boulevard project. Drainage improvements will be included for this site that tie into the overall street.scape design project and permitting. Construction Plan set summary of estimated sheets: Cover Sheet Typical Sections Plan and Profile Sheets (Roadway) General Notes Miscellaneous Construction Details Miscellaneous Drainage Details Utility Plans and Detail.q Si~tming and Pavement Marking Plans Landscape Horizontal Control Plans Intersection and Area Enlargements Irrigation Plans and Details Electrical Plans and Details Hard/Softscape Details Gateway and Entry Feature Plans and Sections Relax Inn Paring Lot Improvements 1 1 3 1 2 2 3 3 3 3 3 3 3 4 1 Total Number of Sheets 36 The Consultant will provide 10 copies of the construction document plan sets to the CRA for distribution to the appropriate departments for their review. After sufficient review time, a meeting will be scheduled with CRA to review the final design plans. Boya~ Be~c~ CRA, Novem~e~ 21, P~ 8 Task 4 - Gateway and Promenade Monument Desi_on The Consultant will provide footing, foundation, and structural design for the Gate-~vay entry into the Boynton Beach Boulevard entrance located at the intersection of Federal Highway. This gateway will be as per option"l" in the Schematic Design workbook. Additionally, the Consultant will provide footing, foundation, and structural design roi the entry from Boynton Beach Boulevard extension onto the Promenade. The third element of this task will include the structural foundation design for the monument structure that will be located in the center of the cul-de-sac area at the eastern end of the Boynton Beach Boulevard extension area. The information included in the design of this task consists of the following: 2. 3. 4. 5. 6. 7. StmcU~al Analysis Connection details Individual member details Material selection Foundation requirements Fabrication details Assembly details Task 5 - Specifications It is intended that the Florida Department of Transportation technical Specifications be used for this project. Supplemental Technical Specifications will be prepared by the Engineer that will address construction elements not addressed in said standard technical specifications or that are included but require modifications to make them project specific. These Supplemental specifications will be forwarded to the CRA for review and approval. Task 6 - Permit Submittals All permit fees will be paid directly by the CRA and are not included in the lump sum fees. Any si~ificant plan revisions caused by changing agency criteria atter our initial design is reviewed with each appropriate agency and similar factors outside the consultant's control, additional meetings or coordination will be considered as Additional Services. It is anticipated that permits will be required for this phase of the improvements 15om the following agencies: 5.1 5.2 5.3 5.4 5.5 5.6 5.7 South Florida Water Management District (SFWMD) United States Army Corp of Engineers (USACE) Florida Department of Environmental Protection (FDEP) Florida Department of Transportation (FDOT) Palm Beach County Traffic Engineering City of Boynton Beach Utilities Boynton Beach Engineering B,oy'nmn Beach CRA, Nov~nbe:r 21, Page Task 7 - Public Meetings and Presentations Our proposal includes attendance at one Pubhc meeting (CRA Board Meeting) in addition to the meetings that are described within the above tasks. The consultant shall prepare graphics for and preset the plans to the CRA board at the completion of the construction documents. The intent of this meeting is to review the proposed improvements as well as disenss the project cost and schedule. Task 8 - Utility Conversion Coordination The Consultant will coordinate with the various utility companies the relocating of the systems underground. The new underground facilities will need to be located on our construction documents to minimize conflicts with roadway, utilities, drainage and beautification improvements. Therefore, the coordination of the overhead conversions to underground will continue during this phase of the project. Task 9 - Pot Hole Verification of Utility Locations The Consultant will hire a sub consultant to verify the horizontal and vertical locations of the utilities within the corridor where proposed improvements could interfere with existing utilities. Up to 20 pothole locations will be coordinated and the locations obtained to assist with the development of the construction drawings. Once the pothole information is obtained, the resulting data will be added to the construction drawings and utilized as part of the design process. ADDITIONAL SERVICES Upon your authorization, we will provide any additional services that may be required beyond those described in Task l through 4. These services may include but are not limited to such items as the following: Preparation of right of way acquisition sketches or descriptions. Significant redesigns of the drainage system to meet additional SFWMD requirements caused by changing agency criteria after our initial design is reviewed with each appropriate agency and similar factors outside the consultant's control. Making traffic counts or undertaking other traffic related analysis. Traffic signal plans. · Design of habitable structures including museum and theater facilities. · Mitigation Plan.q, Boynton Beach CRA, N~vember 21, Pag~ 10 COMPENSATION We will provide the scope of services as described as outlined below. Basic Services Lump Sum Amount Task 1 - Survey .................................................................................... $11,000 Task 2 - Geoteehnical Investigations ....... ~ ............................................ $54,500 Task 3 - Construction Documents .................................................... $127,500 Task 4 - Specifications ........................................................ $9,500 Task 5 - Gateway and Promenade Monument Design .......................... $82,000 Task 6 - Permit Submittals ......... ~ ........................................................ $11,000 Task 7 - Public Meetings and Presentations ......................... $15,080 Task 8 - Utility Conversion Coordination ....................... $5,200 Task 9 - Pot Hole Verification of Utility Locations ............................... $7,800 Expenses Total .............................................................................. $15,000 $338~80.00 SCHEDULE We will provide the services outlined above as expeditiously as possible to meet a mutually agreed upon schedule. AgQ'7 From: To; Project: Engineer: Plans: Initial Opinion Of Probable Cost Updated Through December 1, 2003 Burkhardt Construction, Inc. 1400 Alabama Ave. #20 West Palm Beach, FI. 33401 Att: Dennis E. Haynes Tel: (561) 659-1400 Fax: (561) 659-1402 Boynton Beach Community Redevelopment Agency 639 East Ocean Ave., Suite #107 Boyrrton Beach, FL. 33435 Att: Douglas Hutchinson, Director Tel: 737 - 3256 Fax: 737 - 3258 C.R~A. Project # BBB2003-1, Design Build Procurement Boynton Beach Blvd. Extension, Promenade And Riverwalk Phase I Boyonton Beach Blvd Extension From Federal Highway To Cul De Sac/Promenade Entry Kimley - Horn And Associates, Inc. 4431 Embarcadero Ddve West Palm Beach, FI. 334070 Sheets SP-1 And SP-2, Dated 11/25/03~ Sheets 1, 2.1,3,1,4.1,4.2, 4.3, 5.1,5.2, 5.3, 6.1,6.2, 6.3, 7.1,7.2,8.1, SP-1, SP-2, SP-1, SP-2, IR-l, IR All Sheets Dated 11/19/03 Except 6.1 & 6.2 Dated 11/6/03, 7.1 Dated 10/6/03, 7.2 Dated 11/6/03 SP-1 Dated 11/20/03, Sp-2, SP-1, SP-2, IR-l, IR-2 & E-l, Dated 11/26/03 24 Sheets Total, All Prepared By Kimley-Hom And Associates, Inc. Geotechnical Engineering Services Report By Tiera, Dated Nov. 20, 2003 Item Description Quantity Unit Price Amount Mobilization/General Conditions Mobilization/General Conditions Maintenance of Traffic Maintenance Of Traffic Clearing and Grubbing Site Clearing Grubbing And Disposal $ 475,000.00 1 LS $ 475,000.00 $ 475,000.00 $ 45,000.00 1 LS $ 45,000.00 $ 45,000.00 $ 27~000.00 1 LS $ 27,000.00 $ 27,000.00 Grading Roadway Grading Unsuitable Subsoil Excavation & Removal Roadway Fill/Compaction Excavation For Landscaping Fine Grading Final Dressing/Cleanup 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS $ $ $ $ $ $ 15,000.00 35,000,00 73,50O.OO 5,500.00 7,000.00 10,000.00 $ 146~000.00 $ 15,000.00 $ 35,000.00 $ 73,500.00 $ 5,500.00 $ 7,0O0.00 $ 10,000.00 Storm Drainage P-9 Curb Inlet C Catch Basin Valley Gutter Inlet Manhole Exist MH Adjustments French Drain 15" HDPE 1lEA 2EA lEA 2EA 13EA 240 LF 640 LF $ $ $ $ $ $ $ 3,250.00 1,750.00 1,750.00 2,250.00 700.00 75.00 50.00 $ 104~600.00 $ 35,750.00 $ 3,500.00 $ 1,750.00 $ 4,500.00 $ 9,100.00 $ 18,000.00 $ 32,000.00 Subgrade & Base & Asphalt 6" Limerock Base 8" Limerock Base 12" Stabilized Subgrade Asphalt 4850 SY 5220 SY 8755 SY 350 TON 9.00 12.00 5.00 70.50 $ 174,740.00 $ 43,650.00 $ 62,640.00 $ 43,775.00 $ 24,675.00 Concrete Work Type "F" Curb & Gutter Type "D" Curb 12" Header Curb Valley Gutter Landscape Planter Coping 600 LF 1545 LF 135 LF 760 LF 1302 LF $ $ $ $ $ 14.00 14.00 20.00 23.00 55.00 $ 121,820.00 $ 8,400.00 $ 21,630.00 $ 2,700.00 $ 17,480.00 $ 71,610.00 Surface Trea'a~ent Precast Roadway Pavers Roadway Paver Modifications (U.S.1) Precast Sidewalk Pavers 17290 SF $ 6.50 1LS $ 15,000.00 43400 SF $ 6.00 $ 387~785.00 $ 112,385.00 $ 15,000.00 $ 260,400.00 Hardscape Tree Pits Cylindrical Planter Edging Screen Walls 40EA $ 750.00 1302 LF $ 125.00 500 LF $ 300.00 $ 342~7S0.00 $ 30,000.00 $ 162,750.00 $ 150,000.00 Furnishings Socrates Bench Litter Bin Removeable Bollards Modular Bench Newsracks 2O Ea 20 Ea 14 Ea 400 LF 10 Ea $ 2,500.00 $ 1,600.00 $ 1,500.00 $ 200.00 $ 1,000.00 $ 193~000,00 $ 50,000.00 $ 32,000.00 $ 21,000.00 $ 80,000.00 $ 10,000.00 Architectural Features and Sculpture Entry Feature Landmark Architectural Feature Art Sculpture 2EA 2EA 6EA T.B,D T.B.D T.B.D $ $ $ Electrical & Street Lighting Street Lighting Pole #1 (25'Ht.) Street Lighting Pole #2 (13' Ht.) Uplighting Sculpture Lighting Architectural features Lighting Vendor Power Outlets Multi-use Restroom Electrical Electrical Service Points Conduit, VViring, Puli Boxes 12 Ea $ 7 Ea $ 172 Ea $ 24 Ea $ 1 LS 30 Ea $ ILS $ 3 Ea $ ' 1LS $ 4,200.00 3,850.00 600.00 60O.OO 50,000.00 850.00 30,000.00 9,500.00 65,000.00 393,950.00 5O,400.0O 26,950.00 103,200.00 14,400.00 50,000.00 25,500.00 30,000.00 28,50O.0O 65,000.00 Landscaping Live Oak Trees Mahogany Trees Red Maple Trees Royal Poinciana Trees Purple Tabebuia Trees Gumbo Limbo Trees Royal Palm Trees Veitchia Palm Trees Medjool Date Palm Trees Sabal Palm Trees 3-Gal. Plants/Shrubs 1-Gal. Plants/Ground Cover/Flowering Plants Sod Root Barder Planting Soil Mulch Fertilizer Tree Bracing 40 Ea $ 2,000.00 18 Ea $ 750.00 8 Ea $ 750.00 6 Ea $ 550.00 5 Ea $ 700.00 8 Ea $ 750.00 24 Ea $ 2,500.00 30 Ea $ 700.00 6 Ea $ 5,000.00 8 Ea $ 225.00 1000 Ea $ 15.00 2000 Ea $ 7.00 50OO SF $ 0.40 1302 LF $ 11.00 75O CY $ 30.00 100 CY $ 30.00 1 LS $ 2,000.00 1 LS $ 5,000.00 $ 302 922.00 $ 80 000.00 $ 13 500.00 $ 6 000.00 $ 3.300.00 $ 3 500.00 $ 6 000.00 $ 60 000.00 $ 21 000.00 $ 30 000.00 $ 1,8O0.00 $ 15,O00.00 $ 14,000.00 $ 2,000.00 $ 14,322.00 $ 22,500.00 $ 3,000.0O $ 2,000.00 $ 5,000.00 Irrigation Piping, Main Lines, Zone Lines & Heads Valves, Controller & Time Clock Electrical Service/Connection Water Service/Connection 1 LS 1 LS 1 LS 1 LS $ 25,000.00 $ 6,500.00 $ 4,000.00 $ 2,500.00 $ 38,000.00 $ 25,000.00 $ 6,5OO.OO $ 4,000.00 $ 2,5OO.OO Building Features Bus Shelters Multi-use RstrmJSecurftyFl'icketJStorage Bldg. 1 Ea 1 Ea $ 40,000.00 $ 5O0,000.00 $ 540~000.00 $ 40,000.00 $ 500,000.00 Signing & Striping S~ping Signage Signalization Modifications ~ U.S.# 1 Mast Arm Poles Con, oiler Cabinets Wiring and Electrical Connection Loop Detectors $ 20,000.00 1 LS $ 15,000.00 $ 15,000.00 1 LS $ 5,000.00 $ 5,000.00 $ 218,500.00 1 LS $ 180,000.00 $ 180,000.00 ILS $ 30,000.00 $ 30,000.00 1 LS $ 5,500.00 $ 5,500.00 1 LS $ 3,000.00 $ 3,000.00 Contingency $ 350~000.00 10% Of Construction Value 1 LS $ 350,000.00 $ 350,000.00 Total Opinion Of Probabl~ Cost $ 3,881,067.00 Special Provisions Price Is For Extension Of Boynton Beach Blvd. From Federal Highway To Cul-De-Sac/Entry To Promenade Only. Upon Completion Of 30% Drawings For Promenade/Riverwalk O.P.C. For Those Sections Shall Be Presented. Price Does Not Include Cost Of Custom Architectural Features Such As; Gateway Ent~ Features, Sculptural Art Displays Or Landmark Architectural Features. Price Does Not Include Costs Associated With City Utility Installations Within The PJW Price Does Not Include Relocation Or Undergrounding Of Franchise Utilities. Upon Receipt Of F.P.L./Bell South Design O.P.C. Shall be Prepared. Price Does Not Include Temporary improvements For "Relax-Inn" Site Or Temporary Construction Acces Road. See Separate Proposal For These Items. From: To: Project: Engineer: Initial Opinion Of Probable Cost Updated Through December 1, 2003 Burkhardt Construction, Inc. 1400 Alabama Ave. ~20 West Palm Beach, FI. 33401 Att: Dennis E. Haynes Tel: (561) 659-1400 Fax: (561) 659-1402 Boynto~ Beach Community Redevelopment Agency 639 East Ocean Ave., Suite #107 Boynton Beach, FL. 33435 Att: Douglas Hutchinson, Director Tel: 737 - 3256 Fax: 737 - 3258 C.R.A. Project # BBB2003-1, Design Build Procurement Boynton Beach Blvd. Extension, Promenade And Riverwalk Relax Inn Site Improvements KJmley -Hom And Associates, Inc. 4431 Embarcadero Drive West Palm Beach, FI. 334070 Plans: None Item Description Quantity Unit Price Amount Mobilization/General Conditions Mobilization/General Conditions Maintenance of Traffic Maintenance Of Traffic 1 LS $ 15,000.00 1 LS $ - 5,000.00 5,000.00 - Clearing and Grubbing Site Cleadng Grubbing And Disposal 1 LS $ $ 2,000.00 $ 2,000.00 2,000.00 4302 Grading Site Grading Final Dressing/Cleanup 1 LS 1 LS 3,250.00 1,500.00 $ 4~750.00 $ 3,250.00 $ 1,500.00 Storm Drainage C Catch Basin Manhole Tie-in To Existing Drainage French Drain 15" HDPE 2EA lEA lEA 150 LF 150 LF $ $ $ $ $ 1,750.00 2,250.00 1,000.00 75.00 50.00 $ 257500.00 $ 3,500.00 $ 2,250.00 $ 1,000.00 $ 11,250.00 $ 7,500.0O Subgrade & Base & Asphalt 6" Limerock Base (Parking Lot) 8" Limerock Base (Access Road) 12" Compacted Subgrade Asphalt, 1' 1/2 In. (Access Road) Asphalt, 1 In. (Parking Lot) 2250 SY 1500 SY 3750 SY 125 TON 125 TON $ $ $ $ $ 9.00 12.00 1.50 70.50 70.50 $ 617500.00 $ 20,250.00 $ 18,000.00 $ 5,625.00 $ 8,812.50 $ 8,812.50 Concrete Work Type "D" Curb 600 LF $ 14.00 $ 8,400.00 8,400.00 Electrical & Street Lighting It Is Anticipated That Existing Street Lighting Will Suffice. No Additional lighting Is Included Landscaping Live Oak Trees 3-Gal. Plants/Shrubs Sod Planting Soil Mulch Fertilizer Tree Bracing 22 Ea 340 Ea 1250 SF 15 CY 10 CY 1 LS 1 LS 250.00 15.00 0.40 30.00 30.00 250.00 300.00 $ 12~400.00 $ 5,500.00 $ 5,100.00 $ 500.00 $ 450.00 $ 300.00 $ 250.0O $ 300.00 Irrigation Piping, Main lines, Zone Lines & Heads Valves, Controller & Time Clock Electrical Service/Connection Water Service/Connection 1 LS 1 LS 1 LS 1 LS $ $ $ $ 3,000.00 1,500.00 750.00 1,500.00 $ 6,750.00 $ 3,000.00 $ 1,500.00 $ 750.00 $ 1,500.00 Fencing 6 Ft. Ht. Fence Gates 600 LF 2 Ea $ $ 12.00 200.00 $ 7~600.00 $ 7,200.00 $ 400.00 Signing & Striping Striping Patldng Lot Signage Project Sign 1 LS $ 1 LS $ 1 LS $ $ 1,250.00 $ 500.00 $ 2,500.00 $ 1,250.00 500.00 2,500.00 Total Opinion Of Probable Cost 148,150.00 Memo To: From: Subject: Date: CRA Board Doug Hutchinson - Executive Director Consideration of Contract for the Independent Feasibility Study for the Savage Creatures of Ancient Seas Proposal. December 1, 2003 The contract for the Independent Feasibility Study for the Savage Creatures of Ancient Seas Proposal from the Bakers Leisure Group is attached for review and approval by the CRA Board. The scope of services within the contract is comprehensive and will provide good direction for the project. In addition, the original budget was for $75,000, while this contract is for $50,000 plus expenses. Further, note the short turn around of 8 to 10 weeks. This contract has been reviewed by Legal Staff and approved prior to the CRA Board receiving the documents. Boynton Beach Community Redevelopment Agency Feasibility Assessment Proposal AGREEMENT FOR SERVICES REDEVELOPMENT AGENCY BOYNTON BEACH COMMUNITY THIS IS AN AGREEMENT made effective as of , 2003 between Boynton Beach Community Redevelopment Agency (hereinafter "CLIENT") and Baker Leisure Group LLC (hereinafter "BLG") located at 5401 Kirkman Road, Suite 610, Orlando, FL 32819. 1. SCOPE OF SERVICES BLG shall provide the Scope of Services identified at Attachment A with respect to the feasibility study for the Savage Creatures of the Ancient Seas Museum. 2. COMPENSATION BLG shall submit invoices to the Client using the fee schedule at Attachment B. Payment shall be made within 30 calendar days. Any special compensation provisions shall be set forth in Attachment B. 3. TERM AND SCHEDULE The term of this Agreement and schedule for performance shall be as set forth at Attachment C. 4. TERMINATION Client may terminate this Agreement without cause upon 15 calendar days upon written notice to BLG. Upon this occurrence, Client shall pay BLG all necessary and reasonable costs incurred and amounts owed through the date of termination. 5. SUSPENSION OF SERVICES Client may suspend performance of services hereunder at any time by written notice to BLG. Any such suspension shall extend the Agreement completion date commensurately. Client shall pay BLG all necessary and reasonable costs incurred by BLG directly attributable to the suspension. 6. DELAYS BLG shall not be responsible for damages or delays in performance caused by Acts of God, sovereign acts and/or omissions of national, federal, state, provincial and local governmental authorities and regulatory agencies or other events which are beyond the reasonable control of BLG and that could not have been reasonably foreseen, prevented and/or mitigated by BLG. 7. ASSIGNMENTS AND SUBCONTRACTS Neither party shall assign, subcontract, or otherwise transfer its rights or obligations hereunder. The Baker Leisure Group Team Page 1 Boynton Beach Community Redevelopment Agency Feasibility Assessment Proposal 8. COMPLIANCE WITH LAWS BLG shall, to the extent applicable in connection with the rendering of its professional services, be responsible for compliance with all applicable provisions of national, federal, state and local equal employment opportunity laws, rules and regulations and with all other applicable laws, rules, regulations and orders including, without limitation, national, federal, state, provincial and local occupational safety, health and environmental requirements. 9. PROFESSIONAL RESPONSIBILITY BLG shall perform within the limits prescribed by the Scope of Services in a manner consistent with the level of care and skill ordinarily exercised by other professional consultants under similar circumstances at the time services are performed. No other representations to the Client expressed or implied and no warranties or guarantees are included or intended in this Agreement or in any report, opinion, and document or otherwise. 10. PERMITS AND APPROVALS Each party shall secure, at its sole cost, all necessary approvals, permits, licenses and consents necessary for it to be properly qualified to perform its services hereunder. 11. LIABILITY AND INDEMNITY As an independent contractor, BLG shall be responsible for its own operations in accordance with the following conditions: BLG agrees to indemnify, hold harmless and defend Client from and against all loss, injury, damage and legal liability including attorneys' fees and other costs of defense or settlement to the extent caused by any negligent act, error or omission of, or the willful misconduct of BLG, its employees, agents, representatives, subcontractors or suppliers. BLG assumes all liability for workers' compensation and employer's liability coverage for its own employees. 12. OWNERSHIP OF MATERIALS AND DOCUMENTS BLG agrees that all documents prepared by BLG in the course of its performance shall become the property of Client upon payment for services rendered. 13. GOVERNING LAW AND VENUE This Agreement shall be governed by the laws of the State of Florida and venue shall be in Palm Beach County, Florida. 14. EXTENT OF AGREEMENT This Agreement represents the entire and integrated agreement between the Client and BLG and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended only by the written agreement of the Parties. Nothing in this Agreement shall be construed to provide any rights or benefits to anyone The Baker Leisure Group Team Page 2 Boynton Beach Community Redevelopment Agency Feasibility Assessment Proposal other than the Parties and all duties and responsibilities undertaken pursuant to this Agreement will be for their sole benefit. 15. SURVIVAL All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating responsibility or liability between the Client and the BLG shall survive the completion of services hereunder and the termination of this Agreement. 16. SEVERABILITY If any, one or more of the provisions of this Agreement, for any reason, are held to be invalid, illegal or unenforceable in any respect, such invalid, illegal or unenforceable provision shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 17. WAIVER The provisions of this Agreement shall not be waived by either party unless such waiver is in writing and signed by the parties. 18. NOTICE All notices or other communication provided for herein shall be given in writing by courier service and by fax to the addresses/fax numbers of the parties set forth as follows: If to BLG: Baker Leisure Group LLC Attention: Steve Baker, President 5401 Kirkman Road, Suite 610 Orlando, Florida 32819 Phone: 407.351.0425 Fax: 407.363.0716 If to Client: Boynton Beach CRA by Executive Director 639 East Ocean Avenue, Suite 107 Boynton Beach, FL 33435 Phone: 561.737.3256 Fax: 561.737.3258 19. INSURANCE During the term of this agreement, BLG shall maintain the following insurance coverage with limits no less that the amounts indicated: a. Comprehensive automobile liability insurance with minimum combined single The Baker Leisure Group Team Page 3 Boynton Beach Community Redevelopment Agency Feasibility Assessment Proposal limits of one million dollars for each occurrence, bodily injury (including death) and property damage, including endorsements providing non-ownership and hired automobile liability coverage. b. Workers compensation and employers liability insurance for statutory limits for all employees of BLG. c. All risk property insurance covering all property of BLG and all property of others for which BLG is legally responsible. d. General liability with minimum combined single limits of at least one million dollars for each occurrence, bodily injury (including death) and property damage, two million dollars general aggregate. e. Excess liability in the amount of two million dollars each occurrence, two million dollars aggregate. 20, SIGNATURES Unless otherwise specified in this Agreement, the following signatures are the authorized representatives and each party may rely upon the decisions and information of such party in the performance of this Agreement. IN WITNESS WHEREOF the parties hereto have made and executed this Agreement as of the day and year first above written. Baker Leisure Group by President Date Boynton Beach CRA by Chairman Date The Baker Leisure Group Team Page 4 Boynton Beach Community Redevelopment Agency Feasibility Assessment Proposal ATTACHMENT A PROPOSED SCOPE OF SERVICES - SAVAGE CREATURES OF THE ANCIENT SEAS Baker Leisure Group has assembled a strong development team to answer the question: "Is the Savage Creatures of the Ancient Seas the right project at the right place at the right time?" The proposed project is considered a catalyst for the redevelopment of Boynton Beach and will blend entertainment and educational elements that are related to the timeline of nautical experiences, through both man made and natural elements. The development team includes teams specializing in financial and market analysis, architectural design, creative development, cost assessment, fabrication, authentication, and non-for-profit organization and development for fund procurement. In this initial phase, the Baker Leisure Group team has assembled the team to conduct an assessment of the current work product as completed by the Community Redevelopment Agency. Each team member will utilize their expertise to determine the feasibleness of the project and, where applicable, make suggestions and recommendations that strengthen the proposed project. The following section presents the scope of work per each team as applicable to the phase one process. It is separated by team member. It is important to stress that although each team member will be conducting independent exercises, they will also be conducted 'in tandem with all teams to insure that information gleaned from each team member will be incorporated within the progress of the project as a whole. BAKER LEISURE GROUP Task One: Orientation & Work Session The BLG study team will meet with the Boynton Beach CRA team to: · Confirm study goals and review the project concept · Establish dates for future work sessions and presentations · Review the work program and refine · Identify the contacts to be utilized by the study team · Obtain copies of documents, which are relevant to the project The Baker Leisure Group Team Page 5 Boynton Beach Community Redevelopment Agency Feasibility Assessment Proposal In addition, within Task One, the study team will spend approximately 3 business days in the market area conducting a series of interviews with local business officials, private and public, including: 1.) 3.) 4.) 5.) 6.) 7.) Area Tourism Leaders, specifically the visitor's bureau (or the equivalent thereof) Local Attraction Officials, specifically attractions that cater to the visitors exclusively, attractions that appeal to the local population, and attractions that appeal to both Convention center officials (or the equivalent thereof) Local hotel group (Future) attraction developers (i.e. theme park developers, etc.) Local economic development/business development office Other business community leaders and local officials that would provide insight Task Two: Demographic Assessment In this task, BLG will review relevant demographic and economic data relating to the Boynton Beach market area. The assessment is segregated to the residential and the visitor market, as well as general environmental characteristics. Specific to the residential market, BLG will evaluate: · Total population and growth · Household income · Age segmentation · Lifestyle trends · Leisure habits of the residential population Within the visitor market, BLG will evaluate: · Total number of visitors · Purpose of visit · Length of stay · Origin of visits · Seasonality · All other characteristics relevant to the visitor market In addition, because there is an educational component to the proposed project, BLG will identify the school educational market as a potential market for the project. The Baker Leisure Group Team Page 6 Boynton Beach Community Redevelopment Agency Feasibility Assessment Proposal Task Three: Educational/Entertainment Industry Review In Task Three, BLG will evaluate the educational/entertainment industry in terms of: · Overall operations · Trends · Market support structures, capture rates · Per capita spending Task Four: Competitive Analysis BLG will research the number, quality, and location of visitor attractions in the market area, both existing and known-planned. The research of the market area attraction portfolio will help in understanding its impact on future performance of a proposed development. Competitive visitor attractions, as applicable, will be evaluated based on publicly available data in terms of its: · Location relative to the proposed site · Attendance levels and mix (if available) · Quality of attraction and types of amenities · Pricing, per capita spending · Investment level (if available) At the conclusion of Task Four, BLG will develop a SWOT analysis (strengths, weaknesses, opportunities, and threats) and other general factors within the marketplace that will assist in determining the market support structure. BLG will deliver to the Boynton Beach CRA as well as all team members a market summary report, SWOT analysis summary, and recommendations. This report will serve as the basis for product and concept development, as well as site review and financial analysis. Task Five: Site Evaluation A site visit will be completed. BLG will review information such as visibility, accessibility, and general characteristics of the subject site. BLG will observe general characteristics of the adjacent uses and the surrounding area. At the conclusion, BLG will have a greater understanding of the advantages and limitations of the subject site. Task Six: Estimated Attendance Based upon the industry and market study findings, assessment of competitive projects, and analysis of other similar projects, BLG will estimate conceptual-level attendance for the proposed project. Attendance will be given in a range that will apply to future financial estimates and performance. The Baker Leisure Group Team Page 7 Boynton Beach Community Redevelopment Agency Feasibility Assessment Proposal Task Seven: Economic and Performance Parameters Overall operating revenues for the proposed development will be estimated based upon per capita spending estimates and attendance estimates. Per capita spending estimates will be based upon an assessment of per capita spending in other comparable facilities, and an analysis of visitor spending at other local visitor attractions within the marketplace. The per capita spending will consider all potential profit centers including, but not limited to, admission, merchandise, food and beverage, and other. Attendance and per capita spending will be estimated for a period of five years. It will be utilized to determine operating revenues. Operating costs will also be determined for the development of an operating pro forma. The pro forma will include, but is not limited to: all estimated operating expenses and capital expenditures. The pro forma will be utilized to determine a warranted investment of the overall facility. The warranted investment is defined as the total investment that can be justified given operating cash flow. Within this task, BLG will engage the Conway Company in regards to recommended financial strategies based on their experience with similar projects from a non-for-profit perspective. This will include recommendations in regards to corporate and operations structure, as well as the foundation structure. JBP ENTERTAINMENT GROUP Working with the research provided by the Baker Leisure Group, The JBP Entertainment Group will provide an objective review on the current "Savage Creatures of the Ancient Seas" concept, including: · Creative content · Appropriateness of content · Show elements · Audience expectations · Overall guest experience The JBP Entertainment Group will also provide recommendations regarding the viability and soundness of the current creative package, as well as considerations on how to proceed. T~he Baker _L.?i_s_ure Group Team P,a~g~e~ 8 Boynton Beach Community Redevelopment Agency Feasibility Assessment Proposal CURRIE PARTNERSHIP Based on our conversations, and understanding of the project, we will include services as needed but not limited to the following: · Review report dated March 3, 2003, titled Savage Creatures of Ancient Seas as prepared by the Community Redevelopment of the City of Boynton Beach. · Meet with CRA staff to discuss program requirements in further detail to base our needs assessment. · Evaluate appropriateness of program spaces. · Prepare conceptual alternate plans and elevations of proposed program to assist in the review of construction budget. · Perform code review for establishment of circulation requirements, elevators, ADA compliance, plumbing requirements, etc. · Coordinate with City departments for site plan approval requirements and permitting agency to insure compliance with local codes. · Attend up to two visits to Baker Leisure Group office in Orlando. · Act as local liaison during coordination meetings with CRA and attend meetings. · Coordinate/assist team members as needed. · Whatever else you need as long as it is reasonable. EDSA EDSA will review the feasibility of the proposed project concept pertaining to site planning, site development and integration into the existing urban context of its location. Services include: Task One: Site Reconnaissance EDSA will visit the site and surrounding environs to be familiar with existing conditions; opportunities and constraints of the site; linkages and connectivity, etc. Task Two: Land Use Regulations and Zoning EDSA will review the City of Boynton Beach's land use regulations, site development ordinances and zoning to understand development requirements, suitability, and required governmental approvals pertaining to site planning and land use. Current versions of development ordinances, land use regulations and .zoning information will be provided by the City for EDSA's review and recommendations. The Baker Leisure Group Team Page 9 December 200R ~.~, ~ Boynton Beach Community Redevelopment Agency Feasibility Assessment Proposal Task Three: Concept Site Plan Review EDSA will review the Concept Site Plan in terms of its feasibility. EDSA, in conjunction with ATM Engineers, will review the site and available data provided by the City as follows: · Size · Topography and slope · Hydrology and drainage (by ATM) · Vegetation (byATM) · Environmental conditions (byATM) · Utilities · Circulation and related infrastructure · Archaeological/cultural conditions (byATM) Task Four: Planning Report EDSA will prepare a report containing a brief overview of the process, analysis of the site and land use regulations and zoning, overview of physical aspects of the site and review and recommendation of the proposed project site plan. Task Five: Coordination EDSA will coordinate its services with the design team, particularly with ATM Engineers and Cumming McGillivray Cost Estimators. APPLIED TECHNOLOGY & MANAGEMENT The proposed scope of services is to prepare and complete a feasibility study for shoreline management and environmental permitting for the referenced project. Total shoreline frontage is approximately 600 ft. along the Intracoastal Waterway, in an area where bank erosion has historically been a problem, the structure is "non-water dependent," and is sited in the mangroves. All of these conditions create challenges that should be addressed in these early phases of the project. The Florida Department of Environmental Protection (DEP), South Florida Water Management District (SFVVMD), U.S. Army Corps of Engineers (USACE), Palm Beach County Department of Environmental Resources Management, and the City of Boynton Beach will be the primary permitting agencies and should be contacted as part of this feasibility study. The feasibility study will utilize existing data to the extent practical and will be closely coordinated with the City of Boynton Beach Community Redevelopment Agency (CRA). The Baker Leisure Group Team .... 10 Boynton Beach Community Redevelopment Agency Feasibility Assessment Proposal Each of the tasks are described below. Task One: Review of Existing Literature, Reports and Data This task involves the search and cursory review of such documents as City plans, existing permits, Mangrove Park boundary surveys, environmental surveys or studies, current or tidal data, ICW boundary information, historical aerials, historical shoreline data/surveys and other pertinent background information about the surrounding area and its history. Task Two: Acquisition of Site Data This task focuses on the specific site and its present condition. Recent aerials will be needed, along with existing boundary surveys, easements, and other encumbrances. Any other site data such as seagrass surveys, bathymetry, topography, wetland delineations, wildlife surveys, etc. will be compiled and summarized. Task Three: Environmental Resources Evaluation Feasibility-level effort studies under this task will not involve an underwater seagrass survey or completion of an upland vegetation survey; however, literature reviews and a brief site visit will be included as part of this task. Comments will be made relative to this level of environmental assessment. Task Four: Meeting with Agencies Meetings and/or telephone calls (as availability allows) with DEP, SFWMD, USACE, City of Boynton Beach, CRA, and Palm Beach County will be conducted to gather input on the feasibility of this project concept in this location. Input from these meetings/calls will only be as good as the concept development at the time of the meeting/call. Task Five: Shoreline Management A concept for the structure, or even the size of the waterfront portion of the structure, has not been developed at this point. It may be possible to discuss some design concepts/alternatives that will be acceptable in terms of shoreline erosion and management of resources at this point. This task will cover an informed discussion of these topics given the data gathered in Tasks 1 through 3. CUMMING MCGILLIVRAY It is envisaged that CMLLC's initial involvement will be to review the construction cost information in the feasibility study in conjunction with the program information and architects conceptual design. The Baker Leisure Group Team ~ .... ~.~. ,,,,,,o ~.'~ 1 ~; 11 Boynton Beach Community Redevelopment Agency Feasibility Assessment Proposal An updated "Order of Magnitude" estimate will then be prepared to check the feasibility study for validity. CMLLC will consult with the other team members to ensure the revised construction cost includes all relevant items, such as over/in water support structure. Increased structural requirements for the facility to, "hang 60 foot moving animated figures". 4-D effects, 3-D film, interactive exhibits, etc. in order to produce a world class facility within the anticipated target budget. The Baker Leisure Group Team .... 12 Boynton Beach Community Redevelopment Agency Feasibility Assessment Proposal ATTACHMENT B For the services described in the Proposed Scope of Services, BLG shall be paid a total fee of $50,000, which will not include expenses, to be paid as follows: · Upon execution of Agreement - $10,000 (Ten Thousand and 00/100 dollars) paid in full upon contract signature · Upon delivery of draft report - $30,000 (Thirty Thousand and 00/100 dollars) · Upon delivery of final report - $10,000 (Ten Thousand and 00/100 dollars) ATTACHMENT C Time Requirements BLG anticipates that it can complete the overall study within eight to ten weeks from initial kick-off meeting and hand off of all information to BLG from the CLIENT. Travel Requirements To be determined The Baker Leisure Group Team Dp.c.~.rnh~.r pnn.q 4.3 ! $ 13 MEMORANDUM TO: From: Date: RE: The CRA Board Members Quintus Greene, Development Director December 1, 2003 Ocean District Community Redevelopment Plan The Department of Development staff is pleased to present the Ocean District Community Redevelopment Plan. As you know, this is the third component of the required update to the overall CRA Plan for the City of Boynton Beach. This plan features the two(2) consensus alternatives that resulted from meetings with community stakeholders, as well as graphic sections through major streets and various featured amenities. Staff will be prepared to discuss these alternatives and answer questions from both CRA Board members and the public at the December 9, 2003 Board meeting. 4319 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. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disabihty an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas aee~,mm~*~Hutchin~°n at,,~,,:~561-737-3256~,:~o, at least twentylfour hours. _ prior to the program or activity in order for the CRA to reasonably 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 proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 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 Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably Xll. Legal 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. 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 Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably TO: CC: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY MEMORANDUM CRA Board Members Douglas Hutchinson, Executive Director FROM: DATE: RE: Lindsey A. Payne, CRA Board Attorney ,,~,~ December 1, 2003 Boynton Beach Community Redevelopment Agency Program - Review of $9,000.00 Invoice (CRA)/Business Genesis Attached are the following statements taken by me: 2 3. 4. 5. Lynne Allison, dated November 12, 2003 at 9:45 a.m. Annette Gray, dated November 14, 2003 at 9:30 a.m. Susan Vielhauer, dated November 14, 2003 at 10:45 a.m. Loft Dunford, dated November 14, 2003 at 11:30 a.m. Douglas C. Hutchinson, dated November 24, 2003 at 12:00 p.m. In addition, an additional statement by Chris .Wilkins of AR Funding is attached. I would like to note generally, that the CRA did not retain a copy of the fax to AR Funding or a copy of the second draft Agreement marked up by Doug and Lori at the meeting held at the CRA office. This appears to be inconsistent with the public records law. However, everyone appears to agree that something existed on September 10, that Doug signed regarding a fax to AR Funding. There also appears to be no dispute that a second draft Agreement marked up by Doug existed, however, no contract was ever executed. It appears at this time that Loft Dunford is not claiming ownership of the Business Genesis Program and she is not claiming that a written executed contract exists between the CRA and Lori Dunford or her company Corporate Consulting and Coaching, Inc. However, she is claiming that she is owed the money based upon work performed for the CRA. AR Funding says based on the written document signed by Doug Hutchinson and their telephone conversations with him, they are owed $9,000.00 and they are not willing to compromise that amount. They said that they want the entire amount of $9,000.00 and that if this is not resolved at the December 9, 2003 Board meeting that they are to be paid, they will mm this matter over to their attorneys. Please feel free to contact me with any questions regarding this matter. LAP/ja Attachments \UGCDE_FSkLIBRARY~1998k980465k2003 MEMOSkBusiness Genesis Program - Review of $9000 Invoice.doc BBCRA Telephone Interview With Lynne Allison November 12, 2003 at 9:45 a.m. Asked by Loft to participate. No written contract. Everyone seemed a little loose with contract. Total of twenty (20) hours of work performed by her. Met with Loft, Doug, Annette on two (2) or three (3) occasions at CRA office, met with Loft at her house. She edited some of Loft's work. Phase I not completed - do not think it was worth $9000 the work that was done. Lori put in a year of work to try to get sole sourced. That was her goal. Survey was done by Lori but she has never seen any documents that were produced by Lori. Project is innovative - how shops in redevelopment areas can be helped is a brilliant idea. Red flag when he wanted to bring in his girlfriend in. Copied Lori on the e-mail about Doug's girlfriend (Halina Salamonik) working on Project team, She was not hiding her opinion. Lori told her she wanted Halina Salamonik on the team. But everyone was too personal with Annette and Doug. Examples drinks, dinner and the cruise. Not very professional. This project was never appropriate for sole source. Many could do the work and Loft brought nothing unique to the team. She has a question. Why was Doug sole sourcing Loft? Loft submitted to Doug a proposed contract with her (Lynne Allison's) curriculum vitae with sections deleted and based on this Doug said to use his girlfriend. However, his decision was not based upon complete information because Loft deleted materials from her curriculum vitae. BBCRA Interview of Annette Gray November 14, 2003 at 9:30 a.m. Boynton Beach City Attorney's Office She reviewed AR Funding Statements provided in the package I prepared. She prepared fax cover sheet based on what Lori said only. She received a call from Chris Wilkins of AR Funding and then changed the fax number and gave it back to Loft to fax. Never saw invoice or signature by Doug. Loft took document to the fax machine. She did not. The project need was to count businesses - Annette said she was going to do it. Loft said I will go with you. She needed the information for proposed contract. Business list typed by Loft and Lynn. Loft forced the last meeting because Germain of FAU needed to start the class at FAU. Students in the business class started in September. They did survey work of businesses. Loft's first draft in Annette's packet - these contain Annette's notes. Second Contract Doug marked up during a meeting with Loft at the CRA. Lynne Allison was best on team and she had ability - Loft had people skills but management part not good Doug and Loft spent approximately 3 hours working on contract - he marked out $9000 and put in $2500 - she saw it. Never told her told he won't use her team Doug told her via e-mail Annette, Doug, Kristen Conti, and Loft had a meeting re: BODA issues. Lynne was told by Lori that Doug was making her put Halina on the team. Last draft between BODA and Lori's company. Classes were in September not August. Her invoice and class dates do not match up. Cruise September 11 - fax dated September 10 - September 10 Lori came in and needed it done right then. Desperate for the money. Doug noted on prior AR documents that the work was not finished. So Lori explained on September 10 he needed to redo them because of this. The work was not good enough. Doug asked Lori to have her attorney to draw up hold harmless agreement pertaining to the AR Funding document and that was never completed by Lori. When Susan told her this could not be sole source, she reported this to Doug. H:\1998\980465L~mnette G-ray's Interview.doc BBCRA Interview of Susan Vielhauer November 14, 2003 at 10:45 a.m. Boynton Beach City Attorney's Office Told Annette Gray - not sole source and maybe someone else at a meeting at CRA office. This occurred around the summer months. She received a call from AR Funding about whether they were going to pay the bill. She never saw an invoice. Annette took the call. She received a second call from AR Funding and Doug said they not paying because there was no contract and then she told AR Funding no contract existed and CRA was not paying. No knowledge of this other than as stated. No knowledge of invoice, or fax. Doug conveyed that BODA was going to do this work and Annette was going to find matching funds. \~JGCDE_FS~LIBRARY~1998\980465~Susan Vielhauer's Interview.doc 4327 BBCRA Interview of Lori Dunford November 14, 2003 at 11:30 a.m. Lori Dunford's Home/Office On September 10, the acknowledgement was signed by Doug after she explained it. She did not fax the invoice either Annette Gray or Susan Vielhauer faxed it. Maybe both. I-Ialina was going to be added not replace Lynn originally. Then Lynn quit. Doug didn't like Rosalind the replacement she had proposed for Lynn. She thought the $60,000 had been allocated from the Board. Didn't know project was not approved by Board. She has been to Board meetings in the audience. She wanted to go to Board, and asked Doug to let her make a presentation to the Board. Doug said, No we'll get around the Board and go through BODA. Doug is patronizing and unprofessional. Doug reacted to Larry Finkelstein questioning the invitation to the business launch dinner. He then dropped the contract. Annette was responsible for partnership with Banks etc., for funds in addition to $60,000. Doug looked over the team proposed by Lori and decided it was top heavy and Lynn needed to gO. She did not insist on Halina Salamonik in Lynn's place. She did not say to anyone, Doug made me delete Lynn from the project. Doug said based on budget of $60,000 there is no room for two (2) administrators -(i.e.) both Lori and Lynn, she did not change Lynn's CV at all. Doug insisted they count the businesses. Annette didn't want to do it. She and Annette counted up and down the street for 1 hour and Annette got hot and complained about wearing heels. So Lori finished the job. She counted the businesses in July. Cont'd. / BBCRA Interview of Lori Dunford November 14, 2003 at 11:30 a.m. Page 2 She informally brought up to Doug about the AR Funding issue first in July. She asked will I get paid for this because of the AR Funding issue. Doug said, no problem Chris Wilkins talked to Doug also on September 10 about the fax to AR Funding. Doug knew about AR Funding $9000 since July. Annette went with her to count the businesses on first day and prepared handwritten list. She then finished and typed the list. All businesses counted but not all 25 interviewed. Some of the businesses could not meet until early September. Some were on vacation, etc., so she talked to them on the phone. Invoice dated August 20, 2003, because of AR Funding process. Work was not completed on August 30 but she put that down because AR Funding would only pay for work completed in the prior month. September 18 - 30 - dates she referenced in follow-up interviews. Initial interviews done prior to September 10. Students went to the interviews during the September 1-10 period (students helped). Follow-up - Germain wanted to follow-up. Thought it was important. That is what was going to take place September 18-30. She misstated this in memorandum to Larry. Doug's comments at the 3-hour meeting needed to be incorporated into 3rd draft contract and she got rid of 2nd draft contract. Didn't know just BODA was taking over until October 13. Re: First draft - Doug did not communicate well about the panel and other ideas he had. She did the best she could on first draft based on what he said. Cont'd. / BBCRA Interview of Lori Dunford November 14, 2003 at 11:30 a.m. Page 3 She was paid $7,400 by AR Funding. Interest is owed because they were not paid by October 1. Interest accruing now. She does not know the rate. If AR Funding had been paid by October 1 on time - then she would have gotten the difference with the interest taken off the top. Re: James McArthur - they will sue for the money. They have staff attorneys on salary. No big deal for them to sue. They will file a lawsuit. Doug told Lynne he was going to pay the $9000 back at $300/month. Chris Wilkins with AR Funding faxed Lori the invoice and spoke to Doug on the phone. H:\1998LOS0465'~Lori Dunford's Interview.doc BBCRA Meeting With Douglas C. Hutchinson and Attorney Andrew Seiden November 24, 2003 at 12:00 p.m. Doue Hutchinson's Statement Two days before third version of the contract was presented, Doug said No. Doug said, No. - Too many managers at $200.00. Loft needed to know how to charge for her proposed survey. Therefore, she needed to know number of businesses to see what to charge. Doug said ok you need to count and he would let Annette help her. Loft did mention something about AR Funding to Doug in July. He did sign the acknowledgement form. He thought the form was to apply when there was a contract with Lori, then the CRA would pay AR Funding instead of Loft's company. To his recollection, Invoice 101, Date of Invoice August 20, and $9000 in amount, was not on the top of the acknowledgement form. Lynn said not getting paid and everyone but Lori was not paid. Diane Johnson said Loft did not know what she is doing. Doug told Lori she needed to coordinate with the Chamber. BODA was going to sponsor Loft's work. He told Loft this in May. BODA was to lead. But BODA was eligible for matching from CRA. Just like events we do with BODA, CRA is a sponsor of the event. There is $60,000 in the CRA budget for sponsorship. He told James McArthur - if Lori gets the contract it Will be $60,000, not that she had a contract. He told James McArthur Loft was performing well because she was at the time he said that McArthur asked only when will Lori be getting paid? He never asked if there was an actual contract. Doug responded in mid October she would be getting a check if she gets her work done by September and she got a contract. James McArthur asked questions - process only questions. He signed forms for Lori but wanted to be held harmless if documents were misused by Lori. He asked Lori to get a hold harmless agreement in connection with the AR Funding documents. She never provided it to him. At the time he signed the acknowledgement form he thought AR Funding was just getting information and getting ready for when the contract was in place. No initials by Doug on anything prepared by her. Halina Salamonik was e-mailed the Business Genesis Plan document and it was e-mailed back and forth and she edited, corrected typos, grammar and phrasing. Doug wrote the program with Annette and she edited. Doug was the main author. Doug charged Annette with running program and she also reviewed the draft. Diane Johnson asked about this and was aware that the Business Genesis Program came from Doug. He asked Lori to look at Halina's credentials to see if she might fit on the team. Finally, said No, enough is enough. He could have just paid $9,000 to her for the work if he wanted to under the purchasing code but instead he did the right thing and said she should not get the money because she did not do the work. 4332 2 ,. ' [ Hutchi~ Vielhauer, Susan .:rom: Sent: To: Cc: Subject: Chris Wilkins [CWilkins @ arfunding.com] Monday, November 24, 2003 4:09 PM Ipayne @ cityatti.com Jim McArthur; Kevin Gilbert Summary of Conversation Lindsay, As per your request, let it be known that we are in possession of the original signed document listing the invoice in question for Boyton Beach CRA. I received this document in the mail from James McArthur, of A/R Funding, who received it by mail from Lori Dunford. Lori got the letter on September 10th at Doug's office. On Spetember 10, 2003 I spoke briefly with Doug concerning the invoice that he was signing. I asked if everything was ok with the invoice and that everything had been completed. He stated that it had been and I would be receiving a fax very shortly. The fax came through just a few minutes later and was illegible. I then called the CRA and spoke to Annette and asked her to refa× the documents (3 total with cover) to another fax nuntber. A few moments later I recieved the second fax and was able to read this transmission. After receiving the original acknowledgement in the mail I compaired the two and saw that they were identical. I can see no alterations of any kind and the signature is done in blue ink. Lindsay, if further confirmation of this statement is needed please feel free to contact Kevin Gilbert in my office by phone at 865-250-2107 ext. 212 or by e-mail at ~ilbert~arfunding.com. I look forward to a speedy resolution to this matter. do not hesitate to call. If you have any further questions, Regards, Associated Receivables Funding, Inc. Chris J. Wilkins Regional Vice President 4333 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. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportun/ty to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas o~--~.~Hutchins°n .............. at 561-737-3256. at least twenty-four hours prior to the program or activity m order for the CRA to reasonably x v. Future Agenda 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. The CRA shall furnish appropriate auxiliary aids and services where necessary to ~ford 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 o~.~Hutchins°n .............. at 561-737-3256. at least twenty-four hours prior, to the program or activity in order for the CRA to reasonably xv. Adjournment. 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. The CRA shall fumish 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 RELEASE KNOW Ail. MEN BY THESE PRESENTS: That DOUGLAS C. HUTCHINSON (hereinafter "HUTCHINSON"), individually, for and in consideration of the sum of NINE THOUSAND DOLLARS ($9,000.00), or other valuable considerations, paid to AR Funding, Inc., by the Boynton Beach Community Redevelopment Agency (hereinafter "BBCRA") on behalf of HUTCHINSON, the sufficiency whereof is hereby acknowledged, does hereby remise, release, acquit, satisfy, and forever discharge the BBCRA, of and from any and all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, liens, assessments, executions, losses, attorneys' fees, court costs, expenses, claims and demands whatsoever, in law or in equity, which HUTCHINSON ever had, now has, or which any personal representatives, successor, heir or assign of HLrFCHINSON, or anyone claiming by, through or under them or any of them, hereafter can, shall or may have, against the BBCRA,~ for, upon or by reason of any matter, cause or thing whatsoever, known or unknown, fixed or contingent, matured or unmatured from the beginning of the world to the day of these presents regarding all claims or actions in law or in equity raised or which could have been raised by the HUTCHINSON against the BBCRA pertaining solely to the payment of $9,000.00 by the BBCRA to AR Funding, Inc., and the repayment by HUTCHINSON to BBCRA. HUTCHINSON hereby represents and acknowledges that he had obtained independent legal counsel, or had the opportunity to do so, before signing this instrument, that he has been fully -1- advised that this instrument shall be legally binding upon him. IN WITNESS WHEREOF, I have hereunto set my hand and seal this __ 2004. day of January, Signed, sealed and delivered in the presence of: DOUGLAS C. HUTCHINSON WITNESS (Print Name) WITNESS (Print Name) STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, the foregoing instrument was acknowledged before me by DOUGLAS C. HUTCHINSON, freely and voluntarily under authority duly vested in him. He is personally known to me or who has produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this __ ,2004 day of Notary Public My Commission Expires: Typed, printed or stamped name of Notary Public \XJGCDE_FSXLIBRARYM 998\980465XHutchinson (Release).doc -2-