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Agenda 03-18-047 Members - 4 Yr. terms COMMUNITY REDEVELOPMENT AGENCY - 2003 LAST NAME FZRST EXPZRES ADDRESS PROFESSTONAL NAME ASSOCZATZON Barretta James 1/10/08 74 BAYTREE LN Architect BOYNTON BEACH 33436 .~ (561) 740-0041 DeMarco Alexander 6/20/06 1o817 QUAIL COVEY RD Arvida Realty BOYNTON BEACH 33436 901 N Congress Ave - Ste. B-102  (561) 732-6789 Boynton Beach, FL 33426 (561) 736-2400 Ext. 107 Fax (561) 736-1560 cristale@bellsouth.com Fenton Don 1/10/06 2556 SW 23RD CRANBROOK DR Edward .lones & Company BOYNTON BEACH 33436 901 N Congress Avenue, Ste B-101 t t~ (561) 737-0793 Boynton Beach, FL 33426 (561) 737-1442 Fax (561) 364-1536 Finkelstein Larry 1/10/05 LAMAR REALTY CORPORATION Lamar Realty Corporation 114 N FEDERAL HVVY, STE 202 114 N Federal Hwy., Ste 202  L0 BOYNTON BEACH 33435 Boynton Beach, FL 33435 (561) 736-9790 Fax (561) 423-2432 Ifgi@aol.com Fisher Charles 6/20/04 8069 STIRRUP CAY COURT Image Solutions /0 BOYNTON BEACH 33436 Boynton Beach, FL (561) 364-8717 c. m .fisher(0. att. net Heavilin Jeanne 1/10/05 PO BOX 3693 (734 NE 9TH AVE) Sailfish Realty  BOYNTON BEACH 33424 532 E Ocean Avenue (561) 731-4474 Boynton Beach, FL 33435 (561) 738-6613 Chair Fax (561) 738-7911 jheavilin@msn,com lillman Henderson 1/10/05 54 BENTVVATER CIR Spanish River High School BOYNTON BEACH 33426-7646 5100 .log Road ~/-J (561) 965-6776 Boca Raton, FL 33496 Vice Chair (561) 241-2200, Ext. 2540 S:\CC\WPXBOARDS\LISTS\CRA Board.doc - bg - 03/18/2004 II. III. IV. Vm Call to Order. Roll Call. Agenda Approval. COMMUNITY REDEVELOPMENT AGENCY Tuesday March 9, 2004 Commission Chambers Boynton Beach 6:30 P.M. A. Additions, Deletions, Corrections to the Agenda. B. Adoption of Agenda. Consent Agenda -4696 A. Approval of Minutes January 10th Meeting - 4697 B. Financial Report - 4722 C. Price list for CRA Documents and Maps - 4733 D. Project signage and Groundbreaking Event Date for the Boynton Beach Boulevard Extension and Promenade Project. - 4739 E. Consideration of Planning Services for Boynton Beach Corridor Plan Extension from Seacrest to FEC Tracks. - 4740 F. Consideration of Planning Services for a Comprehensive Consolidation/Update to Produce One CRA Master Plan Document. - 4745 Public Audience - 4752 VI. Public Hearing - 4753 4692 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 accommodate your request. Old Business Code Review - 4753A 1. PROJECT: Mixed Use Code Review (CDRV 04-002) (Tabled) AGENT: City-initiated DESCRIPTION: Request for approval of proposed amendments to Chapter 2. Zoning, Section 6.F. Mixed Use Zoning Districts. New Business A. Code Review 1. PROJECT: Environmental Review Process OWNER: Staff-initiated DESCRIPTION: Request for amendments to the City's Land Development, Chapter 2. Zoning, Section 4.N.5, 6, 7, 8 and 11 that simplify and refine the environmental review process, replacement of the committee process with a staff review process, and placing review and enforcement duties, relative to hazardous material and substances under the Fire Marshall. B. Code Review 1. PROJECT: Vehicle for Hire OWNER: Staff-initiated DESCRIPTION: Request to abolish City of Boynton Beach Ordinance Part II Chapter 24, "Taxicabs", replacing the entire code section with Chapter 24 "Vehicles for Hire." The Department of Development has reviewed the existing Code of Ordinances chapter related to Taxicabs and determined that as written, the intent of this code is no longer broad enough to encompass the numerous modes of transportation services available to the general public. The revised code language better defines the various modes of transportation currently found in urban areas throughout South Florida. C. Zoning Code Variance 4693 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 accommodate your request. VII. VIII. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: New Site Plan 1. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Director's Report - 4754 A. B. Mariners Way (ZNCV 04-001) K. P. Hislop Mariners Way Homeowners Association 800 Mariners Way Request relief from Chapter 2, Zoning, Section 5.C.2.A, requiring a minimum front yard setback of forty (40) feet, to allow for a variance of thirty (30) feet, and a front yard setback of ten (10) feet for a structure within a R-3 zoning district. Deliverance by Faith Church (NWSP 04-001) Michael E. Sipula, JMS Architectural Design Glenn Lyons Lots 4 & 5, Block 1, Frank Weber Addition Request for New Site Plan approval for a 3,090 square foot church on a 0.32 acre parcel in a C-2 zoning district. Presentation on Moving forward with Museum Feasibility. - 4760 Boynton Beach Boulevard Extension, Promenade and Riverwalk Design and Probable Project Cost. - 4775 MLK Purchase Process update. - 4791 Cash Flows, Budgets, and Financial Projections for Board Direction. - 4796 Design Guidelines: Request for Comments Old Business - 4797 A. Consideration of Fa(;:ade Grant for Delray Boynton Academy (Tabled). - 4798 4694 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 accommodate your request. IX. Mm Xl. XI. Xlll. XlV. XV. New Business - 4834 ^. Consideration of Revised Direct Incentive Program. - 4835 Consideration of the Business Genesis Program. - 4855 Consideration of Special Pilot Program for Police Patrol in Heart of Boynton and the CBD. - 4891 Consideration of Regions Core Grant Applicants. - 4895 Commission Action - 4896 Board Member Comments - 4897 Legal - 4898 Other Items - 4899 Future Agenda Items - 4900 A. Consideration of Securing CBD Surface Parking Rights (April). B. Youth Community Improvement Grant (April) C. 2002/2003 Annual Report (April). D. Consideration of Pilot Program for Trolley Service in the CBD (May). Adjournment - 4901 4695 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 accommodate your request. Kimley-Hom and Associates, Inc. INTRODUCTION Kimley-Horn and Associates, Inc. has prepared this rapmt to suppo~ establishing a transportation concurrency exception area (TCEA) for the City of Boynton Beach and the Boynton Beach Commll~ity Redevelopment Agency (CRA). A location map of the proposed TCEA is presented in Figure 1. The City of Boynton Beach and the BoynWn Beach CRA are initiating several progressive redevelopment plans within the designated Community Redevelopment Area consistent with the Comprehensive Plan of the City of Boynton Beach, The intent of the redevelopment initiatives is to build a livable, mmtainable commxlnity and to provide a catalyst for redevelopment and growth within the CRA and more specifically within the proposed TCEA boundaries. To achieve the redevelopment goals of the City and the CRA, the proposed TCEA will promote allowable residential and commercial densities and an integrated mix of land uses while enhancing non-automobile modes of Wavel. Although the core of the CRA redevelopment plans and the transportation strategies for the proposed TCEA will support a more pedestrian- and bicycle-friendly environment and increase multi- modal tnmsponation options, the redevelopment plans will ultimately generate additional vehicular Waffle impacts upon the transportation network of Boynton Beach and the surrounding area. The Justification Report presents the potential impacts of the City's redevelopment plans and the TCEA and identifies feasible transportation and planning strategies to mitigate the impacts. To the fullest extent poss~le, the City will depart from conventional transportation planning and engineering philosophy to achieve its goals. In fact, State legislation and the Palm Beach County Comprehensive Plan acknowledge that redevelopment goals cannot be fully attained with a conventional automobile-based approach like traffic concurrency. The TCEA will give the City and the CRA an essential tool to meet the goals of infill development and redevelopment while minimizing the 044349005 Page 1 Kimley-Horn and Associates, Inc, negative consequences of concurrency. Several mixed-use urban redevelopment projects have already been identified within the downtown area of Boynton Beach. The projects include the Marina Village and the Arches. Both projects are approved as mixed-use developments located near the intersection of Federal Highway (US 1) and Ocean Avenue. Marina Village and The Arches are the first projects serving as a foundation for Boynton Beach's redevelopment efforts. Designation of the TCEA will fiuXher promote the City's envisioned redevelopment along the Intracoastal waterfront, Boyaton Beach Boulevard, Semerest Boulevard, and FederaIHighway (US 1) corridors. Such mixed- use redevelopment initiatives will support the internalization of project trips as well as non-vehicular medes of travel. Such a desired mix of residential and non- residential land uses will maximi?e origins and destinations within the downtown core and fur~er reduce trips requiring travel west of 1-95. This report provides the d_a_~ and analysis to support the vision of the CRA by amending the City's Comprehensive Plan to create the TCEA. This report was prepared in accordance with Section 15(I)N of the Palm Beach County Land Development Regulations (Traffic Performance Standards), Rule 9J-5 of the Florida Administrative Code, and the requirements of the Florida Statutes as administered by th~ Department of Commulfity Affairs. The TCEA designation is being pursued under Rule 9J-5.0055(6)(a)2 of the Florida Administrative Code as a specific geographic area delineated in the comprehensive plan for urban redevelopment area containing not more than forty percent developable vacant land. 044349005 Page 2 TCEA BACKGROUND In 1985, the Florida State Legislature enacted legislation to help ensure that adequate public facilities such as roads, sewers, and water were funded and constructed concurrent with the development that each facility services. Specifically, the intent of the transportation concurrency legislation was to slow and ultimately reduce urban sprawl and maintain the adopted level of service for automobiles. After 1985, the State and several counties realized that this rather innovative, but blunt growth management instrument was contributing to sprawl and hindering other planning initiatives such as redevelopment. Experience with concurrency management has revealed that downtown revitalization and urban redevelopment projects are frequently denied approval because of the inability to meet the traffic concurrency requirements and maintain the associated level of service. Meanwhile, motor vehicle capacity is generally available in outlying areas. This has created a situation where traffic concurrency has become an obstacle to local, regional, and State promotion of compact growth in urban areas and the preservation of agricultural land and open space. This is especially problematic for older coastal communities in Florida where the potential for redevelopment is the greatest. To further support the need to redevelop these coastal communities, the South Florida Regional Planning Council, in conjunction with the Treasure Coast Regional Planning Council received support from Dade, Broward, and Palm Beach Counties for the "Eastward Ho!" initiative to focus on revitalization of Southeast Florida's urban, coastal core. Consequently, it was realized that exceptions to traffic concurrency were necessary and developed transportation concurrency exception areas (TCEAs) to minimize the negative consequences of traffic concurrency. The Florida Department of Community Affairs (DCA) under Rule 9J-5 administers execution of the TCEA designation process as established in the Florida Growth Management Act. In addition, Chapter 163.3180(5)(b), Florida Statutes, addresses exceptions from concurrency, as stated below: 044349005 Page 4 A local government may grant an exception from the concurrency requirement for transportation facilities if the proposed development is otherwise consistent with the adopted local government comprehensive plan and is a project that promotes public transportation or is located within an area designated in the comprehensive plan for: 1. Urban infill development, 2. Urban redevelopment, 3. Downtown revitalization, or 4. Urban infill and redevelopment under s. 163.2517. Purpose of the TCEA In accordance with the Palm Beach County Traffic Performance Standards Ordinance (TPSO), Rule 9J-5, and the Florida Statutes, the purpose of the Boynton Beach TCEA is to: Reduce the adverse impact transportation concurrency may have on urban infill development and redevelopment and the achievement of other goals and policies of the state comprehensive plan, such as promoting the development of public transportation. [Rule 9J-5.0055(6)] The Palm Beach County TPSO currently allows a transportation concurrency exception for all residential development east of 1-95, which includes the Boynton Beach CRA. The residential concurrency exception is meant to encourage residential development east of 1-95 in existing urban service areas to alleviate development pressure on the western areas of the County. The residential exception is laudable, as well as necessary. However, the CRA believes that without the additional provision of retail, commercial, office, recreational, and entertainment within the area, the CRA cannot achieve the City's full cultural, social, or economic development potential. The CRA needs to be strengthened by allowing a mix of land uses that sustain one another from an economic market standpoint. 044349005 Page 5 It is the CRA's vision that mixed-use development in the community redevelopment area will provide a larger market for transit. With the anticipated increase in the number of city residents within the CRA, there will be increased demand for bus, rail, and other public transit providers. This demand will reduce the reliance on automobiles for individual transportation needs, and in turn, increase the need for additional development of facilities for non-automotive modes of transportation such as walking and bicycling. In addition, the redevelopment of the CRA will increase the need for a cohesive intermodal transportation system to connect Tri- Rail, Palm Tran, and a community transit circulator. Once a TCEA is adopted, a proposed development located within a designated exception area shall not be subject to traffic concurrency requirements. According to Rule 9J-5 and the Florida Statutes, a TCEA may include a Community Redevelopment Area (CRA), such as the CRA established in Boynton Beach, when it is located within an urban redevelopment area or existing urban service area designated in the local comprehensive plan. The City has purposely departed from conventional transportation planning and engineering philosophy to achieve its redevelopment goals and support the proposed TCEA. In fact, the City believes that the redevelopment goals cannot be attained with a conventional automobile-based approach. In other words, the City cannot simultaneously achieve its redevelopment goals in the CRA area and maintain adopted levels of service for automobiles. TCEA Designation and Boundaries The TCEA is proposed within the existing Boynton Beach CRA boundaries. Currently, the CRA is approximately 1,600 acres. The boundaries of the TCEA encompass approximately 669 acres of the CRA (or 41 percent of the CRA area). The areas of the CRA that are west of 1-95 or programmed only for residential 044349005 Page 6 redevelopment have not been included within the proposed TCEA. The TCEA boundary is illustrated in Figure 2. Consistent with the requirement for a TCEA designation for urban redevelopment [Rule 9J-5.0055(6)(a)2], the proposed TCEA is within an existing urban service area which does not contain more than 40 percent developable, vacant land. Based on 2003 land use information maintained by the City of Boynton Beach in a GIS database with information provided by the Palm Beach County Property Appraiser, the current developable, vacant land (approximately 83 acres) is only approximately 12% of the total area within the proposed TCEA. The City is investing time and money to realize its vision for the CRA. The boundary of the TCEA is used to designate the geographic scope of the City's current redevelopment plans, and to encourage the application of a wide range of planning strategies that correspond with local circumstances within this specific area. From this standpoint, it is natural for the City and the CRA to pursue a TCEA. 044349005 Page 7 Figure 2 Peoposed TCEA Boundary Boynton Beach Ca I I TIITIll IIHIil-~"l[T~~ T IHl~liT I1~ fill IIHI~ -~I-ilTTI-ITJ i',n ', 11 ', i I ', r~l~, ',1 ~JT~FTr~IT1 ~ I Illl ~,',ll[m',] ',11', ] I'~l]l',llll[ ! ,...,_,_,_.,..rr~ f~['rl'['[m]~ i p, i i [ i ,~ i i ] ~ i ,,i i [ ,,,, ] ] ~ [--[kt--~rYr~r'l'l-UllPFII I~,',[11~,~ ,,mil I I ],,I,~ l~,l I[T]"¥]-CC~'I-[ I II~ll Il II~llll~ "~ I~"{~ ~lll~lll~l~,l~,lll II-I ~11 IILI~I~II~ I~,1~ __ $o~: G~/~vma~/onl~ox/de~l by t/re C/tyo fVoyn~n Be~:h 0 0,1 0,~* O,,a~ Legend Proposed TCEA Boundary Cityof Boynton Beach City of Boynton Beach Comprehensive Plan The current Comprehensive Plan for the City of Boynton Beach demonstrates the City's strong desire to revitalize and redevelop the areas within the CRA and specifically within the proposed TCEA. Objective 1.9 of the Future Land Use Element states: The City shall eliminate blighted residential neighborhoods and business districts through the adoption and implementation of Community Redevelopment Plans including the Boynton Beach 20/20 Redevelopment Master Plan and the Coastal Management Element to guide development and redevelopment along the Boynton Beach Boulevard and Ocean Avenue corridors, within the commercial and residential Community Redevelopment Areas, and within the vicinity of US 1 and Martin Luther King Boulevard. [City of Boynton Beach Comprehensive Plan] Adopted Future Land Use Element policies under are as follows: o Objective 1.9 further establishes the importance of a revitalized urban area and improved quality of life that will result from implementation of the CRA's redevelopment plans. o Objective 1.13 supports the creation of a compact urban area within the City. o Objective 1.22 establishes policies that support the New Urban principles of the Visions 20/20 Redevelopment Plan prescribing a walkable community and a mixed-use development component. Subsequent redevelopment plans including the Federal Highway (US 1) Corridor Community Redevelopment Plan, and the Heart of Boynton Beach Community Redevelopment Plan continue to strive for the same goals. It is apparent that many of the currently adopted objectives and policies within the City's Comprehensive Plan already support the creation of a TCEA to assist in making the redevelopment goals a reality. Approval of the TCEA for formal inclusion into the Comprehensive Plan is the next step in this process. 044349005 Page 9 TCEA Goa~ It is the City's transportation vision to provide a transportation system that supports the economic, social, and sustainability goals of the CRA. The CRA goals include the following: · Encourage opportunities for economic development within the CRA. · Achieve a balanced mix of sustainable and functional land uses. · Build a balanced transportation system equally accommodating all modes. · Provide a wider choice of transportation modes. · Improve the quality of life for existing and future residents by providing a pedestrian- and bicycle-friendly environment. · Create safe and attractive streets by reducing the negative effects of motor vehicles and increasing the safety of pedestrians and bicyclists. The goals of the proposed TCEA include the following: · Mitigate the impacts of the TCEA on the transportation system within the TCEA and the surrounding areas. · Allow a departure from conventional transportation planning and engineering philosophy toward context-sensitive, community-oriented transportation planning and engineering. · Increase the viability of all non-automobile transportation modes. · Improve and enhance the pedestrian and bicycle facilities within the TCEA and provide connections to facilities adjacent to the TCEA. · Recommend modifications to the City's land development regulations to require developments within the TCEA to provide pedestrian connections to the City's sidewalk network and support public transit, either by providing infrastructure or contributing to the operations. · Encourage a hierarchy of transportation modes for street designs and transportation priorities in the following order: pedestrians, bicycles, public 044349005 Page 10 transit, high-occupancy vehicles and taxis, and lastly, single-occupancy automobiles. · Reduce dependency on automobiles. · Achieve slower and steadier motor vehicles speeds through design. · Utilize traffic calming to reduce motor vehicle collision frequency and severity and improve the safety and perception of safety of non-motorized users of the streets. · Reduce the need for police traffic enforcement through street design. 044349005 Page 11 DRAFT City of Boynton Beach Community Redevelopment Agency Direct Incentive Program Revised 2/26/2004 The Boynton Beach CRA seeks to encourage large-scale projects, which define new markets, quality, innovation and character in the CRA area. It is recognized that many times these benchmark projects require new and untested market assumptions, which have no local comparable. This condition often requires market support to make the projects feasible in the early years. Accordingly, this Program is focused on support for qualified, benchmark projects during their initial stages. As defined by the focus of this Program, projects' which directly compete with existing projects, or that do not open new markets or that do not set new higher project quality standards in the view of the CRA, may not receive maximum consideration. The dream of home ownership or affordable housing rental is on the brink of becoming an endangered species for many American families. The dream is becoming elusive because many moderate income families cannot qualify for a mortgage or afford the monthly payments. Wages are insufficient which puts these families 30% over the 4836 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program 2/26/04 Page 1 of 19 required 32% average house payment to income ratio. A rapidly growing population, flat growth of incomes and growing housing prices are some of the variables that have contributed to this new reality. In response to this emerging plight, many programs have surfaced under many names: Work Force Housing, Affordable Housing, Low Income housing, etc. Whatever the labels attached to such programs, the common underlying trend is the attempt to make housing affordable to the moderate to median income level population. Boynton Beach and its residents are not shielded from this plight. In light of the recent redevelopment, and real estate appreciation approaching 14% annually, the challenge of Affordable Access Space is an immediate reality. A common misconception is that this issue of affordability is only residential and one dimensional. Traditionally, when faced with an aggressive redevelopment plan, cities use Iow income housing as the only measure of the total aid which they provide to the displaced. Little or no thought is given to the local business community. Many times the local flavor of most cities disappears when the unique local business base is displaced. New space rent rates can cost many times more than pre-redevelopment rates. Survival of a downtown business in a redeveloped area is contingent upon gradual increase in overhead not an immediate and drastic increase in their fixed costs. It is a proven.fact that it costs less to keep a quality customer than it costs to secure a new one. The same premise could be applied to the concept of keeping the quality businesses that currently exist in a pre-redevelopment area. While new businesses are attractive, it wilt take them time to build a customer base and a loyal following. The opposite is true of the existing businesses that already have brand loyalty. An Affordable. Access Program rewards a developer for making available a percentage of the project at below market rate to create an opportunity for a local business with its built-in customer base to remain is a win-win solution. 483? City of Boynton Beach Community Redevelopment Agency Direct Incentive Program 2/26104 Page 2 of 19 In an effort to provide a more comprehensive community benefit program, the CRA Direct Incentive Program requires an Affordable Access component be addreSsed by applicants. This Incentive Program seeks to better the public elements in private development projects therefore; projects having a site in excess of 87,120 square feet (two acres) are required to have "Public Amenity" elements (sidewalks, alley and streets do not qualify.) These elements will be considered as part of "Project Quality" scoring. Projects will be scored by Program Criteria, which is defined in the Program Guidelines. The Project's score will' determine how much, if any, of the eligible incentive the Project may receive. APPLICATION TO THIS PROGRAM IS NO GUARANTEE OF FUNDING. FUNDING IS AT THE SOLE DISCRETION' OF THE CRA BOARD. 4838 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program 2/26/04 Page 3 of 19 TABLE OF CONTENTS PROGRAM GUIDELINES Page 5 II. PROGRAM SCORING CRITERIA Page 6 III. PROGRAM ADMINISTRATION Page 8 IV. INCENTIVE PROGRAM APPLICATION Page 12 V. CRA NOTES & BOUNDS Page 14 VI. MAP AND BOUNDRIES Page 16 VII. CONTACT INFORMATION Page 19 4839 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program 2/26/04 Page 4of19 PROGRAM GUIDELINES SUMMARY · The Project must be in the City of Boynton Beach CRA Area as defined at the time of application and approval by the CRA Board. · The Applicant must be the majority owner (the owner having the greatest percentage of ownership) or authorized agent of the majority owner in the Project. · All property taxes, fees, city/county liens owed by the Applicant must be paid and current. · The Project is required to be over $2,000,000 in projected new assessed taxable value upon completion. However, projects in the Heart of Boynton area need only exceed a threshold of $500,000 for consideration. · The Project's projected total annual economic impact to the City (after completion) as projected by using RMS Economic modeling standards, shall be a minimum of 20 times .the corresponding year's incentive dudng the incentive period. This impact analysis is waived in the Heart of Boynton area. · The Project shall contain Affordable Access elements sufficient to score a minimum of 2 points to qualify for any incentives. · Projects having a site in excess of 87,120 square feet (two acres) are required to have "Public Amenity" elements (required sidewalks, alley and streets do not qualify.) These elements will be considered as part of "Project Quality" scoring. · The duration of the incentive shall be no longer than 10 years. · The incentive will generally not exceed 50% of the CRA Tlr revenue directly generated by the Project during the incentive period. · No incentive (in any one year) shall exceed 75% of the new annual TIF revenue directly generated from the Project for that year. · Projects may be phased; however each phase must meet program thresholds. · Projects must score at least 50 points on this application to qualify for incentives. 4840 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program 2/26/04 Page 5 of 19 PROGRAM SCORING CRITERIA · Project Size (total new assessed value) (up to 20 pts). For the purpose of application scoring, the new assessed value projection shall equal the Project's projected appraised value (established by third party appraisal or feasibility study) minus any projected homestead exemptions, times 90%, minus current assessed value of the Project site. 1. $2,000,000 to $9,999,999 (5 pts) 2. $10,000,000 to $24,999,999 (10 pts) 3. $25,000,000 to $49,999,999 (15 pts) 4. $50,000,000 plus (20 pts) Head of Boynton Area (only) 1. $500,00 to $999,000 (5 pts) 2. $1,000,000 to $1,999,999 (10 pts) 3. $2,000,000 to $2,999,999 (15 pts) 4. $3,000,000 plus (20 pts) · Type of Project (up to 20 pts)- Preferred use criteria. Evaluation of the Project is based on its consistency with redevelopment plans and its appropriateness within the overall economic context. Depending on location, additional consideration will be given to the following uses. 1. Mixed uses with residential component 2. Mixed uses with office component 3. Hotels/Conference Centers 4. Multi-story professional-retail buildings (business and financial services) 5. Medical & Health care services 6. Multi-story office-retail only buildings with the following type of retail tenants: a. Restaurant/Specialty Foods b. Entertainment c. Art galledes d. Apparel 4841 e. Gift Shops/Decorative Arts/Specialty Stores/Boutiques City of Boynton Beach Community Redevelopment Agency Direct Incentive Program 2/26/04 Page 6 of 19 7. Retail only buildings with a minimum of four tenants (from the above list) 8. Multi-Family fee simple ownership units - (Heart of Boynton area only) 9. Stand alone Live/Work configurations (rental or fee simple), (Heart of Boynton area only) Project Location (up to 20 pts)- Must be within the CRA area. 1. In the CBD Distdct or on Federal Highway South of C16 Canal & North of Woolbright, Boynton Beach Blvd. from the Intracoastal to 1-95 or on Ocean Ave., (Projects in these areas are high impact and have the highest visibility). (10 pts) 2. The Heart of Boynton area - (20 pts) Economic Impact - (up to 20 pts) 1. Projected Economic Impact over the incentive period of 20 to 49 times the incentive - ( 5 pts) 2. Projected Economic Impact of 50 times the incentive or more ' (10 pts) 3, Economic Impact Studies are waived in the Heart of Boynton area and assigned 20 pts. Affordable Access Incentive (up to 20 pts) (Mandatory Minimum Score of 2 pts) 1. Scoring (See Scoring Graph) Single Use Type of use Score Two Uses Type of use Score Type of use Score Three Uses Type of use Score Type of use Score Type of use Score Total SCore 4842 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program 2/26/04 Page 7 of 19 Project Quality - (up to 40 pts) 1. Point allocation based on project architecture, landscape features, public amenities, innovation, quality, overall contribution to the Community, etc. Project sites over 87,120 square feet (two acres) are required to have public amenity features. PROGRAM ADMINISTRATION Upon approval by the CRA Board and completion of required documents and execution thereof, the program will be generally administered as herein outlined. Specific guidelines wilt be contained in final program contract documents. Establishing the Project's New TIF Revenue Eligible for Incentive: The Annual TIF Revenue eligible for the Direct Incentive Program shall be established by subtracting the tax revenues received in the year the agreement is approved and signed for the project site(s) from the actual new annual revenues received by the CRA. This new revenue increment is then multiplied times the Program's Incentive Percentage. The Incentive is calculated each year based on actual tax revenues received. Establishing the Projected Incentive Percentage: Each completed Application will be scored by the CRA Board in a public meeting. Point scores by the CRA Board members from each of the six criteria elements will be individually averaged. The averaged element scores will be added together to determine the total application score. This score will be expressed as a percentage; the "Project Score Percentage". This Project Score Percentage is then multiplied by the Incentive Program Percentage of 50%. The Incentive Program establishes 50% as the maximum percentage of direct project TIF Revenues available to the Applicant. This resulting percentage is the Incentive Percentage. For example; a Project Score of 100 pts or more equals 100%. The Project's 100% is multiplied by the Program's maximum Incentive percentage of 50%. The resulting 50% is the Project's Incentive Percentage. City of Soynton Beach 4843 Community Redevelopment Agency Direct Incentive Program 2~'26/04 Page 8 o1' 19 Example #2:70 pts scored by the Project equals 70% of the 50% for a 35% Incentive Percentage. Establishing Annual Incentive Amount: The Project's Incentive Percentage is multiplied times the new net TIF Funds received annually by the CRA which are generated by the Project to yield that year's Cash Incentive Amount. Note that incentives are defined as percentages of the new TIF revenue increment as it is collected by the CRA, therefore, any dollar figures calculated prior to project completion and its listing on the tax roll', are only estimates. Establishing Annual Incentive DisburSement Amounts for the Incentive Period: The incentive shall be normally disbursed in ten (10) annual installments after required actions have been completed by the Applicant, unless incentive funds are tO be paid prior to Project Completion. The Project Applicant may request that the Incentive be "Front Loaded" to respond to early Project needs. Generally, if approved, Front Loading will begin in the first year that tax revenues are received by the CRA. A Front Loading request for this Incentive Program does not mean funds loaned to the Project prior to completion and tax enrollment. The method of calculating "Front Loading" will be to project the ten year TIF Revenue to the CRA based on the first year's assessed property tax revenue times the Project's Incentive Percentage (Generated by the Project's score received from the CRA Board). The Annual Incentive Amount is adjusted to follow the "Front Loading" percentage schedule. The Front Loading Formula is: 75% first year and second years, 60% third and fourth years, 50% fifth and sixth year, 40% seventh and eighth year, and 25% ninth and tenth years. The percentage shall not exceed 75% of the new increment tax revenue for any single year; however, the cumulative incentive shall not exceed 50% of the new assessed increment's tax revenues over the entire incentive pedod. The taxable value is monitored annually prior to the incentive award to 'assure that any movement in value will be reflected in the calculation. 4844 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program 2/26/04 Page 9 of 19 Incentive Disbursement Schedule: The Earned Incentives will be dispersed no later than April 1st of the year following the corresponding tax year. Affordable Access Incentive: The following are definitions for the Affordable Access Incentive Elements: · Affordable Access Incentive rewards Projects for below market access by the public to a defined portion of the Project. The Affordable Access Incentive shall be scored by analyzing the amount of Project's set aside area eligible for discount pricing. The ratio of the Project's set-aside area and amount of discount will be plotted on the CRA Project Scoring Graph for Affordable Access to determine points scoring. · Uses shall be defined by three basic categories. Those uses shall be Residential, Commercial and Retail/Restaurant. Each use shall be scored separately for Affordable Access (amount of area and amount of discount) and analyzed using the appropriate matrix graph corresponding to the number of uses contained in the Proiect. Projects containing mixed uses shall have the Affordable Access scores for each use added together for the Total Category Scoring, · The Project must score at least 2 pts in this Affordable Access category to be eligible for Direct Incentives. The maximum number of points for this category of the Direct Incentive Program shall be 20 pts. · Project Set Aside Percentage shall be defined as the area (square footage) available for market discounts divided by the total area (square footage) in the Project for the same type of usage. · Market Pricing shall be the average actual or projected market or retail price per square feet for each of the uses within the Project. · The Discount Percentage is figured as the discounted pricing per square foot offered by the Project divided by the average rental or sale rate per square foot of the like-kind area within the Project. 4845 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program 2/26/O4 Page 10 of 19 Administration of Affordable Access Program by Project Owner. The Applicant shall be required to qualify beneficiaries for the Affordable Access Spaces and report annually. The Project Applicant must qualify beneficiaries for the term of the requested Direct Incentive Program (up to 10 years). 1. Residential Rental and Sales (must be one of the following to qualify) a. Residential Rental- Individuals or families with household income ranging from a "Low Income of $0% Median Income to 120% of Median Income" for Palm Beach County as defined by HUD for the year that the Incentive Program application is approved. b. Residential Sales - Individuals or families with household income ranging from a "Low income of 80% Median Income to Income 120% Median Income" for Palm Beach County as defined by HUD for the year that the Incentive Program application is approved. Unit Pricing for Incentive Units shall be priced so that buyers are able to qualify for unit purchase. Qualifying Income Percentage for home ownership is defined as 32% of the gross monthly income. The purchaser must keep the unit for a minimum of 36 months or pay any profit above the original Purchase cost plus a 3% annual inflation factor back to the CRA Program. The unit must be the primary full-time residence of the qualified buyer. 2. Commercial Rental, Retail or Restaurant (must be one of the following to qualify) a. Majority of business ownership owned by people and/or a corporation within Palm Beach County (business and/or franchise ownership). b. Existing business located within in the Boynton Beach CRA District. c. New local business with business owner(s) living in Palm Beach County. d. Minority Owned Business as. defined by SBA 8a Standards. 8a Business Ownership can be located locally, regionally or nationally. e. Affordable Access Restrictions run for the duration of the Direct Incentive Program. 4846 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program 2/26/04 Page 11 of 19 Public Amenities: Public amenities are defined as areas that have unrestricted public access for the life of the Project. Physical improvements that .may qualify are very broad to encourage project design innovation. Specific items which will not be considered as contributing public areas for scoring are sidewalks (10' wide or less), roads, utility R.O.W.s, alleyways, items solely required for safety/emergency access, etc. Public area designation shall be clearly identified by the Applicant on the Project's Plan. Their ultimate acceptance as qualified "Public Amenities" is solely at the discretion of the CRA Board. The public area information will include an element narrative description, a proposed structure for setting aside the area for the public use, area layout plan with square feet, cost estimates for construction, maintenance programs (at no public cost), etc. Public amenities must be set-aside by deed covenant and/or in Property Owners Association Declarations and/or other legal documents acceptable to the CRA. INCENTIVE PROGRAM APPLICATION The following information shall be compiled in a loose-leaf binder, tabbed and labeled to correspond with the following section headings. This information package is the Program Application. The Application shall be forwarded to the CRA Office with a formal "Letter of Request" containing a narrative of the Project, reason for request, justification and a summarizing the highlights of each of the following sections. The letter should be signed by the applicant or authorized agent and be accompanied by 12 sets of the completed Project information (Electronic documents on CD are encouraged). · Project Applications shall be screened and reviewed by staff for completeness and non-subjective categories scored. · Staff or a selected Review Committee shall provide pertinent comments on the Project. 4847 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program 2/26/04 Page 12 of 19 · The review period shall not exceed forty-five (45) days from the date of the submittal of a completed Application. On or before the end of the 45-day period, staff shall either forward the Application, their findings and recommendations to the CRA Board for consideration at the next regularly scheduled meeting or request, in writing, that the Applicant provide additional information (A copy of the staff or Review Committee recommendation will be forwarded to the CRA Board and the City Commission/City Manager). · Upon consideration by the CRA Board, the Board shall take one of the following actions: Approve, table, modify or reject the Application. The Applicant shall be notified in writing as to the Board's decision within 5 days. If the Application is denied, the Applicant may resUbmit a revised Application for reconsideration. Note that any direct or indirect lobbying of the CRA Board will result in disqualification of the Applicant from the program. Project Information: · Applicant Information 1. Applicant (Majority Owner) Name.. 2. Listing of Owners by Ownership Percentage. 3. Applicant Address, Phone Number(s), Fax, Email Address. 4. Contract Person's Name, Title, and Contact Information. 5. Attach a Brief Resume on the Applicant and Principals (Exhibit "A"). · Project Information 1. Project Description (One Page Narrative) · Project Location · Size - area and appraised value · Zoning · Uses (commercial, residential, mixed use, etc.) · Square Footages of Uses · Amenities · Features - construction finishes & materials, colors, etc. 2. Plans (if not previously CRA approved) - site, floor, elevations, landscape, colored renderings, etc. (Exhibit "B") 4848 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program 2/26/04 Page 13 of 19 3. Project Status (for example, has the project been submitted for Initial Site Review, Site Plan Approved, Permitted, etc.) 4. Project Timetable with Projected Dates. 5. Feasibility Study Summary - (A copy of the study's summary conclusions dated within the last six (6) months prior to the date the application is filed with the CRA office.) The study must be completed by an experienced third- party firm. The Study shall be based on appraisal, market conditions, comparable projects, financing and all factors affecting the development of a stand-alone project, without the inclusion of incentives. Property value and inflation increases shall be no greater than 3% annually. 6. MAI Appraisal Summary - (A copy of the appraisal's summary conclusions dated within the last six (6) months prior to the date the Application is filed with the CRA office.) MAI Appraisal of the current land and any improvements as is and the Project's projected value upon completion. 7. Economic Impact Study - (A copy of the study's summary conclusions dated within the last six (6) months prior to the date the application is filed with the CRA office.) The study must be completed by an experienced third party firm. The analysis shall forecast CRA and City economic impacts, specifically including CRA TIF revenue forecasting using RMS standardized economic models. This study requirement is waived for projects in the Heart of Boynton area. 8. Affordable Access Commitment and Calculation. Define each usage Set Aside Area and define Market Discount Pricing. 9. Public Amenity Feature - Projects of 87,120 square feet (two acres) are required to provide a "Public Amenity Feature" (sidewalks, alleys and streets do no qualify). Highlight the feature design, placement, cost, etc. The request for incentives and application, if approved by the CRA Board, becomes an integral component of the Incentive Agreement, including but not limited to other requested information from the CRA, therefore great care should be taken to seek the most accurate projections possible for the Project. 4849 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program 2/26/04 Page 14of 19 The approved Incentive Agreement may be assigned with the formal, prior written approval from the CRA Board of Directors. 485O City of Boynton Beach Community Redevelopment Agency Direct Incentive Program 2/26/04 Page 15 of 19 MAP AND BOUNDRIES 4851 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program 2/26/04 Page 16 of 19 C~ Area 4852 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program 2/26/04 Page 17 of 19 4853 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program 2/26/04 Page 18 of 19 CRA CONTACT INFORMATION CRA Director: Address: Office: Fax: E-Mail Hour: Douglas Hutchinson 639 E Ocean Ave, Suite 107 Boynton Beach, FI 33435 561-737-3256 561-737-3258 hutchinsond~,ci, boynton-beach.fi.us 8:00 AM - 5:00 PM Monday - Friday 4854 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program 2/26104 Page 19 of 19 Memo: To: CRA Board From: Douglas Hutchinson, CRA Executive Director Re: Consideration of the Business Genesis Program Date: February 26, 2004 The Business Genesis Program is ready to move forward. The demand has been · overwhelming for this Program. Staff has fully restructured the operating plan. The plan uses two Selection Committees to identify both the volunteer mentors and to select the first year's Business Genesis Participants. Paid consultants have been rePlaced with volunteer mentors. Program Partners are the Chamber, FAU & FAU Cure. The CRA is the coordinating body and sole funding source. Additional grant and sponsorship funds may be secured, however, are not considered in budgeting at this time. Our current budget has funding for this-proposed Program. The Program includes a Development Fair to bring together CRA Area developers with Boynton Beach business owners. The goal is to ensure local businesses have a significant presence in the CRA Area redevelopment projects. Staff would like to move forward with the Program execution. 4855 BOYNTON BEACH CRA AREA BUSINESS GENESIS PROGRAM 4856 Revised 2~25~04 Bus/ness Genesis Program Page 1 of 35 Business "Genesis" Program Premise: The "New Urbanism" many times lacks the reality of providing for basic needs that were traditionally found in historic downtown "Main Street" urban centers. These needs have been pushed aside for boutique shops, national credit tenants, high-end services, and up-scale restaurants. Often the small, local businesses which used to deliver needs-based products, services and more importantly the charm and unique character of the community are removed from redevelopment areas in favor of outside boutique stores and services. Further, many times cities' development codes for "New Urbanism" in redevelopment areas exclude many "Needs Based" businesses instead of creatively incorporating them into the new redevelopment fabric. The trend to remove local existing businesses is fueled by the fact that many of those businesses affected by redevelopment do not evolve with redevelopment market trends. Therefore, the two-fold impact of physical redevelopment, the change embedded in the "New Urbanism" trend, and lack of response by existing "Needs Based" business creates an unfavorable economic environment in which these businesses cease to exist. As a result, the redevelopment area has plenty of high-end restaurants and shops, but is left lacking in basic services to support a truly viable and sustainable urban city. It is now acknowledged by many planning practitioners, developers and communities that these very businesses are the necessary cornerstones for a successful redevelopment effort. It is a proven fact that it costs less to keep a quality customer than it costs to get a new one. The same premise can be applied to the concept of keeping the quality businesses that currently exist in a pre-redevelopment area. VVhile new businesses are attractive, it will take them time to build a customer base and a loyal following. The opposite is true of the existing business as they already have brand loyalty. The Business Genesis Program therefore will provide a substantial benefit not only to the local existing businesses, but also to the developer and the community. 4857 Business Genesis Program Page 2 of 35 Economic realities and strategies must address the issue of economic feasibility from both the business and developedlandlord perspectives. Economic concepts for enabling retention in redevelopment areas are: · Business Genesis Program: The Business Genesis Program has been created to make businesses more profitable to, in part, be able to pay higher rental rates found in Redevelopment Areas. · Direct Developer Incentives to provide below market rental rates: New space rent rates can cost many times more than pre-redevelopment rates. Survival of a downtown business in a redeveloped area is contingent upon gradual increase in overhead; not an immediate and drastic increase in their fixed costs. The CRA's Direct Incentive's Affordable Access elements reward developers who make available a percentage of the project at below market rate, thereby creating, an opportunity for a local business to remain and/or be created. · Economic Development Grants: Grants for capital improvements have been secured to reduce overhead costs. The Development Regions Grant Program, which is a matching grant Program through the Boynton Beach Community Redevelopment Agency and Palm Beach County Economic Development Office, is designed to stimulate economic growth and increase business opportunities. The project must create jobs which will improve the quality of life for local citizens. Eligible business projects are start-ups or existing businesses which are involved in relocation and/or expansion, plans to purchaselleaseloccupylbuild or renovate property and to hire new and/or retain employees. The applicant can apply for reimbursement for the following eligible activities: acquisition of real property, construction, renovation, site development cost, impact fee payment, machinery/equipment and public improvements such as parking, lighting, beautification, infrastructure and a fac,,ade Program. Business project owners must match the County and CRA funds. County funds cannot exceed 30% of the project cost and the CRA funds are a minimum 15% of the project cost. Each project must create permanent full-time/equivalent positions and maintain jobs for a 'minimum of 24 months. Each project may request $20,000 in grant funds ($10,000 County and $10,000 CRA) for approved project uses per each full-time/equivalent job created. The Program has a maximum combined grant total of $100,000 per application. Special Loan prOgrams: Sources will be identified for lending sources supportive of the Business Genesis Program. The banking and investment community will be briefed on the Program's mission and participants' potential needs. Business Genesis Program Page 3 of 35 Mission: To create a Mentodng Team of highly qualified/successful/active business professionals to one- on-one counsel a targeted group of interested local businesses. To facilitate and encourage business development for improvement of core competencies of existing businesses in the Central Business District and the Heart of Boynton District to ensure that they can survive and flourish once proposed redevelopment for the area is a reality. To create a Program that measures the impact of redevelopment on local, existing, "needs based" businesses before, dudng and after redevelopment activities. Goals: · To increase the survival rate of existing and "needs based" businesses in the Redevelopment Area. · To provide businesses with the tools and resources necessary to compete successfully with the new companies that are typically attracted to a redeveloped area. · To provide accurate data reflecting the effect of CRAs on redevelopment neighborhoods (historically not measured). · To provide the Business Genesis Program consulting resources free of charge to participants. · To provide impact findings as a benchmark to organizations nationally. 4859 Business Genesis Program Page 4 of 35 Genesis Operating Plan Program Description: Business Genesis Program is proposed as a Business Development Program that has two functions. The Program is first concerned with the maintenance and survival of the existing businesses in the areas targeted for redevelopment. Secondly, the Program will generate data for a realistic assessment of how redevelopment truly affects local businesses in the CRA areas. In light of the proposed redevelopment of the CBD and Heart of Boynton areas, the business development program is designed to identify the strengths and weaknesses of individual businesses and design tools that, if followed, will help to secure a future in the area and compete effectively with new businesses that relocate to the area. It will assist businesses to develop an awareness of changing trends, demographic needs and help to .capitalize on opportunities created by the impending redevelopment. The Program by design, funding and implementation will be a joint venture among several partners. Some partners that have initially been identified are the Boynton Beach Chamber of Commerce, Florida Atlantic University CURE (Center for Urban Redevelopment and Education) and The Small Business Association for Micro Business. The Partners will serve as a conduit for qualified and interested Business Mentors as well as provide selection panelists. Florida University CURE will bring to the partnership the ability and the technology to analyze and quantify the program data. They have also been identified as a source for Graduate Interns who will assist the selected businesses with the hands on logistics of implementing the programs recommended by the Business Mentors. The Small Business Association and FAU CURE will also serve as an additional resource for the Businesses who have been identified as needing traditional business training. These organizations have existing business training programs that have a proven track record. 486O Business Genesis Program Page 5 of 35 The Boynton Beach Chamber of Commerce will be a resource of successful Business Mentors to help small and emerging businesses downtown and in the Heart of Boynton area. In addition, the Chamber will help choose mentors and assess business surveys to select the round one Business Genesis participants. The Chamber will also help to identify and secure other business resources, classes, etc. for the Program Participants. The Chamber will aid in the design and implementation of the Development Fair which is ~tn event to introduce local businesses (in the entire Boynton area) to CRA developers in an attempt to showcase opportunities in the redeveloped CRA Areas and to introduce businesses to the projects coming on line. The CRA Director and Staff will serve as the coordinating body for the Program. Along with the development and maintenance of Program documentation, the CRA will serve as a liaison among the Partners and mentors. The CRA will be a matching funding source of sponsorship and grant dollars. The logistics, as it relates to the operating of the program, will fall under the responsibilities of the CRA. Those responsibilities will include: three positions (the CRA Director, Administrative Assistant and Volunteer Board Member) on the Business Mentors Selection Panel, providing three positions (the CRA Director, Administrative Assistant and Volunteer Board Member) on round one Business Genesis Participants Selection Panel and maintenance of the electronic tracking system used by the Business Mentors to document their one-on-one activities with the Program Participants. The CRA shall market the Program, seek Sponsorships/Grants/Matching Funds and Resources and be the Public Relations Partner. Selection of Business Mentors: The CRA Staff, Chamber of Commerce, FAU and FAU Micro will seek Mentors from the region and gather background resumes and references from perspective participants. The Selection Committee of seven (7) for the Mentors is proposed to be comprised of one CRA Board Member, two CRA Staff, the Executive Director of the Boynton Beach Chamber, FAU/FAU Micro and the President of BODA. At the invitation of the Selection Committee, interested persons would submit a letter of interest citing their qualifications and the reasons he or she feels inclined to be a mentor in the Program. Third party references and recommendations will be required. 486! Business Genesis Program Page 6 of 35 The businesses will be interviewed for final selection by a' Panel consisting of the CRA Director, the Program Manager, one CRA Board Member, FAU, FAU Micro Business Program, thc Chamber of Commerce Executive Director and the Program's volunteer Mentors. The first group of business finalists will be set not to exceed twenty (20). The final list is anticipated to be from ten (10) to sixteen (16). Since the success rate of the participants will be critical to future Program continuation, the CPA's preference is to work with a smaller group to ensure that the Program's funding effort is spent in the most effective manner. Several constraints dictate that such a focused group should be used for the first year of the Genesis Program. First, limited initial funding will affect the Program size. Second, the Program is designed for Program Business Mentors to spend quality time; "one-on-one" with the businesses. Thus, a smaller number of participants will make it possible for the Business Mentors to spend more time with the owners and be more responsive to their needs. To maximize the business mentor's time and other limited program resources, graduate level interns will be available to assist the businesses with more time- consuming projects. Program Consulting Delivery Concepts: Historically, many of the existing Programs available to businesses require time away from their place of business on a regular basis and provide no assistance in solution management and implementation. The Program's highly experienced Business Mentors are "hands-on." They are expected to develop close bonds with the participants. The Mentoring Team may suggest the participants attend workshops, existing Programs and/or other available resources in support of their business's growth; however, the primary focus of the team is to bring significant insight and analytical tool sets to the business, which are normally unobtainable for small niche entities. This comprehensive strategic vision provides the participants with concepts, knowledge, solutions and the ability to execute; thereby not only being a success, but also becoming a result orientated business over achiever. The businesses will be required to spend a minimum of two hours per month with team Mentors. The Business Mentors shall meet monthly with each participant; this may be one or more team 4863 Business Genesis Program Page 8 of 35 members at a time. Business Mentors will have hours available for contact at a minimum of two days a week and at approximately two hours per day or as hours are needed. Once a month, a one hour roundtable meeting will be held with all participants and Mentor Team members to exchange success, failures and things learned over the past month. The Mentoring Team will track the business's progress and develop in conjunction with CRA staff and FAU interns a confidential electronic data file on each participant. This will better direct team member resources and serve to evaluate overall Program success. The team members will meet monthly to review, update, and add to the partiCipant's file. This meeting will be held just prior to the monthly roundtable. Participant Commitments and Requirements: Each participant, after the initial meetings with the team members, will be assisted in developing a strategic vision and establish measurable goals. The business's beginning reference points and end points will be recorded and analyzed for evaluation of the project's effectiveness. Monthly meetings to review these indicators will help direct Business Mentors, resources, etc. Businesses that do not, in the opinion of the Mentoring Team and the Selection Committee, sustain a concentrated effort will be dropped from the Program. However, the team shall make every effort to encourage continued participation and will document its concerns and attempts to remedy. A participating business shall demonstrate the following: · Requires willingness-to openly share confidential information with Business Mentors. · Boynton Beach Chamber Membership and/or Boynton Ocean District Association Member (If location is within BODA boundaries). · Proper time management to meet with the Mentodng Team each month. · Be open to act on recommendations from the Team. 4864 Business Genesis Program Page 9 of 35 Program Phasing and Scope of Work per Phase Phase I. Design Surveys: (Completed) The initial business survey has been designed by the CRA Staff to identify current effective and ineffective trends, overall performance, and needs of each business. Target area businesses shall have one-on-one assistance by the CRA to ensure completion if needed. CRA Staff and the Program's Partner will develop a Program Evaluation format to measure Program Elements. The Program will be evaluated at different junctures of the Program's life cycle to provide "mid" point analysis of impacts better tract impacts. Program Evaluation Periods · Current Status · Year One · Year Three · Year Five Phase I1: Participant Survey Analysis and First Year Participant Selection (1 month) This phase of work will entail the compilation of the data from the completed business surveys with a summary of results to be completed by staff and interns within three weeks of the proposed response deadline. They will be ranked as to the Program participation criteria and general business aspects by CRA staff. This ranking will be reviewed by the Selection Committee and Mentoring Team. The final twenty will then be asked to complete a Phase Two Survey (attached). After evaluation, ten (10)to sixteen (16) Participants will be selected by the Selection Committee and the Mentor Team to be invited to enter the Program. Phase II1: Detailed Business Analysis of Participants: (1 to 1.5 months) Businesses committed to and selected for participation in the Business Genesis Program will be contacted and an .appointment will be scheduled with the Business Mentor Team for the purpose of review of the Phase Two Survey and to complete the business's Program profile. The Team shall contribute notes, observations and narratives for CRA staff and interns to create a plan of action for each business. Each Business Owner will be asked for a commitment for the 4865 Business Genesis Program Page 10 of 35 agreed-upon plan of action and will establish an estimated time frame. The program begins as the mentor's meet with the businesses to more specifically discuss needs and initiate suggested plan of action (i.e., the marketing specialist will assess marketing needs and develop a marketing strategy for the business, etc.) Phase IV: Program One-on-One Consulting: (14 months) Business Mentors will set aside visitation hours and dates to deliver the Program's established range of consulting. Individualized assistance will be provided with a combination of Business Mentors through ongoing meetings and coaching sessions with business owners. Owners may have activities to complete to fulfill the requirements of the Program in between scheduled sessions with Business Mentors. Business Mentors will be available for phone consultations with business owners dudng set hours. The CRA with the support of FAU interns will develop a confidential participant data file to track progress, issues and needs. Team members will meet monthly to review each client's progress. A closed, secured and confidential online database will be developed to track progress of Program and individual businesses, as well as to provide a vehicle for the Business Mentors to have real time access to information regarding the details of all assistance given to each business. Workshop resources on specific topics pertaining to the needs of business owners will be identified such as the Chamber of Commerce, Flodda Atlantic University, SBA, The Palm Beach Resource Center, etc. Phase V: Program Evaluation Survey and Analysis: (2 months) Client files and evaluations by the team members will be used to identify the quantitative goals reached. A written report on the Program's results will be due no later than September Ist, 2005. 4866 Business Genesis Program Page 11 of 35 Event: Local Boynton Beach Businesses and identified CRA Developers will be asked by the Program to attend a "Development Fair." Note that inviting all local Boynton Businesses may bring additional local Businesses into the CRA area, therefore, the fair's business invitation is anticipated to extend beyond the CRA Area. The Development Fair will be designed as an interactive exchange between existing/potential CRA Developers and local business owners. Attendees will get the opportunity to meet the developers and discuss the potential of their business becoming a part of new development projects. Developers will have the opportunity to get to know local Businesses interested in the redevelopment area. The Business Genesis Program and Incentive/Grant Program will be presented to better brief both groups (Businesses and Developers). At the Event, qualified CRA Businesses will have the opportunity to fill out Phase I Survey for consideration for selection into the Business Genesis Program. 486? Business Genesis Program Page 12 of 35 Program Time Line: Phase Phase I Survey Design Phase II Survey Analysis & 1st Participants Selection Development Fair Phase II! Detailed Business Analysis of Participants Phase IV Program One-on-One Consulting Phase V Program Evaluation Start Date October 2003 April 2004 April 2004 May/June 2004 July 20041August 2005 August/September 2005 ~ 1st Parlicipants =ha. se lib Development Ohase III Detailed ~usiness Analysis of =arlicipants ~hase iV Progrdm _Ore.- C0nsatting Phase ¥ Program 4868 Business Genesis Program Page 13 of 35 Business Genesis Program Budget: Program Delivery Cost $7,750 · Phasel $-0- · Phase II $ 300 · Development Fair $1,250 · Phase III $ 200 · Phase IV $3,500 · Phase V $ 5OO $1,500 $ 750 $7,750 Completed Misc. expenses 14 Monthly Mentor's Roundtable Meetings & Expenses at $250 Miscellaneous expenses, copies, etc. Graduation Event Office Expenses, Miscellaneous, Postage Total Costs 4869 Business Genesis Program Page 14 of 35 l 4870 Business Genesis Program Page 15 of 35 Business Genesis Program Page 16 of 35 BOYNTON BEACH BUSINESSES South Trust Plaza Healthy Mothers, Healthy Babies 211 S Federal Hwy Boynton Beach FL 33435 Asset Foundry-Software Development 211 S Federal Hwy Boynton Beach FL 33435 Best Health & Homecare, Inc. 211 S Federal Hwy Boynton Beach FL 33435 JMS Design Architect 211 S Federal Hwy Boynton Beach FL 33435 The Beauty Institute 211 S Federal Hwy Boynton Beach FL 33435 Basic Insurance Group 211 S Federal Hwy Boynton Beach FL 33435 Seitz Pediatrics 211 S Federal Hwy Boynton Beach FL 33435 401 E Boynton Bch Blvd ABC Rentals 401 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Fred & Joe's Tire Center 319 E Boynton Bch Blvd Boynton Beach, FL 33435 DJ's Restaurant 301 E Boynton Bch Blvd Boynton Beach, FL 33435 4872 Business Genesis Program Page 17 of 35 736-5969 733-9366 752-9888 735-9990 374-9383 734-1881 734-1888 739-9888 732-4102 732-5172 Palm Beach Eyes 211 E Boynton Bch Blvd Boynton Beach, FL 33435 Main Street Car Wash 201 E Boynton Bch Blvd Boynton Beach, FL 33435 Kevin LaMontagne - Attorney-at-Law 125 E Boynton Bch Bivd Boynton Beach, FL 33435 109 E Boynton Bch Blvd ^lA Discount Beverage & Liquor 109 E. Boynton Beach Blvd Boynton Beach, FL 33435 Lucky Chinese Take-Out 109 E. Boynton Beach Blvd Boynton Beach, FL 33435 G & C Pawnshop 109G 109 E. Boynton Beach Blvd Boynton Beach, FL 33435 The Consignment Shop 411 E Boynton Bch Blvd Boynton Beach, FL 33435 Magic & Comedy of the Taylors 413 E Boynton Bch Blvd Boynton Beach, FL 33435 Jubilee Church of Boynton Beach 415 E Boynton Bch Bird Boynton Beach, FL 33435 Sars Poppa Pizza 417 E Boynton Bch Blvd Boynton Beach, FL 33435 Randall Ebling - Chiropractic Physician 209 W Boynton Bch Blvd Boynton Beach, FL 33435 4873 Business Genesis Program Page 18 of 35 732-8088 734-7608 732-0100 738-5616 742-4210 736-1616 736-8767 740.0907 364-4824 733-8446 732-1540 BB Chiropractic Center- Dr Floyd Beil 213 W Boynton Bch Blvd Boynton Beach, FL 33435 Hair Avante - Hair Salon 225 W Boynton Bch Blvd Boynton Beach, FL 33435 Lloyd's Plaza, W Boyntqfl Eleach Blvd 735-0907 736-2995 American Latin Market, Inc. 401 W. Boynton Beach Blvd. Boynton Beach, FL 33435 A Auto Insurance Wodd Ste 405 405 W. Boynton Beach Blvd. Boynton Beach, FL 33435 BJ'S Coin Laundry Ste 1404 1404 W. Boynton Beach Blvd. Boynton Beach, FL 33435 Law Offices 413 W Boynton Bch BIvd Boynton Beach, FL 33435 Capt Franks Seafood 435 W Boynton Bch Blvd Boynton Beach, FL 33435 Attorney Alternatives 444 W Boynton BCh Btvd Boynton Beach, FL 33435 Citadel Chiropractic 444 W. Boynton Beach Blvd. Boynton Beach, FL 33435 Telecom Connection 433 W Boynton Bch Blvd Boynton Beach, FL 33435 A Better Choice - Cremation Service 432A W Boynton Bch Blvd Boynton Beach, FL 33435 4874 Business Genesis Program Page 19 of 35 734..-0092 737-7283 734-2835 736-3434 732-3663 731-0092 /U2-5354 265-1414 736-3335 332 W Boynton Bch Blvd Nationwide Insurance 332 W Boynton Beach Blvd Boynton Beach, FL 33435 Alpha Diagnostic & Chiropractic 332 W. Boynton Beach Blvd. Boynton Beach. FL 33435 AJ Partners, Inc. 332 W. Boynton Beach Blvd. Boynton Beach FL 33435 Signature Signs 332 W. Boynton Boynton Beach & Graphics Beach Blvd FL 33435 Boynton Beach 326 VV Boynton Boynton Beach Dental Center Bch Blvd FL 33435 Ali's Boynton Beach Oil Corp. 302 W Boynton Bch Blvd Boynton Beach FL 33435 South Palm Beach Chiropractic Center 138 W Boynton Bch Blvd Boynton Beach FL 33435 Cuts Plus '~26 W Boynton Bch Blvd '*on Beach FL 33435 Weiss Mere,. .... '"' a el 202 E Boynton EJ(~-~.., Boynton Beach, FL 33435 Tropical Realty 410 E Boynton Bch Blvd Boynton Beach, FL 33435 Bud's Carpet & Tile 416 E Boynton Bch Blvd Boynton Beach, FL 33435 4875 734-0660 752-9099 735-4554 736-3712 737-6445 736-5565 733-9660 732-1333 737-0001 364-0404 732-7710 Business Genesis Program Page 20 of 35 Boynton Auto Supply, Inc. 422 E Boynton Bch Blvd Boynton Beach, FL 33435 Ace Hardware 510 E Boynton Bch Blvd Boynton Beach, FL 33435 The Haven Thrift Shops 212 E Boynton Bch Bivd Boynton Beach, FL 33435 All Pro Haircuts & Bikini Room 306 E Boynton Bch Blvd Boynton Beach, FL 33435 Boynton Bicycle Shop 312 E. Boynton Beach Blvd. Boynton Beach FL 33435 Roncare Service 312 E. Boynton Beach Blvd. Boynton Beach FL 33435 Asset America Insurance Agency 312 E. Boynton Beach Blvd. Boynton Beach FL 33435 Bruno's Auto Body & Paint 217 NE 3r~ St Boynton Beach. FL 33435 Royal Palm Aluminum, inc. 321 N Railroad Ave Boynton Beach FL 33435 Pioneer AutoCare 401 N Railroad Ave Boynton Beach FL 33435 Boynton Auto Clinic 409 N Railroad Ave Boynton Beach FL 33435 312 E Boynton Bch Blvd 4876 Business Genesis Program Page 21 of 35 732-4171 732-2161 738-0785 369-5008 737-2774 731-5399 364-4011 737-7506 735-3288 375-7977 732-2228 Mario Ferazzoli & Son, Inc. 419 N E 4~h Ave Boynton Beach FL 33435 Taylor Pneumatic Tool Co. 505 N Railroad Ave Boynton Beach FL 33435 Merkel Glass Service, Inc. 555 N Railroad Ave Boynton Beach FL 33435 The Printing Office 1599 SW 30th Ave Boynton Beach FL 33435 Milo Food Service Equipment Dist. 611 N Railroad Ave Boynton Beach FL 33435 Boyd's & McCord, Inc. 623 N Railroad Ave Boynton Beach FL 33435 Boynton Liquor Store & Hideaway Lounge 302 N. Federal Hwy Boynton Beach, FL 33435 Top Taste Restaurant 310 N Federal Hwy Boynton Beach, FL 33435 Happy Garden Chinese Take-Out 312 N Federal Hwy Boynton Beach, FL 33435 Friends Market Corp. 314 N Federal Hwy Boynton Beach, FL 33435 Family Dollar Store 316 N Federal Hwy Boynton Beach, FL 33435 The Boynton Beach Plaza 4877 Business Genesis Program Page 22 of 35 734-2010 732-1111 732-2510 732-2388 734-3150 734-3944 732-2431 735-0770 738-5555 737-4906 738-9377 Margy's Restaurant 404 N Federal Hwy Boynton Beach FL 33435 G & I Beauty Salon 406 N Federal Hwy Boynton Beach FL 33435 Leon's Furniture 408 N Federal Hwy Boynton Beach FL 33435 Elegant Beauty Supplies 416 N Federal Hwy Boynton Beach FL 33435 Sunshine Caribbean American Grocery 424 N Federal Hwy Boynton Beach FL 33435 Manny's Music Wodd & Variety 432 E Boynton Beach Blvd. Boynton Beach FL 33435 NY Men's Clothing 438 N Federal Hwy Boynton Beach, FL 33435 Tropical Flavors 452 N Federal Hwy Boy'nton Beach, FL 33435 E-Z Wireless 454 N Federal Hwy Boynton Beach, FL 33435 Village Pawn Shop 456 N Federal Hwy Boynton Beach, FL 33435 737-5195 733-9141 752-5744 732-5404 732-0007 742-3833 732-5566 732-2990 752-2990 737-8670 4878 Business Genesis Program Page 23 of 35 Hurricane Alley 529 E Ocean Ave Boynton Beach, FL 33435 Dolphin Beach Sportswear 531 E Ocean Ave Boynton Beach, FL 33435 Fashion Shoppes Boutique 515 E Ocean Ave Boynton Beach, FL 33435 Oyer Insurance Harvey Oyer Jr., Inc. 511 E Ocean Ave Boynton Beach, FL 33435 Kenny's Market 214 E Ocean Ave Boynton Beach, FL 33435 The Blossom Shoppe Florist 402 East Ocean Ave Boynton Beach, FL 33435 Reflections Hair & Nail 404 East Ocean Ave Boynton Beach, FL 33435 Wellspring Massage & Aromatherapy Center 408 E Ocean Ave Boynton Beach, FL 33435 Ocean Pizza 412 East Ocean Ave Boynton Beach, FL 33435 Custom Made Furniture 1370 W Industrial Ave Boynton Beach, FL 33426 Southeastem Television Distribution 522 East Ocean Ave Boynton Beach, FL 33435 East Ocean Ave 4879 Business Genesis Program Page 24 6f 35 364-4008 732-3838 7~-9~7 732-9305 734-4047 732-3722 732-7679 732.-6762 742-4958 752-8333 732-0034 Mrs. Hilda's Antique Shop 524 East Ocean Ave Boynton Beach FL 33435 Tany's Tailoring 526 East Ocean Ave Boynton Beach FL 33435 Pat's Accents 528 East Ocean Ave Boynton Beach FL 33435 Rosetta's Hairstyling & Barber 530 East Ocean Ave Boynton Beach, FL 33435 Sailfish Realty 532 East Ocean Ave Boynton Beach. FL 33435 The Cottage Station 101 S Federal Highway Boynton Beach. FL 33435 Ocean Food Mart 101 N. Federal Hwy Boynton Beach FL 33435 Coldwell Banker Residential Real Estate, Inc. 100 S. Federal Hwy Boynton Beach, FL 33435 Gonsman Custom Draperies 104 S Federal Hwy Boynton Beach, FL 33435 Rau's Decorating Centre 616 E Ocean Ave Boynton Beach, FL 33435 Reed, Griffith & Moran 630 E Ocean Ave Boynton Beach, FL 33435 4880 735-0333 738-8043 374-9040 369-8194 738-6613 364-2588 737-6442 732-8841 732-8841 732-3800 737-1995 Business Genesis Program Page 25 of 35 Community Title Associates, Inc. 632 E Ocean Ave Boynton Beach, FL 33435 John Had Adams (Tax Consultant) 634 E Ocean Ave Boynton Beach, FL 33435 The Ad of Framing 638 E Ocean Ave Boynton Beach, FL 33435 Ocean Ridge Jewelers 640 E Ocean Ave Boynton Beach, FL 33435 Ad-Sea Living 640 E Ocean Ave Boynton Beach, FL 33435 The Fancy Flamingo 640 E Ocean Ave Boynton Beach, FL 33435 Skinsations 640 E Ocean Ave Boynton Beach, FL 33435 Fran's Sew 'n Sew, Inc. 640 E Ocean Ave Boynton Beach, FL 33435 Ocean Chiropractic Center Dr. Eric Hermann 640 E Ocean Ave Boynton Beach, FL 33435 Simpatico Color & Design 640 E Ocean Ave Boynton Beach, FL 33435 Martini Nails 640 E Ocean Ave Boynton Beach, FL 33435 Ocean Plaza 4881 Business Genesis Program Page 26 of 35 735-9737 732.-6677 737-2299 738-1570 737-2600 735-8848 742-3223 734-1114 733-8500 733-8500 364-5951 Flowers By The Sea 640 E Ocean Ave Boynton Beach, FL 33435 The Lingede Boutique 640 E Ocean Ave Boynton Beach, FL 33435 Grooming By Holly 640 E Ocean Ave Boynton Beach, FL 33435 Past Perfect Flodda History, Inc. 640 E Ocean Ave Boynton Beach, FL 33435 Sea Mist III Ddftboat 700 Casa Loma Blvd Boynton Beach FL 33435 Two Georges Waterfront Grille 728 Casa Loma Blvd Boynton Beach FL 33435 Banana Boat Restaurant & Lounge 739 E Ocean Ave Boynton Beach FL 33435 Boynton Beach Boat Rentals, Inc. 700 Casa Loma Blvd Boynton Beach FL 33435 Dive Charters Intemational Inc 700 Casa Loma Blvd Boynton Beach, FL 33435 Intracoastal Jet Ski Rental 700 Casa Loma Blvd Boynton Beach FL 33435 Loggerhead Enterprises 728 Casa Loma Blvd Boynton BeaCh FL 33435 Marina Businesses 4882 731-4545 740~7717 737-0575 742-7822 732-9974 736-2717 866-1242 732-6010 278-0356 735-2149 585-6803 734-3818 735-0612 369-1114 Business Genesis Program Page 27 of 35 Splashdown Divers 700 Casa Loma Blvd Boynton Beach, FL 33435 Paul Fasola Hammer Time Fishing 1405 SVV 25th Ave Boynton Beach, FL 33426-7425 Related Companies of Florida, Inc. 2828 Coral Way Miami, FL 33155 The King's Kitchen Martin Luther King, Jr. Blvd. Boynton Beach, FL 33435 E-Z Market 1005 N Seacrest Blvd Boynton Beach, FL 33435 Turning Heads by Avchon 404 Martin Luther King Jr. Bird Boynton Beach, FL 33435 The King Meat 126 Martin Luther King Jr. Blvd Boynton Beach, FL 33435 Heart of Boynton Businesses 736-0712 737-0258 685-1207 460-9900 364-2888 733-4307 732-2027 742-1770 4883 Business Genesis Program Page 28 of 35 Boynton Beach CRA Area Business Genesis Program Survey Name Date: Name of Business Business Address Business Address Phone NumbedFax/Email Which of the following best describes your company's business structure? Self-Employed or Contractor C' Pdvate Partnership Privately Held Corporation C* Publicly Traded Corporation In what is your main business activity? Manufacturing C' Cra~s C- Retail Store Wholesale IT and/or Internet Professional Services c- Financial Services Other Services Other Describe your business: 4884 Business Genesis Program Page 29 of 35 Boynton Beach CRA Area Business Genesis Program Survey Continued How many people does your business currertfly employ? (Convert part-time jobs to full-time job equivalents by using the formula: one full time job equals 2080 hours per year per job) Count yourself. 1 Person either part or full-time 2-5 Full-time Equivalents 6-9 Full-time Equivalents 10-25 Full-time Equivalents 26-50 Full-time Equivalents 51-100 Full-time Equivalents Which of the following best describes how you feel about your busine~_-_ (Check all that apply)? C- Excited Great Fair Cautious C- Unhappy C- Do not like change. Change is going to happen anyway, so I have no choice. Fearful of the future. ,..-- No Views on this question. How would you rate your business's financial COndition? Has surplus funds and/or good access to additional capital. (-~ Has reasonable cash flows and/or could make strong case for more finance. Cash flow is tight but chances of raising additional finances are reasonable. C' Struggling to maintain positive cash flow and prospects of getting additional finance are poor. C- Financial condition is critical/terminal. How would you characterize your management team relative fo your business's size/potential? C' Exceptional experience, expertise and depth. C- Bit stretched but adequate coverage. Coping with some gaps. Weak with some serious short falls. Very poor and inadequate. 4885 Business Genesis Program Page 30 of 35 Boynton Beach CRA Area Business Genesis Program Survey Continued How would you rate your products in terms of price, quality, features and benefits? Very superior to most competitors. Supedor to some competitors. C- In line with the competition. Infedor to some competitors. Very inferior to most competitors. How would you rate your services in terms of price, quality, features and benefits? Very superior to most competitors. C' Superior to some competitors. In line with the competition. Infedor to some competitors. Very inferior to most competitors. How strong/effective is the marketing function/thinking within your business? Marketing plays a leading role in the business's overall development_ Marketing is an important part of the sales function. Marketing is weak and has very limited role/influence. Marketing function does not really exist. How would you describe the efficiency of your business's operations? Better than most competitors. C' Better than some competitors. C' In line with competition. Worse than some competitors. Worse than most competitors. How would you describe the cost competitiveness of your business's operations? Better than most competitors. Better than some competitors, In line with competition. Worse than some competitors. Worse than most competitors. 4886 Business Genesis Program Page 31 of 35 Boynton Beach CRA Area Business Genesis Program Survey Continued What do you feel would help your business the most (Check all that apply)? Sharpen my skills or consulting to help better my business Money Sources Less Government Regulations Better Employee Poo~ Less Competition More Customers C- Reduced Costs Are you interested in the Business Genesis Program? Yes No Why do you want to be considered as participants in the Business Genesis Program? What is the one thing you currently do best? What is the one thing that that could use the most work? 4887 Business Genesis Program Page 32 of 35 Boynton Beach CRA Area Business Genesis Program Survey Continued What is your hope for the future? 4888 Business Genesis Program Page 33 of 35 Boynton Beach CRA Area Business Genesis Program Survey Phase !i Name Date Name of Business Business Address Business Address Phone NumberlFax/Email How long has your business been in operation? What were your Gross Sales? 2003 $ 2002 ~ 2001 $, What was your Gross Profit? 2003 [ 2002 ~ 2ool ~ What is your average gross monthly sales volume? What is your highest revenue generator? What is your average gross monthly expense? What is your highest monthly expense item? What is your current gross debt including all accounts payable and loans? $. What is your current gross assets including any real estate holdings, savings, and investments? $ For the most current year completed, how profitable is your business in terms of the profit expressed as a percentage of investment? Very Profitable (e.g. annual return above 25%) C- Moderately Profitable (e.g. annual return in range 10%- 25%) Lirnited Profitability (e.g. annual return below 10%) Break Even Loss 4889 Business Genesis Program Page 34 of 35 Boynton Beach CRA Area Business Genesis Program Survey Phase II Continued What are your annual costs for the following: AdvertisinglMarketing Raw Materiale/Cost of Goods Labor Overhead Mortgage/Rent Do you have labor issues or concerns? List the types of employees employed by your business and their required skills. What are the top three areas in which you need assistance? 4890 Business Genesis Program Page 35 of 35 MEMO To: From: Re: Date: CRA Board Douglas Hutchinson Special Pilot Program for Police Patrol in Heart of Boynton and the CBD. March 9, 2004 During the July 2003 Board Meeting, the Board directed Staff to develop a Pilot Program that addressed the security needs of the Central Business District and the Heart of Boynton District. During that same meeting, Chief Marshall Gage of the Boynton Beach Police Department presented three proposals to the Board. The presentation highlighted the Staffing levels and zones that are comprised within the CRA Area. While staffing has been increased in the Heart of Boynton District as part of the regular services, the Chief felt that additional coverage would be necessary due to "Special Conditions in the Area." The proposal also noted that the terminated Bike and Foot patrol in the CBD could be resurrected due to citizen's request and the additional elements that exist during a redevelopment process. The Police report gave initial proposals ranging from $270,457 to $363,112 for each area. The current revised "Pilot Program" highlights and addresses several issues not brought to you before. · All officers and equipment will be outfitted with distinguishable uniforms and CRA logo. This will visually identify the teams as CRA special units. · While the units are in CRA boundaries duty rotation they will be separate from general rotation and non emergency calls in other parts of the City. · The Program calls for four officers with two squad cars,, two patrol bikes with necessary equipment, uniforms, office space with furnishings and supplies. 4891 The proposed cost of the "Pilot Program" is $75,000 for the Heart of Boynton District and $75,000 in the Central Business District for the remainder of the 2003/2004 budget year. Each District has a proposed budget of $125,000 for the 2005/2006 and will be brought back to you for consideration at budget time. The possibility of using a private Service Supplier for these services was investigated. It was determined that using a private vendor, while cheaper, could have many adverse affects which Chief Gage will elaborate on during his report to the Board on March 9th. 4892 4893 4894 MEMO TO: CRA Board FROM: Susan Vielhauer SUBJECT: Consideration of Regions Core Grant Applications DATE: March 2, 2004 The Development Regions Grant Program was posted as a public notice. Twenty-six interested parties contacted the CRA ~ picked up the program application. The following two of the 26 interested appliCants have completed the application PrOCeSS. Boynton Delray Academy is building a ~ew school at a project cost of. $905,502.00. Boynton Deiray Academy has requested $50,000 from the County with a CRA match of $50,000 and will create five new jobs. Tropical Flavors II is a juice-bar/bakery, wflich will be located..in the Sunshine Square Center on the corner of Federal Highway and Woolbright. Tropical Flavors has requested .$18,500 from the County with a CRA .match of $18,500 and will create two new jobs. The CRA Board approval of this grant is the first of a three-step process and if approved the applications will be sent to the Economic Development Division for approval and then to the Palm Beach County Commissioners. Staff is recommending the approval of the grant for Boynton Delray Aoademy $50,000. Staff is recommending the approval of the grant for Tropical Flavors It for 4895 X. Commission Action 4896 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. l'he 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. Special Provisions Price Is For F. xtenslon Of Bo~nton Beach Blvd. From Federal Highway To Cul-De-Sac/Entry To Promenade Only. Alternates Include Cost Of Custom Architectural Features Such As; Gateway E. ntry Features, and Landmark Architectural Features. Price Does Not Include Costs Associated With City Utility Installations Within The RAN Alternate Price Includes Relocation Or UndergroundJng Of Franchlse 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 Access Road. See Separate Proposal For These Items. All Items Noted "1" In The Left Margin Were Modified As A Result Of Budget Discussions 2/23/04 Alternate Improvement totals include Mobilization/General Conditions/Permltlng/and Design/Build fees 4783 Boynton Beach Blvd Ext Sheet 5 of 5 ' Promenade Initial Opinion Of Probable Cost Updated Through March 1, 2004 From: Burkhardt Construction, Inc. 1400 Alabama Ave. #20 West Palm Beach, Fl. 33401 Att: Dennis E. Haynes Tel: (561) 659-1400 Fa~ i561) 659-1402 To.' Boynton Beach Community Redevelopment Agency 639 East Ocean Ave., Suite #107 Boynton Beach, FL. 33435 Att: Douglas Hatchinson, Director Tel: 737 - 3256 Fa)c 737 - 3258 Prolect C.R.A. Project # BBB20(~3-1, Design Bu~ Procurement Boynton Beach Bb~t. Ex~asion, Promenade And Ri~-walk Phase II Promena(te Eng Inset: Plans: Kimley - Horn And Assoc~,s, Inc. 4431 Embarcadero Ddv~ West Palm Beach, FI. 334070 Sheets 1, 9.1, 9.2,9.3, 9.4,9.5, 10.1, 10.2, 11.1, 12.1, 12.2, 12.3, 12.4, 12.5, 13.1, 13.2, 13.3, 13.4, 13.5 Dated 01/08/04 Item Description Quantity Unit Price Amount Team Recommendation 150,000.00 $ 150,000.00 Mobilization/General Conditions 1 Mobilization/General Conditions $ I LS $ 150,000.00 $ 150,000.00 MalntenanceofTraffic None Required $ $ $ ~.~,000.00 $ 18,000.00 Cleadng and Grubbing Site Clearing Grubbing And Disposal $ 1 LS $ 15,000.00 $ ;5,000.0O Grading Roadway Grading Unsuitable Subsoil Excavation & Removal Roadway Fill/Compaction Excavation For Landscaping Fine Grading Final Dressing/Cleanup I LS $ 32,50~O~ 3000 CY $ ?.50 1 LS $ ,~..000.00 ILS $ 5,000.00 1 LS $ 3,500.00 1 LS $ 7,000.00 120,500.00 $ 120,500.00 32,500.00 22,500.00 50.000.00 5,000.00 3,500.00 7,000.00 4784 Promenade Sheet 1 of 4 Water & Sewer Utilities 1 Water & Sewer Utilities $ 75,000.00 $ 75,000.00 1 LS $ 75,000.00 $ 75,000.00 Subgrade & Base & Asphalt 8" Limerock Base 12" Stabilized Subgrade Geotextile Concrete Work 12" Header Curb Color Concrete Standard Gray Concrete 6" Band w/Salt Rock Finish $ 5867 SY $ 11.30 $ 5867 SY $ 4.75 $ 16500 SF $ 0.50 $ 820 LF $ 20.00 380 LF $ 25.00 1200 SF $ 3.50 1320 LF $ 20.00 102,415.35 $ 102,415.35 66,297.10 27,868.25 8,250.00 56,500.00 $ 56,500.00 16,400.00 9,500.00 4,200.00 26,400.00 Surface Treatment 1 Precast Sidewalk Pavers $ 7500 SF $ 8.00 $ 45,000.00 $ 45,000.00 45,000.00 Site RetainlngWalls I RetalnlngWalls $ 330 LF $ 225.00 $ 74,250.00 $ 74,250.00 74,250.00 Furnishings Socrates Bench Socrates Cube Litter Bl'n Handrail Architectural Features See Separate Coat Proposal $ 14 Ea $ 2,060.00 $ 2 Ea $ 850.00 $ 3 Ea $ 1,435.00 $ 330 LF $ 250.00 $ 117,345.00 $ 117,345.00 28,840.00 $ 28,840.00 1,700.00 $ 1,700.00 4,305.00 $ 4,305.00 82,500.00 $ 82,500.00 $ $ - 182,400.00 $ 182,400.00 Electrical & Street Lighting Street Lighting Pole #1 (25'Ht.) Upllghtlng Electrical Service Points Conduit, Wiring, Pull Boxes 6 Ea $ 4,550.00 12 Ea $ 800.00 3 Ea $ 13,500.00 1 LS $105,000.00 27,300.00 9,600.00 40,500.00 105,000.00 Landscaping 1 Additional Landscaping Allowance Crepe MyrtJe Purple Crlnum Lily Indian Hawthorn Sod Root Barrier Planting Soil Mulch Fertilizer 1 LS $ 65,000.00 12 Ea $ 30.00 12 Ea $ 30.00 172 Ea $ 12.00 5000 SF $ 0.40 250 LF $ 11.00 30 CY $ 30.00 7 CY $ 3o.00 ILS $ 200.00 73,844.00 $ 73,844.00 65,000.00 $ 65,000.00 360.00 $ 360.00 360.00 $ 360.00 2,064.00 $ 2,064.00 2,000.oo $ 2,000.00 2,750.00 $ 2,750.00 900.00 $ 900.00 210.00 $ 210.00 200.00 $ 200.00 4785 Promenade Sheet 2 of 4 I~gation Plplng, Main Lines, Zone Lines & Heads Valves, Controller & Time Clock Electrical Service/Connection Water Set, ce/Connection $ 17,000.00 $ 17,000.00 ILS $ 7,500.00 $ 7,500.00 1 LS $ 3,000.00 $ 3,000.00 ILS $ 4,000.00 $ 4,000.00 1 LS $ 2,500.00 $ 2,500.00 Building Features See Separate Cost Proposal $ $ 160,000.00 $ 160,000.00 Contingency I 15% Of Construction Value $ 1 LS $ t60,000.00 $ 160,000.00 Design/Permit Fees Design/Permits ILS $213,284.00 $ 213,284.00 $ 213,284.00 $ 2 t 3,284.00 Subtotal Promenade Wetland Mitigation 1 See Separate Cost Proposal ADDITIONAL CONSIDERATIONS 1 LS $0 Wetland Mitigation Subtotal Architectural Alternate Improvements Multi-Use Restroorn/Ticket Booth/E.M.S./S~ Storage Bldg. Canopy Shade Structure Day Dock Architectural Entry Feature Landmark Architectural Feature I LS $ 375,000.00 4 LS $173,000.00 1 LS $250,000.00 I F_.A $295,000.00 1 EA $782,000.00 $ 1,402,538.35 $ 1,402,538.35 $ $ 3,69t,000.00 $ 1,317,000.00 375,000.00 $ 375,000.00 592,000.00 $ 692,000.00 250,000.00 $ 250,000.00 295,000,00 $ 762,000.00 $ Electrical Undergrounding Alternate Improvements Undergroundlng for FPL Utilities $ ILS $ 375,000.00 $ Alternate Improvements Subtotal $ Total Considerations $ 375,000.00 $ 375,000.00 375,000.00 4,068,000.00 $ 1,692,000.00 5,468,538.35 $ 3,094,538.35 Special Provi$10ns Alternate Price Includes Cost Of Custom Architectural Features Such As; Gateway Entry Features, Sculptural Art Displays Or Landmark Architectural Features. Alternate Price Includes 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 Access Road. See Separate Proposal ForThese Items. All Items Noted "1" In The Left Margin Were Modified As A Result Of Budget Discussions 2/23/04 4786 Promenade Sheet 3 of 4 - 5 Alternate Improvement totals Include Mobilization/General Conditions/Permiting/and Design/Build fees 4787 Promenade Sheet 4 of 4 Riverwalk Initial Opinion Of Probable Cost Updated Through March 1,2004 From:. Burkhardt Construction, inc. 1400 Alabama Ave. #20 West Palm Beach, FI. 33401 Att: Dennis E. Haynes Tel: (561) 659o1400 Fmc (561) 659-1402 To: Boynton Beach Community Redevelopment Agency 639 East Ocean Ave., Suite #107 Boynton Beach, FL. 33435 Att: Douglas Hutchinson, Director Tel: 737 - 3256 Fa)c 737 - 3258 Project: C.R.A. Project # BBB2003-1, Design Build Procurement Boynton Beach Blvd. Extension, Promenade And Riverwalk Phase III Riverwalk Engineer: Plans: Kimley - Horn And Associates, Inc. 4431 Embarcadero Drive west Palm Beach, FI. 334070 Sheets 1, 9.1, 9.2, 9.3, 9.4, 9.5, 10.1, 10.2, 11.1, 12.1, 12.2, 12.3, 12.4, 12.5, 13.1, 13.2, 13.3, 13.4, 13.5 Dated 01/08/04 Item Description Quantity Unit Price Amount. Team Recommendation Mobilization/General Conditions Mobilization/General Conditions Maintenance of Traffic None $ 550,000.00 $ 1 LS $ 550,000.00 $ 550,000.00 $ $ $ $ $ $ 152,500.00 $ Clearing and Grubbing None GradlnglRock Revetment Rock Revetment Final Dressing/Cleanup ILS 1 LS $ 150,000.00 $ 2,500.00 $ 150,000.00 $ 2,500.00 4788 Riverwalk Sheet 1 of 3- Storm Drainage None $ $ $ $ Subgrade & Base & Asphalt None 0 SY $ $ 5.00 $ Concrete Work Standary Gray Concrete 12" Color Concrete Header w/Salt Rock Finish 1 Concrete Riverwalk Pier Structure (l~ullt In Conjunction With Balance Of Project) Surface Treatment Precast Sidewalk Pavers 10192 SF $ 3.00 722 LF $ 20.00 1 LS $ 3,500,000.00 7365 SF $ 5.50 $ 3,545,016.00 $ $ 30,576.00 $ 14,440.00 $ 3,500,000.00 $ 40,507.50 $ $ 40,507.50 Hardscape None $ $ $ 387,026.00 $ Furnishings Utter Bin (Incl. Conc. Pad) Presidio Bench (Incl. Conc. Pad) Handrail (Alt. Design) Architectural Features and Sculpture See Separate Cost Proposal 13 Ea 18 LF 2466 LF 1,435.00 3,340.00 125.00 $ 18,655.00 $ 60,120.00 $ 308,250.00 $ $ $ 411,000.00 $ Electrical & Street Lighting Street Ughtlng Pole #1 (25'Ht.) Architectural features Lighting Vendor Power Outlets Electrical Service Points Conduit, Wiring, Pull Bo~es 14 Ea 2 LS 40 Ea 3 Ea 1LS $ 4,750.00 $ 50,000.00 $ 850.00 $ t3,500.00 $ 170,000.00 $ 66,500.00 $ 100,000.00 $ 34,000.00 $ 40,500.00 $ 170,000.00 Landscaping None $ $ 4789 Riverwalk Sheet 2 of 3 . Irrigation None $ $ $ $ - $ Building Features None Signing & Striping None Contingency 1 15% Of Construction Value $ 765,000.00 $ I LS $ 765,000.00 $ 765,000.00 Deelgn/Permit Fees Design/Permits $ 645,555.35 1 LS $ 645,555.35 $ 645,555.35 300,000.00 Wetland Mitigation Wetland Mitigation Estimate Alternate Improvements Canopy Shade Structure Subtotal Rlvarwal k ADDITIONAL CONSIDERATIONS 1 LS $ 200,000.00 Wetland Mitigation Total $ 6,496,603.85 $ $ 200,000.00 $ $ 200,000.00 $ 200,000.00 $ 997,000.00 $ 1 LS $ 997,000.00 $ 997,000.00 Alternate Improvements Total $ 997,000.00 $ Total Considerations $ 7,693,603.85 $ 300,000.00 300,000.00 Special provisions Price Is For RIverwalk Construction Only. Price representative of 30% drawings for Promenade/Rlverwalk. Alternate Price Includes Cost Of Custom Architectural Features Such As; Gateway Entry Features, Sculptural Art Displays Or Landmark Architectural Features. Pdce Does Not Include Costs Associated With City Utility Installations Within The RNV Price Does Not Include Temporary Improvements For "Relax-Inn" Site Or Temporary Construction Access Road. See Separate Proposal For These Items. All Items Noted "1" In The Left Margin Were Modified As A Result Of Budget Discussions 2/23/04 479O Alternate Improvement totals include Mobilization/General Conditions/Permlting/and Design/Build fees · ~ Riverwalk Sheet 3 of:3~.:I ~i. Xl. Board Member Comments 4897 Any person who decides to appeal any decisi°n 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 accommodate your request. Xll, Legal 4898 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. l'he 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. XIII. Other Items 4899 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 accommodate your request. x v. Future Agenda Items A. Consideration of Securing CBD Surface Parking Rights (April). B. Youth Community Improvement Grant (April). C. 2002/2003 Annual Report (April). D. Consideration of Pilot Program for Trolley Service in the CBD (May). 4900 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 accommodate your request. xv. Adjournment. 4901 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. £he CRA shall famish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal oppommity 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. COLOR PHOTOGRAPHS 4827 :-Eo'an ¢ommltn~ent Lette ~ , .. .: ~.?~:: '~;.-..'~ '--.i:.i;~, ..-_1 - · ~. ' -' · · . .::~.~...'.;.:... 'October'3;l: 2'~6 .... ' ' - .... ~ .'-'t~~ ~'~:'~ ...... ~ . . .... ..¢~.. '~x~ ~,.:.. . .:~ .... ~' ' ~-. ..... ;..~~..::~- ~ ;~;~'--7 ............. :.:., · :.' ':', ...... '~M:. ' · . '- · '.?;' ., · :District of Colg~bJa not-for,pr~{k.~e°mti°,z4~Lende~), agrees tc ~'B, 'm ~n ~demy,· -16~¢;~.~?~l~'d~a :,.'fi'~.profit ~omtion ~nditlon~-h~olnaffer:-s~t"f~j~n~:the"~onal ~nd~ons set .Conditions annexed here~0 and .. ,. -_... ,: . .;~ .' . · ' .... ' ' ' . ' · - . . . . ;L.. '; '~"'7: ~ "'~- ' :L% ;the LOa_.n shal! be .u,S.._e~g!e.[y?...O~i.(i)~tl,h'.e.,.f~e~.~,c°~t~, and expenses "Incurred by the 'Ei&'"r~&w~:~ :i~i ~.~h~{IOn' '~i~-'~';~n~f~ction Work (herei~er defined) to be prosecuted and completed-by the Borrower in and about the developed real property owned 'bY the Borrower es. ·identified in the legal 'description - attached to this letter as Exhibit A (the "Propei-ty~:);-and.:(il) costs-and expenses associated · With the closing of the Loan. Alii expenditures muSt.be;appro.ved by the. Lender and must be consistent with' the budget for the Constructl6r~ W~:k-(the "Prelect Budget") approved by.the Lender prior to the closing of the Loan (the "Clqs. lng").. For purposed hereof, the term "Construction Work" means construction of an 8,000 square foot building more fully described In the plans and specifications for and with respect to the Construction Work that will be submitted to and approved by the Lender. Loan Proceeds that wilt be used to finance the Construction Work (the "Construction Funds") shall be disbursed in a~?dance with the provisions of Paragraph 6 below. · Maximum Loan Amount: Four Hundred Thousand Dollars ($ 400,000), or so much thereof as shall be advanced. Term; Maturity: The t'erm of the Loan shall be ten (10) years from the first (1~t) day of the first (1~t) month following the completion of the Construction Work (the "Conversion Date"), which shall occur no more than .six (6) months after the Loan Closing, unless maturity is accelerated pursuant to the terms hereof or any of the documents evidencing or securing the Loan (the "Loan Documents"). At the maturity date of the Loan (the "Maturity Date"), the entire principal balance of the Loan plus all accrued and unpaid interest thereon, and all other sums payable in connection With Loan, shall be due and payable in full. The Conversion Date shall occur not later than June 30, 2004. 4. Interest Rate: 4828 From the date of the first advance of Loan proceeds through and including the Conversion Date, the loan shall bear interest at a floating rate of interest equal to the base 1725 Eye Street, N.~, Suite 600 Wa~hingtqn, DC 20006 Fax (202) 336-7804 ,., ?~;::;?' ~oan L;omml[men' r.a~ o," ,rde~'~;,et ~.-':.:t[:!lishe:l :~, I.,'-:.~':;o,'~! (:cnsumer ,3:)o¢:'.!ra[i:,e Bank dba'Na, tipnal Cooperati'ra ~!~!i'll.: 'l.,s ,:)-:e p:,r''=''' ;'f%')pe' annum, adj.~st(:d mor~thly. The Bas" "~ate -.shale mea¢~-l"e ~-'-~;!~s~ ':~ate 2': I~...r(.~. 6$t,.~.)hshed by h, atio~:~al :;ooi:erative. Bank fro, .,-ne · :to-time f¢,~-il ~-co'rtrm-:rcial ca ~ '"~t¢; !it!es. who':her such base 'ate of interest~is-publicly, or privately a'~r ou-~,.:4;,:t, A,'~y chon[;; in suci'~ rate shall b ._.~)rr]e eff'ecdve monthly on the first day of' e8,(:4~,.-a,t.l' '="c:~!,' mcrlth. :;)"i ttie.'fir's:t (""~.) day cf the first ( l '~. month following the Conversioi~ :~ale 't'~ "Initia Ac.fJstrnent-Da:e ) and ~n the fifth. (5"') anniversary of the C~n_v_e__rsi_.¢j;~/3~L_te___~;!!!;_"S~Jbs,._..q~.eit' '_A_d_j~J'~tment Date"), the interest rate on the Ioa__.n. shall be a.:liusted to b,) ,:;:l~Ja! to fJ)~ "Adjusted Rate." Tt:e Ad. iusted Rate On' the Initial ..... ._Ad.j_u~.t_men[ [:)ate shall be.tvAu~t¢;Jb_l:'_e_e_-g..uarter$ perc(Ln_t_(2,..7_51~:) in excess of the current week y aver~ ge yi(:l,; for U¢ited States Treasury Securities having five (5) year maturities, as. publishec on :~",-', las';, busi~ss day prior to the Initial Adjustment Date and the .Sgbsequer';t A,dju. st.'~,-',nt I;) a':e,. :- respectively, as published in docJment H.R. 15 (519) P-~Jblished by [he. Bo~rd of Govern.~rs of the Federal ReserYe System and entitled "Federal Reserve Stal !s'.~i..~l Ftelease,' or :i':s successor publication; said ,,ate tO be rounded u.p to the nearest (:,ne-4;igq',h of ore Percent (1/8%). Interest shall at all times be calculated based upon ~, 360-.%=:¢' year aqd actual days elapsed. payment-% Durir, g the, I:eriod (:~:.,rnmert, clng on the Closing Date and ending on the last day of the month in which, the Conversion Date occurs, the Loan shall be repaid in successive monthly inst,!fllrnerffs of accrued and unpaid interest only on '!he first (1=t) day of-each mont,h. Fror'~ and i!~f:(;r the Conv.~rsion Date, the Loan shall have a one hundred twenty (120) month term ar~(:': shall be repaid in successive monthly installments of principal and interest payn'tents .calculated pursuant to a one hundred eighty ('180) month amortization schedule; pr.:)vided, howew.~r, .thc. t such installments .,;hall be subject to adjustment as and when a (:hang~ in the interesl: rate Occurs. Such installments are payable beginn!~ng on the first (1"') day of th6 s,c¢,nd (2) month follo~,ing the ..,onverslon Date. ' ~t ¢ ~ monthly pa:yr:~ent amount shall be adjusted on the first (I ') da~ of' the first (1) mo .... ~ following any partf~:l payment of the Loan to the amount necessary 1:o amortize the then- outstanding I: rinciea oalance of the Loan (after application of the prepayment, any fees, and the rno.'~thly payment of principal and interest which it accompanies) at the applicable interest rate over the remaining amortization term. 6. Loan Disburs.~me~t: In addition to the follow ng conditions to advance, Borrower shall rneet all requirements as stated in the Constructi.:)n Loan Agreement: a) Construct.!on R. nds shall be disbursed not more frequently than once (1) per month. At least ten (10) business days prior to the date of a requested advance of ¢Construct~on Funds, the Borrower shall provide to the Leqder the following, all of which must be satisfactory to the Lender: (i) a request for adoance ("Requisition") signed by the Borrower, together with statements selting forth ,'such details concerning the Construction Work as Lender may require; (ii) appropriate supporting documentation acceptable to the Lender; (iii) conditional lien waivers for the value of all services rendered and/or materials Supplied is tendered (less the final invoice amount, which may. be subject to a conditional lien waiver). Each Requisition for payment shall be accompanied by a certificate in a form satisfactory to the Lender (and if req~.Jested by the Lender, other evidence satisfactory to the Lender) certifying that all funds received through and including the previous .Requisition have been applied to '!3ills received for labor and materials originating from the Construction Work, and for other proper costs specified in the Project F~udget. 4829 ~401011 $~U PC DOCS# 425109 , .,.....:....~: :....:,, E~:.""'" "'~-{'?:'".:~ ......... ~'~'i '~7.":71' '7 : - ' :':" Loan Corn'mitm~ [] ........... ....... ~ ~.~:~.~'g:.~ .~: ....... . . -- -.: ~:.~ . . . . ' ' ::'~:":'":':~' ~~)L:~__:.~d~c.to_the~fi~at disb~rsem.e~t.of Coos.~0~':~.u~;..(i).the Borrower shall submit -'"'- ~'"~;:~"~ ~'~ :": ': --¢~.';;:;;~4~-;:.'-{-: :: the Lender~ In addition to the 'document' add:~'ateHals required pursuant to ...... ::, . subpaEagraph-(a) above~ a wriEen Cedifi~on~f-~mP~etlon (the "Completion ............ ~:::- .... Cedifi~tion"-)-slgned ~y the Bo~ower.that theGonS~t/on.Work-has been .~{ ~...,.~ . : .................. ........ :>.-~- ' .... satisfactorily ~mpleted; (ii) the Lender. (and/or Len.~insPector, if one has been · . . ~;'~7.~:~;L??~lgnated) shall physl~lly insPect'the Prope~ to,~n~ ~ha~ ~e Construction .... ~':"~'. EW~rE'has been satisfactorily completed; (iii) ~e B°~b~'~Shall submit to the Lende ...... ~-~' ~'. ,.' ....... . . u"{' .".5'; ?~-'"A'.' ~ -, ~ · __~~;agd. un~ndlt,onal lien waivers from all ~~~~J!e~ ~1~ have ' ~. ' ~."' :-:~e~o~d~Any of the Construction wor~ ~r fumlshed.~t~dal~j~"~ection ..... · "thereWith;' and ~~~'E~ [ p~pvl~_~o the Lende'~ s'd~h~ other ~difi~'0~s documents, materials and/or information as the Lender reasonably requires to ~h'fi~'~.pletion of the Construction Work In a~rda~ with the approved plans - · and spec~'tions, the Project Budget and all appli~ble laws. ' ¢~:~ . .-:-..;:~E .... c)' It is expreSSly understood and agreed that the Lender shall have. no obligation to disbu[se:.db~st~ction Funds: (I) E a defau'lt exists unCer.any LOan .Docu~ht;'(li) if an act, event or condition shall, have o~u~ed and ~en be existing ~at with notice or the lapse of time. pr both, would ~nstitute a default under, any Loan Do~ment; (iii) if.the Lender is not reasonably satisfied as to ~e Bo~owe~s.cu~ent financial po~itiO~-dt dete~ines ~at a matedal:adveme change In ~e 'BO~Owe~s financial p'o{itlbh-h~s o~u~ed; or '(iv) until the Bo~ower has paid In fOl!~a~y"f~; ~sts and expenses then due and payable under the Loan Documents. 7. Fees: a) Ori.qination Fee, Four Thousand Dollars ($4,000). The entire Origination Fee shall be payable upon acceptance of this Commitment. The Origination Fee is in consideration of Lender's issuance of this Commi.tment and Shall be deemed to be earned in full on the date of Borrower's acceptance of this Commitment. If closing does not occur for any mason whatsoever, other than solely as a result of default by Lender in the performance of Its obligations hereunder, Lender shall be entitled to retain the entire Origination Fee Including the portion, if any, which is payable at closing. b) Documentation Fees - One Thousand Dollars ($1,000), payable at closing, and any other'out-of-pocket expenses, including recording, filing and title fees and taxes, whether or not the Loan is closed. 8. Collateral: Rep~iyment of the 'Loan shall be secured by, among other things, a valid first mortgage {ien 6h certain property as identified in the legal description attached to this letter as Exhibit A, a first lien assignment of rents and leases, and a first lien perfected security interest in all tangible and intangible personal property of Borrower, including, without limitation, all furniture, fixtures, equipment, supplies, inventory, accounts, cash, contract rights, future income and receivables of Borrower, and all proceeds of all of th~'foregoing. Borrower shall execute and deliver such documents, instruments and materials as Lender may from time to time require to evidence or perfect its security interests in the collateral, which documents may include, without limitation, a 10an and security agreement, one or more collateral assignments, a mortgage or deed of trust and an assignment of leases and rents, all of which must be satisfactory to Lender in all respects. 4830 '~40{01[ SA.J4 PC DOCS# 425109 ~::: ...2:'./" .=,:_ ' ' , .. '¢j,;~ :~ . :_:: . -.: ~ ~'~-~.. ': ~'.. At Loan Slo~ ?~g~.~-~W~[~~0.( .CeaT Aeserve. e ]ua. to: rr x~ths_ofA~:. ~;~ ~,: pnnclpal arid lateres~:.~a~en~,~EO~n :is to I::e held In e.sc'cw 2: ......... deslgnated.~,/-~er~der~to~g~~er-onlyln-theever t of a short-'er"~ ~sh b:~.-.. - -~ ..... sho~all-on the-parl-of-~e-Bo~~e~epa~mrt-perlcd of the ~ca~. ~r~ the.evenl ' ~-'~'= :' ' : · ' ' :" .... =~':'~ '~ ' ' " J'-:-:" · ' , , u ' . ~.1 Lender with ir ten (12)'da~*~A~'te~**'*' of a orinc, pal and intere}: pa~ent on ~::'~ the Loan. The RequeS~ ~ha)-~~~{'~mi~ed f,ture revences ~ich, ~en ~}]~'~': realized, shall be repaid into't~~t~the amount dra~. After eighteen ~ I~ ~:~..'- ' '(18) m~nths of su~f~-~h-;~~~n~.~" fi~ :o~er financial 6-'repodih~- · "~ ~0. Prepayment: .~¢=- ' ~ '- "uF'¢~{~¢'"'::' '. - ' ':~r". · ........ :"-':- :.~.~.~;.~ :' .'~7.;~:: ~:~.~:'~;= .. . The Loan may. be propaid in ~ole on.:ln~3:~...aAat .any time:without, premium or pertain. Financial Covenants: Borrower shall submit-t~) Lender annd~[i.~..within~420 da~.'. :of the end of the riscal year, a statement of compliance w~th financ!al .c~_~e_~_~rtffying that each of the 'following financial covenants has been met: ~' '"'" :'~:~: -'~' Borrower shall maintain a Debt Service CoverageRatio of not less than 1.10 to 1.00 in the first fiscal year of operations, ending June 30, 2004. A.t the commencement of the fiscal year that begins on .July 1,2004 and ends June 30, 2005, and thereafter, Borrower shall maintain a Debt Service Coverage Ratio of not less than 1.25 to 1.00. For purpose hereof, "Debt Service Coverage Ratio" means the sum of the Borrower's net income (before extraordinary gains and/or losses), depreciation expense, amortization and interest expense divided by the sum of the Bon'ower's Current Portion of Long Term Debt and Interest expense under the Loan Borrower's ratio of current assets to current liabilities shall at all times be in excess of 1.50 to 1.00. b) The Borrower shall not, without the prior written consent of the Lender: (i) incur any indebtedr~e,ss for borrowed money except for Indebtedness to the Lender; (ii) enter into any commitments for money to be borrowed; or (1il) guarantY the obligations of any other person, whether direct or indirect, by agreement to purchase the indebtedne.qs of any other person or by agreement for the furnishing of funds to any other person through the purchase or lease of goods, supplies, or services (or by means of a stock purchase, capital contribution, advance or loan) for the purpose of ,paying or discharging the indebtedness of any other person, or otherwise. 12, Other Requirem,~nts: 4831 ~401011 SAM PC DOCS~ 425109 4 " .... Loan Commitmel a) b) T.l'j~B~¢£p~.e_.r. s_ha.!l deliver to the Le.n. de.r the following: (I) on or before the forty-fifth (',~.~-~.~ay foliowlng ;~he close of each of ~he Borrower's fi~cal quarters, unaudited Ir~'{~'~aily:preP~'red~nanclat-statements~ (including, at a minimum,, a statement-of. Income.and:eXPense-with-reconciliation of*surplus and a balance sheet)~certified-by an auth0rJ~.:~'~Ce~' of the Borrower, in such form and setting forth such details as the Lend~'*m~rom-time to time require; (ii) on or before the one hundred' twentieth ('120~) da~; ~)!~'.h.'-g the close of each (~f the Borrower's fiscal years, an annual audited..fin-a..Qd~l ,'statement ({n. cluding, at a minimum, a statement of Inc_0m.e.' and exl~'~ wlth'r~c,~clliatlon ~f ~urplus and a balance sheet), ~r~-,da-r~d on.a '~-:'-~- 'COP..s_o[i'd. at.~..d.', bas(s;:ln accordance ~vith .G .AAT:'-~'A f~m~ satisfactory to the Lender In all respects and by an Independent certified accountant approved by'the Lender; and (/.ii) promptly roi.low!rig any req.ue,.st by the Lender, such additional information, reports and statements respecting the Borrower's business operations and financial condition, the Property and the other collateral securing the Loan and/or any affiliated business and investments, as the Lender may request, in acbordance with GAAP, in a form satisfactory to the Lender in all respects. The Borrower shall_pot trahsfer, assign, pledge, encumber or dispose of the Property, or other collateral for the Lo,an or any part thereof or do or permit to be done'anythlhg to Impalr.'th_'e Lender's security or the value'of the Property or other collateral for the LOan. "' 13. Loan Closing: Loan closing must occur on or before December 31, 2003, time being of the essence. If the Loan does not close by this date, this commitment shall automatically expire without further notice, unless otherwise specified by Lender. The closing of the Loan will be at the location specified by Lender. 14. Conditions Precedent to Closing: Closing is contingent upon, among other things, satisfaction of each of the following conditions precedent: a) Borrower shall have complied with all of the terms and conditions set forth herein and in the attached Standard Terms and Conditions. b) There shall have occurred no material adverse change in the financial condition or operations of Borrower since the Borrower's audited financial statements dated June 30, 2003. c) Borrower shall provide evidence of an alternative space from which to conduct school operations in the event of delays in constructing the new facility. Evidence must be satisfactory to the Lender, and shall show proof of adequate alternative space for use as.a school through the ehd of the academic year ending June 30, 2004. I5. Standard Terms and Conditions: The attached Standard Terms and Conditions are an_ integral part of this Commitment. The'Standard Terms ahd Conditions shall not in any way minimize or diminish any of the requirements, terms or conditions herein set forth, but shall be interpreted so as to augment, supplement and complement said requirements, terms, and conditions. 4832 $401011 SAM PC DOC,~# 425109 t~is commitme~,t~ Sba-fl ' .., ~%;: "~ i. re'~lVe::l bY Lender on or 4833 940101t SAM PC DOC,F,e~ 425109 6 StLIGONiZED POlYEStER ~0LOR FINISH STONE BRAY {F) SHELL WHITE (.i) SAHARA TAN (Y) BRICK RED (D) r3~-EAN BLUE (M) SAND BEIGE (E) ASPEN BOLD -~LATE BRnNZE (t) STANDARD TRIM CI3LI3RB (KYNAR) =~ANDSTDNE (N) RUSTIC RED (A) I~-LASSIC GREEN (V) ; .:- i: : :, ;:. :_ : ;. L. ~ DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 04-050 SITE PLAN REVIEW STAFF REPORT COMMUNITY REDEVELOPMENT AGENCY AND CITY COMMISSION DESCRIPTION ,OF PROJECT Project Name/No.: Property Owner: ApplicantJAgent: Location: Land Use/Zoning: Type of Use: Project Size: February 25, 2004 Deliverance by Faith/NWSP 04-001. Deliverance by Faith Church, Inc. Mr. Mike E. Sipula. Lots 4 and 5 on the North side of Martin Luther King Boulevard approximately 400 feet east of Seacrest Boulevard. Local Retail Commercial / C-2. Church. Site Area: 0.32 acres (14,008 square feet) Building Area: 3,090 square feet Tower and Trellis Area: 464 square feet Total Building Area: 3,554 square feet Lot Coverage: 25.37 % Adjacent Uses: (See Exhibit "A"- Location Map) North - Vacant property with a Medium Density Residential (MEDR) land use designation and zoned Single and Two Family Residential (R-2); South - Martin Luther King Boulevard Right-of-Way, farther south is a vacant property with a Local Retail Commercial land use designation and zoned Neighborhood Commercial (C-2); 'East Vacant Property with a Local Retail Commercial land use designation and zoned Neighborhood Commercial (C-2); and West Developed commercial property (Authentic Soul Food Restaurant) with a Local Retail Commercial land designation and zoned Neighborhood Commercial (C-2). use Site characteristics: The site is located within the Martin Luther' King Boulevard Overlay Zone (MLKB). This overlay zone has been established, to specifically guide development along this corridor consistent with direction from the Visions 20/20 Redevelopment Plan and the Heart of Boynton Community Redevelopment Plan (See Exhibit'"D"). The site is composed of two (2) lots totaling 0.32 acres. The site is cleared and is predominately vegetated with a variety of overgrown grasses. There is no other vegetation of any significance on the site.' 4753ff' Page 2 Deliverance by Faith Site Plan Review Staff Report Memorandum No. PZ 04-050 Proposal: The developer is proposing to construct a one (1) story, 3,090 square foot church, excluding a proposed tower and a trellis area totaling 464 square feet, to be located on a vacant 0.32-acre parcel. The proposed building height is 29 feet - 1 inch, which is below the 30-foot maximum allowed in the Martin Luther King Overlay Zone. The parking lot associated with the use is proposed to be located at the rear of the church building (See Exhibit "B" - Proposed Site Plan). Concurrency: a. Traffic- A traffic statement for this project was submitted and sent to the Palm Beach County Traffic Division for their review and approval. Staff has received confirmation from Palm Beach County's Traffic Division regarding standards compliance. b. Drainage- Conceptual drainage information was provided for the city's review. The city's concurrency ordinance requires drainage certification at time of site plan approval. The Engineering Division is recommending that the review of specific drainage solutions be deferred to time of permit review. D riveways: The proposed project includes one (1) point of ingress / egress along Martin Luther King Boulevard. The proposed entrance would be comprised of a 10.5-foot wide ingress lane and 10.5-foot egress lane separated by a striped median in the center of the opening to direct vehicular traffic in and out of the subject property. Since the project is within the Community Redevelopment Agency boundaries, the minimum required backup distance for parking lot drive aisles is reduced from 27 feet to 24' feet in width, which the applicant has provided.. The proposed on-site traffic circulation system includes one (1), two-way drive aisle 21-feet in width. This drive aisle is proposed to extend from the north and south property lines. Driveway circulation is proposed to the rear of building. Parking Facility: The parking spaces required for the proposed project have been tabulated based on the ratio of one (1) space per 100 square feet of gross floor area, which is required for churches (Places of assembly). A 3,090 square foot building would require a minimum of 31 spaces. However, since the Martin Luther King Boulevard Overlay zone provides a 50% reduction in the number of required parking spaces, the site plan proposes a total of 16 spaces for the proposed use, which includes one (1) handicap space. All parking spaces excluding the handicap space will be dimensioned at least nine (9) feet by eighteen feet (9' x 18'), and will include wheel stops. Landscaping: 4753gg The landscaping of the site will fully meet the code requirements when staff comments are incorporated. The proposed pervious or "green" area is 3,140 square feet or 22.4% of the total site. A 2.5-foot wide landscape buffer is proposed a~ong the east and west property lines. This .landscape buffer consists of 5 (five) Green Buttonwood trees along the west property line, three (3) Satin Leaf trees along the east property line and Red Tip Cocoplum shrubs to be planted at the base of the trees. Along the north property line a Page 3 Deliverance by Faith Site Plan Review Staff Report Memorandum No, PZ 04-050 five (5) foot wide buffer is provided. Within this buffer, the applicant will provide the required six (6) foot masonry wall with Red Tip Cocoplum along the northern property line of the site to separate the church use from. the adjacent .residential zoning district to the north. The foundation planting for the proposed building will include Pink Ixora, Wax Jasmine and Variegated Dwarf Schefflera enhanced with accent trees such as Bougainvillea and White Bird of Paradise. The development would be provided with the required amount of perimeter and internal landscaping as required in the Land Development Regulations, Chapter 7.5 Article I1. Building and Site Regulations: The proposed building is designed as a one (1)-story church with a gable roof. The top of the gable would be 29 feet one (1) inch in height. The minimum building and site regulations in the C-2 zoning distdct require minimum setbacks as follows: 30-foot front setback; 15-foot side setback; and a 20-foot rear setback. However, the Martin Luther King Boulevard Oveday Zone requires separate building and site regulations, which encourage a reduction in the building setbacks to bdng the building closer to the street. This results in a minimum front setback of 3 feet and a maximum setback of 12 feet; a side setback ranging between 3 to 5 feet, and a maximum of 12 feet for comer lots. No dumpster enclosure is proposed since a trash room has been provided to store small, portable containers'in lieu of a dumpster. The proposed building setbacks will fully meet the Martin Luther King Boulevard Oveday Zone development standards. Additionally, building and site regulations will fully meet code when staff comments are incorporated into the permit drawings. Community Design Plan: The proposed one-story building will have a maximum height of 29 feet - 1 inch measured to the roof peak. The proposed building is a traditional design. It would have painted stucco facades the following three (3) colors: · Lighting Bug (M.A.B. Paints 5059M), Canberra (M.A.B. Paints 5114Y) and Desert Spring (M.A.B. Paints 5626M). The accent color, which includes the cross in the proposed tower and the bottom of the proposed building wall, will be Babbling Brook (M.A.B. Paints 5624P). All trim fascia, will be painted in a semi-gloss white. The doors and windows including the frames will be white. The roof will be constructed of light gray asphalt shingles. There is no established architectural character within the area with which to compare the proposed project, however, the Heart of Boynton Plan recommends a "Floribbean" architectural style, which represents a combination of an "Old Florida" and "Caribbean" influence. The proposed project does not exhibit the elements of the "Floribbean" style~ Metal roofs, dormers, steep pitched gabled, and hipped roofs, and exposed wood trusses are some of the elements the Heart of Boynton Plan recommends for this redevelopment area of the city. Signage: 4753hh No project monument sign is proposed. Any future signage will require separate review and approval. However, the project proposes two (2) wall signs on the proposed tower. On the west and south fa(}ades of the proposed tower two (2) wall signs measuring 14 square feet are proposed depicting the church's name. A board measuring 12 square feet is proposed on the southeast fa(~ade describing the church service and related information. The Page 4 Deliverance by Faith Site Plan Review Staff Report Memorandum No. PZ 04-050 proposed wall signs would comply with sign standards including maximum sign area and height as set forth in the Land Development Regulations, Chapter 21. RECOMMENDATION: This project complies with all current code and Land Development Regulations. However, and most significantly, the project is not consistent with the Heart of Boynton Community Redevelopment Plan, which recommends the site of the proposed church be developed as part of a larger "gateway" activity node consisting of an integrated commercial/mixed-use development (See Exhibit "D"- Hearth of Boynton Plan Phase 1 MLK Boulevard Redevelopment Section). This recommendation is in accordance with Chapter 2, Zoning. Section. 3.A. 7, which allows for adopted redevelopment plans to supercede zoning regulations where such plans: "includes policies which impose limitations or requirements on the use or development of property...which are more restrictive than those set forth in zoning regulations". Therefore, the Planning and Zoning Division recommends that this request for site plan approval be denied. If the proposed project is approved, staff recommends that the approval'be subject to the'conditions listed in exhibit "C", attached hereto. xc: Central' File S:\Plannlng\SHARED~WI~PROJECT,5%Calth by O®llverance~lWSP 04-001\Staff Report.doc 4753ii LOCATION MAP DELIVERANCE BY FAITH EXHIBIT"A" 4?s3jj LOTS 4 & 51 BLOCK I ,;';;~'",~=.~; PRAt, l( WEBBER ADDITION TO BOYNTON BEACH. FLO~DA J ~ ~ ~ +~5.~0 + . +I$.,T +! .9 140.06' EXH BIT EXHIBIT "B" LOT 6, BLOCK 1 LOCAL RETAIL COMMERCIAL (LRC LN4D USE "C2"m NEIGHBORHOOD COMM~RC~ ZONING I ':"' LO L ~ L co~[~c~ (L~c ~D USE 'C2"m NE~HBORHOOD COMMER~L ZONIN6 ils, 4753mm SITE PLAN 'DELIVERANCE BY FAITH' CHURCH - OFF SITE PARKING LOTS 4. & 5, BLOCK] i i, l,I ..... il ~I~l~EXHIBIT I.-~1t/§!i i / /~ -~ I_~li/lill i l,Jl';'"~ Iii n ~l I t I~ ~~"/~ ..._ ~ iI =Iii!,' I I"/"i ! ' I l! ~ I ii/Il j j , B{ 4753~ ~ ~ ~ 'DELIVERA~E BY FAITH, CHURCH - O~ SITE PA~ING J liB. Agenda. Any person who decides to appeal any decision of the Community Redevelopment Advisory 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. 4696 The city shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the City to reasonably accommodate your request. MINUTES OF THE REGULAR COMMUNITY REDEVELOPMENT AGENCY MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, ON TUESDAY, FEBRUARY 10, 2004 AT 6:30 P.M. Present: Larry Finkelstein, Chair Jeanne Heavilin, Vice Chair James Barretta Alexander DeMarco Don Fenton Charlie Fisher Henderson Tillman Douglas Hutchinson, CRA Director Lindsey Payne, Board Attorney I. Call to Order Chairman Finkelstein called the meeting to order at 6:30 p.m. II. Roll Call The Recording Secretary called the roll and declared a quorum was present. ' II1. Agenda Approval A. Additions, Deletions, Corrections to the Agenda Chairman Finkelstein recommended moving Items IX. D., E. and F. to the consent agenda with the proviso that staff is recommending six-month extensions only for all the applicants. These would become Items IV. G., H. and I. As a notice to the public, the Code Review Item VI. C. (Mixed Use Code Review), will not be voted upon tonight. There will only be discussion and public input due to the new changes that the Board has just received. Mr. Dick Hudson distributed the latest version of the Code Review to the Board. Chairman Finkelstein noted that there is a new page 4602 that should be substituted for the current page 4602 in the agenda packet. Chairman .Finkelstein pointed out that there is a new package for Item IX.B. (Page 4644), "Consideration of Funding of the Wheels Weekend Event" that is not part of the consent agenda. 4697 B. Adoption of Agenda Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 10, 2004 Motion Vice Chair Heavilin moved to approve the agenda, as amended. Motion seconded by Mr. Fisher and unanimously carried. IV. Consent Agenda B. C. D. E. Approval of Minutes of January 13, 2004 Meeting Financial Report Budget Transfer Requests Consideration of designations of colors for the districts Recommendation of members to be selected for the Evaluation Selection Committee to Review the Central Business District Massing Model Services RFP Consideration of Burkhardt Construction Contract amendment for Change Order #3 Consideration of Facade Grant Extension for Fred and Joe's Automotive Consideration of Facade Grant Extension for Boynton Boundless, LLC Consideration of Fagade Grant Extension for Grace Fellowship Church Vice Chair Heavilin requested that Items D. and E. be removed from the Consent Agenda. Mr. Fisher requested that Item C. be removed from the Consent Agenda. Motion Mr. Fisher moved to approve the Consent Agenda, as amended. Motion seconded by Vice Chair Heavilin and unanimously carried. IV.C. Budget Transfer Requests Mr. Fisher inquired if the funds included in the line items for interest earned and other available monies are already committed. Mr. Hutchinson stated that these funds had been projected in the budget and have been accounted for. Motion Mr. Fisher moved to approve Item IV.C. Motion seconded by Vice Chair Heavilin and unanimously carried. IV. D. Consideration of designations of colors for the districts Vice Chair Heavilin had questions on the designations of the signs and felt that there was redundancy on the sign illustrated on page 4607 of the agenda packet. She inquired if these were merely examples or were they final signs. Mr. Hutchinson stated 4698 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 10, 2004 that the final signs would have adjustments and will be cleaned up in accordance with the memo contained on page 4602. Mr. Hutchinson explained that people would be going to two areas; one is Town Square and the other is the Marina District. All other signs are basically directional street signs to certain streets. Chairman Finkelstein pointed out that these are the initial signs and are closely packed within the areas. Mr. Fisher recommended that before the final signs are actually made that final versions be submitted to the members identifying the location of the signs. Mr. Hutchinson stated that this information had already been furnished along with a map of the location of the signs, its direction and wording. Mr. Hutchinson stated that any signs that are changed would be furnished to the members. Motion Vice Chair Heavilin moved to approve Item IV.D. Motion seconded by Mr. DeMarco and unanimously carried. Chairman Finkelstein welcomed Commissioner Carl McKoy to the meeting. Recommendation of members to be selected for the Evaluation Selection Committee to Review the Central Business District Massing Model Services RFP Vice Chair Heavilin inquired if any of the architectural firms on the committee would be responding to the RFP and Mr. Hutchinson stated that they would not. Mr. Fisher inquired if Jose Aguila, while serving on this committee, would constitute a conflict of interest because of the contract that his firm was awarded. Mr. Hutchinson did not think that this would apply since the committee will be reviewing models, and Mr. Aguila's firm was awarded a contract in response to an RFP. Mr. Fisher asked Attorney Payne for her opinion on this. Attorney Payne was not' certain and said that she would have to look into it. Mr. Hutchinson recommended that the item be approved, pending legal's determination. If Attorney Payne determines that y Mr. Aguila serving on the committee is a conflict of interest, he will be removed, and they would proceed with the remaining members of the selection committee. Motion Vice Chair Heavilin moved to approve as stated by Mr. Hutchinson. Motion seconded by Mr. Fisher and unanimously carried. V. Public Audience None 4699 3 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 10, 2004 Attorney Payne administered the oath to all persons who would be testifying. VI. Public Hearing A. Land Use Plan Amendment/Rezonin,q Project: Agent: Owner: Location: Description: 503 North Seacrest (LUAR 03-010) Don Stacks Edward Eatman III 503 North Seacrest Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Low Density Residential (LDR) at 4.84 dwelling units per acre; and Request to rezone from C-2 Neighborhood Commercial to R-I-A Single': Family Residential. Proposed use is single-family residence. Dick Hudson, Senior Planner, presented the item on behalf of staff. The property consists of approximately 0.11 of an acre and classified as Local Retail Commercial (LRC) and zoned C-2 (Neighborhood/Commercial). The request is to reclassify from LRC to Iow density residential and to rezone from C-2 to R-lA (single family residential). The applicant is making the request to be consistent with the current use of the property, which is a single-family home. Mr. Hudson pointed out that the properties to the north are designated LRC, but contain single-family residential. The properties across Seacrest are designated Medium Density Residential and are developed with both single-family homes and duplexes. The current use is a single-family home that is a non-conforming use. Since the value of the improvements on the property is less than $60,000, in accordance with the LDR, Chapter 2, Section 11.1.C.8, a single-family home cannot be converted to commercial use without a variance. The lot has remained as it currently exists since it was originally platted in 1925 and does not meet the minimum lot standards for C-2 zoning. Mr. Hudson pointed out that it would be very difficult to sell the property because lenders do not normally lend on non-conforming properties. Mr. Hudson reported that land use amendment and rezoning would be consistent with the Comprehensive Plan Policies and Objectives and in particular with the Heart of Boynton Plan that designates that all land on the west side of Seacrest would be rezoned for single-family residential. The property is non-conforming for commercial development and there has been no market support for conversion to commercial along the west side of Seacrest. This would have negligible impact upon the City as a whole and staff recommends approval of both the Land Use Amendment and the Rezoning. 4700 Meeting Minutes Community Redevelopmer~.Agency Boynton Beach, Florida February 10,2004 The applicant was present, but did not wish to speak. Chairman Finkelstein opened up the public hearing. Since no one wished to speak, the public hearing was closed. Chairman Finkelstein inquired why this item originated and Mr. Hudson thought that the applicant wanted to sell his property. Chairman Finkelstein noted that the Visions 20/20 Plan called for the same zoning. 'He envisioned Seacrest becoming similar to Swinton Avenue in Delray Beach that would contain small offices fronting both sides of Seacrest, north and south ef Boy, ton BeaO~ Boulevard. He was not in favor of having one residential paroe! :m the middle of a retail zoned area .and did not agree with staff's recommendation. Mr. Hudson pointed out that the recent adopted Heart of Boynton Plan recommends single family residences on the west side of Seacrest. Chairman Finkelstein had also disagreed with that recommendal~n as well. Mr. DeMarco concurred with Chairman Finkelstein and poioted out that the First Baptist Church, which is just sOUth of the property, is being renovated and v~lt be generating a great deal of traffic. He also foresees that this area might be needed for future commercial development and did not think that it would fit into the plans of the City. Mr. Hudson responded that the Heart of Boynton Plan calls for the east side of Seacrest to be developed as Mixed Use and the west side would be for single-family development. Mr. Tillman did not think it was wise to have a single-family home ingress and egress onto Seacrest. He would like to see some kind of buffering in place along Seacrest at least one block in, so that the residential on the west side of Seacrest would extend up to the buffering instead of sitting right on the street. He would like to see some kind of Mixed Use in this area and was not in favor of having a single-family residence at this location. Mr. Fenton pointed out that if the Heart of Boynton Plan calls for everything west of Seacrest to be single-family, maybe they should have created a buffer zone, but there is none. He felt that the application should be approved since it is in accordance with the Plan. Chairman Finkelstein pointed out that everything west of this parcel is single- family. Motion Mr. Fenton moved to accept the recommendation of staff to change the land use from LRC to single family at 503 North Seacrest Boulevard. Motion died for lack of a second. 4701 5 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 10, 2004 Motion Mr. Tillman moved for denial. Motion seconded by Mr. DeMarco and carried 6-1 (Mr. Fenton dissenting). B. Zoning Code Variance Project: Agent: Owner: Location: Description: Woolbright Grill (ZNCV 03-028) John Therien John Therien 700 Woolbright Road (Southside of Woolbright Road at the Intracoastal Waterway) Request relief from Chapter 2, Zoning, Section 6.C.3, requiring a minimum rear yard setback of twenty (20) feet, to allow for a variance of twenty (20) feet, and a rear yard setback of zero (0) feet for a restaurant in a C:3 zoning district. Maxime Ducoste-Ambdbe, Planner, presented the item on behalf of staff. The property is located on the south side of Woolbright Road, east of the Riverwalk Plaza and west of the Intracoastal Waterway. The Board approved the project in June 2002 for a two- story, sit-down restaurant, containing 7,829 square feet. The original site plan approval had several variances and one was for a cantilever awning on the east side of the restaurant. The applicant is now requesting a different awning that would be supported by columns that would encroach into the 20' setback. The original variance was for an overhang of the cantilever awning for 7 %'. The new awning would extend all the way to the property line. Staff looked at the Code requirements for approving variances. Staff does concur with the applicant that the property is unusual in shape and is difficult to develop. However, when the project was originally improved, staff acknowledged that this was the bare minimum to make reasonable use of the land. Mr. Ducoste-Am~d~e referred to the criteria that an applicant must meet in order to receive a variance. One criterion states that the special conditions and circumstances do not result from the actions of the applicant. He pointed out that the applicant has created a need for this variance and when the project was approved the cantilever awning was feasible. The project is now under construction and approval of the variance request would grant special privileges to the applicant that could cause an increase in the building envelope. Denial of the request would not deprive the applicant of rights that others enjoy and staff feels that the variance is not justified. The project is separated from nearby properties by significant barriers, such as the Intracoastal Waterway. Approval of the variance along the rear property line would allow the applicant to potentially increase the outdoor seating area or even expand the building itself. 4702 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 10, 2004 With regard to the parking, the present use was approved with the bare minimum- parking requirement and there is no surplus of parking spaces. Therefore, staff is recommending that the request be denied due to the lack of traditional hardship and due to the circumstances that the applicant has created. There are no conditions of approval. However, if the Board approves the variance, staff requests that the approval be restricted to an awning. Paul Slattery, of Slattery & Associates, 2060 NW Boca Raton Boulevard, Boca Raton, is the architect for the project. He explained that they are asking to put up an awning for an approved patio and dining deck. Staff was not accurate when they said that the applicant would have the ability to increase the occupancy of the building. This is not the case. The approved deck area would be the same that was approved in 2002. They would like to extend the awning to the outside of the deck. Mr. Slattery pointed out that extending the awning to the east would provide additional benefit to the properties across the Intracoastal Waterway. When those residents spoke at the meeting in 2002 they expressed concern about the lighting and noise. Increasing the awning to cover the entire patio would help contain some of the noise and the light fixtures could be installed under the awning, cutting down on light spillage. They are not requesting any increase in occupancy; they merely want to keep the occupants dry on the deck dry. Chairman Finkelstein opened the public hearing. He informed Mr. Slattery that he would have the right of rebuttal. Eleanor Roland resides directly across from the restaurant. When she spoke two years ago she represented the residents of Crown Colony and her residence is located at the far end of the building and faces the parking lot. She pointed out that there is no landscaping and all the lighting shines into her building. Ms. Roland said that the noise and lights are affecting her sleep and she has concerns about the awning hanging over the Intracoastal. She requested that some trees be planted along the parking lot to cut down on the noise. The dumpsters should have sound barriers and she would like assurances that the restaurant would comply with that regulation. Ms. Roland did not want to see boats pulling up to the restaurant because there are Manatees and wildlife living in this area. Farah Ali, the Manager of the Gulfstream Harbor Apartments, located at northeast side of Woolbright Road and the Intracoastal, had concerns about the noise and the lights. She also questioned if there would be adequate parking. Ms. Ali did not think that the awning would pose a problem to their development. Chairman Finkelstein pointed out that tonight's application was for a variance for an awning and that the restaurant has already been approved. Mr. Slattery responded that there is a plan to install landscaping from the north end all the way to the south end of the property line. Also, the awning would not encroach over 4703 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 10, 2004 the deck and would just cover the edge of the approved deck. He felt that the awning would help contain the lighting and noise. Attorney Payne administered the oath to Maryanne Lamb, a resident of Crown Colony, who is concerned that since the deck extends to the edge of the water, how would it be possible to put landscaping on the deck? Chairman Finkelstein reminded Ms. Lamb that her remarks should be limited to the variance for the awning. She was under the impression that there would be no outside dining. Chairman Finkelstein pointed out that this was not correct and that the restaurant was approved with outside dining. Ms. Lamb stated that she was against the awning. Mr. Tillman inquired how many feet the deck extends out into the Intracoastal past the sea wall. Mr. Slattery responded it was 10'. Mr. Slattery stated that the deck extends 20' from the building and the sea wall is 10' from the building; therefore, the deck extends an additional 10' into the waterway. Mr. Slattery also stated that the awning would match the line of the approved deck. Mr. Fenton asked a question about the landscaping and Mr. Slattery noted that they would be placing landscaping not only on their parcel, but also the shopping center parcel to the south end of the property. Mr. Fenton inquired if the awning would completely enclose the deck and Mr. Slattery stated that the sides would be open. Mr. Fenton thought it would be a good idea to be able to close the sides in the event of rain. Mr. Slattery said they might do something about that, but it would not extend beyond the deck. Mr. Fisher felt that this new awning would be beneficial to the neighbors by cutting down on the noise and the light. Mr. Tillman pointed out that the awning would extend an additional 10' out, but the applicant has not presented any hardship to justify the variance. Mr. Fisher felt that because of the location of the property this does create a hardship. Mr. Tillman was not certain that an awning would actually cut down on the sound or light emanating from the restaurant. He also pointed out that the City has regulations that this Board is supposed to adhere to. Mr. DeMarco felt that the addition of the new awning would make the patio area larger to accommodate more people. Mr. Slattery responded that the patio area would remain the same size as approved; they only want to cover the entire patio. Mr. DeMarco inquired how the awning would be handled in the event of a hurricane. Mr. Slattery said that in this event, the awning would be cut off and the frame would be left standing. Chairman Finkeistein asked staff to clarify the statement that the granting of the variance would "grant special privilege to the applicant by allowing a possible increase in the building envelope." Mr. Ducoste-Am6dbe responded that the building setback is 20'. Because columns support the awning, technically it is building setback that the applicant is requesting a variance for. Therefore, if the City allows a reduction in the setback, they could build a wall to the limit. Mr. Bucoste-Am6dbe stated that if the 4?04 8 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February '! 0, 2004 Board chose to approve the variance, staff would request that the variance apply only to the awning and not the building. Mr. Ducoste-Am~.d~e agreed with Mr. Tillman's assessment of the variance that it was the applicant's actions that caused the necessity for the variance and the applicant did not meet the criteria of the LDR. He did agree, however, that the shape of the property is unusual and the applicant meets this requirement, but does not meet any other criteria. Chairman Finkelstein stated that if the Board did approve the variance, it should be restricted to allow the awning into the setback and not the structure itself. Motion Mr. Fenton moved to accept the petition for relief of Woolbright Grill for construction of an awning on a 20' area and limited only to an awning. Motion seconded by Mr. DeMarco and carried 6-1 (Mr. Tillman dissenting). Mr. Fisher asked about the color of the awning. Mr. Slattery stated that it would be blue and white stripe and presented a swatch of the material that contained the same colors of the building. Chairman Finkelstein asked staff if there was anything that would require that the colors of the awning would have to match the colors of the building. Mike Rumpf, Planning and Zoning Director, responded that if the larger awning that the applicant would be putting up deviates from the approved awning, the applicant should contact staff for review and modification of the awning. Project: Agent: Owner: Location: Description: Happy Home Heights Lot 11 (ZNCV 03-029 thru 03-033) Anthony McCray Anthony McCray Southside of NE 12th Avenue, approximately 168 feet west of NE 3rd Street Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.E.2.a, requiring a minimum lot area of 6,000 square feet to allow a variance of 2,200 square feet, resulting in a lot area of 3,800 square feet for a proposed single-family residence within the R-2 single and two-family zoning district; and Request for relief from the City of Boynton Beach Land Development Regulations, 4705 9 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida Project: Agent: Owner: Location: Description: February 10, 2004 Chapter 2, Zoning, Section 5.E.2.a, requiring a minimum lot frontage of sixty (60) feet to allow a twenty (20) foot variance, resulting in a forty (40) foot frontage for a proposed single-family residence within the R-2 single and two-family zoning district; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.F.2.a, requiring a 10 foot side yard setback on each side to allow a 2.5 foot variance, resulting in a 7.5 foot side yard setback on each side for a proposed single-family residence within the R-2 single and two-family zoning district; and Request for relief from the City of: Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.F.2.a, requiring a 25 foot rear yard setback to allow a 15 foot variance resulting in a 10 foot rear yard setback for a proposed single-family residence within the R-2 single and two-family zoning district. Happy Home Heights Lot 5 (ZNCV 03-034 thru 03-38) Anthony McCray Anthony McCray Southside of NE 13th Avenue, approximately 168 feet west of NE 3rd Street Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.E.2.a, requiring a minimum lot area of 6,000 square feet to allow a variance of 2,220 square feet, resulting in a lot area of 3,780 square feet for a proposed single-family residence within the R-2 single and two-family zoning district; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.E.2.a, requiring a minimum lot frontage of sixty (60) feet to allow an eighteen (18)foot variance, resulting in a forty-two (42) foot frontage for a proposed 4706 lO Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 10, 2004 single-family residence within the R-2 single and two-family zoning district; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.F.2.a, requiring a 10 foot side yard setback on each side to allow a 2.5 foot variance, resulting in a 7.5 foot side yard setback on each side for a proposed single-family residence within the R-2 single and two-family zoning district; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.F.2.a, requiring a 25 foot rear yard setback to allow a 15 foot variance, resulting in a 10 foot 'rear yard setback for a proposed single-family residence within the R-2 single and two-family zoning district. Mr. Rumpf distributed a letter from the applicant requesting that items B. 2 and B. 3 be postponed. Staff has some new findings that affect these applications. Therefore, the applicant has asked for more time. Mr. Rumpf requested that the items be tabled to a date certain. Chairman Finkelstein asked if anyone in the audience wished to speak on these items. There was no one present that wished to speak. Motion Mr. Tiilman moved to table until the March meeting the Happy Homes Lot 11, Item No. VI.B. 2 and Item No. B.3., Happy Homes Lot 5, as it appears on the agenda. Motion seconded by Mr. Fisher and unanimously carried. Chairman Finkelstein pointed out that a new version of the code review was presented to the Board tonight. Therefore, the Board would take comments on the item, but would not be voting on it tonight. G. Code Review Project: Agent: Description: Mixed Use Code Review (CDRV 04-002) City-initiated Request for approval of proposed amendments to Chapter 2 Zoning, Section 6.F, Mixed Use Zoning Districts. 4707 11 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 10, 2004 Dick Hudson, Senior Planner, presented the item on behalf of staff. Mr. Hudson pointed out that Mixed Use-High/Mixed Use-Low zoning is currently permitted along the Federal Highway Corridor, between the C-16 Canal on the north to Woolbright Road on the south and between the Intracoastal on the east to the right of way of the FEC Railway on the west. The Heart of Boynton Plan has requested that it also apply along Boynton Beach Boulevard and up Seacrest Boulevard. The regulations were adopted in June 2002 and staff has discovered some flaws that need to be corrected. Mr. Hudson reviewed the changes to the code review. It is staff's intent that any request for rezoning Mixed Use would be accompanied by a site plan and this has been clarified in Section F.1. that states "All development and redevelopment shall be represented by corresponding site plan to be processed concurrent with the application for rezoning." Paragraph 2 has been changed to add "uses" after the word "Permitted" in the third sentence of the first paragraph. A new sentence has been added at the end of this paragraph that reads, "Heights, densities and intensities of development are regulated according to the classification of the roadway determined to be the frontage." Chairman Finkelstein pointed out that the previous draft already contained the word "uses" and Mr. Hudson stated that the word should not have been underlined. The definition of a vertical mix has been clarified in Paragraph 2 to read as follows: "The district allows a maximum height of one hundred-fifty (150) feet and a residential density of 80 dwelling units per acre, provided that all new developments within this district that front on streets designated as 'arterial' or 'collector' roadways on the 'Functional Classification of Roadways Map' contain a vertical mixture of retail, office and/or residential uses. Mr. Hudson is also proposing a change to the second paragraph of paragraph b. that is not in the new draft. The sentence that currently reads "All new Mixed Use developments within this district" would be changed to read "All new developments containing a mix of uses..." Also, two more street categories have been added, "collector" and "local collector." The last sentence of the same paragraph has been changed by adding the following phrase after the words "residential uses: "which may be arranged either vertically or horizontally." · Live/work units have been added to the use list with "note p15,,. Mr. Tillman inquired if there could be vertical and horizontal mixed-uses next to each other. Mr. Hudson felt that this would be feasible, but pointed out that is the reason staff wants to look at the site plans before they are approved. 4708 12 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 10, 2004 With regard to the live/work units, Mr. Hudson stated that usually the living area is smaller than the work area and a person would own both areas. Staff has put in regulations to control the type of uses that would be allowed. Normally, a person would live on top with the business underneath and would have to obtain an occupational license for the business on the bottom. Houses of worship are now permitted in mixed-high if they are an integral part of a mixed-use development and not the major portion of the development. Also, the distance requirement has been eliminated. · Marina has been added as a conditional use. · Self-storage or mini warehouse is now permitted in Mixed-Use Low district and a series of design standards have been included. Restriction Note 1 has been changed to read: "Must be an integral, part of a Mixed-Use development comprising a maximum of 30 percent of the gross floor area of the entire development." This would apply mainly to churches. · Under the Restriction Notes, Notes 14 and 15 have been added for the live/work and storage uses. · The note that was included between the "minimum parcel size" and "minimum living area" is being stricken and the 3-acre minimum is no longer required. The maximum height for residential for all other uses has now been separated from this category. It is possible to develop a single-family detached in Mixed- Use Low with a maximum height of 35' as a conditional use. Also, duplexes and townhouses could be developed to a maximum height of 35'. "All other uses" have been stricken and new Iocational requirements for height, density and floor area ratio for all other uses have been added. This would be for multi-family and all other Mixed Uses. · Mixed-Use Low: If a project fronts on an arterial road, there is a range of 75' to 100' with no height change. · A density of 40 dua is allowed and a floor area ratio (FAR) of 1.5 to 2.0. This is the same FAR that is allowed in the Comprehensive Plan. · If the property fronts on a collector street, 45' to 75' in height is permitted with a range of 20-40 dua and a FAR of 1 to 1.5. If the property fronts on a local collector, maximum density of 20 dua. 4709 the maximum height is 45' and a Vice Chair Heavilin asked for the definition of "collector" and "local collector." 13 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 10, 2004 Mr. Hudson pointed out that it is based upon the functional classification map that the County develops for State and County roads and then the City can add the local collectors that are not classified. Arterials are main roads that carry traffic regionally; collectors are inter-regional that are shorter distance roads and carry less traffic. Knuth Road and Miner Road are the only designated local collector roads. Local collector roads generally connect principal roadways. All other streets are classified as local streets. Mr. Hudson pointed out that the notes have been moved under the category of. "Locational Requirements for Height, Density and Floor Area Ratio/All Other Uses." Mr. Hutchinson noted that these requirements would keep density on the streets that can handle it. Mr. Hudson added that even though the height can go up to a maximum 45' on the street fa(;ade, for every 50' in height the project would have to step back 10'. This is being required to prevent having straight walls along street frontages. · The built in line has been increased to a maximum of 15' from the property line in order to build wider sidewalks in the downtown. Sidewalks must be a minimum of 10' wide on an arterial road. · Paragraph 8, "Acc," has been changed to read, "Within the MU-H and MU-L Zones, vehicular access to parking shall not be directly from an arterial roadway, if an alternative is available." The purpose of this requirement is to cut down on vehicular access from arterial roadways. · The sidewalk requirement is now contained in Paragraph 9.d. In Paragraph 9.e the language has been changed to read "To add color and soften sidewalk paving with plants, flower containers containing blooming annuals or perennials shall, where practical, be planted and maintained along facades of new buildings fronting on arterial roadways in the MU-H District." · Paragraph 10.c. states that single use-parking garages have a maximum height of 75'. If the garage is combined with another use, it could go up higher. If a parking garage is built on Federal Highway, Boynton Beach Boulevard, or Ocean Avenue, staff is requiring that it be wrapped with commercial uses on the ground floor at least to a depth of 20'. The regulations dealing with self-storage in Paragraph 14 state that they are only allowed above the first floor of a mixed-use structure and must have ground floor retail along the street frontages. One or more retail uses must not be related to '[he use of self-storage and to a depth of at least 20'. 4710 14 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 10, 2004 · Self-storage facilities cannot be accessed from an arterial roadway and the access must be screened from the public right-of-way. · The buildings must be designed to have the appearance of multi-stow retail, office or residential. The regulations dealing with live/work units are as follows: There is a minimum floor area of 1,000. There must be a separation between the live/work unit and the access must be from the outside or a corridor. Each unit must have at least 2% parking spaces. The work activities in the live/work units are limited. Occupational licenses are required for the work unit and the property cannot be sold separately; it must be sold as a live/work unit. Also, the units cannot be converted to either all residential or all commercial. Mr. Hutchinson referred to "Child Care" in the Definitions paragraph. He pointed out that childcare for an office or shopping area is allowed. This would include an office business that had daycare for the children whose parents work there. Alsoi'shopping center or theaters that have daycare are permitted. Mr. Hudson pointed out that having employers with daycare would help cut down on traffic. Mr. Fenton inquired if private clubs would be permitted in Boynton Beach in accordance with the rules and was informed that they would be allowed. · A definition for"Fitness/Health Club" has been added. Vice Chair Heavilin inquired if bed and breakfast establishments would be allowed. Mr. Hutchinson felt that there could be problems with bed and breakfast establishments, but in many urban areas there are "boutique inns" that are actually small hotels. He thought that this might fit well with 10 or more rooms. Mr. Hudson pointed out that bed and breakfast is a conditional use. Mr. DeMarco complimented the staff of the Planning and Zoning Division for doing an excellent job. Mr. Fisher inquired why an auction house is not permitted. Mr. Hudson pointed out that there are all types of auctions. Mr. Fisher would like to see an upscale type auction house allowed and requested that this be redefined. Mr. Hudson noted that the code allows antique shops. Chairman Finkelstein recommended that the definition be changed from not allowed to allowed with conditions. With regard to bus terminals, Mr. Fisher felt that this needed to be better defined because there will be more public transportation downtown over the next few years. Mr. Fenton recommended having a workshop on this so that Board members could have more opportunity to review the material. Members agreed that this would be the best way to review the information. 47! ! 15 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 10, 2004 Chairman Finkelstein welcomed Mayor Taylor to the meeting. Chairman Finkelstein opened the public audience. Buck Buchanan, 807 Ocean Inlet Drive, President of INCA, noted that all the regulations are based upon the type of road that property fronts on. He wanted to know that if his property sat on a small piece of an arterial road would it encompass the entire parcel, even though most of the parcel would be on a neighborhood street. He was concerned that someone could come along and place a high rise in his neighborhood. Mr. Hudson explained that for every foot of height over 45', a project would have to step back one foot from the property line, but there were many cimumstances that would have to be considered. Attorney Payne administered the oath to David Zimet, of the Boynton Beach Faith Based CDC, who inquired why MLK was not on the map. Mr. Hudson explained that the map is six to eight years old and the streets have been reclassified since the original plan was adopted. The map will be updated. ~ Brian Edwards, 629 NE 9th Avenue, Boynton Beach, was glad that another workshop would be scheduled. There are concerns in some of the residential areas regarding the properties that abut Federal Highway and the Intracoastal Waterway. He would like to see something in writing that if a project were in a residential area it would not be developed unless it was along one of those corridors. He was concerned that there is a possibility that high rises would go up along the Intracoastal Waterway. He was against any development in the residential area, especially Mangrove Walk. Chairman Finkelstein closed the public hearing. Motion Mr. Tillman moved to table until the Workshop. Motion seconded by vice Chair Heavilin and unanimously carried. THE MEETING RECESSED AT 8:12 P.M. THE MEETING RECONVENED AT 8:25 P.M. VII. Director's Report A. Updates Chairman Finkelstein remarked that the CRA has yet to acquire its first piece of property. Mr. Hutchinson stated that staff is waiting for a letter or ruling from HUD regarding the appraisal process before any property could be acquired. Chairman Finkelstein inquired if this has been confirmed as necessary and Attorney Payne responded that Assistant City Manager Dale Sugerman requested that she find out from 4712 16 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 10, 2004 HUD about the process. City staff feels that the CRA must obtain HUD's opinion because all HUD rules for the project must be followed. Chairman Finkelstein inquired if these regulations would also apply to willing sellers and Mr. Hutchinson said that it did. The City is concerned that if the CRA did not proceed properly by going through HUD, it could have repercussions upon the entire City. Chairman Finkelstein inquired if Attorney Payne requested a ruling from HUD and she said that she did this verbally, but now HUD wants it in writing. Mr. Fisher requested that staff make this a priority to get the proper paperwork done. Mr. Tillman asked for a report at the next meeting. Mr. Hutchinson announced that the CDC is having an event and he felt it was important for the CRA to participate and to purchase a table. He had previously asked the Board if the CRA could reserve a table at a cost of $750. The money has already been budgeted. Mr. Fenton was not in favor of participating. He felt if they purchased a table for this event, how many tables and how many events would they be participating in? He felt that this would set a bad precedent. Mr. Tillman noted that this was a working relationship that is part of the community and he was in favor of the CRA participating. Mr. Fenton felt that if the Board wanted to purchase a table, members should pay for it themselves. Mr. Fisher said that this would send a good message to the CDC by having the CRA participate since it is in partnership with the CDC. Vice Chair Heavilin also pointed out that the speaker would be addressing redevelopment. Mr. Hutchinson asked Mr. Zimet what the deadline was for purchasing a table and he said that February 18t~ was the cut off date. Motion Mr. Fisher moved to approve the funds to purchase a table at this event. Motion seconded by Vice Chair Heavilin. Mr. DeMarco felt that the Board should support the CDC, but wanted to avoid the look of impropriety. Vote Motion carried 6-1 (Mr. Fenton dissenting). VII, Old Business None 4713 17 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 10, 2004 IX. New Business A. Consideration of CRA Logo and Web Site Layout Mr. Hutchinson reported that members were furnished a packet with several Iogos and a Web page printout. Staff is recommending the first two Iogos that used the "CRA" With a modified City logo. He said it is important to move forward on this because it ties in with a lot of other ideas and projects. There was a consensus on the Board to move forward with the logo on page 4634 in the agenda packet. Chairman Finkelstein liked the logo, but he was not happy about moving Palm Trees. Mr. Fenton asked why the word "Florida" is not mentioned anywhere. Mr. Fenton would like to have a splash on the tail of the dolphins. Vice Chair Heavilin thought that they could have come up with something better. Mr. Fisher said that the background banners can be easily changed. Motion : Mr. Fisher moved to approve the logo on Page 4634 of the agenda packet. Motion seconded by Mr. Tillman and unanimously carried. B. Consideration of Funding of the Wheels Weekend Event Chairman Finkelstein noted that a new Item B. was distributed and should replace the one in the agenda packet. The request for funding is now from the Chamber of Commerce as opposed to BODA. Mr. Hutchinson noted that this is a great event and he would like to keep the momentum going. Because BODA is undergoing changes, they are not in a position to participate in the event. Therefore, the Chamber has agreed to be a partner with the CRA. He noted that some BODA members are also Chamber members and will be participating. The CRA has partnered with the Chamber in the past on the Sunday event. Chairman Finkelstein asked where the big truck rally would take place that is put on by the City. Mr. Hutchinson stated that this would take place near the Children's Museum and will begin earlier in the day. The City staff was nice enough to change the weekend to have the City event coincide with the CRA event. Mr. DeMarco inquired how many members of the Chamber are members of BODA as well and would these members be helping with the program. Mr. DeMarco requested that Ms. Johnson respond to his question. Diana Johnson, President of the Boynton Beach Chamber of Commerce, stated that all downtown merchants will be invited to participate and they do not have to be members of the Chamber of Commerce. This is a partnership event and anyone within the CRA or in their membership could participate. Ms. 'Johnson also noted that the 4714 18 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 10, 2004 Chamber is stepping forward this year to help, but does not intend to maintain this role with hopes that BODA can take it over again next year. Motion Mr. Fisher moved to approve. Motion seconded by Mr. DeMarco and unanimously carried. B. Consideration of Fagade Grant for St. Mark's Catholic Church Mr. Hutchinson noted that there had been prior discussion regarding not-for-profit companies and churches participating in the fagade grant program. Staff would like direction on this application. There was nothing final mentioned in prior minutes when this was previously discussed. Mr. Hutchinson pointed out that St. Mark Catholic Church was very active in the downtown area and has helped the CRA. The project is outstanding and staff is seeking better direction from the Board. Chairman Finkelstein pointed out that the City leases the Mangrove Park Walk from the Church for $1.00. Ms. Carrie Parker Hill was present on behalf of the Church, along with Ken Kaleel who is Chairman of St. Mark School Board and Mr. Stormet Norman, who is also a member of the School Board. Ms. Hill pointed out that the Church operates a fulltime school on site serving 280 students and 40 employees with annual payroll of $931,000. Mr. Tillman noted that St. Mark has always been an integral part of Boynton Beach. Motion Mr. Tillman moved to approve the grant. Motion seconded by Mr. Fisher and unanimously carried. Vice Chair Heavilin pointed out that the issue still needs to be clarified on how these applications should be handled. Mr. Hutchinson recommended bringing the applications in on a case-by-case basis. There was a consensus to deal with these applications on a case-by-case basis. C. Consideration and Approval of the Financial Advisory Contract Mr. Hutchinson pointed out that Ms. Vielhauer has worked very hard on this contract and after checking, they received excellent reviews on the company. They would like to move forward with this in March because staff feels they need a financial advisor onboard. Chairman Finkelstein noted that on page 4680 in Paragraph 2, in the sixth line, middle of the sentence, he felt that the "or" should be an "and" so that it would read "...thirty 4715 19 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 10, 2004 (30) days written notice to the other party, and at that time..." Attorney Payne confirmed that this should be corrected. In the same paragraph, Chairman Finkelstein felt that the word "on" in the next to the last line should be changed to "for" so that it would read, "the Financial Advisor shall be compensated fo.._r alt projects in progress..." Chairman Finkelstein questioned the lettering of paragraph a. (Planning and Development Phase I) and the next paragraph that was numbered b. (Bond Phase II). He pointed out that in sections 1 through 12, bonds are discussed and then 13 states "solicit bids on investment of idle funds, if requested." He questioned if this was the proper place for 13. He also noted that in Paragraph 4 (Compensation), there is a subparagraph b. (Bond Phase II) and this relates to the items under 3.b. as compensation for those items. Chairman Finkelstein thought that Bond Phase II should be changed to Bond Phase I. He also wanted to know who would give the okay for any of the actions in subparagraph c. to take place. Mr. Hutchinson stated it would be the CRA Board. : Chairman Finkelstein also thought that they should receive an estimate of the time it would take to perform a specific item. Mr. Hutchinson did not think this was possible at this time. Mr. Tillman pointed out in the subparagraph entitled Bond Phase II, it states that "there shall be a surcharge of $5,000 for competitive sales and/or refundings." Mr. Tillman requested that competitive sales be defined. Julie Turner of William R. Hough & Co. explained that in a competitive sale of a bond offering, the CRA would prepare for the financing and would request on the day of the sale, bids submission from several different underwriters. This process is usually done in securing a general obligation credit and she did not envision that the CRA would be entering into this type of sale, nor would this fee apply. Attorney Payne recommended adding under Paragraph 3 on page 4680 the wording "and approval of the CRA Board" so that the first sentence would read, "The financial Advisor agrees that upon request, and approval of the CRA Board, the following services may be performed by the Financial Advisor in consideration of the compensation in Paragraph 4 hereto." The Board was agreeable to this amendment to the contract. Mr. Hutchinson inquired who would be authorized to sign the contract on behalf of the Board. Attorney Payne said that the Board Chairman would sign anything the Board approves, unless someone else was authorized. Attorney Payne also pointed out that Phase I was "Planning and Development" and Phase II was "Bond." Attorney Payne recommended reversing the wording so that it would be clearer. 4716 20 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 10, 2004 Mr. Hutchinson also inquired that every time staff gives Hough & Co. an assignment or works with them would this have to be brought to the Board for a decision. Attorney Payne explained that if Hough & Co. calls staff with a question, there is a cost to the CRA and Mr. Hutchinson is asking how this would be handled. Ms. Turner responded that there are always questions and an hourly rate is incurred. Chairman Finkelstein felt that there were no guidelines in the contract on what staff could do. Ms. Turner responded that the CRA staff cannot enter into a financing obligation without the Board's permission. Chairman Finkelstein did not have a problem with Mr. Hutchinson responding to questions since this is part of his job. Also, Mr. Tillman questioned how many questions would be received in a month's time. Mr. Tillman felt if something comes up that Mr. Hutchinson feels would incur a lot of money, he should bring it to the Board. He did not envision that the.CRA's financial advisor would be a great expense during a month's time. Vice Chair Heavilin agreed with Mr. Tillman and felt that staff should certainly have the authority to ask a question. Ms. Vielhauer asked if the Board was willing to approve Phase 1 once the cost is determined. Chairman Finkelstein stated that the Board was being asked to approve the entire contract. Ms. Vielhauer agreed with Chairman Finkelstein, but also stated that the Board was being asked to move forward with Phase 1. Ms. Turner responded that Phase 1 would take place now and Ms. Vielhauer has asked her to prepare a preliminary financing analysis to determine the amount of bonds that the CRA could issue and provide some financing options. Mr. Fisher stated that these were two distinct areas. Chairman Finkelstein asked Ms. Turner what the cost would be for Phase I and she responded that it would depend on how involved they get. She could provide a draft analysis on February 24th, but stated she has not done a great amount of work since they have not been formally engaged. She did not anticipate that this would be a significant amount. When the CRA gets to the Bond Phase, the hourly charges would cease, and they would pay on a per bond basis. Mr. Fenton noted that the memo on Page 4679 states that the Board is being asked to consider a Financial Advisory Service Contract and to move forward with developing a financial strategy. Mr. Fisher asked how much was budgeted for this item and Mr. Hutchinson stated that it is $20,000 for the year. Chairman Finkelstein felt comfortable in approving Planning and Development Phase I, Paragraph 3.a., No. 1 through 3 and the contract with the changes as outlined. He inquired whether the board needs to see a comprehensive plan for the offering of bonds, which he did not think was necessary at this time. Mr. Fenton felt that they should also move forward with the comprehensive plan for the offering of the bonds. Chairman Finkelstein felt before they got to that point, they needed to know if they in fact needed to offer bonds, how much, etc. before coming up with a comprehensive plan. Ms. Turner agreed with this. 4717 21 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 10, 2004 Mr. Fisher asked Ms. Turner if the "not to exceed $20,000" was reasonable and she stated that it was. Ms. Turner suggested that instead of parceling out the contract, she stated that they also do work orders for clients up to a certain amount of money. If she receives a work order up to a certain amount and has to go over, she would come back to the Board for approval. Chairman Finkelstein did not think there was a rush to go out for bonding. Mr. Hutchinson pointed out that staff will continually report to the Board and then the Board can determine if it wants to move forward with additional items. Ms. Turner anticipates coming back on February 24th and sharing her conversations with the rating agencies and bond insurers based upon the CRA's level of previous tax increment revenues and looking at different financing sensitivity analysis. This would show the Board that if the CRA wanted to do a financing today, how much debt it could issue. Chairman Finkelstein requested that Ms. Turner come back and tell the Board what they need, as opposed to just doing bonds. Ms. Turner responded that the CRA is going to have to incur some debt if it wanted to do some of the projects in the budget and it does not have to be a bond issue. Motion Mr. Fisher moved to approve the contract with the changes stated. Motion seconded by Mr. Tillman and unanimously carried. Motion Vice Chair Heavilin moved that the first phase would be Planning and Development Items 1,2 and 3, as listed in the contract. Motion seconded by Mr. Tillman. Mr. Fisher requested that a not to exceed amount be included. Vice Chair Heavilin amended her motion to state not to exceed $20,000 and Mr. Tillman agreed to the amendment of the motion. Mr. Fenton said that he was against the motion because he felt that paragraphs 4 and 5 should be included in the motion. Ms. Turner said that she could not do her analysis if she would not get paid because this is an integral part of her report. Chairman Finkelstein would like Ms. Turner to tell the Board what they need before she goes out to speak with people. He did not think there was any emergency for the Board to go out and borrow millions of dollars. He wants the Financial Advisor to make recommendations. Ms. Turner said that she would not be getting bond ratings, but she would be consulting with the rating agencies and bond insurers to determine what the CRA could support 4718 22 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 10, 2004 based on the CRA's tax increment revenues of $1.3 million in 2002 and how much debt could the CRA issue. This is a fundamental question on where the Board wants to go and what projects you want to do. From her preliminary calculations she has determined that they could issue approximately $8 million in debt. She has to talk to the bond insurers and rating agencies to determine how they would rate the CRA based on its tax increment revenue history, or would the CRA be better off doing a non-rated transaction, if the CRA wanted to issue debt. Chairman Finkelstein said that he did not want to get to this step yet. Mr. Hutchinson pointed out that the CRA is about to embark on writing some very large checks and he would like the Board to consider other alternatives to cash. Vice Chair Heavilin inquired if Ms. Turner can perform the first three tasks and she said that she could, but it would be on a limited analysis. Vote Motion carried 6-1 (Mr. Fenton dissenting). X. Commission Action A. New Fire Station Approved B. Dance Studio Approved Chairman Finkelstein inquired how the dance studio was approved and Mr. Hutchinson responded that it was a conditional use, but is still being discussed by the City. C. Delray Boynton Academy Approved with Newly Designed Roof Chairman Finkelstein asked about the roof for the Delray Boynton Academy. Mr. Hutchinson stated it was a new design and the entire building now has a roof, which the Board has not seen. They will be coming back before the Board with a fa(;ade grant application and the City Commission has requested that the Board hear the application. Xi. Board Member Comments Mr. Fisher reported that the Advisory Board on Children and Youth has done projects in the past that focused on the stakeholders in the area involving the youth. Since the CRA focuses on adult stakeholders, he would like the CRA to spend time with the youth in order to get them to buy into their communities. He proposed coming up with some kind of grant project for neighborhood beautification that would focus on the youth. Mr. Fisher did present this idea to staff and staff is prepared to present guidelines for a grant program at the next meeting. He was informed that there is $10,000 in the miscellaneous line item that could be used for this. He would like to begin with three grants at $1,000 each and then see how this works out. Mr. Fisher requested that staff bring something back to the Board and Mr. Hutchinson stated he would have something for the April meeting. 47:t9 23 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 10, 2004 Mr. Barretta reported that he was abstaining from voting on an item that was on the consent agenda for the fagade grant extension for Boynton Boundless, LLC. Mr. Barretta furnished a completed Form 8B to the Recording Secretary, which has been filed with the records of the meeting. For clarification, Attorney Payne stated that Mr. Barretta was stating for the record that he had a voting conflict on this item. XII. Legal Attorney Payne announced that the City Board members have been getting updates on the Sunshine and Public Records Law and requested that this be scheduled for a future meeting. Mr. Fisher recommended doing this before the April meeting beginning at 6:00 p.m. Members agreed with this. Mr. Hutchinson requested that he be furnished with a memo on this from Attorney Payne. XlII. XlV. Other Items Future Agenda Items A. Consideration of Planning Services for Consolidation and Comprehensive Update to the entire CRA Plan to produce one document (March) B. Consideration of Revised Direct Incentive Program (March) C. Consideration of the Business Genesis Program (March) D. Consideration of Special Pilot Program for Police Patrol in Heard of Boynton and the CBD (March) G. Consideration of Planning Services for Extension from Seacrest to Federal (March) H. I. J. Downtown Parking Study (March) Consideration of Regions Core Grant Applicant (March) Boynton Beach Corridor Plan Draft 2002/2003 Annual Report (March) Consideration of Securing CBD Surface Parking Rights (April) Consideration of Pilot Program for Trolley Service in the CBD (2004/2005 4720 24 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 10, 2004 XV. Adjournment There being no further business, the meeting properly adjourned at Respectfully submitted, Barbara M. Madden Recording Secretary (February 11,2004) 9:30 p.m. 4721 25 MEMO TO: CRA Board FROM: Susan Vielhauer SUBJECT: Financials DATE: March 1,2004 Current cash accounts include the ending balance for the Operating Account $12,008.25, Money Market $6,885,175.19, and petty cash of $500. We.. received $5,468.91 in interest from the Money Market Account this month. BALANCESHEETNOTES Accounts Payable includes the following expenses incurred in November; Office Depot $486.70 and Sun Trust $75.00. These expenses will be paid on March 9, 2004. Accrued Liabilities include the following; Accrued Compensated Time Off $11,750.85, Accrued Salaries ($514.59), and Accrued Health Insurance ($219.14). 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 all cash accounts as of the first of the month. Current Revenues received this month include $5,468.91 in interest. 4722 Currently the % of budget remaining should be at 58% of the total approved budget. The following categories are below the 58% due to the following reasons: 1. Audit - Over due to the cost of the audit is incurred at the beginning of the 2003- 2004 year. This is a one-time expense. 2. Maintenance & Cleaning - Over due to Relax Inn Lot mowing which is complete for the year. This category will only decrease by $160.00 per month for the remainder of the year or $1,120.00 for the 2003-2004 year. 3. IT Support- Over due to cost is quarterly not monthly. 4. Rent Expense - Over due to rent is paid at the end of the month for the next month's rent. 5. Seminars - Over due to the cost is incurred at the beginning of the 2003-2004 Budget for the Florida Redevelopment Association Cost. This is a one-time expense. 6. Office Supplies - Over due to the cost of the project books and planning and development books. Staff is bringing forward to the CRA Board a program to charge for books and maps to offset cost. CASH FLOWS STATEMENT NOTE The Cash Flows Statement lists the money received. The statement lists the checks by vendor paid out in the current month. 4723 Community Redevelopment Agency of Boynton Beach Balance Sheet Government Funds February 29, 2003 Total Community Redevelopment ASSETS Cash and Cash Equivalents Receivables Prepaid Expenses Inventory Fixed Assets Real Estate Relax Inn RiverWalk / Promenade / BBB Extension RiverWalk / Promenade / Land MLK 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 $ $ $ $ $ $ $ $ 6,897,683.31 2,118.41 869,209.96 $ 13,725.68 $ (3,290.43) $ 7,779,446.93 LIABILITIES AND FUND BALANCES Liabilities: Accounts Payable Accrued Liabilities Note Payable $ 561.70 $ 11,455.4O $ 2,752,345.10 Total Liabilities $ 2,764,362.20 Fund Balances: General Fund Change in Fund Balance $ 3,295,835.16 $ 1,719,249.57 Total Fund Balances $ 5,015,084.73 $ 7,779,446.93 Total Liabilities and Fund Balances 4724 Income Statement Feburary 29, 2004 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 $o.oo $0.00 $0.00 $0.00 $0.00 $5,468.91 $5,468.91 $o.oo $o.oo $5,468.91 YTD $2,278,787.00 $o.oo $o.oo $o.oo $o.oo $o.oo $18,465.92 $18,465.92 $4,170.00 $4,170.00 $22,635.92 Current Total $2,278,787.00 $2,278,787.00 $0.00 $0.00 $0.00 $0.00 $23,934.83 $23,934.83 $4,170.00 $4,1701'00 $2,306,891.83 4725 Income Statement Property / General Insurance Bonding Insurance Professional Insurance Promotional / Business Meeting CRA Meeting / Presentation Association Meeting Seminars Mileage & Delivery Services Car Allowance Director Office Supplies Office Expense Office Equipment / Furniture Licenses, Fees, Permits Membership, Subscriptions Books & Publications Advertising Expense Career Development Office Printing Miscellaneous Depreciation Expense Interest Expense Total General & Administrative Total Application of Funds Fund Sources in Excess of Application Current $68.12 $32.42 $261.85 $10.30 $700.00 $31.89 $o.oo $26.91 $276.92 $824.81 $87.34 $o.oo $o.oo $20.00 $o.oo $634.50 $450.90 $2.74 $o.oo $233.91 $o.oo $27,741.73 $36,3O6.85 ($30,837.94) YTD $272.48 $80.52 $1,047.40 $298.19 $219.92 $53.95 $4,542.10 $233.31 $1,246.14 $4,327.12 $363.52 $954.81 $204.00 $1,232.95 $194.50 $o.oo $564.03 $202.O3 $68.40 $935.64 $7.45 $217,481.59 $551,636.45 ($529,000.53) Current Total $340.60 $112.94 $1,309.25 $308.49 $919.92 $85.84 $4,542.10 $260.22 $1,523.06 $5,151.93 $450.86 $954.81 $204.00 $1,252.95 $194.50 $634.5O $1,014.93 $204.77 $68.40 $1,169.55 $7.45 $244,922.28 $587,642.26 $1,719,249.57 4727 February 29, 2003 Beginning Balance Revenues TIF Taxes Grant Funding Interest Income Other Income Total Revenue Expenditures Personnel Cost Salary Expense Payroll Taxes Retirement 457 Plan Short Term/Long Term Disability Workers Comp Health Insurance Life Insurance Total Personnel Cost Professional Services Legal City Staff Contracted Services Audit Maint. & Cleaning }.T. Support Total Professional Services Office Rent Expense Phone Expense Electric Expense Office Total =qulpment Leases Expenses ,surance 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, Publicatl, Advertising & Public Notices Career Development Office Printing Expense Miscellaneous Expense n~bt Service ncipaJ Payment ,, ~terest Expense Debt Issue 1 Sinking Fund Issuance Cost Total Debt Service Budget to Actual Comparison Community Redevelopment Agency of Boynton Beach Amended Year To Current YTD 2003/2004 2003/2004 Date Period Totals Including Budget Budget Totals Februa~ Current Month 4,751,917.00 5,207,162.00 5,207,162.00 6,961,904.45 5,207,162.00 03/04 % of Budget Budget Remaining Remaining 2,361,158.00 2,374,597.00 2,278,787.00 0.00 2,278,787.00 95,810.00 4% 0.00 0.00 0.00 0.00 0.00 0.00 N/A 75,000.00 75,000.00 18,465.92 5,468.91 23,934.83 51,065.17 68% 0.00 0.00 0.00 0.00 0.00 0.00 N/A 7,188,075.00 2,449,597.00 2,297,252.92 5,468.91 2,302,721.83 207,500.00 207,500.00 71,112.95 15,780.00 86,892.95 15,563.00 15,563.00 3,285.03 1,452.36 4,737.39 9,375.00 9,375.00 0.00 200.00 200.00 0.00 2,000.00 570.66 153.31 723.97 1,824.00 1,824.00 481.28 120.32 601.60 16,800.00 16,800.00 5,915.82 76.44 5,992.26 540.00 540.00 144.00 97.24 241.24 251,602.00 253,602.00 81,509.74 17,879.67 99,389.41 44,000.00 76,742.00 23,187.00 0.00 23,187.00 6,000.00 6,000.00 1,804.35 273.22 2,077.57 170,000.00 219,511.00 69,422.94 -486.80 68,936.14 7,500.00 7,500.00 5,900.00 75.00 5,975.00 2,800.00 2,800.00 1,360.00 235.00 1,595.00 13,360.00 13,360.00 3,647.50 3,150.00 6,797.50 243,660.00 325,913.00 105,321.79 3,246.42 108,568.21 14,112.00 14,112.00 5,600.00 1,120.00 6,720.00 7,800.00 7,800.00 1,919.12 562.63 2,481.75 1,875.00 1,875.00 571.64 157.52 729.16 23,787.00 23,787.00 8,090.76 1,840.15 9,930.91 4,356.00 4,356.00 1,490.50 343.00 1,833.50 146,875.17 120,607.05 58% 10,825.61 70% 9,175.00 98% 1,276.03 64% 1,222.40 67% 10,807.74 64% 298.76 55% 154,212.59 61% 53,555.00 70% 3,922.43 65% 150,574.86 69% 1,525.00 20% 1,205.00 43% -6,562.50 49% 217,344.79 89% 7,392.00 52% 5,318.25 68% 1,145.84 61% 13,856.09 58% 2,522.50 58% 1,438.00 1,438.00 272.48 68.12 340.60 1,097.40 76% 350.00 350.00 80.52 32.42 112.94 237.06 68% 3,900.00 3,900.00 1,047.40 261.85 1,309.25 2,590.75 66% 5,688.00 5,688.00 1,400.40 362.39 1,762.79 3,925.21 69% 4,800.00 4,800.00 298.19 10.30 308.49 3,000.00 3,000.00 219.92 700.00 919.92 504.00 504.00 53.95 31.89 85.84 6,735.00 6,735.00 4,542.10 0.00 4,542.10 1,080.00 1,080.00 233.31 26.91 260.22 3,600.00 3,600.00 1,246.14 276.92 1,523.06 19,719.00 19,719.00 6,593.61 1,046.02 7,639.63 1,500.00 1,500.00 363.52 87.34 450.86 7,500.00 7,500.00 4,327.12 824.81 5,151.93 4,491.51 94% 2,080.08 69% 418.16 83% 2,192.90 33% 819.78 76% 2,076.94 58% 12,079.37 61% 1,049.14 70% 2,348.07 31% 9,000.00 9,000.00 4,690.64 912.15 5,602.79 3,397.21 38% 1,250.00 1,250.00 204.00 0.00 204.00 1,046.00 84% 3,316.00 3,316.00 1,232.95 20.00 1,252.95 2,063.05 62% 500.00 500.00 194.50 0.00 194.50 305.50 61% 5,066.00 5,066.00 4,000.00 4,000.00 4,000.00 4,000.00 4,500.00 4,500.00 600.00 500.00 1,631.45 20.00 1,651.45 0.00 634.50 634.50 564.03 450.90 1,014.93 202.03 2.74 204.77 75.85 0.00 75.85 4728 0.00 0.00 0.00 -5,071.11 0.00 -5,071.11 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 -5,071.11 0.00 -5,071.11 134,925.23 134,925.23 182,372.73 182,372.73 200,000.00 200,000.00 20,000.00 20,000.00 60,000.00 60,000.00 597,297.96 597,297.96 3,414.55 67% 3,365.50 84% 2,985.07 75% 4,295.23 95% 424.15 85% 134,925.23 100% 187,443.84 103% 200,000.00 100% 20,000.00 100% 60,000.00 100% 602,369.07 101% STATEMENT OF CASH FLOWS BEGINNING CASH BALANCE REVENUES TIF Taxes Boynton Beach Total TIF Taxes Interest Income SunTrust Bank Interest Total Interest Income TOTAL REVENUES EXPENDITURES Salaries Expense Douglas Hutchinson Douglas Hutchinson Texas CS Unit Texas CS Unit Susan Vielhauer Susan Vielhauer Annette Gray Annette Gray Garine Ghazarian Garine Ghazarian Total Salaries Expense Payroll Tax Expense FUTA Tax 941 Deposits Total Payroll Tax Expense Health Insurance Expense Aetna Health Insurance Comp Dent Corporation Total Health Insurance Expense Life Insurance Expense The Hartford Total Life Insurance Expense Retirement Lord Abbot Total Retirement Expense ST / LT Disability Principal Financial Group Total ST / LT Disability Professional Fees - City Staff The City of Boynton Beach The City of Boynton Beach Total Professional Fees - City Staff Professional Fees - Contracted Angell Pension Group Inc Kimley-Horn Assoicates, Inc Total Professional Fees - Contracted Professional Fees - IT City of Boynton Beach Carillon Financials Total Prnf~_.e_~innal l::aae. IT $ 1,779.16 $ 1,778.86 $ 461.54 $ 461.54 $ 1,357.62 $ 1,357.62 $ 1,312.22 $ 1,312.22 $ 817.62 $ 817.62 $ 224.00 $ 4,991.20 $ 2,062.87 $ 76.44 $ 97.24 $ 400.00 $ 153.31 267.67 273.22 4730 $ 205.50 $ 10,500.00 $ 3,000.00 $ 150.00 $ 5,468;91 $ 5,468.91 $ 11,456.02 $ 5,215,20 $ 2,139.31 $ 97.24 $ 400.00 $ 153.31 $ 540.89 $ 10,705.50 $ 6,939,404.75 $ 5,468.91 Total Office Printing Career Development Doug Hutchinson-Palm Beach Days Suntrust Florida Atlantic University Total Career Development Advertising Palm Beach Post Palm Beach Post Total Advertising Expense Festivals / Events / Bus. Pro / Banners BODA Total Festivals / Events / Bus. Pro / Banners Riverwalk/Promenade/BBB Extension Johnathan Ricketts Total Riverwalk/Promenade/BBB Extension $ $ $ $ $ 73.00 172.90 130.00 418.50 216.00 464.26 8,051.96 $ 2.74 $ 375.90 $ 634.60 $ 464.26 $ 8,051.96 TOTAL EXPENDITURES TOTAL REVENUES OVER EXPENDITURES TOTAL RESERVE BALANCE BEFORE DEBT $ 47,190.35 $ (41,721.44) $ 6,897,683.31 4732 Memo: To: From: Subject: Date: CRA Board Douglas Hutchinson Price List for CRA Documents and Maps February 26, 2004 Staff has performed a cost analysis for the CRA books and maps produced to be viewed and/or purchased by the public. Prior to this cost analysis, the actual cost of document production was not known. Additionally, the books and maps were not being sold. As a result, there was a heavy drain on the office supply budget due to the cost of producing the documents. '.. In order to remedy the situation and ease budget impacts, the CRA office will begin to charge for books and maps. Staff has attached a detailed cost analysis outline of all CRA books and maps for your review. Document Price Federal Hwy Corridor Community Redevelopment Plan Urban Land Institute Regional Economic & Redevelopment Trends Boynton Beach 20/20 Redevelopment Master Plan CRA Redevelopment Briefing Savage Creatures of Ancient Seas Capital Improvement Program 2001-2005 Development Atlas of the City of Boynton Beach 4733 Cost Selling Price $3.85 $3.50 $4.65 $5.00 $11.08 $10.00 $13.74 $15.00 $7.67 $7.50 $7.92 $7.50 $6.63 $5.00 Ocean Distdct Community Redevelopment Plan Boynton Beach Community Redevelopment Plan Heart of Boynton - Master Plans & Schematic Designs Heart of Boynton Community Redevelopment Plan Historical High School Structural Analysis For the Histodc High School Task Force Boynton Beach Historic High School $8.26 $7.5O $4.61 $5.00 $3.71 $3.50 $6.94 $5. OO $4.35 $5.00 $9.67 $10.00 Maps Zoning $5.00 Aerial $7.50 Use $5.00 CRA Area $5.00 Staff is recommending CRA Board approval to sell the books and maps at the suggested prices above. 4734 COST ANALYSIS The Federal Highway Corridor Community Redevelopment Plan Pages - 59 Price per page - .00436 Price of comb (1/2") -. 15 Price of white card stock- .02 Price of clear covers - .44 Labor - $1.59 Ink- $1.39 Total Cost - $3.85 Retail Price - $3.50 The Urban Land Institute Regional Economic & Redevelopment Trends Pages - 88 Price per page - .00436 . Price of comb (1/2") -. 15 Price of white card stock - .02 Price of clear covers - .44 Labor - $1.59 Ink- $2.07 Total Cost - $4.65 Retail Price - $5.00 Boynton Beach 20/20 Redevelopment Master Plan Pages - 241 Price per page -.00436 Price of 11" X 17" per page (7) - .013092 Price of comb (1") - .63 Price of white card stock - .02 Price of clear covers - .44 Labor - $3.19 Ink - $5.66 Total Cost - $11.08 Retail Price - $10.00 4735 CRA Redevelopment Briefing Pages - 154 Price per page -.00436 Price of comb (1 ½") -.94 Dividers (4) - $3.26 Price of white card stock - .02 Price of colored card stock (20 pages) - $1.60 Price of clear covers - .44 Labor - $3.19 Ink - $3.62 Total Cost - $13.74 Retail Price - $15.00 Savage Creatures of Ancient Seas Pages- 122 Price per page - .00436 Price of comb (1") -. 63 Price of white card stock - .02 Price of clear covers - .44 Labor - $3.19 Ink - $2.86 Total Cost - $7.67 Retail Price - $7.50 Capital Improvement Program 2001-2005 Pages- 129 Price per page - .00436 Price of 11" X 17" per page (4) - .013092 Price of comb (1")- .63 Price of white card stock - .02 Price of clear covers - .44 Labor - $3.19 Ink - $3.03 Total Cost - $7.92 Retail Price - $7.50 The Development Atlas of the City of Boynton Beach Pages - 101 Price per page - .00436 Price of comb (5/8") -. 17 Price of white card stock - .02 Price of clear covers - .44 Labor - $3.19 Ink - $2.37 Total Cost - $6.63 Retail Price - $5.00 4736 The Ocean District Community Redevelopment Plan Pages- 143 Price per page -.00436 Price of comb (1") - .63 Price of white card stock - .02 Price of clear covers - .44 Labor - $3.19 Ink- $3.36 Total Cost - $8.26 Retail Price - $7.50 Boynton Beach Community Redevelopment Plan Pages - 86 Price per page - .00436 Price of comb (5/8") -. 17 Price of white card stock - .02 Price of clear covers - .44 Labor - $1.59 Ink - $2.02 Total Cost - $4.61 Retail Price - $5.00 Heart ofBoynton - Master Plans & Schematic Designs Pages- 54 Price per page - .00436 Price of comb (1/2") -. 15 Price of white card stock - .02 Price of clear covers - .44 Labor - $1.59 Ink - $1.27 Total Cost - $3.71 Retail Price - $3.50 Heart of Boymon Community Redevelopment Plan Pages - 112 Price per page -.00436 Price of comb (5/8") -. 17 Price of white card stock - .02 Price of clear covers - .44 Labor - 3.19 Ink - $2.63 Total Cost - $6.94 Retail Price - $5.00 4737 Historical High School Structural Analysis for the Historic High School Task Force Pages - 77 Price per page -.00436 Price of comb (1/2") -. 15 Price of white card stock - .02 Price of clear covers - .44 Labor- $1.59 Ink- $1.81 Total Cost - $4.35 Retail Price - $5.00 Boynton Beach Historic High School Pages- 189 Price per page - .00436 Price of 11" X 17" per page (10) - .013092 Price of comb (1") -.63 Price of white card stock - .02 Price of clear covers - .44 Labor - $3.19 Ink- $4.44 Total Cost - $9.67 Retail Price - $10.00 4738 MEMO TO: CRA Board FROM: Annette Gray SUBJECT: Project Signage and Groundbreaking Event Date for the Boynton Beach Boulevard Extension and Promenade Project Date: February 9, 2004 Staff is proposing an event to celebrate the groundbreaking of the Boynton Beach Boulevard Extension and Promenade Project. The commencement of this project after many years of planning is a milestone and should be recognized as one of the many first steps towards actualizing not only the CRA Comprehensive Plan but' also the Boynton Beach Vision 20/20 Plan. The proposed date of the unveiling of the sign is Thursday, March 18, at 6:30 p.m, at the project site. If this date conflicts with your schedule, please contact Staff to assist in the determination of a new date and time. 4739 Z 13 U Q [] MEMO TO: CRA Board FROM: Douglas Hutchinson SUBJECT: Consideration of Planning Services for the Boynton Beach Corridor Plan Extension from Seacrest to FEC Tracks DATE: February 24, 2004 As per the direction of the CRA Board, RMPK Group has submitted a Phase II Scope of Work for the Boynton Beach Boulevard Corridor Plan for extension of the study area from Seacrest to the FEC Tracks (Note that the Central Business District starts at the FEC tracks). The Phase II Contract includes the Scope of Work, Time Schedule, and Cost per task. Staff is recommending approval of the Phase II Boynton Beach Boulevard Corridor Plan. 4?40 PROJECT TITLE: BOYNTON BEACH BOULEVARD CORRIDOR PLAN PHASE II SCOPE OF SERVICES RMPK Group will provide professional services to the City of Boynton Beach Community Redevelopment Agency for the preparation of the Boynton Beach Boulevard Corridor Plan. The following services will be provided: Work Task 1.0 Project Organization And Management 1.1 Finalize Scope of Work a. Consultant shall meet with CRA staff to develop a detailed Scope of Services and products for the redevelopment planning process. b. Consultant and CRA staff will meet and discuss work efforts, existing base data, past studies, level of public involvement/participation, timing of related projects, and key issues. c. Consultant shall synthesize the elements from the above meetings and prepare a final detailed Scope of Services. 1.2 Products a. The consultant will prepare a final scope of services. b. The consultant will prepare a final project schedule. c. The consultant will prepare a public involvement process and schedule. Work Task 2.0 Inventory 2.1 Review Existing Documents and Studies Description: This task will include the review of all pertinent studies and documents prepared by the City, State or Regional agencies and other consultants. Each of the documents will be reviewed with regard to any base data, which may be useful in the preparation of maps, analysis and planning strategies. Most importantly, this phase will include a review of existing redevelopment documents and a search to determine changes to these original databases. The documents to be reviewed may include, but will not be limited to the following: · · · · · Heart of Boynton Plan 20/20 Vision Plan Ocean District Plan Federal Highway Corridor Plan Boynton Beach Boulevard Corridor Plan 4741 2.2 Site Inventory a. This task will include the inventory of the planning characteristics of the project site. A physical conditions base map will be prepared which delineates existing elements and the location of each element on the site. b. The existing conditions inventory will include the preparation of a base map and a series of inventory maps. The mapping will be prepared using existing and available CAD / GIS mapping information. Mapping will be prepared at a scale that allows the base maps to be enlarged for the preparation of physical alternatives and the development of the preferred plan. Reproducible originals will be made available to the Owner. The specific items of the inventory will include, but will not be limited to: · Existing land use · Future land use · Land ownership · Land values · Development proposals · Zoning · Utilities : · Parking · Circulation · Urban design elements Work Task 3.0 Analysis 3.1 Site Analysis a. The site analysis will utilize the existing conditions inventory to evaluate the physical characteristics of the CRA area and adjacent lands. The analysis will evaluate the existing conditions issues and will identify critical areas of concern as they relate to existing CRA areas. b. The site analysis will address the following issues: URBAN DESIGN · Pedestrian circulation patterns · Directional and identity signage · Downtown design theme character · Existing public open space · Existing landscape · Visual conditions · Existing R.O.W. design · Existing building setback design · Traffic circulation · Service access · Parking location and quantity · Lighting conditions · Paving conditions · Drainage conditions 4742 · Utilities constraints · Building facade conditions · Vacant land opportunities LAND · · · · · · USE/CIRCULATION Compatibility Viable redevelopment sites Opportunities and constraints Vacant land Traffic hazard areas Demographics Work Task 4.0 - Concept Plan 4.1 Conceptual Physical Plan a. The consultant team will then prepare conceptual land use and urban design framework plan. The plan will delineate the following elements: · Land use areas · Urban design criteria · Auto circulation routes · Pedestrian circulation routes · Pedestrian plaza areas and urban open space · Parking areas · Key infrastructure improvements · Key land use project areas 4.2 Alternative Plan Analysis a. The concept plan will be reviewed and refined by CRA staff. a. The concept plan will be reviewed and refined by the CRA Board. Work Task #5 - Final Redevelopment Plan 5.1 Final Physical Land Use Plan a. Future land use designations b. Parking and circulation designations c. Urban Design Criteria d. Urban open space designations e. Community services plan f. Infrastructure plan g. Perspective drawings of planned improvements 5.2 Implementation Plan a. Description of public and private projects. b. Target development projects c. Cost estimates 4743 d. LDR and Zoning recommendations 5.3 Final Public Presentations a. CRA Board 5.4 Documentation a. Preparation of Final Plan Document ADDITIONAL SERVICES If the Boynton Beach CRA requests additional services, then a new task order will be prepared to describe the additional work and necessary compensation. PROJECT PRODUCTS RMPK Group will deliver (25) copies of the corridor plan. SCHEDULE Plan will be completed by November 30 2004. COMPENSATION Fee Task 1 - Project Organization Task 2 - Inventory Task 3 - Analysis Task 4 - Concept Plan Task 5 - Final Plan $ 1,000.00 $ 3,000.00 $ 3,000.00 $ 7,000.00 $ 11,000.00 Total $ 25,000.00 Expenses charged @ 1.1 times actual cost Approved By: Boynton Beach CRA By: Dated this day of ,2004 Submitted By: The RMPK Group BY: Dated this day of 4744 ,2004 MEMO TO: CRA Board FROM: Douglas Hutchinson SUBJECT: Consideration of Planning Services for A Comprehensive Consolidation/Update to Produce One CRA Master Plan Document. DATE: February 24, 2004 The long awaited CRA Master Comp plan will consolidate all of the CRA plans into one planning document, which will include the new TCEA, Design Guidelines, Land Development Regulations rewrite and incorporate various district updates, and resolve any conflicts between the documents/studies. Moreover, this scope of work will incorporate a parking study element into the CRA Master Comp plan, which saves the CRA approximately $25,000 if it was contracted separately. RMPK Group has submitted a proposal for the Boynton Beach Unified Redevelopment Master Plan, which sets out the Scope of Work, Time Schedule, and Cost per task (Copy attached). RMPK Group is currently providing for and/or consulting on the Boynton Beach Design Guidelines, Boynton Beach Boulevard Extension, LDR (City), Heart of Boynton Community Plan, and the Heart of Boynton Update, which are all of the current components of the proposed CRA Master Comp plan study. Moreover, because RMPK Group has been participating in the plans they would not have to start at the beginning, but could start at with the full understanding of the past and existing projects and issues. In addition, the RMPK Group already has the 4745 above referenced projects documents in their computer system. This will provide the CRA with a cost savings as well as a time saving for the CRA Master Comp plan Study. For these reasons, Staff is recommending a sole source purchase of this service due to the interrelationship of these elements to the CRA Master Oomp plan. Staff is recommending approval of the contract with RMPK Group for the Boynton Beach Unified Redevelopment Master Plan. 4746 PROJECT TITLE: BOYNTON BEACH UNIFIED REDEVELOPMENT MASTER PLAN SCOPE OF SERVICES RMPK Group will provide professional services to the City of Boynton Beach Community Redevelopment Agency for the preparation of a Unified Redevelopment Master Plan. The Master Plan will provide guidance for successful implementation of the City's overall redevelopment efforts. The Unified Redevelopment Plan will be based on the review and evaluation of existing redevelopment plans. Information will be consolidated and formatted into one unifying document that will provide recommendations concerning program organization, capital improvement priorities, economic development strategies and additional tasks needed for successful redevelopment. Work Task 1.0 Project Organization And Management 1.1 Finalize Scope of Work a. Consultant shall meet with CRA staff to develop a detailed Scope of Services and products for the redevelopment planning process. b. Consultant and CRA staff will meet and discuss work efforts, existing base data, past studies, level of public involvement/participation, timing of related projects, and key issues. c. Consultant shall synthesize the elements from the above meetings and prepare a final detailed Scope of Services. 1.2 Products a. The consultant will prepare a final scope of services. b. The consultant will prepare a final project schedule. c. The consultant will prepare a public involvement process and schedule. Work Task 2.0 Inventory 2.1 Review Existing Documents and Studies Description: This task will include the review of all previous plans, studies and documents prepared by the City, State or Regional agencies and other consultants. Each of the documents will be reviewed with regard to any base data, which may be useful in the preparation of maps, analysis and planning strategies. Most importantly, this phase will include a review of existing redevelopment documents and a search to determine changes to these original databases. The documents to be reviewed may include, but will not be limited to the following: · Heart of Boynton Community Redevelopment Plan 4747 2.2 Boynton Beach 20/20 Redevelopment Master Plan · Ocean District Community Redevelopment Plan · Federal Highway Corridor Community Redevelopment Plan · Federal Highway Corridor North Redevelopment · Boynton Beach Boulevard Corridor Plan Site Inventory a. This task will include the inventory of the planning characteristics of the project sites. Physical conditions base maps will be prepared which delineates existing elements and the location of each element on the sites. This will be an important element of the planning process because the previous redevelopment plans were all prepared and formatted using separate databases. b. The existing conditions inventory will include the preparation of base maps and a series of inventory maps. The mapping will be prepared using existing and available CAD / GIS mapping information. Mapping will be prepared at a scale that allows the base maps to be enlarged for the preparation of physical alternatives and the development of the preferred plans. Reproducible originals will be made available to the Owner. The specific items of the inventory will include, but will not be limited to: · Existing land use · Future land use · CRA future land use · Vision plan concept · Land ownership · Land values · Development proposals · Zoning · Utilities · Parking · Circulation · Public facilities · Historic sites · Urban design elements Work Task 3.0 Analysis 3.1 Site Analysis a. The site analysis will utilize the existing conditions inventory to evaluate the physical characteristics of the CRA area and adjacent lands. The analysis will evaluate the existing conditions issues and will identify critical areas of concern as they relate to existing CRA areas. b. The site analysis will address the following issues: 4748 3.2 URBAN DESIGN · Pedestrian circulation patterns · Directional and identity signage · Downtown design theme character · Existing public open space · Existing landscape · Visual conditions · Existing R.O.W. design · Existing building setback design · Traffic circulation · Service access · Parking location and quantity · Lighting conditions · Paving conditions · Drainage conditions · Utilities constraints · Building facade conditions · Vacant land opportunities LAND · · · · · · · USE/CIRCULATION Compatibility Viable redevelopment sites Opportunities and constraints Delineation of appropriate housing mix Vacant land Traffic hazard areas Demographics ECONOMICS · Based on previous market studies, key economic principles will be summarized and an appropriate economic positioning strategy devised. Document Analysis Using a uniform standard of analysis each of the previous redevelopment plans will be reviewed and analyzed based on current conditions. A summary of key issues for each district will be prepared as well as a summary of incongruencies within and between the various documents. Work Task 4.0 - Concept Plans 4.1 Conceptual Physical Plans a. The consultant team will prepare a conceptual land use and urban design framework plans for the district. The plans will delineate the following elements: 4749 · Land use areas 4.2 43 · · · · · · · · · · Urban Design Framework Auto circulation routes Pedestrian circulation routes Pedestrian plaza areas and urban open space Parking areas Key infrastructure improvements Key land use project areas Streetscape Elements Key public projects Key public/private projects Plan Analysis a. The concept plans will be reviewed and refined by CRA staff. a. The concept plans will be reviewed and refined by the CRA Board. Public Involvement - Plan Review a. A Public Workshop will be held. The focus will be: · Review the concept plans · Provide comments on the plans Work Task #5 - Final Redevelopment Plans 5.1 Final Physical Land Use Plans a. Future land use designations b. Parking and circulation designations c. Urban design criteria d. Urban open space designations e. Infrastructure plans f. Perspective drawings of planned improvements 5.2 Implementation Plans a. T[F projections / Capital Improvements Plan b. Description of public and private projects. c. Target development projects d. Description of agency participation e. Intent of each phase f. Cost estimates g. Funding source options - grants plan h. Management and administrative recommendations i. LDR and Zoning recommendations j. Long term public involvement strategies k. CRA Board implementation procedures 5.3 Statutory Requirements a. Address all Statutory Requirements related to the social, economic and environmental impacts of the proposed plan. 4750 5.4 5.6 Final Public Presentations a. CRA Board, P & Z Board, City Commission Documentation a. Preparation of Final Redevelopment Plan Documents ADDITIONAL SERVICES If the Boynton Beach CRA requests additional services, then a new task order will be prepared to describe the additional work and necessary compensation. PROJECT PRODUCTS RMPK Group will deliver (25) copies of the redevelopment plan. SCHEDULE Plan will be completed by October 30, 2004. COMPENSATION Fee Task 1 - Project Organization Task 2 - Inventory Task 3 - Analysis Task 4 - Concept Plan Task 5 -Final Plan $ 5,000.00 $ 20,000.00 $ 30,000.00 $ 30,000.00 $ 65,000.00 Total $150,000.00 Expenses charged @ 1.1 times actual cost Approved By: Boynton Beach CRA By:, Dated this day of ,2004 Submitted By: The RMPK Group BY: Dated this day of 4751 ,200 V. Public Audience. Any person who decides to appeal any decision of the Community Redevelopment Advisory 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. 4752 The city shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the City to reasonably accommodate your request. VI. Public Hearing Any person who decides to appeal any decision of the Community Redevelopment Advisory 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. 4753 The city shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the City to reasonably accommodate your request. VII. Director's Report Any person who decides to appeal any decision of the Community Redevelopment Advisory 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. 4754 The city shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the City to reasonably accommodate your request. MEMO To: From: Date: Subject: CRA Board Douglas Hutchinson March 9, 2004 CRA Activities Development Items: Group A Annual report- A Comprehensive Annual Report is beinq developed. Drafts of the Annual RepOrt will be presented for review in March as an FYi and approval in April. Boynton Beach BlvdlPromenade/Riverwalk Design/Build RFQ Work has begun on the next phase of work for project design. Multiple meetings have taken place in the past several weeks. Updates are received weekly from Burkhardt and Kimley-Horn. Their updates and project timeline are supplied for your review. 30% of drawings for Promenade and Riverwalk completed. Cost estimates for all aspects with time tables will be presented in March. DH Way-Finding Signage Program - Phase II (manufacturing) and Phase III have been approved by the CRA Board to move forward. Final s(qn pictures, map location, and la!Tends were sent out to the CRA board on Friday. Staff is requestin.q input back on the CRA s(qns by March 9th. DH · MLK Property Acquisition Phase I - Coordinating with Dale Sugerman and TUG for purchases (See response letter regarding the HUD regulations and the letter from Dale - both were sent FYI to CRA Board) - Update from Lindse¥ and the Director. See aaenda. CBD Parking Acquisitions - Negotiations have been underway to acquire .future public parking spaces. Project scope includes several existing owners in the targeted Block. Comprehensive 4755 Redevelopment Master Plan for the Block is being completed by the private sector. The CRA is meeting with the involved parties to finish mapping out issues. Staff is targeting April for "letter of understanding" between the various parties. D__.~ · Boynton Beach Blvd District Redevelopment Plan Update - Final update is bein.q compiled. Presentation will take place when additional study area from Seacrest to FEC is completed. DH Desi.qn Guidelines Overlays- RMPK submitted a rough draft of the design guidelines for Board review and comment. RMPK is finishing the other types of zoning design criteria. RMPK Group presented the Desi. qn Guidelines Overlays to the CRA Board at a workshop which was held on 2/19/04. The CRA Board decided to ,qive their input to the CRA Director, who will compile it into one document. The document will be given back to RMPK Group for their next revision. Museum Feasibility Study Team- The initial meetin.q will be set for March if the direction is to move forward at the March CRA Meetin.q. See Agenda. DH CRA Brochure and Web Site Development- The CRA Board approved the CRA Lo.qo and Web Site desion in February. Staff has instructed Jack of Arts to Ret three estimates for the initial purchase of letterhead, envelopes, and business cards. Jack of Arts is also .qoin.q forward with Web Site Development and setup. DH · Events - Wheels Weekend 2004 is a partnership amonq the CRA, the City and the Chamber of Commerce. The event will continue its themes of the fifties style street dance with a kid's zone and live entertainment to be provided by the Blues Brothers Review. The Street dance will be held on. April 3rd from 6pm to 11pm. AG · The Herita.qe Festival: The Herita.qeFest celebration was an overall success. The Caribbean carnival held on Martin Luther .~nq Jr. Bird was successful in that the vendors, includin.q local businesses, did very well. Attendees were pleased with the entertainment and the o=;)ortunity to meet the d~qnitaries that represent not only our city but their homelands. Extremely cool weather had an adverse affect on the attendance, however, the event was free of any negative incidents and the feedback from the residents and businesses was of 4756 appreciation and hope that events will continue in their ne~qhborhood. AG · Genesis Business Program-Staff will have a draft for approval in March. 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 · Direct Incentive Program Amendments for Affordable Space - Staff will present a draft to the CRA Board in March. DH Group C · Children Involvement Grant Program (April). Awards Program - Staff has scheduled meetings to collect existing program materials to use as a starting point for the CRA program. Possible Office Options - Staff is workin.q on estimates for the cost of addin.q walls to separate conference area from open off/ce. Estimate should be in by the second week of March. · Grants Update Grace Fellowship Church, which is 100% completed, Boynton Boundless, LLCt which is 50% completed, Fred and Joe's Automotive, Weiss Memorial Chapelt and St. Mark's Church Will start in the next 30 days. Boyston Delray Academy has reapplied for the Facade Grant, which is in front of the CRA Board this month. SV The Re~. ions Development Grant Round VIII was advertised on January 25th and February 1, 2004. We had 32 ag)g)lications picked up and two a==lications were returned for consideration by the CRA Board. Boynton Delray Academy will create five iobs and Tropical Flavors I! will Create two jobs. Staff will present completed application for approval to the CRA Board at the March 9~ meetinq, SV 4757 ii. i~-'~l'~l~ ii.. i 0 ,,o ~.= E- i~' ,,, u--.~ ii :. : ~ ! '~ ~ : ~ ' I Memo: To: From: Re: Date: CRA Board Douglas Hutchinson, CRA Executive Director Presentation for moving forward with Museum Feasibility February 26, 2004 The CRA reviewed the attached SFWMD comment letter on projects and project concepts which were part of the overall potential vision for the BBB, Promenade and Riverwalk Area. This SFWMD briefing took place during a time when the Hall Property settlement was not finalized. The meeting was at the request of the sFWMD. The SFVVMD Staff had questions about all potential aspects of the area development including the CRA, City and the Related Group's Marina Village. As part of the informational gathering by the SFWMD, the museum concept for the area was questioned. No design, plan, or any documents as to exact location were given. Basic questions were addressed but no detailed response was given concerning any permitting issues. This limited information was based on two perspectives: First, there is no design or footprint and second, we could not speak to development potential or legal proceedings that were pending. Therefore, the SFVVMD's response was a predictable, No. The exact comment was that the first consideration is always to consider a different location when looking at the waterfront. The comment was not responded to by me or the engineers concerning possible mitigating designs, placement, etc. We wanted to make sure that the permits for the "base" project were the focus and not held up in any way. The SFVVMD decisions are based on impacts of the proposed project on protected resources. The extent of the environmental impact issues are yet to be defined due to the fact that the museum size, design, visitation levels, etc. are not completed, These 4760 issues are what the feasibility study will look at. With the current completed detailed environmental surveys and SFWMD direction, we can now work on the exact extent of the impact on time, design and budgets. The scope of work for the Museum Feasibility Study evaluates the site and can recommend other sites. The Feasibility StUdy has many facets of which site location feasibility is one element. Only this study can tell the full story as to this Project's merit and feasibility. I recommend that we proceed with the study as contracted. 4761 Boynton Beach Community Redevelopment Agency Feasibility Assessment Proposal AGREEMENT FOR SERVICES REDEVELOPMENT AGENCY BOYNTON BEACH COMMUNITY THIS IS AN AGREEMENT is 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. · - 4762 The Baker Leisure Group Team Page 1 December 2003 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. 4763 Nothing in this Agreement shall be construed to provide any rights or benefits to anyone The Baker Leisure Group Team December 2003 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: 4?64 a. Comprehensive automobile liability insurance with minimum combined single The Baker Leisure Group Team December 2003 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. Boynton Beach CRA will be listed as additional insured on the Certificate of Insurance. 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 4765 The Baker Leisure Group Team December 2003 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 4766 The Baker Leisure Group Team Page 5 December 2003 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. 4767 The Baker Leisure Group Team Page 6 December 2003 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. 4768 The Baker Leisure Group Team Page 7 December 2003 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. 4769 The Baker Leisure Group Team Page 8 December 2003 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 Boynton Beach Community Redevelopment Agency. · 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. 4770 The Baker Leisure Group Team December 2003 Page 9 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 (SFWMD), 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 will 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). 4771 The Baker Leisure Group Team December 2003 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 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. 4772 The Baker Leisure Group Team December 2003 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. 4773 The Baker Leisure Group Team December 2003 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) Expenses shall not exceed $5,000 (Five 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 4774 The Baker Leisure Group Team 13 December 2003 Memo: To: CRA Board From: Douglas Hutchinson, CRA Executive Director Re: Boynton Beach Boulevard Extension, Promenade and Riverwalk Design and Probable Project Cost Date: March 1, 2004 The CRA Director, Jonathan Ricketts and Dennis Haynes have worked all week to go over the Boynton Beach Boulevard Project which included a major design change for the Promenade construction cross section design that saved about $3,000,000. The resulting project is actually better as it impacts less environmental resources. However, with 100% drawings on the BBB Extension, 30% completed on the Promenade and 30% on the Riverwalk, the cost (excluding additional land costs) is estimated approximately $18,301,970 or roughly twice the initial concepts (this was a preliminary cost estimate performed prior to start of design). The team recommends the project be adjusted by focusing on two elements of the three and to complete them in a manner that they "stand alone" in finish quality. This recommendation includes phasing the Riverwalk construction to a later time. However, the team strongly suggests that the Riverwalk be permitted at this time. The permitting will clear the way for future construction. The Riverwalk would be reviewed in two or three years for potential second level debt funding, grants and underwriting along side the proposed museum. The team recommends that every effort be made to include "Art Items." The Gateway elements are not included in the revised $7,237,366 budget (this includes $1,000,000 for land), however, it is felt that the project has potential funds in contingencies and other miscellaneous items that could cover the 2 sets (BBB and Fed. and BBB Ext. at 4775 Promenade) of Gateway features costing an estimated $295,000 per set. The next major public element to be considered is the public art at either end of the Promenade. The center piece art has a budget of $1,500,000 which we propose as being underwritten from grants and private donations. Other "Public" art would be added as donors are secured and a system for selection and review is created. The Promenade project does feature public restrooms, an information kiosk, EMS equipment storage and a police center (total building size 600 to 800 sq. ft.) at the entry. A "Day Deck" for fishing, boat drop-off and pick-up and water linkage is proposed at the Intracoastal. These are key elements to the function of the project as an area for events, security and public enjoyment. The project cost backup is presented as two columns; one with the entire project and the other with team recommendations. Please note that the CRA has paid approximately $384,000 toward the project to date, therefore, the balance to be spent reflects these draws; i.e. $7,237,366 total cost - $384,000 paid to date = $6,853,366 plus projected additional land cost of $1,000,000 plus construction management of $200,000 for a project total of $8,053,366 for the team's alternative proposal and $18,301,920 total cost - $384,000 paid to date = $17,445,088 plus $1,000,000 for land and $295~000 for construction management for a total cost of $18,740,088. The team does not need exact approvals but a direction to proceed. 4776 From: To: Project: Cap Sheet Updated Through March 1, 2004 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 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 Cap Sheet Of All Costs Engineer: Plans: Kimley - Horn And Associates, Inc. 4431 Embarcadero Drive West Palm Beach, FI. 334070 Sheets 1, 9.1, 9.2, 9.3, 9.4, 9.5, 10.1, 10.2, 11.1, 12.1, 12.2, 12.3, 12.4, 12.5, 13.1, 13.2, 13.3, 13.4, 13.5 Dated 01/08/04 Item Description. Amount Subtotal Team Recommendation J Re-Lax Inn Site Improvements RE-LAX INN SITE IMPROVEMENTS SUBTOTAL $ 104,752.00 $ 104,752.00 $ 104,762.00 Boynton Beach Blvd. Extension Contract Proposal Boynton Beach Blvd. Wetland Mitigation Estlmata Boynton Beach Blvd. Extension Architactural Features (Add Alt.) Boynton Beach Blvd. Undergrounding of FPL Utilities (Add Alt.) BOYNTON BEACH BLVD EXTENSION SUBTOTAL $3,028,076.45 $ 400,000.00 $1,057,000.00 $ 550,000.00 5,035,076.45 $2,988,076.45 $200,000.00 $0.00 $550,000.00 $3,738,076.48 4777 Cap Sheet 1 of 2' Promenade Initial Opinion of Probable Cost Promenade Wetland Mitigation Estimate Promenade Archltecturel Features (Add Alt.) Promenade Undergrounding of FPL Utilities (Add Alt.) PROMENADE SUBTOTAL $1,402,538.35 $ $3,691,000.00 $ 375,000.00 $ 5,468,538.35 $1,402,538.35 $0.00 $1,317,000.00 $375,000.00 $3,094,538.35 Rlverwalk Initial Opinion of Probable Cost Riverwaik Wetland Mitigation Estimate Rivervvalk Architactural Features (Add Alt.) RIVERWALK SUBTOTAL $6,496,603.85 $ 200,000.00 $ 997,000.00 $ 7,693,603.85 $300,000.00 $0.o0 $0.00 $300,000.00 TOTAL OPINION OF PROBABLE COST Currently Approved Contract and Work Authorizations t00% Design/Permitting for Blvd Extension 30% Design/Permitting for Promenade 30% Design/permitting for Riverwalk Re-Lax Inn Site Improvements Paid to Date Grand Total of Remaining Balance to be paid -$856,882.00 -$468,050.00 -$142,040.00 -$142,040.00 -$104,752.00 $$84,796.70 $472,085.30 $ 18,301,970.65 $7,237,366.80 GRAND TOTAL REMAINING FOR APPROVAL $ 17,445,088.65 4778 Cap Sheet 2 of 2 Boynton Beach Blvd Extension Contract Proposal Updated throUgh March 1, 2004 From: Burkhardt Construction, Inc. 1400 Alabama Ave. West Palm Beach, FI. 33401 Att: Dennis E. Haynes Tel: (561) 659-1400 Fa:c (561) 659-1402 To: Boynton Beach Community Redevelopment Agency 639 East Ocean Ave., Suite #107 Boynton Beach, FL. 33435 Att: Douglas Hutchinson, Director Tel: 737 - 3256 Fa~c 737 - 3258 Project: C.R.A. Project # BBB2003-1, Design Build Procurement Boynton Beach Blvd. Extension, Promenade And Riverwalk Phase I Boyonton Beach Bird Extension From Federal Highway To Cul De Sac/Promenade Entry Engineer: K]mley - Horn And Associates, Inc. 4431 Embarcadero Drive West Palm Beach, FI. 334070 Plans: Sheets 1,2.1, 3.1, 4.1, 4.2, 4.3, 5.1, 5.2, 5.3, 6.1, 8.2, 6.3, 6.4, 6.5, 6.6, 7.1, 7.2, 7.3, 7.4, 7.5, 8.1 Dated 02/09/04 Sheets 9.1, 9.2, 10.1, 10.2, 11.1, 11.2, 12.1, 12.2, 12.3, 12.4, 12.5, 12.6, 12.7, 13.1, 13.2, 13.3, 13.4, 14.1, 14.2, 14.3, 15.1, 15.2, 15.3, 18.1, 16.2, 16.3, 17.1, 17.2, 18.1, 18.2, 18.3, 18.4, 18.5, 18.6, 18.7, 18.8 Dated 02/06/04 Geotechnlcal Engineering Services Report ByTiera, Dated Nov. 20, 2003 Item Description Quantity Unit Price Amount Team Recommendation Mobilization/ 1 General Conditions Total Includes All Of The Following; ILS Move-In, Move-Out 1 LS Layout & As-Built Drawings 1 LS Supervision & Project Manager 1 LS Standard Insurance Overhead 1 LS Design/Build Insurance 1 LS Field Office 1 LS Construction Water 1 LS Performance & Payment Bond ILS Testing Costs 1 LS Job Toilet 1 LS Aerial Progress Phtos 1 LS Small Tools 1 LS $ 300,150.00 $300,150.00 $300,150.00 $ 300,150.00 4779 Boynton Beach Blvd Ext Sheet 1 of 5 Maintenance of Traffic 1 Maintenance Of Traffic 1 LS $ 36,120.00 36,120.00 $36,t20.00 36,120.00 10,100.00 $'10,t00.00 10,100.00 136,316.00 $t36,316.00 Clearing and Grubbing Site Clearing Grubbing And Disposal 1 LS $10,100.00 Grading Staked Silt Fence Excavate & Re-use Overburden Excavate Organics & Dispose Roadway Fi)l/Compaction Roadway Grading Excavate/Grade Landscaping Areas Fine Grading/Final Dressing/Cleanup 1 LS $ 4,625.00 4200 CY $ 4.45 53OO CY $ 4.4O 9760 TCY $ 7.35 1 LS $ 5,880.00 1 LS $ 3,340.00 1 LS $ 8,725.00 4,625.00 18,690.00 23,320.00 71,736.00 5,880.00 3,340.00 8,725.00 Store Drainage P-9 Curb Inlet 9 F_A $ 2,300.00 C Catch Basin 3 EA $ 2,220.00 Valley Gutter Inlet 2 EA $ 2,300.00 Manhole 2 EA $ 2,220.00 Core Existing Structure ' 2 F_A $ 1,680.00 New Top On Exist. St.~SD-1, SD-11 2 EA $ 1,200.00 Exist MH Adjustments 13 EA $ 775.00 French Drain 315 LF $ 110.00 15" HDPE 436 LF $ 55.00 $ 110,865.00 $tt0,865.00 $ 20,700.00 $ 6,660.00 $ 4,600.00 $ 4,440.00 $ 3,360.00 $ 2,400.00 $ 10,075.00 $ 34,650.00 $ 23,980.00 Subgrade & Baae & Asphalt 4" Limerock Base 4075 SY $ 8.55 8" Umerock Base 4945 SY $ 11.30 12" Stabilized Subgrade 5530 SY $ 4.75 Asphalt 314 TON $ 70.50 $ 139,124.25 $t39,`124.26 $ 34,841.25 $ 55,878.50 $ 26,267.50 $ 22,137.00 Concrete Work Type "F" Curb & Gutter/Valley Gutter 2224 LF $ 14.00 Type "D" Curb 1620 LF $ 14.00 12" Elliptical Header 578 LF $ 20.00 12" x 6" Footer at Coping 2612 LF $ 20.00 6" Band Curb at Walk 1990 LF . $ 20.00 Handicap Ramps W/Tactile Warning Surfac 1 LS $ 10,500.00 Caulk Joints 1 LS $ 7,600.00 Concrete Pad 280 SF $ 3.50 $ 176,498.00 $176,496.00 31,136.00 22,680.00 11,560.00 52,24O.OO 39,800.00 10,500.00 7,600.00 980.00 Surface Treatment Precast Roadway Pavers 16221 SF $ 6.00 Roadway Paver Modifications (U.S.1) 1 LS $ 70,000.00 Precast Sidewalk Pavers 36851 SF $ 4.85 $ 345,083.35 $345,083.35 $ 97,326.00 $ 70,000.00 $ 177,757.35 4780 Boynton Beach Bird Ext Sheet 2 of 5 Hardscape Tree Plts Cytinddcal Plantar Edging Seat Walls 5' Precast Screen Walls Retaining Wails Handrail 40EA $ 125.00 0 LF $ 226.00 420 LF $ 300.00 240 LF $ 300.00 250 LF $ 160.00 250 LF $ 250.00 305,500.00 $305,$00.00 5,000.00 126,000.00 72,0O0.00 40,000.00 62,500.00 Furnishings Socrates Bench (Incl. Conc. Pad) Socrates Cube Benches (Incl. Conc. Pad) Litter Bin (Includes Conc. Pad) Removeable Bollards Lighted Bolla{ds Modular Bench (Includes Conc. Pad) Persidlo Bench (Incl. Conc. Pad) 7 Ea $ 2,060.00 12 Ea $ 850.00 7 Ea $ 1,435.00 2 Ea $ 1,500.00 get $ 895.00 4 Ea $ 1,735.00 2 Ea $ 3,340.00 $ 59,340.00 $ 69,340.00 $ 14,420.00 $14,420.00 $ 10,200.00 $10,200.00 $ 10,045.00 $10,045.00 $ 3,000.00 $3,000.00 $ 8,055,00 $8,055,00 $ 6,940.00 $6,940.00 $ 6,680.00 $8,680.00 Electrical & Street LlghtJng Street Lighting Pole #1 (25'Ht.) 12 Ea $ 4,550.00 Street Lighting Pole #2 (13' Ht.) 7 Ea $ 4,250.00 Uplightlng 100 Ea $ 800.00 Sculpture Lighting 24 Ea $ 800.00 Vendor Power Outlets 15 Ea $ 850.00 Electrical Service Points 3 Ea $ 13,500.00 Conduit, Wiring, Pull Bo~es 1 LS $121,500.00 Lighted Bolla{ds 5 EA $ 1,500.00 $ 365,800.00 $365,800.00 54,800.00 $54,600,00 29,750.00 $29,750.00 80,000.00 $80,000.00 19,200.00 $19,200.00 12,750.00 $12,750.00 40,500.00 $40,500.00 121,500.00 $121,500.00 7,500.00 $7,500.00 Landscaping Sweet Acacia 4 Ea $ 400.00 Gumbo Limbo Trees 8 Ea $ 750.00 Llgnum Vitae 10 Ea $ 750.00 Jatropha 15 Ea $ 600.00 Wild Tamarind 7 Ea $ 725.00 Live OakTrees 34 Ea $ 550.00 Maghogany 19 Ea $ 600.00 Veltchla Palm Trees 60 Ea $ 350.00 Medjool Date Palm Trees 7 Ea $ 4,500.00 Florida ROyal Palm 19 Ea $ 2,500.00 7-Gal. Plants/Shrubs 52 Ea $ 15.00 3-Gal. Plants/Shrubs 3485 Ea $ 10.50 1-Gal. Plants/Ground Cover/Flowering Plan~ 2000 Ea $ 7.00 Relocate/Transplant Existing Sabals 17 Ea $ 175.00 Sod 5000 SF $ 0.40 Root Barrier 1450 LF $ 11.00 Planting Soil 750 CY $ 30.00 Mulch 100 CY $ 30.O0 Fertilizer 1 LS $ 2,000.00 Tree Bracing ILS $ 5,000.00 $ 264,072.50 $264,072.50 1,600.00 6,000.00 7,500.00 9,000.00 5,075.00 18,700.00 11,400.00 21,000.00 31,500.00 47,500.00 78O.O0 36,592.50. 14,000.00 2,975.00 2,000.00 15,950.00 22,500.00 3,000.00 2,000.00 5,000.00 4781 Boynton Beach BEd Ext Sheet 3 Of 5: Irrigation Piping, Main Lines, Zone Lines & Heads Valves, Controller & Time Clock Electrical Servfce/Connection Water Service/Connection 1 LS 1 LS 1 LS 1 LS $ 17,500.00 $ 6,S00.00 $ 4,OO0.OO $ 2,500.00 $ 30,500.00 $30,500.00 17,500.00 6,500.00 4,000.00 2,500.00 Building Features Trolley Shelters 1 Ea $ 40,000.00 40,000.00 $0.00 40,000.00 $0.00 8,g50.00 $6,g$0,00 3,200.00 3,750.00 10,500.00 $10,800.00 7,500.00 3,000.00 250,000.00 $250,000.00 250,000.00 441,159.36 $441,159.35 441,159.35 Signing & Striping Striping Slgnage Signalization Modifications ~ U.S.# t Mast Arm Poles (Paint E,,dst. Poles) 1 Controller Cabinets 1 Wiring and Electrical Connection Loop Detectors Contingency 10% Of Construction Value Design/Permit Feea Design/Permits ILS ILS 1 LS 0 LS 0 LS 1LS 1 LS 1 LS $ 3,200.00 $ 3,750.00 7,500.00 30,000.00 5,500.00 3,000.00 $250,000.00 $441,159.35 4AL CONSIDERATIONS Wetland Mitigation Wetland Mitigation Estimate Architectural AJtamate Improvements Architectural Entry Feature Landmark Architectural Feature Subtotal Contract Value $3,028,076.45 $2,988,076.45 1 LS $400,000.00 Wetland Mitigation Subtotal 1 F_A $295,000.00 1 EA $762,000.00 $ 400,000.00 $200,000.00 $ 400,000.00 $200,000.00 $1,067,000.00 $0.00 $ 295,000.00 $0.00 $ 762,000.00 $0.00 $ 550,000.00 $550,000.00 $ 550,000.00 Electrical Undergroundlng Altsmate Improvements Undergrounding for FPL Utilities 1 LS $550,000.00 Altamate Improvements Subtotal Total Considerations $1,607.000.00 $550,000.00 $5,035,076.45 $3,738,076.45 4782 Boynton Beach Bird Ext Sheet 4 of 5: Special Provisions Price Is For Extension Of Boy,ton Beach Blvd. From Federal HighwayTo Cul-De-Sac/Entry To Promenade Only. Alternates Include Cost Of Custom Architectural Features Such As; Gateway E. ntry Features, and Landmark Amhitectural Features. Price Does Not Include Costs Associated With City Utility Installations Within The RAN AJtemate Price Includes Relocation Or Undergroundlng 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 Access Road. See Separate Proposal For These Items. All Items Noted "1" In The Left Margin Were Modified As A Result Of Budget Discussions 2/23/04 A~emata improvement totals include Mobilization/General Conditions/Permiting/and Design/Build fees 4783 Boynton Beach Blvd Ext Sheet 5 of 5 Promenade Initial Opinion Of Probable Cost Updated Through March 1, 2004 From: Burkhardt Construction, Inc. 1400 Alabama Ave. #20 West Palm Beach, FI. 33401 Att: Dennis E. Haynes Tel: (561) 659-1400 Fa~c (561) 659-1402 To: Boynton Beach Com m unity Redeve/opment Agency 639 East Ocean Ave., Suite #107 Boynton Beach, FL. 33435 Att: Douglas I-kechinson, Director Tel: 737 - 3256 Fa~ 737 - 3258 Project: C. RJL Project # 8BB201~1, Design Build Procurement Boynton Beach BM. ~n, Promenade And Riverwalk Phase II Promenade Engineer:, Plane: Kimley - Horn And Assoc~es, Inc. 4431 Embarcadero Drive West Palm Beach, FI. 334070 Sheets 1, 9.1, 9.2, 9.3, 9.4, 9.5, 10.1, 10.2, 11.1, 12.1, 12.2, 12.3, 12.4, 12.5, 13.1, 13.2, 13.3, 13.4. 13.5 Dated 01/08/04 Item Description Quantity Unit Price Amount Team Recommendation 150,000.00 $ 150,000.00 Mobilization/' General Conditions 1 Mobilization/General Conditions $ 1 LS $150,000.00 $ 150,000.00 Maintenance of Traffic None Required $ $ - $ ;~5,0~0.00 $ 15,000.00 Clearing and Grubbing Site Cleadng Grubbing And Disposal $ 1 LS $ 15,000.00 ~5,000.oO Grading Roadway Grading Unsuitable Subsoil E~cavation & Removal Roadway Fill/Compaction Excavation For Landscaping Fine Grading Final Dressing/Cleanup t LS $ 32,50~0~ 3000 CY $ r.$0 1 LS $ ~.O00.00 1 LS $ 5,000.00 1 LS $ 3,500.00 I LS $ 7,000.00 120,500.00 $ 120,500.00 32,50~00 22,500.00 50.000.00 5,000.00 3,500.00 7,000.00 4784 Promenade Sheet 1 of 4 Water & Sewer Utilities 1 Water & Sewer Utilities $ 75,000.00 $ 75,000.00 1 LS $ 75,000.00 $ 75,000.00 Subgrade & Base & Asphalt 8" Limerock Base 12" Stabilized Subgrade Geotextlle Concrete Work 12" Header Curb Color Concrete Standard Gray Concrete 6" Band w/Salt Rock Finish 5867 SY $ 11.30 5867 SY $ 4.75 16500 SF $ 0.50 820 LF $ 20.00 380 LF $ 25.00 1200 SF $ 3.50 1320 LF $ 20.00 102,415.35 $ 102,415.35 66,297.10 27,888.25 8,250.00 56,500.00 $ 56,500.00 16,400.00 9,500.00 4,200.00 26,400.00 Surface Treatment Precast Sidewalk Pavers $ 7500 SF $ 6.00$ 45,000.00 $ 45,000.00 45,000.00 Site Retaining Walls 1 Retaining Walls $ 330 LF $ 225.00 $ 74,250.00 $ 74,250.00 74,250.00 Furnishings Socrates Bench Socrates Cube -- Litter Bin 1 Handrail Architectural Features See Separate Cost Proposal 14 Ea $ 2,060.00 2 Ea $ 850.00 3 Ea $ 1,435.00 330 LF $ 250.00 117,345.00 $ 117,345.00 28,840.00 $ 28,840.00 1,700.00 $ 1,700.00 4,305.00 $ 4,305.00 82,500.00 $ 82,500.00 $ $ 182,400.00 $ 182,400.00 Electrical & Street Lighting Street Ughting Pole f~l (25'Hr.) Uplighflng Electrical Service Points Conduit, Wiring, Pulp Boxes $ 6 Ea $ 4,550.00 $ 12 Ea $ 800.00 $ 3 Ea $ 13,500.00 $ ILS $105,000.00 $ 27,300.00 9,600.00 40,500.00 105,000.00 Landscaping 1 Additional Lan(~soaplng Allowance Crepe Myrtle Purple Crinum Lily Indian Hawthorn Sod Root Barrier Planting Soil Mulch Fertilizer $ 1LS $ 65,00o.oo $ 12 Ea $ 30.00 $ 12 Ea $ 30.00 $ 172 Ea $ 12.00 $ 5000 SF $ 0.40 $ 250 LF $ 11.00 $ 30 CY $ 30.00 $ 7 CY $ 30.00 $ 1LS $ 200.00 $ 73,844.00 $ 73,844.00 65,000.00 $ 65,000.00 360.00 $ 360.00 360.00 $ 360.00 2,064.00 $ 2,064.00 2,000.00 $ 2,000.00 2,750.00 $ 2,750.00 900.00 $ 900.00 210.00 $ 210.00 200.00 $ 200.00 4785 Promenade Sheet 2 of 4 Irrigation Piping, Main Lines, Zone Lines & Heads Valves, Controller & Time Clock Electrical Service/Connection Water Service/Connection 5 17,000.00 $ 17,000.00 1 LS $ 7,500.00 5 7,500.00 ILS 5 3,000.00 5 3,000.00 1 LS 5 4,000.00 $ 4,000.00 1 LS $ 2,500.00 $ 2,500.00 Building Features See Separate Cost Proposal 5 5 lB0,000.00 $ lB0,000.00 Contingency I 15% Of Construction Value 5 ILS 5 t60,000.00 $ 160,000.00 Design/Perrnlt Fees Design/Permits ILS $ 213,284.00 213,284.00 5 213,284.00 213,284.00 Subtotal Promenade Wetland Mitigation 1 See Separate Cost Proposal ADDITIONAL CONSIDERATIONS 1 LS $0 Wetland Mitigation Subtotal Architectural Alternate Improvements Multi-Use Restroom/Ticket Booth/E.M.S./Si Storage Bldg. Canopy Shade Structure Day Dock Architectural Entry Feature Landmark Architectural Feature I LS $ 375,000.00 4 LS $173,000.00 1 LS $250,000.00 1EA 5295,000.00 I EA 5762,000.00 5 1,402,538.35 $ 1,402,538.35 $ $ $ $ 5 $ $ 3,691,000.00 $ 1,317,000.00 $ 375,000.00 $ 375,000.00 $ 692,000.00 $ 692,000.00 5 250,000.00 $ 250,000.00 $ 295,000.00 $ $ 762,000.00 $ Electrical Unde~groundlng Alternate Improvements Undergroundlng for FPL Utilities $ ILS $375,000.00 $ AItarnate Improvements Subtotal $ Total Considerations $ 375,000.00 $ 375,000.00 375,000.00 4,066,000.00 $ 1,692,000.00 5,468,538.35 $ 3,094,538.35 Special Provisions Alternate Price Includes Cost Of Custom Architactum[ Features Such As; Gateway Entry Features, Sculptural Art Displays Or Landmark Architectural Features. Altamate Price Includes Relocation Or Undergroundlng 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 Access Road. See Separate Proposal For These Items. All Items Noted "1" In The Left Margin Were Modified As A Result Of Budget Discussions 2/23/04 4786 Promenade Sheet 3 of4 'i- 5 AJternate Improvement totals include Mobilization/General Conditions/Permlting/and Design/Build fees 4787 Promenade Sheet 4 of 4 Riverwalk Initial Opinion Of Probable Cost Updated Through March 1, 2004 From: · Burkhardt Construction, Inc. 1400 Alabama Ave. ¢Y20 West Palm Beach, FI. 33401 Att: Dennis E. Haynes Tel: (561) 659-1400 Fa~c (561) 659-1402 To: Boynton Beach Community Redevelopment Agency 639 East Ocean Ave., Suite #107 Boynton Beach, FL. 33435 Att: Douglas Hutchinson, Director Tel: 737 - 3256 Fa,,c 737 - 3258 Project: C.R.A. Project # BBB2003-1, Design Build Procurement Boynton Beach Blvd. Extension, Promenade And Riverwalk Phase III Riverwalk Engineer: Kimley - Horn And Associates, Inc. 4431 Embarcadero Drive West Palm Beach, Fi. 334070 Plans: Sheets 1, 9.1, 9.2, 9.3, 9.4, 9.5, 10.1, 10.2, 11.1, 12.1, 12.2, 12.3, 12.4, 12.5, 13.1, 13.2, 13.3, 13.4, 13.5 Dated 01/08/04 Item Description Quantity Unit Price Amount Teem Recommendation Mobilization/General Conditions Mobilization/General Conditions $ 650,000.00 $ I LS $ 550,000.00 $ 550,000.00 Maintenance of Traffic None - 52,500.00 Clearing and Grubbing None GradlnglRock Revetment Rock Revetment Final Dressing/Cleanup 1 LS 1 LS $ 150,000.00 $ 2,500.00 $ 150,000.00 · $ 2,500.00 4788 Riverwalk Sheet 1 of 3-. Storm Drainage None $ $ $ $ Subgrade & Base & Asphalt None 0 SY $ $ 5.O0 $ Concrete Work Standary Gray Concrete 12" Color Concrete Header w/Salt Rock Finish 1 Concrete Riverwalk Pier Structure (Built in Conjunction With Balance Of Project) Surface Treatment Precast Sidewalk Pavers 10192 SF $ 3.00 722 LF $ 20.00 1LS $ 3,500,000.00 7365 SF $ 5.50 $ 3,545,0t6.00 $ $ 30,576.00 $ 14,440.00 $ 3,500,000.00 $ 40,507.50 $ $ 40,507.50 Hardscape None 387,025.00 18,655.00 60,120.00 308,250.00 4t1,000.00 Furnishings Litter Bin (Incl. Conc. Pad) Presidio Bench (Incl. Conc. Pad) Handrail (Alt. Design) Architectural Features and Sculpture See Separate Cost Proposal 13 Ea 18 LF 2466 LF 1,435.00 3,34O.OO 125.00 Electrical & Street Lighting Street Lighting Pole #1 (25'Hr.) Architectural features Lighting Vendor Power Outlets Electrical Service Points Conduit, Wiring, Pull Bo~es 14 Ea 2 LS 40 Ea 3Ea 1LS $ 4,750.00 $ 50,000.00 $ 850.00 $ 13,500.00 $ 170,000.00 66,500.00 100,000.00 34,000.00 40,500.00 70,000.00 Landscaping None $ 4789 Riverwalk Sheet 2 of 3 Irrigation None $ . $ $ $ $ $ $ Building Features None Signing & Striping None Contingency I 15% Of Construction Value $ 765,000.00 $ I LS $ 765,000.00 $ 765,000.00 Design/Permit Fees Design/Permits $ 645,555.35 $ 1 LS $ 645,555.35 $ 645,555.35 300,000.00 Wetland Mitigation Wetland Mitigation Estimate Alternate Improvements Canopy Shade Structure Subtotal Rlvsrwalk ADDITIONAL CONSIDERATIONS I LS $ 200,000.00 Wetland Mitigation Total $ 6,496,603.86 $ 200,000.00 200,000.00 200,000.00 997,000.00 1 LS $ 997,000.00 $ 997,000.00 Alternate Improvements Total $ 997,000.00 $ Total Considerations $ 7,693,603.85 $ 300,000.00 300,000.00 Special provisions Price is For Riverwalk Construction Only. Price rePresentative of 30% drawings for Promenade/Rlverwalk. Alternate Price Includes Cost Of Custom Architectural Features Such As; Gateway Entry Features, Sculptural Art Displays Or Landmark ArChitectural Features, Price Does Not Include C.osts Associated With City Utility Installations Within The R/VV Price Does Not Include Temporary Improvements For "Relax-Inn" Site Or Temporary Construction Access Road. See Separate Proposal For These Items, All Items Noted "1" In The Left Margin Were Modified AS A Result Of Budget Discussions 2/23/04 4790 Alternate .Improvement totals Include Mobilization/General Conditions/Permitlng/and Design/Build fees Riverwalk Sheet 3 of 3!~ ~ . Memo: To: From: Re: Date: CRA Board Douglas Hutchinson, CRA Executive Director MLK Purchase Process Update February 26, 2004 Over the past months, questions have arisen as to the process the CRA will be required to use for the approved acquisition of Phase I Properties in the MLK Corridor. HUD and our legal staff will have comments on the .legal impacts; however, my recommendation is to follow the HUD Uniform Relocation Act process. This will add significant cost to the acquisition costs but ensures a fair process to all parties. My strongest argument is that the City and CRA need to follow some guidelines in this area. We are literally buying properties next door or across the street from each other. It is very confusing to citizens if the "City" is buying property under different systems. I strongly believe that a unified purchasing system will both be seen as fair and consistent. 4791 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY MEMORANDUM TO: CC: Larry Finkelstein, Chair Jeanne Heavilin, Vice Chair Henderson Tillman James Barretta Charles Fisher Alexander DeMarco Don Fenton Douglas C. Hutchinson, Executive Director FROM: DATE: RE: Donald J. Doody, Esquire, City Attorney's Office Lindsey Payne, Board Counsel i~ February 25, 2004 Real Property Acquisitions subject to Uniform Relocation Assistance in Real Property Acquisitions for Federal and Federally-Assisted Programs 42 USC 4601, et seq. During a recent telephone conference which included representatives from the City administration and the Community Redevelopment Agency Executive Director, an analysis was requested of the additional requirements of a property acquisition conducted in conformity with the Uniform Relocation Assistance Act for submission to the Board at its next meeting. The following constitutes an outline of the legal requirements that must be adhered to under the Federal Uniform Relocation Assistance. I. APPRAISALS. Prior to negotiations, Section 24.102 of the Act requires that an appraisal be obtained. (An appraisal is unnecessary if the fair market value of the property to be acquired is estimated at $2,500.00 or less.) Section 24.103 sets forth criteria for the appraisals which in the minimum must contain the following items: 4792 a0 bo co The purpose and/or the function of the appraisal, a definition of the estate being appraised, and a statement of the assumptions and limiting conditions affecting the appraisal. An adequate description of the physical characteristics of the property being appraised, a statement of the known and observed encumbrances, if any, tire information, location, zoning, present use, an analysis of highest and best use, and at least a five (5) year sales history of the property. All relevant and reliable approaches to value consistent with commonly accepted professional appraisal practices. A description of comparable sales, including a description of all relevant, physical, legal and economic factors, such as parties to the transaction, source and method of financing, and verification by a party involved in the transaction. A statement of the value of the real property to be acquired and, for partial acqu/sition, a statement of the value of the damages and benefits, if any, to the remaining real property, where appropriate. The effective date of valuation, date of appraisal, signature and certification of the appraiser. ADDITIONAL COMMENTS. In order to perform an appraisal under the Uniform Relocation Assistance Act, the appraiser shall be certified in accordance with Title XI of the Financial Institution Reform, Recovery and Enforcement Act of 1989. The Agency obtaining the appraisal shall have a qualified reviewing appraiser examine all appraisals to insure that they meet applicable appraisal requirements. The reviewing appraiser's certification of the recommended or approved value of the property shall be set forth in a signed statement which identifies the appraisal reports reviewed and explains the basis for such recommendation or approval. Cost Factor: Cost of an additional reviewing appraiser. II. NEGOTIATIONS OF CONTRACT OR OPTION AGREEMENT. Under the Federal Act and prior to the initiation of negotiations, the Agency shall establish an mount which it believes is just compensation for the real property. The amount shall not be less than the approved appraisal of the fair market value of the property, taking into account the value of allowable damages or benefits to any remaining property. Promptly thereafter, the Agency shall make a written offer to the owner to acquire the property for the full amount believed to be just compensation. The Act requires that along with the initial written purchase offer, the owner shall be given a written statement of the basis for the offer of just compensation, which shall include: a. A statement of the amount offered as just compensation; 4793 2 A description, location and identification of the real property and the interest in the real property to be acquired; and An identification of the buildings, structures and other improvements (including removable building equipment and trade fixtures), which are considered to be a part of the real property for which the offer ofjust compensation is made. The Relocation Act requires that the agency shall make reasonable efforts to contact the owner or the owner's representative and discuss its offer to purchase the property, including the basis of the offer of just compensation; and, explain its acquisition policies and procedures, including its payment of incidental expenses in accordance with the Act. Incidental expenses shall include recording fees, transfer taxes, documentary stamps, evidence of title, and boundary surveys. However, the agency is not required to pay costs solely required to perfect the owner's rifle to the real property. Chapter 166 does not require that the municipality pay any of the seller's expenses. Upon receipt of the written purchase offer, the owner is afforded a reasonable oppommity to consider the offer and present material which the owner believes is relevant to determining the value of the property and to suggest modification in the purposed terms and conditions of the purchase. Accordingly, the purchase price for the property may exceed the amount'offered as just compensation when reasonable efforts to negotiate an agreement at that amount have failed and an authorized agency official approves such administrative settlement as being reasonable, prudent and in the public interest. Cost Factor: Significant administrative activity and record keeping. Additional legal over-view to confirm compliance. We estimate an additional ten to fifteen hours of legal time per transaction to monitor "Act" compliance. HI. EXPENSES INCIDENTAL TO TRANSFER OF TITLE. Under the Uniform Relocation Assistance Act, the owner of real property shall be reimbursed for all reasonable expenses necessarily incurred for: Recording fees; Transfer fees; Documentary stamps; Evidence of title; Surveys; and Other similar expenses incidental to conveying the real property. Costs for which an owner is not entitled to reimbursement include penalty costs and other charges for prepayment and any preexisting recorded mortgage entered into in good faith encumbering the real property and the pro rata portion of any prepaid real property taxes which are allocable to the period after which the agency obtains title to the property. Cost Factor: Additional closing costs. 4794 3 IV. Conclusion. In the final analysis the governmental entity that must comply with the "Act" can factor in additional legal costs of approximately 15% - 20% above the costs associated with acquiring a property other than under the "Act". Administrative activity (staff time and record keeping) to assure compliance with the "Act" could drive the overall costs an additional 10%-15% higher. In addition, the cost of the review appraiser would be incurred. DJD:LAP/skg/ja H:\1998\980465X2004 MEMOSLReal Property(2-25).doc 4795 4 Memo: To: From: Re: Date: CRA Board Douglas Hutchinson, CRA Executive Director Cash Flows, Budgets, and Financial Projections for Board Direction March 1, 2004 This memo is a team effort between Staff and RBC Dain Rauscher (formerly Hough Company) to depict potential projects, programs, operations and underwriting funding. This is for direction only. These numbers, projects, etc. will be further developed based on the Board's general direction from this presentation forecast. The Staff has attempted to outline a broad based concept of program and project content. It is Staff's belief that a balanced vision of projects and support programs are critical to sustain re-investment and development in the CRA. It is now time to more cleady assess the CRA's underwriting capacity and establish the true scale of the plan implementation. The forecast recognizes opportunities such as MPO Transit Grants which offer matching funds to develop elements of our TCEA Transportation Program. It addresses police patrols that reinforce safety of people in the CRA area both on the street and in parking lots that have increased usage. These are proposed to be served by the trolley system. The Trolley Program with grant application is slated fOr presentation at the May Board Meeting. The Boynton Beach Boulevard Design/Build Project moves forward with two of the three elements to anchor the waterfront development. The project provides support and ties to the traditional small marina business activity through a drop off and pick up day dock at the end of the Promenade. 4796 The Heart of Boynton Area is slated for $4,000,000 in property acquisition and street improvements to begin substantial redevelopment in the MLK/Seacrest Corridor. This commitment represents an immediate increase in activity to continue the increased developer interest recently seen for this area. The target date for the release of a Redevelopment RFQ is slated for Fall/Winter 2004. This timing will allow the CRA/City to have acquired by contract and/or dosing Phase I properties. The proposed project list addresses'a CBD Public Parking element. The location has been targeted for over 5 years and represents a concerted effort between the City, CRA, Church and other existing property owners to create a downtown parking site at a large savings to the public. This public/private concept is nearing a draft concept stage and will be ready foF CRA action over the next several months. If this site is not secured by the CRA, development may move forward without a public parking anchor at the location of this project (the "Exxon block" of BBB/Federal/4th Ave.). The Museum Feasibility Study has been included to move forward to site permitting or alternative site development as the next phase. This is contingent on a positive study outcome; however, the feasibility study funding is critical to move the project into place for consideration of grants, sponsorship and potential Phase I! debt underwriting. The historic core of Boynton is addressed with a $1,000,000 underwriting of the Old High School Adaptive Re-use. The funds, when combined with the City's existing funding to date and proposed $300,000 for stabilization, will be used as matching funds to secure the remaining restoration funding. This project along with the Children's Museum and the new library expansion creates a cultural core similar to Delray's "Old School" Square. This investment will attract development in the CRA Area through enhanced quality of life and creation of a significant public space. The proposed forecast reflects commitments to the Marina and Arches Projects. Their cost impacts and cash flows are accounted for both in cost and TIF Income. 4796a The income forecasts are very conservative. Appreciation expectations are almost 50% of the County's projections and very limited grant funding is projected. This is significant as the core projects and programs outlined by Staff have tremendous grant underwriting potential. The TIF forecasts for the next three fiscal years reflect only projects completed but not fully on the tax rolls and projects in construction. In fact, no significant projects are forecasted to come on the tax rolls until year 2006/2007. The new project for 2006/2007 is the Marina Project which has already sold out. Staff did not speculate on major capital projects beyond 200612007 due to the fact that many elements are unknown and the CRA will need to evaluate program/project status at that time. Further, it is forecasted that the CRA will not have significant additional debt capacity until 2006/2007 (approximately $6,000,000). Therefore, the first phase of underwriting and project completion needs to be completed and evaluated for a clear vision for second phase debt if chosen. The RBC Dain Rauscher Company will use direction from the CRA to develop debt underwriting options. The CRA has the ability to recover "cash" expenditures pdor to issuing any tax exempt bond by including a "Re-imbursement Resolution" statement in any potential offering, therefore, the CRA has time to develop a complete Project/Program/Finance strategy. In fact, underwriting analysis uses the previous year's tax revenue to establish current debt capacity. Therefore, if we wait until next year's TIF revenues are established in August of this year, our current TIF Income can be used. The CRA had a $1,000,000 jump in TIF between 2002/2003 and 2003/2004. Therefore, an October 1, 2004, underwriting target date in feasible and best for the CRA. The Finance forecast also uses a very conservative coverage ratio of 2.0 times debt load. Other enhancements may further help the CRA underwriting capacity. These concepts will be developed based on Board direction. 4796b Summary I feel the proposed programs and projects represent a diverse investment in the CRA Area which is responsive to citizen and developer needs. All CRA matching Grant Programs, events, Business Development Programs are sustained in the forecast. It balances programs with projects. The proposal puts CRA plans on the ground yet does not leave behind social or citizen issues. Geographic distribution has focus in two "Hubs" that are tied together and then tied to all of Boynton by a proposed trolley system. This comprehensive vision seeks to strengthen all of the CRA incrementally together. No one is left behind. Our comprehensive updated LDR, Master Redevelopment Plan consolidation, Design Guidelines and TCEA give firm directions for developers and piece of mind for citizens. The direction given here will be, to a great extent, the legacy of the CRA. These programs and projects are the visible culmination of some 10 years of study. It will set the foundation for future CRA direction. Once again, Staff is not asking for approvals, but direction for work to be completed on CRA elements. These will be presented in Staffs project updates and further addressed in the 2004/2005 Budget. 4796c Draft PRELIMINARY CAPITAl, FUNDING AND INVESTMENT OPTIONS PREPARED FOR Tl~E BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY MARCH 1, 2004 RB.C Da~n Rauscher 4796d RBC Dain Rauscher Draft As Financial Advisor to the Boynton Beach Community Redevelopment Agenc7 (the "CRA"), RBC Dam Rauscher (" RBC Dam") was asked to review the capital funding and investment options available to the CRA. Specifically, we were asked to review the following areas related to developing the CRA's Capita[ Plan: · Capital Funding Options · Funding capacity for projects utilizing projected cash available and potential debt financings · Debt capacity over the next six years based upon the CRA's current budget · Financing alternatives if debt is considered · Investment Options · Cash management · Short-term investn~%~ts Following is a preliminary discussion of these alternatives util'~ng the information provided to us by the CRA. Depending on the type and size of the projects selected by the CRA, a more detailed analysis and specific recommendations will be provided. CAPITAL FUNDING OPTIONS The CRA's Budget Projections include projections for the current year's budget, FY 2004/2005, and projections fbr the next 5 years, FY 2005/2006 through FY 2008/2009. The CRA's t~x increment projections are smiurexized as follows: CRA BUDGET PROJECTIONS TAX INCREMENT VALUE PROJECTIONS FY NEW' CONSTRUCTION PROJECTS Marano Bay - Southern Builders Sout'~em Builder 92 ( Soffdl Federal Marina Village Arches Coastline Office Building Blue Lagoon Project The Harbors MLK Village Tuscany Kensington Place Villa Del Sol I nd ustriai/Co mine rcia I Misc. Projects TOTAL CONSTRUCTION INCREASE TIF APPRECIATION % PRIOR YEAR'S VALUATION TIF APPRECIATION INCREASE CURRENT TIF INCREMENT NEW PROJECTED INCREMENT TIF INCOME PROJECTIONS City of Boynton Beach Palm Beach County TOTAL GROSS TIF REVENUE NET TIF ~. 05% Current Year 1 Year 5 2005/2004 2004/200§ 2008/2009 Total $ 6,600,000 $ 24,000,000 6,000,000 2,000,000 16,000,000 2,0000.000 1,000,000 2,000,000 2,000,000 3,628,460 2,6000,000 2,000,600 44,$2%460 $ 19,600,000 $ 20,500,000 t 1% 8% 4% 407,644~247 $ 497,313.574 $ 555,698.660 44,840,867 $ $9,785.086 $ 22,227,846 115~738~078 205,407~406 263;792~491 205.407,405 $ 263.792.491 $ 306,520.438 1,575,243 $ 2,004,823 $ 2.329.665 924,333 $ 1,187,066 $ 1.379,342 2.499.576 $ 3,191,889 $ 3.708.897 2,374,597 $ 3,032.295 $ 3,523,452 4796e Year 2 Year 3 Year 4 2006/2006 2008/2007 200712008 $ $ $ $ 6,600,000 2,500,000 10,000,000 12,500,000 i0,000,0OO 05,000,O00 75,000,000 10,000,000 10,000,000 2,500,000 7.500.000 10,000,000 10.000.000 65,000,000 75,000,000 12,000.000 12,000,000 5,000,000 5,000.600 10,000,000 30,600.000 2,000,000 18,000,000 2,000,000 2,000,000 1,O00,OOO lO,O00,OOO , 2,000.000 2,000.000 2,000,000 13,828,460 $ 24,000,000 $ 86,500,000 $ 90,560,000 $ 284,928,460 4% 4% 4% 6% $ 598.426.607 $ 646.363,671$ 758.718,218 $ 23,931,064 $ 25,854,547 $ 30,346.729 $ 196,994,239 306~520;438 354.457.502 4661612;049 ,~ 11517381078 $ 354,457,502 $ 466,812,049 $ 587.630. T'I7 $ 587,660.777 $ 2.693,877 $ 3,647.772 $ 4,466,222 $ 16,617,492 $ t~595~059$ 2~100~654$ 2,644,473..$ 9~830~928 $ 4.288,936$ 5,648,426$ 7.110,695$ 26,448.419 $ 4,074,489$ 5,386,004$ 6,755,161$ 25,125,998 RBC Dain Rauscher The CRA's historical tax increment revenue gro~vth is summarized in the following table: Boynton Beach CRA Assessed Value Final Base Year Statutory Taxable Taxable Reduction l~4111a~oe Rates Available Year Valuation Vahmtion Increment Factor (.953 County C~tw Increment % Change 1989/90 $ 39,466,737 $ 25,024,468 $ 14,442,269 $ 13,720,156 13.3770 183,535 * 1990/91 74,997,745 59,767,752 15,229,993 14,468,493 13.7957 199,603 * 9% 1991/92 77,257,229 59,767,752 17,489,477 16,615,003 12.3051 204,449 * 2% 199~93 73,396,553 59,767,752 13,628,801 12,947,361 4.3178 7.9518 158,859 -22% 1993/94 70,614,592 59,767,752 10,846,840 10,304,498 4.3278 7.9518 126,535 -20% 1994/95 71,929,663 59,767,752 12,161,911 11,553,815 4.2931 7.9251 141,167 12% 1995/96 73,498,930 59,767,752 13,731,178 13,044,619. 4.2177 7.9251 158,398 12% 1996/97 74,712,938 59,767,752 14,945,186 14, I97,927 4.2358 7.9251 172,660 1997/98 75,719,530 59,767,752 15,951,778 15,154,189 4.6000 7.9251 189,808 10% 1998/99 78,410,383 59,767,752 18,642,631 17,710,499 4.6000 7.8160 219,894 16% 1999/00 81,928,346 59,767,752 22,160,594 21,052,564 4.6000 7.8160 261,389 19% 2000/01 317,835,353 291,906,169 25,929,184 24,632,725 4.6000 7.8160 305,840 17% 2001/02 372,405,731 291,906,169 80,499,562 76,474,584 4.5500 7.8160 945,685 209?4 2002/03 407,644,247 291,906,169 115,738,078 109,951,174 4.5000 7.6000 1,330,409 41% 2003/04 511,268,089 291,906,169 219,361,920 208,393,824 4.5000 7.5000 2,500,726 ** 88% Average % Change 29% * Combined millages of several agencies before detonnined to bo exempt (Children's Services, Heallh Care) ** Preliminary Evaluations The projections for future tax increment growth appear to be consen~ve given the CRA's rec~ histoo'. However, in FYE 1992, the CRA experienced only 2% growth and in FYEs 1993 and 1994, the CRA experienced significant losses in increment revenues of -22% and -20% respectively. Due to the inherent economic vulnerability of tax increment revenues, the CRA must be extremely cautious in begirmmg the construction of capital projects which require future growth for funding. Any such projects should be planned in phases so that if growth does not occur or is delayed, the current phase of the project has sufficient funds to complete construction and stand on its own. Utilizing the Budget Projections provided by the CRA, RBC Dam reviewed the following potential funding scenarios for CRA capital projects: 1. Cash Only 2. Cash and Debt Financing in FY 2004/2005 3. Cash and Debt Financing in FY 2004/2005 and FY 2006/2007 Cash Only RBC Dam recomniends ttmt the CRA establi.qh a target fund balance policy to maintain a fund balance of at least 20% ofthe prior years' tax increment revenues. This is a conservative target fund balance, as most governments target a fund balance of 10% of the prior 5ear's revenues. Based upon the revenue, expense and other assumptions in the CRA's Budget Projections, funding all of the $16,302,408 in projects in cash alone results in significant annual deficits be~nning in FY 2004/2005. This scenario is illmmated on the folloxndng page. 4796f RBC Dain Rauscher co- 4796g Draft Based on current assmnptions, the CRA ~vould be able to fund approximately $15,200,000 m projects ff it wished to fund such projects from cash only, and such funding would need to occur more evenly over the 6-year period under consideration. This would clearly require the CRA to reduce or eliminate portions of projects m the Budget Projection. Cash and Debt in FY 2004/2005 Due to the current ~emely Iow interest rate environment, man3, govetmctents are preserving portions of their cash for furore financial flexibilit3, and borrowing at current low yields for capital projects. The Bond Buyer Revenue Bond Index, which is composed of bonds rated "Al"with a 30-year maturity, is currently at 5.0% and has averaged 6.8% over the past 20 years. In addition to current low yields, longer-mm financing for capital projects more equitably spreads the cost of improvements with longer average lives over the future taxpayers who x~411 be enjo34ng the benefits of such projects. Following is a chart which illuminates interest rate trends over the past 20 years. Historical Long-Term Interest Rates 14.0 1 12.0 10.0 ~~ 6.0 4.0 t 2.0 0.0 ! ..... · . Bond Buyer Revenue Bond Index Bond Buyer Rev Index Average (6.8%) Based on thc FY 2003/2004 TIF revenues of approximately $2.4 million, thc CRA could obtain approximately $9,250,000 in proceeds for projects fi.om a debt issue in FY 2004/2005. This debt issue assumes a 22-year amortization at a 6.00% interest rate with a 2.00x coverage rcquircmem of revenues over debt scr,icc. Current tax-exempt )4elds for 20-year "AAA"-rated seoififies are currently much lower than our interest rate assumptio~ at only approximately 3.8%. However, due to the preliminary nature of this anal>~is, it was assumed that the CRA would issue non-rated debt. Credit enhancement may be available for the CRA, which could si~tmifieantly Iower its cost of borrowing. Based on thc current projects in thc Budget, a debt issue which produces $9,250,000 in proceeds m FY 2004/2005 fully funds the CRA's projects and allows the CRA to maintain a target fund balance in excess of 20% of thc prior ),car's tax increment rcvcuucs. This scenario is summarized on thc following page. 4796h 4796i graft Cash and Debt in FY 2004/2005 and FY 2006/2007 Based on the projections, by FY 2006/2007 the CRA could have additional debt capacit), to produce approximately $6 million in proceeds for projects due to growth in TIF revenues. This debt issue assumes a 25- ~vear amortization at a 6.50% imerest rate with 2.00x revenue coverage of debt service. We utili?ed a higher interest rate on this financing as it is further in the future and poses more uncertainty, in terms of interest rotes at the time of the financing. An additional debt issue in FY 2006/2007 would allow the CRA to add capital projects in 2007 through 2009 fzom the additional proceeds. This scenario is summarized on the following page. Financing Alternatives If the CRA determines that it would like to incur debt to fund projects, there are several financing options that we will analyze for the CRA. These include: · Bank loang * Bond issues through private placement or pubhc offering Typically, bank loans arc morc cconomical for financings under $3 million and bond issucs arc mom economical for financings in excess of $3 milh'on. However, if the CRA must issue non-rated debt, we would evaluate both options rclgardlcss of sizc to dctcxmine thc most cost-cffcctivc and flcxiblc structure for thc CRA. A bank or private investor with a local presence may have more understanding of the CRA's characteristics, which may be reflected in the terms ava. liable to the CRA. The credit enhancemem that may be available to the CRA will dramatically affect the type and cost of the financing alternatives available. We look forward to discussing these alternatives with the CRA in greater detail as we develop a Capital Plan. 4796j ~--~-- 4796k Draft INVESTMENT OPTIONS RBC Dam recommends that the CRA adopt an investment policy to provide guidance and permitted investments for its available funds. All public entities in the State of Florida are required to follow the State of Florida's guidelines for permitted invesmtems unless such entity adopts its own fontal policy. The Govemmeaxt Finance Officer's Association (GFOA) recommends that all governmental entities adopt their own investmem policy to enhance the entity's awareness of its invested funds and to customize the policy for the entit?"s needs and characteristics. Attached is an article from the Governmental Finance Review, which is a GFOA publication, on investment policies and the GFOA's sample inv~ policy. We would be pleased to assist the CRA in creating an investment policy. Once a Capital Plan is developed, RBC Dam will work with the CRA to determine the suitable mix of cash and short-term investments depending on the cash requirements and timing of the project needs. Cash Management RBC Dam reconanends that the CRA consider immediately depositing its liquid funds in the State Board of Administration's Local Government Pooled Fund to increase its current interest earnings on cash. The SBA's yield for the month of January, 2004 xms 1.24%. The CRA's cunvnt Business Money Market account only )4elded 1.00% for that same time period. Following is a comparison of the CRA's recent yields versus the SBA yiclds. CRA's Current Business Money Market Yields vs. SBA Month of January, 2004 CRA Business Amount of Money Increased Market SBA Yield 1.00% 1.24% 0.24% 12 Months Average Ending January, 2004 1.17% 1.39% 0.22% The SBA is a state agcacy which manages appmximalcly $18.1 billion in Florida governmental funds in thc pool, xdth approximately 800 local government participants. The objectives of the Local Govemment Pooled Fund, as statcd by thc SBA, are as follows: · Provide a short-term, very. liquid, high quality investment vehicle to participating local govemments · Purchase securities consistent with the Florida Statutes (Ch. 215.47) · Operate the pool as a money market-like fund using the SEC revetment requirements for 2a-7 Money Market Funds as guidance · Follow all accounting and reporting requirements of Governmental Accounting Standards Board (GASB) Statement No. 31 · Provide liquidity to the participants on a daily basis ° Add mcremea~lal income by participath~g in securities lending progrmn 47961 1)raft The following charts provide additional information about the SBA pool's asset allocation and performance compared to its bertchmaxk: 55% Local Government Pool Asset Allocation As of December 31, 2003 8% · US Treasuries · Agencies 27% · Comm. Paper [] FRN's Local Government Pool Returns 10.0% · Managed R,Bturn 8.0~/o $ ~) ~r~ Benchmark Return 2.0% ,~ o. 0.0°/o Dec-99 Dec-00 Dec-01 Dec-02 Dec-03 12 Honths Ending Short-Term Investments There are several oppommities for the CRA to increase its investment earnings by investing in permitted investments fbr longer-term periods, tbr example with a duration of 1-2 years. A short-tenu portfolio ibr the CRA could include investments such as: · Laddered Treasury or Agency bonds · Invesmaent Agreements such as Repurchase Agreements and Guaranteed Investment Contracts Such investments would enable the CRA to lengthen its mt3.-'- for tids which are not currently reqmred for capital projects and increase its earnings. Laddered short-term investments help the CRA attain a market rate of 4796m r~tum throughout all economic cycles, as securities would be immm~ on a ~ basis. In~an~ agre~nents allow the CRA to lock in longer-term returns while allowin~ for penuitted construction draws without penalties. Once the CRA's projects are determined, we v, ill discuss specific investment structures to increase its retrain while m_ajntaining constlllction draw flexibility. CONCLUSION There are numerous capital funding and investment options available to the CRA to assist in accomplishing its economic development goals. With direction from the CRA on the level and timing of its desired projects, RBC Dam will work the CRA to develop a Capital Plan to most cost-effectively fund these projects. We look forward to incorporating suitable investment .types and maturities to create a complete Capital Plan for the CRA. 4796n VIII. Old Business 4797 Any person who decides to appeal any decision of the Community Redevelopment Advisory 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 city shall furnish appropriate auxiliary aids and services where necessary to afford an individual with'a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four .hours prior to the program or activity in order for the City to reasonably accommodate your request. Memo To: From: Date: Re: CRA Board Susan Vielhauer February 24, 2004 Consideration of Facade Grant for Delray Boynton Academy (Tabled). Delray Boynton Academy, located at Martin Luther King and Railroad Boynton Beach, FI., has resubmitted an application for the Facade Grant Program for consideration. The applicant is requesting $15,000.00. The property owners received three bids for the proposed building and landscaping. In addition, they have been working on improvements to the building, wi~ich were proposed by the CRA Board. The CRA Board has been given new renderings of the roof and improvements. Their resubmitted application is complete and qualifies for program consideration by the CRA Board. Staff is recommending the approval of Delray Boynton Academy Facade Grant for $15,000.00. The Budget line item Facade Grants has funds to accommodate the grant request. 4798 APPLICATION 4799 .~. 200~J2003 FACADE IMPROVEMENTS GRANT PROGRAM APPLICATION FORM Boynton Beach Communi~y Redevelopment Agency Maximum Grant Amount is $15,000.00 (Please Print Or Type Only - U~ AclClitiorlal Sheets If Name of Prol~erty Owner: /~ddress of Property Owne~. Phone ~ Day: ~.~/_. 7 ~C: ~ ~'& X' Evening: APPLICANT INFROMATION Zip Code: Legal owners and legal description of tl~e. property to be improved (please et~ach copy of warranty deed and lease, If applicable): If Different from Property Owner Name of Business: _ . ~-~/vi ~-_ Address of Business: ~-~. ~_~ .,~. ', ~"~4 C' ~:_(,,_' _~' ? _ Years of Opera~on: .~ ~ y~2~. Number of EmpJoye~: -. ~ Annual Number of Employees residing in Boynton Beach: 2. 4800 Boynton Beach COmmunit~ Redevelopment Age~y Fa~de Grant Program Application accounting including invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked "paid" with a "release of lien' signed by each. Proposals for "work to b~ completed" or "bids" are not considered proper documentation. Each item will be supported by a canceled ~;h~=~7,k showing the face of the check, es well aa the back of the canceled check, (2)the .Applicant shall warrant that all bills related to tho Project are paid in full including, but not limited to, 'all contractors, subcontracts, labor, materials, related fees and permits, and (3) the Application for re-lmbursement shall provide a minimum of four 3"x5" color "during" photos and a minimum of four 3"x5" color "after" photos of the Project. Photos should be from approximately the same position as the "before" photos submitted in the Application and the Ududng" ph~os. The Reimburaern~ut Request from the Applicant shell be submitted no later than the 15~h of the monlfl for consideration by the CRA Board at its next month'~ meeting. Reimbursement ~hall be Issued ten (10) days after approval. 4. Grant funds will be reimbursed exclusively for eligible work and approved change-orders that have been approved by the CRA. o Witness Grantees shell grant the (.:HA and/or the City of Bo~ n Beach the righ[s a~3d use of photos and project application (Date) -'"q3-'~perty OWner (DeLVe) Witness (Date) Tenant/Business Owner (Date) CRA Director (Date) 4801 Boyrtton Beach Community RedevelOpment Agency Faerie Grant Program Agreement  2002/2003 i FA(~ADE IMPROVEMENTS GRANT PROGRAM PROG RAM AGREEMENT Boynt~n Beach Community Redevelopment Agency PROGRAM Ri=GULATION$ 1, The Applicant ;Or-as not to alter, renovate, or demolish the new face]de for three years, commencing at the tim-e-final inspection by the CRA is completed. If violated by the applicant, the CRA may choose to require grant fund repayment, enforced by property lien.. 2. -l-rte CP-.A will consider upproval of grants for exterior improvcmonts to a building which does not face a recognized street. The extedor rear of a building facing an alley woy will also be considered. A minimum of throe (3) inspections by the' CRA are required. Those minimum CRA inspections are (1) before starting work, (2) during work and (3) final inspection. More inspections may be required by the CRA. It is the sole responsibility of the Applicant to scl~edule inspections wl~ the CRA and City. These inspections in no way are substitutes for required City inspections and coml311ances. The property owner, or tenant if appli~'.~bl~, must complete the fagade improvement project within six (6) months of the grant award unless the project is approved as a phased project in which case the project must be completed within six (6) months of the commencement of the final phase. Failure to complete the facade improvements in a timely manner will result in the property owner, or tenant tf applicable, losing the grant reimbursement opportunity. The Board may consider t me extensions. REIMBURSEMENT REGULATIONS This program is designed as a reim ,b, qmement grant. That is, all work must be done and paid for by the Applicant, pdor to the CRA's funds being released. The CRA will provide reimbursement to the grantee upon subtotal of a comptete Reimbursement Request and approval of completion by the CRA Boards Reimbursement Request shall be summarized In a report and accompanied by l~roper documentation. Proper documentation will consist of (1) Project 4802 Boynton Beae[3 Community Reclevelopment Agency Fagade Grant Pcogram Agreement PROGRAM GUIDELINES The following gulc~ellnes are intended to inform a potential grant applicant of the extent and scope of the program. The purpose of the program is to encourage commercla! property ow~em to upgrade their properties by improving the external appearance of their business and to encourage businesses to invest in their operations. The result will halt deterioration, stabilize property values, improve and upgrade appearance of the area, and facilitate and encourage redevelopment activity i~ the target area, The following guidelines are applicable to this program: The program Is available only for property, located within the Community Revitalization Areas. of the Boyr~ten Beach Community Redevelopment Agency (CRA). Note: See ~attached Fagade Grant-Area Map. The progr~rn iS for commercial properties and businesses. The property owner must be the applicant. However, If the pJ'operty is ourrenfly leased to a tenant, then the Application and Agreement must be jointly executed by both the owner and the tenant, 3. Eligible exteria~ improvement~ for this program include: Painting. Shutters. Signage (Iocate~! on the building or the property). Awnings/canopies. Doom/windows. Landscaping around the building. Irrigation. Parking lot re-paving, re-sealing, re-striping. Exterior Lighting. Patio or decks connected to the building. Exterior wail repairs (e.g. stucco, brick or wood repairs and rep{acement). ADA Improvements. Ail work ~ be in .compliance with applicable Boynton Beach Building Codes and ail contractors. ~ be licensed in Boynton BeaclYPalm Beech County. if the Applicant(s), installs enhanced landscaping and or slgnage it must be in accordance with City Ordinance'No. 98-43. Maximum Grant amounts: The CRA will provide, _~n_e mJ_mbur~_e_merrt .~.a~, a dol{ar for dollar matching grant for eligible fagade improvements up to a total of fifteen thousand dollam ($15,000.00) of CPA f~Jnds. '6. The Fa(~ade Grant program will honor expenditures completed up to 9{3 days prior to application, improvements underway and proposed 4803 Laoynt(3n Eteach Cor~munity ~,e¢levelopm~ ~,gency Facade Grant Program ~ improvements. The Fagacle O,ant program may only he used one time in any three year pedod for any one property. Properties may re-apply for additional grants any time after three (3) years from previous grant approval. Project 'phasing of up to two years can be requested. Property owners may receive grants for multiple property to(~ations. Applicants shall be limited to one grant per CRA budget year (October 1"t to September 30~h). 4804 Boynb3n Beach Community I~edevelop~n~nt Ageney Facade Grant Program APPLICATION PROCESS An applicant seeking a project grant may secure an application from the Boynten Beach Community Redevelopment Agency (CRA) located at 639 E. Ocean Ave., Suite 107, Boynton Beach. 561-737-,3256 An original application and eight (8) copies oI all materials an~ to be returned {o the Boynton Beach CommUnity Redevelopment Agency for'review and approval by the CRA Board. Applications will be considerod on a first-come, first served basis. Applicants. must take the necessary steps to insure that their submitted application is properly time stamp.e.~to document receipt by the CRA. Upon approval, app~'Ol3Hate grant program documents will be .prepared in the CRA Attorney's office and the applicant will be notified of approval by [~tum mail. The CRA will administer the commercial exterior' facade program. In addition to the al~loropdate City inspections, the CRA will inspect the work to determine satisfactory completion of me work. Applmant$ may not have any outstanding City of Boynton Beach liens against their property. In the event that an Applicant has an outstanding City of Boynton Beaoh lien against the property, the grant will not be awarded until the complete satisfaction of ~he lien. Applicant shall obtain, read and undemtand all aspects of the Fa~.ade Grant Program Agreement, including Program and Reimbursement Regulations. Application to this Program is no guarantee of funding. Funding is at the sole discretion o1' the Ct'U~, I~eard. 4805 Bo~ynton Beach ComMunity Redevelopment Agency Far~te ~3ran! Program PROJECT INFORMATION Describe improvements to be done to tho property. At[ach the following Items: Project work write-up(s) describing in detail the scope of'the project, Plans or sketches if applicable, Site plan andplant list for landscape projects, Third-party cost estimates from three (3:~' licensed uontractom, Estimated time line, Evidence of financial ability_to pay for the project (approved Loan, cs.~h account, line of credit, etc.), A minimum of four (4) 3' x 5" color ~before" photos of the project which must include 'public views', $1gnage design with oolors & material.~ proposed if applicable, Project color chips / material samples if applicable, And material epeclf~=ations. Applicable documents must be attached for the Application to be processed. By signing this Appilcailon, I acknowledge that I have rec~ived~d.,~10d read a copy of the and Program Agreement, and I undel~tand ~~ (P~erty owner'~ signature must be notalYzed) Witness (:Date) Tenant/Business Owner (Date) CRA Director 4806 (Date) Boynton Beach Community Redevelopment/~gency Facade Grant Program STATE OF FLORIDA, COUNTY OF PALM BEACH BEFORE ME[, an officer duly authorfzed by law to administer oaths an(I take acknowledgements, produce~ . as identification, and acknowledged he/she executed the ~regoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I haV~ e~t my hand and nfficial seal in the State and NOTARY PUBLIC ~ ,_"~b'~-'L4j'''''''~ My Commi$~ion Expire.; ___iD_ ! ~ q .I 0 ~ 4807 Boynton Beach Commu.nity.Redevelopment Agency Fac~ade Grant Program WARRANTY DEED AND LEGAL DESCRIPTION 4808 3~0'f~ei BO' ~:-.-5.~i: .~.' ' · ..;~ .... ~ - .' ............ South lo FOot', the Office 0f the'Clerk page 8z~, public FEC' page:84,' PAE~ st for a: AND LESS AND EXcEIST: Parcel "C", a portion "of the. East 300 feet of BlOCk "B" less the right-of-way of the FEC RailWay, MEEKs AND ANDRES ADDITION TO BOYNTON, as recorded in Plat Book 5, Page 84, PALM BEACH COUNTY, FLORIDA. More particularly described as follows: commencing at the Northwest corner of the East'3~)0 feet of Block "B"; thence with a bearing ors d degree 37' 00" E for a distance of 73.20 feet to the point of beginning; thence East for a distance of 122.90 feet to a point; thence S 3 degrees 09' 23" W for a d/stance of 76.89 feet to a point; thence West for a distance of 116.5 feet to a Point; thence N 1 degree 37' 00" W for a distance of 76.80 feet more or less to the Point of Beginning. 4809 9401011 SAM PC DOCS~ 425109 cc.._ 7 PROJECT WORK WRITE UP 4810 Deiray-Boynton Academy Project Description Delray-Boynton Academy is in the process of seeking approval for building a school on the southeast corner of Martin Luther King Blvd.'and Railroad. We are '-'seekin~ a granL Lo-ma~h our efforts toward crea~ing our str'~ur¢ in--c-ompliance with Boynton Beach's Community Redevelopment Agency. One of our aims is to form a bond with the Boynton Beach communiLy by emphasizing its strength, as our at-risk sbJdents are in great nccd of struct~Jre and a sense of familY. We feel that ~he best method of ag._hieving_ this is by aligning ourselves with the COmmunity Redevelopment Agency and building a SChool that meets if not exceeds the expectations of the City of Boynton Beach. It is our experience that when people are proud of their community, they become the pride of their community. By participating in the Facjade Improvements (];rants Program, Boynton-Delray Academy is not only helping its students and their families feel proud of their surroundings, but helping unite the community as a whole. It was the suggestion of a CRA board member, knowing the additional expense of renovating-our site plans that we apply for this grant in order to enhance the exterior of our building. Boynton-Delray Academy is the eastern gateway into the Heart of Boynton Beach and the CRA felt that such a project could be approved if we augment the structure that will represent the pillar of the eastern entrance into the Heart of Boynton Beach Project. 4811 PLANS AND / OR SKETCHES 4812 THREE WRITTEN ESTIMATES 4813 SCOTSMAN Modular Buildings And More. WILLIAMS SCOTSM.~ South Florida Modular Building l 4460 Camino Real Way, Ft. Myers, Fl 941-2; FAX 941-92 March 28, 2003 Joe Green Delray Beach Academy ........... 900 N. Seacrest Blvd. Boynton Beach, FL 33435 Dear Joe Green: .. Thank you for the opportunity to speak wi.th you fl~e other day. Enclosed is general information for your review. Williams Scotsman is a national leader in modular structures for educational use. With today's technology and construction techniques, modular buildings meet all current commercial building codes and are a permanent, safe, reliable and efficient alternative to site built construction. The-Williams Scotsman Modular Building Division has the resources to handle any scope of work you des/re. We are State licensed Certified Building Contractors offering "turn key" services. We also have available in-house project management-and a branch office nearby with staffed service vehicles. In addition, you can rest assured that your project is secure with the backing of the Nation's leader in modular structures. · By utilizing our unique method of Concurrent Construction, we trim precious months from a conventional construction schedule. Site preparation and utilities and foundation installation occur while your structure is being manufactured in a controlled factory environment. From manufacturing to set up and site work, Williams Scotsman retains only the industry's top employees and sub contractors. I personally have been in the business over seventeen years and would welcome the opportunity tO be part of the successful completion of your building project. For more information on our group, please visit the web site, www.willscot, com and click on Modular Building Division. Sincerely, Rodney Green Account Manager South Florida Modular Building D!vision RG/SFA 48i4 Delray Boynto.n..A._c~__~e_m_y Budgetary Price Listing 6/24/05 Modular CLassroom Building 112x64' Site Engine, erLng TBD Em-thwm'k TBD GC Fez to Pull Permit & general 'C°nditions 5,900 Proje~ Mana~em~//t-& coordination 6,300 ~dul~ B~d~gs 268,800 F~ight To Site 8,000 Bufi~g ~Ml~fion & fo~tion ~,0~ S~g 3,500 Pl~b~g Co~emiom & ~ns ~D D~ ~ pho~ Con.ions ~d ~ns ~D ~dew~ TBD ~d~p~g ~ ~tion TBD C~opi~ ~D F~ Prot~o~ ~D ~ Sysren~ ~D Site related work stroh'es excavating, wats management, pm'king, p~ving etc. c~n only be determined after site engineering is completed 8nd approved by the authority having juri~dict, iork WiJli~wns Scots, m~n and owner. Permit and impaq fees are not included in tho above prieiag and shall be paid by the .owner ~'ectly to the authohty having jurisdiction. Applicable t~xes m'e not included Included in genera/conditions are necessary temporary portable toilets, dump~ters ~.nd clea~.ng for W/S scope ofworkonly.. 4815 P~GE 4816 1911 N,W. l~ch Street Pompano Be~ch, PI, 33069 '.iA,anccd M,x~.~h: Strut:urns Inc. Exhi'.~ it A ' P~oae: Pax: 95~-960-0747 EC,%001954 Dekay-Boynton Academy Mr. foe Green 900 N. seaCrest Boulevard Boynton Beach, FL 33435 August 15, 2003, rev. August 21, 2003, rev. September 2, 2003 Dear Mr. Green: Advanced Modular Structures, Inc. (AMS) is .;,h,.a~sed to pr ~sen't ti-tis proposal to supply our services to construct your school. General Building Des¢'ript [on Size: 120' x72' Type: Type VI' construction Roof: Urethane foam over plywood Bailding Code: '$BC 110 Iv[PH whad load (to be r:'~-certified by DCA to new requirements) The Building shall consist of: Perimeter frame, 2"x8" steel jo[st, double lay,'.:r ~" plywood deck New level loop commercial carpet '!hroughoul except ceramic tile in baths 2"x4" @ 16" on c~nter T 1- 11 siding R-1 t insulation New vinyl covered gypsum inmrior Wood interior dog_j's with wood frames to ~nee:: required fire ratings Lever, locking ha.fdware and closers where appropriate see attached floor plm-~ Ceiling: Cabinets: Fire Alarm: New Pope.om finish over drywai, l in rated areas New T-~id in other areas rlort~ Monitored fire ~arm system per NFPA ~qufl'ements. Visit us at www.ad'/ancedmoduh~.com 48 7 q,qqq },q. ~-y'~u-,' ~003 ~':~-4PPI Fl~va-n-e~-'d' Mod~]~r~ 'St~'umtur- Electric: Piumbing: 3 phase, 600 amp service 12) 100 amp interior sub-panels Outlek~ @ 10'-12; on center Fluorescent lights through out, new lamps, (surface mount in rated areas, recessed in others) All wiring .per NEC Site lighting wi concrete poles hac.luded ---Emergency Iights and.exit signs per code Builder gr,.de fixtures Plastic laminate partitions Fixtures quentities per code requirements HVAC: Carrier roof top AC's, quantity 8 Fiberglass duct work, adjustable diffusers Exterior walls: New Hardi Panel (concr~ board) siding w/stucco finish l"x4" Hardi trim '(conCrete bom'd) R-11 insulation with vapor barrier New Egress windows, qumxtity up to 20 (shutters not included) Roof: Steel clear span c°nstruction Urethane foam over galwnlzed Plywood deck R-14 insulation with vapor barrier Three year warranty on roof ~The roof warranty is renewable.) Site work: All necessary surveying Clear and grub Up to 1433 yards of t'~ll Water service with hydrant if required Site drainage to retention area P~.ving per site plan with 12" stabilized sub-base, 6" DOT lime rock and 1" asphalt 2) FDOT ramps at drive Striping and signage as required on sim only (painted stripes), offsite signs not included Landscaping per code Irrigation system and well Concrete HC ramps and steps w/steel fa/Is Up to 576 SF c~ 4".sidewalk 429' of perimeter Sidewalk v, ith curb and gutter Up to 500 SF of 6" thick sidewalk Site lighting w/concrete poles included 3 phase, 600.amp service Fence around play ground area w/6' gate' Skirting w/.venfilation Back f'flI building perimeter Dumpster pad w/enclosure 48'18 Visit us at w ..vw.advancedmodular.com Clarffieatiaas: , Sales mx is not i~cluded in price and wi.Ill be added to price, if e×empdon i~; not provided. · Any extras to the building will b~:'lJi]~.e..d at. cost plus a 1 $% g~oss margin. , Aa? extras to the site work will be b: [led at exact cost with na mark up. · Advanced Modular is not responsible ~or unforeseen ccnditions such as muck or debris buried underground ........ ~--_. · Any item not specifically' ~;tc.d in tk2:: p~?e~aLis not included. Below is a partial list of items excluded from this quotation. Permit fees or governmental fees are cappec[ ~t $12,0(10 Soft borings and .reports .uelephone work of any k.i.nd rmture and fixtures uraess spec-ifically lisu;d-in que~ion Fire extinguishers AC testing and balancing Burglar 'alarm Security or security fence during cormtruction Renderings or elevations Chalk board, tack boaxds... Additional county requirements (hydrants, water main...) Costs associated witk financing Builder's risk insunmce Summary: Construction of used 8,400 SF educationa/building to with all new fin:[shes Lr~ide and out. The building, comes with a 1:~ monlh waxi'anty equal to the wan'~:ty of a new buildir.:g, This.proposal includes specified s~te work. Pernfi~ting and necessary plan revisions are ~c[uded in this proposal and AMS will pay up to $12,000 in penn.it fees. Total Investment: $475.,000 l]xe cost of ~e building [s $250,000 ~nd the cost of the site work including permit fees is $225.000. [='mpa.red by, ~-.t~fes idenr -4819 Visit us at www.advanced3modular.co-rn 4820 BULAR BUILD[NGS~. MEMO- ._To: Mr. loc ~._e_enfDelray Beach Ac~emy From: David J. Daum D~te: 8/11/03 Re: I0,000 sq. foot school Afar our discussion yesterday I felt compel led to put the Following'information. togcthcr for you in hopes that you and tho board would still be Olin to considering Premier Modular 1]iitldings LC to. build your new school. Thc ai-tachcd floor-plan and proposal is simply something thai I had in mind for.you from thc beginning but because of.the uncertainty of the land issues I never did-forward-to you as I should have I guess. Anyway, just something for you to look ai and discuss with the board if you ',v/sh altho0gh it may be a mute point now. Also, I have attached a list of some of our recent references for You to contav't if you wisk I put a * next to some that arc in your area. Also, all our contractors thai would be used on your project would be from your area as I know this Was a concern. A~lin, itll of this might be a mute point bevause of your dee/sion but I just thought I would pass it on to you in hopes thai you could still consider us. Whatever your decision I do wish you the best of luck. Thank you for your consideration. 4822 387 Taf't-Vindtn~ ~dl Orlando, l:lorida 32824 ® 407,888.2022 Phone ~, 407.888.271 t [ P.RE3ilER MODULAR BUILDINGS[. BUDGETARY INVESTMENT ANALYSIS DELRAY_BEACH ACADEMY 10,000 NOMINAL SQ. FEET AUGUST 11, 2003 BUILDING OUTRIGHT COST: $288,911.00 .F ,,m~NCE L~ASE RA~S; 60 MONTHS 84 MONTHS $6,200.00! month $4,877.00/month 120 MONTHS $3,599.00/month' (* $1.00 buyom at end of term for fall ownership of building, other terms available upon request) One .~me Cost~: 1. DELIVERY OF BUILDING/COMPONENTS TO DELRAY BEACH ACADEMY AND ERECTION OF BUILDING ON' A PREPARED SITE $21,760.00 (Based on a level, accessible, and compacted site) Clarifications: 2. 3. 4. 5. 6. All above costs subject to Pr~aier Modular Buildings, LC approval and mutually agreeable terms and conditions. Taxes not included. Proposal valid for 30 (thirty) days and subj0ct to ch~ge due to material market conditions. Site work, site engin~ring, utility connections and permitting not included, 'but available upon request. Window protection, by others if required. A full scope of work and delineation of responsibilities will be prodded upon notice to proceed. This proposal i~: for budgetary purposes only, ~d may vax3, due to actual specifications. The above costs are bas~ on minimum requirements to meet the I30 MPH wind codes. FoundAtion is based on a standard foundation which consists of dry stack CMU'S, pre- cast base pads and no mortar. 4823 Nwv dr C~torn 0~¢, Irailtrt ek Modul. ar Buildingt 387 Tm%Vincb. nd Rd. Orb. ndo, Florida 32824 · 407.858.2022 Phone ~, 407.888.271 t Fax '4824 P~GE 1~I I bLW. 15th 8t~.eet --t~c rnp~no Beach, FL 33069 Phone: .954:96( '---l~~~.arden, City Manag,r of De[ray Beach: i0i) NW F: AYeaue Da.ray Beach, FL 33444 No',embe. t i 8, 2003 Dear Mr, Hard,n: This letter [sm confirm that all required information has been submitte~ to the City of Boynton Beach artd is awa ting final approval at the December 17, 2003 City Board Meeting.' This also conlirms that Advanced Modular was selected to perform the coast.motion for the Delray-Boynton Academy w{th' targeted completion in April 2004. Attached is the Site Phan Revfew ScheduJe for the City of Boynt~n Beach, Sincerely, vt. Willis ~re;td,nt 4825 Visit us at www.adva.nccdm0dul~r.com 4826 MEMO To: From: Date: Subject: 'CRA Board Douglas Hutchinson March 9, 2004 CRA Activities Development Items: Group A Annual report - A Comprehensive Annual Report is being developed. Drafts of the Annual RepOrt will be presented for review in March as an FYi and approval in April. Boynton Beach Blvd/Promenade/Riverwalk Design/Build RFQ Work has begun on the next phase of work for project design. Multiple meetings have taken place in the past several weeks. Updates are received weekly from Burkhardt and Kimley-Horn. Their updates and project timeline are supplied for your review. 30% of drawings for Promenade and Riverwalk completed. Cost estimates for all aspects with time tables will be presented in March. DH · Way-Finding Signage Program - Phase II (manufacturing) and Phase III have been approved by the CRA Board to move forward. Final s(qn pictures, map location, and legends were sent out to the CRA board on Friday. Staff is requesting input back on the CRA s(qns by March 9th. DH · MLK Property Acquisition Phase I - Coordinating with Dale Sugerman and TUG for purchases (See response letter regarding the HUD regulations and the letter from Dale - both were sent FYI to CRA Board) - Update from Lindsey and the Director. See a~enda. CBD Parking Acquisitions - Negotiations have been underway to acquire ,future public parking spaces, Project scope includes several existing owners in the targeted Block. Comprehensive 4755 Redevelopment Master Plan for the Block is being completed by the private sector. The CRA is meeting with the involved parties to finish mapping out issues. Staff is targeting April for "letter of understanding" between the various parties. DH Boynton Beach Blvd District Redevelopment Plan Update - Final update is bein(; compiled. Presentation will take place when additional study area from Seacrest to FEC is completed. DH Desian Guidelines Overlays- RMPK submitted a rough draft of the design guidelines for Board review and comment. RMPK is finishing the other types of zoning design criteria. RMPK Group presented the Des(qn Guidelines Overlays to the CRA Board at a workshop which was held on 2/19/04. The CRA Board decided to .qive their input to the CRA Director, who will compile it into one document. The document will be .qiven back to RMPK Group for their next revision. Museum Feasibility Study Team- The initial meetino will be set for March if the direction is to move forward at the March CRA Meetin.q. See A~qenda. DH CRA Brochure and Web Site Development- The CRA Board approved the CRA Lo;o and Web Site desian in February. Staff has instructed Jack of Arts to .qet three estimates for the initial purchase of letterhead, envelopes, and business cards. Jack of Arts is also .qoing forward with Web Site Development and setup. DH · Events - Wheels Weekend 2004 is a partnership amonq the CRA, the City and the Chamber of Commerce. The event will continue its themes of the fifties style street dance with a kid's zone and live entertainment to be provided by the Blues Brothers Review. The Street dance will be held on April 3m from 6pm to ffpm. AG · The Heritage Festival: The HeritaaeFest celebration was an overall success. The Caribbean carnival held on Martin Luther KJn.q Jr. Bivd was successful in that the vendors, includin.q local businesses, did very well. Attendees were pleased with the entertainment and the opportUnity to meet the d~qnitarles that represent not only our city but their homelands. Extremely cool weather had an adverse affect on the attendance, however, the event was free of any neflative incidents and the feedback from the residents and businesses was of 4756 a~)~)reciation and hope that events will continue in their ne(qhborhood. AG · Genesis Business Program-Staff will have a draft for approval in March. AG Group B Land Development Regulation (LDR) - LDR re-write will b~ 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 · Direct Incentive Program Amendments for Affordable Space - Staff will present a draft to the CRA Board in March. DH Group C · Children Involvement Grant Program (April). Awards Program - Staff has scheduled meetings to collect existing program materials to use as a starting point for the CRA program. Possible Office Options - Staff is workin.q on estimates for the cost of addin.q walls to separate conference area from open office. Estimate should be in by the second week of March. · Grants Update Grace Fellowship Church, which is 100% completed, Boynton Boundless, LLC, which is 50% completed, Fred and Joe's Automotive, Weiss Memorial Chapel, and St. Mark's Church Will start in the next 30 days. Boynton Defray Academy has reapplied for the Facade Grant, which is in front of the CRA Board this month. SV The R~ions Development Grant Round VIII was advertised on January 25th and February 1, 2004. We had 32 applications picked up and two applications were returned for consideration by the CRA Board. Boynton Delray Academy will create five jobs and Tropical Flavors ll will create two jobs. Staff will present completed application' for approval to the CRA Board at the March 9~ meeting. SV 4757 4759 Memo: To: From: Re: Date: CRA Board Douglas Hutchinson, CRA Executive Director Presentation for moving forward with Museum Feasibility February 26, 2004 The CRA reviewed the attached SFWMD comment letter on projects and project concepts which were part of the overall potential vision for the BBB, Promenade and Riverwalk Area. This SFVVMD briefing took place dudng a time when the Hall Property settlement was not finalized. The meeting was at the request of the sFWMD. The SFWMD Staff had questions about all potential aspects of the area development inCluding the CRA, City and the Related Group's Marina Village. As part of the informational gathering by the SFWMD, the museum concept for the area was questioned. No design, plan, or any documents as to exact location were given. Basic questions were addressed but no detailed response was given concerning any permitting issues. This limited information was based on two perspectives: First, there is no design or footprint and second, we could not speak to development potential or legal proceedings that were pending. Therefore, the SFVVMD's response was a predictable, No. The exact comment was that the first consideration is always to consider a different location when looking at the waterfront. The comment was not responded to by me or the engineers concerning possible mitigating designs, placement, etc. We wanted to make sure that the permits for the "baser project were the focus and not held up in any way. The SFWMD decisions are based on impacts of the proposed project on protected resources. The extent of the environmental impact issues are yet to be defined due to the fact that the museum size, design, visitation levels, etc. are not completed. These 4760 issues are what the feasibility study will look at. With the current completed detailed environmental surveys and SFWMD direction, we can now work on the exact extent of the impact on time, design and budgets. The scope of work for the Museum Feasibility Study evaluates the site and can recommend other sites. The Feasibility StUdy has many facets of which site location feasibility is one element. Only this study can tell the full story as to this Project's merit and feasibility. I recommend that we proceed with the study as contracted. 4761 M~R-~8-2~B4 11:56 SFWMD 15616826896 p. ~;2/{~.3 OS o..033t FromDA.WA? MANAG D svPac'r . 3301 Gun Club Ro~d, We~ l~alm l~a¢l~ Florida 3~06 · (561) 688-8800 · FL WATS 1-800-432-~045 · TDD (561) 697-2~74 Mail~ Addrt'ss: P.O. Bo~ 24680, W~ Faire I~ach, FL33416-4680 - www. sfwra~.gov CON 24-06 Environmental ReS°urce Regulation February 20, 2004 Do3glas Hutchinson, Director Boynton Beach CRA 639 E. Ocean Avenue, Suite 107 Boynton Beaoh, FL 33435 Subject: Proposed Boynton Beach Blvd, Extension and Future CRA Projects Dear Mr, Hutchinson: Thank you for aiiowtng District staff the opportunity to meet with you on January 7~ to discuss the Boynton Beach Boulevard extension and projects planned for the area. The purpose of this letter is to summarize the comments and feedback regarding these projects offered during that meeting and in subsequent discussions. Bovrt~on Beaeh Boulevard Ex~, n$1on (/u~lication No. 031201-17) District staff acknowledges the public safety concerns necessitating a cul-de-sac at the easterly terminus of Boynton Beach Boulevard. Staff requests a written analysis to support the verbally-discussed public safety need. Due to the high ecological value of the mangroves to be filled, staff suggests design modifications to minimize wetland impacts, including reducing the footprint of the cul-de-sac to the minimum necessary for emergency vehicle usage, eliminating the elements that are not required for vehicles (i.e., sidewalk and landscape buffer), and Incorporating a retaining wall instead of a filled slope. District staff met with the City's consultant on January $0, 2004 to look at mitigation opportunities at the Boynton Boat Club Park and at intracoastal Park. Although these sites do not offer mitigation opportunities appropriate to offset the anticipated wetland impacts, staff provided suggestions for suitable mitigation alternatives, including oreafion of an equivalent acreage of similar mangrove forest and enhancement and/or preservation of additional mangroves. Staff will continue to work with the City and CRA to evaluate all wetland mitigation options. Prqmenade (Future,CRA Proc_ ram Element) Staff concurs that a walkway could be developed that would provide safe pedestrian access to the ICWW while avoiding encroachment into adjacent Lamna~ It_. LindahL P.E. Tmdi {C W'~bu'ns, P. 03/1~ wetlands. Staff recommends designing the width and Ioc~tion of the proposed walkway to fit within the existing uplands. Bovnton ~mmona Dear Facility IFutum CRA Elemfll~t) Staff recommends designing the planned docking facility along the ICWW to avoid impacts to adjacent mangroves and seagresses, and to avoid the necessity of dredging an access channel. Issues that may also need to be addressed during per~_~.'ng Include manatee protection and state lands authorization. Riverwalk IFutu~'e CRA Elaine..,.nt) This element of the CRA plan provides an opportunity to Improve pedestrian views of the ICWW and to protect the mangrove shoreline. Design of Riverwalk should avoid encroachment into mangroves and/or shading and disturbance of seagrasses, Staff suggests including a riprap crib structure beneath the decking as a wavebreak to protect the shoreline, M~laeum ~Potentlel F~tre CRA Element) Staff recommends locating the museum at an alternative upland location. Situating such a facility in the mangrove wetlands or in the ICWW would not meet Environmental Resource Permitting criteria, District staff commends the City on the acquisition and preservation of an ecologically sensitive mangrove forest, We hope that the comments outlined above provide helpful guidance in planning pedestrian access to the ICWW while also protecting this valuable natural resource. District staff encourages and welcomes the opportunity to offer feedback and suggestions in planning this and other future projects invoMng wetland resources. Please do not hesitate to contact me at (561) 682-6951 or Barbara Conmy at (561) 682-8937 should you wish to dis=uss these projects further. Sincerely, Robert Robbins, Director Natural Resource Management Division South Florida Water Management District RR/ec/bc C: Dale Sugarman (A~t. City Manger), William Cary (Kimley-Hom), Ken Huntington (US Army COE-WPB), Richard Walesky (PB Co. ERM), Jonathan T. Ricketts M~R-~8-~:~O~ 11:56 S~WMD 1561681~896 P.01/05 SOUTH FrOmDA WATrat MANAa~rr DmTmC'r 3~TJ. Gun Club Road, We,~Palm ~-a~h, Florld,, 3,~06 * (561)6a6.8~ · I=LWATS14~X~G2.20~ · TDD(561) 69"/-2574 ENVIRONMENTAL RESOURCE REGULATION FAX COVER SH T NUMBER OF PAGES: "~ (INCLUDING THIS COVER SHEET) TO: ~_~~_~~,~_ PHONE NUMBER: _'~=,_ ~. - ~Ofo_T'L~ FROM.'~~'~J~~ PHONE NUMBER; ~") SUBJECT: ~ [[ Environmental Resouroe Regulation Division Fax Number (561) 882-6898 Boynton Beach Community Redevelopment Agency Feasibility Assessment Proposal AGREEMENT FOR SERVICES REDEVELOPMENT AGENCY BOYNTON BEACH COMMUNITY THIS IS AN AGREEMENT is 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 Payment shall be made within 30 calendar days. shall be set forth in Attachment B. the fee schedule at Attachment B. Any special compensation provisions 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. · . 4762 The Baker Leisure Group Team Page 1 December 2003 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 accordance with the following conditions: responsible for its own operations in 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. 4763 Nothing in this Agreement shall be construed to provide any rights or benefits to anyone The Baker Leisure Group Team December 2003 Page 2 Promenade) of Gateway features costing an estimated $295,000 per set. The next major public element to be considered is the public art at either end of the Promenade. The center piece art has a budget of $1,500,000 which we propose as being underwritten from grants and private donations. Other "Public" art would be added as donors are secured and a system for selection and review is created. The Promenade project does feature public restrooms, an information kiosk, EMS equipment storage and a police center (total building size 600 to 800 sq. ft.) at the entry. A "Day Deck" for fishing, boat drop-off and pick-up and water linkage is proposed at the Intracoastal. These are key elements to the function of the project as an area for events, security and public enjoyment. The project cost backup is presented as two columns; one with the entire project and the other with team recommendations. Please note that the CRA has paid approximately $384,000 toward the project to date, therefore, the balance to be spent reflects these draws; i.e. $7,237,366 total cost -$384,000 paid to date = $6,853,366 plus projected additional land cost of $1,000,000 plus construction management of $200,000 for a project total of $8,053,366 for the team's alternative proposal and $18,301,920 total cost - $384,000 paid to date = $17,445,088 plus $1,000,000 for land and $295,000 for construction management for a total cost of $18,740,088. The team does not need exact approvals but a direction to proceed. 4776 Memo: To: CRA Board From: Douglas Hutchinson, CRA Executive Director Re: Boynton Beach Boulevard Extension, Promenade and Riverwalk Design and Probable Project Cost Date: March 1, 2004 The CRA Director, Jonathan Ricketts and Dennis Haynes have worked all week to go over the Boynton Beach Boulevard Project which included a major design change for the Promenade construction cross section design that saved about $3,000,'000. The resulting project is actually better as it impacts less environmental resources. However, with 100% drawings on the BBB Extension, 30% completed on the Promenade and 30% on the Riverwalk, the cost (excluding additional land costs) is estimated approximately $18,301,970 or roughly twice the initial concepts (this was a preliminary cost estimate performed prior to start of design). The team recommends the project be adjusted by focusing on two elements of the three and to complete them in a manner that they "stand alone" in finish quality. This recommendation includes phasing the Riverwalk construction to a later time. However, the team strongly suggests that the Riverwalk be permitted at this time. The permitting will clear the way for future construction. The Riverwalk would be reviewed in two or three years for potential second level debt funding, grants and underwriting along side the proposed museum. The team recommends that every effort be made to include "Art Items." The Gateway elements are not included in the revised $7,237,366 budget (this includes $1,000,000 for land), however, it is felt that the project has potential funds in contingencies and other miscellaneous items that could cover the 2 sets (BBB and Fed. and BBB Ext. at 4775 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) Expenses shall not exceed $5,000 (Five 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 4774 The Baker Leisure Group Team December 2003 13 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. 4773 The Baker Leisure Group Team 12 December 2003 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 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. 4772 The Baker Leisure Group Team December 2003 11 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 (byATM) · Vegetation (byATM) · Environmentalconditions (by ATM) · 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 (SFWMD), 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 will 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). 4771 The Baker Leisure Group Team December 2003 10 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 Boynton Beach Community Redevelopment Agency. · 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. 4770 The Baker Leisure Group Team December 2003 Page 9 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. 4769 The Baker Leisure Group Team December 2003 Page 8 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. 4768 The Baker Leisure Group Team Page 7 December 2003 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. 4767 The Baker Leisure Group Team December 2003 Page 6 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 4766 The Baker Leisure Group Team Page 5 December 2003 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. Boynton Beach CRA will be listed as additional insured on the Certificate of Insurance. 2O. 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 4765 The Baker Leisure Group Team December 2003 Page 4 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: 4764 a. Comprehensive automobile liability insurance with minimum combined single The Baker Leisure Group Team Page 3 December 2003 From: To: Project: Cap Sheet Updated Through March 1, 2004 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 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 Cap Sheet Of All Costs Engineer: Plane: KJmley - Horn And Associates, Inc. 4431 Embarcadero Drive West Palm Beach, FI. 334070 Sheets 1, 9.1, 9.2, 9.3, 9.4, 9.5, 10.1, 10.2, 11.1, 12.1, 12.2, 12.3, 12.4, 12.5, 13.1, 13.2, 13.3, 13.4, 13.5 Dated 01/08/04 Item Description. Amount Subtotal Team Recommendation J Re-Lax Inn Site Improvements RE-LAX INN SITE IMPROVEMENTS SUBTOTAL $ 104,752.00 $ 104,752.00 t04,752.00 Boynton Beach Blvd. Extension Contract Proposal Boynton Beach Blvd. Wetland Mitigation Estimate Boynton Beach Blvd. Extension Architectural Features (Add Alt.) Boynton Beach Blvd. Undargroundlng of FPL Utilities (Add Alt,) BOYNTON BEACH BLVD EXTENSION SUBTOTAL $3,028,076.45 $ 400,000.00 $1,057,000.00 $ 550,000.00 5,035,076.45 $2,988,076.45 $200,000.00 $0.00 $550,000.00 $3,738,076.4S 4777 Cap Sheet 1 of 2 Promenade Initial Opinion of Probable Coat Promenade Wetland Mitigation Estimate Promenade Archltactural Features (Add Alt.) Promenade Undergroundlng of FPL Utilities (Add Alt.) PROMENADE SUBTOTAL $1,402,538.35 $ $3,691,000.00 $ 375,000.00 $ 5,468,538.35 $1,402,538.35 $0.00 $1,317,000.00 $375,000.00 $3,094,538.35 Rlverwalk Initial Opinion of Probable Cost Rlverwalk Wetland Mitigation Estimate Rlverwalk Architectural Features (Add Alt.) RIVERWALK SUBTOTAL $6,496,603.85 $ 200,000.00 $ 997,000.00 $ 7,693,603.85 $300,000.00 $o.o0 $0.00 $300,000.00 TOTAL OPINION OF PROBABLE COST Currently Approved Contract and Work Authorizations 100% Dealgnl Permitting for Blvd Extanslon 30% Design/Permitting for Promenade 30% Design/Permitting for Rlverwalk Re-Lax Inn Site Improvements Paid to Date Grand Total of Remaining Balance to be paid -$858,882.00 -$468,050.00 -$142,040.00 -$142,040.00 -$104,752.00 $384,796.70 $472,085.30 $ 18,30t,970.65 $7,237,366.80 GRAND TOTAL REMAINING FOR APPROVAL $ 17,445,088.65 4778 Cap Sheet 2 of 2 Boynton Beach Blvd Extension Contract Proposal Updated through March 1, 2004 From: Burkhardt Construction, Inc. 1400 Alabama Ave. ~r20 West Palm Beach, FI. 33401 Att: Dennis E. Haynes Tel: (561) 659-1400 Fax: (561) 659-1402 To: Boynton Beach Com m unity Redevelopment Agency 639 East Ocean Ave., Suite #107 Boynton Beach, FL. 33435 Att: Douglas Hutchinson, Director Tel: 737 - 3256 Fax: 737 - 3258 Project: C.R.A. Project # BBB2003-1, Design Build Procurement Boynton Beach Blvd. Extension, Promenade And Riverwalk Phase I Boyonton Beach Bird Extension From Federal Highway To Cul De Sac/Promenade Entry Engineer: KJmley - Horn And Associates, Inc. 4431 Embarcadero Drive West Palm Beach, FI. 334070 Plans: Sheets 1, 2.1, 3.1, 4.1, 4.2, 4.3, 5.1, 5.2, 5.3, 6.1, 6.2, 6.3, 6.4, 6.5, 8.6, 7.1, 7.2, 7.3, 7.4, 7.5, 8.1 Dated 02/09/04 Sheets 9.1, 9.2, 10.1, 10.2, 11.1, 11.2, 12.1, 12.2, 12.3, 12.4, 12.5, 12.6, 12.7, 13.1, 13.2, 13.3, 13.4, 14.1, 14.2, 14.3, 15.1, 15.2, 15.3, 16.1, 16.2, 16.3, 17.1, 17.2, 18.1, 18.2, 18.3, 18.4, 18.5, 18.6, 18.7, 15.8 Dated 02/06/04 Geotachnlcal Engineering Services Report By Tiera, Dated Nov. 20, 2003 Item Deacdptlon Quantity Unit Price Amount Team Recommendation Mobilization/General Conditions I Total Includes All Of The Following; Move-In, Move-Out Layout & As-Built Drawings Super~ision & Project Manager Standard Insurance Overhead Design/Build Insurance Field Office Construction Water Performance & Payment Bond Testing Costs Job Toilet Aerial Progress Phtos Small Tools 1 LS ILS ILS ILS 1 LS ILS ILS 1 LS ILS ILS ILS 1 LS 1 LS $ 300,150.00 $300,150.00 $300,150.00 $ 300,150.00 4779 Boynton Beach Blvd Ext Sheet 1 of 5 Maintenance of Traffic 1 Maintenance Of Traffic 1 LS $ 36,120.00 36,120.00 $36,t20.00 36,120.00 10,100.00 $10,t00.00 10,100.00 136,316.00 $136,316.00 Clearlng and Grubbing Site Clearing Grubbing And Disposal 1 LS $ 10,100.00 Grading Staked Silt Fence Excavate & Re-use Overburden Excavate Organics & Dispose Roadway Fill/Compaction Roadway Grading Excavate/Grade Landscaping Areas Fine Grading/Final Dressing/Cleanup 1 LS $ 4,625.00 42OO CY $ 4.45 53OO CY $ 4.4O 9760 TCY $ 7.35 1 LS $ 5,880.00 1 LS $ 3,340.00 1 LS $ 8,725.00 $ 4,625~00 $ 18,690.00 $ 23,32O.OO $ 71,738.00 $ 5,880.00 $ 3,340.00 $ 8,725.00 Store Drainage P-9 Curblnlet 9 EA $ 2,300.00 C Catch Basin 3 EA $ 2,220.00 Valley Gutter Inlet 2 EA $ 2,300.00 Manhole 2 EA $ 2,220.00 Core E,,dsting Structure 2 EA $ 1,680.00 New Top On Exist. St.#SD-I, SD-I 1 2 EA $ 1,200.00 E~dst MH Adjustrnents 13 EA $ 775.00 French Drain 315 LF $ 110.00 15" HDPE 436 LF $ 55.00 $ 110,865.00 $tt0,865.00 $ 20,700'.00 $ 6,660.00 $ 4,600.00 $ 4,440.00 $ 3,360.00 $ 2,400.00 $ 10,075.00 $ 34,650.00 $ 23,980.00 Subgmde & Base & Asphalt 4" Llrnerock Base 4075 SY $ 8.55 8" Umerock Base 4945 SY $ 11.30 12" Stabilized Subgrade 5530 SY $ 4.75 Asphalt 314 TON $ 70.50 139,124.25 $139,t24.25 $ 34,841.25 $ 55,878.50 $ 26,267.50 $ 22,137.00 Concrete Work Type "F" Curb & Gutter/Valley Gutter 2224 LF $ 14.00 Type "D" Curb 1620 LF $ 14.00 12" Elliptical Header 578 LF $ 20.00 12"x6" Footer at Coping 2612 LF $ 20.00 6" Band Curb atWalk 1990 LF . $ 20.00 Handicap Ramps W/Tactile Warning Surfac 1 LS $ 10,500.00 Caulk Joints 1 LS $ 7,600.00 Concrete Pad 280 SF $ 3.50 $ 176,496.00 $176,496.00 $ 31,136.00 $ 22,680.00 $ 11,560.00 $ 52,240.00 $ 39,800.00 $ 10,500.00 $ 7,600.00 $ 980.00 Surface Treatment Precast Roadway Pavers 16221 SF $ 8.00 Roadway Paver Modifications (U.S.1) 1 LS $ 70,000.00 Precast Sidewalk Pavers 36651 SF $ 4.85 $ 345,083.35 $34~;,083.35 97,326.00 70,000.00 177,757.35 4780 Boynton Beach Blvd Ext Sheet 2 of 5' ' Hardecape 1 1 Tree Pits Cylindrical Planter Edging Seat Walls 5' Precast Screen Walls Retaining Walls Handmll 40EA $ 125.00 0 LF $ 225.00 420 LF $ 300.00 240 LF $ 300.00 250 LF $ 160.00 250LF $ 250.00 305,500.00 $305,500,00 5,000.00 126,000.00 72,O00.OO 40,000.00 62,600.00 Furnishings Socrates Bench (Incl. Conc. Pad) Socrates Cube Benches (Incl. Conc. Pad) Litter Bin (Includes Conc. Pad) Removeable Eoilards Lighted Bollards Modular Bench (includes Conc. Pad) Pereldio Bench (Incl. Conc. Pad) 7 Ea $ 2,060.00 12 Ea $ 850.00 7 Ea $ 1,435.00 2Es $ 1,500.00 9Es $ 805.00 4 Ea $ 1,735.00 2 Ea $ 3,340.00 $ 59,340.00 $ 59,340,00 $ 14,420.00 $14,420.00 $ 10,200.00 $10,200.00 $ 10,045.00 $10,045.00 $ 3,000.00 $3,000.00 $ 8,055.00 $8,055.00 $ 6,940.00 $6,940.00 $ 6,680.00 $8,680.00 Electrical & Street Lighting Street Lighting Pole f~l (25'H'c) 12 Ea $ 4,550.00 Street Lighting Pole f~2 (13' Ht.) 7 Ea $ 4,250.00 Upllghtlng 100 Ea $ 800.00 Sculpture Lighting 24 Ea $ 800.00 Vendor Power Outlets 15 Ea $ 850.00 Electrical Service Points 3 Ea $ 13,500.00 Conduit, Wiring, Pull Bo:~es ILS $121,500.00 Lighted Boltards 5 EA $ 1,500.00 $ 365,800.00 $365 800.00 54,600.00 $54 29,750.00 $26 80~00.00 $60 1;,20o.00 $19 12,750.00 $12 40,500.00 $40 121,500.00 7,500.00 600.00 750.00 000.00 200.00 750.00 500.00 $121 500.00 $7,500.00 Landscaping Sweet Acacia 4 Ea $ 400.00 Gumbo Umbo Trees 8 Ea $ 750.00 Llgnum V]tae 10 Ea $ 750.00 Jat~opha 15 Ea $ 600.00 Wild Temarlnd 7 Ea $ 725.00 Live OakTraes 34 Ea $ 550.00 Maghogany 19 Ea $ 600.00 Veltchla Palm Trees 60 Ea $ 350.00 MedJool Date Palm Trees 7 Ea $ 4,500.00 Florida Royal Palm 19 Ea $ 2,500.00 7-Gal. Plants/Shrubs 52 Ea $ 15.00 3-Gal. Plants/Shrubs 3485 Ea $ 10.50 1-Gal. Plants/Ground Cover/Flowering Plant~ 2000 Ea $ 7.00 RelocateJ Transplant F_~dsting Sebals 17 Ea $ 175.00 Sod 5000 SF $ 0.40 Root Barrier 1450 LF $ 11.00 Planting Soil 750 CY $ 30.00 Mulch 100 CY $ 30.00 FerUlizer 1 LS $ 2,000.00 Tree Bracing 1 LS $ 5,000.00 $ 294,072.50 $264,072.50 1,600.00 6,000.00 7,500.00 9,000.00 5,075.00 18,700.00 11,400.00 21,000.00 31,500.00 47,500.00 780.00 38,592.50 14,000.00 2,975.00 2,000.00 15,950.00 22,50O.0O 3,000,00 2.000.00 5,000.00 4781 Boynton Beach Blvd Ext Sheet 3 of 5: ~ irrigation Piping, Main Lines, Zone Lines & Heads Valves, Controller & Time Clock Electrical Service/Connection Water Ser~ce/Conne~on 1 LS $ 17,500.00 1 LS $ 6,500.00 1 LS $ 4,000.00 1 LS $ 2,500.00 $ 30,500.00 $30,$00.00 $ 17,500.00 $ 6,500.00 $ 4,000.00 $ 2,500.00 Building Features Trolley Shelters 1 Ea $ 40,000.00 $ 40,000.00 $0.00 $ 40,000.00 $0.00 $ 8,950.00 $6,950.00 $ 3,2O0.00 $ 3,750.00 $ 10,500.00 $10,500.00 $ 7,500.00 $ $ $ 3,000.00 $ 250,000.00 $2~0,000,00 $ 250,000.00 $ 441,159.35 $44t,t59.35 $ 441,159.35 Signing & Striping Striping Slgnage Signalization Modlflcaflone ~ U.S.# l 1 Mast Arm Poles (Paint Exist. Poles) 1 Controller Cabinets I Wiring and Electrical Connection Loop Detectors Co ntlngancy 10% Of Construction Value Design/Permit Fees Design/Permits 1 LS $ 3,200.00 1 LS $ 3,750.00 1 LS · $ 7,500.00 0 LS $ 30,000.00 0 LS $ 5,500.0O 1 LS $ 3,000.00 1 LS $250,000.00 1 LS $441,159.35 ~IAL CONSIDERATIONS Wetland Mitigation Wetland Mitigation Estimate Architectural AJtemate Improvements Architectural Entry Feature Landmark Architectural Feature Subtotal Contract Value $3,028,076.45 $2,988,076.45 1 LS $400,000.00 Wetland Mitigation Subtotal I EA ~295,000.00 1 EA $762,000.00 $ 400,000.00 $200,000.00 $ 400,000.00 $200,000.00 $1,057,000.00 $0.00 $ 295,000.00 $0.00 $ 762,000.00 $0.00 $ 550,000.00 $550,000,00 $ 550,000.00 Electrical Undergroundlng Altemata Improvements Undergrounding for FPL Utilities 1 LS $550,000.00 AJtemats Improvements Subtotal Total Coneldemtlone $1,607,000.00 $550,000.00 $5,035,076.45 $3,738,076.45 4782 Boynton Beach Bird Ext Sheet 4 of 5 VII. Director's Report Any person who decides to appeal any decision of the Community Redevelopment Advisory 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. 4754 The city shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the City to reasonably accommodate your request. MEMO TO: CRA Board FROM: Susan Vielhauer SUBJECT: Festival/Event/Program Application DATE: March 10, 2004 Staff has reviewed the Festival/Event/Program structure. In light of the CRA Board's goals and directives for this program, Staff has developed the following program and application process for the Festival/Event/Programs. First staff looked at the purpose and guidelines for this program to make sure that the CRA Board's goals of collaborative efforts and partnerships as well as staff involvement and funding were addressed. The guidelines now limit the program to Non-Profits, set maximum grant amounts, developed the process by which the applicant must apply for the program and established the criteria for receiving these funds. The guidelines also set the criteria for the accounting of the Festival/Event/Programs, which must be supplied to the CRA Board in order to receive approval for request of funds. Additionally, staff looked at the application to make sure the CRA Board goals were addressed as well as the liability issues. First, the applicant is now required to carry the event insurance naming the CRA as additional insured and sign a hold harmless agreement. If the applicant does not have the insurance, the CRA will acquire the insurance for protection and deduct the amount from the amount of grant awarded. Additional, the application requires the applicant to give a complete description of the Festival/Event/Program, which includes event scope, schedules, dates, maps and event sites, budget for the Festival/Event/Program, marketing plan as well as cost projections. If the Festival/Event/Program has a history, they will be required to include this information with the application. The application also addresses the level of funding requested by the applicant as well as their own staff and volunteer efforts and requested CRA staff involvement. Legal Staff, along with input from our insurance agent, have reviewed the documents in an effort to make sure that the CRA is covered in the event of a problem. Future Festivals, Events, or Programs applicants will complete these forms and staff will review the documents prior to forwarding the request for funding to the CRA Board. :H 2003~2004 FESTIVAL/EVENTIPROGRAM GRANT FUNDING PROGRAM APPLICATION FORM APPLICATION PROCESS FOR FESTIVAL/EVENT/PROGRAM GRANT FUNDING PROGRAM. An applicant seeking a grant may secure an application from the Boynton Beach Community Redevelopment Agency (CRA) located at 639 E. Ocean Ave., Suite 107, Boynton Beach. 561-737-3256 office hours Monday- Friday 8:00 AM to 5:00 PM. Applicant shall obtain, read, and understand all aspects of both the Festivals/Events/Grant Program Agreement, including Program and accounting requirement regulations and the program application. An original application and ten (10) copies of all materials are to be returned to the Boynton Beach Community Redevelopment Agency for review and approval by the CRA Board. Applicants must take the necessary steps to insure that their submitted application is properly time stamped to document receipt by the CRA. Upon approval, appropriate grant program documents will be prepared in the CRA office and the applicant will be notified of approval by return mail. Applicant shall file all required post event accounting within thirty (30) days after the event. APPLICATION TO THIS PROGRAM IS NO GUARANTEE OF FUNDING. FUNDING IS AT THE SOLE DISCRETION OF THE CRA BOARD. Boynton Beach Community Redevelopment Agency Festival/EventJProgram Grant Application Revised 01/28/04 BEACH 2003/2004 FESTIVAL/EVENT/PROGRAM GRANT FUNDING PROGRAM PROGRAM AGREEMENT Boynton Beach Community Redevelopment Agency FESTIVAL/EVENT/PROGRAM GUIDELINES The following guidelines are intended to inform a potential grant applicant of the extent and scope of the CRA Festival/Event/Program Grant Funding Program. The purpose of the funding program is to encourage collaborative efforts and partnerships between the Boynton Beach CRA, Business Associations, Citizens, City of Boynton Beach, Chamber of Commerce, and Private Businesses. The following guidelines are applicable to this Program: Eligibility Requirements: The Grant Program is available only for Non-Profit Organizations. The Festival, Event, or other Program must directly benefit the community revitalization area of the Boynton Beach Community Redevelopment Agency (CRA). Note: see attached CRA Map. Maximum Festival/Events Grants Amounts: The CRA will provide a grant for eligible Festivals/Events up to the pre approved CRA budget amount. Maximum Program Content Grant Amounts: Program Concepts other than identified annual Festivals and Events requests will be accepted on a merit basis by the CRA. The CRA Budget for Program Content Grants has no definitive amount however funding is limited. Process: The Applicant agrees to provide a completed application and proposed budget two months prior to the 15th of the month before the CRA Board Meeting to the Festival/Event/Program date for the CRA's consideration for funding. CRA Acknowledgement For Funding: The applicant will acknowledge the CRA's participation in the Festival/Event/Program. That acknowledgement shall be defined in the application and approved by the CRA Board prior to funding. Required Accounting: If approved, successful applicants may receive funding pdor to the event or festival. At the conclusion of the event, the grantee must submit supporting documentation to the CRA Board, which will consist of project accounting, project analysis summary, coverage received, etc. Boynton Beach Community Redevelopment Agency Festival/Event/Program Grant Program Agreement Page 1 of 2 Revised 01104104 o Insurance: Applicant will be required to carry event insurance as well as naming the CRA as additional insured. Applicant will also sign a hold harmless agreement with the CRA. CRA Event Material Usage: Grantees shall grant the CRA the right and use of photos and project materials. No Grantee For Funding: Grantees must complete and submit an application to be considered for funding. APPLICATION SUBMITTAL TO THIS PROGRAM IN NO WAY GUARANTEES CRA FUNDING. Organization President or agent (Print) Organization President or agent (Date) CRA Director STATE OF FLORIDA, COUNTY OF PALM BEACH (Date) BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared , who is personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of ,200__. NOTARY PUBLIC My Commission Expires: Boynton Beach Community Redevelopment Agency Festival/Event/Program Grant Program Agreement Page 2 of 2 Revised 01/04/04 BEACH 2003~2004 FESTIVAL I EVENT/PROGRAM GRANT FUNDING PROGRAM APPLICATION FORM Boynton Beach Community Redevelopment Agency (Please Print Or Type Only - Use Additional Sheets If Necessary) APPLICANT INFORMATION Name of Festival / Event / Program: Name of Applicant: Address: Address: City/State: President/Owner/Agent: Non-Profit Status: Zip Code: Phone # Day: Fax: Festival I-I Evening: E-Mail: Program Event ~ Other I'1 Description of the Festival/Event/Pro~:lram if this is not included in City Event Permit Application Attachment. (Include whether it is a new or existing with history) Boynton Beach Community Redevelopment Agency Festival/Event/Program Grant Application Revised 01/28104 Page I of 4 Describe the Role of your Organization & Volunteers with the amount of hours you will devote to the festival/event/program: Describe the Role of the CRA: Funding Only Funding and Staff In-Kind Assistance Staff In-Kind Assistance Only Boynton Beach Community Redevelopment Agency Festival/Events/Program Revised 1/28/04 Page 2 of 5 FESTIVAL/EVENT/PROGRAM INFORMATION Describe Festival/Event/Program proposed. Attach the following items: · Festival/Event/Program(s) write-up(s) describing in detail the scope of the Festival, Event, or Program(s). (Where will it be held, how big an area, number of volunteers, number of visitors.) · Event Schedule including the date(s) of Festival/Event/Program(s) and time line, · Maps or sketches of the event site,(if applicable), · Budget for the Festival/Event/Program(s) with Sources and Uses. Indicate what funds are secured and what are speculative and evidence of financial ability to pay for the Festival/Event/Program(s). Applicant must supply copies of sponsorship commitment letters and/or bank statements. The proposed marketing plan and how will the CPA's participation in the Festival/Event/Program(s) be acknowledge, · Insurance certificate with the CPA named as additional insured and a signed hold harmless agreement. · Provide photos of past Festival/Event/Program(s) (if applicable). · A completed Special Events application for the City of Boynton Beach Events Permits (if applicable). · The following are required as post event justification accounting: (1) Project accounting including invoices, receipts, or other acceptable evidence of payment from suppliers that have been marked "paid". Each item will be supported by a canceled check showing the face of the check, as well as the back of the canceled check or signed "Paid" receipt, (2) attendance analysis (state method of establishing attendance estimates), (3) photos (electronic preferred), (4) copies of press and media coverage including press clippings, posters, and amount of dollars and in-kind value received, length and number of spots. · Post event accounting is due to the CRA no later than 30 days after the event. NOTE: An expense amount changed from an approved Application without prior CRA Board approval may be subject to repayment by the applicant to the CRA. Applicable documents must be attached for the Application to be processed. Boynton Beach Community Redevelopment Agency Festival/Events/Program Revised 1/28/04 Page 3 of 4 By signing this Application, I acknowledge that I have received and read a copy of the Program Agreement, and I understand and agree to comply with its content. Organization President or Agent (Pdnt) Organization President or Agent (Date) CRA Director STATE OF FLORIDA, COUNTY OF PALM BEACH (Date) BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared , who is personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of . ,200.~. NOTARY PUBLIC My Commission Expires: Boynton Beach Community Redevelopment Agency Festival/Events/Program Revised 1/28/04 Page 4 of 4 Memo To: From: Subject: Date: CRA Board Douglas Hutchinson Consideration of Revised Direct Incentive Program February 26, 2004 This is the newest revision for our Direct Incentive Program. You have seen this concept almost a year now. This draft does have some re-writes to cladfy the process. I will say that this issue is the major issue facing US housing today. This issue drives sprawl in Palm Beach County. The CRA can build on this Program with matching sources. I recommend that the CRA step forward with this amendment to assure a livable, mixed income CRA Redevelopment Area. 4835 Memo: To: From: Re: Date: CRA Board Douglas Hutchinson, CRA Executive Director MLK Purchase Process Update February 26, 2004 Over the past months, questions have arisen as to the process the CRA will be required to use for the approved acquisition of Phase I Properties in the MLK Corridor. HUD and our legal staff will have comments on the .legal impacts; however, my recommendation is to follow the HUD Uniform Relocation Act process. This will add significant cost to the acquisition costs but ensures a fair process to all parties. My strongest argument is that'the City and CRA need to follow some guidelines in this area. We are literally buying properties next door or across the street from each other. It is very confusing to citizens if the "City" is buying property under different systems. I strongly believe that a unified purchasing system will both be seen as fair and consistent. 4791 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY MEMORANDUM TO: CC: Larry Finkelstein, Chair Jeanne Heavilin, Vice Chair Henderson Tillman James Barretta Charles Fisher Alexander DeMarco Don Fenton Douglas C. HutChinson, Executive Director FROM: DATE: RE: Donald J. Doody, Esquire, City Attorney's Office Lindsey Payne, Board Co~msel tAP February 25, 2004 Real Property Acquisitions subject to Uniform Relocation Assistance in Real Property Acquisitions for Federal and Federally-Assisted Programs 42 USC 4601, et seq. During a recent telephone conference which included representatives from the City administration and the Community Redevelopment Agency Executive Director, an analysis was requested of the additional requirements of a property acquisition conducted in conformity with the Uniform Relocation Assistance Act for submission to the Board at its next meeting. The following constitutes an outline of the legal requirements that must be adhered to under the Federal Uniform Relocation Assistance. I. APPRAISALS. Prior to negotiations, Section 24.102 of the Act requires that an appraisal be obtained. (An appraisal is unnecessary if the fair market value of the property to be acquired is estimated at $2,500.00 or less.) Section 24.103 sets forth criteria for the appraisals which in the minimum must contain the following items: 4792 The purpose and/or the function of the appraisal, a definition of the estate being appraised, and a statement of the assumptions and limiting conditions affecting the appraisal. An adequate description of the physical characteristics of the property being appraised, a statement of the known and observed encumbrances, if any, title information, location, zoning, present use, an analysis of highest and best use, and at least a five (5) year sales history of the property. All relevant and reliable approaches to value consistent with commonly accepted professional appraisal practices. A description of comparable sales, including a description of all relevant, physical, legal and economic factors, such as parties to the transaction, source and method of financing, and verification by a party involved in the transaction. A statement of the value of the real property to be acquired and, for partial acquisition, a statement of the value of the damages and benefits, if any, to the remaining real property, where appropriate. The effective date of valuation, date of appraisal, signature and certification of the appraiser. ADDITIONAL COMMENTS. In order to perform an appraisal under the Uniform Relocation Assistance Act, the appraiser shall be certified in accordance with Title XI of the Financial Institution Reform, Recovery and Enforcement Act of 1989. The Agency obtaining the appraisal shall have a qualified reviewing appraiser examine all appraisals to insure that they meet applicable appraisal requirements. The reviewing appraiser's certification of the recommended or approved value of the property shall be set forth in a signed statement which identifies the appraisal reports reviewed and explains the basis for such recommendation or approval. Cost Factor: Cost of an additional reviewing appraiser. II. NEGOTIATIONS OF CONTRACT OR OPTION AGREEMENT. Under the Federal Act and prior to the initiation of negotiations, the Agency shall establish an mount which it believes is just compensation for the real property. The amount shall not be less than the approved appraisal of the fair market value of the property, taking into account the value of allowable damages or benefits to any remaining property. Promptly thereafter, the Agency shall make a written offer to the owner to acquire the property for the full amount believed to be just compensation. The Act requires that along with the initial written purchase offer, the owner shall be given a written statement of the basis for the offer of just compensation, which shall include: a. A statement of the amount offered as just compensation; 4793 Co A description, location and identification of the real property and the interest in the real property to be acquired; and An identification of the buildings, structures and other improvements (including removable building equipment and trade fixtures), which are considered to be a part of the real property for which the offer ofjust compensation is made. The Relocation Act requires that the agency shall make reasonable efforts to contact the owner or the owner's representative and discuss its offer to purchase the property, including the basis of the offer of just compensation; and, explain its acquisition policies and procedures, including its payment of incidental expenses in accordance with the Act. Incidental expenses shall include recording fees, transfer taxes, documentary stamps, evidence of rifle, and boundary surveys. However, the agency is not required to pay costs solely required to perfect the owner's rifle to the real property. Chapter 166 does not require that the municipality pay any of the seller's expenses. Upon receipt of the written purchase offer, the owner is afforded a reasonable oppommity to consider the offer and present material which the owner believes is relevant to determining the value of the property and to suggest modification in the purposed terms and conditions of the purchase. Accordingly, the purchase price for the property may exceed the amount"offered as just compensation when reasonable efforts to negotiate an agreement at that amount have failed and an authorized agency official approves such adminis~tive settlement as being reasonable, prudent and in the public interest. Cost Factor: Significant administrative activity and record keeping. Additional legal over-view to confirm compliance. We estimate an additional ten to fifteen hours of legal time per transaction to monitor "Act" compliance. EXPENSES INCIDENTAL TO TRANSFER OF TITLE. Under the Uniform Relocation Assistance Act, the owner of real property shall be reimbursed for all reasonable expenses necessarily incurred for: ao Recording fees; Transfer fees; Documentary stamps; Evidence of title; Surveys; and Other similar expenses incidental to conveying the real property. Costs for which an owner is not entitled to reimbursement include penalty costs and other charges for prepayment and any preexisting recorded mortgage entered into in good faith encumbering the real property and the pro rata portion of any prepaid real property taxes which are allocable to the period after which the agency obtains rifle to the property. Cost Factor: Additional closing costs. 4794 3 IV. Conclusion. In the final analysis the governmental entity that must comply with the "Act" can factor in additional legal costs of approximately 15% - 20% above the costs associated with acquiring a property other than under the "Act". Administrative activity (staff time and record keeping) to assure compliance with the "Act" could drive the overall costs an additional 10%-15% higher. In addition, the cost of the review appraiser would be incurred. DJD:LAP/skg/ja H:\1998\980465~004 MEMOSh~.eal Property(2-25).doc 4795 4 Memo: To: From: Re: Date: CRA Board Douglas Hutchinson, CRA Executive Director Cash Flows, Budgets, and Financial Projections for Board Direction March 1, 2004 This memo is a team effort between Staff and RBC Dain Rauscher (formerly Hough Company) to depict potential projects, programs, operations and underwriting funding. This is for direction only. These numbers, projects, etc. will be further developed based on the Board's general direction from this presentation forecast. The Staff has attempted to outline a broad based concept of program and project content. It is Staff's belief that a balanced vision of projects and support programs are critical to sustain re-investment and development in the CRA. It is now time to more clearly assess the CRA's underwriting capacity and establish the true scale of the plan implementation. The forecast recognizes opportunities such as MPO Transit Grants which offer matching funds to develop elements of our TCEA Transportation Program. It addresses police patrols that reinforce safety of people in the CRA area both on the street and in parking lots that have increased usage. These are proposed to be served by the trolley system. The Trolley Program with grant application is slated for presentation at the May Board Meeting. The Boynton Beach Boulevard Design/Build Project moves forward with two of the three elements to anchor the waterfront development. The project provides support and ties to the traditional small marina business activity through a drop off and pick up day dock at the end of the Promenade. 4796 The Head of Boynton Area is slated for $4,000,000 in property acquisition and street improvements to begin substantial redevelopment in the MLK/Seacrest Corridor. This commitment represents an immediate increase in activity to continue the increased developer interest recently seen for this area. The target date for the release of a Redevelopment RFQ is slated for FallNVinter 2004. This timing will allow the CRA/City to have acquired by contract and/or dosing Phase I properties. The proposed project list addresses'a CBD Public Parking element. The location has been targeted for over 5 years and represents a concerted effort between the City, CRA, Church and other existing property owners to create a downtown parking site at a large savings to the public. This public/private concept is nearing a draft concept stage and will be ready for CRA action over the next several months. If this site is not secured by the CRA, development may move forward without a public parking anchor at the location of this project (the "Exxon block" of BBB/Federal/4th Ave.). The Museum Feasibility Study has been included to move forward to site permitting or altemative site development as the next phase. This is contingent on a positive study outcome; however, the feasibility study funding is critical to move the project into place for consideration of grants, sponsorship and potential Phase II debt underwriting. The historic core of Boynton is addressed with a $1,000,000 underwriting of the Old High School Adaptive Re-use. The funds, when combined with the City's existing funding to date and proposed $300,000 for stabilization, will be used as matching funds to secure the remaining restoration funding. This project along with the Children's Museum and the new library expansion creates a cultural core similar to Delray's "Old School" Square. This investment will attract development in the CRA Area through enhanced quality of life and creation of a significant public space. The proposed forecast reflects commitments to the Marina and Arches Projects. Their cost impacts and cash flows are accounted for both in cost and TIF Income. 4796a The income forecasts are very conservative. Appreciation expectations are almost 50% of the County's projections and very limited grant funding is° projected. This is significant as the core projects and programs outlined by Staff have tremendous grant underwriting potential. The TIF forecasts for the next three fiscal years reflect only projects completed but not fully on the tax rolls and projects in construction. In fact, no significant projects are forecasted to come on the tax rolls until year 200612007. The new project for 2006~2007 is the Marina Project which has already sold out. Staff did not speculate on major capital projects beyond 2006/2007 due to the fact that many elements are unknown and the CRA will need to evaluate program/project status at that time. Further, it is forecasted that the CRA will not have significant additional debt capacity until 2006/2007 (approximately $6,000,000). Therefore, the first phase of underwriting and project completion needs to be completed and evaluated for a clear vision for second phase debt if chosen. The RBC Dain Rauscher Company will use direction from the CRA to develop debt underwriting options. The CRA has the ability to recover "cash" expenditures pdor to issuing any tax exempt bond by including a "Re-imbursement Resolution" statement in any potential offering, therefore, the CRA has time to develop a complete Project/Program/Finance strategy. In fact, underwriting analysis uses the previous year's tax revenue to establish current debt capacity. Therefore, if we wait until next year's TIF revenues are established in August of this year, our current TIF Income can be used. The CRA had a $1,000,000 jump in TIF between 2002/2003 and 2003/2004. Therefore, an October 1, 2004, underwriting target date in feasible and best for the CRA. The Finance forecast also uses a very conservative coverage ratio of 2.0 times debt load. Other enhancements may further help the CRA underwriting capacity. These concepts will be developed based on Board direction. 4796b Summary I feel the proposed programs and projects represent a diverse investment in the CRA Area which is responsive to citizen and developer needs. All CRA matching Grant Programs, events, Business Development Programs are sustained in the forecast. It balances programs with projects. The proposal puts CRA plans on the ground yet does not leave behind social or citizen issues. Geographic distribution has focus in two "Hubs" that are tied together and then tied to all of Boynton by a proposed trolley system. This comprehensive vision seeks to strengthen all of the CRA incrementally together. No one is left behind. Our comprehensive updated LDR, Master Redevelopment Plan consolidation, Design Guidelines and TCEA give firm directions for developers and piece of mind for Citizens. The direction given here will be, to a great extent, the legacy of the CRA. These programs and projects are the visible culmination of some 10 years of study. It will set the foundation for future CRA direction. Once again, Staff is not asking for approvals, but direction for work to be completed on CRA elements. These will be presented in Staff's project updates and further addressed in the 2004/2005 Budget. 4796c Draft PRELIMINARY CAPITAL FUNDING AND INVESTMENT OPTIONS PREPARED FOR THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY MARCH 1, 2004 RB.C Da~n Rauscher 4796d RBC Dain Rauscher Draft As Financial Advisor to the Boynton Beach Community Redevelopment Agency (the "CRA"), RBC Dam Rauscher (" RBC Dam") was asked to review the capital funding and investment options available to the CRA. Specifically, we were asked to review the following areas related to developing the CRA's Capital Plan: · Capital Funding Options · Funding capacity for projects utilizing projected cash available and potential debt financings · Debt capacity over the next six years based upon the CRA's curtain budget Financing alternatives ffdebt is considered · Investment Options · Cash management · Short-term mvestn~mls Follo~dng is a preliminary discussion of these alternatives utilizing the information provided to us by the CRA. Depending on the type and size of the projects selected by the CRA, a more detailed analysis and specific recomm~ons will be provided. CAPITAL FUNDING OPTIONS The CRA's Budget Projections include projections for the current year's budget, FY 2004/2005, and projections fbr the next 5 years, FY 2005/2006 through FY 2008/2009. The CRA's tax incmmem projections are sunanarL~ed as follows: CRA BUDGET PROJECTIONS TAX INCREMENT VALUE PROJECTIONS Current Year 1 Year 2 Year 3 Year 4 Year 5 FY 200312004 2004/2005 20051200~ 2008/2007 200?/2008 2008/2009 Tqtal NEW CONSTRUCTION PROJECTS Marano Bay - Sou'~ern Builders $ $ 6,600,000$ $ $ $ $ 6,600,000 Southern Builder#2 ( South Fedem { 2,500,000 10,000,000 12,500,000 Marirm Village 10,000,000 65,000,000 75,000.000 Arches 10,000,000 10,000,000 Coastline ~e Building 2,500,000 7,500,000 10,000,000 Blue Lagoon Project 10,000,000 65,000,000 75,000,000 The Harbors 12.000.000 12,000,000 MLK Village 5,~00,000 5,000,000 10,000,000 Tuscany 24.000,000 6.000.000 30,000,000 Kensington Place 2,000,000 ; 2,000,000 Vil~ D~I Sol 16,000,000 2,000,000 18,000,000 Ind ustriat/Co m me rcial 1,000,000 2,000,000 2,000,000 2,000,000 2,000,000 1,000,000 10,000,000 Mfsc. Projects 3~828~460' 2~000~000 2,000~000 . 2~000,000 2~000~000 2,000,000 13~828,460 TOTAL CONSTRUCTION ~NCREASE $ 44,829,460 $ f8,600,000 $ 20,600,000 $ 24.000,000 $ 96, t~00,000 $ 90,500,000 $ 294,928,460 T;F APPRECIATION % 1 t% 8% 4% 4% 4% 4% 6% PRtOR YEAR'SVALUATION $ 407,644,247 $ 497.313.574 $ 555,698,660$ 598,426,607 $ 646,363,671$ 758,718,218 TiF APPRECIATION INCREASE $ 44,840,86'7 $ $9,785,0e8 $ 22,227,946 $ 23,937,064 $ 26,854,547 $ 30,348,729 $ 186,9~4,239 CURRENT TIF INCREMENT 115~738;078 205~407~405 265~?~%491 3061520f438 $54~457~502 466~812;049 ~ NE'W PROJECTED INCREMENT $ 206,407.405 $ 263,792,491 $ 306,620,438 $ 354,457,502 $ 466,812,049 $ 587,660,777 $ 587.960,777 TIF INCOME PROJECTIONS City of Boynt0n Beach $ 1,575,243 $ 2,004.823 $ 2,329,555 $ 2.593,877 $ 3,547,772 $ 4,456,222 $ 16,617,492 Palm Beach County $ 924t333 $ 1~157~066 $ 1,379~342 $ 1~595,059$ 2~100r654 $ 2,644~473$ 9~830~928 TOTAL GROSS TIF REVENUE $ 2,499,576$ 3,191.889 $ 3,708,897 $ 4,288.936$ 5,648,426 $ 7,110,695$ 26,448.419 NET TIF ~ 95% $ 2,374,597 $ $,032,295 $ 3,523,452 $ 4,0?4,489 $ 5,366,004 $ 6,755,t6t $ 25,125,998 4796e RBC Dain Rauscher Draft The CRA's historical tax increment revenue growth is summarized in the following table: Boynton Beach CRA Assessed Value Final Base Year Statutory Taxable Taxable Reduction Year Valuation Valuation Increment Factor 1989/90 $ 39,466,737 $ 25,024,468 $ 14,442,269 $ 13,720,156 1990/91 74,997,745 59,767,752 15,229,993 14,468,493 1991/92 77,257,229 59,767,752 17,489,477 16,615,003 1992/93 73,396,553 59,767,752 13,628,801 12,947,361 1993/94 70,614,592 59,767,752 10,846,840 10,304,498 1994/95 71,929,663 59,767,752 12,161,911 11,553,815 1995/96 73,498,930 59,767,752 13,731,178 13,044,619 1996/97 74,712,938 59,767,752 14,945,186 14,197,927 1997/98 75,719,530 59,767,752 15,951,778 15,154,189 1998/99 78,410,383 59,767,752 18,642,631 17,710,499 1999/00 81,928,346 59,767,752 22,160,594 21,052,564 2000/01 317,835,353 291,906,169 25,929,184 24,632,725 2001/02 372,405,731 291,906,169 80,499,562 76,474,584 2002/03 407,644,247 291,906,169 115,738,078 109,951,174 2003/04 511,268,089 291,906,169 219,361,920 208,393,824 Millz~e Rates Available Cotmtv City Increment 133770 183535 * 13.7957 199603 * 12.3051 204 449 * 4.3178 7.9518 158 859 4.3278 7.9518 126 535 4.2931 7.9251 141 167 4.2177 7.9251 158 398 4.2358 7.925I 172 660 4.6000 7.9251 189 808 4.6000 7.8160 219 894 4.6000 7.8160 261 389 4.6000 7.8160 305 840 4.5500 7.8160 945.685 4.5000 7.6000 1,330,409 4.5000 7.5000 2,500,726 ** Average % Change * Combined millages of several agencies before determined to be exempt (Children's Services, He.~lfla Care) ** Preliminary Evaluations % Change 9% 2% -22% -20% 12% 12% 9% 10% 16% 19% 17% 209% 41% 88% 29% The projoztions for future tax increment growth appear to be conservative given the CRA's recent history. However, in FYE 1992, the CRA experienced only 2% growth and in FYEs 1993 and 1994, the CRA experienced significant losses in mcremem revenues of -22% and -20% respectively. Due to the inherent econonfic vulnerability of tax increment revenues, the CRA must be extremely canfiom in beginning the construction of capital projects which require future growth for funding. Any such projects should be planned in phases so that ff growth does not occur or is delayed, the current phase of the project has sufficient funds to complete construction and stand on its own. Utilizing the Budget Projections provided by the CRA, RBC Dain reviewed the following potmtial funding scenarios for CRA capital projects: 1. Cash Only 2. Cash and Debt Financing in FY 2004/2005 3. Cash and Debt Financing in FY 2004/2005 and FY 2006/2007 Cash Only RBC Dain recommends that the CRA establish a target fund balance policy to maintain a fund balance of at least 20% of the prior years' tax increment revenues. This is a conservative target fund balance, as most governments target a fund balance of 10% of the prior ~ear's revenues. Based upon the revenue, expense and other assumptions in the CRA's Budget Projections, funding all of the $16,302,408 in projects in cash alone results m siLmificam ~nnual deficits beginning in FY 2004/2005. This scenario is illustrated on the following page. 4796f RBC Dain Rauscher [ § '$8 8888888 4796g Oraft Based on ctwrent assumptions, the CRA would be able to fund approximately $15,200,000 m projects if it wished to fund such projects from cash only, and such funding would need to occur more evenly over the 6-.vear period under consideration. This would clearly require the CRA to reduce or elimi~_qte portions of projects in the Budget Projection. Cash and Debt in FY 2004/2005 Due to the current extremely Iow imerest rate enviromnent, many govemmems are preserving portions of trek cash for future financial flexibility, and borrowing at current low ~elds for capital projects. The Bond Buyer Revenue Bond Index, which is composed of bonds rated "Al"with a 30-year maturity, is currently at 5.0% and has averaged 6.8% over the past 20 years. In addition to current low yields, longer-texm financing for capital projects more equitably spreads the cost of improvements with longer average lives over the future taxpay6~s who will be enjo34ng the benefits of such projects. Following is a chart which illustrates interest rote trends over the past 20 years. Historical Long-Term Interest Rates 14.0 12.0 10.0 .~, 8.0 '-~ 6.0t 2.0 t 0.0 i ...... Bond Buyer Revenue Bond Index Bond Buyer Rev Index Average (6.8%) Based on thc FY 2003/2004 TIF rcvmucs of approximately $2.4 million, thc CRA could obtain approximately $9,250,000 m proceeds for projects from a debt issue in FY 2004/2005. This debt issue assumes a 22-year amortization at a 6.00% interest rate with a 2.00x coverage rcquircmcnt of rcvcnues ovcr debt scrvicc. Currmt tax-exempt )4elds for 20-year "AAA"-rated securities are currently much lower than our interest rote assumption,. at only approximately 3.8%. However, due to the preliminary nature of thi.q analysis, it a~s assumed that the CRA would issue mn-rated debt. Credit enhancement may be available for the CRA, which could s'Lgnificantly lower its cost of borrowing. Bascd on thc current projects in thc Budget, a debt issue ~ich produccs $9,250,000 in procccds in FY 2004/2005 fully funds the CRA's projects and allows the CRA to maintain a target fund balance in excess of 20% of thc prior year's tax incrcmcnt rcvcnucs. This sccnario is summafizcd on thc following page. 4796h 4796i Draft Cash and Debt in FY 200412005 and FY 200612007 Based on the projections, by FY 2006/2007 the CRA could have additional debt capacity to produce approximately $6 million in proceeds for projects due to growth in TIF revenues. This debt issue assumes a 25- year amortiw, afion at a 6.50% interest rate with 2.00x revenue coverage of debt service. We ufli?ed a higher iraerest rate on this financing as it is further in the future and poses more uncertainty in terms of interest rotes at the time of the financing. An additional debt issue in FY 2006/2007 would allow the CRA to add capital projects in 2007 through 2009 from the additional proceeds. This scenario is summarized on the following page. Financing Alternatives the CRA determines that it would like to incur debt to fund projects, there are several financing options that we xvill anal)ze for the CRA. These include: · Bank loans · Bond issues through private placement or public offering Tsl~ically, bank loans arc mom economical for financings under $3 million and bond issucs arc mom economical for financings in excess of $3 million. However, if the CRA must issue non-rated debt, we would evalu_a_te both optiom rcgardless of sizc to determine thc most cost-cffcctivc and flexiblc structure for thc CRA. A bank or private investor with a local presence may have more understanding of the CRA's characteristics, which may be reflected in the terms available to the CRA. The credit enhancement that may be avail_able to the CRA will dramatically affect the type and cost of the financing altmmafives available. We look forward to discussing these alternatives with the CRA in greater detail as we develop a Capital Plan. 4796j 4796k Draft INVESTMENT OPTIONS RBC Dain recommends that the CRA adopt an investment policy to provide guidance and permitted mvestmems for its available funds. All public entities in the State of Florida are required to follow the State of Florida's guidelines for permitted invesanents unless such entity adopts its own formal policy. The Government Finance Officer's Association (GFOA) recxamnends that all governmental entities adopt their own investment pohcy to enhance the enfity's awareness of its invested funds and to customize the policy for the enfily's needs and characteristics. Attached is an article t~om the Governmental Finance Review, which is a GFOA publication, on mvesmaent policies and the GFOA's sample investment policy. We would be pleased to assist the CRA in creating an investment pohCY. Once a Capital Plan is developed, RBC Dam will work with the CRA to determine the suitable mix of cash and short-term investments depending on the cash requirements and timing of the project needs. Cash Managemem RBC Dam recommends that the CRA consider immediately depositing its liquid funds in the State Board of Administration's Local Government Pooled Fund to increase its current interest earnings on cash. The SBA's yield for the month of January, 2004 was 1.24%. The CRA's current Business Money Market account only .yielded 1.00% for that same time period. Following is a comparison of the CRA's recent yields versus the SBA viclds. CRA's Current Business Money Market Yields vs. SBA Month of Jammry, 2004 CRA Business Amount of Money Increased Market SBA Yield 1.00% 1.24% 0.24% 12 Months Average Ending Jammry., 2004 1.17% 1.39% 0.22% Thc SBA is a state agmcy which managcs approximately $18.1 billion in Florida govcmmcntal funds in thc pool with approximately 800 local government participants. The objectives of the Local Govemment Pooled Fund, as statcd by thc SBA, arc as follows: · Provide a short-term, vet liquid, high q~jality investment vehicle to participating local governments · Purchase securities consistent with the Florida Statutes (Ch. 215.47) · Operate the'pool as a money market-like fund using the SEC investment requirements for 2a-7 MOney Market Funds as guidance · F01krw all acco~ and reporting requirements of Governmental Accounting Standards Board (GASB) Statement No. 31 · Provide liquidit5r to the participants on a daily basis · Add incremental income by participating in securities lending program 47961 raft The following charts provide additional information about the SBA pool's asset allocation and performance compared to its benchmark: 550/0 Local Government Pool Asset Allocation As of December 31~ 2003 8% Local Government Pool Returns 10.0% l Managed Return [] Benchmark Return 8.0% 4.00/0 O.OO/o Dec-99 Dec-O0 Dec-01 Dec-02 Dec-03 12 Months Ending Short-Term Investments There are several oppommifies for the CRA to increase its investment earnings by investing in Permitted investments fbr longer-term periods, fbr example with a duration of 1-2 years. A short-term porttblio for the CRA could include investmenm such as: · Lad&red Treasury or Agency bonds * Investment Agreements such as Repurchase Agreements and Cmammeed Investment Contmets Such investments would enable the CRA to lengthen 'its maturiB, for funds which are not currently required for capital projects and increase its earnings. Laddered short-term investments help the CRA attain a market rate of 4796m Draft remm throughout all economic cycles, as securities would be maturing on a reg~fia_r basis. Investment agreemenls allow the CRA to lock in longer-term returns while allowing for permitted construction draws without penalties. Once the CRA's projects are determined, we will discuss specific investment structures to increase its returns while maintaining construction draw flexibility. CONCLUSION There are numerous capital funding and investment options available to the CRA to assist in accomplishing its economic development goals. With direction fxom the CRA on the level and timing of its desired projects, RBC Dam will work the CRA to develop a Capital Plan to most cost-effectively fund these projects. We look forward to incorporating suitable investment .types and maturities to create a complete Capital Plan for the CRA. 4796n VIII. Old Business 4797 Any person who decides to appeal any decision of the Community Redevelopment Advisory 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 city shall furnish appropriate auxiliary aids and services where necessary to afford an individual with'a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four .hours prior to the program or activity in order for the City to reasonably accommodate your request. Memo To: From: Date: Re: CRA Board Susan Vielhauer February 24, 2004 Consideration of Fa(;ade Grant for Delray Boynton Academy (Tabled). Delray Boynton Academy, located at Martin Luther King and Railroad Boynton Beach, FI., has resubmitted an appliCation for the Fagade Grant Program for consideration. The applicant is requesting $15,000.00. The property owners received three bids for the proposed building and landscaping. In addition, they have been working on improvements to the building, which were proposed by the CRA Board. The CRA Board has been given new renderings of the roof and improvements. Their resubmitted application is complete and qualifies for program consideration by the CRA Board. Staff is recommending the approval of Delray Boynton Academy Fagade Grant for $15,000.00. The Budget line item FaCade Grants has funds to accommodate the grant request. 4798 APPLICATION 4799 ~. 2002/2003 FAGADE IMPROVEMENTS GRANT PROGRAM APPLICATION FORM Boynton Beacl~ Community Redevelopment Agency Maximum Grant AmOunt is $15,000.00 (Please P~lnt o~. Type Only - Uae Aclclitiona! Sheel~ If NeceSSal'y) APPLICANT INFROMATION Name of Property Owner: Address of Property Ownen / Legal owners and legal description of the. property to be improved (please ettach copy of warranty deed end leese, If epplicable): If Different from Property Owner Name of Business: Address of Buslnes,~: ~-.-_.~. ~ d'-~ ./~. ', -.~"~-~4 ¢'/~. Lc S' ~ _. .... Phone ~ Day: ~¢~ ~'~. 3"~ Years of Operation: . Number of Employs: -. ~ Annual PayrelJ: Number of Employees residing in Boynton Beach: ~ 4800 Boynton I~eech C0mmu~ty Redevelopment Age~,3' Fagade Grant P~ogram Application accounting including invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked "paid" with a "release of lien" signed by each. Proposals for "work to be completed" or "bids" are not considered proper documentation. Each item will be Supported by a canceled ~h~ck showing the face of the check, as well as the back of the canceled check, (2) the .Applicant shall warrant that all bills related to tho Project are paid in full including, but not limited to, 'ali contractors. subcontracts, labor, materials, related fees and permits, and (3) the Application for re-lmbursement shall provide a minimum of four 3"x5" color ~during" photos and a minimum of four 3"x5" color "after" pho[os of the.Project. Photos should be from approximately the same position as the ~before" photos submitted in the APplication and the "d udng" phot~os. The Relmbumeme~t Request from the Applicant shai{ be submitted no later than the 15~ of the month for consideration by the CRA Board at its next month's meeting. Reimbursement .~hall be issued ten (10) days after approval. 4. Grant funds will be reimbursed exclusively for eligible work and approved change-orders that have been approved by the CRA. o Witness Grantees shall grant-the CHA and/or tl~e City of Bo~y~,n Beach the rigi'~l.~ and use of photos and project application mate/~J~~ (Da[e) Witness (Date) Tenant/Business Owner (Dat~) CRA Director (Date) 4801 Boynton Beacl~ Community RedevelOpment Agency Fagade Grant Program A~greernent  2002/2003 : FA(~ADE IMPROVEMENTS GRANT PROGRAM PROGRAM AGREEMENT Boynton Beach Community Redevelopment Agency PROGRAM REGULATIONS The Applicant aO~s not to alter, renovate, or demolish the new fac,~le for three years, commencing at the tirtm-final inspection by the CRA is completed. If violated by the applicant, the CRA may choose to require grant fund r~payment, enforced by property lien.. The CI~ 'will consider approval of grants for exterior improvemonts to a building which does not face a recognized street. The extedor rear of a building facing an alley way will also be considered. A minimum of three (3) Inspections bv the' CRA- are required. Those minimum CPA inspections are (1) before starting work, (2) during work and (3) final inspection. More inspections may be required by the CRA. It is the sole responsibility of the Applicant to scl~eclule inspections with the CRA and City. These inspections in no way are substitutes for required City inspections and coml311ances. The prop.arty owner, or tenant if applic,'~hln, must compiet~ the facade improvement project within six (6) months of the grant award unless the project is approved as a phased project in which case the project must be completed within six (6) months of the commencement of the final phase. Failure to complete the fa[lade improvement~ in a timely manner will result in the property owner, or tenant if applicable, losing the grant reimbursement opportunity. The Board may consider time extensions. REIMBURSEMENT R, EGULATION$ This program is designed as a reimbursement grant. That is, all work must be done and paid for by the Applicant, prior to the CRA's funds being released. The CRA will provide reimbursement to the grantee upon subtotal of a complete Reimbursement Request and approval of completion by the CRA Board, Reimbursement Request shall be summarized In a report and accempanied by proper documentation, Proper documentation wi[I consist of (1) Project 4802 I~oynton Bea~[3 Community Reclevelopment Agency Fa~:ade Grant Pc~gmm Agreement PROGRAM GUIDELINES The following gulcl.ellnes ~re intended to inform a potential grant applicant of the extent and scope of the program. The .purpose of the program is to encourage commercial property owners to upgrade their properties by improving the external appearance of their business and to encourage businesses to invest in their operations, The result will halt deterioration, stabilize property values, improve and upgrade appearance of the area, and facilitate and encourage redevelopment activity i,~ the target area. The following guidelines are appllcable to this program: The program is available only for property located within the Community Revitalization Areas of the Boyr'/ten Beach Community Redevelopment Agr~nGy (CRA). Note: See ~fllached Fa¢ade GrantArea Map. The program Is for commercial properties and businesses. The property owner must be the applicant. Howev~,r, if tl3e property is currently leased tO a tenant, then the Application and Agreement must be jointly executed by both the owner and the tenant. 3. Eligible exterio~ improvemonte for this program Include: · Painting. Shutters. Signage (located z3n the building or the property). · Awnings/canopies. · Doom/windows. · Landscaping around the building. · Irrigation. Parking lot re-paving, re-sealing, re-striping. · Exterior Lighting. Patio or decks connected to th~ building. · Exterior wall repairs (e.g. stucco, brick or wood repairs and rel3{acement). · ADA improvements. ,, Ali work [[tY.~ be in .compliance. with applicable Boynton Beach Building Codes and all contractors ~ be licensed in Boynton BeactVPalm Beech County. if the Applicant{s), installs enhanced landscaping and or signage it must be in accordance with City Ordinance No. 98-43. Maximum Grant amounts: The CRA will provide, _on_~ mimbum.e~nt .~.~j_~, a dollar for dollar matching grant for eligible facade improvements up to a total of fifteen ti~ousand dollam ($15,000.00) of CRA funds. The Fagade Grant program will honor expenditures completed up to 90 days prior to application, improvements underway and proposed 4803 ~ynton Reach Community P. edevelopm~ Agency F'agade Grant Program improvements, The Fagacle OJ'ant program may only he u~ed one time in any three year pedod for any one property, Properties may re-apply for additional'grants a~y time after three (3) years from previous grant approval. Project phasing of up to two years can be requested, Property ow[~ers may receive grants for multiple properb/locations. Applicants shall be limited to one grant per CRA budget year (October 1at to September 30th). 4804 Boynton Beach Cor~mur~ity t~edevelop~ Fa~ade Grant Program APPLICATION PROCESS An applicant seeking a project grant may secure an application from the Boynten Beach C(~mmunity' Redevelopment Agency (CPA) located at 639 E. Ocean Ave., Suite 107, Boynton Beach. 561-737-3256 An original application and eight (8).copies oi all materials at~. to bo returned I;o the Boyn~on Beach Community Redevelopment Agency l~or review and approval by the CRA Board. Applications will be c~nsiderod on a fir~t-c~me, first served basis. Applicants. muat take the necessary steps to insure that their submitted application is properly tin]e stamp~to document receipt by the CRA. Upon approval, appropriate grant program documents will be prepared in the CRA Attorney's office and the applicant will be notified of approval by futura mail. The CRA will administer the commercial exterior- t'acade program. In addition to the al~l~ropdate City inspections, the CRA will inspect the work to determine satisfactory completion o1 me work. AppiJc, ants may r~ot have any out~tandino City of Boynton Beach liens against their property. In the event that an Applicant has an outstanding City of Boynton Beaoh lien against the property, the grant will not be awarded until the complete satisfaction of the lien. Applicant shall obtain, read and understand all aspects of the Fagade Grant Program Agreement, including Program and Reimbursement Regulations. Application to this Program is no guarantee of funding. Funding is at the sole discretion or the CI'~, Board. 4805 Bo~ynton Beach Cmmmunity RedeveloPment Agency Fac,.~le Grant Pr~grarn PROJECT ~NFORIgATION Describe improvements to be done to tho property. At{.aoh the following Items: Project work write-up(s) describing in detail the scope of the project, Plans or sketches if applicable, Site plan andptant list for landscape projects, Third-party cost estimates from three (3) licensed uontractor~, Estimated time line, Evidence of financial ability_to pay log"the project (approved. loan, cash account, line of credit, etc.), A minimum of four (4) 3= x ,5" color "before" photos of the project which must include "public views', $1gnacje design with oolors & materials prot3osed if applicable, Project color chips ! material samples if applicable, And material epeclfmaflons. Applicable documents mUSt be attached for the Application to be processed. Witness (Date) Te'nanFBusiness Owner (Date) CRA Director 480d (Date) ~ioynton Beach Community Redeveiopment Agency Fagade Grant Program STATE OF FLORIDA, COUNTY OF PALM BEACH BEFORE ME, an officer duly authorfzed by law to administer oaths anti take acknowtedgementg, personally appeared produced ..... as ident~cation, and acknowledged he/she executed the feregoing Agreement for the use and purposes mentioned Jn J~ and that the instrument is his/her act and deecl. ~N WITNESS OF THE FOREGOIHG, I r~aw =et my hand and nfficiat seal in the State and County atOresa,O o,, thi, ~ cJay o~u'~C,,__,~_,~ ... 200..~, 4807 Boynton Beach Community Redevelopment Agency Fa{',ade Grant Program WARRANTY DEED AND LEGAL DESCRIPTION 4808 5,. 'page:84,' B E~iNNING, containi~g' 9216 sqUa'r~ f~[:~)'re' or less. tiib;"POINT OF ..... :~"'--~..-~. ,'.~ AND LESS AND EXcEtsT: Parcel "C", a portion ;of the. EaSt 300 feet of BI0~k "B" less the right-of-way of the FEO RailWay,, MEEKs AND ANDRES.ADDiTiON TO BOYNTON, as recorded in Plat Book 5, Page 84, PALM BEACH COUNTY' FLORIDA. More particularly described as follows: commencing at the Northwest corner of the East'300 feet of Block "B"; thence with a bearing of S d degree 37' 00" E for a distance of 73.20 feet to the point of beginning; thence East for a distance of 122.90 feet to a point; thence S 3 degrees 09' 23" W for a distance of 76.89 feet to a point; thence West for a distance of 116,5 feet to a point; [hence N 1 degree 37' 00" W for a distance of 76.80 feet more or less to [he Point of Beginning. 4809 940'1011 SAM PC DOC$~ 42SI09 PROJECT WORK WRITE UP 4810 Delray-Boynton Academy Project Description Delray-Boynton Academy is in the process of seeking approval for building a school On the southeast corner of Martin Luther King Blvd. and Railroad. We are - seeki,~ ..d.. gr~i~l lo-nTatch_ our efforts toward crea~ing ,,~, ~. ,~,,~.,, with Boynton Beach's Community Redevelopment Agency. One of our aims is to form a bond with the Boynton Beach community by emphasizing its strength, as our at-risk students are in great need of structure and a sense of familY. We feel that the best method of achieving_ this' is by aligning ourselves with the COmmunity Redevelopment Agency and building a school that meets if not exceeds the expectations of the City of Boynton Beach. It is our experience that when people are p.roud of their community, they become the pride of their community. By participating in the Facade Improvements Grants Program, Boynton-Delray Academy is not only helping its students and their families feel proud of their surroundings, but helping unite the community as a whole. It was the suggestion of a CRA board member, knowing the additional expense of renovating 'our site plans that we apply for this grant in order to enhance the exterior of our building, Boynton-Delray Academy is the eastern gateway into the Heart of Boynton Beach and the CRA felt that such a project could be approved if we augment the structure that will represent the pillar of the eastern entrance into the Heart of Boynton Beach Project. 4811 PLANS AND / OR SKETCHES 4812 THREE WRITTEN ESTIMATES 4813 SCOTSMAN Modular Buildings And More. WILLIAMS SCOTSM~ South Florida Modular Building ] 4460 Camino Real Way, Ft. Myers, F~ 941-2~ FAX 941.9: March 28, 2003 Joe Green Delray Beach Academy 900 N. Seacrest Blvd. Boynton Beach, FL 33435 Dear Joe Green: Thank you for the opportunity to speak with you ihe other day. Enclosed is general information for your review. Williams Scotsman is a national leader in modular structures for educational use. With today's technology and construction techniques, modular buildings meet all current commercial building codes and are a permanent, safe, reliable and efficient alternative to site built construction. The Williams Scotsman Modular Building Division has the resources to handle any scope of work you desire. We are State licensed Certified Building Contractors offering "turn key" services. We also have available in-house project management-and a branch office nearby with staffed service vehicles. In addition, you Can rest assured that your project is secure with the backing of the Nation's leader in modular structures. By utilizing our unique method of Concurrent Construction, we trim precious months from a conventional construction schedule. Site preparation and utilities and foundation installation occur while your structure is being manufactured in a.controlled factory environment. From manufacturing to set up and site work, Williams Scotsman retains only the industry's top employees and sub contractors. I personally have been in the business over seventeen years and would welcome the opp0rmnity tO be part of the successful completion of your building project. For more information on our group, please visit the web site, www. willscot.com and click on Modular Building Division. S in'cerely, Rodney Green Account Manager South Florida Modular Building Division RG/SFA 48i4 Delray Boynton Acade_m_y. Budgetary PHce Listing_ 6/24/05 Modular Classroom Building 112x64- Site Engineering TBD Earthwork TBD CrC Fee to Pull Permit & general'C°nditions $,90o Projeot Mana~eme/ii~ Coordination. 6,300 Modular Buildings 268,800 F~oight To Site 8,000 Buildin~ Installation a fotmdation 25,000 Sk~ag 3,500 Plumbing Connections & Runs TBD Electr/cal Cotmect/ons & Runs TBD Data and phone Connections and guns TBD Ramps, De~ks & Steps (aluminum) 10,000 S/dewalks TBD Landscap/ng and Irrigation TBD Canopies TBD F/re Protc-ctio~ TBD Alarm Systen~ TBD Notes: Site related work suoh'as cxcavarinp~ water management, parking, paving etc. can only be determined ~'~er site engineering is completed ~md approv, d by the authority having jm-isdict/o~ Williams Scotsman and owner. Permit and impact fees are not includod 'in the ahoy0 pricing and skall be paid by the .owner ~ly to the authority having jurisdiction_ Applicable taxes are not included Included in genera/conditions arc necessary temporary portable toil:ets, dumpsters and clea-ning for W/S scope of work only.. 4815 WILLIAMS 5b~J ;-~r~ ir~ ~/!~ ~,~ .,,. .... 4816 1911 N,W. l~th Pompano Beach, FL 33069 a, dvaaced Mcdul ,,r Str~ct[:re:~, :Exhtbit A Pk.one: 954-960-15o, ~%x: 954-960-0747 Delray-Boynton Academy Mr. foe C, zeen 900 N. sea~re~t Boulevard .Boynton Be~d~, FL 33435 August 15, 2003, rev. August 21, 2003, rev. Septeml>;r 2, 200:~ Dear Mr. Green: Adv~med Modular Structures, Inc. (AMS) is plea~sed tc, pr,~sezLt this proposal to supply our services to construct your school. General Building Des ezipl.ion Size: 120' x72' Type: Type VI oonstmction Roof: Urethane foam over plywood Beilding Code: -$BC 110 NEPH wind load (to: be re-certified by DCA to new requir6ments) ~oor: The Building shall cormii~t Perimeter frame, 2'"x8" steel joist, doubl~ layer ~i"' pl2wood deck New level loop commercial carpet throughout exce:pt cer~m~ic tile in ba.~s 2"x4" @ 16" on center T l- 11 siding R-I 1 insulation New vinyl covered gypsum interior Wood interior doo~ with wood frames to nam;t required fire ratings Lever, lOCking hagdwa:e and closers whe~ a~-propriate See attached floor plan Ceiling: Cabhae~s: Fire Alarm: Ncw Popcorn fimsh over drywall in rated are;a.,~ New T-grid irt other areas D0nc Monitored fire aarm system per NFPA requh'emenu Visit u.s at www.advan.>~dmodular.¢om Electric: 3 phase, 600 amp service 1:2) 100 amp interior sub-panels Oufleis @ 10'-12; on center Fluorescent lights ~rough out, new lamps, (surface mount in rated areas, recessed in others) All wLring.p~r N~C Site lighting wi concrete poles included -- Emergency lights and exit signs per code piur g: Builder grade fixtures Plastic laminate partitions Fixtures quant/ties per code requirements HVAC: Carrier roof top AC's, quantity 8 Fiberglass duct work, adjustable diffusers. Exterior walls: New .Hardi Panel (con¢~ board) siding w/stucco fir~sh l"x4" Hardi trim (conCrete bom'd) R-11 insulation with vapor barrier New Egress windows, quantity up to 20 (shtttters not included) Roof: Steel clew span c°nstruction Urethane foam over galvsnlzed Plywood deck R-14 insulation with vapor bonier Three year warranty on roof (:The roof warranty is renewable.) Site work: All necessary surveying Clear and grub Up to 1433 yards of fill Water service with hydrant if required Sit~ drainage to retention area Paving per site plan with 12" stabilized Sub.base,' 6" DOT lime rock and 1" asphalt' 2) FDOT ramps at drive Swiping and siguage as r~quired on sire only (p~inted stripes), off, ire signs not included La.udscaping per code Irrigation system and well Concrete HC ramps and steps w/steel fa/Is Up to 576 SF 0~ 4".sidewalk 429' of perimeter sidewalk v, ith curb and gutter Up to 500 SF of 6" thick sidewalk · $i~ lighting w/concrete poles included 3 phase, 600.amp service Fence around play ground a~ea w/6' g~tte Skirting w/.v~nfilation B ack fdI building perimeter Dumpster pad w/enclosure 4818 Visit us ~t ,,v .vw.advance. dmodular.com Chdfications: · Sales mx is not included in price and will be added to price,, if exemption ii n:,t p::ovided, * Any extras to the bui~dirig will be~6i/led at cost pins a 15% g::o;~s marg. ir;.. , Any extras to the site work will bo billed at exact cost ',vith no mark up.. , Advanced Modular is not responsible got unforeseen conditions such as muc:.~ or debris buried underground. · .._- ...... --.._. · Arty item not specifically~o,,,,,':-~A'~ ,,;~ ,~:,.,,~ p~p~a.Lis not included. Below is a partial list of items excluded from this quotation- Permit fees or governmental fees are capped ~.t $12,000 Soft borings and.reports FTuelephone work of any kind .' nature and fixtures unless speciftcally listetLin quo/ation Fire extinguishers AC testing and bahncing Burglar 'alarm Security or security fence during construction Renderings or ~levafions Chalk board, tack boards... Adflit~onal county requirements (hydrants, water main...) Costs associated witl't financing Builder's risk hasurance Summary: Construction of used 8,400 SF educational building to with all new finishes inside, a.nd out. The building, comes with a 1Z month warranty equal to the warranty of a new building, This proposal h~dtuies specified site work. Permi~tiug md necessary plan revisions are '~ctuded in this proposal and AMS will pay up .to $12,000 in permit fees. Total Investment: $475,000 1-he cost of the building is $250,000 and the cost of the site work including permit fees is $225,000. Prepared by, .4819 Visit us at www.advancedmodular,co'm qqfiqo 482O RUG-ii-2003 [ PRE3iI R MODULAR BUILDINGSg P. ~/05 MEMO- . ~ _Czrg_e. nfDelray Beach Academy From: David J. Daum 1/03 Re: 10,000 sq. foot school After our discussion Yesterday I felt compelled to put the following'information toscthcr for you ia hopes that you and ~e board would still, be open to considering Premier Modular lliffidings LC to. build your new school. The attached floor-plan and proposal is simply something thai I had in mind for.you from the beginning but because of.the uncertainty of the land issues I never did-forward to you as I should have I guess. Anyway, just something for you to look at and discuss with the board if you. wish although it may be a mute point now. Also, I have attached a list of some of our recent references for You to contact if you wish_ I put a * next to some that arc in your area. Also, all our contractors thai would be used on your proje.~t would be from your area as I know this Was a concern. Again, all of this might be a mum point because of your de~ision but I just thousht 1 would pass it on to you in hopes thai you could still oonsider us. Whatever your decision I do wish you the best of luck. Thank you for your consideration. 4822 I P.REMIdR MODULAR BUILDINGSF. BUDGETARy INVESTMENT ANALYSIS DELRAYBEACH ACADEMY 10,000 NOMINAL SQ. FEET AUGUST 11, 2003 BUI~DrNG OUTRIGHT COST: $288,911.00 *FINANCE ~.EASF,, RATES: 60 MON2'2-IS 84 MON2~-IS 120 MONTII-IS $6,200.00/month $4,877.00/month. $3,599.00/month' (* $1.00 buyout at end of term for full ownership of building, other, terms available upon request) On~ ~lmE Cost~: '1, DELIVERY OF BUILDING/COMPONENTS TO DELRAY BEACH ACADEMY AND LWRECTION OF BUILDING ON A PREPARED SITE $2.1,760.00 (Based on a level, accessible, and comp~ted site) (~lar~ficagions: 3. 4. 5. 6. All. above costs subject to Premier Modular Buildings, LC approval and mutualI3~ agreeable terms and conditions. Taxes not included. Proposal valid for 30 (thirty) days and subject to ch~ge due to material market conditions. Site worlq site engineering, utility cormecfions and permitting not included, 'but available upon request. Window protection, by others if required. A full scope of work and delineation of responsibilities will be provided upon notice to proceed. This proposal ii: for budgetary purposes only, and may vary due to actual specifications. The above costs are based on minimum requirements to meet the 130 MPH wind codes. Foundation is based on a standard foundation which consists of dry stack CMU'S, pre- cast base pads and no mortar.' 4823 New dr C'meom O~ee Trailert & Modul~r Buildingx 397 Taf~-Vinelaad Rd. Orb. nde, Florida 32824 · 407.888,2022 Phone ~ 407.888.2711 Fax 4824 1 }11 N.W. 15th Street -F Jmpano Beach, FL 33069 Ad v~nc~t Modular Phone: Fax: 954;96t 954-960-ut47 '---~ i~=3~T~t-Harder, City Manager of Delray Beach. I')O NW F: .Av~tiue D :lray Beach, FL 33444 N ~vember i 8, 2003 D, ~r Mr, FI. arden: mis letter is to confirm that ali required information has been submitted to the City of Boynton Beach artd is au'a/ting final approval at the December 17, 2003 City Board Meeting.' Th'is also corffirms that Advanced M ~dular was selected to perform the eonstmctioo, for the Delray-Boynton Academy with targeted completion At,ril 20(14.. - At:ached is the Site Plan Review Schedule for the City of Boynton Beach, $i~ cerely, ~ M. Willis .qdent 4825 Visit us at www,adv[ncedmodul~..com 4826 COLOR PHOTOGRAPHS 4827 fOr~:]~ -:--Eoan Commitment Lette · October 31,200 of ColdlmbJa not-for.-pr~{~Corp°~'atior~'~ender"), agrees to / ,yn on ~demy, -Inc:c~a?:,Florlda:~.'no_t~?-profit corporation conditlonS"l~elnaffer:s~t"f6~Ta'n~ :th'e'~;ad'~J~ioaal conditions set .cena t ons annexed herei.0 .. Incurred by the Borrower' .in. co~ectJon with-the-Construction Work (herei~i~er defined) to be prosecuted and completed .by the Borrower in and about the developed real property owned 'bY the Borrower as. Identified in the legal 'description attached to this letter as Exhibit A (the ~Prope.H~:);.'an.d..~(il) costs-and expenses associated With. the closing of the Loan. All expenditures .m.u. st.b._e..iappro.ved by the. Lender and must be consistent with' the budget for the Construction Work-(the 'Project Budget") approved by.the Lender prior to the closing of the Loan (the "Cl0~ing").. For purposed hereof, the term 'Construction Work" means construction of an 8,000 square foot building more fully described in the plans and specifications for and with respect to the Construction Work that will be submitted to and approved by the Lender· Loan Proceeds that wilt be used to finance the Construction Work (the "Construction Funds") shall be disbursed in a~rd. ance with the provisions of Paragraph 6 below· 'MaXimum Loan Amount: Four Hundred Thousand Dollars ($ 400,000), o~ so much thereof as shall be advanced. Term; Maturity: The t"erm of the Loan shall be ten (10) years from the first (1't) day of the first (1't) month following tl~e completion of'the Construction Work (the "Conversion Date"), which shall occur no more than six (6) months after the Loan Closing, unless maturity is accelerated pursuant to the terms hereof or any of the documents evidencing or securing the Loan (the "Loan Documents")· At the maturity date of the Loan (the "Maturity Date"), the entire principal balance of the Loan plus all accrued and unpaid interest thereon, and all other sums payable in connection With Loan, shall be due and payable in full· The Conversion Date shall occur not later than June 30, 2004. Interest Rate: 4828 1725 Eye Street, N.W., Suite 600 V/ashingtqn, DC 20006 Tel (202) 336-7680 Fax (202) ~6-7804 From the date of the first advance of Loan proceeds through and including the Conversion Date, the loan shall bear interest at a floating rate of interest equal to the base Loan Commitmen' .r.a.-t..e. of ,n;:e,r'-,:.:;l ..=,~;:tbhshsd bt, l'4.:t[io,-ml Consumer O.:>operat~ve Bank dba'National ~O.o. peratize ;.=ar:k ~:: us ,:,-e pert;e0'! ~1%) pe,' annum, adjusted monthly. The Bas -.shal! mea,~-lhe-Eh~,~e Rate of Intere.~'.-establ.ished by National Cooperative Bank iron .... ,~e · :to-tim:~; for-ltS-ccTr,merciaf loan !acili[fes,-whether such base rate of interest-is-publicly or privately anr'.¢ u,q ::ed. Any el-anf~ ~ iq such rate shall b.ec~)me effective monthly on the first day o1: each :(:--~lenc~!r ~cnth. (~n [tie f'¢rst (~'"*) day ¢',.f the first (l~t'~ month following the Conversio~ ;.ate ~'th.,) Initial Adjjstment .Date") and on the fifth (5~) anniversary of the Conversion3 Date (~;~!!:_".S~bs0qU.erit~'~_~d_J.~'~tmen. t Date"), the intere_st rate on the Ioa.__.n. shall 'be adjusted ':o be ,:-qua! t¢, the 'l.~djusted Rate." The-Adjusted Rate on' the Initial ~A.d. justment Date shall be :twc. aj3c_~]Le_~uarters percent (2;..7_5_%0) in excess of the current Weekly aw;ra~ce yield for Llnited State;s Treasury Securities having five (5) year maturities, as published on l:he las': busi{!.~ss day prior to the Initial Adjustment Date and the .S_..u'bsequer]t Adjustm~i~nt Oate,:l"esp,:':ctively, as published in document H.R. 15 (519) published by the Boai'd of Go'¢emors of the Federal Reserve System and entitled "Federal Reserve Statistical Release," or its successor publication; said rate tO be rounded up to the nearest one-eighth of one percent (1/8%). interest shall at all times be calculated based upon a 360-da:/year and aotusl days e!apsed. Payments;: During the period commencing on the Closing Date and ending on the last day of the month in which the Conversion Date occurs, the Loan shall be repaid in successive monthly installments of-accraed and unpaid interest only on the first (1't) day of-each month. From and .~f:,.,;r the C;bnversk)n Date, the Loan shall have a one hundred twenty (120) month term and shall be repaid in successive monthly installments of principal and Interest payments ca;culated pursuant to a one hundred eighty (180) month amortization schedule; provided, however, .that such installments shall be subject to adjustment as and when a change in the interest rate occurs. Such installments are payable beginn .... on the first (1) day ,3f the second (2) month following the Conversion Date. monthly petyment arnount shall be adjusted on the first (1st) day of the first (1~t) month following any partial p.ayment of the Loan to the amount necessary to amortize the then- outstanding principa~ :~alance of the Loan (after application of the prepayment, any fees, and the rnonthly payment of principal and interest which it accompanies) at the applicable interest rate over the remaining amortization term. 6. Loan Disbursement: In addition to th(; follow!rig conditions to advance, Borrower shall meet all requirements as stated in the Constructi:m Loan Agreement: a) ~401011 SAM PC DOCS# 425109 Constructicn Funds shall be disbur:sed not more frequently than once (1) per month. At least ten (10) business days Prior to the date of a 'requested advance of ~Construction Funds, the Borrower shall provide to the Lender the following, all of which must be satisfactory to the Lender: (i) a request for advance ("Requisition") signed by the Borrower, together with statements setting forth such details concerning the Construction Work as Lender may require; (ii) appropriate supporting documentation acceptable to the Lender; (iii) conditional lien waivers for the value of all services rendered and/or materials Supplied is tendered (less the final invoice amount, which may. be subject to a conditional lien waiver).. Each Requisition for payment shall be accompanied by ~= certificate in a form satisfactory to the Lender (and if requested b~/the Lender, other evidence satisfactory to the Lender) certifying that all funds received through and including the previous .Requisition have been applied to bills received for labo~- and materials originating from the Construction Work, and for other proper costs specified in the Project Budget. 4829 ...... :---'~'"";'.~.' ' . subparagra.p,h(a) above; a written c'ertification-b'fcompletlon (the "Completion .'._~..,.: i; .; ~'ertifl~ation"-)-signed ~y the Borrower.that-I~e~ons~U<~tl0n.Work-has been /i'"'.~?'L":' ?i;';'~;~i'sf~'~torily completed; (Il) the Lender. (and/or Len~"insPector, if one has been . - -' ~ ~?!~:2'-~.~-~d.'~lgna.ted) shall physiCally insPect'the Proper;ty to:CO~.fl...'.~. ~that the Construction ' ""~': "~!'~-~'i'l~' has been satisfactorily completed; (iii)the B0;fi'b~:!~:Shal! Submit to the Lende : ;;-'.-:':~-=:'.-'~"~i~'l;81~d u..n.c~nditional lien waivers 'fro.m..__atl'c~~jLerS?vhlch have - ' :.''' ..-:~p'ei'for~d.any of the Construction Work or fumlshed.-~'.~t6rfAl~i.~"cOnnection i : '"therewith:' and (jy..)J~..~-~'~'~'-~'-hall pr..~id._e to the Lehde~ s'0~', other cert'lfica_~0~., d0cumen[s, materials and/or information as the Lender reasonab'ly i'equiros to coh'fim~ .~m._.pletion of the Construction Work in accordance with the a~proved plan. and sp.~..'~'tions, the Project Budget and all applicable laws. c)' It is exPr~§~ly understood and agreed that the Lender shall have. no obligation to disbursei(~6nstruction Funds: (i) if a defau'lt exists un.der, any Loan Docu~it;'(li) if an act, event or condition shall have occurred and then be existing that with notice o~ the lapse of time, or both, would constitute a default under any Loan 'DoCument; (Iii) if the Lender is not reasonably satisfied as to the Borrower's.current financial po~ltio~'~r' determines that a material'adverse change in the'Bdrrower's financial p'o~itloh-hT~s occurred; or (iv) until the Borrower has paid In' f~l!-a"~-y"fe-e~; costs and expenses then due and payable under the Loan Documents. · ;?,!.<_ . : .--;. · . ..... . ... ,.:,: ...-LOan C° 'm tm i ............ ' .... , ~~')~_:,~rior~.to. ~e~final disbursOment.o~ Coos.~[o~'~ua~s.i,.(i).~he Borrower shall Submit ' ' ' ~::"-;;;';J:-';;;.J~;;;;~'~: { ;.: the 'Lender~ In addition to the'doCumen~s A~d~:ateHals required pursuant to 7. Fees,: a) Origination Fee ~ Four Thousand Dollars ($4,000). The entire Origination Fee shall be payable upon acceptance of this Commitment. The Origination Fee is in consideration of Lender's issuance of this Commitment and Shall be deemed to be earned in full on the date of Borrower's acceptance of this Commitment. If closing does not occur for any roason whatsoever, other than solely as a result of default by Lender in the performance of its obligations hereunder, Lender shall be entitled to retain the entire Origination Fee including the portion, if any, which is payable at closing. b) Documentation Fees - One Thousand Dollars ($1,000), payable at closing, and any other out-of-pocket expenses, including recording, filing and title fees and taxes, whether or not the Loan is closed. 8. Collateral: Rep,~yment of the 'Loan shall be secured by, among other things, a valid first mortgage lien dh certain property as identified in the legal description attached to this letter as Exhibit A, a first lien assignment of rents and leases, and a first lien perfected security interest in all tangible and intangible personal property of Borrower, including, without limitation, all furniture, fixtures, equipment, supplies, inventory, accounts, cash, contract rights, future income and receivables of Borrower, and all proceeds of all of thb'foregoing. Borrower shall execute and deliver such documents, instruments and materials as Lende~ may from time to time require to evidence or perfect its security interests in the collateral, which documents may include, without limitation, a loan and security agreement, one or more collateral assignments, a mortgage or deed of trust and an assignment of leases and rents, all of which must be satisfactory to Lender in all respects. 4830 940101[ SAM PC DOCS# 425109 !.:.. -L:.:J.;.17~-.:.-.:¢};:~ ', ' :',~s ~: ~ · ~ :-' :-~'.: . .At Loan~G,~o:~['l~;,~~ ~,e. DLe_:.(Cash._F.;_e. sen, e. ) e.qu~d to ,: . nOn~'2:~_~c_~ ~- -,"~""m~. , ' 7' '-:- .... · , .~. ~.- ,~,,,,,,,,,,,,,,,,~.. ~.,.,£~.,;~ -~ .~. ~.~,. ~ ..-. . , pr rip!p.a. I .and ,ntere~s_~t-.'p_~ .~n~e.¢_L~_.','[b] ~;is to be held In esorcw ,q an .,:x:oun!i -designated-b r .L-enderf-to~¢~ ~-L~f~er-onlym-theevent of a short4erm cash -shortfaDon-the-part:of-d-ie-B.~ ~,~.~r~e-repaymentperlod of the Loan. In lheever~t of SUciq a sh6P.-l~:~';~?~b~ ~~Z$'ha!l submit a written request ("',~eque~r') Lender within ter~ (l ¢) ~days=¢;.~e~. ~~.'te of a principal and interes': paYme'nt o.~ the ·boar,. The Reqt]e.si ;haii'P~;~ ' (/ 'mmitted future r~:ven~.es Which, realized, shall be repaid li~to_'2tli~.~ ~~tb'.the amount drawn. After elghte(! ~:;.,. - '(18) months of succ~-f~-0~r)-~'~b.1 ~.~_¢.~.~¢:~'i'~' ~e Other financial 8r'reP0rti~- coVen.a.o_t_defa:~s, the full amootit3 ¢~~'~'¢~;wilI be releas~i~ ~ i.~ '--:';'.:?i'. ............ ihe Loan may be prepaid in whole orJ~,Part.at any time.without premium or penalty. ;'-.'...,,~'.~,..;:.. ;. . . 11. Financial Oovenants: - Borrower shall submit ~ Lender annd&~¢'j.~(liln'.'.'4=2.~ .da~..'of the end ¢,f the fiscal year, a .~;~; :";~?"'7%~-'' statement of c4,mphance with financial .c~_~e~n~~if'~ng that e~ch of the-following · ;'?::~.;-:_7~ ...... ' '-- financial covenants has been met: ' =- ":: ;'-""~= '= ....... '"' ' '- a) Borrower shall maintain a Debt Service COverage-Ratio of not less than 1.10 to 1.00 in the first fiscal year of operations, ending June 30, 2004. At the commencement the fiscal year that begins on ..July 1, 2004 and ends June 30, 2005, and thereafter, Borrower shall maintain a Debt Service Coverage Ratio of not less than 1 ..25 to 1.00. For purpose hereof, "Debt ,Service Coverage Ratio" means the sum of the Borrower's net income (before extraordinary gains and/or losses), depreciation expense, amortization and interest expense divided by the sum of the Bor.rower's Current Portion of Long Term Debt and Interest expense under the Loan Borrower's ratio of current assets to current liabilities shall at all times be in excess of 1.50 to 1.00. b) The Borrower shall not, without the pdor wdffen consent of the Lender: (i) i~cur any indebtedness for borrowed money except for Indebtedness to the Lender; (ii) enter into any commitments for money to be borrowed; or (Ill) guaranty the obligations of any other person, whether direct or Indirect, by agreement to purchase the indebtedness of any other person or by agreement for the furnishing of funds to any other person through the purchase or lease of goods, supplies or services (or by means of a stock purchase, capital contribution, advance or loan) for the purpose of ~.paying or discharging the indebtedness of any.Other person, or otherwise. 12. Other Requirements: 4831 ~1-01011 8A~ PC DOCS.~ 425109 4 " Loan Commitme a) T.i'j.e~_B_o..r.£~w_.e_.r_s_h .a.!l..dellver to the Lepde.r the' following: (I) on or before the forty-fifth ('J,.?).day following the close Of each of th~ Borrower's fis~,al quarters, unaudited In"{~i~ia~ly;preP~a?ed~nanclal-statements~ (including, at a minimUm',-a statsment.of- inCOme-and-expense-with-reconciliation of-surplus and a balance sheet)¢.certified-by an au'th0r~.~:.~'~cerl of the Borrower, in such form and setting forth such details as the L,_end6r;m:'_a~.r.o.m .time .to time' require; (ii) On or before the one hundred'twentieth ('[ 20"') (Jay {6i1~!i~-~ the close of each 6f the Borrower's fiscal years, an annual audited..fin-a. Qbj~l ,'s!a[ement (!n. cluding, at a minimum, a statement of. In_c0' m .e.~a..nd exl~'~ With'r6conciliation of Surplus and a balance sheet), ~3rEIs-ared on:a !"-~- ...... Co.n.s. ol[.dat~d' basis;~in accoi'dance with .G-A,A~-;-~-~ f~'~. satlsfactoh/to the Lender in all respects and by an Independent certified accountant approved by'the Lender; and (i.ii) promptly foi!0w[n, g any req .ue,.st by the Lender, such additional information, reports and statements resPeCting the BorroweCs business operations and financial condition, the Prbperty and the other collateral securing the Loan and/or any affiliated business and Investments, as the Lender may request, in acb, ordance with GAAP, in a form satisfactory to the Lender in all respects. b) The Borrower shal[~n0t trahsfer, assign, pledge, encumber or dispose of the Property, or other collateral for the Loan or any part thereof or do or permit to be done'anythll3g to impal'r.'~e Lender's ~ecurlty or the value'of the Property or other collateral for the Loan. 13. Loan Closing: Loan closing must occur on or before December 31, 2003, time being of the essence. If the Loan does not close by thl.s date, this commitment shall automatically expire without further notice, unless otherwise specified by Lender. The closing of the Loan will be at the location specified by Lender. 14. Conditions Precedent to Closing: Closing is contingent upon, among other things, satisfaction of each of the following conditions precedent: 'a) Borrower shall have complied with all of the terms and conditions set forth herein and in the attached Standard Terms and Conditions. b) There shall have occurred no material adverse change in the financial condition or operations of Borrower since the Borrower's audited financial statements dated June 30, 2003. c) Borrower shall provide evidence of an alternative space from which to conduct school operations in the event of delays in constructing the new facility. Evidence must be satisfactory to the Lender, and shall show proof of adequate alternative space for use as a school through the end of the academic year ending June 30, 2004. 15. Standard Terms and Conditions: The attached Standard Terms and Conditions are an integral part of this Commitment. The' Standard Terms ahd Conditions shall not in any way minimize or diminish any of the requirements, terms or conditions herein set forth, but shall be interpreted so as to augment, supplement and complement said requirements, terms, and conditions. 4832 9401011 SAM PC DOC,.~ 425109 :(.;o r'un ~tm er ~ ,~ p. le s{ ..... ptan,~-[y,' ~terr-~.-~:-'" - bY Lerlder' on or 4833 9401011 SAM PC DOC,.q.~lt 425109 6 IX. New Business 4834 Any person who decides to appeal any decision of the Community Redevelopment Advisory 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 city shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the City to reasonably accommodate your request. Memo To: From: Subject: Date: CRA Board Douglas Hutchinson Consideration of Revised Direct Incentive Program February 26, 2004 This is the newest revision for our Direct Incentive Program. You have seen this concept almost a year now. This draft does have some re-writes to clarify the process. I will say that this issue is the major issue facing US housing today. This issue drives sprawl in Palm Beach County. The CRA can build on this Program with matching sources. I recommend that the CRA step forward with this amendment to assure a livable, mixed income CRA Redevelopment Area. 4835 DRAFT City of Boynton Beach Community Redevelopment Agency Direct Incentive Program Revised 2126/2004 The Boynton Beach CRA seeks to encourage large-scale projects, which define new markets, quality, innovation and character in the CRA area. It is recognized that many times these benchmark projects require new and untested market assumptions, which have no local comparable. This condition often requires market support to make the projects feasible in the early years. Accordingly, this Program is focused on support for qualified, benchmark projects during their initial stages. As defined by the focus of this Program, projects which directly compete with existing projects, or that do not open new markets or that do not set new higher project quality standards in the view of the CRA, may not receive maximum consideration. The dream of home ownership or affordable housing rental is on the brink of becoming an endangered species for many American families. The dream is becoming elusive because many moderate income families cannot qualify for a mortgage or afford the monthly payments. Wages are insufficient which puts these families 30% over the 4836 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program 2/26/04 Page 1 of 19 required 32% average house payment to income ratio. A rapidly growing population, flat growth of incomes and growing housing prices are some of the variables that have contributed to this new reality. In response to this emerging plight, many programs have surfaced under many names: Work Force Housing, Affordable Housing, Low Income housing, etc. Whatever the labels attached to such programs, the common underlying trend is the attempt to make housing affordable to the moderate to median income level population. Boynton Beach and its residents are not shielded from this plight. In light of the recent redevelopment, and real estate appreciation approaching 14% annually, the challenge of Affordable Access Space is an immediate reality. A common misconception is that this issue of affordability is only residential and one dimensional. Traditionally, when faced with an aggressive redevelopment plan, cities use Iow income housing as the only measure of the total aid which they provide to the displaced. Little or no thought is given to the local business community. Many times the local flavor of most cities disappears when the unique local business base is displaced. New space rent rates can cost many times more than pre-redevelopment rates. Survival of a downtown business in a redeveloped area is contingent upon gradual increase in overhead not an immediate and drastic increase in their fixed costs. It is a proven fact that it costs less to keep a quality customer than it costs to secure a new one. The same premise could be applied to the concept of keeping the quality businesses that currently exist in a pre-redevelopment area. While new businesses are attractive, it will take them time to build a customer base and a loyal following. The opposite is true of the existing businesses that already have brand loyalty. An Affordable Access Program rewards a developer for making available a percentage of the project at below market rate to create an opportunity for a local business with its built-in customer base to remain is a win-win solution. 483? City of Boynton Beach Community Redevelopment Agency Direct Incentive Program 2/26/04 Page 2 of 19 In an effort to provide a more comprehensive community benefit program, the CRA Direct Incentive Program requires an Affordable Access component be addreSsed by applicants. This Incentive Program seeks to better the public elements in private development projects therefore; projects having a site in excess of 87,120 square feet (two acres) are required to have "Public Amenity" elements (sidewalks, alley and streets do not qualify.) These elements will be considered as part of "Project Quality" scoring. Projects will be scored by Program Criteria, which is defined in the Program Guidelines. The Project's score wili determine how much, if any, of the eligible incentive the Project may receive. APPLICATION TO THIS PROGRAM IS NO GUARANTEE OF FUNDING. FUNDING IS AT THE SOLE DISCRETION' OF THE CRA BOARD. 4838 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program 2/26/04 Page 3 of 19 TABLE OF CONTENTS I. PROGRAM GUIDELINES Page 5 II. PROGRAM SCORING CRITERIA Page 6 III. PROGRAM ADMINISTRATION Page 8 IV. INCENTIVE PROGRAM APPLICATION Page 12 V. CRA NOTES & BOUNDS Page14 VI. MAP AND BOUNDRIES Page16 VII. CONTACT INFORMATION Page 19 4839 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program 2/26/04 Page 4 of 19 PROGRAM GUIDELINES SUMMARY . The Project must be in the City of Boynton Beach CRA Area as defined at the time of application and approval by the CRA Board. The Applicant must be the majority owner (the owner having the greatest percentage of ownership) or authorized agent of the majority owner in the Project. e All property taxes, fees, city/county liens owed by the Applicant must be paid and current. · The Project is required to be over $2,000,000 in projected new assessed taxable value upon completion. However, projects in the Heart of Boynton area need only exceed a threshold of $500,000 for consideration. · The Project's projected total annual economic impact to the City (after completion) as projected by using RMS Economic modeling standards, shall be a minimum of 20 times the corresponding year's incentive dudng the incentive period. This impact analysis is waived in the Heart of Boynton area. e The Project shall contain Affordable Access elements sufficient to score a minimum of 2 points to qualify for any incentives. Projects having a site in excess of 87,120 square feet (two acres) are required to have "Public Amenity" elements (required sidewalks, alley and streets do not qualify.) These elements will be considered as part of "Project Quality" scoring. e The duration of the incentive shall be no longer than 10 years. . The incentive will generally not exceed 50% of the CRA TIF revenue directly generated by the Project during the incentive pedod. · No incentive (in any one year) shall exceed 75% of the new annual TIF revenue directly generated from the Project for that year. · Projects may be phased; however each phase must meet program thresholds. · Projects must score at least 50 points on this application to qualify for incentives. 4840 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program 2/26/04 Page 5 of 19 PROGRAM SCORING CRITERIA · Project Size (total new assessed value) (up to 20 pts). For the purpose of application scoring, the new assesSed value projection shall equal the Project's projected appraised value (established by third party appraisal or feasibility study) minus any proiected homestead exemptions, times 90%, minus current assessed value of the Project site. 1. $2,000,000 to $9,999,999 (5 pts) 2. $10,000,000 to $24,999,999 (10 pts) 3. $25,000,000 to $49,999,999 (15 pts) 4. $50,000,000 plus (20 pts) Heart of Boynton Area (only) 1. $500,00 to $999,000 (5 pts) 2. $1,000,000 to $1,999,999 (10 pts) 3. $2,000,000 to $2,999,999 (15 pts) 4. $3,000,000 plus (20 pts) · Type of Project (up to 20 pts) - Preferred use criteria. Evaluation of the Project is based on its consistency with redevelopment plans and its appropriateness within the overall economic context. Depending on location, additional consideration will be given to the following uses. 1. Mixed uses with residential component 2. Mixed uses with office component 3. Hotels/Conference Centers 4. Multi-story professional-retail buildings (business and financial services) 5. Medical & Health care services 6. Multi-story office-retail only buildings with the following type of retail tenants: a. Restaurant/Specialty Foods b. Entertainment c. Art galleries d. Apparel 4841 e. Gift Shops/Decorative Arts/Specialty Stores/Boutiques City of Boynton Beach Community Redevelopment Agency Direct Incentive Program 2/26/04 Page 6of19 7. Retail only buildings with a minimum of four tenants (from the above list) 8. Multi-Family fee simple ownership units - (Heart of Boynton area only) 9. Stand alone Live/Work configurations (rental or fee simple), (Heart of Boynton area only) · Project Location (up to 20 pts)- Must be within the CRA area. 1. In the CBD District or on Federal Highway South of C16 Canal & North of Woolbright, Boynton Beach Blvd. from the Intracoastal to 1-95 or on Ocean Ave., (Projects in these areas are high impact and have the highest visibility). (10 pts) 2. The Heart of Boynton area - (20 pts) · Economic Impact- (up to 20 pts) 1. Projected Economic Impact over the incentive period of 20 to 49 times the incentive - ( 5 pts) 2. Projected Economic Impact of 50 times the incentive or more - (10 pts) 3. Economic Impact Studies are waived in the Heart of Boynton area and assigned 20 pts. · Affordable Access Incentive (up to 20 pts) (Mandatory Minimum Score of 2 pts) 1. Scoring (See Scoring Graph) Single Use Type of use Score Two Uses Type of use Score Type of use Score Three Uses Type of use Score Type of use Score Type of use Score Total SCore 4842 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program 2/26/04 Page 7 of 19 Project Quality - (up to 40 pts) 1. Point allocation based on project architecture, landscape features, public amenities, innovation, quality, overall contribution to the Community, etc. Project sites over 87=120 square feet (two acres) are required to have public amenity features. PROGRAM ADMINISTRATION Upon approval by the CRA Board and completion of required documents and execution thereof, the program will be generally administered as herein outlined. Specific guidelines will be contained in final program contract documents. Establishing the Project's New TIF Revenue Eligible for Incentive: The Annual TIF Revenue eligible for the Direct Incentive Program shall be established by subtracting the tax revenues received in the year the agreement is approved and signed for the project site(s) from the actual new annual revenues received by the CRA. This new revenue increment is then multiplied times the Program's Incentive Percentage. The Incentive is calculated each year based on actual tax revenues received. Establishing the Projected Incentive Percentage: Each completed Application will be scored by the CRA Board in a public meeting. Point scores by the CRA Board members from each of the six criteria elements will be individually averaged. The averaged element scores will .be added together to determine the total application score. This score will be expressed as a percentage; the "Project Score Percentage". This Project Score Percentage is then multiplied by the Incentive Program Percentage of 50%. The Incentive Program establishes 50% as the maximum percentage of direct project TIF Revenues available to the Applicant. This resulting percentage is the Incentive Percentage. For example; a Project Score of 100 pts or more equals 100%. The Project's 100% is multiplied by the Program's maximum Incentive percentage of 50%. The resulting 50% is the Project's Incentive Percentage. City of Boynton Beach 4843 Community Redevelopment Agency Oirac{ Incentive Program 2/26/04 Page 8 of 19 Example #2:70 pts scored by the Project equals 70% of the 50% for a 35% Incentive Percentage. Establishing Annual Incentive Amount: The Project's Incentive Percentage is multiplied times the new net TIF Funds received annually by the CRA which are generated by the Project to yield that year's Cash Incentive Amount. Note that incentives are defined as percentages of the new TIF revenue increment as it is collected by the CRA, therefore, any dollar figures calculated prior to project completion and its listing on the tax roll', are only estimates. Establishing Annual Incentive DisburSement Amounts for the Incentive Period: The incentive shall be normally disbursed in ten (10) annual installments after required actions have been completed by the Applicant, unless incentive funds are to be paid prior to Project Completion. The Project Applicant may request that the Incentive be "Front Loaded" to respond to eaHy Project needs. Generally, if approved, Front Loading will begin in the first year that tax revenues are received by the CRA. A Front Loading request for this Incentive Program does not mean funds loaned to the Project prior to completion and tax enrollment. The method of calculating "Front Loading" will be to project the ten year TIF Revenue to the CRA based on the first year's assessed property tax revenue times the Project's Incentive Percentage (Generated by the Project's score received from the CRA Board). The Annual Incentive Amount is adjusted to follow the "Front Loading" percentage schedule. The Front Loading Formula is: 75% first year and second years, 60% third and fourth years, 50% fifth and sixth year, 40% seventh and eighth year, and 25% ninth and' tenth years. The percentage shall not exceed 75% of the new increment tax revenue for any single year; however, the cumulative incentive shall not exceed 50% of the new assessed increment's tax revenues over the entire incentive pedod. The taxable value is monitored annually prior to the incentive award to assure that any movement in value will be reflected in the calculation. 4844 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program 2/26/04 Page 9 of 19 Incentive Disbursement Schedule: The Earned Incentives will be dispersed no later than April 1st of the year following the corresponding tax year. Affordable Access Incentive: The following are definitions for the Affordable Access Incentive Elements: · Affordable Access Incentive rewards Projects for below market access by the public to a defined portion of the Project. The Affordable Access Incentive shall be scored by analyzing the amount of Project's set aside area eligible for discount pricing. The ratio of the Project's set-aside area and amount of discount will be plotted on the CRA Project Scoring Graph for Affordable Access to determine points scoring. Uses shall be defined by three basic categories. Those uses shall be Residential, Commercial and Retail/Restaurant. Each use shall be scored separately for Affordable Access (amount of area and amount of discount) and analyzed using the appropriate matrix graph corresponding to the number of uses contained in the Project. Projects containing mixed uses shall have the Affordable Access Scores for each use added together for the Total Category Scoring. The Project must score at least 2 pts in this Affordable Access category to be eligible for Direct Incentives. The maximum number of points for this category of the Direct Incentive Program shall be 20 pts. · Project Set Aside Percentage shall be defined as the area (square footage) available for market discounts divided by the total area (square footage) in the Project for the same type of usage. · Market Pricing shall be the average actual or projected market or retail price per square feet for each of the uses within the Project. · The Discount Percentage is figured as the discounted pricing per square foot offered by the Project divided by the average rental or sale rate per square foot of the like-kind area within the Project. 4845 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program 2/26/04 Page 10 of 19 Administration of Affordable Access Program by Project Owner. The Applicant shall be required to qualify beneficiaries for the Affordable Access Spaces and report annually. The Project Applicant must qualify beneficiaries for the term of the requested Direct Incentive Program (up to 10 years), 1. Residential Rental and Sales (must be one of the following to qualify) a. Residential Rental- Individuals or families with household income ranging from a "Low Income of 80% Median Income to 120% of Median Income" for Palm Beach County as defined by HUD for the year that the Incentive Program application is approved. b. Residential Sales - Individuals or families with household income ranging from a "Low Income of 80% Median Income to Income 120% 'Median Income" for Palm Beach County as defined by HUD for the year that the Incentive Program application is approved. Unit Pricing for Incentive Units shall be priced so that buyers are able to qualify for unit purchase. Qualifying Income Percentage for home ownership is defined as 32% of the gross monthly income. The purchaser must keep the unit for a minimum of 36 months or pay any profit above the original Purchase cost plus a 3% annual inflation factor back to the CRA Program. The unit must be the primary full-time residence of the qualified buyer. 2. Commercial Rental, Retail or Restaurant (must be one of the following to qualify) a. Majority of business ownership owned by people and/or a corporation within Palm Beach County (business and/or franchise ownership). b. Existing business located within in the Boynton Beach CRA District. c. New local business with business owner(s) living in Palm Beach County. d. Minority Owned Business as. defined by SBA 8a Standards. 8a Business Ownership can be located locally, regionally or nationally. e. Affordable Access Restrictions run for the duration of the Incentive Program. 4846 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program 2/26/04 Page 11 of 19 Direct Public Amenities: Public amenities are defined as areas that have unrestricted public access for the life of the Project. Physical improvements that .may qualify are very broad to encourage project design innovation. Specific items which will not be considered as contributing public areas for scoring are sidewalks (10' wide or less), roads, utility R.O.W.s, alleyways, items solely required for safety/emergency access, etc. Public area designation shall be clearly identified by the Applicant on the Project's Plan. Their ultimate acceptance as qualified "Public Amenities" is solely at the discretion of the CRA Board. The public area information will include an element narrative description, a proposed structure for setting aside the area for the public use, area layout plan with square feet, cost estimates for construction, maintenance programs (at no public cost), etc. Public amenities must be set-aside by deed covenant and/or in Property Owners Association Declarations and/or other legal documents acceptable to the CRA. INCENTIVE PROGRAM APPLICATION The following information shall be compiled in a loose-leaf binder, tabbed and labeled to correspond with the following section headings. This information package is the Program Application. The Application shall be forwarded to the CRA Office with a formal "Letter of Request" containing a narrative of the Project, reason for request, justification and a summarizing the highlights of each of the following sections. The letter should be signed by the applicant or authorized agent and be accompanied by 12 sets of the completed Project information (Electronic documents on CD are encouraged). · Project Applications shall be screened and reviewed by staff for completeness and non-subjective categories scored. · Staff or a selected Review Committee shall provide pertinent comments on the Project. 4847 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program 2~26~04 Page 12 of 19 · The review period shall not exceed forty-five (45) days from the date of the submittal of a completed Application. On or before the end of the 45-day pedod, staff shall either forward the Application, their findings and recommendations to the CRA Board for consideration at the next regularly scheduled meeting or request, in writing, that the Applicant provide additional information (A copy of the staff or Review Committee recommendation will be forwarded to the CRA Board and the City Commission/City Manager). · Upon consideration by the CRA Board, the Board shall take one of the following actions: Approve, table, modify or reject the Application. The Applicant shall be notified in writing as to the Board's decision within 5 days. If the Application is denied, the Applicant may resubmit a revised Application for reconsideration. Note that any direct or indirect lobbying of the CRA Board will result in disqualification of the Applicant from the program. Project Information: · Applicant Information 1. Applicant (Majority Owner) Name. 2. Listing of Owners by Ownership Percentage. 3. Applicant Address, Phone Number(s), Fax, Email Address. 4. Contract Person's Name, Title, and Contact Information. 5. Attach a Brief Resume on the Applicant and Principals (Exhibit "A"). · Project Information 1. Project Description (One Page Narrative) · Project Location · Size - area and appraised value · Zoning · Uses (commercial, residential, mixed use, etc.) · Square Footages of Uses · Amenities · Features - construction finishes & materials, colors, etc. Plans (if not previously CRA approved) - site, floor, elevations, landscape, colored renderings, etc. (Exhibit "B") 4848 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program 2/26/04 Page 13 of 19 3. Project Status (for example, has the project been submitted for Initial Site Review, Site Plan APproved, Permitted, etc.) 4. Project Timetable with Projected Dates. 5. Feasibility Study Summary - (A copy of the study's summary conclusions dated within the last six (6) months prior to the date the application is filed with the CRA office.) The study must be completed by an experienced third' party firm. The Study shall be based on appraisal, market conditions, comparable projects, financing and all factors affecting the development of a -stand-alone project, without the inclusion of incentives. Property value and inflation increases shall be no greater than 3% annually. 6. MAI Appraisal Summary - (A copy of the appraisal's summary conclusions dated within the last six (6) months prior to the date the Application is filed with the CRA office.) MAI Appraisal of the current land and any improvements as is and the Project's projected value upon completion. 7. Economic Impact Study - (A copy of the study's summary conclusions dated within the last six (6) months prior to the date the application is filed with the CRA office.) The study must be completed by an experienced third party firm. The analysis shall forecast CRA and City economic impacts, specifically including CRA TIF revenue forecasting using RMS standardized economic models. This study requirement is waived for projects in the Heart of Boynton area. 8. Affordable Access Commitment and Calculation. Define each usage Set Aside Area and define Market Discount Pricing. 9. Public Amenity Feature - Projects of 87,120 square feet (two acres) are required to provide a "Public Amenity Feature" (sidewalks, alleys and streets do no qualify). Highlight the feature design, placement, cost, etc. The request for incentives and application, if approved by the CRA Board, becomes an integral component of the Incentive Agreement, including but not limited to other requested information from the CRA, therefore great care should be taken to seek the most accurate projections possible for the Project. 4849 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program 2/26/04 Page 14 of 19 The approved Incentive Agreement may be assigned with the formal, prior written approval from the CRA Board of Directors. 4850 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program 2/26/04 Page 15 of 19 MAP AND BOUNDRIES 4851 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program 2/26/04 Page t6 of 19 Area 4852 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program 2/26/04 Page 17 of 19 4853 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program 2/26/04 Page 18 of 19 CRA CONTACT INFORMATION CRA Director: Address: Fax: E-Mail Houm: Douglas Hutchinson 639 E Ocean Ave, Suite 107 Boynton Beach, FI 33435 561-737-3256 561-737-3258 hutchinsond~,ci, boynton-beach.fl.us 8:00 AM - 5:00 PM Monday - FHday 4854 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program ?J26/04 Page 19 of 19 Memo: To: CRA Board From: Douglas Hutchinson, CRA Executive Director Re: Consideration of the Business Genesis Program Date: February 26, 2004 The Business Genesis Program is ready to move forward. The demand has been . overwhelming for this Program. Staff has fully restructured the operating plan. The plan uses two Selection Committees to identify both the volunteer mentors and to select the first year's Business Genesis Participants. Paid consultants have been repiaced with volunteer mentors. Program Partners are the Chamber, FAU & FAU Cure. The CRA is the coordinating body and sole funding source. Additional grant and sponsorship funds may be secured, however, are not considered in budgeting at this time. Our current budget has funding for this-proposed Program. The Program includes a Development Fair to bring together CRA Area developers with Boynton Beach business owners. The goal is to ensure local businesses have a significant presence in the CRA Area redevelopment projects. Staff would like to move forward with the Program execution. 4855 BOYNTON BEACH CRA AREA BUSINESS GENESIS PROGRAM 4856 Revised 2125104 Business Genesis Program Page 1 of 35 Business "Genesis" Program Premise: The "New Urbanism" many times lacks the reality of providing for basic needs that were traditionally found in historic downtown "Main Street" urban centers. These needs have been pushed aside for boutique shops, national credit tenants, high-end services, and up-scale restaurants. Often the small, local businesses which used to deliver needs-based products, services and more importantly the charm and unique character of the community are removed from redevelopment areas in favor of outside boutique stores and services. Further, many times cities' development codes for "New Urbanism" in redevelopment areas exclude manY "Needs Based" businesses instead of creatively incorporating them into the new redevelopment fabric. The trend to remove local existing businesses is fueled by the fact that many of those businesses affected by redevelopment do not evolve with redevelopment market trends. Therefore, the two-fold impact of physical redevelopment, the change embedded in the "New Urbanism" trend, and lack of response by existing "Needs Based" business creates an unfavorable economic environment in which these businesses cease to exist. As a result, the redevelopment area has plenty of high-end restaurants and shops, but is left lacking in basic services to support a truly viable and sustainable urban city. It is now acknowledged by many planning practitioners, developers and communities that these very businesses are the necessary comerstones for a successful redevelopment effort. It is a proven fact that it costs less to keep a quality customer than it costs to get a new one. The same premise can be applied to the concept of keeping the quality businesses that currently exist in a pre-redevelopment area. VVhile new businesses are attractive, it will take them time to build a customer base and a loyal following. The opposite is true of the existing business as they already have brand loyalty. The Business Genesis Program therefore will provide a substantial benefit not only to the local existing businesses, but also to the developer and the community. 4857 Business Genesis Program Page 2 of 35 Economic realities and strategies must address the issue of economic feasibility from both the business and developer/landlord perspectives. Economic concepts for enabling retention in redevelopment areas are: · Business Genesis Program: The Business Genesis Program has been created to make businesses more profitable to, in part, be able to pay higher rental rates found in Redevelopment Areas. · Direct Developer Incentives to provide below market rental rates: New space rent rates can cost many times more than pre-redevelopment rates. Survival of a downtown business in a redeveloped area is contingent upon gradual increase in overhead; not an immediate and drastic increase in their fixed costs. The CPA's Direct Incentive's Affordable Access elements reward developers who make available a percentage of the project at below market rate, thereby creating an opportunity for a local business to remain and/or be created. · Economic Development Grants: Grants for capital improvements have been secured to reduce overhead costs.. The Development Regions Grant Program, which is a matching grant Program through the Boynton Beach Community Redevelopment Agency and Palm Beach County Economic Development Office, is designed to stimulate economic growth and increase business opportunities. The project must create jobs which will improve the quality of life for local citizens. Eligible business projects are start-ups or existing businesses which are involved in relocation and/or expansion, plans to purchase/lease/occupy/build or renovate property and to hire new and/or retain employees. The applicant can apply for reimbursement for the following eligible activities: acquisition of real property, construction, renovation, site development cost, impact fee payment, machinery/equipment and public improvements such as parking, lighting, beautification, infrastructure and a fac,,ade Program. Business project owners must match the County and CRA funds. County funds cannot exceed 30% of the project cost and the CPA funds are a minimum 15% of the project cost. Each project must create permanent full-time/equivalent positions and maintain jobs for a 'minimum of 24 months. Each project may request $20,000 in grant funds ($10,000 County and $10,000 CPA) for approved project uses per each full-time/equivalent job created. The Program has a maximum combined grant total of $100,000 per application. Special Loan programs: Sources will be identified for lending sources supportive of the Business Genesis Program. The banking and investment community will be bdefed on the Program's mission and participants' potential needs. 4858 Business Genesis Program Page 3 of 35 Mission: To create a Mentodng Team of highly qualified/successful/active business professionals to one- on-one counsel a targeted group of interested local businesses. To facilitate and encourage business development for improvement of core competencies of existing businesses in the Central Business District and the Heart of Boynton District to ensure that they can surVive and flourish once proposed redevelopment for the area is a reality. To create a Program that measures the impact of redevelopment on local, existing, "needs based" businesses before, during and after redevelopment activities. Goals: · To increase the surVival rate of existing and "needs based" businesses in the Redevelopment Area. · To provide'businesses with the tools and resources necessary to compete successfully with the new companies that are typically attracted to a redeveloped area. · To provide accurate data reflecting the effect of CRAs on redevelopment neighborhoods (historically not measured). · To provide the Business Genesis Program consulting resources free of charge to participants. · To provide impact findings as a benchmark to organizations nationally. 4859 Business Genesis Program Page 4 of 35 Genesis Operating Plan Program Description: Business Genesis Program is proposed as a Business Development Program that has two functions. The Program is first concerned with the maintenance and survival of the existing businesses in the areas targeted for redevelopment. Secondly, the Program will generate data for a realistic assessment of how redevelopment truly affects local businesses in the CRA areas. In light of the proposed redevelopment of the CBD and Heart of Boynton areas, the business development program is designed to identify the strengths and weaknesses of individual businesses and design tools that, if followed, will help to secure a future in the area and compete effectively with new businesses that reloCate to the area. It will assist businesses to develop an awareness of changing trends, demographic needs and help to .capitalize on opportunities created by the impending redevelopment. The Program by design, funding and implementation will be a joint venture among several partners. Some partners that have initially been identified are the Boynton Beach Chamber of Commerce, Florida Atlantic University CURE (Center for Urban Redevelopment and Education) and The Small Business Association for Micro Business. The Partners will serve as a conduit for qualified and interested Business Mentors as well as provide selection panelists. Florida University CURE will bring to the partnership the ability and the technology to analyze and quantify the program data. They have also been identified as a source for Graduate Interns who will assist the selected businesses with the hands on logistics of implementing the programs recommended by the Business Mentors. The Small Business Association and FAU CURE will also serve as an additional resource for the Businesses who have been identified as needing traditional business training. These organizations have existing business training programs that have a proven track record. 4860 Business Genesis Program Page 5 of 35 The Boynton Beach Chamber of Commerce will be a resource of successful Business Mentors to help small and emerging businesses downtown and in the Heart of Boynton area. In addition, the Chamber will help choose mentors and assess business surveys to select the round one Business Genesis participants. The Chamber will also help to identify and secure other business resources, classes, etc. for the Program Participants. The Chamber will aid in the design and implementation of the Development Fair which is an event to introduce local businesses (in the entire Boynton area) to CRA developers in an attempt to showcase opportunities in the redeveloped CRA Areas and to introduce businesses to the projects coming on line. The CRA Director and Staff will serve as the coordinating body for the Program. Along with the development and maintenance of Program documentation, the CRA will serve as a liaison among the Partners and mentors. The CRA will be a matching funding source of sponsorship and grant dollars. The logistics, as it relates to the operating of the program, will fall under the responsibilities of the CRA. Those responsibilities will include: three positions (the CRA Director, Administrative Assistant and Volunteer Board Member) on the Business Mentors Selection Panel, providing three positions (the CRA Director, Administrative Assistant and Volunteer Board Member) on round one Business Genesis Participants Selection Panel and maintenance of the electronic tracking system used by the Business Mentors to document their one-on-one activities with the Program Participants. The CRA shall market the Program, seek Sponsorships/Grants/Matching Funds and Resources and be the Public Relations Partner. Selection of Business Mentors: The CRA Staff, Chamber of Commerce, FAU and FAU Micro will seek Mentors from the region and gather background resumes and references from perspective participants. The Selection Committee of seven (7) for the Mentors is proposed to be comprised of one CRA Board Member, two CRA Staff, the Executive Director of the Boynton Beach Chamber, FAU/FAU Micro and the President of BODA At the invitation of the Selection Committee, interested persons would submit a letter of interest citing their qualifications and the reasons he or she feels inclined to be a mentor in the Program. Third party references and recommendations will be required. 486]. Business Genesis Program Page 6 of 35 The final mentodng team will reflect a group of innovative thinkers who understand that it is cdtical to approach this project from a non-traditional scholastic approach. Selection of the Business Mentors is based on years of experience and their insight on many levels of business operations. While it is worth mentioning that the team will rank among the best as it relates to success as a business owner, background and credentials, what is most significant is their record of accomplishment of business results. Teams will be created based on the area of specialization of each Mentor. This will ensure minimal duplication of efforts and that all the areas of need identified by the survey are addressed. Business Selection Plan: The Business Genesis Program is targeted towards a select group of businesses in the redevelopment area of the CRA (see map). A detailed list of all businesses in the target area has been compiled (attached). These businesses will be surveyed to gather basic data, determine their business concepts, future goals/direction and willingness to participate. These surveys will be completed With assistance from the Program's Business Mentors. The surveys will be assessed based on the list of criterion to generate a "short list" of the prospective first year participants. The criteda are as follows: · The business may be an existing or start up small business. Business must be located in the CRA area. · Business location in BODNCBD and HOB Area. · Business located in Buildings to be removed. · Businesses that serve, match or enhance the future of their area as defined by future use tables from the City of Boynton Beach appropriate to each specific area. · Locally owned businesses (Majority ownership resides in Palm Beach County). · The business is not a franchise entity. · The business is a small business which for this Program shall be defined as having no more than 75 employees and $5,000,000 in gross annual revenues. · Business commitment to participate. 4862 Business Genesis Program Page 7 of 35 The businesses will be interviewed for final selection by a Panel consisting of the CRA Director, the Program Manager, one CRA Board Member, FAU, FAU Micro Business Program, the Chamber of Commerce Executive Director and the Program's volunteer Mentors. The first group of business finalists will be set not to exceed twenty (20). The final list is anticipated to be from ten (10) to sixteen (16). Since the success rate of the participants will be critical to future Program continuation, the CRA's preference is to work with a smaller group to ensure that the Program's funding effort is spent in the most effective manner. Several constraints dictate that such a focused group should be used for the first year of the Genesis Program. First, limited initial funding will affect the Program size. Second, the Program is designed for Program Business Mentors to spend quality time; "one-on-one" with the businesses. Thus, a smaller number of participants will make it possible for the Business Mentors to spend more time with the owners and be more responsive to their needs. To maximize the business mentor's time and other limited program resources, graduate level interns will be available to assist the businesses with more time- consuming projects. Program Consulting Delivery Concepts: Historically, many of the existing Programs available to businesses require time away from their place of business on a regular basis and provide no assistance in solution management and implementation. The Program's highly experienced Business Mentors are "hands-on." They are expected to develop close bonds with the participants. The Mentoring Team may suggest the participants attend workshops, existing Programs and/or other available resources in support of their business's growth; however, the primary focus of the team is to bring significant insight and analytical tool sets to the business, which are normally unobtainable for small niche entities. This comprehensive strategic vision provides the participants with concepts, knowledge, solutions and the ability to execute; thereby not only being a success, but also becoming a result orientated business over achiever. The businesses will be required to spend a minimum of two hours per month with team Mentors. The Business Mentors shall meet monthly with each participant; this may be one or more team 4863 Business Genesis Program Page 8 of 35 members at a time. Business Mentors will have hours available for contact at a minimum of two days a week and at approximately two hours per day or as hours are needed. Once a month, a one hour roundtable meeting will be held with all participants and Mentor Team members to exchange success, failures and things learned over the past month. The Mentoring Team will track the business's progress and develop in conjunction with CRA staff and FAU interns a confidential electronic data file on each participant. This will better direct team member resources and serve to evaluate overall Program success. The team members will meet monthly to review, update, and add to the participant's file. This meeting will be held just prior to the monthly roundtable. Participant Commitments and Requirements: Each participant, after the initial meetings with the team members, will be assisted in developing a strategic vision and establish measurable goals. The business's beginning reference points and end points will be recorded and analyzed for evaluation of the project's effectiveness. Monthly meetings to review these indicators will help direct Business Mentors, resources, etc. Businesses that do not, in the opinion of the Mentoring Team and the Selection Committee, sustain a concentrated effort will be dropped from the Program. However, the team shall make every effort to encourage continued participation and will document its concerns and attempts to remedy. A participating business shall demonstrate the following: · Requires willingness-to openly share confidential information with Business Mentors. · Boynton Beach Chamber Membership and/or Boynton Ocean District Association Member (If location is within BODA boundaries). · Proper time management to meet with the Mentoring Team each month. · Be open to act on recommendations from the Team. 4864 Business Genesis Program Page 9 of 35 Program Phasing and Scope of Work per Phase Phase I. Design Surveys: (Completed) The initial business survey has been designed by the CRA Staff to identify current effective and ineffective trends, overall performance, and needs of each business. Target area businesses shall have one-on-one assistance by the CRA to ensure completion if needed. CRA Staff and the Program's Partner will develop a Program Evaluation format to measure Program Elements. The Program will be evaluated at different junctures of the Program's life cycle to provide "mid" point analysis of impacts better tract impacts. Program Evaluation Periods · Current Status · Year One · Year Three · Year Five Phase I1: Participant Survey Analysis and First Year Participant Selection (1 month) This phase of work will entail the compilation of the data from the completed business surveys with a summary of results to be completed by staff and intems within three weeks of the proposed response deadline. They will be ranked as to the Program participation criteria and general business aspects by CRA staff. This ranking will be reviewed by the Selection Committee and Mentoring Team. The final twenty will then be asked to complete a Phase Two Survey (attached). After evaluation, ten (10) to sixteen (16) Participants wilt be selected by the Selection Committee and the Mentor Team to be invited to enter the Program. Phase II1: Detailed Business Analysis of Participants: (1 to 1.5 months) Businesses committed to and selected for participation in the Business Genesis Program will be contacted and an .appointment will be scheduled with the Business Mentor Team for the purpose of review of the Phase Two Survey and to complete the business's Program profile. The Team shall contribute notes, observations and narratives for CRA staff and interns to create a plan of action for each business. Each Business Owner will be asked for a commitment for the 4865 Business Genesis Program Page 10 of 35 agreed-upon plan of action and will establish an estimated time frame. The program begins as the mentor's meet with the businesses to more specifically discuss needs and initiate suggested plan of action (i.e., the marketing specialist will assess marketing needs and develop a marketing strategy for the business, etc.) Phase IV: Program One-on-One Consulting: (14 months) Business Mentors will set aside visitation hours and dates to deliver the Program's established range of consulting. Individualized assistance will be provided with a combination of Business Mentors through ongoing meetings and coaching sessions with business owners. Owners may have activities to complete to fulfill the requirements, of the Program in between scheduled sessions with Business Mentors. Business Mentors will be available for phone consultations with business owners dudng set hours. The CRA with the support of FAU interns will develop a confidential participant data file to track progress, issues and needs. Team members will meet monthly to review each client's progress. A closed, secured and confidential online database will be developed to track progress of Program and individual businesses, as well as to provide a vehicle for the Business Mentors to have real time access to information regarding the details of all assistance given to each business. Workshop resources on specific topics pertaining to the needs of business owners will be identified such as the Chamber of Commerce, Flodda Atlantic University, SBA, The Palm Beach Resource Center, etc. Phase V: Program Evaluation Survey and Analysis: (2 months) Client files and evaluations by the team members will be used to identify the quantitative goals reached. A written report on the Program's results will be due no later than September 1st, 2005. 4866 Business Genesis Program Page 11of35 Event: Local Boynton Beach Businesses and identified CRA Developers will be asked by the Program to attend a "Development Fair." Note that inviting all local Boynton Businesses may bring additional local Businesses into the CRA area, therefore, the fair's business invitation is anticipated to extend beyond the CRA Area. The Development Fair will be designed as an interactive exchange between existing/potential CRA Developers and local business owners. Attendees will get the opportunity to meet the developers and discuss the potential of their business becoming a part of new development projects. Developers will have the opportunity to get to know local Businesses interested in the redevelopment area. The Business Genesis Program and Incentive/Grant Program will be presented to better brief both groups (Businesses and Developers). At the Event, qualified CRA Businesses will have the opportunity to fill out Phase I Survey for consideration for selection into the Business Genesis Program. 4867 Business Genesis Program Page 12 of 35 Program Time Line: Phase Phase I Survey Design Phase II Survey Analysis & 1st Participants Selection Development Fair Phase III Detailed Business Analysis of Participants Phase IV Program One-on-One Consulting Phase V Program Evaluation Start Date October 2003 April 2004 April 2004 May/June 2004 July 20041August 2005 August/September 2005 · 3-Sep 0cl-03 Nov-03 ___D~_.~ j~an-~l._..Fa{)-04 M~r_-04 Apr-g4 14~y-04 Jun-0_4.._J.~,_A__._ug:-?. ~ Oc~.O4 No~-04 Dac-O4 Jan-05?eb-05 Ma~-05; ^~'-05 May-05 Jun-05 J_ul-06 Aug-05_Sep-0 _P~se I Survey Design ~ 116 Oe~lopment Fair Phase Ill Detailed I~siness k~sis of :~3se IV Pn3gram One-o~-' ?~e_Consulting =base V Program 486'8 Business Genesis Program Page 13 of 35 Business Genesis Program Budget: Program Delivery Cost $7,750 · Phasel $-0- · Phasell $ 300 · Development Fair $1,250 · Phase III $ 200 · Phase IV $3,500 · Phase V $ 500 $1,500 $ 75o $7,750 Completed Misc. expenses 14 Monthly Mentor's Roundtable Meetings & Expenses at $250 Miscellaneous expenses, copies, etc. Graduation Event Office Expenses, Miscellaneous, Postage Total Costs 4869 Business Genesis Program Page 14 of 35 4870 Business Genesis Program Page 15 of 35 Business Genesis Program Page 16 of 35 BOYNTON BEACH BUSINESSES South Trust Plaza Healthy Mothers, Healthy Babies 211 S Federal Hwy Boynton Beach, FL 33435 Asset Foundry-Software Development 211 S Federal Hwy Boynton Beach, FL 33435 Best Health & Homecare, Inc. 211 S Federal Hwy Boynton Beach FL 33435 JMS Design Architect 211 S Federal Hwy Boynton Beach FL 33435 The Beauty Institute 211 S Federal Hwy Boynton Beach FL 33435 Basic Insurance Group 211 S Federal Hwy Boynton Beach FL 33435 Seitz Pediatrics 211 S Federal Hwy Boynton Beach FL 33435 401E Boynton Bch Bird ABC Rentals 401 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Fred & Joe's Tire Center 319 E Boynton Bch Blvd Boynton Beach, FL 33435 DJ's Restaurant 301 E Boynton Bch Blvd Boynton Beach, FL 33435 4872 Business Genesis Program Page 17 of 35 736-5969 733-9366 752-9888 735-9990 374-9383 734-1881 734-1888 739-9888 732-4102 732-5172 Palm Beach Eyes 211 E Boynton Bch Blvd Boynton Beach, FL 33435 Main Street Car Wash 201 E Boynton Bch Blvd Boynton Beach, FL 33435 Kevin LaMontagne - Attorney-at-Law 125 E Boynton Bch Blvd Boynton Beach, FL 33435 109 E Boynton Bch Blvd A1A Discount Beverage & Liquor 109 E. Boynton Beach Blvd Boynton Beach FL 33435 Lucky Chinese Take-Out 109 E. Boynton Beach Blvd Boynton Beach FL 33435 G & C Pawnshop 109G 109 E. Boynton Beach Bird Boynton Beach FL 33435 The Consignment Shop 411 E Boynton Bch Blvd Boynton Beach FL 33435 Magic & Comedy of the Taylors 413 E Boynton Bch Blvd Boynton Beach FL 33435 Jubilee Church of Boynton Beach 415 E Boynton Bch Blvd Boynton Beach FL 33435 Sal's Poppa Pizza 417 E Boynton Bch Blvd Boynton Beach FL 33435 Randall Ebling - Chiropractic Physician 209 W Boynton Bch Blvd Boynton Beach FL 33435 4873 Business Genesis Program Page 18 of 35 732-8088 734-7608 732-0100 738-5616 742-4210 736-1616 736-8767 740-0907 364-4824 733-8446 732-1540 BB Chiropractic Center- Dr Floyd Beil 213 W Boynton Bch Blvd Boynton Beach, FL 33435 Hair Avante - Hair Salon 225 VV Boynton Bch Blvd Boynton Beach, FL 33435 Lloyd's Plaza, W Boynton Beach Blvd 735-0907 736-2995 American Latin Market, Inc. 401 W. Boynton Beach Blvd. Boynton Beach, FL 33435 A Auto Insurance Wodd Ste 405 405 W. Boynton Beach Blvd. Boynton Beach, FL 33435 BJ'S Coin Laundry Ste 1404 1404 W. Boynton Beach Blvd. Boynton Beach, FL 33435 Law Offices 413 W Boynton Bch 81vd Boynton Beach, FL 33435 Capt Franks Seafood 435 W Boyr~on Bch Bird Boynton Beach, FL 33435 Attorney Alternatives 444 W Boynton BCh Blvd Boynton Beach, FL 33435 Citadel Chiropractic 444 W. Boynton Beach Blvd. Boynton Beach, FL 33435 Telecom Connection 433 W Boynton Bch Blvd Boynton Beach, FL 33435 A Better Choice - Cremation Service 432A W Boynton Bch Blvd Boynton Beach, FL 33435 4874 BusinessG~esisProgmm P~e19of35 734.-0092 737-7283 734-2835 736-3434 732-3663 731-0092 t52-5354 265-1414 736-3335 332 W Boynton Bch Blvd Nationwide Insurance 332 W Boynton Beach Blvd Boynton Beach, FL 33435 Alpha Diagnostic & Chiropractic 332 W. Boynton Beach Blvd. Boynton Beach, FL 33435 AJ Partners, Inc. 332 W. Boynton Beach Blvd. Boynton Beach, FL 33435 Signature Signs 332 W. Boynton Boynton Beach, & Graphics Beach Blvd FL 33435 Boynton Beach Dental Center 326 W Boynton Bch Blvd Boynton Beach, FL 33435 Ali's Boynton Beach Oil Corp. 302 W Boynton Bch Blvd Boynton Beach, FL 33435 South Palm Beach Chiropractic Center 138 W Boynton Bch Blvd Boynton Beach, FL 33435 Cuts Plus 1~26 W Boynton Bch BIvd --'*on Beach, FL 33435 Weiss Mere,..,._, r'.- el 202 E Boynton ~(~a~p~..~ Boynton Beach, FL 33435 Tropical Realty 410 E Boynton Bch Bird Boynton Beach, FL 33435 Bud's Carpet & Tile 416 E Boynton Bch Blvd Boynton Beach, FL 33435 4875 752-9099 735-4554 736-3712 737-6445 736-5565 733-9660 732-1333 737-0001 364-0404 732-7710 Business Genesis Program Page 20 of 35 Boynton Auto Supply, Inc. 422 E Boynton Bch Blvd Boynton Beach, FL 33435 Ace Hardware 510 E Boynton Bch Blvd Boynton Beach, FL 33435 The Haven Thrift Shops 212 E Boynton Bch Blvd Boynton Beach, FL 33435 All Pro Haircuts & Bikini Room 306 E Boynton Bch Blvd Boynton Beach, FL 33435 Boynton Bicycle Shop 312 E. Boynton Beach Blvd. Boynton Beach FL 33435 Roncare Service 312 E. Boynton Beach Blvd. Boynton Beach FL 33435 Asset America Insurance Agency 312 E. Boynton Beach Blvd. Boynton Beach FL 33435 Bruno's Auto Body & Paint 217 NE 3rd St Boynton Beach FL 33435 Royal Palm Aluminum, Inc. 321 N Railroad Ave Boynton Beach FL 33435 Pioneer AutoCare 401 N Railroad Ave Boynton Beach FL 33435 Boynton Auto Clinic 409 N Railroad Ave Boynton Beach FL 33435 312 E Bovnton Bch Blvd 4876 Business Genesis Program page 21 of 35 732-4171 732-2161 738-0785 369-5008 737-2774 731-5399 364-4011 737-7506 735-3288 375-7977 732-2228 Mario Ferazzoli & Son, Inc. 419 NE 4~Ave Boynton Beach, FL 33435 Taylor Pneumatic Tool Co. 505 N Railroad Ave Boynton Beach, FL 33435 Merkel Glass Service, Inc. 555 N Railroad Ave Boynton Beach, FL 33435 The Printing Office 1599 SW 30th Ave Boynton Beach, FL 33435 Milo Food Service Equipment Dist. 611 N Railroad Ave Boynton Beach, FL 33435 Boyd's & McCord, Inc. 623 N Railroad Ave Boynton Beach, FL 33435 Boynton Liquor Store & Hideaway Lounge 302 N. Federal Hwy Boynton Beach, FL 33435 Top Taste Restaurant 310 N Federal Hwy Boynton Beach, FL 33435 Happy Garden Chinese Take-Out 312 N Federal Hwy Boynton Beach, FL 33435 Friends Market Corp. 314 N Federal Hwy Boynton Beach, FL 33435 Family Dollar Store 316 N Federal Hwy Boynton Beach, FL 33435 The Boynton Beach Plaza 4877 Business Genesis Program Page 22 of 35 734-2010 732-1111 732-2510 732-2388 734-3150 732-2431 735-0770 738-5555 737-4906 738-9377 Margy's Restaurant 404 N Federal Hwy Boynton Beach, FL 33435 G & I Beauty Salon 406 N Federal Hwy Boynton Beach, FL 33435 Leon's Furniture 408 N Federal Hwy Boynton Beach, FL 33435 Elegant Beauty Supplies 416 N Federal Hwy Boynton Beach, FL 33435 Sunshine Caribbean Amedcan Grocery 424 N Federal Hwy Boynton Beach, FL 33435 Manny's Music Wodd & Variety 432 E Boynton Beach Blvd. Boynton Beach, FL 33435 NY Men's Clothing 438 N Federal Hwy Boynton Beach, FL 33435 Tropical Flavors 452 N Federal Hwy Boynton Beach, FL 33435 E-Z Wireless 454 N Federal Hwy Boynton Beach, FL 33435 Village Pawn Shop 456 N Federal Hwy Boynton Beach, FL 33435 737-5195 733-9141 752-5744 732-5404 732-0007 742-3833 732-5566 732-2990 752-2990 737-8670 4878 Business Genesis Program Page 23 of 35 Hurricane Alley 529 E Ocean Ave Boynton Beach, FL 33435 Dolphin Beach Sportswear 531 E Ocean Ave Boynton Beach, FL 33435 Fashion Shoppes Boutique 515 E Ocean Ave Boynton Beach, FL 33435 Oyer Insurance Harvey Oyer Jr., Inc. 511 E Ocean Ave Boynton Beach, FL 33435 Kenny's Market 214 E Ocean Ave Boynton Beach, FL 33435 The Blossom Shoppe Florist 402 East Ocean Ave Boynton Beach, FL 33435 Reflections Hair & Nail 404 East Ocean Ave Boynton Beach, FL 33435 Wellspring Massage & Aromatherapy Center 408 E Ocean Ave Boynton Beach, FL 33435 Ocean Pizza 412 East Ocean Ave Boynton Beach, FL 33435 Custom Made Furniture 1370 W Industrial Ave Boynton Beach, FL 33426 Southeastem Television Distribution 522 East Ocean Ave Boynton Beach, FL 33435 East Ocean Ave 4879 Business Genesis Program Page 24 Of 35 364-4008 732-3838 736-9977 732-9305 734-4047 732-3722 732-7679 732.-6762 742-4958 752-8333 732-0034 Mrs. Hilda's Antique Shop 524 East Ocean Ave Boynton Beach FL 33435 Tany's Tailoring 526 East Ocean Ave Boynton Beach FL 33435 Pat's Accents 528 East Ocean Ave Boynton Beach FL 33435 Rosetta's Hairstyling & Barber 530 East Ocean Ave Boynton Beach FL 33435 Sailfish Realty 532 East Ocean Ave Boynton Beach FL 33435 The Cottage Station 101 S Federal Highway Boynton Beach FL 33435 Ocean Food Mart 101 N. Federal Hwy Boynton Beach. FL 33435 Coldwell Banker Residential Real Estate, Inc. 100 S. Federal Hwy Boynton Beach, FL 33435 Gonsman Custom Draperies 104 S Federal Hwy Boynton Beach, FL 33435 Rau's Decorating Centre $16 E Ocean Ave Boynton Beach, FL 33435 Reed, Gdffith & Moran 630 E Ocean Ave Boynton Beach, FL 33435 4880 735-0333 738-8043 374-9040 369-8194 738-6613 364-2588 737-6442 732-8841 732-8841 732-3800 737-1995 Business Genesis Program Page 25 of 35 Community Title Associates, Inc. 632 E Ocean Ave Boynton Beach, FL 33435 John Hart Adams (Tax Consultant) 634 E Ocean Ave Boynton Beach, FL 33435 The Art of Framing 638 E Ocean Ave Boynton Beach, FL 33435 Ocean Ridge Jewelers 640 E Ocean Ave Boynton Beach, FL 33435 Ad-Sea Living 640 E Ocean Ave Boynton Beach, FL 33435 The Fancy Flamingo 640 E Ocean Ave Boynton Beach, FL 33435 Skinsations 640 E Ocean Ave Boynton Beach, FL 33435 Fran's Sew 'n Sew, Inc. 640 E Ocean Ave Boynton Beach, FL 33435 Ocean Chiropractic Center Dr. Eric Hermann 640 E Ocean Ave Boynton Beach, FL 33435 Simpatico Color & Design 640 E Ocean Ave Boynton Beach, FL 33435 Martini Nails 640 E i Ocean Ave Boynton Beach, FL 33435 Ocean Plaza 4881 Business Genesis Program Page 26 of 35 735-9737 732-6677 737-2299 T38-1570 737-2600 735-8848 742-3223 734-1114 733-8500 733-8500 364-5951 Flowers By The Sea 640 E Ocean Ave Boynton Beach, FL 33435 The Lingede Boutique 640 E Ocean Ave Boynton Beach, FL 33435 Grooming By Holly 640 E Ocean Ave Boynton Beach, FL 33435 Past Perfect Florida History, Inc. 640 E Ocean Ave Boynton Beach, FL 33435 Sea Mist III Ddftboat 700 Casa Loma Blvd Boynton Beach FL 33435 Two Georges Waterfront Grille 728 Casa Loma Blvd Boynton Beach FL 33435 Banana Boat Restaurant & Lounge 739 E Ocean Ave Boynton Beach FL 33435 Boynton Beach Boat Rentals, Inc. 700 Casa Loma Bird Boynton Beach FL 33435 Dive Charters International Inc 700 Casa Loma Blvd Boynton Beach FL 33435 Intracoastal Jet Ski Rental 700 Casa Loma Blvd Boynton Beach FL 33435 Loggerhead Enterprises 728 Casa Loma Bird Boynton BeaCh FL 33435 Marina Businesses 4882 731-4545 740-7717 737-0575 742-7822 732-9974 736-2717 866-1242 732-6010 278-0356 735-2149 585-6803 734-3818 735-0612 369-1114 Business Genesis Program Page 27 of 35 Splashdown Divers 700 Casa Loma Blvd Boynton Beach, FL 33435 Paul Fasola Hammer Time Fishing 1405 SW 25th Ave Boynton Beach, FL 33426-7425 Related Companies of Florida, Inc. 2828 Coral Way Miami, FL 33155 Heart of Boynton Businesses The King's Kitchen Martin Luther King, Jr. Blvd. Boynton Beach, FL 33435 E-Z Market 1005 N Seacrest Blvd Boynton Beach, FL 33435 Turning Heads by Avchon 404 Martin Luther King Jr. Blvd Boynton Beach, FL 33435 The KJng Meat 126 Martin Luther King Jr. Bird Boynton Beach, FL 33435 736-0712 737-0258 685-1207 460-9900 364-2888 733-4307 732-2027 742-1770 4883 Business Genesis Program Page 28 of 35 Boynton Beach CRA Area Business Genesis Program Survey Name Name of Business Business Address Business Address Phone NumberlFax/Email - Which of the following beat describes your company's business atructure? Self-Employed or Contractor C- Private Partnership Privately Held Corporation .r-- Publicly Traded Corporation In what is your main business activity? Manufacturing Crafts C- Retail Store Wholesale IT and/or Intemet Professional Services ~-- Financial Services Other Se~/ices C- Other Describe your business: 4884 Business Genesis Program Page 29 of 35 Boynton Beach CRA Area Business Genesis Program Survey Continued How many people does your business currently employ? (Convert part-time jobs to full-time job equivalents by using the formula: one full time job equals 2080 hours per year per job) Count yourself. 1 Person either part or full-time 2-5 Full-time Equivalents 6-9 Full-time Equivalents 10-25 Full-time Equivalents 26-50 Full-time Equivalents 51-100 Full-time Equivalents Which of the following best describes how you feel al~out your business (Check all that apply)? Excited C' Great Fair Cautious C' Unhappy C- Do not like change. Change is going to happen anyway, so I have no choice. Fearful of the future. c- No Views on this question. How would you rate your business's financial COndition? Has surplus funds and/or good access to additional capital. Has reasonable cash flows and/or could make strong case for more finance. Cash flow is tight but chances of raising additional finances are reasonable. Struggling to maintain positive cash flow and prospects of getting additional finance are poor. C- Financial condition is critical/terminal. How would you characterize your management team relative to your business's size/potential? (-- Exceptional experience, expertise and depth. Bit stretched but adequate coverage. Coping with some gaps. Weak with some serious short falls. Very poor and inadequate. 4885 Business Genesis Program Page 30 of 35 Boynton Beach CRA Area Business Genesis Program Survey Continued How would you rate your products in terms of puce, quality, features and benefits? Very superior to most competitors. Superior to some competitors. C- In line with the competition. C' Inferior to some competitors. Very inferior to most competitors. How would you rate your services in terms of price, quality, features and benefits? Very superior to most competitors. C- Superior to some competitors. In line with the competition. Inferior to some competitors. C' Very inferior to most competitors. How strong/effective is the marketing function/thinking within your business? c- Marketing plays a leading role in the business's overall development. C' Marketing is an important part of the sales function. Marketing is weak and has very limited role/influence. Marketing function does not really exist. How would you describe the efficiency of your buainess's operations? Better than most competitors. ~-. Better than some competitors. C' In line with competition. Worse than some competitors. C- Worse than most competitors. How would you describe the cost competitiveness of your business's operations? Better than most competitors. c' Better than some competitors. In line with competition. C' Worse than some competitors. Worse than most competitors. 4886 Business Genesis Program Page 31 of 35 Boynton Beach CRA Area Business Genesis Program Survey Continued What do you feel would help your business the most (Check all that apply)? Sharpen my sldlls or consulting to help better my business Money Sources Less Government Regulations Better Employee Pool Less Competition More Customers Reduced Costs Are you interested in the Business Genesis Program? Yes No Why do you want to be considered as participants in the Business Genesis Program? What is the one thing you currently do best? What is the one thing that that could use the most work? 4887 Business Genesis Program Page .32 of 35 Boynton Beach CRA Area Business GeneSis Program Survey Continued What is your hope for the future? 4888 Business Genesis Program Page 33 of 35 Boynton Beach CRA Area Business Genesis Program Survey Phase Ii Name Date Name of Business Business Address Business Address Phone NumberlFax/Email How long has your business been in operation? What were your Gross Sales? 2003 $ 20O2 $ 2001 $ What was your Gross Profit? 2003 $ 2002 $ 2001 $ What is your average gross monthly sales volume? $ What is your highest revenue generator? $. What is your average gross monthly expense? $ What is your highest monthly expense item? $. What is your current gross debt including all accounts payable and loans? $ What is your current gross assets including any real estate holdings, savings, and investments? $ For the most current year completed, how prof'~able is your business in terms of the pror~ expressed as a percentage of investment? Very Proffiable (e.g. annual return above 25%) c- Moderately Profitable (e.g. annual return in range 10% - 25%) (-- Limited Profitability (e.g. annual return below 10%) Break Even Loss 4889 Business Genesis Program Page 34 of 35 Boynton Beach CRA Area Business Genesis Program Survey Phase II Continued What are your annual costs for the following: Advertising/Marketing Raw Materials/Cost of Goods Labor Overhead Mortgage/Rent Do you have labor issues or concerns? $ $ List the types of employees employed by your business and their required skills. What are the top three areas in which you need assistance? 4890 Business Genesis Program Page 35 of 35 MEMO To: From: Re: Date: CRA Board Douglas Hutchinson Special Pilot Program for Police Patrol in Heart of Boynton and the CBD. March 9, 2004 During the July 2003 Board Meeting, the Board directed Staff to develop a Pilot Program that addressed the security needs of the Central Business District and the Heart of Boynton District. During that same meeting, Chief Marshall Gage of the Boynton Beach Police Department presented three proposals to the Board. The presentation highlighted the Staffing levels and zones that are comprised within the CRA Area. While staffing has been increased in the Heart of Boynton District as part of the regular services, the Chief felt that additional coverage would be necessary due to "Special Conditions in the Area." The proposal also noted that the terminated Bike and Foot patrol in the CBD could be resurrected due to citizen's request and the additional elements that exist dudng a redevelopment process. The Police report gave initial proposals ranging from $270,457 to $363,112 for each area. The current revised "Pilot Program" highlights and addresses several issues not brought to you before. · All officers and equipment will be outfitted with distinguishable uniforms and CRA logo. This will visually identify the teams as CRA Special units. · While the units are in CRA boundaries duty rotation they will be separate from general rotation and non emergency calls in other parts of the City. · The Program calls for four officers with two squad cars, two patrol bikes with necessary equipment, uniforms, office space with furnishings and supplies. 4891 The proposed cost of the "Pilot Program" is $75,000 for the Heart of Boynton District and $75,000 in the Central Business District for the remainder of the 2003~2004 budget year. Each District has a proposed budget of $125,000 for the 2005~2006 and will be brought back to you for consideration at budget time. The possibility of using a private Service Supplier for these services was investigated. It was determined that using a private vendor, while cheaper, could have many adverse affects which Chief Gage will elaborate on during his report to the Board on March 9th. 4892 4893 g 4894 :MEMO TO: CRA Board FROM: Susan Vielhauer SUBJECT: Consideration of Regions Core Grant Ai~ptications DATE: March 2, 2004 The Development Regions Grant Program was posted as a public notice. Twenty-six interested parties contacted the CRA a~d picked up the program application. The following two of the 26 interested appliCants have COmpleted the application Process. Boyntor~ Delray Academy is building a r~,,w school at a project cost of. $905,502.00. Boynton Deiray Academy has requested $50,000 from the County with a CRA match of $50,000 and will create five new jobs. Tropical Flavors II is a juice-bar/bakery, which will be located-in the Sunshine Square Center on the corner of Federal Highway and Woolbright. Tropical Flavors has requested $18,500 from the County with a CRA .match of $18,500 and will create two new jobs. The CRA Board approval of this grant is the first of a three-steP ~rocess and if approved the applications will be sent to the Economic Development Division for approval and then to the Palm Beach County Commissioners. Staff is recommending the approval of the grant for Boynton Delray Ao~demy $50,000. Staff is recommending the approval of the grant for Tropical Flavors Il for $1 4895 X. Commission Action 4896 Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the '~roceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 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. Xl. Board Member Comments 4897 Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the ~)roceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 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. XlI. Legal 4898 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' opporumity 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. XlII. Other Items 4899 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 oppommity 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. x v. Future Agenda Items A. Consideration of Securing CBD Surface Parking Rights (April). B. Youth Community Improvement Grant (April). C. 2002/2003 Annual Report (April). D. Consideration of Pilot Program for Trolley Service in the CBD (May). 4900 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 accommodate your request. xv. Adjournment. 4901 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 uroceedings 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 accommodate your request. PROMISSORY NOTE Borrower: Delray-Boynton Academy, Inc. 900 ~Jorth Seacrest Boulevard Boynton Beach, FL 33435 Lender: NCB Development Corporation 1725 Eye Street, NW Suite 600 Washington, DC 20006 Principal Amount: $500,000.00 Initial Rate: 5.000% Date of Note: February 12, 2004 PROMISE TO PAY. Delray-Boynton Academy, Inc. ("Borrower") promises to pay to NCB Development Corporation ("Lender"), or order, in lawful money of the United States of America, the principal amount of Five Hundred Thousand & 00/100 Dollars {$500,000.00), together with interest on the unpaid principal balance from February 12, 2004, until paid in full. PAYMENT. Subject to any payment changes resulting from changes in the Index, Borrower will pay this loan in accordance with the following payment schedule: From the date of the first (1st) advance of the the Loan proceeds through and including the Conversion Date, the Loan shall bear interest at a floating rate of interest equal to the base rate of interest established by National Consumer Cooperative Bank d/b/a National Cooperative Bank plus one percent (1%) per annum, adjusted monthly. The Base Rate shall mean the Base Rate of Interest established by National Cooperative Bank from time to time for its commercial loan facilities, whether such base rate of interest is publicly or privately announced. Any change irt such rate shall becom~ effective monthly on the first day of each calendar month. On the first (1st) day of the first {1st) month following the Conversion Date (the "Initial Adjustment Date") and on the fifth {Bth) anniversary of the Conversion Date (the "Subsequent Adjustment Date "}, the interest rate on the loan shall be adjusted to be equal to the "Adjusted Rate". The Adjusted Rate on the Initial Adjustment Date shall be two and three-quarters percent (2.75%) in excess of the current weekly average yield for United States Treasury Securities having five (5) year maturities as published on the last business day prior to the Initial Adjustment Date and the Subsequent Adjustment Date, respectively, as published in document H.R. 15 {519) published by the Board of Governor~ of the Federal Reserve System and entitled "Federal Reserve Statistical Release", or its successor publication; said to be rounded up to the nearest one-eighth of one percent (1/8%). Interest shall at all times be calculated based upon a 360-day year and actual days elapsed. From the date of the first advance of the loan proceeds through and including the Conversion date, accrued and unpaid interest only shall be payable in arrears, in successive monthly Installments, on the first {1st) day of each month. From and after the Conversion Date, the Loan shall have a one hundred twenty month (120) month term and shall be repaid in successive monthly installments ofprinc pal and interest pursuant to a fifteen {15) year amortization schedule which are payable on the first (1st) day of each month commencing on the first (1st) calendar month following the Initial Adjustment Date and each Subsequent Adjustment Date and continuing on the first {1st) day of the first (2nd) month following the Conversion Date and continuing on the first (1st) day of each and every calendar month thereafter until the Maturity Date. The monthly payment amount is subject to adjustment on the first (1st) day of the first (1st) calendar month following the Initial Adjustment and each Subsequent Adjustment Date, so that following the Initial Adjustment and each Subsequent Adjustment Date, the then outstanding principal balance of this Note (after application of any monthly payment of principal and interest due on the Initial Adjustment Date and each subsequent Adjustment Date) will be amortized over the remainder of the term of this Note at the then current Adjusted Rate. All payments on this Note shall be applied first to late charges and other fees payable hereunder, if any, then to accrued and unpaid interest and then in reduction of the Principal Amount. All payments of principal and interest and any other charges due hereunder shall be payable to NCBDC, in care of National Cooperative Bank, P.O. Box 820114, Philadelphia, Pennsylvania 19182-0114 or such other places as the Payee may designate in writing. The entire outstanding Principal Amount, together with all accrued and unpaid interest thereon and all other sums payable hereunder, shall mature and be due and payable in full to the Payee on October 1, 2014 {the "Maturity Date"). Unless otherwise agreed or required by applicable law, payments will be applied first to any unpaid collection costs; then to any late charges; then to any accrued unpaid interest; and then to principal. Interest on this Note is computed on a 365/365 simple interest basis; that is, by applying the ratio of the annual interest rate over the number of days in a year, multiplied by the outstanding principal balance, multiplied by the aqtual number of days the principal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an index which is the NCB Commercial Loan Base Rate. For the purposes hereof, the NCB Commercial Loan Base Rate means the Base Rate of Interest established by NCB from time to time for its commercial loan facilities, whether such Base Rate of Interest shall be publicly or privately announced, (the "Index"). The Index is not necessarily the lowest rate charged by Lender on its loans and is set by Lender in its sole discretion. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notifying Borrower. the current Index rate upon Borrower's request. The interest rate change will not occur more often than each month, Lender will tell Borrower effective on the first day of each month, ba:sed upon NCB's Commercial Loan Base Rate in effect on the last business day preceding such interest rate adjustment date. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 4.000% per annum. The interest rate to be applied to the unpaid principal balance of this Note will be at a rate of 1.000 percentage point over the Index, rounded up to the nearest 0.125 percent, resulting in an initial rate of 5.000% per annum. NOTICE: Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law. Whenever increases occur in the interest rate, Lender, at its option, may do one or more of the following: {Al increase Borrower's payments to ensure Borrower's loan will pay off by its original final maturity date lB) increase Borrower's payments to cover accruing interest, lC) increase the number of Borrower's payments, and {D continue Borrower's payments at the same amount end increase Borrower's final payment. PREPAYMENT. Borrower may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lend,er in writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, earlv payments will reduce the principal balance due and may result in Borrower's making fewer payments. Borrower agrees not to send Lender payments marked "paid in full", "without recourse", or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under this Note, and Borrower will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: NCB Development Corporation, 1725 Eye Street, NW, Suite 600, Washington, DC 20006. LATE CHARGE. If a payment is 15 days or more late, Borrower will be charged §.000% of the unpaid portion of the regularly scheduled payment. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, Lender, at its option, may, if permitted under applicable law, increase the variable interest rate on this Note to 6.000 percentage points over the Index. The interest rate will not exceed the maximum rate permitted by applicable law. Loan i~b: 3751535 PROMISSORY NOTE (Continued) Page DEFAULT. Each of the following shall constitute an event of default ("Event of Default") under this Note: Payment Default. Borrower fails to make any payment when due under this Note. Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. Default in Favor of Third Parties. Borrower or any Grantor defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Insolvency. The dissolution or termination of Borrower's existence as a going business, or a trustee or receiver is appointed for Borrower or for all or a substantial portion of the assets of Borrower, or Borrower makes a general assignment for the benefit of Borrower's creditors, or Borrower files for bankruptcy, or an involuntary bankruptcy petition is flied against Borrower and such involuntary petition remains undismissed for sixty (60) days, Creditor or Fc~rfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of. or liability under, any guaranty of the indebtedness evidenced by this Note. In the event of a death, Lender. at its option, may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. Change In Ownership. Any change in ownership of twenty-five percent {25%)or more of the common stock of Borrower. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note is impaired. Cure Provisions. If any default, other than a default in payment is curable and if Borrower has not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, it may be cured (and no event of default will have occurred) if Borrower, after receiving written notice from Lender demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may declare the entire unpaid principal balance on this Note and all accrued unpaid interest, together with all other applicable fees, costs and charges, if any, immediately due and payable, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Subject to any limits under applicable law, upon default, Borrower agrees to pay Lender's reasonable attorneys' fees and all of Lender's other collection expenses, whether or not there is a lawsuit, including without limitation legal expenses for bankruptcy proceedings. GOVERNING LAW., This Note will be governed by, construed end enforced in accordance with federal law and the laws of the District of Columbia. This Note has been accepted by Lender in the District of Columbia. DISHONORED ITEM FEE. Borrower will pay a fee to Lender of $25.00 if Borrower makes a payment on Borrower's loan and the check or preauthorized char!;~e with which Borrower pays is later dishonored. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts, and, at Lender's option, to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided in this paragraph. JURY TRIAL. BECAUSE OF THE COMPLEXITY OF LITIGATION REGARDING FINANCIAL TRANSACTIONS AND THE IMPORTANCE OF EXPEDITING SUCH LITIGATION, EACH OF BORROWER AND LENDER, AFTER RECEIVING THE ADVICE OF ITS OWN ATTORNEYS, KNOWINGLY AND VOLUNTARILY WAIVES ANY RIGHT TO JURY TRIAL AND AGREES THAT ALL ISSUES SHOULD BE TRIED BY A COURT SITTING WITHOUT A JURY. PROCESS SERVICE. All parties hereto agrees that process may be served upon any party hereto by certified or registered mail, return receipt requested, directed to such party at its last known address, and each party waives any defense of insufficiency of service with respect to process so served. RELATIONSHIP OF: PARTIES. Ne{thor this Agreement nor any of the Related Documents is intended to create any relationship between Lender and lb) Borrower or any Grantor or Guarantor, except as specifically stated herein or in the Related Documents, and Lender does not assume and shall not have a fiduciary duty to Borrower or any Grantor or Guarantor. TRADE NAME DEFINITION. As used herein, and in any Related Documents, the terms National Cooperative Bank, the "Bank" and "NCB" mean the National Consumer Cooperative Bank d/b/a National Cooperative Bank. VENUE, JURISDICTION, AND CHOICE OF LAW RULES. All parties hereto agree that, at the option of the Lender, all litigation regarding any matter arising hereunder shall be in the local or federal courts located in the District of Columbia, and all parties hereto hereby waive any defense of inconvenient forum. As used herein, "the laws of the District of Columbia" means the internal laws thereof, excluding its choice of law. DELAYED FUNDING. If the entire proceeds of this Loan are not fully drawn and funded prior to the Borrower's scheduled first payment or any ,: ,. Loan No: 3751 535 PROMISSORY NOTE (Continued) Page 3 scheduled payment date, then the Lender, at its option, may do one or more of the following: (al postpone all or part of any or all of any scheduled payment(s), including the final payment; (b) increase the amount of Borrower's payment(s) to cover the increased interest associated with the postponement of any payment(s), land (c) increase the amount of Borrower's payment(s) so that the Loan will pay off without changing the date or the amount of the final scheduled payment. RIGHT TO CURE. If any default is curable and if Borrower (Grantor) has not been given a notice of a similar default within the preceding Twelve (12) months, such default may be cured (and no Eveht of Default will be deemed to have occurred) if Borrower (Grantor); (al in the case of a failur~ to make any payment on the indebtedness when due. makes full payment of all indebtedness due (excluding indebtedness that became due as a result of the default) within Fifteen (15) days of such indebtedness' due date, or (b) in the case of any default other than a failure to make payments when due, after acquiring actual notice or knowledge of such default or after receiving notice from Lender demanding cure of such default: (il cures the default within Fifteen (15) days, or (ii) if~the cure requires more than Fifteen (15) days, immediately initiates and diligently pursues steps which the Lender deems in Lender's sole discretion to be sufficient to produce compliance as soon as reasonably practical. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and as:signs, and shall inure to the benefit of Lender and its successors and assigns. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the co~latera~; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: DELRAY-BOYNTON ACADEMY, INC. By: Joe Green, Executive Director of Delray-Boynton Academy, Inc. (Seal) Florida Documentary Stamp Tax Florida documentary stamp tax in the amount required by law has been paid with respect to this Note on the Mortgage securing this Note. Mortgage Certification This is to certify that this is the Note described in a dated February 12, 2004, from Delray-Boynton Academy, Inc., as Grantor, to NCB Development Corporation, as Beneficiary, Construction Mortgage dated February 12, 2004, from Delray-BoVnton Academy, Inc., as Grantor, to NCB Development Corporation, as Mortgagee, said Note and Mortgage securing the same having been executed in my presence. Witness my hand and official seal this day of ,20 (Notarial Seal) Notary Public My commission , expires LOAN NO: CONSTRUCTION LOAN AGREEMENT Borrower: Delray Boynton Academy Lender: 900 North Seacrest Boulevard Boynton Beach, FL 33435 NCB Development Corporation 1725 Eye Street, NW Suite 600 Washington, DC 20006 THIS CONSTRUCTION LOAN AGREEMENT dated February 12, 2004, is made and executed between Delray-Boynton Academy ("Borrower") and NCB Development Corporation ("Lender") on the following terms and conditions. Borrower has applied to Lender for one or more loans for purposes of constructing the Improvements on the Real Property described below. Lender Is willing to lend the loan amount to Borrower solely under the terms and conditions specified in this Agreement and In the Related Documents, to each of which Borrower agrees. Borrower understands and agrees that: iA) in granting, renewing, or extending any Loan, Lender is relying upon Borrower's representations, warranties, and agreements as set forth In this Agreement, and (B) all such Loans shall be and remain subject to the terms and conditions of this Agreement. TERM. This Agreement shall be effective as of February 12, 2004, and shall continue in full force and effect until such time as all of Borrower's Loans in favor of Lender have been paid in full, including principal, interest, costs, expenses, attorneys' fees, and other fees and charges, or until October 1, 2014. LOAN. The Loan shall be in an amount not to exceed the principal sum of U.S. $500,000.00 and shall bear interest on so much of the principal sum as shall be advanced pursuant to the terms of this Agreement and the Related Documents. The Loan shall bear interest on each Advance from the date of the Advance in accordance with the terms of the Note. Borrower shall use the Loan Funds solely for the following specific purposes: The proceeds of the Loan shall be used solely for actual direct and indirect costs incurred with the construction, renovation, expansion and development of the Improvements. All such costs must be approved by the Lender and must be consistent with the Project Budget. The Loan amount shall be subject at all times to all maximum limits and conditions set fodh in this Agreement or in any of the Related Documents, including without limitation, any timits relating to loan to value ratios and acquisition and Project costs. PROJECT DESCRIPTION. The word "Project" as used in this Agreement means the construction and completion of all Improvements contemplated by this Agreement, including without limitation the erection of the building or structure on the Real Property identified to this Agreement by Borrower and Lender, installation of equipment and fixtures, landscaping, and all other work necessary to make the Project usable and complete for the intended purposes. The Project includes the following work: Construction of permanent modular units..84 acres of land for a permanent modular units of eight (8) classrooms, with office facilities, cafeteria/auditorium, nurses quarters, In-house suspension area, storage space and conference room with a total of 8,000 square foot building space. The word "Property" as used in this Agreement means the Real Property together with all Improvements, all equipment, fixtures, and other articles of personal property now or subsequently attached or affixed to the Real Property, together with all accessions, parts, and additions to, all replacements of, and all substitutions for any of such property, and all proceeds (including insurance proceeds and refunds of premiums) from any sale or other disposition of such property. The real estate described below constitutes the Real Property as used In this Agreement. The real estate or its address Is commonly known as: Real Property located at NWC Martin Luther King Boulevard and Railroad Avenue, Boynton Beach, Florida 33435. FEES AND EXPENSES. Whether or not the Project shall be consumma{ed, Borrower shall assume and pay upon demand all out-of-pocket expenses incurred by Lender in connection with the preparation of loan documents and the making of the Loan, including without limitation the following: iA) all closing costs, loan fees, and disbursements; (B) all expenses of Lender's legal counsel; and (C) all title examination fees, title insurance premiums, appraisal fees, survey costs, required fees, and filing and recordin.g fees. NO CONSTRUCTION PRIOR TO RECORDING OF SECURITY DOCUMENT. Borrower will not permit any work or materials to be furnished in connection with the Project until iA) Borrower has signed the Related Documents; (B) Lender's mortgage or deed of trust and other Security Interests in the Property have been duly recorded and perfected; (C) Lender has been provided evidence, satisfactory to Lender, that Borrower has obtained all insurance required under this Agreement or any Related Documents and that Lender's liens on the Property and Improvements are valid perfected first liens, subject only to such exceptions, if any, acceptable to Lender. REPRESENTATIONS AND WARRANTIES. Borrower represents and warrants to Lender, as of the date of this Agreement, as of the date of each disbursement of loan proceeds, as of the date of any renewal, extension or modification of any Loan, and ~t all times any Indebtedness exists: Organization. Borrower is a non-profit corporation which is, and at all times shall be, duly organized, validly existing, and in good standing under and by virtue of the ~aws of the State of Florida. Borrower is duly authorized to transact business in all other states in which Borrower is doing business, having obtained all necessary filings, governmental licenses and approvals for each state in which Borrower is doing business. Specifically, Borrower is, and at all times shall be, duly qualified as a foreign corporation in all states in which the failure to so qualify would have a material adverse effect on its business or financial conditiorL Borrower has the full power and authority to own its properties and to transact the business in which it is presently engaged or presently proposes to engage. Borrower maintains an office at 900 North Seacrest Boulevard, Boynton Beach, DELRAY BOYNTON ACADEMY COSTS Original Contract Amount Building Cost $250,000.00 Site PLan $225,000.00 $475,000.00 Net Change by Previous Authorized Change Order Increase Amount $31,224.00 Revised contract sum prior to change order Contract sum $506,224.00 The price increase by this change order Increase Amount $174,278.00 Revised Contract amount including change order $680,502.00 Cost of Land $225,000.00 Total $905,502.00 DELRAY BOYNTON ACADEMY'S FIVE-YEAR PROJECTIONS CURRENT YEAR 2003-2004 YEAR 1 YEAR 2 YEAR 3 REVENUE FTE Title I ESE Capital Outlay Transportation Reimbursement TOTAL REVENUE $391,527.00 23,000.00 12,000.00 45,500.00 3,800.00 $475,827.00 $469,832.40 $563,798.88 $563,798.88 $27,600.00 $33,120.00 $33,120.00 $14,400.00 $17,280.00 $17,280.00 $54,600.00 $65,520.00 $65,520.00 $4,560.00 $5,472.00 $5,472.00 $570,992.40 $685,190.88 $685,190.88 STAFFING Administration: Director, Office Mgr, Administrative Assistant Teachers Teachers's Aid & Behavioral Specialist Benefits Health Insurance Profit Sharing Contracted Services Facilities Maintenance ESE Services Sub Contracting After School Tutorial Summer School TOTAL $97,000.00 120,000.00 66,000.00 29,700.00 7,200.00 5,200.00 12,000.00 3,600.00 2,400.00 8,000.00 351,100.00 $116,400.00 $139,680.00 $139,680.00 $33,000.00 $34,000.00 $144,000.00 $172,800.00 $172,800.00 $79,200.00 $95,040.00 $95,040.00 $35,640.00 42,768.00 $42,768.00 $8,640.00 $10,368.00 $10,368.00 6,240.00 $7,488.00 $7,488.00 $14,400.00 $17,280.00 $17,280.00 $4,320.00 $5,184.00 $5,184.00 $2,880.00 $3,456.00 $3,456.00 $9,600.00 $9,600.00 $11,520.00 $421,320.00 $538,584.00 $539,584.00 OVERHEAD Lease Loan Equipment Lease Transportation Expense Postal Expense Telephone Office Supplies Books & Inst. References Printing Student Incentives TOTAL 36,000.00 1,000.00 12,000.00 500 5,000.00 6,600.00 5,000.00 2,000.00 1,800.00 69,900.00 $36,000.00 36,000.00 $36,000.00 $1,200.00 $1,440.00 $1,440.00 14,400.00 17,280.00 $17,280.00 $600.00 $720.00 $720.00 $6,000.00 $7,200.00 $7,200.00 $7,920.00 $9,504.00 $9,504.00 $6,000.00 $7,200.00 7,200.00 $2,400.00 $2,880.00 $2,880.00 $2,160.00 $2,592.00 $2,592.00 $76,680.00 $84,816.00 $84,816.00 INSURANCES Liability Errors & Omissions Transportation Workers' Compensation Property Insurance TOTAL $7,715.00 1,800.00 2,265.00 3,047.00 738 $15,565.00 $9,258.00 $11,109.60 $11,109.60 $2,160.00 $2,592.00 $2,592.00 $2,718.00 $3,261.60 $3,261.60 $3,656.40 $4,387.68 $4,387.68 $3,300.00 $3,400.00 $3,500.00 $21,092.40 $24,750.88 $24,850.88 TOTAL PROJECTED BUDGET $436,565.00 $519,092.40 $648,150.88 $649,250.88 YEAR4 YEAR5 $563,798.88 $563,798.88 $33,120.00 $33,120.00 $17,280.00 $17,280.00 $65,520.00 $65,520.00 $5,472.00 $5,472.00 $685,190.88 $685,190.88 $139,680.00 $139,680.00 $35,000.00 $36,000.00 $172,800.00 $172,800.00 $95,040.00 $95,040.00 $42,768.00 $42,768.00 $10,368.00 $10,368.00 $7,488.00 $7,488.00 $17,280.00 $17,280.00 $5,184.00 $5,184.00 $3,456.00 3,456.00 $11,520.00 $11,520.00 $540,584.00 $541,584.00 DELRAY BOYNTON ACADEMY AVERAGES NUMBER OF STUDENTS FACILI'FYSQUARE FOOTAGE STUDENT TEACHER RA~O AVERAGE TEACHER'S SALARY 69 8460 Assuming 23:10 $40,000.00 123 Sq ft/Per Student REVENUE FTE Title I ESE Capital Outlay Transportation Reimbursement TOTAL REVENUE $391,527.00 Assuming $23,000.00 Assuming $12,000.00 Assuming $45,500.00 Assuming $3,800.00 Assuming $475,827.00 $5,674.30 per student $333.33 per student $173.91 per student $659.42 per student $55.07 per student $36,000.00 $36,000.00 $1,440.00 $1,440.00 $17,280.00 $17,280.00 $720.00 $720.00 $7,200.00 $7,200.00 $9,504.00 $9,504.00 $7,200.00 $7,200.00 $2,880.0O $2,880.00 $2,592.00 $2,592.00 $84,816.00 $84,816.00 $11,109.60 $11,109.60 $2,592.00 $2,592.00 $3,261.60 $3,261.60 $4,387.68 $4,387.68 $3,600.00 $3,700.00 $24,950.88 $25,050.88 $650,350.88 $651,450.88 The New Facility · UNIQUENESS Storefront - street access · The new school xvill located at 425 NE 10th Avenue and serve as a hub that will connect two communities: the wealthy residents on the inter-coastal and the low incomers on the other side of the track, where a large number of students reside. · Will integrate learning and using technology with other learning activities. · Parent University: An adult literacy program for adults. · After-school tutorial program. · Computer Training Evening Classes. STRENGTHS · Five years present in the community as an at-risk school. · A history of collaborating with other community programs, institutions and agencies. · A principal who is committed to excellence. · Qualified Teachers and Staff. · State of the art technology including Smart Board, interactive computers, video production. · Literacy Program. · Excellent location between two diverse communities. NEEDS ASSESSMENT Job Creation ~Staff Increase/Building Completion Delray Boynton Academy plans to increase its teaching staff thirty three percent (33%) for the school term 2004-2005 and another thirty three percent (33%) in 2005-2006. The Classroom Monitor position will also increase by thirty three percent (33%) in the respective years. In addition, this project will create a position in janitorial services and landscaping. --5-- Funds Needed Staff Development and Professional Development in technology and Literacy (Reading) will be required in order to effectively integrate these programs into the present curriculum. Funds will be needed for teacher and monitor salaries, teacher workshops, college courses and special training. The goal is to make sure teachers' level of knowledge exceeds basic skills. When the technology is implemented, teachers must demonstrate professionalism and competency. Janitorial and landscaping services will be a tangible demonstration of the school's effort to adhere to the beautification theme of the Heart of Boynton Project. Funds are being requested to cover these positions as well as completion of the building. Technology There is a technological epidemic and it is imperial that technology be included in the curriculum. A technological advancement that keeps being improved is the computer. Computers offer an array of resources that both teachers and students can utilize. It is an efficient way to gather information and obtain knowledge. Classrooms that are denied access to technology are also denied access to a diverse and stimulating learning experience. Delray Boynton Academy supports technology because it is a basis for innovative learning. Thus, it will be incorporated into the classroom when the new facility opens and will include: · Interactive Curriculums · Computers with Internet Accessibility · Smart Boards · Web Page Design · Power-Point Presentations · Video Cameras · Digital Camera While it is true implementing technology into the classroom will alter the teacher's role, it can only assist the teacher in creating a more positive, interactive, new atmosphere in the classroom. Technology will allow educators to expand their teaching and procedures. -6- O~m ~0 ~"n WATER WAY ~ MEMO' TO: CRA Board FROM: Susan Vielhauer SUBJECT: UL~' Conference Tuesday April 20, 2004 DATE: March 18, 2004 Attached is a flyer from the Urban Land Institute (ULI): ULI presents Evolution and Revolution the new downtowns Tuesday April 20, 2004 Palm Beach Downtowns 11:00 - 6:00 Doug will be a panelist for the South County Development. If any CRA Board members would like to attend this meeting, please fill out the form and get it back to me by April 1, 2004. ULI Presents: Evolution and Revolution.. The New Downtowns sponsored by L enn;r Broward Downtowns Palm Beach Oowntowns*~.~li 11:00am - 6:00pm ~! Boca Raton Resort & Club ~1~ 501 East Camlno Real ~ (561) 447-3000 * See alternate meeting notice enclosed for detailed agenda. Sponsors: DOWNTOW OLLYWOOD Greenberg Traurig AGENDA 7:30am 8:00am 8:15am 8:45am 9:30am lO:30am 11:30am BROWARD COUNTY MORNING SESSION There's a revolution taking place in a nu tuber of municipalities throughout Broward Cour,ty. The future is at stake and these cities are strivin~ to take control of the development and growth that 'wil! sustain them well into this century. Along the coast, the old "urban" city centers are taking an evolutionary approach, to redevelopment and renewal by rallying around their historical roots. In the suburbs, the cities have started a revolution by reining in the faceless sprawl and defining new city centers to attract new urban development. Whether its urban renewal or sub~Jrban revival, you'll meet the people spearheading the~e efforts, learn about their plans, find out who is tak~,'~g action and what development and investment opp~ortunities are available. Friends: Brenner Real Estate ~roup Digital Prop~ies, LLC BROWARD GOU~ MORninG S~S$10~ See alternate meeting notice enclosed for detailed Palm Beach afternoon session agenda Registration & Continental Breakfast Welcoming Neisen Kasdin, Pa~ner, Gunster Yoakley & Stewa~, P.A. & District Council Remarks Chairman, ULI Southeast Florida/Caribbean Broward County Bradley Hunter, Director, South Florida Region, Metrostudy Ove~iew Demographic & Marketing Analysis Trends Holl~ood Case Je~ Min~, Pms~ent, Mint ~mpanies Study Jam~ Edwa~s, ~ec~ive Dir~or, Holl~o~ Downtown C~ Urban Renewal: Bmward's historical urban centers are enjoying an unprecedented resu~ence in their popularly. This panel shall explore what the cities am doing to manage this hyper~m~h and what the development commun~ is doing to meet this challenge. Moderator: ~thony Trella, PmsidenFCEO, The Memnth Company Ft. Lauderdale Klm Jackson, C~ Director, City of Foal Lauderdale Wilton Manors Hal Miksch, ~ecutive Dimdor, Wilton Manom Mainstmet Ft. Lauderdale Alan Hooper, President, Hooper Construction inc. Holl~ood Steve Berman, President, FIRM Realty Hallandale Beach Jer~ Stem~ein, E~nomic Development Coordinator, Ci~ of Hallandale Beach Suburban Revival: After nearly 30 years of unprecedented "subu~anization", many of the western communities of Bmwa~ are t~ing to recapture a "sense of communi~' by creating their own "city centers" or "downtowns". The Panel, comprised of developers, elected officials and governmental sta~ will examine this phenomenon, and endeavor to explain how and why this is happening in suburbia. Moderator: Plantation Coral Springs Pembroke Pines Miramar Lunch Debbie Orshefsky, Attorney, Greenberg Traurig Kenneth H. Simigran, Chairman/CEO, WestCity Realty Advisors Charlie Ladd, President, Barton Real Estate, Inc. Denny O'Shea, President, Stiles Corporation Lori Moseley, Mayor, City of Miramar Jeff Oris, Executive Director, City of Margate CRA David Dahlstrom, Senior Planner, South Florida Regional Planning Coundl Roundtable Discussions by Municipalities: Moderators/Speakers/Panelists will be at separate tab/es to answer questions and lead discussions Seating is limited - Please be sure to register as soon as possible. See reverse side for registration information. UrbO. n Land Institute ULI Southeast FIorida/Caribhean Dis~lct Council 327 Southwest 12th Court Fcx't Lauderdale, FL 33315 954-522-0570 Fax 954-524-3341 coordinatol'l~seflorida.uli.org www.s eflodda.uli nm ULl--the Urban Land Institute 1025 Thomas Jefferson Street, N.W. Suite 500 West Washington, D.C. 20007-5201 800-321-5011 www.uli.org Thank you to our SE Florida/Caribbean Sustaining Sponsors Gold: Silver: Levitt BankofAmerica CORPOP. J~TION Bronze: FAU Center for Urban & Environmental Solutions South Florida Regional Planning Council Treasure Coast Regional Planning Council About ULI- the Urban Land Institute WCI Communities Hillier & Associates Zyscovich Architects Ruden McClosky Gun~r~ey ULI-the Urban land Institute is a nonprofit education and research institute that is supported by its members. Its mission is to provide responsible leadership in the use of land in order to enhance our total environment. Established in 1936, the Institute today has nearly 20,000 members representing the entire spectrum of land use and development disciplines. They are comprised of developers, builders, property owners, investors, architects, public officials, planners, real estate brokers, appraisers, attorneys, engineers, financiers, academics, students and librarians. ULI District Council Program Objectives Provide a forum for exchange of information about real estate and planning issues at a local level. Offer associate members additional opportunities to interact with full members and to participate in ULI programs. Raise awareness of local land use issues among public officials, academics, students, and the public at large. Introduce non-members to ULI and its high-quality programs. To be the convener of stakeholders to provide solutions to local land use issues. To provide outreach activities in local communities such as UrbanPlan and Technical Assistance Panels. ........................................... Reclistmtion Form ....................................................................... Meetin.q Date: Tuesday, April 20, 2004 7:30am-1:00pm (Broward) 11:00am-6:00pm (Palm Beach) Southeast Florida/Caribbean District Council [8135-0413] (Please check appropriate box) Broward Session (am) Palm Beach Session (pm) Both ULI Member [] $125 [] $125 [] $175 Non Member [] $150 [] $150 [] $200 Public Official or Agency [] $125 [] $125 [] $175 Student (full-time) [] $ 50 [] $ 50 [] $ 75 Note registration fees increase by $20 on day of event. Registration Deadline: Thursday, April 15, 2004 E-Mail confirmations will be sent. Sorry, faxes and checks received after the registration deadline will not be included in meeting registry or guaranteed a prepared name badge. Refund requests must be submitted in writing no later than the date of the registration deadline; refund requests will not be accepted after this date. ULI Member ID#: Name: Informal Name for Badge: Title: Company: Address: City/State/Zip: Telephone: E-Maih Fax: Credit Card (Fax: 800-248-4585 or phone 800-321-5011) (Indicate credit card) [] Visa [] MasterCard [] AMEX [] Diners Club Card Number: Exp Name on the card: ***IMPORTANT*** If payment has not been received prior to the registration deadline date, a credit card guarantee will be required on-site. No credit card charges will be processed if payment is received within 7-10 days after the meeting date. [] Discover [] Carte Blanche Check (Call: 800-321-5011) Telephone pre-registration is required. Make check payable to: ULI/SE Florida/Caribbean District Council Bring your check with you to the meeting OR Mail* check with completed registration form to: Urban Land Institute SE Florida/Caribbean District Council Department 304 Washington, DC 20055-0304 * It is not recommended you mail a check once we are close (two weeks out) to the meeting date. To ensure advance registration, please be sure to (;all in your reqistration and bdno your check with you to the meetinq. Payment is required before meeting entry. If you mail your check and it is not received by the registration deadline, you will be notified bv fax, phone and/or e-mail from the local District Council ULI Presents: Evolution and Revolution The New Downtowns sponsored by Lennar Tuesday, April 20, 2004 Palm Beach Downtowns 11:00am - 6:00pm Broward Downtowns* 7:30am - 1:00pm Boca Raton Resort & Club 501 East Camino Real (561) 447-3000 * See alternate meeting notice enclosed for detailed agenda. Sponsors: DOWNTOW LO PALM BEACH COUNTY AFTERNOON SESSION There's a revolution taking place in a number of municipalities throughout Palm Beach County. The future is at stake and these cities are striving to take control of the development and growth that will sustain them well into this century. Along the coast, the old "urban" city centers are taking an evolutionary approach to redevelopment and renewal by rallying around their historical roots. In the suburbs, the cities have started a revolution by reining in the faceless sprawl and defining new city centers to attract new urban development. Whether its urban renewal or suburban revival, you'll meet the people spearheading these efforts, learn about their plans, find out who is taking action and what development and investment opportunities are available. LLYWOOD VINTAGE SOUTH FLORIDA Greenberg Traurig AGENDA 11:00am 11:30am 1:00pm 1:15pm 1:45pm 2:30pm 3:30pm Welcoming Remarks Palm Beach County Statistics Delray Beach Case Study C ¥C DO Friends: Brenner Real Estate Group Digital Properties, LLC PALM BEACH COUNTY AFTERNOON SESSION ONLY See alternate meeting notice enclosed for detailed Broward morning session agenda Regis tra tion Lunch Roundtable Discussions by Municipalities: Moderators/Speakers/Panelists will be at separate tables to answer questions and lead discussions Neisen Kasdin, Partner, Gunster Yoakley & Stewart, P.A. & District Council Chairman, ULI Southeast Florida/Caribbean Bradley Hunter, Director, South Florida Region, Metrostudy Demographic & Marketing Analysis Trends Christopher Brown, Principal, Civic Design Associates South County Development: Boca Raton, Delray Beach, Boynton Beach, and Lake Worth, have become templates for places where South Floridians can live, work and play. This panel will provide insight from some of the pioneers of development and redevelopment in Palm Beach County, and give us a peek at what we'll see next. Moderator: Timothy Hemandez, Principal, New Urban Communities Lake Worth Gary Koolik, Vice President, Brefrank Inc. Delray Beach Christopher Brown, Principal, Civic Design Associates Boynton Beach Douglas Hutchinson, Executive Director, City of Boynton Beach CRA Boca Raton Cary Glickstein, President, Ironwood Properties, inc. North County Development: Downtown redevelopment has now reached the northern most edge of the tfi-county area. With the Scripps Institute addition to the already accelerating pace of development and redevelopment, the panel will provide insight into the factors behind this growth and what opportunities lay ahead. Moderator: Michael Brown, Mayor, City of Riviera Beach West Palm Beach Nancy Graham-Executive Director, W. Palm Beach Downtown Dev. Authority West Palm Beach Richard Finkelstein-Principal, Kenco Communities Jupiter/Juno Beach Stephanie Thoburn-Principal Planner, Town of Jupiter Riviera Beach Paul Cherry, Principal, Kimley-Horn & Associates Pa/mBeach Gardens Daniel Catalfumo-President, Founder, & CEO, Catalfumo Construction & Dev. 4:30pm Reception Seating is limited - Please be sure to register as soon as possible. See reverse side for registration information. UrbO. n Land institute UL] Southeast Florida/Caribbean DIs~'ict Council 327 Southwest 12th Court Fort Lauderdale, FL 33315 954-522-0570 Fax 954-524-3341 coordinator@s eflorida.uJLorg www= eflorida, uli.org ULl---the Urban Land r~stitute 1025 Thomas Jefferson Street, N.W. Suite 500 West Washington, D.C. 20007-5201 800-321-5011 www.uli.org