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Agenda 04-13-04II. III. IV. Call to Order. Roll Call. Agenda Approval. COMMUNITY REDEVELOPMENT AGENCY Tuesday April 13, 2004 Commission Chambers Boynton Beach 6:30 P.M. A. Additions, Deletions, Corrections to the Agenda. B. Adoption of Agenda. Consent Agenda A. Approval of Minutes March 9, March 18 -4906 B. Financial Report - 4934 C. Consideration of Payment of $1,139.00 for the Fagade Grant Application for Weiss Memorial Chapel. - 4947 D. Consideration of Burkhardt Construction Work Order Number Five for the Boynton Beach Boulevard Design/Build Contract.- 4956 Public Audience - 4970 VI. Public Hearing -4971 Old Business Code Review 1. PROJECT: Mixed Use Code Review (CDRV 04-002) (Tabled)-4972 4902 Any person who decides to appeal any decision of the Community Redevelopment Board w/th 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 vnur reo,,o~t AGENT: DESCRIPTION: City-initiated Request for approval of proposed amendments to Chapter 2, Zoning, Section 6.F. Mixed Use Zoning District. Zoning Code Variance 1. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: New Business 1. PROJECT: OWNER: Mariners Way (ZNCV 04-001) (Tabled)-4989 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. Vehicles for Hire (Code Amendment) (Tabled)- 5000 City-initiated Vehicles for Hire (Code Amendment) cont'd. DESCRIPTION: Conditional Use 1. PROJECT: AGENT: OWNER: Request to amend the Land Development Regulations, Part II. Chapter 24, "Taxicabs", to rename it "Vehicles for Hire", and add needed definitions and provisions for other modes of transportation consistent with downtown redevelopment efforts. Dunkin Donuts (COUS 04-001) - 5008 Ronald L. Uphoff Roderick H. Cushman 4903 Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at tl:fis 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 opporum/ty to participate in and enjoy the benefits of a service, program, or activity conducted by the CKA. 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. LOCATION: DESCRIPTION: 1317 South Federal Highway Request for Conditional Use approval for a 2,474 square foot drive-thru restaurant on a 0.43-acre parcel in a C-3 zoning district. VIZ. Site Plan Time Extension PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Director's Report - 5010 Coastal Bay Colony (SPTE 04-002) - 5009 Carlos Ballbe, Keith & Ballbe, Inc. Southern Homes of Palm Beach SE 23rd and South Federal Highway Request for a one (1) year time extension of the site plan approval granted on February 18, 2003, from February 18, 2004 to February 18, 2005. VIZ]:. Old Business -5033 A. Consideration of Fagade Grant for Delray Boynton Academy (Tabled 3/9/04) - 5034 New Business - 5060 A. Consideration of Burkhardt Construction Work Order Number Six for The Boynton Beach Boulevard Design/Build Contract. - 5061 B. Consideration of The Urban Group Task Authorization No. CRA03-02 Proposed Scope of Work, Relocation Services for Phase I MLK Property Acquisition. - 5066 C. Consideration of Youth Community Improvement Grant Program. 5089 D. Consideration of Contract for Central Business District Massing Model. 5097 4904 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 ora service, progran% 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. XI. XL XIII. XIV. Commission Action - 5106 A. Notice to Study Mixed Use High and Low with Moratorium on Single Family Conversion. Board Member Comments - 5107 Legal - 5108 Other Items -5109 Future Agenda Items - 5110 A. Consideration of Pilot Program for Trolley Service in the CBD (May). B. Consideration of Securing CBD Surface Parking Rights (June). XV. Adjournment- 5111 4905 Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at tkis meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceed/ngs 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 MINUTES OF THE REGULAR COMMUNITY REDEVELOPMENT AGENCY MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, ON TUESDAY, MARCH 9, 2004 AT 6:30 P.M. Present: Larry Finkelstein. Chair Jeanne Heavilin, Vice Chair James Barretta Alexander DeMarco Charlie Fisher (~r~ve~ Henderson Tillman Douglas Hutchinson. CRA Director Lindsey Payne, Board Attorney Absent: Don Fenton CALL TO ORDER Chairman Finkelstein called the meeting to order at 6:32 p.m. II. ROLL CALL The Recording Secretary called the roll and declared that a quorum was present. III. AGENDA APPROVAL A. Additions, Deletions, Corrections to the Agenda Chair Finkelstein announced that at staff's request, the Mixed Use Code Review, and Vehicle for Hire agenda items, should be tabled. At the applicant's request, Consideration of Fa(;ade Grant for Delray Boynton Academy should be tabled. B. Adoption of the Agenda Motion Mr. Tillman moved to approve the agenda as amended, seconded by Vice Chair Heavilin and carried unanimously. ZV. CONSENT AGENDA A. Approval of Minutes February 10, 2004 Meeting 49O6 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 9, 2004 B. Financial Report C. Price list for CRA Documents and Maps Project Signage and Groundbreaking Event Date for the Boynton Beach Boulevard Extension and Promenade Project Consideration of Planning Services for a Comprehensive Consolidation/Update to Produce One CRA Master Plan Document Motion Mr. Tillman moved to approve the Consent Agenda items, seconded by Mr. DeMarco and carried unanimously. V. PUBLZC AUDZENCE Chair Finkelstein opened the floor for persons wishing to speak and when no one came forward, he closed it. VT. PUBLZC HEAR]~NG Old Business: Code Review 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 The Board accepted staff's recommendation to table this item. New Business: Code Review Project: Agent: Description: Environmental Review Process Staff-initiated Request for amendments to the City's Land Development, Chapter 2. Zoning, Section 4.N.5, 6, 7, 490? 2 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 9, 2004 8, and 1! 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. Nancy Byrne, Assistant Development Director, presented this item. She explained that in the past, a Code-directed Committee comprised of six different departments was charged with reviewing the operations of the businesses in the City that had hazardous materials. The Development Department received numerous complaints from area businesses that felt that visits from six different departments was expensive, time- consuming, and intimidating. To simplify the process and make it less burdensome to the business community, the Development Department recommended repeal of the current Environmental Review Committee and permitting code regulations to be replaced with a new, updated hazardous material/toxic substance permit administered by the City's Fire Marshall. Under the revised process, hazardous/toxic materials will be identified during the normal occupational license process. The business will file for a separate permit through the Fire Department, who will then take on the bulk of the review to make sure that the business complies with containment and any other requirements. The Building Division will do an inspection of the site to make sure that the site itself has proper containment and proper tenant separation and then the Occupational License Department will do its standard inspection. This process would eliminate three other departments in the City that would only participate if the Fire Department, Building Division, or Occupational License Department's inspections should trigger an inspection by those departments. Motion Vice Chair Heavilin moved to approve the request for amendments to the City's Land Development Regulations, Chapter 2. Zoning, Section 4. N.5, 6, 7, 8, and 11 that simplify and refine the environmental review process, replacing the committee process with a staff review process, and placing review and enforcement duties relative to hazardous material and substances under the Fire Marshall. Mr. Tillman seconded the motion that carried unanimously. Chair Finkelstein acknowledged the presence of and welcomed Assistant City Manager Dale Sugerman and Commissioners Ensler, McCoy, and McCray. Project: Owner: Description: Vehicle for Hire (Tabled) Staff-initiated Request to abolish City of Boynton Beach Ordinance Part :[! Chapter 24, "Taxicabs," replacing the entire 4908 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 9, 2004 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. Hotion Vice Chair Heavilin moved to table the Vehicle for Hire agenda item at staff's request. Mr. Tillman seconded the motion that carried unanimously. Zoning Code Variance Project: Agent: Owner: Location: Description: Mariners Way (ZNCV 04-OOt) KiP. 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. Maxime Ducost~-Amed~e, Planner, presented this item. Staff recommended denial of this request due to 1) lack of traditional hardship, and specifically, that relief is not necessary to make possible the reasonable use of the land; 2) The special conditions and circumstances are a result of actions taken by the applicant (e.g. design and layout of the proposed improvement); and 3) The proposed bathroom addition could be alternatively placed so as to maximize the setback and therefore minimize the magnitude of, or need for, a setback variance. The basis of the variance request was a tiki hut that encroaches into the setback. As a sub-request, the homeowners are asking that a bathroom be built adjacent to the pool area. Nr. Ducost~-Amed~e asked that a comment be added to Exhibit B to the effect that, "If this variance is approved, the owner would be required to submit a minor site plan modification and obtain all necessary building permits for the desired structure." 4909 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 9, 2004 Ken Hislop, 800 Mariners Way, Boynton Beach, Vice President of the Mariners Way Homeowners Association, presented the case for the homeowners. Mr. Hislop stated that the lack of a bathroom and shade at the pool area were detrimental to the enjoyment of the amenities by the homeowners and were grounds for a hardship. Many of their homeowners are elderly and it is all but impossible for them to walk the necessary distances. They also felt it was a health issue for obvious reasons. For these reasons, they wished to build a bathroom adjacent to the pool area. Mr. Hislop also cited several variances that had been granted to surrounding homeowners for the same size that they were requesting. ]in regard to their tiki hut blocking the view of the homeowner to the north, Mr. Hislop read an attorney's opinion from a Palm Beach Post article to the effect that under Florida law, a view was not guaranteed nor protected and that individual property rights outweigh someone's desire for a view. Mr. Hislop admitted that they had gotten off on the wrong foot with the City by constructing the tiki hut without a permit, but they had done so in the belief that they were acting within the limits of Florida law. They only learned after the fact that the Statutes called for the work to be done by a Miccosoukee or Seminole Indian, and a Cheyenne Indian had built it. Steve Black, President of Mariners Way Homeowners Association, submitted some pictures to the Board for their review. He stated that the property to the north of the pool area is now a vacant lot, and the owner has not yet built anything on it. They feel also that there would be no impingement of view due to the tiki hut since it is located behind the trees. He further stated that they had not received any firm recommendations of where they could move the tiki hut on their property. If a 40-foot setback were to be observed from the north and south boundaries of the land, they would intersect. There is no actual property in between on which to put any kind of structure. At the immediate edge of the pool there are mangroves, which cannot be disturbed according to Federal law. They did not believe that they were asking for anything out of the ordinary, or greater than the variances that the people to the north had already received. He did not know what the Code was at the time the property was built but no bathroom was built at the pool and no room was allowed for it. Due to the narrowness of the property, with current zoning restrictions, it was impossible for them to build anything anywhere on the property without some sort of variance. Seaumus Murphy, a property owner in Mariners Way, reiterated that many of their residents were elderly and could not get around easily. He said that the scarcity of land on their property limited where things could be put and this why they located the tiki hut and the proposed bathroom where they did. He stated that the tiki hut was not blocking a view of anything and that they just wanted to provide shade and have a bathroom close enough for people to use it during a day at the pool. 4910 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 9, 2004 Louise Dacamara, 836 East Road~ Harbor Estates, Lot 40, said that she lived very close to this property and had no problem with this request. Barry and Cheryl Hurwit, 1038 Sandalwood Lane, Weston, owner of Lot 30, immediately adjacent to and north of the pool in Mariners Way, came to the podium. He stated that they were the people most affected by the tiki hut and bathroom. They understood why the Mariners Way H.O.A. wanted to have a tiki hut and a bathroom next to the pool as required by today's Code, but they did not feel that a great hardship was involved. They bought their property about a year ago. Before that, they came to the Zoning Department and met with Mr. Ducost~-Amed~e to discuss their plans to build a beautiful, two-story home, which they expected should be worth in the neighborhood of $1.5M when completed. When they looked at the site, the variance that is in place for their 10-foot setback was already in place. The understanding they got from the Zoning Department was this was put in place because there was nothing behind them. And, because of the 40-foot setback, there could not be anything built behind them. [f the variance is granted, the tiki hut would be 20 feet from the Hurwit's house. Hr. Hurwit distributed some photographs to the Board for review. He stated that the tiki hut would entirely block their view of the Intracoastal. The magnitude of the tiki hut is such that if Mariners Way had wanted to be good neighbors, they would have made it a fraction of its current size. He could not agree with putting the tiki hut in its current location. He suggested putting the bathroom in one of the parking spaces. For Mariners Way to put a bathroom and tiki hut right in the middle of the view for which they had purchased the property would create a hardship, but not for Mariners Way - for them. Mr. Heslip wished to speak again, and Chair Finkelstein stated that no rebuttal time would be given. Mr. Heslip brought up the view issue and was allowed to read the newspaper article from the Palm Beach Post on September 3, 2003 that gave the attorney's opinion about views not being guaranteed. David Hemingway~ 610 Mariners Way, Boynton Beach, stated that in regard to the allusion to some parking spaces that were available to house the restroom, they did not have that luxury. Their parking was at a minimum now and they did not even have guest parking. He stated that if the proposed property to the north were put higher on grade, there would be no issue with the view. He invited the Board members to view the property in question and see for themselves that there would be no impingement of any views. He was confident that if they went out to the site, they would see this for themselves and agree. The Public Hearing was closed. 4911 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 9, 2004 Mr. Fisher asked how tall the tiki hut was and how high the property owner to the north planned to build his property. Mr. Hurwit said that they planned to build a two-story house and he understood his house could be as high as 30 feet per Code. Since the tiki hut was not two-story and the house would be, Mr. Fisher did not understand how the view would be impeded. Mr. Hurwit stated that the pool deck on which the tiki hut was built was an elevated one. The H.O.A. representatives stated that the height of the tiki hut was eleven feet. Mr. Hurwit was convinced that the tiki hut would block their view. Mr. Barretta concurred that it would block the Hurwits' view. Mr. Barretta had not been convinced that the tiki hut and restroom could not be built without a variance. As far as the statement that it could not be placed in the parking lot because they would lose a parking space, Mr. Barretta would be much more inclined to grant a variance to eliminate one parking space than he would be to put it in the setback and obscure the neighbor's views. Vice Chair Heavilin asked where staff thought that the bathroom could be located that would provide a much larger setback. Mr. Ducost~e-Amed~e pointed the location out on the survey drawing. At the end of the cul-de-sac, there is a gate to access the pool area and there is an area between two palm trees that would accommodate the 6' x 6' bathroom. He stated that there was a question about the location of sewer and water lines, but he did not think this was something that should be considered when analyzing a variance request. Infrastructures can be moved. If the bathroom were to be located in this place, the variance would no longer be required. Vice Chair Heavilin asked if this location would cause a problem with the mangroves. Mr. Ducost~-Amed~e said that staff did not see any mangroves at that location when they visited the site and believed that the mangroves were lower on the property. Mr. Hislop distributed some photographs of the area to the Board that he felt would show the location of the mangroves. Chair Finkelstein asked staff if the applicant would fall short of parking spaces if they put a restroom in a parking space. Mr. Ducost~-Amed~e did not research this specific piece of information, but said that any parking spaces that would be eliminated could cause the property to go below what was required. However, if the applicant were to relocate the bathroom further south of their proposed location, it would not cause the loss of an existing parking space. Mr. Tillman said he did not perceive any hardship in this case. Also, the tiki hut was built without authorization. He felt that the homeowners had to try to find a more amiable solution to the problem. 4912 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 9, 2004 The idea of putting the tiki hut adjacent to the bathroom in the space suggested by staff was considered, it was thought to be too narrow to accommodate it. The hub of the parking cul-de-sac was also considered as a potential site for the bathroom, but there was a question as to whether this would allow sufficient turning space for emergency vehicles. Mr. Ducost~-Amed~e did not believe there was any other place on the site to place the tiki hut than where the homeowners had put it. Mr. Barretta suggested that the property owners try to seek an alternative location for each structure and he believed that this could be accommodated on the property. Mr. DeMarco reminded the other Board members that they had a lengthy agenda before them and they had already spent a great deal of time on this item. With all due respect to the applicant, he thought that the item should be tabled to allow the Planning & Zoning to Division to work with the applicant to find a solution. Vice Chair Heavilin stated she had been to the property and the locations of the tiki hut and proposed bathroom were the only logical choices. Also, trying to bring the property up to Code was something that the Board should encourage. Hike Rumpf, Planning & Zoning Director, suggested to the applicant that since they had a current application in place and a legal advertisement in place, if the item were tabled until the Board's next meeting, alternative designs could be considered and it would not have to be readvertised or a new application submitted. The City Commission would still have the option of honoring the Board's recommendation but if it were tabled, the City Commission could consider that. Hr. Fisher said that the City wanted people to improve their neighborhoods, but the neighborhoods do not fit the City's zoning codes and this kind of situation had come up and would continue to come up all the time. He did not think that enough of the view would be obstructed to ruin the appeal of the proposed house. He did believe that they should have a bathroom near the pool for health reasons. From an aesthetic standpoint, it did not seem to him that the restroom was affecting the homeowner whose home was not yet built. He did not think it was necessary to table the item. Mr. Barretta felt that the hardship was that the homeowners had chosen the location they wanted to place the tiki hut in without any consideration of the neighbors or any consultation with the City. There are alternative places to put it that would not require a variance or that would require a lesser variance, and he did not think their actions should be rewarded. They should be made to improve their neighborhood, but in a responsible manner. 4913 8 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 9, 2004 Motion Mr. Barretta moved to recommend that the City Commission table the Mariners Way request for 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. Mr. DeMarco seconded the motion. Mr. Barretta amended the motion to include, "so staff can work with the homeowners to determine an a/ternate /ocat/on for the bathroom." Mr. DeMarco accepted the amendment to the motion. The motion passed 5-1, IV/r. Fisher dissenting. New Site Plan Project: Agent: Owner: Location: Description: Deliverance by Faith Church (NWSP 04-001) Michael E. Sipula, .]MS 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. Maxime Ducost~-Amed~e, Planner, presented this item. Staff recommended denial of the request and in summary, their recommendation was based on the fact that the project was not consistent with the Heart of Boynton 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. If the request were to be approved, staff recommended that the approval be subject to the conditions listed in Exhibit "C." Mike Sipula~ 3MS Architectural Design, appeared for the owner, Glenn Lyons. He stated that they were very surprised by staff's recommendation because they had gone through a pre-application meeting and had a "blessing" to continue. They also went through the Technical Review Committee (TRC) with minimal comments. But, at the end of the TRC, they were told that staff would probably not recommend approval, and this was the first time he had heard that. Chair Finkelstein opened the Public Audience. David Zimet~ Faith-Based Community Development Corporation, 2191 North Seacrest Boulevard, stated that while he recognized the importance and significance of churches in the community, he had to look at the overall plan and the redevelopment effort that had been put forward. He felt that the Redevelopment Plan should be adhered to or the City would end up with even greater confusion than at present. 4914 9 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 9, 2004 Chair Finkelstein closed the Public Audience. Mr. Barretta asked whether the agent's comment was correct that the applicant had gone through an extensive process with no one bringing the redevelopment plan obstacle to his attention or had the applicant misunderstood staff. Quintus Greene, Development Director, came to the podium and stated that the agent was correct, that there had been an oversight at the staff level early in the process, for which he took full responsibility. However, he had informed Mr. Sipula at the TRC meeting that this property was part of the Phase :~ Heart of Boynton Redevelopment Project Area and indicated to him then that if he chose to proceed to the CRA, the staff recommendation would be denial. He added that the owner of the project had been aware for some time that this was in the middle of the Phase 1 project area. He had received two letters from the Development Department and the owner and Mr. Greene had discussions about this property on a number of occasions. The owner who retained the architect was well aware of the fact that this property was in the Phase :L project a rea. Mr. Barretta concurred with Mr. Zimet in his view that the City would not make much progress in the City if they developed visions and plans and then ignored them for particular pieces of property. He would support denial of the petition. Glenn Lyons, Pastor of Faith by Deliverance Church, owner of the proposed property, stated that when he purchased the property four years previously, it was for the purpose of constructing a sanctuary. ~[t was before he had heard about the 2020 Vision of the City. Upon hearing about the Vision, they were in the process of having plans drawn up and submitting them to the City. The first they heard of the 2020 Vision was last year. As far as saying that he had known about this before they embarked on the process, this was not exactly true. They had been in the process for four years working their way up the ladder and now when it comes to this point, they were being told they had to go back down the ladder again. There is no place for them to go. He hoped that the Board would consider the matter very closely and carefully before making a decision. Chair Finkelstein asked Mr. Greene to discuss the Vision 2020 program as it relates to this project. Mr. Greene stated that with all due respect to Reverend Lyons, he was not prepared to dispute that the property was purchased to construct a church. However, the City had been holding an application for a parking lot on this site for the church that Reverend Lyons is currently occupying. Reverend Lyons has been proposing to pave these parcels as parking for an existing church that he is currently leasing in another building. Regardless, he thought that most of the Board members knew of the 2020 Vision 4915 10 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 9, 2004 process that had begun in the mid 1990s and was completed in :L998. The Heart of Boynton project itself has gone on for approximately two years prior to last year when the first letter went out to the property owners in this particular area. There have been at least three or four years of history that have been specifically related to the Heart of Boynton project. Mr. Barretta added that this had included lots of public meetings, hearings, and public input. The Board concurred. Chair Finkelstein asked Mr. Greene what would happen if the church were to be allowed to go forward with their plans for a church at this location. Mr. Greene stated that the City would have to reconfigure the development parcel, which is currently proposed to be rectangular. Extracting this site from the proposed redevelopment parcel would skew the remaining parcel. The other alternative would be that the CRA would have to proceed to acquire the parcel in any case. Vice Chair Heavilin felt that the Board had made a commitment to the Heart of Boynton Redevelopment Plan and they needed to continue that. She asked whether there was a strong likelihood that this church could be integrated into a commercial/mixed-use development as referenced by staff. Mr. Greene stated that the City welcomes churches in the Heart of Boynton as a project; however, since this particular Phase ! project is an integrated mixed-use project, there is no place for a stand-alone building as part of that mixed-use project. That was the problem. Mr. Tillman stated that if any plan was going to work, all the units of the City would have to work together to achieve it and he was glad to see this was happening. I~lotion Mr. Tillman moved to deny the request for New Site Plan (NWSP 04-001) approval for a 3,090 square foot church on a 0.32-acre parcel in a C-2 zoning district. Mr. Barretta seconded the motion that carried unanimously. The rneet/ng recessed at 8:16 p.m. and reconvened at 8:30 p.m. VII, DZRECTOR'S REPORT A. Presentation on Moving Forward with Museum Feasibility Nr. Hutchinson related the content of a letter from the South Florida Water Management District recommending that the museum be relocated to an alternative, upland location. Mr. Robert Robbins, Director of Natural Resource Management Division, stated in the letter, "Situating such a facility in the mangrove wetlands or in the ICWW would not meet Environmental Resource Permitting criteria." 4916 1.1 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 9, 2004 It was Mr. Hutchinson's opinion, with much support from the Board, that this negative response had not been based on a definite plan, design, or footprint and that in the absence of those things, the negative response was somewhat predictable. It was believed that with a firm plan and greater understanding of the project, this opinion could be turned around. The Board believed that the feasibility study was important in order to properly assess the impacts of the project on protected resources. The feasibility study will consider museum size, design, and visitation levels along with an evaluation of the proposed site and could also recommend alternate sites. Chair Finkelstein was in favor of being more specific in the feasibility study regarding recommendations for alternate sites. He had read in a report that it was not a water- dependent project and this was one of SFVVMD's requirements for approval. There was a lot of feeling on the board that even if this or similar projects had been denied in the past, it was important to develop a destination for Boynton Beach and that the feasibility study was necessary to adequately assess all the variables involved with this project. 3ose Aguila, of Currie Sowards Aguila Architects, and part of The Baker Leisure Group Team, expressed great confidence in the team that had been selected to perform the feasibility study and was certain that it could answer any and every possible question that could be raised about the project. He stated that the project was generated with the proposed site in mind and that they would focus on that site. If their honest analysis of all the factors indicated that the project could not be done at this site, they would take direction from the Board about studying other sites. t4otion Mr. Fisher moved to proceed with the project. Mr. DeMarco seconded the motion. Chair Finkelstein asked Mr. Fisher if he wanted to amend the motion to say, "approve moving ahead with the agreement for services for Baker Leisure Group for the Savage Seas ~¢useum,' and Messrs. Fisher and DeMarco agreed to the amendment. The motion passed unanimously. Boynton Beach Boulevard Extension, Promenade and Riverwalk Design and Probable Pro_iect Cost Mr. Hutchinson presented an alternative version of this project that included features that were not present on the original design. His intent was to bring the project in at a price with which the Board could live. Some of the new features include an EMS equipment storage area and a police center at the entry, a "day deck" for fishing, boat drop-off and pick-up and water linkage at the Intracoastal. 4917 12 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 9, 2004 The consensus of the Board was to complete the project using the original, "no-frills" design originally approved and to consider additional embellishments at a later date. There was a feeling that many infrastructure items could be installed in the first phase and expanded upon in later phases. For example, the infrastructure for artwork would be put in, but not the artwork itself. There was a lot of agreement on wanting more of a destination and place to hold events as opposed to a place to go fishing. Mr. Hutchinson thought it was important to realize how many people were using the area for fishing and how popular fishing was as a pastime in this area. He had gotten a lot of pressure from marine businesses to make it easier to drop off people and pick them up. The Board wanted the Promenade to be as wide as possible to facilitate booths for fairs and events. The phased approach to the project was discussed and generally favored. As time goes on, the Board will discuss the specifics of the next phases. The Board was very desirous of moving ahead with the project and getting a "shovel in the ground," and wanted to know what they had to do to make that happen. Dennis Haynes, Vice President of Burkhardt Constructionr Inc. in West Palm Beach, came to the podium. He said that they were ready to go to work if the Board so desired. After some discussion, the Board's attention was drawn to page 4779 of the agenda, the Boynton Beach Boulevard Extension Contract Proposal. Board Attorney Payne commented that this was not a contract and all parties agreed. Mr. Haynes said if this proposal came back to the Board, it would come back with this proposal with a cover sheet that would be the Work Authorization. Mr. Hutchinson asked if Mr. Haynes wanted approval for the Chairman, upon approval of the legal documents, to sign that contract in this amount. Mr. Haynes said that this was up to the Board but that this was a vehicle that would enable them to proceed on the project. Wanting to go ahead with the project without further time passing, the Board considered the specifics of the proposed Boynton Beach Boulevard Extension Contract. The proposal had a left-hand full-price column and a right-hand team recommended price column. Chairman Finkelstein said that he wanted to see some of the items pared down such as the uplighting and sculpture lighting. He envisioned doing the electrical and conduit work only in the first phase. Vice Chair Heavilin thought that the trolley shelters could be done in a later phase also. Mr. Hutchinson directed the Board's attention to the proposal that had a left-hand column reflecting the full price and a right-hand column showing the Team's recommendation. Mr. Haynes said that some the architectural features could be put in 4918 13 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 9, 2004 later, simply laying the foundations for them at this time. He thought that the furnishings and the landscaping were items that they might want to do now so they would have a "finished" product. Dale Sugerman, Assistant City Manager, stated that he had worked with Burkhardt on muir/million-dollar projects before. He recommended that the Board approve a contract for a bottom-line price, put in an amount of money for contingency, have them start on the hardscape items the Board knew it wanted, and then have them come back later when the Board could begin eliminating the items on which the Board did not wish to spend money. He believed that the contractor would spend the Board's money wisely. t4otion Mr. Barretta moved to approve the Proposal, subject to legal review and would be moved to contingency. Boynton Beach Boulevard Extension Contract approval, for $5,035,076.45, of which $1.5M Chair Finkelstein asked if Mr. Barretta would consider increasing the contingency portion of this. If the items that were being taken out of the first phase were removed, it could be rounded off to $2,035,076.45. Mr. Barretta agreed. Mr. DeMarco seconded the motion. A discussion ensued about the amount of the approved contract and the contingency. Different people suggested different ways of doing this. With Mr. Barretta's acceptance, Chair Finkelstein restated the motion and the amended motion follows: t4otion Mr. Barretta moved to approve the Boynton Beach Boulevard Extension Contract Proposal, subject to lega/ review and approval, for a base contract pr/ce of $2,988,076.45 as shown on agenda page 4?83, Subtota/ Contract Value, which contains a// the /terns above that in the right-hand co/urnn save and except under E/ectr/ca/ and Street Lighting, Up//ght/ng, for $80K, and Scu/pture Lighting for $19.2K. Any other/terns w/ii have to come back to the Board for approva/ before proceeding. Messrs. Barretta and DeMarco accepted this restatement of the original motion. Vice Chair Heavilin asked Mr. Haynes whether having to wait for a go-ahead on the Undergrounding of FPL Utilities and the Mitigation would hold up the project. Mr. Haynes said that it would not because there was earthwork and some City utilities that could be installed first. Mr. Hutchinson said the pricetag for the Mitigation item would be brought before the board along with the FPL item at the Board's April meeting. 4919 14 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 9, 2004 The motion carried unanimously. Mr. Haynes stated that the balance of the design fees to complete the design and permitting for those elements was up in the air. Chair Finkelstein stated that the Board wanted to move ahead with the project in its entirety and that Mr. Haynes should bring this back to the Board at its next meeting as a Task Order. Mr. Sugerman announced that the proposed groundbreaking ceremony was tentatively scheduled for March 18. Although all of the permits had to be in hand before a shovel hit the dirt, they were very close to getting all of them. The Board thanked Mr. Sugerman for his participation. Tn keeping with its established practice, the Board voted on whether to continue with the agenda items or carry them over to the next meeting on March 18. Mr. Hutchinson commented that he really needed to get the Board's direction on the MLK Purchase Process Update. t4otion Vice Chair Heavilin moved to hear the MLK Purchase Process Update item and to postpone the rest until the March 18 meeting. Mr. Fisher seconded the motion that was carried unanimously. C. MLK Purchase Process Update Mr. Hutchinson believed that the CRA should follow a uniform process in the acquisition of the Phase 1 Properties in the MLK Corridor. He favored following the HUD Uniform Relocation Act process, which would add to the cost but ensure a fair process for all parties concerned. Motion Mr. Fisher moved to approve staff's recommendation to following the HUD Uniform Relocation Act in the acquisition of Phase 1 Properties in the MLK Corridor. Mr. Tillman seconded the motion that carried unanimously. The following agenda items are postponed until the hlarch 18~ 2004 meeting: B. Cash Flows, Budgets, and Financial Projections for Board Direction C. Design Guidelines: Request for Comments 4920 15 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 9, 2004 VIII. OLD BUSINESS IX. A. Consideration of Fac;ade Grant for Delray Boynton Academy (Tabled) NEW BUSINESS A. Consideration of Revised Direct Incentive Program B. Consideration of the Business Genesis Program C. Consideration of Special Pilot Program for Police Patrol in Heart of Boynton and the CBD D. Consideration of Regions Core Grant Applicants X. COMMISSION AGENDA XI. BOARD MEMBER COMMENTS XII. LEGAL XIII. OTHER ITEMS XIV. 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 (Hay) XV. ADJOURNMENT By mutual consent, the meeting was duly adjourned at 9:56 p.m. The Board will reconvene to complete the balance of the agenda items on March 18, 2004 at 6:30 4921 16 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 9, 2004 Respectfully submitted, Susan Collins Recording Secretary (031004) 4922 17 CONTINUED REGULAR MEETING OF THE COMMUNITY REDEVELOPMENT AGENCY, HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON THURSDAY, MARCH 18, 2004 AT 6:30 P.M. Present Larry Finkelstein, Chairman Jeanne Heavilin, Vice Chair Alexander DeMarco Don Fenton Charlie Fisher Henderson Tillman Absent James Barretta I. Call to Order Douglas Hutchinson, CRA Director Lindsey Payne, Board Attorney Susan Vielhauer, Controller Chairman Finkelstein called the Continued Regular Meeting to order at 6:30 p.m. II. Roll Call The Recording Secretary called the roll and declared a quorum was present III. Agenda Approval Chairman Finkelstein noted that a request has been made to move up Item IX. C. "Consideration of Special Pilot Program for Police Patrol in Heart of Boynton and the CBD." Motion Mr. Fisher moved that Item IX.C. be heard as the first item on the agenda. Motion seconded by Mr. DeMarco and unanimously carried. IX. New Business C. Consideration of Special Pilot Program for Police Patrol in Heart of Boynton and the CBD (addressed out of order) Mr. Hutchinson reported that previously some concepts had been discussed to put ' together a patrol in the Heart of Boynton and the CBD. These patrols would be in addition to the City's regular patrols. 4923 Meeting Minutes Continued Regular Community Redevelopment Agency Meeting Boynton Beach, Florida March 18, 2004 A pilot program has been prepared and will be presented tonight. The program has been reduced in size, scope and equipment and is within budget. The coverage provided will be specifically designated for the CRA. The equipment will be marked "CRA" and the uniforms will be distinguished from the regular City uniforms. Mr. Hutchinson noted that Chairman Finkelstein asked what the difference would be between using the City's police personnel and hiring a private security company. Mr. Hutchinson introduced Police Chief Gage who was present to answer any questions. Mr. Fisher inquired if this would affect the existing units that patrol these areas now. Chief Gage responded that the CRA units would not replace any existing zones or areas of patrol. Mr. Fisher also inquired if the CRA would be receiving experienced officers as opposed to new hires. Chief Gage explained that the officers who want to work these two areas would have to go through an interview panel and younger, inexperienced officers would not qualify, nor would probationary officers. He further explained that these are specialty positions and would be filled by experienced officers. Chairman Finkelstein asked what the CRA would receive for $150,000 ($75,000 for each area). Chief Gage pointed out that this would apply to this year's budget for six months. He reported that the CRA would receive two officers that would be assigned to each area that will work varying hours in 11¼-hour shifts, according to the needs of the area. The CRA will not receive 24-hour coverage. He will be sitting down with the Director and staff to determine what the best hours would be for deployment. The officers would be assigned to separate shifts so that there would be an officer on duty each day, but for only 11% hours per day in each area. Vice Chair Heavilin asked about the hours they would be on duty and Chief Gage envisioned that the shift would probably begin around noon and end before midnight; or it could begin in the afternoon and go beyond midnight. Mr. Hutchinson noted that it is a pilot program and they will be looking at the crime statistics in those areas. Vice Chair Heavilin questioned if there was an actual need at this time to have extra police officers while the construction is going on and nothing new has opened. She inquired if the contractors were responsible for providing security for their construction sites. Chief Gage explained that the contractors were responsible for the areas within the confines of their construction fences. Contractors are not responsible for anything outside their areas including the roadways. Chief Gage reported that an auto burglar was apprehended yesterday in the downtown area and there is crime in the downtown area. He felt that there would be enough use for the officers. Chief Gage was going to do his best to have an officer on the street the day that the CRA funds the program. He explained that it takes months to hire an officer, which means that his Department will be absorbing the costs for finding the officers and training them. He noted that the officers that the CRA funds will not be on duty for a year and he will be putting senior officers to work. 4924 Meeting Minutes Continued Regular Community Redevelopment Agency Meeting Boynton Beach, Florida March 18, 2004 Mr. Fisher noted that there are vagrants and homeless people in the downtown and MLK area. He felt that having another patrol car in these areas would help move these people out of the City. Chief Gage confirmed that when police officers have a presence in an area, the undesirables move on. In response to the question regarding employing security guards instead of police officers, criminals do not move for security officers. They do not take them seriously and intimidate them. Also, security guards have no enforcement powers; they have to call the Police. Mr. DeMarco noted that this is a pilot program and felt that Chief Gage should move forward with what he thinks is best for the program and occasionally report back to the Director. Mr. Fisher inquired how would the Board would determine if they want to keep the program six months from now and does the Board have any realistic needs. Mr. Tillman felt that Mr. Fisher's question would be answered with the statistics at the end of the six- month period. At that time an assessment of the program could be made. Mr. Tillman inquired if the 1 l~-hour shifts could be used during varying times and Chief Gage responded that he cannot split the time, but he could direct the time that would be the best time for a particular area. Mr. Fenton recalled that two years ago he proposed a pilot program from Thursday through Sunday. He felt that the officers should be on duty later than midnight on weekends. Chief Gage responded that he could be flexible on the specific hours that the officers work, but he could not be that flexible on the days due to the contracts with the bargaining units. Mr. Fenton inquired if there could be an officer on duty on the weekends from 2:00 p.m. to 1:30 a.m. Chief Gage explained that the hours of work and shifts of the officers are bargaining issues, but he does have some flexibility. Mr. Fenton inquired if there were more problems on weekends as opposed to weekdays. Chief Gage did not think that this would apply to the two CRA areas. Mr. Fenton felt that they needed to come up with some criteria for monitoring the program. Chief Gage pointed out that his Department has enough data and that statistics do not always present the true picture. Chairman Finkelstein stated that the Board needs to justify why this is a proper expenditure for the CRA. Mr. Hutchinson noted that Chapter 163 allows CRAs to contract for special services above and beyond the base services supplied by the City. The CRA cannot arbitrarily give money to City operations, such as EMS, fire and police. As pointed out, equipment and officers would have special markings, and this is a purchase of services above and beyond existing City services. Mr. Fenton inquired who would be responsible for the liability insurance. Mr. Hutchinson said that this would be set out in the contract that the CRA enters into with the Police 4925 Meeting Minutes Continued Regular Community Redevelopment Agency Meeting Boynton Beach, Florida March 18, 2004 Department. Attorney Payne asked Chief Gage if he would be willing to be liable for these types of expenses. Chief Gage could not speak for the City, but he noted that the City has an obligation to hold the Police Department responsible as well as himself. Mr. Fenton inquired if the officers could carry tasers in lieu of handguns. Chief Gage stated that the Officers must carry a gun. The officers are currently being trained to use tasers, but you cannot fight a handgun with a taser. Officers that have been trained are now carrying both a taser and a handgun. Mr. Fenton requested that this be revisited in six months. Referring to the budget included in the agenda for the program, Chairman Finkelstein inquired if the Board was being asked to approve a lump sum contract. Mr. Hutchinson stated that was correct, but he broke down the budget so that the Board could see where the money would be spent. Mr. Hutchinson pointed out that it was important to keep accurate records on the items that the money is being spent on in the event of an audit. Chairman Finkelstein added that the mason the CRA is entering into the program is to ensure that the area is safe to promote redevelopment of the ama. Vice Chair Heavilin inquired about the office space mentioned in the budget. Chief Gage stated that they are looking for office space and the figure in the budget is an estimate of what it would cost to rent some office space. He noted that they were requested to have an office for presence in the areas. Chief Gage felt that there was a high need for office space in the downtown area. With regard to the Heart of Boynton area, he did not envision that they would need office space immediately. Motion Mr. Tillman moved to approve the specialized police service in and for the City of Boynton Beach in the Heart of Boynton area and the CBD as a pilot program, and the Director and/or his designee and the Police Chief will provide a report as to the usefulness of the Pilot Project Program at the end of the six month period of time. Motion seconded by Mr. Fisher and unanimously carried. Vice Chair Heavilin requested that a timeframe be stated in the motion. Chairman Finkelstein stated that it was for the 2003-2004 budget year. Mr. Tillman amended his motion to include that it was for the 2003-2004 budget year. Mr. Fisher seconded the amended motion that unanimously carried. Attorney Payne will prepare a contract that will be brought back to the Board for approval. Mr. Hutchinson pointed out that the applicant in Item IX.D. was present and asked that this item be addressed next. Mr. Hutchinson reported that Tropical Flavors II has withdrawn their application. The Board will only be considering a Regions Core Grant for the Boynton Delray Academy. 4926 4 Meeting Minutes Continued Regular Community Redevelopment Agency Meeting Boynton Beach, Florida March 18, 2004 Motion Mr. Fisher moved that Item IX. D be heard next. Motion seconded by Mr. Tillman and unanimously carried. D. Consideration of Regions Core Grant Applicants (addressed out of order) Ms. Vielhauer reported that there were replacement pages for this item. She brought the grant papers to the County's Economic Development Office on Monday. After the papers were reviewed by Ms. Pam Nolan, who made a few suggestions for each application, Ms. Vielhauer made the appropriate changes and included them with the application. Ms. Vielhauer explained the process that staff followed. Public notice was given that the applications were available for people to apply for the grant. Twenty-six interested parties obtained applications, but only two submitted actual grant applications. If the Board approves the grants, they would go to Ms. Nolan's office for review and approval. After the Economic Development Office approves the grant request, it would next go to the County Commissioners for approval. If everything goes according to schedule, a signed contract should be provided by June. Joe Green, 900 Seacrest Boulevard, the applicant, assumed the podium. Chairman Finkelstein asked Mr. Green if the equity requirement of $80,000 was coming from the $110,000 in the Sun Trust statement in the application packet. Mr. Green stated that this was correct. Motion Vice Chair Heavilin moved to approve the Core Grant Application for Delray Boynton Academy. Motion seconded by Mr. Fisher. Vote Motion carried unanimously Mr. Hutchinson requested that the Executive Director have the ability to sign the grant application and other related paperwork. Motion Mr. Fisher moved to allow the Executive Director to sign any documents associated with this particular grant application. Motion seconded by Mr. Tillman and unanimously carried. A. Consideration of Revised Direct Incentive Program Mr. Hutchinson reported that this is the CPA's existing incentive program that had been used previously for The Arches. In order to get the Traffic Concurrency Exemption Area (TCEA) approved, the County is requiring Boynton Beach to have in place a mandated 4927 5 Meeting Minutes Continued Regular Community Redevelopment Agency Meeting Boynton Beach, Florida March 18, 2004 affordable housing provision for traffic concurrency. Unless this is made a part of the downtown concurrency projects, the TCEA would not be approved. The Boynton Beach CRA program will set the benchmark in the County. The County has asked that the property be held for ten years instead of the current three years, which is the duration of the incentive to the developers. With this provision, it will pass as the County criteria for the TCEA program. If the CRA does not pass a program similar to this, a new program will have to be developed that would mandate this. Chairman Finkelstein inquired what the scenario would be if a major hotel wanted to build and applied for incentives. Mr. Hutchinson responded that they would have to put in a rate that so many of their rooms would be discounted at below market access. Mr. Hutchinson pointed out that this is a critical issue in the County, as well as nationally. Mr. Fisher asked for clarification between the three year and ten year period. Mr. Hutchinson responded that there would be a provision that a developer through a deed restriction could not profit more than 3% above the inflation value if the property were sold. If the property were sold above the 3% inflation value, those sums would go back to the CRA to be put back into the program. Mr. Fenton questioned the validity that there is no affordable housing for the working family. Mr. Hutchinson responded that the average price for a home in Palm Beach County is almost $300,000. Also, Mr. Fenton inquired if there was real estate appreciation at 14% in Boynton Beach. Mr. Hutchinson stated that the appreciation in the downtown area went up over 14%. Mr. Fenton felt that this was an abnormal statistic and offering affordable housing would only downgrade projects. Mr. Hutchinson disagreed with this assumption and noted that the program would accommodate a broader spectrum of incomes and this will give developers an incentive so they would not lose money. Vice Chair Heavilin had a question regarding the paragraph on page 4845 that stated "The Project must score at least 2 pts in this Affordable Access category .... "but there is a maximum of 20 points. She felt that 2 pts was too Iow and Mr. Hutchinson stated that they could go higher. Vice Chair Heavilin noted that she is out in the market every day trying to find affordable housing for working class families and they are already priced out of the market. Mr. Fenton also questioned "substandard requirements for the Heart of Boynton Beach." He felt if substandard housing was allowed to be built this would only downgrade the area. Mr. Hutchinson explained that just because a project is small does not make it substandard. In the Heart of Boynton there is a set of thresholds that encourage small, good quality projects to apply for incentives. By doing this, you would actually increase the quality of projects. Mr. Fisher has several questions on how the price of the housing would be determined for these smaller projects. Chairman Finkelstein explained that a developer would sell 4928 Meeting Minutes Continued Regular Community Redevelopment Agency Meeting Boynton Beach, Florida March 18, 2004 the houses below market as affordable housing. The difference between what it cost the developer to build the house and what he sold it for would be made up by participating in this program. Mr. Hutchinson also explained that to qualify for the incentive program, for example, a developer would have to offer 10% of the units at 10% under market. Mr. Hutchinson also noted that the City is losing small businesses and it is difficult for these businesses to find property that they could afford. The incentive program could apply toward rents and condo purchases, plus they would be eligible for the Region's Core Grant. This program will also help attract small businesses to the downtown. Chairman Finkelstein questioned why this was mandated by the TCEA since the TCEA is only in the CBD. Mr. Hutchinson stated that the TCEA also includes the Heart of Boynton because they have to provide affordable housing. Chairman Finkelstein referred to page 4841 of the agenda under "Type of Project" that stated medical and health care services were permitted. He thought that previously they were not allowed. Mr. Hutchinson noted that they had discussed this, but they were never removed. Mr. Hutchinson also stated that the LDR limits the amount of space available in mixed use projects dedicated to that use. Chairman Finkelstein was not comfortable requiring a developer to hold a project for 10 years. Mr. Hutchinson noted that it was not the developer that was liable, but the property owner and this would be contained in a deed restriction. Mr. Hutchinson pointed out, however, that a developer does not have to participate in the program if he did not want to. Chairman Finkelstein also inquired that if a very large project came in and the CRA wanted to offer them incentives could they waive the requirement that the developer participate in the program. Mr. Hutchinson was not certain on this, but felt that they would be in violation of the TCEA approved plan. Chairman Finkelstein would like clarification on this one point. Vice Chair Heavilin inquired if a developer came in with a three-phase project, could the developer apply for the incentive on just one phase and Mr. Hutchinson stated that this was possible. Attorney Payne responded to Chairman Finkelstein's question if a waiver were possible and she stated that to have a waiver process there would have to be criteria set. Mr. Fisher thought that they could move forward with this program and work on a waiver process that could be incorporated at a later date. Attorney Payne said that was possible, but she did not know if this would affect the TCEA issue. Mr. Hutchinson's biggest concern was how the program would be monitored. Chairman Finkelstein felt that they should move forward with the program, but he would like to look closely at the next real project. Also, he would like to have the ability to waive the program without affecting the TCEA. Chairman Finkelstein requested that Mr. Hutchinson determine if these regulations are mandated by forcing them upon developers without having the ability to be flexible with the Program. 4929 7 Meeting Minutes Continued Regular Community Redevelopment Agency Meeting Boynton Beach, Florida March 18, 2004 Chairman Finkelstein noted that there was a "0" missing on page 6 of 19 under the "Heart of Boynton Area;" $500,00 should be $500,000. Motion Mr. Fisher moved to approve. Motion seconded by Mr. Tillman and carried 5-1 (Mr. Fenton dissenting). B. Consideration of the Business Genesis Program Mr. Hutchinson reported that the program has been revised and there are no paid consultants. The mentor program has a selection committee comprised of partners in the project, as well as members of the CRA Board. The partners in the program are FAU, Chamber of Commerce and the SBA would like to become part of the project as well. They are looking for a small group and the program will run for 14 months. They would like to have some kind of event for the developers to meet local businesspeople and for local businesspeople to learn more about developers. There has been interest expressed by some banks and private investors and the banks are eager to provide mentors for the program. Mr. Hutchinson offered to answer any questions and noted that Ms. Johnson from the Chamber of Commerce was also present. Chairman Finkelstein noted that on page 4858 of the agenda, under Economic Development Grants, it states that grants for capital improvements have been secured and inquired if in fact they have already received some grants. Mr. Hutchinson explained that they have secured the Core Grant Program where people could apply for grants. Chairman Finkelstein felt that this should be clarified. On Page 4862, Chairman Finkelstein noted that it states that businesses must be located in the BODA, CBD and HOB areas and businesses located in buildings being removed. Chairman Finkelstein thought that this might restrict the program. Mr. Hutchinson stated that these businesses would receive higher scoring because they are in the core areas. Chairman Finkelstein questioned that the final list would be between 10 to 16 and felt that this was a large group to mentor during the first phase of the program. Mr. Hutchinson responded that this had been discussed with the five mentors, but this could be adjusted. Also, Chairman Finkelstein did not think that the CRA should require that participants be a member of the Chamber of Commerce or B©DA since this is a CRA program. Vice Chair Heaviiin had the same concerns and Mr. Hutchinson noted that the Chamber of Commerce is a partner in the program. Chairman Finkelstein responded that even though the Chamber is a partner in the program, he did not think that participants had to be members of any outside entity. 493O 8 Meeting Minutes Continued Regular Community Redevelopment Agency Meeting Boynton Beach, Florida March 18, 2004 Chairman Finkelstein inquired where the list of businesses was obtained. Mr. Hutchinson responded that these are actual businesses within the downtown core area from Boynton Beach Boulevard to the Intracoastal, the CBD area and the Heart of Boynton. There are approximately 188 businesses that will receive the mailing. Mr. Tillman noted that on page 4862 of the agenda the bullet that reads "business location in BODA/CBD and HOB Area" should be changed to read that businesses must be located in the CRA area. Chairman Finkelstein recommended removing BODA and leaving the CBD and HOB Area, as well as removing the requirement that they must be members of BODA and the Chamber. Motion Vice Chair Heavilin moved to approve the Business Genesis Program with the deletion of business location and BODA and membership requirements. Motion seconded by Mr. Tillman. Mr. Hutchinson also noted that on page 4858 dealing with grants the word "secured" would be changed to "available." Vice Chair Heavilin agreed to amend her motion to include Mr. Hutchinson's recommendation and Mr. Tillman seconded the amended motion that unanimously carried. X. Commission Action Chairman Finkelstein asked about the tiki hut and Mr. Hutchinson responded that the Commission tabled it. Mr. Fisher reported on the Deliverance by Faith Church that this Board denied. The Commission gave direction to staff to report back to the Commission what staff is doing to find alternatives for another location for the church. Mr. Hutchinson said that they have been looking at parcels that the CRA would be purchasing. Chairman Finkelstein noted that this was a good alternative and they have already started looking at this. Mr. Hutchinson noted that the Board had asked the City to help with purchasing property within the Heart of Boynton. He felt, however, that in situations like this the CRA needs to be kept apprised of what is going on. Chairman Finkelstein also pointed out that all the decisions that the City arrived at were to come back to this Board for approval. Mr. Hutchinson reported that a new Chair and Vice Chair had been elected at the Commission meeting. He stated that the current Chair has been involved in many major contracts with Kimley-Horn and Burkhardt and inquired if Mr. Finkelstein could still assist with these contracts. Mr. Fisher felt that this would be acceptable, but he would like the new Chair to become involved in these issues so that the transfer of knowledge could take place. 4931 9 Meeting Minutes Continued Regular Community Redevelopment Agency Meeting Boynton Beach, Florida March 18, 2004 Attorney Payne stated that each Board member could participate and provide input because of their special skills or ability. It does not have to be limited to the Chair. Chairman Finkelstein noted that the bank signature cards need to be changed and Ms. Vielhauer responded that she has already requested new cards. XI. Board Member Comments Mr. Fisher inquired if the CRA could move some of their TIF funds to actually pay to build the fire station building that would be located in the CRA. Mr. Fisher felt that this would be a means for the CRA to reinvest in the community and to offset tax dollars citywide with CRA TIF money. Mr. Hutchinson noted that the fire stations are funded by the fire assessment. However, Mr. Hutchinson pointed out that the office for the police and the special events EMS was looked at being placed within the Promenade and this Board would be asked to consider this at a future date. Mr. Hutchinson explained that in order for the CRA to build the fire station, it would have to be an extra station; it cannot be the actual fire station that provides general fire coverage to the City. Chairman Finkelstein noted that the CRA has a large budget for items that they want to accomplish and felt that the Board needs to be careful on how it spends its money. Ms. Vielhauer informed the Board that in the future all information furnished to the Board as FYI would be provided on light blue paper so that it would not be confused with agenda items. Vice Chair Heavilin made the following announcements: The groundbreaking for the Boynton Beach Extension and Promenade is scheduled for March 23, 2004 at 5:30 p.m. The joint Commission/CRA Workshop is scheduled for Tuesday, March 30, 2004 at 6:30 p.m. in the Library. Mr. Hutchinson pointed out that the City is preparing the agenda. Chairman Finkelstein stated that if any member wants to add anything to the agenda they should contact Mr. Hutchinson and request that he forward it to the City. Vice Chair Heavilin asked when the budget workshop was scheduled and Mr. Hutchinson responded that it is scheduled for Thursday, April 15th in the Library at 6:30 p.m. Chairman Finkelstein congratulated the new Chair and Vice Chair. XI. Legal None 4932 10 Meeting Minutes Continued Regular Community Redevelopment Agency Meeting Boynton Beach, Florida March 18, 2004 Xll. None XIII. Other Items 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) XlV. Adjournment There being no further business, the meeting properly adjourned at 8:05 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (March 23, 2004) 4933 MEMO TO: CRA Board FROM: Susan Vielhauer SUBJECT: Financials DATE: April 2, 2004 BALANCE SHEET NOTES We received $5,468.91 in interest from the Money Market Account this month. Additionally, we received the final checks for the outstanding balances on the TIF for Palm Beach County and the City of Boynton Beach totaling $238,847.74. Accounts Payable includes the following expenses incurred in March; Office Depot $639.84, Alan Business Machines $85.00, CD Publications $509.00, CompDent $52.48, Downtown Promotion Reporter $184.50, Fed Ex $84.16, Guidance Pathway Systems $2,005.00, Imagistics $343.00, Kimley-Horn Associates, Inc. $19,700.00, City of Boynton Beach $210.90, and Sun Trust $293.83. These expenses will be paid on April 13, 2004. Accrued Liabilities include the following; Accrued Compensated Time Off $11,928.65, Accrued Salaries ($514.59), and Accrued Health Insurance ($114.00). 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. 4934 The Current Period includes the beginning balance of all accounts as of the first of the month. Current Revenues received this month include $6,144.95 in interest and $23,8847'.74 in TIF Revenues. Currently the % of budget remaining should be at 50% of the total approved budget. The following categories are below the 50% due to the following reasons: 1. Workers Compensation - Over due to the cost of the renewal must be paid up front. This is a one-time yearly expense. 2. Audit - Over due to the cost of the audit is incurred at the beginning of the 2003- 2004 year. This is a one-time yearly expense. 3. Maintenance & Cleaning - Over due to Relax Inn Lot mowing, this has been cancelled and unforeseen need for printer maintenance. 4. IT Support- Over due to cost is a quarterly expense not a monthly expense. 5. Rent Expense - Over due to rent is paid at the end of the month for the next month's rent. 6. Property / General Liability - Over due to the cost of the renewal must be paid up front. This is a yearly expense not monthly expense. 7. Bond Insurance - Over due to the cost of the renewal must be paid up front. This is a yearly expense not monthly expense. 8. Professional Insurance - Over due to the cost of the renewal must be paid up front. This is a yearly expense not monthly expense. 9. 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. 10. Office Supplies - Over due to the cost of the project books and planning and development books. Staff is charging for books and maps to offset cost. 11. Membership / Subscriptions - Over due to the cost are not monthly, but based upon renewal dates. Staff does not anticipate a problem staying in line with the budget. 4935 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. 4936 Community Redevelopment Agency of Boynton Beach Balance Sheet Government Funds March 31, 2003 ASSETS Total Community Redevelopment 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-Fum./Equip Total Assets $ $ $ $ $ $ $ $ $ 6,520,451.39 3,849.64 869,209.96 $ 13,725.68 $ (3,524.34) $ 7,403,712.33 LIABILITIES AND FUND BALANCES Liabilities: Accounts Payable Accrued Liabilities Note Payable $ 24,053.71 $ 11,3OO. 10 $ 2,752,345.10 Total Liabilities $ 2,787,698.91 Fund Balances: General Fund Change in Fund Balance $ 3,295,835.16 $ 1,320,178.26 Total Fund Balances $ 4,616,013.42 $ 7,403,712.33 Total Liabilities and Fund Balances 4937 Income Statement January 6, 1900 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 $238,847.74 $o.oo $o.oo $o.oo $o.oo $o.oo $6,144.95 $6,144.95 $o.oo $o.oo $6,144.95 YTD $2,278,787.00 $0.00 $o.oo $o.oo $o.oo $o.oo $23,934.86 $23,934.86 $4,170.00 $4,170.00 $28,104.86 Current Total $2,517,634.74 $2,517,634.74 $0.00 $0.00 $o.oo $o.oo $3o,o79.81 $30,079.81 $4,170.00 $4,170.00 $2,551,884.55 4938 Income Statement Use of Funds Debt Service Debt Service Principal Payment Interest Expense Payment Debt Issue 1 Sinking Fund Issuance Cost Total Debt Service Program Expenses Web Site Updates / Expansion Printing & Promotional Programs Police Programs Transportation / Trolley Festivals / Events / Bus. Programs High School Project Fa~;ade Grant Program Economic Incentive Program Miscellaneous Programs Total Program Expenses Project Expenses Riverwalk / Promenade Project HOB Commercial / Improvements Way-Finding Signage Marina Parking Garage CBD Parking Site Savage Creatures Complex Miscellaneous Projects Total Projects Expenses General & Administrative Salaries & Contract Labor Payroll Tax Disability Retirement 457 Plan Accrued Time Off Workers Compensation Health Insurance Life Insurance Professional Fees - Audit Professional Fees - City Staff Professional Fees - Contracted Services Professional Fees - Legal Professional Fees - Maint. & Cleaning Professional Fees - IT Support Rent Expense Telephone Expense Electric Expense Equipment Leases Office Leasehold Improvements Current $64,715.95 $91,233.19 $o.oo $o.oo $o.oo $155,949.14 $0.00 $o.oo $o.oo $o.oo $7,679.02 $o.oo $o.oo $o.oo $o.oo $7,679.02 $379,137.93 $o.oo $2,005.00 $o.oo $o.oo $o.oo $10,000.00 $391,1 42.93 $15,816.46 $1,237.27 $153.31 $2OO.OO $177.84 $144.86 $1,536.14 ($32.48) $o.oo $210.90 $50,605.89 $11,913.87 $245.OO $647.50 $1,120.00 $401.46 $156.36 $343.OO $o.oo YTD $o.oo ($5,071.11) $o.oo $o.oo $o.oo ($5,071.11) $9,950.00 $o.oo $o.oo $o.oo $19,129.17 $o.oo $o.oo $9,750.00 $o.oo $38,829.17 $290,628.66 $o.oo $18,333.26 $o.oo $o.oo $o.oo $o.oo $308,961.92 $87,402.95 $4,776.41 $723.97 $2OO.OO $4,489.18 $601.60 $5,992.26 $241.24 $5,975.OO $2,077.57 $68,936.14 $23,187.00 $1,595.00 $6,797.50 $6,72O.OO $2,481.75 $729.16 $1,833.50 $o.oo Current Total $64,715.95 $86,162.08 $o.oo $o.oo $o.oo $150,878.03 $9,950.00 $o.oo $o.oo $o.oo $26,808.19 $o.oo $o.oo $9,750.00 $o.oo $46,508.19 $669,766.59 $o.oo $20,338.26 $o.oo $o.oo $o.oo $10,000.00 $700,104.85 $103,219.41 $6,013.68 $877.28 $400.00 $4,667.02 $746.46 $7,528.40 $208.76 $5,975.00 $2,288.47 $119,542.03 $35,100.87 $1,840.00 $7,445.00 $7,840.00 $2,883.21 $885.52 $2,176.50 $o.oo 4939 Income Statement Property / General Insurance Bonding Insurance Professional Insurance Promotional / Business Meeting ORA 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 $249.01 $32.42 $261.85 $372.03 $0.00 $36.92 $o.oo $127.91 $276.92 $954.37 $39.50 $612.98 $0.00 $688.00 $0.00 $o.oo $341.86 $61.00 $64.56 $233.91 $o.oo $89,230.62 $644,001.71 ($637,856.76) YTD $340.60 $112.94 $1,309.25 $308.49 $919.92 $85.84 $4,542.10 $260.22 $1,523.06 $4,665.23 $450.86 $954.81 $204.00 $1,252.95 $194.50 $634.50 $1,014.93 $204.77 $68.40 $1,169.55 $7.45 $244,977.15 $587,697.13 ($559,592.27) Current Total $589.61 $145.36 $1,571.10 $680.52 $919.92 $122.76 $4,542.10 $388.13 $1,799.98 $5,619.60 $490.36 $1,567.79 $204.00 $1,940.95 $194.50 $634.50 $1,356.79 $265.77 $132.96 $1,403.46 $7.45 $334,215.22 $1,231,706.29 $1,320,178.26 4940 March 31,2003 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 MaJnt. & Cleaning I.T. Support Total Professional Services Office Rent Expense Phone Expense Electric Expense Office Total Equipment Leases Expenses Insurance Property/General Insurance Bond/Liability Insurance Professional Insurance Insurance Total Travel/Entertainment Expense Promotional/Business Meetings CRA Meeting/Presentation Association Meeting Seminars Mileage & Delivery Services Car Allowance- Director Total Travel Expenses Office Supplies Office Expense Office Supplies Total Office Supplies Licenses, Books, Publication Licenses, Fees, Permits Memberships, Subscriptions Books & Publication Total Licenses, Books, Publicati, Advertising & Public Notices Career Development Office Printing Expense Miscellaneous Expense Community Redevelopment Agency of Boynton Beach Amended Year To Current YTD 03/04 2003/2004 2003/2004 Date Period Totals Including Budget Bud~let Bud~let Totals March Current Month Remainin~l 4,751,917.00 5,207,162.00 5,207,162.00 6,930,618.99 5,207,162.00 2,361,158.00 0.00 75,000.00 0.00 7,188,075.00 207,500.00 15,563.00 9,375.00 0.00 1,824.00 16,800.00 540.00 251,602.00 44,000.00 6,000.00 170,000.00 7,500.00 2,800.00 13,360.00 243,660.00 14,112.00 7,800.00 1,875.00 23,787.00 4,356.00 1,438.00 350.00 3,900.00 5,688.00 4,800.00 3,000.00 504.00 6,735.00 1,080.00 3,600.00 19,719.00 1,500.00 7,500.00 9,000.00 1,250.00 3,316.00 500.00 5,066.00 4,000.00 4,000.00 4,500.00 500.00 % of Budget Remainin 2,374,597.00 2,278,787.00 238,847.74 2,517,634.74 0.00 0% 0.00 0.00 0.00 0.00 0.00 N/A 75,000.00 23,934.86 6,144.95 30,079.81 44,920.19 60% 0.00 0.00 0.00 0.00 0.00 N/A 2,449,597.00 2,302,721.86 244,992.69 2,547,714.55 44,920.19 207,500.00 87,402.95 15,816.46 103,219.41 15,563.00 4,776.41 1,237.27 6,013.68 9,375.00 200.00 200.00 400.00 2,000.00 723.97 153.31 877.28 1,824.00 0.00 1,521.63 1,521.63 16,800.00 5,992.26 1,536.14 7,528.40 540.00 241.24 -32.48 208.76 253,602.00 99,336.83 20,432.33 119,769.16 76,742.00 23,187.00 11,913.87 35,100.87 6,000.00 2,077.57 210.90 2,288.47 219,511.00 68,936.14 50,605.89 119,542.03 7,500.00 5,975.00 0.00 5,975.00 2,800.00 1,595.00 245.00 1,840.00 13,360.00 6,797.50 647.50 7,445.00 325,913.00 108,568.21 63,623.16 172,191.37 14,112.00 6,720.00 1,120.00 7,840.00 7,800.00 2,481.75 401.46 2,883.21 1,875.00 729.16 156.36 885.52 23,787.00 9,930.91 1,677.82 11,608.73 4,356.00 1,833.50 343.00 2,176.50 104,280.59 50% 9,549.32 61% 8,975.00 96% 1,122.72 56% 302.37 17% 9,271.60 55% 331.24 61% 133,832.84 53% 41,641.13 54% 3,711.53 62% 99,968.97 46% 1,525.00 20% 960.00 34% 5,915.00 44% 153,721.63 63% 6,272.00 44% 4,916.79 63% 989.48 53% 12,178.27 51% 2,179.50 50% 1,438.00 478.83 897.74 1,376.57 61.43 4% 350.00 372.26 0.00 372.26 -22.26 -6% 3,900.00 2,909.77 0.00 2,909.77 990.23 25% 5,688.00 3,760.86 897.74 4,658.60 4,800.00 308.49 372.03 680.52 3,000.00 919.92 0.00 919.92 504.00 85.84 36.92 122.76 6,735.00 4,542.10 0.00 4,542.10 1,080.00 260.22 127.91 388.13 3,600.00 1,523.06 276.92 1,799.98 19,719.00 7,639.63 813.78 8,453.41 1,500.00 450.86 39.50 490.36 7,500.00 4,665.23 954.37 5,619.60 9,000.00 5,116.09 993.87 6,109.96 1,250.00 204.00 0.00 204.00 3,316.00 1,252.95 688.00 1,940.95 500.00 194.50 0.00 194.50 5,066.00 1,651.45 688.00 2,339.45 4,000.00 634.50 0.00 634.50 4,000.00 1,014.93 341.86 1,356.79 4,500.00 204.77 61.00 265.77 500.00 68.40 64.56 132.96 4941 1,029.40 18% 4,119.48 86% 2,080.08 69% 381.24 76% 2,192.90 33% 691.87 64% 1,800.02 50% 11,265.59 57% 1,009.64 67% 1,880.40 25% 2,890.04 32% 1,046.00 84% 1,375.05 41% 3O5.50 61% 2,726.55 54% 3,365.50 84% 2,643.21 66% 4,234.23 94% 367.04 73% Debt Service Principal Payment Interest Expense Debt Issue 1 Sinking Fund issuance Cost Total Debt Service Operating Expense 134,925.23 134,925.23 0.00 64,715.95 182,372.73 182,372.73 .5,071.11 91,233.19 200,000.00 200,000.00 0.00 0.00 20,000.00 20,000.00 0.00 0.00 60,000.00 60,000.00 0.00 0.00 597,297.96 597,297.96 -5,071.11 155,949.14 1,173,175.96 1,257,428.96 234,688.97 245,886.26 64,715.95 86,162.08 0.00 0.00 0.00 150,878.03 480,575.23 70,209.28 52% 96,210.65 53% 200,000.00 100% 20,000.00 100% 60,000.00 100% 446,419.93 75% 776,853.73 4942 Amended Year To Current 2003/2004 2003/2004 Date Period Budget Budget Totals March PROGRAMS Office Equipment~Furnlture Office Leasehold Improvements Web Site Update/Expansion Printing & Promotional Program Police Central Business District 175,000.00 Heart of Boynton 175,000.00 Total Police 350,000.00 Transportation/Trolley 150,000.00 Festivals/Events/Bus. Program 50,000.00 Facade Grants 100,000.00 Economic Development Grants 50,000.00 PROJECTS RIverwallrJPromenade Projects HOB Commercial/Improvements Way-Finding Signage Marina Parking Garage CDC Parking Site Savage Creatures Complex Miscellaneous Projects TOTALS EXPENSES Total Reserve Balance Before De Proposed Bonds TOTAL RESERVE BALANCE 2,500.00 2,500.00 1,500.00 1,500.00 10,000.00 35,000.00 17,500.00 17,500.00 YTD 03/04 % of Totals Including Budget Budget Current Month Remaining Remainir 954.81 612.98 1,567.79 0.00 0.00 0.00 9,950.00 0.00 9,950.00 0.00 0.00 0.00 175,000.00 0.00 0.00 0.00 175,000.00 0.00 0.00 0.00 350,000.00 0.00 0.00 0.00 150,000.00 0.00 0.00 0.00 50,000.00 14,959.17 7,679.02 22,638.19 100,000.00 0.00 0.00 0.00 50,000.00 9,750.00 0.00 9,750.00 2,150,000.00 2,150,000.00 290,628.66 379,137.93 600,000.00 846,600.00 0.00 0.00 50,000.00 60,451.00 18,333.26 2,005.00 1,050,000.00 1,050,000.00 0.00 0.00 1,750,000.00 1,750,000.00 0.00 0.00 75,000.00 75,000.00 0.00 0.00 50,000.00 50,000.00 0.00 10,000.00 7,629,675.96 7,995,979.96 579,264.87 645,321.19 -441,600.96 -339,220.96 6,930,618.99 6,530,290.49 2,000,000.00 2,000,000.00 0.00 0.00 1,558,399.04 1,660,779.04 6,930,618.99 6,530,290.49 669,766.59 0.00 20,338.26 0.00 0.00 0.00 10,000.00 1,224,586.06 6,530,290.49 0.00 6,530,290.4~9 932.21 37% 1,500.00 100% 25,050.00 72% 17,500.00 100% 175,000.00 100% 175,000.00 100% 350,000.00 100% 150,000.00 100% 27,361.81 55% 100,000.00 100% 40,250.00 81% 1,480,233.41 69% 846,600.00 100% 40,112.74 66% 1,050,000.00 100% 1,750,000.00 100% 75,000.00 100% 40,000.00 80% 6,771,393.90 4943 STATEMENT OF CASH FLOWS BEGINNING CASH BALANCE REVENUES TIF Taxes Boynton Beach Palm Beach County 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 941 Deposits Total Payroll Tax Expense Health Insurance Expense Aetna Health Insurance Comp Dent Corporation Total Health Insurance Expense Life Insurance Expense First Colony Life Insurance Total Life Insurance Expense Retirement Lord Abbot Total Retirement Expense Workers Compensation Florida Retail Federation Self Insurers Total Workers Compensation ST / LT Disability Principal Financial Group Total ST / LT Disability Professional Fees - Legal Goren, Cherof, Doody & Ezrol Total Professional Fees - Legal General / Property Insurance The Had-ford Total General / Property Insurance ,801.78 ,868.26 461.54 461.54 ,339.62 ,348.56 ,312.22 ,312.22 817.82 738.92 5,044.49 2,244.72 52.48 64.76 400.00 1,521.63 153.31 11,913.87 800.50 $ 232,506.74 $ 6,341.00 $ 238,847.74 $ 6,144.95 $ 6,144.95 $ 11,462.48 $ 5,044.49 $ 2,297.20 $ 64.76 $ 400.00 $ 1,521.63 $ 153.31 $ 11,913.87 $ 800.50 $ 6,897,683.31 $ 244,992.69 4944 Professional Fees - Contracted RMPK Group $ Kimley-Horn Associates, Inc $ Total Professional Fees - Contracted Professional Fees - IT City of Boynton Beach Carillon Financials $ 647.50 Total Professional Fees - IT Professional Fees - Maint. & Cleaning Green Team Pest Control $ 20.00 Royal Office Cleaning $ 140.00 Total Professional Fees - Maint. & Cleaning Miscellaneous Expense Art of Framing for Office $ 64.56 Total Miscellaneous Expense Rent Expense Gene Moore rent April $ 1,120.00 Total Rent Expense Electric FPL $ 156.36 Total Electric Expense Telephone Cingular Wireless $ 68.12 Bell South $ 220.00 FDN $ 113.34 Total Telephone Expense Promotional / Business Meetings Business Meetings (Martins, RJ Gators, Two Georges) (Cheese Cake Factory, Banana Boat) $ 254.51 Business Meeting $ 133.17 Total Promotional / Business Meetings Association Meeting Chamber of Commerce $ 16.92 Total Association Meetings Membership, Subscriptions FGFOA $ 20.00 Total Membership, Subscriptions Mileage & Delivery Reimbursement for Heritage Festival $ (111.78) Federal Express $ 88.71 Total Mileage & Delivery Office Expense Reimbursement on Office Supplies $ (15.00) Aqua Springs & Coffee $ 54.50 Total Office Expense Office Supplies Office Depot $ 830.42 Postage ( Large Package) $ 7.40 Pitney Bowes $ 200.00 Sold Disk $ (110.31) Total Office Supplies Office Printing Delray Blueprint Co $ 61.00 Total Office Printing 4945 6,489.19 25,100.00 $ 31,589.19 $ 647.5O $ 160.00 $ 64.56 $ 1,120.00 $ 156.36 $ 401.46 $ 387.68 $ 16.92 $ 20.00 $ (23.07) $ 39.50 $ 927.51 $ 61.00 Career Development Doug Hutchinson-ULI Doug Hutchinson-ULI Meeting - ULI Chamber of Commerence (Leadership) Total Career Development Festivals / Events / Bus. Pro / Banners Chamber of Commerce Lowes, HD Trophies Reimbursement Total Festivals / Events / Bus. Pro / Banners Principal & Interest Payments Bank of America Total Principal & Interest Payments Museum Feasibility Study Baker Leisure Group Total Museum Feasibility Study Riverwalk / Promenade / BBB Extension Burkhardt Construction Total Riverwalk ! Promenade / BBB Extension TOTAL EXPENDITURES TOTAL REVENUES OVER EXPENDITURES TOTAL RESERVE BALANCE BEFORE DEBT $ 75.00 $ 12.60 $ 14.26 $ 3OO.OO $ 7,500.00 $ 139.35 $ (130.52) $155,949.14 $ 10,000.00 $ 379,137.93 401.86 7,508.83 155,949.14 10,000.00 379,137.93 $ 622,224.61 $ (377,231.92) $ 6,520,451.39 4946 MEMO TO: CRA Board FROM: Susan Vielhauer SUBJECT: Financials DATE: April 2, 2004 INCOME STATEMENT NOTES We received $6,144.95 in interest from the Money Market Account this month. Additionally, we received the final checks for the outstanding balances on the TIF for Palm Beach County and the City of Boynton Beach totaling $238,847.74. BALANCE SHEET NOTES Accounts Payable includes the following expenses incurred in March; Office Depot $639.84, Alan Business Machines $85.00, CD Publications $509.00, Comp Dent $52.48, Downtown Promotion Reporter $184.50, Fed Ex $84.16, Guidance Pathway Systems $2,005.00, Imagistics $343.00, Kimley-Horn Associates, Inc. $19,700.00, City of Boynton Beach $210.90, and Sun Trust $293.83. These expenses will be paid on April 13, 2004. Accrued Liabilities include the following; Accrued Compensated Time Off $11,928.65, Accrued Salaries ($514.59), and Accrued Health Insurance ($114.00). 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 Pedod includes the beginning balance of all accounts as of the first of the month. Current Revenues received this month include $6,144.95 in interest and $23,8847.74 in TIF Revenues. Currently the % of budget remaining should be at 50% of the total approved budget. The following categories are below the 50% due to the following reasons: 1. Workers Compensation - Over due to the cost of the renewal must be paid up front. This is a one-time yearly expense. 2. Audit - Over due to the cost of the audit is incurred at the beginning of the 2003- 2004 year. This is a one-time yearly expense. 3. Maintenance & Cleaning - Over due to Relax Inn Lot mowing, this has been cancelled and unforeseen need for printer maintenance. 4. IT Support- Over due to cost is a quarterly expense not a monthly expense. 5. Rent Expense - Over due to rent is paid at the end of the month for the next month's rent. 6. Property / General Liability - Over due to the cost of the renewal must be paid up front. This is a yearly expense not monthly expense. 7. Bond Insurance - Over due to the cost of the renewal must be paid up front. This is a yearly expense not monthly expense. 8. Professional Insurance - Over due to the cost of the renewal must be paid up front. This is a yearly expense not monthly expense. 9. 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. 10. Office Supplies - Over due to the cost of the project books and planning and development books. Staff is charging for books and maps to offset cost. 11. Membership / Subscriptions - Over due to the cost are not monthly, but based upon renewal dates. Staff does not anticipate a problem staying in line with the budget. 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. Memo To: From: Date: Re: CRA Board Susan Vielhauer March 29, 2004 Consideration of Payment of $1,139.00 for the Fa~:ade Grant Application for Weiss Memorial Chapel Weiss Memorial Chapel, located at 202 E Boynton Beach BIvd Boynton Beach, FI., has submitted a request for payment for the Fa~:ade Grant Application, which was approved on December 12, 2003 for $1,193.00. Attached is the project accounting marked paid in full with copies of the payment as well as pictures of the completed project. Staff is recommending the approval of the request for payment of $1,193.00 for the Weiss Memorial Chapel Facade Grant. The Budget line item Fagade Grants has funds to pay the grant request. 4947 II leiss I I I.l' emorial Boynton Beach Community Redevelopment Agency 639 E. Ocean Ave. Suite 107 Boynton Beach, Fi. 33435 Affordable Funera Re; Fagade Improvements Grant Program Dear CRA The WEISS MEMORIAL CHAPEL, was approved 'for a Fagade Grant for,. $1,139.00 for the renovation & installation of a awning. We respectfully request the reimbursement of $1,139.00 for the completed project. WE have enclosed copies of all required documentation for you to review and Warrant that all contractors, subcontractors, labor, materials, related fees, and permits have been paid in full. Thank you for your consideration. Sincerely, Jack Weiss Manager Weiss Memorial Chapel 4948 202 £. Boynton Beach Boulevard · Boynton Beach, Florida 33435 (561) 737-OO01 1-800-588-7118 Fax (561) 737-0550 www. weissmemorial, corn WEISS MEMORIAL CHAPEL 202 E. BOYNTON BEACH BLVD. BOYNTON BEACH, FL.33435 561-737-0001 FAX 561-737-0550 March 23, 2004 TO; BOYNTON BEACH COMMUNITY REDEVF. I.OPMENT AGENCY Facade Grant Program Agreement Attention: Susan Viehauer Re; Facade Grant Weiss Memorial Chapel. Amount $1,193.00 Documentation Report; Enclosed please find; 1. Project Accounting, enclosed find copies of invoice, & receipts fi.om Southern Awning, showing paid in full. Also as requested Check front & Back, & a Copy of charge for initial downpayment.. 2. Copies of before and after photos of front of building. Thank you for your help Jack - eW~ss 4949 Bank #: 06300004 Acct #: 00003061366447 Check #: 6872 Amount: Account: BarJk_N,,m~er: CD Volume #: Check Number: $1293.00 00003061366447 06300004 6872 x~ '"' '.',,.- .'...~ :'. · '.~-:.... ::.::.:..I. ~ :- ~ ~:.".'::~:~:i!- ..~-$::: ~; ~.::~ ~ ~}~::::: ',9:~::.:>,:: ::~::::.-~. ~::., ~' . ::~':,~.-'-i:'~.::"::-" ~ :~" · ~.-....~ ....=...~. ..,... · .:{:iOi:Dx.[$~;......~ ::~ -~: ~."::~ :~0 :~:~: ::: ::' .:~:. .~.'.~' ~. 495O Southern Awning, Inc. 03235 Retractables - Umbrellas Frames - Covers Repairs Industrial ~ Residential - Commercial 313 So. "II'" Street' Fax (561) 721-1580 Lake YVorth, Florida 33460 www.southernawning.com Phone (561) 586-0464 E rCUStomer's der No. 737-0001 Date 11/25 200~'~ Name Jack Weiss Address 202 E. Boynton Beach Blvd. CASH C.O.D. CHARGE ON ACCT. R~ET~SE PAID OUT · JC [rQUAN. D E S C R I P T I O N PRICE AMOUNT 1 10' long half round $2,111,.00 Tax ,$126. Permit $150. Total $2,38~ .00 Deposit paid 11-05 -$1,19[ .00 Minor modification fee for graphics +$100. 0 Balance Due $1,29 .00 TAX~ TOTAL All claims and returned goods MUST be accompanied by this bill. All materials remain the property of Southern Awning until payment 4951 11/'24/2883 18:16 5517211588 SOUTHERN AWNING, INO PAGE 81 Retract&hies - Umbrellas F~&i3aes ~ Coves Repairs Industrial ~ .R~sidential - Commercial 313 ~o. "H" Street Fax (561) ~'21-1~0 Lake Worth, Florida w~.~uthemawning, com Phone (561) All clmlrnw and mt'umed iix~l~ MUST be accompani~cl by this bill. All materials rczxtair~ the proF~rty of ~uth~cn Awrtirt$ until pay-rnent Is paid in f~ll. 4952 4953 4954 4955 MEMO TO: Board of Directors FROM: Susan Vielhauer SUBJECT: Consideration of Burkhardt Construction Work Order Number Five for The Boynton Beach Boulevard Design/Build Contract. DATE: March 31,2004 Attached is Work Order Number Five for 100% Design and Permitting Fees for the Promenade & Riverwalk sections to complete the Boynton Beach Boulevard Extension project. The CRA Board gave direction to move forward with this work at the last meeting. The work also includes finishing the permitting and construction of the South Florida Water Management District required mangrove mitigation at JC Park for the Boynton Beach Boulevard Extension phase. This is required for construction permitting to be approved for the road. Legal Staff has reviewed the work orders and staff is recommending the approval of Work Order Number Five. 4956 EXHIBIT F WORK AUTHORIZATION WORK AUTHORIZATION NO._5 CONTRACT NO. BBB 2003-1 TO: BURKHARDT CONSTRUCTION, INC. 1400 ALABAMA AVE., SUITE #20 WEST PALM BEACH, FL 33401 _ DATE: 3/30/2004 BOYNTON BEACH BLVD. EXTENSION, PROJECT NAME: PROMENADE AND RIVERWALK PROJECT PROJECT NO, BBB 2003-1 Under our AGREEMENT dated June 26, 2003. You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the AGREEMENT: FOR THE (Additive) (Deductive) Sum of: ($937,500.00). NINE HUNDRED THIRTY SEVEN THOUSAND FIVE HUNDRED Original Ag reement Amount Sum of Previous Work Authorizations $11.5,800 $3,629,958.45 $937,500.00 - $4,683,258.45 This Work Authorization (Add) Present Agreement Amount (Deduct) The time for completion shall be (increased/decreased) by XXXX ('XXX) calendar days due to this Work Authorization. Accordingly, the Contract Time is now XXXX ('XXX) calendar days and the final completion date is XXXXXXXXXXX. Your acceptance of this ':¢~-': if the same were repeated in this acceptance. · .i : .i!:. -:~.. . 49.57 Work Authorization shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions in our Agreement indicated above, as fully as The adjustment, if any, to this Agreement shall constitute a full and final settlement of any and all claims arising out of or related to the change set forth herein, including claims for impact and delay costs. The Contract Administrator has directed the Contractor to increase the penal sum of the existing Performance and Payment Bonds or to obtain additional bonds on the basis of a $25,000.00 or greater value Work Authorization. Check if applicable and provide written confirmation from the bonding company/agent (attorney-in-fact) that the amount of the Performance and Payment bonds have been adjusted to 100% of the new contract amount. Accepted: ~ / 14-A~-04 /, / By: Owner 4958 From: To: Project: Engineer: Cap Sheet Work Authorization #5 For Board Approval April 13, 2004 Burkhardt Construction, Inc. 1400 Alabama Ave. #20 West Palm Beach, Fl. 33401 Att: Dennis E. Haynes Tel: (56~) 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 Cost Items Contained In Work Authorization Kimley - Horn And Associates, Inc. 4431 Embarcadero Drive West Palm Beach, Fi. 334070 Item Description Amount 100% Design/Permitting Fees For Promenade & Riverwalk Items Below Previously Shown In March t, 2004 Proposal Boynton Beach Blvd. Wetland Mitigation Estimate $ 737,500.00 $ 200,000.00 Work Authorization #5 Tota'i $ 937,500.00 March 29, 2004 Mr. Douglas HutchM~on Director Boynton Beach Community Redevelopment Agency 639 East Ocean Ave. Boyntofi Beach, Florida 33 43 5 Re.' Boynton Beach Boulevard Extension Design Services for Promenade Improvements, Permitting of Promenade and Riverwallc, Mitigation Plan, and Construction Phase Services Dear Doug: After our successful selection to provide the DesignTBuild services for the Boynton Beach CPA's exciting projects along Boynton Beach Boulevard, Burkhardt Construction, Inc./tC~mley-Hom and Associates, Inc. is pleased to submit tM.q proposal. To date our services have included the production of 100% final construction documents for the Boynton Beach Boulevard Extension section of the project, as well as 30% design of the Promenade and Riverwalk sections of the project. Now that this task has been completed, we nee.d to continue our efforts in moving the project forward by having the CRA approve the next step in the Project. The next ~tep includes preparing the 100% final construction documents for the Promenade [m-d Riverwalk segments of the project. This task wil) also include submittal of the permit applications for these segments of the project. I have attached the aforementioned scope and fee for your review and comment. We look forward to continue workMg with you on this exciting project. Cordially, ~ON, INC. ~ident :' ~' . .Enclos~es ...4 4960 .... :-.---~:~-~: . _ '_._. _,~_ L, . ........ [ . ' : ,(::: :~..~_:L" : [[2~'.¢ ....~¢. ::. CRA, ~ ]9, 2004, Pa~ 2 Exhibit "A" SCOPE OF SERVICES Task 1 - Construction Documents Based upon the approved Design Development ali&mment (30% plans), the Consultant wil/proceed with construction documents for the Boynton Beach Boulevard Promenade and Riverwalk segments of the project. The construction document set will include the following: 1.1 Cover Sheet A cover sheet ut~li~ng the standard Boynton Beach CRA cover sheet will be provided. 1.2 Typical Promenade Sections Typical sections will be prepared, detailing the proposed work for the promenade construction. It is anticipated that one typical section will be required. 1.3 Plan and Profile Sheets Horizontal alignments and geometric improvements will be detailed on the plan sheets. Proposed mainline vertical profile grades will be detailed on the plan Sheets. 1.4 General Notes General notes defining the basis of design and construction requirements will be provided. 13 Drainage Improvements Based upon the calculations .that were conducted during the design development phase of the project; drainage improvements will be detailed on the plan and profile sheets. In/et types, locations, and elevations w/il be identified On the conslsmction drawings. Additionally, pipe lengths, sizes, aud diameters will be identified on the drawings. 1.6 Landscape, Hardscape and Irrigation Improvements .: Landscape and irrigation layouts wi//be provided as outlined within the approved Design DeVelopm~ixt submittal. Included w/il be the m~nl~ne lay.~ut_ of the irrigation system for the project. -. . i'<.'' Boynton Beach CRA, March 19, 2004, Page 1.7 Gateway/Entry Features/Canopy Shade Structure Plans, sections and detail.q for the project gateway/entry features, the monument on the east end of the project and the canopy shade structures will be provided in the construction documents. These details will be in accordance with the outcome of the decision that will be made by the CRA as outlined in the following tasks. The proposed features will be designed to work on the foundations that were designed during a previous phase of the project. 1.8 Pedestrian Lighting Improvements Pedestrian lighting layouts will be provided based on a recommended foot candle il/um~nation level developed by the CRA and the consultant team. The lighting wi//be in accordance with the existing lighting that is located in the park adjacent to the project. 1.9 Miscellaneous Drainage Details These sheets will provide construction details that are not included in the Florida Department of Transportation Standard Indexes or City of Boynton Beach details. 1.10 l~IisceHaneous Construction Details These sheets would provide construction details, which are not included in the Florida Department of Transportation Standard Indexes, or City of Boynton Beach details. 1.11 Electrical Plans and Details These sheets will identify lighting service point details, streetlight poles, lighting circuits, mounting height, and wattage as well as the coded notes 15om wiring schematics. Additionally, lighting for the landscape areas and special feature will be provided. 1.12 StructUral Plans and Details :~:" ":' Construction Plan se~ surn rn alT of estimated sheets: These sheets will identify the elements associated with the structural design of the proposed Promenade and Riverwalk. Items that w/I/be included on these sheets'include the cross sections, materials, retaining walls, deck design, horizontal control, bent design, foundation design, and miscellaneous construction details. Boyntoa Beach CRA, Maxc3a 19, 2004, Page 4 Plan and Profile Sheets (Promenade) General Notes Miscellaneous Construction Details Miscellaneous Drainage Details Landscape Horizontal Control Plans Area Enlargements Irrigation Plans and Details Electrical Plans and Details Hard/Sofkscape Details Gateway and Entry Feature Plans and Sections Structural Plans and Deta/ls 2 1 2 2 2 3 2 2 Total Number of Sheets 3 8 7 36 The Consultant will provide 10 copies of the construction document plan sets to the CRA for distribution to the appropriate departments for their review. After sufficient review time, a meeting will be scheduled with CRA to review the final design pl~n~. Task 2 - Gateway and Promenade Monument Design The Consultant will provide the CRA with two' additional Gateway design concepts to review. The CRA shall provide input to the Consultant regarding their preference to the design of the gateway. Upon receiving th~.q input, the Consultant shall modify the concept drawing and submit the final design of the gateway to the CRA for approval. Upon approval of the gateway design concept, the Consultant will provide structural design for the Gateway en~y into the Boynton Beach Boulevard entrance located at the intersection of Federal Highway. Additionally, the Consultant will provide structural design for the entry from Boynton Beach Boulevard extension onto the Promenade. The third element oftM.q task will include the structural design for the monument structure that will be located in the center of the caf-de-sac area at the eastern end of the Boynton Beach Boulevard extension area. The information included in the design of~M~ task consists of the following: 1. Structural Analysis 2. Connection details 3. Individual member details 4. Material selection 5. Fabrication details 6. Assembly details Task 3 - Specifications Boynton Beach CRA, March 19, 2004, Page be prepared by the Engineer that will address construction elements not addressed in said standard technical specifications or that are included but require modifications to make them project specific. These Supplemental specifications will be forwarded to the CRA for review and approval. Task 4 - Permit Submittals All permit fees will be paid directly by the CRA and are not included in the lump sum fees. Any significant plan revisions caused by changing agency criteria after our initial design is reviewed with each appropriate agency and similar factors outside the consultant's control, additional meetings or coordination will be considered as Additional Services. It is anticipated that permits will be required for this phase of the improvements bom the following agencies: 4.1 4.2 4.3 4.4 4.5 South Florida Water Management District United States Army Corp of Engineers (COE) Boynton Beach Engineering Coast Guard Fish and Wildlife COE/SFWTvID Permits An Environmental Resource Permit (EKP) will be required for the construction of the Promenade and Riverwalk. The ERP will be submitted to the SFWMD and U.S. Army Corps of Engineers (COE) for approval. Coordination of the applications will be performed separately but concurrently with each agency to expedite the approval process. 1. A detailed description of the project purpose and need and the nature of activities will be prepared to demonstrate no impacts to Wetlands and Waters of the State. This narrative will discuss Why the project has been proposed (why the particular route was chosen and indicate why the project is in the publics' interest). 2. A description of jurisdictional activities will be prepared, as needed for the permit application. These activities include construction in, on or over wetlands, Waters of the United States and other surface waters of the state as described in 62-340, section 404 C.W.A., section 10 of the Rivers and Harbors Act and 62-301 F.A.C. 3. Documentation for ,the use of State owned sovereign submerged lands w/il be prepared, fifneeessary. 4. An altemative(s) analysis memo o~the design considerations will be prepared. 5. Detailed information on the construction/installation methodology for the . . ~; :-: _ crossing will be prepared. This description will include the type of equipment . -.. :. to be used, and the area of operation that will be required for the directional ...~ Boyntan Beach C3L~ March ]9, 2004, Page the appropriate Best Managemen~ Practices 0BlVi~'s) proposed. 7. The Consultant will prepare permit drawings for the agency's review. 8. The Consultant will prepare an application with support documentation to the SFWND ~md COE for the proposed activities. Much offhi¢ documentation will be a duplicate of the ERP application. 9. The Consultant will provide agency coordination with the SFWMI), and the COE to review outstanding items required by those agencies, and respond to two requests for additional information (RAPs). 10. We will develop an analysis of the qualiW of the wetland based on the siandards and methods appropriate for each agency. We will develop a mitigation strategy to meet the projects needs, We will submit our proposed mitigation strategy for review and approval by the client. Upon client approval, we will submit the proposed mitigatioh plan to the appropriate agencies for review. We will meet with both the SFW/VID and the COE one time to discuss the mitigation plan. Seagraaa Sur~ey Update The consultant will conduct update the seagrass survey to determine areal extend, species composition, and abundance ofseagrass in the vicinity of the proposed promenade. TMs survey must be updated annually in the spring to verify the growth ofseagrass during the winter. This survey will include eleven transects of the vicinity of the proposed promenade. These transects will run every 100 feet along the shoreline, ~om the Mean High Water Line (MI-IWL) towards the Intracoastal Waterway (ICW) for a length of 50 feet. General conditions will be noted for data collection days such as date, t~me of observations, names of staff, ffdal stage, weather, and other relevant information as determined by the consultant. Each transect will be set using a 100 foot waterproof measuring tape. Buoys will be placed at the be~nnlng and endpoints to indicate their position. A differentially corrected Global Positioned Satellite (GPS) unit will be used to record the transect begin and endpoint positions. The consultant will survey three one square meter quadrants along each tr~n.qect The one square meter quadrant will be sectioned into four equal sections. The percent cover for each species present wi/1 be recorded. Notable qualitative observations will be delineated and their position along the tape will also be recorded. The consultant will provide written documentation of the seagrass survey findings in the form cfa technical memorandum. This memorandum will outline the methodology and findings of the seagrass survey. · .:. Mitigation Plan . ~e consuR~t ~ develop ~ ~ys~ of~e qu~W of~e wetl~d b~ed on s~d~ds ~d me, ods appropriate for each agency. We w~ develop a ~figafion · Boynton Beach CP~ lvLm~h 19, 2004, Page ? approval, we wi//submit the proposed mitigation plan to the appropriate agencies for review. We will meet with both the SFWMD and the COE one time to discuss the mitigation plan. Task 5- Public Meetings and Presentations Our proposal includes attendance at one Public meeting (CRA Board Meeting) in addition to the meetings that are described witMn the above tasks. The consultant shall prepare graphics for and present the plans to the CRA board at the completion of the construction documents. The intent of this meeting is to review the proposed improvements as well as discuss the project cost and schedule. Task 6- Utility Conversion Coordination The Consultant will coordinate with the various utility companies the relocating of the systems underground. The new underground facilities will need to be located on our construction documents to minimize conflicts with roadway, utilities, drainage and beautification improvements. Therefore, the coordination of the overhead conversions to underground will continue during this phase of the project. Task 7 - Post Design Services (Limited to 18 Months) 7.1 - Attend Project Meetings The Consultant will attend one pre-construction conference meeting and one progress review meeting per month. The intent of the progress review meetings is to address questions that have developed regarding the construction documents and assist with assessing the project schedule and progress. 7.2 - Review Shop Drawings The Consultant shall review and approve or take other appropriate action in respect to Shop Drawings (as that term is defined in the General Conditions of each construction contract) and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents and compatibility w/th the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of · construction or to related safety precautions and program.q. Engineering services are not included in this proposal for private utility shop drawing review. The Consultant shall evaluate and determine the acceptability of substituie or "or- equal" materials and equipment proposed by Contractor in accordance with the Contract Documents, but subject to the provisions of applicable standards of state ..:~:i';~:.Or!ocal government en.ti_'fies: -...,.: .. :- .~ ... . . Boyatan B~ach CRA, March 19, 2004, Pag~ 8 Additional/y, the Consultant shall attend a meeting with the contractor to review the proposed landscape material at nurseries. During these meetings, the Consultant shall apply a tag on the plant material that the contractor shall install along the project corridor. This effort shall be limited to three days. 7.3 - Contract Administration The Consultant shall issue necessary clarifications and interpretations of the Contract Documents to Contractor as appropriate to the orderly completion of Contractor's work. Such clarifications and interpretations will be consistent with the intent of the Contract Documents. Field Orders authorizing variations fi:om the requirements of the Contract Documents will be made by CRA. The Consultant shall issue necessary interpretations and clarifications of the Contract Documents. Additionally, the Consultant shall act as initial interpreter of the Contract Documents pertaining to the execution and progress of the requirements work. 7.4 - Project Close-out Promptly ai%r notice from Contractor that Contractor considers the entire Work ready for its intended use, in company with CRA and Contractor, the Consultant shall conduct a site visit to determine if the Work is substantially complete. Work will be considered substantially complete following satisfactory completion of the items with the exception of those identified on a fial punch list. If aider considering any objections of CRA, Consultant considers the Work substantially complete; Consultant shall notify CRA and Contractor. The Consultant shall conduct a final site visit to determine if the completed Work of Contractor is generally in accordance with the Contract Documents and the final punch list. The' Consultant shall not be respons~ble for the acts or omi.qsions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or fum~hing the Work. Consultant shall not have the authority or responsibility to stop the work of any Contractor. ADDITIONAL SERVICES (NOT INCLUDED IN THIS SCOPE OR FEE) Upon your authorization, we will provide any additional services that may be required beyond those described in Task 1 through 4. These services may include but are not l~rn~ted to such items as the following: · Preparation of right of way acquisition sketches or descriptions. · Significant redesigns of the drainage system'~0meet additional SFWMD Boyaton Beach CRA, March 19, 2004, Page 9 reviewed with each appropriate agency and slm~]ar factors outside the consultant's control. · Assistance in preparation of grant applications. · Architectural design ofrestroom/multi-use building or any other proposed building type features. · Making traffic counts or undertaking other traffic related analysis. Traffic signal plans. · Design of habitable structures including museum aud theater facilities. · Post Design services beyond 18 months. CO1VIPENSATION We will provide the scope of services as described as outlined below. Basic Services Lump Sum Amount Task 1- Construction Documents ................................................. $331,500.00 Task 2- Gateway and Promenade Monument Design ..................... $120,500.00 Task 3- Specifications ................................................. $10,000.00 Task 4- Permit Submittals ............................................................. $102,000.00 Task 5- Public Meetings and Presentations ........................................... 7,000.00 Task 6- Utility Conversion Coordination .......................................... $11,500.00 Task 7- Post Design Services ................................................. $155,000.00 Total $737,500.00 SCHEDULE We will provide the services outlined above as expeditiously as possible to meet a mutually agreed upon schedule. It is understood that the permitting of this phase of the project w///be driven by the regulatory agencies. We estimate that up to 12 months may be required to obtain the final opinions of the regulatory agencies having jurisdiction over th/s project. 4968 Boyaton Beach CK~ March 19, 2004, Page I0 We appreciate this opportunity to submit a letter a~reement. Please contact me at (561) 659-1400 ffyou have any questions. Sincerely, BIYRKttARDT CONSTRUCTION, INC. Vice President V. Public Audience 4970 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 a/ds and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits ora service, program, or activity conducted by the CRA. Please contact Douglas Hutchin.qon at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your reouest. VI. Public Hearing 4971 Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxihary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits ora 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. DEVELOPMENT DEPARTHENT PLANNZNG AND ZONING Dll/ZSZON MEMORANDUM NO. PZ 04-028 TO: THROUGH: FROM: Chairman and Members Community Redevelopment Agency Board Dick Hud~i~nior Planner DATE: February 3, 2004 SUB.1ECT: CODE REVIEW CDEV 04-001 Mixed Use Zoning Districts (MU-H & MU-L) Project: PRO3ECT DESCI~PT~ON Proposed amendments to the Zoning Regulations for Mixed Use-High Intensity (MU-H) and Mixed Use-Low Intensity (MU-L) zoning categories. Agent: City of Boynton Beach Location: Federal Highway Corridor segment between the Boynton (C-16) Canal on the north and Woolbright Road on the south, and lying between the Intracoastal Waterway on the east and the right-of-way of the Florida Ea~ Coast (FEC) Railway on the west. [~ATURE OF REOUEST The regulations for the Mixed Use-High Intensity (MU-H) and Mixed Use-Low Intensity (MU-L) zoning categories were adopted on June 18, 2002. After eighteen months of working with these regulations, staff has determined that minor amendments are warranted to bring the regulations into closer conformance with the Intent of the Federal F#qhway Corrfdor Co. mmunlty .~.edevefopment P/an and to aid in their adminlstraUon, The specific locations* where these district regulations may be applied are generally descflbed as. lands currently designated as Mixed Use (MX) and Mixed Use-Core (MXC) on the Cib/'s Future Land Use Map. ANALYSZS The proposed amendments to the Mixed Use zoning distflcts (see Exhibit "A") include additions and changes to the following sections: Section 6.F.4-Table 6F-1 Schedule of Permitted, Pdndpai, Accessory_ and CondiUonal Use.~. Uve- Work Units have been added as permitted uses in both zoning districts, while Self-storage or 4972 Page 2 CDEV 04-001 Mixed Use Zoning Districts (MU-H MU-L) Hini Warehouse use has been made a conditional use In the MU-L district. Supplemental regulations are provided for each use (6.F. 14 and 6. F. 15) to address location, design and other related aspects. [t should be noted that, with the proposed changes, the majority of permitted uses would be required to be Integrated into a mixed use project. Section 6F.5 Building and site regulations. In the Hinimum Parcel Size table, All other Uses now requires a minimum lot size of 3 acres to rezone from a single-family residential district to the NU-L dlstri~ if there is no frontage on an arterial roadway. Haximum Floor Area Ratios are established for each of the Mixed Use districts, consistent with the intensities established in the Comprehensive Plan. Se~on 6. F. 16 Definitions. New definitions have. been added for Rtness/Health Club, Hotel, Extended Stay Hotel, Uve/Work Unit, and Theater. P. ECOI~IMENDATION Staff recommends that the subject text amendments, as the proposed amendments to the zoning code. If there are changes or additions recommended by the Community Redevelopment Agency Board, they will be attached to this report as "F_.Xhiblt B'; Exhlbits S:\PLANNING\SHAP. ED\WP\SPECPRO3\CODE REV[EW~CDRV. HU-H MU-L\CDRVSTAFFREPT04.DOC 4973 CHAPTER 2 ZONING Exhibit A Sec.6. Commercial district regulations and use provisions F. Mixed Use Zoning Districts 1. Intent and Purpose. The Mixed Use zoning Districts allow for a diversity of land uses and accommodate and encourage a mixture of residential, office, retail, recreational, 'and other miscellaneous uses on assembled parcels ,~v,~ ........... e~,,--; ........ w~thm the CommuniW Redevelopment Area. All development and redevelopment shall be gaide~ represented by aa appreved-eorresponding site plan processed concurrently with the application The objectives of the Mixed Use zoning districts are as follows: a. Support and enhance revitalization efforts in the City's traditional commercial core area; b. Create major new residential and mixed use areas in planned locations with appropriate densities, heights, and mixtures of uses; c. Create optimal pedestrian environments though appropriate separation f~om, and design of vehicul~on"l~S~ .,~. ~~"'"~ d. AUow l bil i l a t q ign m~Eg compatibi~ ~~ ~~n, ~~e ~ovelopment ~ea; e. ~te s~o~ ~e~ ~t co,lemur ~er t~ compete do~to~; f. Create ~er q~W en~onmen~ for resident, b~esses, e~loyees, ~d ~sitors. 2. Zoning Districts. The Mixed Use zoning districts shall be applied to selected geographic areas east ofi-95, identified on the City's Future Land Use Map, where a mixture of uses and building densities is intended to carry out elements of the city's redevelopment plans, . including goals in employment, population, transportation, housing, public facilities, and environmental quality. Regulations for the planning areas are implemented through two zoning districts: Mixed Use-High Intensity (MU-H) and Mixed Use-Low Intensity (MU-L). Permitted uses and associated standards for development vary between the zoning districts, each reflecting the importance of the district's location and its relationship to the downtown. Heights, densities and intensifies of development are regttlated according to the cIassification of the roadway determined to be the frontage of the property_. A Mixed Use zoning district may be located only on lands designated Mixed Use (MX) or Mixed Use-Core (MX-C) on the City of Boynton Beach Future Land Use Map. 3. Subdistricts established. a. MU-H (Mixed-Use-High Intensity) Zoning District. Upon adoption of the Mixed Use-Core (MX-C) land use classification, this zoning district shall only be applied to lands classified as Mixed Use-Core (MX-C) on the Future Land Use Map. The MU-H district is appropriate for developments that provide for high density residential in addition to retail commercial and office uses. 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 4974 new developments within this district that front on streets designated as "arterial~'.or "collector" readY-'ways on the "Functional Classification of Roadway~ Map" contain a mixture of retail, office and/o__r.r residential uses arranged either vertically or horizontally. b. MU-L (Mixed-Usv-Low Intensity) Zoning District. In order to complement the revitalization efforts in the City's commercial core, the MU-L zoning district shall only be applied to lands peripheral to the downtown and classified as Mixed Use (IVLX) on the Future Land Use Map. The M-U-L district is appropriate for low- to mid-rise developments that provide for medium density residential uses. The district allows a maximum height of seventy-five.(75) feet and a residential density of 40 dwelling units per acre for mixed use projects. Building heights between seventy-five (75) feet and one hundred (100) feet may be permitted if reviewed as a conditional use. Thc review of these applications will emphasize aesthetics and design quality, and physical compatibility with adjacent land uses. Ail new ~ developments within this district that contain a mix of uses shall front on streets designated as "arterial", "collector", or "local collector" roadsUways on the "Functional Classification of Roadways Map" and shall contain a mixture of retail conl~~ ~ re~[ilenti _ be arran ed either vertically or horizontalPIHo~t r~xi~us m;l~l~tmsiti~..n~)~ l~e f~he~ limited in 4. Permitted Uses. The following table identifies the permitted, restricted and prohibited uses within the Mixed Use Zoning Districts. Uses are classified as Permitted "P", Conditional "C" or Not Permitted "N". Uses permitted with restrictions are followed by a numeral that corresponds to a footnote below the table. Each footnote explains restrictions associated with the use. The Planning and Zoning Director or designee shall have the discretion to approve uses that are not specifically listed but are similar to uses that are expressly permitted provided, however, such uses are not expressly identified as conditionally permitted or not permitted in any zoning district within the City. TABLE 6F-1 SCHEDULE 0~ PERMITTED P.RIN, ~, ACCESSORY AND CONDITIONAL USES USE GROUP/USE MU-L zoNE Mu-H ZONE Residential or Lodging Use Group , Bed and Breakfast C N Boutique Inn 1'4 C._~° Hotel C P Home Occupation ..... P ' P Mobile Home N N Motel N N Residential, Sinl~le Family Detached t~_ N .. Residential, Single Family Attached P PC_ Residential, Multi-Family p p2 Boarding and Rooming House N N (except where provided by state law) Accessory Unit P N 4975 Gaom, ays raj-t; zom my- Liv~work U~ p~ pl~ Communi~ Faciflfl~ Use Group ~-L ZOO. ~-H ~ve~ent Offi~/Ci~c C~ter~ib~ C ~a~on (outdoor) ., P N M~em P P House of Wors~p poH~ or F~-Rescu~ Station P~ P po~ C~t~r (re~l s~ O~y) C Post O~cc P P~ Pubic P~k P P Vete~Officeor"~ ~ ~ -~~ ~ N Gronp~ , ~c~hoHc Bev~a~e P~e Store P~ P~ Ammunition or Fke~ S~e or Ren~ N' N gnlm~ Bo~g or Ke~el C~ N gnlm~ ~oming P~ P~ gnlm~ S~es N N ~fique S~ P~ . P~ ~fique M~lea M~ket N N ~, ~s, Hobby. ~d Frog P~ .. P~ Auction Home N N Automotive P~ Sales N N Autom0~ile Sales ~ Display. P t~ p~2 ' B~e~, Reta~ po Boa~e S~es~ental N p~ Boa~e A~essofies po p0 ' ' Bookstore ~8 Supples or Mate~als N N Bus Teminal N New Clo~ing, Shoes or A~essofies P~ ' Po .~0ufique . .. ~nffactor's Offi~uipment Storage N N Coff~ Shop po po . Conveffi~ce Store po pb 4976 us~ GgovP~vsr~ rW-L,Z0~ [ ~-H zo~ Cmtom Home ~s~s ' Po ~ P~ ' Sal~ and General Commercial co?'d ., C~-caf6 De~catessen ' ' ' pO ~ ' pO Diw .Shop ~d ~s~c~on ~ Accesso~ Use p0 ' ~ p Dm~ Store or Ph~ac~ pU [ p~ ~ol~e S~es ~~out V~clo Sedco'~0p~ [[ pvN ~oce~ Store. Supem~kot Florist p~ [ pO ' H~w~e Store pO [ ' pO He~ FOod Store ' " Home,,~prov~ent cente~ N ~ N L~ber Y~d ~ C .... c Newss~d ~ ~ ' Outdoor Storage or ~ ~ ~ i ~ ~ N Person~ Waercr~ ~~ ~ .~~ ~ pO P~ or Photo~c Sm~o ~d Photo~C Supplies R~ta~t, w~w T~ Resta~t, Sit-Do~ ~ " P~ Spo~i ~o~ '~ Tob~o ~d Ac~ess~fie~ p6 p~ Ve~cle or M~e ~om~g, V~cle or M~e Tr~l~r S~s, Ren~, N · So. ce, R~s ~d Sto~e ~d~ Ren~ ~olos~ehous~is~bu~on ..... Se~ce Use Groupe ~-L ~ ~ere pe~ ~thl. ~e ~rL ~ne, o~7 on Io~ ~on~ng on ~jor ~ roadways. ~bemhop~eauW Sale. ay Spa p0 p0 D~ce S~o Po Dressm~er or T~lor po po Fi~ess~e~ Club ~er~ Home N N HOspi~ N N ~bor Po01 Estab~s~ N N ~omat Po N Me&c~ Ou~afient F~V, ~ C~ 4977 USE GROUP/USE IVIU-L ZONE MU-H ZONE ,Nurser~, Preschool or Child Da~,care po N ,Service Use ,Group cont'd , MU-L ZONE MU-H ZONE Nursinlg or Convalescent Home lq N . Photocopy center po pO Self-S.tgra~e or Mini Warehouse ~C, '.4 N Shoe Repair pO po Soup Kitchens;/Substance abuse Centers/ N N Shelters/Half-way Houses Tattoo Parlor/Body Piercin~ , N N Entertainment Use Group* MU-L ZONE MU-H zoNE * Where permitted within the MU-L Zone, only on lots fronting on major arterial mad.ways. Adult Entertainment N N Bar, Cocktail Lounge. C~ pi . Billiard Club/Bowling Alley/Indoor 'C~'' pO Recreation Facility Bingo Hall ~ ~ ..~ i ~ · ~ N FortuneTener I ~ i I I ~ I~ ~ TMI~ Movie TheaterI ! 1 · k i~ .. k ~l -1 I C~ Club C Perforrninl~ Art~ .Theater N P Private Clubs, Lodges and Frsiemal C~ C-~ Orl~anizations Accessory Use Mu-L ZONE MU-H .ZONE Drive-Thru Facility (other than accessory Cv N use to financial institutio .n~..and res .taurants) Restriction Notes: Must be an integral part of a mixed-use development comprising a maximin of 30 percent of the gross floor area of the entire development. 2 For those with frontage on an arterial wad, allowed as a permitted use if the ground level floor fronting the arterial is devoted to office or retail uses. Otherwise, use is a conditional use. Use shall be subject to the following distance separation requirements from similar uses, measured in a straight line, using the shortest distance between property lines: For uses with less than 5,000 square feet of gross floor area, 750 feet. For uses with a gross floor area equal to or greater than 5,000 gross square feet, 1,500 feet. 4 Subject to setback and buffering requirements as recommended by the Technical Review Committee. s Maximum gross squ_are footage of structure shall not exceed 2,500 square feet, Storage of postal vehicles prohibited. 6 Must be integrated into a commercial or mixed use development and not exceed 30 percent of the gross floor area of the entire development, constructed within the same structure as the remaining commercial or mixed use development, 7 Gross floor area of grocery store must be a minimum of 15,000 square feet and a maximum of 30,000 square feet. 4978 10 11 12 On-site drop-off and pick-up only. Drive-thru facility, including stacking lanes, must be screened from public fight-of-way and requires conditional use approval. Ingress/egress shall not be from/to an arterial roadway. Shall comply with provisions of Chapter 2, See. 11.L., pertaining to retail sale of gasoline or gasoline products. Not permitted on property with Federal Highway Frontage in the MU-L Zone unless consistent with restriction note number six (6). Indoor storage/display shall not exceed 10,000 square feet. In conjunction with a permitted marina use. Storage/display allowed only in wet docks or indoor not to exceed 10,000 square feet. See Section 14 for regulafio..ns. See Section 15 for regulations. 5. and Mlalmum Parcel S~ze' '" I~J-L ZOnE ~U-H zoNE Residenfl~ Or Lodging Use Group HoWl I ~ "~''~ ~ l~ ~ ' 3~s* *or~ p~ ofa mi~ ~e d~lop~t~t~ ~ ~ 2 ~ Residenfi~ S~le F~y D~w/~s, ~t - ~. ~ sq. ~ ~ Resid~fi~ S~le F~y A~h~ 7,~00 sq. ~. 65,000 sq. ~. Reside~, M~-F~y 15,000 sq. ~. 20~000 sq. R. Comm~i~ Facffi~ Use Group Pubic P~k no mlnim~ no minim~ ~ o~er Uses 10,000 sq. ~ , 10,000 sq. ~, Minimum Living Area .. , M-O-L.ZON~ .MU-H ZON~ Single Family Detached 1,000 sq. R. -- All other Residential 750 sq. R. 650* sq. fL Accessory Apartm.ent 7~0 sq. ft. --- * Size of all traits must average 1,00'0 sq. fl. Minimum Lot Frontage MU-L ZONE MU-H ZONE Residential Or Lodging Use Group Residential, ..Single Family De,,tached , . 50 ft. --- . . Residential, Single F ,amily Attached (Duplex) 75 ft --- Residential, Single Family .Attached (Townhome) ., 25 fl --- .Residential, Multiple-Family i00 ft. 100 ~t. All Other Uses 100 ft. 100 ft. 4979 6 Maximum Height MU-L ZONE, MU-H ZONE Residential Or Lodging Use Group Residential, S~ngle Family Detached 35 fl. --- Residential, Single Family Attached (Duplex) 35 ft --- Residential, Single Family Attached (Townhomes) 35 11 45 fl. L0cational Requirements fo.r Helght~ Density'and Floor Area Ratio* All Other Uses, Tree Of Zonin~ Districts Roadway ,MU-L' ZONE' ~ MU-H ZONE , ,Fr, onts~e Heightt I D,ensl, tyFAR2[ Heightt Density FAR2 7s3-1oe 40d ao .s-2.o lso ?: 8oa / Co,lleetor45;75t tt I 2040 du/ac 1-1.5 150 11. t.80 du/ac 4,0 Local Collector 45 11 ~ 0 dulas... 1.0 · ~ ~ ,NO ' Local ' .1 2. Includes all.tmbitable sp-ac~l~ehl h~,-lid~ I~lul~its. ~n.b~arldn~luctures) ~' Maximum height of front facade is 45 fL above which building must step back a minimum 10 R. of steptme~ for every .each. additional 50 ft. of height. 4' May increase to the maximums, subj~t to conditions to minimize design and land use incompatibilities. Multiple story buildings are encouraged within the Federal Highway Corridor District, particularly along arterial roadways. The intent of this provision is to create the appearauce of, or simulate the intensity of, a minimum two (2)-story building. MINIMUM PERVIOUS AREA MU-L ZONE MU-H ZONE Community Facility Use GroUp ,,. Public Paring Lot or C_mrage --- 15% Residential Or Lodging ,,Use Group Residenti~ Single Family Detached 40% .. -- .. R. esidentia~. ,' Single Family Attached 30% .39% AH Other Uses 20% 15% FRONT YARD SETBACK " Mu-L ZONE Mu-H ZONE Residential Or Lodging Use Group Residential, Siqgle .Family Detached build to line 10 ff.t ._ Residential, Single Family Attached build to line 10 R. Residential, Multi-Family build to line 10 ft. ~ 0-15 ft. All Other Uses including mixed use with a single-family 0flor attached component--build-to line 4980 Porches may be placed forward of the build to line and shall maintain a mirfimum 2 foot setback from any public sidewalk. Porches shall be placed outside of clear sight triangle.' Minimum setback for a garage facing or accessing the street is 20 feet. Projecting featttre(s) such a~ awnings, balconies, porches and/or stoops cml! may be placed forward of the build-to line and shall maintain a minimum 2-foot setback from any public sidewalk. One or more projecting feature(s) such as awnings, balconies, colonnades porches and/or stoops required forward of the build-to line and shall maintain a minimum 5-foot clearance from any vehicular use area. Elements projecting over a pedestrian walkway shall allow a minimum 9-foot vertical clearance and 5 foot horizontal pedestrian clearance. Where intent is to widen pedestrian walkway in compliance with Section 9.(d) ..L~d~caping (below). SIDE YARD MU-L ZONi~ MU-H ZONE Residential Or Lo'd~ing Use Group ReSidential, Single Family Detached, Interior 6 ff. --- Comer 15 ft --- Residential, Single Family/l~ch 1(12~i ~Co~ ~ I --- Residential, single Familyg~mhl ~1'~ Illm}l~ll/llt ]ltl ! I --- ReSidential, Multi-Famil7 20 ftt 0 fi, All Other Uses Adjacent to Residential Single FamilY Attached or 25 fl.' 0 ff. Detached in the MU-L Zone Adjacent to Other Uses 0 ft. ~ 0 ff. plus one additional foot for each foot ofhdght over 45 ft. where adjacent to an existing single-family detached dwelling, less width of right-of-way. Residential Or Lodging Use Group All Residential, Where Yard is Adjacent to lntracoastal Waterway 25 ft. 25 ff. Residential, Smile Fami¢ Detached .. 7.5 ft. -- .. Residential, Single Family Attached 7.5 ft. -- Residential, Multi-Family 25 ff.. ~ 0 ft. t All Other Uses Where Yard is Adjacent to lntracoastal Waterway 25 ft. 0 ff.' Where Yard is Adjacent to Residential 8ingle Family" 25 ff. 2 25'ff.2 Attached or Detached ..Where yard is Adjacent to All Other Uses . 0 ft. ~ 0 ft. ~ subject to requirements ofauy p,rm/tting agency having jurisdiction over construction abutting the Intr~coastal Waterway. plus one additional foot for each foot of height over 45 i~, where within or abutting the MU-L Zone Fifteen (15) feet abutting a street, 10 feet abutting an alley. 4981 6. Mixed Uses. Buildings conta/nlng residential and non-residential uses are required within the MU-H zoning district for all properties fronting on arterial roadways, and permitted and encouraged, within the MU-L zoning district and subject to the same development standards as "all other uses." Residential uses within mixed-use structures shall not be located on the ground floor, which shall be reserved for nonresidential uses. Nonresidential uses within mixed residential/nonresidential structures shall be evaluated for their compatibility with residential uses located on upper floors, and shall demonstrate compatibility based upon use- type, construction materials, floor plan and site layout, and other factors as determined appropriate given the type of use. 7. Building Placement, Massing & Orientation. Structures fronting on arterial roadways within the MU-H and.MU-L Zones shall occupy the entire width of the parcel they are located upon, notwithstanding comer side setbacks and clearance needed for a drive that may be required to access the rear of the property. 8.' Access. Within the MU-H and MU-L Zones, vehicular access to parking shah not be clirecflyg.=, fi'OmLandscaping D ~l~an arterial ~roltll~-a,~_ 'f sl~/~s~five is~vaila~~.1.T a. MU-H District. (1) Trees. All new construction in the MU-H District shall provide shade trees in the streetscape. · The trees selected shah be consistent with the established theme of the street, where appropriate. The City Forester will provide consultation on appropriate species. · Trunks shall be a minimum four (4) inch caliper and provide seven (7) feet of vertical clearance for visibility. · In instances where canopies of overhangs make it infeasible to plant trees, alternative means of providing landscaping for the sidewalk shall be utilized. · Upon inspection by the City Forester, any trees found to be in declining condition shall be replaced within thirty (30) days. b Tree Spacing · Trees shall be regularly spaced. The spacing of the trees shall be 20-25 feet on center. ·. Spacing may be modified by factors such as the placement of utilities, by property access points, sight lines at comers or by comer conditions. · Tree placement shall match the existing pattern, where appropriate. · Tree guards, fabricated to City sp~ifieations, shall be placed adjacent to the curb, where feasible. 4982 Co Tree Irrigation · Irrigation systems shall be installed to service all trees and other landscape materials. · Irrigation systems shall be in operable condition at all times. Sidewalks · All new construction in the MU-H District shall provide new sidewalks. · Sidewalks constructed along arterial roadways shall be a minimum often (10) feet .wide, measured from the, rear of curb. · Sidewalks shall, where practical, be HolIand-$tonepavers, red/charcoal color mix 2 by Paver Systems, Inc., or equal, laid in a 4 S hen'ingbone pattern to continue the design elements in place along Federal Highway. Flower Containers * To add color and sof[en sidewalk~ ~ts, flower contain~g~puals~ or 910. Parking Requirements. Parking requirements for both the MU-H and MU-L zoning districts shall be as set forth by Chapter 2, Section 1 IH, of the Boynton Beach Land Development Code. Chapter 2, Section 1 li shall apply only to the MU-H zoning district. a. On-site parking facilities shall be located to the rear or side of the structure they are intended to serve and screened from view from public streets, notwithstanding other provisions of these regulations that require a specific residential automobile garage setback, and paragraphs Sd. and 8e. below, permitting understory parking and regulating parking garages. The intent of this provision is that parking facilities not be prominent as viewed from the street(s) that serve(s) as the main orientation for the principal building(s), in order to emphasize buildings and pedestrian features and de-emphasize parking facilities. In order to best achieve this objective, rear paring is preferable to side yard parking. Access to parking shall be from side streets not serving as the principal structure's main frontage when possible in order to minimize vehicle/pedestfi'an conflicts along sidewalks resulting from driveway crossings. b. Mixed-use developments may utilize the following parldng requirements based upon shared parking with different hours of use. The total requirement for off-street p~rking spaces shall be the highest of the requirement of the various uses computed for the following five (5) separate time periods: weekdays (daytime, evening), weekends (daytime, evening) and nighttime. For the purpose of calculating the requirement of the various uses for the various separate time periods, the percent of parking required shall be: 4983 10 W, eekday Weekend Daytime Evening Daytime Evening iqighttime (6 a.m.- (5 p.m.- (6 a.m.- (5 p.m.- (Midnight- 5 p.m.) midnight) 5 p.m.) midnight) 6 a.m.) (Percent) (Percent) (Percent). (Percent) (Percent) Office 100 10 10 5 5 Retail 75 75 100 70 5 Lodging 75 100 75 .... 100 75 Restaurant 50 100 100 100 10 Entertainment 40 100 90 "'100 10 Residential 60 100 100 100 100 (Some: Urban Land Iustimte "Shared Parkin,r", 1983) c. Freestanding parking garages as part of a mixed uso development are permitted within the MU-H Zone only. Within the MU-H Zone, freestanding single-use parking garages shall not exceed 75 fee'tl'l~t,~ not. l~ive _&r~~ynton Beach Boulevard, Ocean Avenue or F~ral~ess ~~'o~e gar~ abutting said eets.oont - storefro , the noor. The intent is to border or wra~ge-~or~ ~~ermitte~fl~itable floor area to a minimum depth oftwen~ (20) feet, so ss to disguise the garage and create continuity in street- level activity by mainta~n~n~ interest for pedestrians and passing automobile tra~c. Principal structures that include parking garages shall be designed to blend the architecture of the garage with the remainder of the structure to create the illusion that the garage is habitable floor space. d. Parking garages that are incorporated into the same structure as a principal building, including structures providing parking on lower floors and habitable space on upper floors, are permitted within the MU-H and MU-L Zones. Understory parking (on the first floor of'a structure) is permitted throughout the MU-H and MU-L Zones for multiple-floor buildings. Such first floor parking areas, abutting on arterial roadways, are ..required to be developed for commercial uses to a mln~mum depth of twenty (20) feet. All other visible sides of the parking structure shall be screened from view by a living trellis (utili~ climbing vines) and/or architecturally articulated fagade designed to screen the parking area. e, In order to increase the efficiency of parking provision and vehicle circulation, parking facilities shall be interconnected whenever possible. Parking facilities shall, wherever feasible, be designed for future connection to an adjoining parcel where an existing connection cannot be established. 11._.~. Dumpster Location. Dumpsters shall be adequately screened from view in a manner compatible with the surrounding environment. 12-14. Circulation. Development sites with frontage on Federal Highway, Ocean Avenue and Boynton Beach Boulevard shall be designed to discourage mid-block street crossings on these streets. 4984 11 13__~. Signage. Chapter 21 shall govern signage within the Federal Highway Corridor District, Signs, of the Boynton Beach Land Development Code. storage Design Requirements. a. Location qfself-storage use. Self-storage uses shall only be allowed above the first floor in a mixed-use structure. bo Ground-floor retail uses required. Street frontages of the ground floor area shall be devoted to one or more principal retail and office u..se~, not_ related to the self-storage ~e, to.a depth of at least twenty (2.0) feet. Access to self-storage facilities. Access to self-storage u..s.e portign o~.the structure shall not be from/to an arterial roadway and must be screened from public fight-of-way. d. Design of buildings. Buildings shall be designed to have the appearance of a m.ulfi-sto resid .rial e use of Live/Work U~t R~u~emen~. a~ Minimum Floor Area. The ~~ floor ~ea of a. Hy.~work ~t sh~ be one ~o~d (1,000) sq~ f~t. bo Permitted floor Area. No more than 30% or four hundred (400) square feet, whichever is greater, of the live work unit 'shall be reserved for living space, including kitchen,, ba.throom, sleeping and storage areas. The rest of the gross. floor area of each unit shall be reserved and regularly used for working space. Separation Required. Each live/work unit shall be a separate unit from other 'uses in the building. Access to each live/work unit shall be provided from common access areas, common halls or corridors, or directly from the exterior of the building. d. Parking. Each live/work unit shall be provided at least two and one half (2 ½) parking spaces. Permitted Work Activity. The work.activity in a building where live/work traits are allowed shall be any use permitted by right in the zoning distri.et, except that in order to protect the health and safety of persons who reside in a live/work unit, no work activity shall be permitted that by virtue of size, intensity_, number of employees or the nature of the operation, has .the potential to create significant impacts by reason of dust, .glare, heat, noise, noxious gasses, odor, smoke, Waffle, vibration or other imp.acts, or would be hazardous by way of materials, process, product or wastes. 4985 12 $:~Ianning~HARED\WP~PECPROAC. OI~I~ I~ ~xrm,an~r~v'~ ~- f. go .Occupational L. tgen,,e Required. At lea~ one c~c~gupa:~t r.e.sident of an individual live/work un!t shall maintain a current occupational license for a business located in. that unit. No Separate Sale or Rental of Portions of Unit. No portion of a live/work unit may be separately rented or sold as a commercial space for a person or persons not living _in the premises or'as a residential space for a person not working in the same unit. No Conversion qfUnits. No live/work unit shall singly be changed to exclusively commercial or exclusively residential use. No conversion of all live/work units in a single structure to exclusively residential use shall be, where the work portion of the units is the only..commercial us.e in a project, nor shall conversion, to ,exclusively commercial use be permitted where the live portion of the u!aits is the only residential use in a project. 4416. Definitions. de only to the Mixed Use Zoning Districts, ~l~o~v~l[miti,'orl~ other portions of the Code in case of conflict Accessgry apartment: a habitable living unit added to or created within a single-family dwelling that provides basic requirements for living, sleeping, eating, cooking, and sanitation. Accessory apartments shall comprise no more than twenty-five percent (25%) of the total floor area of the single-family dwelling and shall in no case be more than 750 square feet. Antique shops: any premises used for the sale or trading of articles of which eighty percent (80%) are over fifBr (50) years old or have collectible value. Antique shop does not include "secondhand store". Child Care: an establishment that provides care, protection and supervision for children on a regular basis away from their primary residence for less than 24 hours per day. The term does not include facilities operated in conjunction with an employment use or other principal activity, where children are cared for while parents or custodians are occupied on the premises or in the mediate vicinity. Coffee house: an informal caf6 or restaurant primarily offering coffee, tea, and other non~ alcoholic beverages, and where light refreshments and limited menu meals may also be sold. Convenience Store: a small store near a residential area that stocks food and general goods and is open all or most of the day and night. Custom furnishings: home furniture and decorative objects built to a buyer's specifications, Cyber caf6: a coffee house that provides patrons with computer terminals for browsing the Interact for a fee. 4986 Day Spa: Spa facilities that have no overnight accommodations, but offer (an array of spa treatments administered by licensed and certified spa technicians) beauty, wellness and relaxation programs that may last from a few minutes up to a full day. Fitness/Health Club: A commercial recreation and entertainment facility.or private club which has as a PK[NCIPAL USE a gyranasi~ swimming pool or oth~ sports facility and which may offer .massages~ whirll~ool baths, steam rooms, saunas or medical facilities as ACCESSORY USES to .the PRINC~AL USE. Fortune-teller/Psychic: ~ Person who makes predictions about the future through methods including astrology, palm reading, psychic abilities, crystal balls, tarot cards, or examining tea leaves. Half-way House: A residential facility used to house individuals being transitioned from penal or other institutional custody back into the larger society. Hotel: A building or portion thereofcontaini .n. g twenty (20) or more guest rooms efficiency units or suites designed for the temporary lodging of transient guests rented on....a daily basis and .occupied for less than ~ (30) days; Ancillary_ facilities may include conference facilities, restaurants, bars, recreation facilities, ballrooms, banquet rooms and meeting rooms. Access to .the guest quarters shall be through an .inside lobby and corridors or from an exterior court which is within a socBred area. Hotel, Extended Stay: Any all-suite hotel that provides visitors with a full kitchen and more than 5% of its rooms are occupied for at least thirty (30) days andno more than one hundred and eighty. (180) days. Landscaped Area: Open space area not occupied by any structures or impervious surfaces, and landscaped with vegetative material and ground covers pursuant to the Boynton Beach Landscape Code. Live/~Vork Studio: A commercial unit With incidental residential accommodation~ occupying one (1) or more room~ or floors in a building primarily designed and used for commercial occupancy and providing, 1. adequate working spaced reserved for commercial use and r_e_gularlv used for such purpose by one (1) or more persons residing ~ .the studio; and, 2. living ..space containing, but not limited to, a sleeping .area, food preparation area with reasonable work space and a full bathroom. Medical outpatient facility: an establishment where patients who are not lodged overnight are admitted for examination and treatment by a group of physicians, dentists, or other health care professionals. 4987 Mixed Use Development: a combination of two or more uses on a single parcel. In the Mixed Use-High zoning district this shall consist of a structure or series of structures containing ground floor retail commercial with office uses and/or housing above. In the Mixed Use-Low Intensity zoning district, mixed-use can refer not only to uses within single buildings, but to different uses mixed in close proximity in a single development. Motel: A building or group of buildings designed to provide.sleeping accommodations for transient or overnight guests. Each building shall contain a minimum often (10) residential units or rooms, which generally have direct access to a parking lot, street, drive, court, patio, etc. Newsstand: a stall, booth or store where newspapers and magazines are sold. Package Hquor store: an establishment where alcoholic beverages are dispensed or sold in sealed containers for consumption offthe premises. Recreation and Entertainment, Indoor: an establishment offering rex>reation and entertainment to the general public within an enclosed building. Such uses include movie theaters, bowling alleys, skating ool l o 3i T · units that cannot Residential, Multi-Family ,~lllj~l~g. llt.~ee]lo~lore dwell~ be classified as single-family attached. Residential, Single Family Attached: 'Two (2) or more one-family dwellings attached by common vertical firewalls, whereby each unit has its own front and rear access to the outside, and no unit is located over another unit. Examples of single-family attached dwellings include duplexes and townhomes. Sl~elter: A facility, which is not a hotel or motel, used primhrily for providing free or very low- cost short-term lodging for individuals who would otherwise be homeless. Soup Kitchen: A facility providing free or very low-cost meals or distributing free or very low- cost pre-packaged foodstuffs to the public as part of a charitable activity, program or organization. Substance Abuse Center: A facility used primarily for the treatment of individuals for alcohol or drug abuse. .Theater: A building or outdoor structure expressly designed for the presentation of plays, .operas, music concerts, motion pictures, etc. 4988 CHAPTER 2 ZONING Exhibit A Sec.6. Commercial district regulations and use provisions F. Mixed Use Zoning Districts 1. Intent and Purpose. The Mixed Use zoning Districts allow for a diversity of land uses and accommodate and encourage a mixture of residential, office, retail, recreational, and other miscellaneous uses on assembled parcels a!c. ng ~.~..~ .~'~a ~..~¥...~.... ---e,.-.. -,~m~u ...... r~^~ a^..~.~........ ,,,;,h;,.,.....~. the Communi _ty Redevelopment Area. All development and redevelopment shall be ~ approved-require a site plan approval to be processed concurrently with the application for The objectives of the Mixed Use zoning districts are as follows: a. Support and enhance revitalization efforts in the City's traditional commercial core area; b. Create major new residential and mixed use areas in planned locations with appropriate densities, heights, and mixtures of uses; c. Create optimal pedestrian environments though appropriate separation from, and design of vehicul~orl'l'as~ .~k 'l'~ ~"'1~ d. Allow flihil ' cut~mra/l~ign ~l~'ld~nl~ulk; while maximizing compatibility an~~]l' ~otnl withi_l~e redevelopment area; downtown; and visitors. eo Create surrounding areas that complement rather than compete with the Create'higher quality environments for residents, businesses, employees, 2. Zoning Districts. The Mixed Use zoning districts shall be applied to selected geographic areas east of 1-95, identified on the City's Future Land Use Map, where a mixture of uses and: building densities is intended to carry out elements of the city's redevelopment plans, including goals in employment, population, transportation, housing, public facilities, and environmental quality. Regulations for the planning areas are implemented through two zoning districts: Mixed Use-High Intensity (MU-H) and Mixed Use-Low Intensity (MU-L). Permitted uses and associated standards for development vary between the zoning districts, each reflecting the importance of the district's location and its relationship to the downtown. Heights, densities and intensifies of development are regulated according to the classification of the roadway along the frontage of the property_. A Mixed Use zoning district may be located only on lands designated Mixed Use (MX) or Mixed Use-Core (MX-C) on the City of Boynton Beach Future Land Use Map. 3. Subdistricts established. a. MU-H (Mixed-Use-High Intensity) Zoning District. (1) Upon adoption of the Mixed Use-Core (MX-C) land use classification, this zoning district shall only be applied to lands classified as Mixed Use-Core (MX-C) on the Future Land Use Map. (2) The MU-H district is appropriate for developments that provide for high density residential in addition to retail commercial and office uses. 1 S:~Planning~SHARED\WP~SPECPRO~CODE REVIEW~CDRV MU-H MU-L\Code strike&under4-13-04.doc (3) 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" roads~ways on the "Functional Classification of Roadways Map" contain a mixture of retail, office and/o._rr residential uses arranged either vertically or horizontally. b. MU-L (Mixed-Use-Low Intensity) Zoning District. (1) In order to complement the revitalization efforts in the City's commercial core, the MU-L zoning district shall only be applied to lands peripheral to the downtown and classified as Mixed Use (MX) on the Future Land Use Map. (2)The MU-L district is appropriate for low- to mid-rise developments that provide for medium density residential uses. (3) The district allows a maximum height of seventy-five (75) feet and a residential density of 40 dwelling units per acre for mixed use projects. (4) ~hDtwe~ven~~d one hundred (100) feet may be permitted l'1 (5) The review of these applications will emphasize aesthetics and design quality, and physical compatibility with adjacent land uses. (6) All new ~ developments within this district that contain a mix of uses shall front on streets designated as "arterial", "collector", or "local collector" roads~ways'' on the "Functional Classification of Roadways Map" and shall contain a mixture of retail commercial, office and/or residential uses, which may be arranged either vertically or horizontally. (7) Height restrictions and densities may be further limited in certain geographic areas to further applicable redevelopment plans. 4. ~Uses. a. The following table identifies the permitted, restricted and prohibited uses within the Mixed Use Zoning Districts. b. Uses are classified as Permitted "P", Conditional "C" or Not Permitted c. Uses permitted with restrictions are followed by a numeral that corresponds to a footnote below the table. Each footnote explains restrictions associated with the USe. d. The Planning and Zoning Director or designee shall have the discretion to approve uses that are not specifically listed but are similar to uses that are expressly permitted provided, however, such uses are not expressly identified as conditionally permitted or not permitted in any zoning district within the City. 2 S:Wlanning~SHARED\WPKSPECPROJXCODE REVIEW~CDRV MU-H MU-L\Code strike&under4-13-04.doc TABLE 6F-1 SCHEDULE OF PERMITTED PRINCIPAL, ACCESSORY AND CONDITIONAL USES USE GROUP/USE MU-L ZONE MU-H ZONE Residential or Lodging Use Group Bcd and Breakfast C N Boutique Inn N C_~~ Hotel C P Home Occupation P P Mobile Home N N Motel N N Residential, Single Family Detached P N Residential, Single Family Attached P PC_ Residential, Multi-Family P p2/C2 Boarding and Rooming House N N (except where provided by state law) Accessory Unit -'l-hi --1,-n. i "'~l"~ r-l-hi N Live/work Unit II · Community Facilitie~sel b~l · k ~g- IIJ-L10']qE 1U-H ZONE Government Office/C~nter~llbr~ Recreation (outdoor) P N Museum P p House of Worship P~ t~pt~ Police or Fire-Rescue Station p4 p Postal Center (retail sales only) C ~,o C Post Office P p-~ Public Park P p Public Parking Lot or Garage P p Office Use Group* MU-L ZONE MU-H ZONE * Not encouraged as a first floor use in the MU-H Zone Bank/Financial Institution GP Medical or Dental Office or Clinic Physical Therapy Clinic p-° p~- Professional Business Office pO Veterinary Office or Clinic pO N Sales and General Commercial Use MU-L ZONE MU-H ZONE Group* * Where permitted within the MU-L Zone, only on lots fronting on major arterial roadways. Alcoholic Beverage Package Store pO Ammunition or Firearm Sale or Rental N N Animal Boarding or Kennel C--P._~~ N Animal Grooming pa pO Animal Sales N N 3 S:~Planning~SHARED\WP~SPECPROJ~CODE R1EVIEW~CDRV MU-H MU-LXCode strike&under4-13 4)4.doc USE GROUP/USE MU-L ZONE MU-H ZONE Sales and General Commercial Use MU-L ZONE MU-H ZONE Group* Antique Store pO pO Antique Mall/Flea Market N N Arts, Crafts, Hobby and Framing p~ pO Auction House N N Automotive Parts Sales N N Automobile Sales with Display p~ pi2 Bakery, Retail pO pO Boat/Marine Sales/Rental N p~ Boat/Marine Accessories pO pO Bookstore po pO Building Supplies or Materials N N Bus Terminal N NC_ New Clothing, Shoes or Accessories pO pO Boutique ~ ..~..~.. · ~ ~ Contractor's Office/E~ipm'~ Stag,'B A Il a 1 r ~ N Coffee Shop I · l~' / ~ li~ I pO Convenience Store · ! · ,l~ · ii ' · pO Custom Home Furnishings pO pO Cyber-caf6 pO pO Delicatessen pO pO Dive Shop and Instruction as Accessory Use pO p Drag Store or Pharmacy pl~ p~ Gasoline Sales with/without Vehicle Service Cl° N Grocery Store, Supermarket P7 P~ Florist pO pO Hardware Store p6 pO Health Food Store pO p6 Home Improvement Centers N N Lumber Yard N N Marina C C Newsstand pO p6 Outdoor Storage or Display N N Parking Lot for Commercial Vehicles N N Parking Lot or Garage, Private Ownership C C Personal Watercraft Sales, Rental, Service, pi2 p6 Parts or Repair Photographic Studio and Photographic G P° GP o ' Supplies Restaurant, w/Drive Thru N N Restaurant, Sit-Down Gp__~6 pO Specialty Foods and Confections pO pO Sporting Goods pO pO Tobacco and Accessories pO pO 4 S:~°lanning~SHARED\WP~SPECPROJ~CODE REVIEW~CDRV MU-H MU-L\Code strike&under4-13-04.doc USE GROUP/USE MU-L ZONE MU-H ZONE Sales and General Commercial, cont'd MU-L ZONE MU-H ZONE Vehicle or Marine Customizing, Detailing, N N Service, Parts or Repair Vehicle or Marine Trailer Sales, Rentals, N N Service, Repairs and Storage Video Rental pO pO Wholesale/Warehouse/Distribution N N Service Use Group* MU-L ZONE MU-H ZONE * Where permitted within the MU-L Zone, only on lots fronting on major arterial roadways. Barbershop/Beauty Salon/Day Spa pO pO Dance Studio pO pO Dressmaker or Tailor pO pO Drycleaner pO,~ Fitness/Health Club Gp__~ pO Funeral Home N N Hospital ~ ~ ,~ i ~ ~,'"l~ N Labor PoolEstablis~ts~ [ I ~ ~ ll I'' I 'N Laundromat I w · · [ ,t_ i, i · I N Medical Outpatient Fai~~ ~k~ ~.t;~__ .i~ GP~ Nursery, Preschool or Child Daycare pO N Nursing or Convalescent Home N N Photocopy Center pO pO Self-Storage or Mini Warehouse NC~4 N Shoe Repair pO pO Soup Kitchens;/Substance abuse Centers/ N N Shelters/Half-way Houses Tattoo Parlor/Body Piercin~ N N Entertainment Use Group* MU-L ZONE MU-H ZONE * Where permitted within the MU-L Zone, only on lots l~onting on major arterial roadways. Adult Entertainment N N Bar, Cocktail Lounge C-~ P-~ Billiard Club/Bowling Alley/Indoor C_~ pO Recreation Facility Bingo Hall N N Fortune Teller N N Movie Theater N C~ Night Club N C Performing Arts Theater N P Private Clubs, Lodges and Fraternal CO- C-~ Orl~anizations Accessor~ Use MU-L ZONE MU-H ZONE Drive-Thru Facility (other than accessory C9 N use to financial institutions and restaurants) 5 SSPIanning~SHARED\WP~SPECPROJ~CODE REVIEW~CDRV MU-H MU-L\Code s~ike&under4-13-04.doc Restriction Notes: 1 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. 2 For those with frontage on an arterial road, allowed as a permitted use if the ground level floor fronting the arterial is devoted to office or retail uses. Otherwise, use is a conditional use. 3 Use shall be subject to the following distance separation requirements from similar uses, measured in a straight line, using the shortest distance between property lines: For uses with less than 5,000 square feet of gross floor area, 750 feet. For uses with a gross floor area equal to or greater than 5,000 gross square feet, 1,500 feet. 4 Subject to setback and buffering requirements as recommended by the Technical Review Committee. 5 Maximum gross square footage of structure shall not exceed 2,500 square feet. Storage of postal vehicles prohibited. 6 Must be integrated into a commercial or mixed use development and not exceed 30 percent of the gross floor area of the entire development, constructed within the same 10 11 12 13 14. I~S structure as the rem~mixed~se d~~'l'~ Gross floor area of gro~'y s~e ~ mhj~ktm ot~.~00'sqtle f6et and a maximum of 30,000 sqlre ~[. I '~ ~ I '] I On-site drop-off and ~n~ Drive-thru facility, including stacking lanes, must be screened from public right-of-way and requires conditional use approval. Ingress/egress shall not be from/to an arterial roadway. Shall comply with provisions of Chapter 2, Sec. 11 .L., pertaining to retail sale of gasoline or gasoline products. Not permitted on property with Federal Highway Frontage in the MU-L Zone unless consistent with restriction note number six (6). Indoor storage/display shall not exceed 10,000 square feet. In conjunction with a permitted marina use. Storage/display allowed only in wet docks or indoor not to exceed 10,000 square feet. See Section 14 for regulations. See Section 15 for regulations. 6 S:~Planning~SHARED\WP\SPECPROJ~CODE REVIEW~CDRV MU-H MU-L\Code strike&under4-13-04.doc 5. Buildinl~ and site rellulations. Minimum Parcel Size' ' MU-L ZONE MU-H ZONE Residential Or Lodging Use Group Hotel --- 3 acres* *or is part ora mixed use development of at least 3 acres. Residential, Single Family Detached 5,000 sq. ft. --- Residential, Single Family Detached w/Accessory Unit 7,500 sq. ft. --- Residential, Single Family Attached (Duplex) 7,500 sq. ft. --- Residential, Single Family Attached (Townhome) 2,500 sq.ft./unit 65,000 sq. ft. Residential, Multi-Family 15,000 sq. ft. 20,000 sq. ft. Community Facility Use Group Public Park no minimum no minimum All other Uses 10,000 scI. ft 10,000 sq. ft, Minimum Living Area MU-L ZONE MU-H ZONE Single Family Detached 1,000 sq. ft. --- All other Residential ~ '-m--n,~ a -~,:a.~ ""~_~_. ~ ~650* sq. ft. Accessory Apartment I '~[ I B A 7~si.~. I --- * Size of all units must avex~ 1,(~sql?~[' ~ k !~ I Minimum Lot Frontage MU-L ZONE MU-H ZONE Residential Or Lodging Use Group Residential, Single Family Detached 50 ft. --- Residential, Single Family Attached (Duplex) 75 ft --- Residential, Single Family Attached (Townhome) 25 fi/unit --- Residential, Multiple-Family 100 ft. 100 fi. All Other Uses 100 ft. 100 ft. Maximum Height MU-L ZONE MU-H ZONE Residential Or Lodging Use Group Residential, Single Family Detached 35 ft. --- Residential, Single Family Attached (Duplex) 35 ft --- Ail Other Uses Locational Requirements for Heiilht~ DensiW, and Floor Area Ratio Apply Type Of Zonin~ Districts Roadway MU-L ZONE MU-H ZONE Frontaue Heii~htt Density FAR2 Height~ Density FAR2 Arterial 753-1003,4 ft 40 du/ac 1.5-2.0 150 ft.3, 80 du/ac 4.0 Collector 45-75~ ft 20-40 dtt/ac 1-1.5 150 ft.! 80 du/ac 4.0 Local Collector 45 ft 20 du/ac 1.0 NO NO NO Local NO NO NO NO NO NO Minimum Height on any street frontage is 35 feet. Includes all habitable space, including residential units, (excluding parking structures) 7 S:Wlanning~SHARED\WP\SPECPROJ~CODE REVIEWXCDRV MU-H MU-LXCode strike&under4-13-04.doc 3. Maximum height of front facade is 45 ft. above which building must step back a minimum 10 ft. of stepbaeh for evew each additional 50 ft. of height. 4. May increase to *~' .... : ........ '-:~ +~ c.^-n:~-~ +~ rr'.2nin'2ze above 75 ft. and up to 100 ft., subject to conditional use approval to ensure design and land use iacompatibilifies. Multiple story buildings are encouraged within the Federal Highway Corridor District, particularly along arterial roadways. The intent of this provision is to create the appearance of, or simulate the intensity of, a minimum two (2)-story building. MINIMUM PERVIOUS AREA MU-L ZONE MU-H ZONE Community Facility Use Group Public Parking Lot or Garage --- 15% Residential Or Lodging Use Group Residential, Single Family Detached 40% --- Residential, Single Family Attached 30% 30% Ail Other Uses 20% 15% FRONT YARD SETBACK'I~ ~ II~ A ~lJ- .L'~19£,~ MU-H ZONE Residential Or Lodging uselroui l~,I~[~, l~ l Residential, Single Family Dcl:hq~ui~towlllg ~ g.' I --- Residential, Single Family A~bm'I'd~ lin"~'~' ~ ~.t "'--'" --- Residential, Multi-Family build to line 10 ft. 2 0-15 ft. All Other Uses including mixed use with a single-family 0 ft or 10 ft~ 0 ft ~ I Ol 5 ft4 attached component--build-to line Porches may be placed forward of the build to line and shall maintain a minimum 2 foot setback from any public sidewalk. Porches shall be placed outside of clear sight triangle. Minimum setback for a garage facing or accessing the street is 20 feet. Projecting feature(s) such as awnings, balconies, porches and/or stoops shall may be placed forward of the build-to line and shall maintain a minimum 2-foot setback from any public sidewalk. One or more projecting feature(s) such as awnings, balconies, colonnades porches and/or stoops required forward of the build-to line and shall maintain a minimum 5-foot clearance from any vehicular use area. Elements projecting over a pedestrian walkway shall allow a minimum 9-foot vertical clearance and 5 foot horizontal pedestrian clearance. Where intent is to widen pedestrian walkway in compliance with Section 9.(d) Landscaping (below). SIDE YARD MU-L ZONE MU-H ZONE Residential Or Lodging Use Group Residential, Single Family Detached, Interior 6 ft. --- Comer 15 ft --- End 10 ft. -~- Residential, Single Family Attached (Duplex) Comer 15 ft. --- Residential, single Family Attached (Townhomes) End 10 ft --- Comer 15 ft. Residential, Multi-Family 20 ft! 0 ft: 8 S:~Planning~SHARED\WPXSPECPROJ~CODE REVIEW~CDRV MU-H MU-L\Code strike.&under4-13-04.doc Ali Other Uses Adjacent to Residential Single Family Attached or 25 ft. ~ 0 ft. Detached in the MU-L Zone Adjacent to Other Uses 0 ft. ~ 0 ft. i plus one additional foot for each foot of height over 45 ft. where adjacent to an existing single-family detached dwelling, less width of right-of-way. REAR YARD MU-L ZONE MU-H ZONE Residential Or Lodging Use Group All Residential, Where Yard is Adjacent to Intracoastal Waterway 25 ft. 25 ft. Residential, Single Family Detached 7.5 fi. --- Residential, Single Family Attached 7.5 ft. --- Residential, Multi-Family 25 ft. All Other Uses Where Yard is Adjacent ~coastill, l~ ;.erway Attached or Detached 1 Where yard is Adjacent toll subject to requirements of any permitting agency having jurisdiction over construction abutting the Intracoastal Waterway. plus one additional foot for each foot of height over 45 ft. where within or abutting the MU-L Zone Fifteen (15) feet abutting a street, 10 feet abutting an alley. 6_. Rezoning of Single-family Residential Zoning Districts to Mixed Use Zoning Districts. All requests for rezoning fi.om any single-family residential district to a mixed use zoning district shall be subject to the following additional requirements: Height, density and intensity of development based on the roadway fi.ontage; · Ratio of lot frontage to depth that is no more than 1 foot (frontage) to 1.25 foot (depth); · Vehicular access to the property_ located to minimize impacts on adiaccnt single- family developments and meet safety standards; and, · Landscape barriers provided, in accordance with the landscape regulations of this code, where the rezoned property abuts single-family residential zoning. 67. Mixed Uses. a. Buildings containing residential and non-residential uses are required within the MU-H zoning district for all properties fronting on arterial roadways, and permitted and encouraged, within the MU-L zoning district, and Mixed use structures are subject to the same development standards as "all other uses." b. Residential uses within mixed-use structures shall not be located on the ground floor, which shall be reserved for nonresidential uses. 9 S:~Planning~SHARED\WP~SPECPROJ~CODE REVIEW~CDRV MU-H MU-L\Cod¢ strike&under4-13-04.doc c. Nonresidential uses within mixed residential/nonresidential structures shall be evaluated for their compatibility with residential uses located on upper floors, and shall demonstrate compatibility based upon use-type, construction materials, floor plan and site layout, and other factors as determined appropriate given the type of use. g_8. Building Placement, Massing & Orientation. Structures fronting on arterial roadways within the MU-H and MU-L Zones shall occupy the entire width of the parcel they are located upon, notwithstanding comer side setbacks and clearance needed for a drive that may be required to access the rear of the property. 9. Access. 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. 810. Landscaping ao shade trees in the MU-H District. (1) Trees. All new construction in the MU-H District shall provide streeUcape.- -- Il, · 1~ tr~ s¢l~l~hall~fl~i~nsis~ih th~stablished theme of co~ onl~pprl~l~ia~ sp e. lll~ .-~ ~ · Trunks shall be a minimum four (4) inch caliper and provide seven (7) feet of vertical clearance for visibility. · In instances where canopies of overhangs make it infeasible to plant trees, alternative means of providing landscaping for the sidewalk shall be utilized. · Upon inspection by the City Forester, any trees found to be in declining condition shall be replaced within thirty (30) days. (2) Tree Spacing · Trees shall be regularly spaced. The spacing of the trees shall be 20-25 feet on center. · Spacing may be modified by factors such as the placement of utilities, by property access points, sight lines at comers or by comer conditions. · Tree placement shall match the existing pattern, where appropriate. · Tree guards, fabricated to City specifications, shall be placed adjacent to the curb, where feasible. (3) Tree Irrigation · Irrigation systems shall be installed to service all trees and other landscape materials. · Irrigation systems shall be in operable condition at all times. (4) Sidewalks · All new construction in the MU-H District shall provide new sidewalks. 10 S:~PlanningXSHARED\WP~SPECPROJXCODE REVIEWXCDRV MU-H MU-L\Cod¢ strike&under4-13-04.doc · Sidewalks constructed along arterial roadways shall be a minimum often (10) feet wide, measured from the rear of curb. · Sidewalks shall, where practical, be Holland-$tonepavers, red/charcoal color mix 2 by Paver System& Inc., or equal, laid in a 4 S herringbone pattern to continue the design elements in place along Federal Highway. (5) Flower Containers · To add color and soften sidewalk paving with plants, flower containers containing blooming annuals or perennials ar~-~aom~-agM to shall, where practical, be planted and maintained along facades of new building fronting on arterial roadways in the MU-H District. 911. Parking Requirements. Parking requirements for both the MU-H and MU-L zoning districts shall be as set forth by Chapter 2, Section 11H, of the Boynton Beach Land Development Code. Chapter 2, Section 11.I shall apply only to the MU-H zoning district. a. On-sit~f~all b~l~ocat~~e of the structure they are intended to serve and Iree~i ~ fro/fl~blic I~s, no_t~hstanding other provisions of these regulationslat ~]l~ifi~tialut~rnobillgarage setback, and paragraphs 8d. and 8e. below,-~L~t'~ffiinga~l~ r~'Sape arl~ll~-aa~tegula~king garages. The intent of this provision is that parking facilities not be prominent as viewed from the street(s) that serve(s) as the main orientation for the principal building(s), in order to emphasize buildings and pedestrian features and de-emphasize parking facilities. In order to best achieve this objective, rear parking is preferable to side yard parking. Access to parking shall be from side streets not serving as the principal structure's main frontage when possible in order to minimize vehicle/pedestrian conflicts along sidewalks resulting from driveway crossings. b. Mixed-use developments may utilize the following parking requirements based upon shared parking with different hours of use. The total requirement for off-street parking spaces shall be the highest of the requirement of the various uses computed for the following five (5) separate time periods: weekdays (daytime, evening), weekends (daytime, evening) and nighttime. For the purpose of calculating the requirement of the various uses for the various separate time periods, the percent of parking required shall be: Weekday Weekend Daytime Evening Daytime Evening Nighttime (6 a.m.- (5 p.m.- (6 a.m.- (5 p.m.- (Midnight- S p.m.) midnight) 5 p.m.) midnight) 6 a.m.) (Percent) (Percent) (Percent) (Percent) (Percen0 Office 100 10 10 5 5 Retail 75 75 100 70 5 Lodging 75 100 75 100 75 Restaurant 50 100 100 100 10 Entertainment 40 100 90 100 10 Residential 60 100 100 100 100 (Source: Urban Land Institute "Shared Parking", 1983) 11 S:XPIanning~SHARED\WP~SPECPROJ~CODE REV1EW~CDRV MLI-H MU-L\Code strike&under4-13-04.doe c. Freestanding parking garages as part of a mixed use development are permitted within the MU-H Zone only. Within the MU-H Zone, freestanding single-use parking garages shall not exceed 75 feet in height, and shall not have direct frontage on Boynton Beach Boulevard, Ocean Avenue or Federal Highway unless the portion of the garage abutting said streets contains storefronts, restaurants or other permitted nonresidential uses on the first floor. The intent is to border or wrap the garage in storefronts and other permitted habitable floor area to a minimum depth of twenty (20) feet, so as to disguise the garage and create continuity in street- level activity by maintaining interest for pedestrians and passing automobile traffic. Principal structures that include parking garages shall be designed to blend the architecture of the garage with the remainder of the structure to create the illusion that the garage is habitable floor space. d. Parking garages that are incorporated into the same structure as a principal building, including structures providing parking on lower floors and habitable space on upper floors, are permitted within the MU-H and MU-L Zones. Understory parking (on the first floor of a structure) is permitted throughout the MU-H and MU-L Zones for multiple-floor buildings. Such first floor parking areas, abutting on arterial roadways, are required to be developed for commercial uses to a m~ o 20 fe .Al ' ' 'of the arkin structure shall be sc~'lizitl~binglne§) and/or architecturally articulated fa9 e. In order to increase the efficiency of parking provision and vehicle circulation, parking facilities shall be interconnected whenever possible. Parking facilities shall, wherever feasible, be designed for future connection to an adjoining parcel where an existing connection cannot be established. 11~-1-0. Dumpster Location. Dumpsters shall be adequately screened from view in a manner compatible with the surrounding environment. 12._~. Circulation. Development sites with frontage on Federal Highway, Ocean Avenue and Boynton Beach Boulevard shall be designed to discourage mid-block street crossings on these streets. 13~-1z3. Signage. Chapter 21 shall govern signage within the Federal Highway Corridor District, Signs, of the Boynton Beach Land Development Code. storage Design Requirements. a. Location of self-storage use. Self-storage uses shall only be allowed above the first floor in a mixed-use structure. bo Ground-floor retail uses required. Street frontages of the ground floor area shall be devoted to one or more principal retail and office uses, not related to the self-storage use, to a depth of at least twenty (20) feet. Access to self-storage facilities. Access to self-storage use portion of the structure shall not be from/to an arterial roadway and must be screened from public right-of-way. 12 S:LPlanning~SHARED\WP~SPECPROJ~CODE REVIEW~CDRV MU-H MU-L\Code sffike&under4-13-04.doc Design qfbuildings. Buildings shall be designed to have the appearance of a multi-story retail, office and/or residential structure through the use of windows, shutters, and appropriate building elements on the upper floors. Live/Work Unit Requirements. a. Minimum Floor Area. The minimum floor area of a live/work unit shall be one thousand (1,000) square feet. bo Permitted floor Area. No more than 30% or four hundred (400) square feet, whichever is greater, of the live work unit shall be reserved for living space, including kitchen, bathroom, sleeping and storage areas. The rest of the gross floor area of each unit shall be reserved and regularly used for working space. c. Separation Required. Each live/work unit shall be a separate unit from other uses in the building. Access to each live/work unit shall be provided fi:om common/~om the exterior d. Parking. - and one half (2 ½) parking spaces. Permitted Work Activity. The work activity in a building where live/work units are allowed shall be any use permitted by right in the zoning district, except that in order to protect the health and safety of persons who reside in a live/work unit, no work activity shall be permitted that by virtue of size, intensity, number of employees or the nature of the operation, has the potential to create significant impacts by reason of dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration or other impacts, or would be hazardous by way of materials, process, product or wastes. Occupational License Required. At least one,,v,.,.r~.,* resident of an individual live/work unit shall maintain a current occupational license for a business located in that unit. No Separate Sale or Rental of Portions of Unit. No portion of a live/work unit may be separately rented or sold as a commercial space for a person or persons not living in the premises or as a residential space for a person not working in the same unit. No Conversion qf Units. No live/work unit shall singly be changed to exclusively commercial or exclusively residential use. No conversion of all live/work units in a single structure to exclusively residential use shall be, where the work portion of the units is the only commercial use in a project, nor shall conversion to exclusively commercial use be permitted where the live portion of the units is the only residential use in a project. 13 S:~Planning~SHARED\WP~SPECPROJXCODE REV1EW~CDRV MU-H MU-L\Code strike&under4-13-04.doc -1416. Defmitions. The following are supplement definitions applicable only to the Mixed Use Zoning Districts, and therefore take precedence over definitions in other portions of the Code in case of conflict. Accessory apartment: a habitable living unit added to or created within a single-family dwelling that provides basic requirements for living, sleeping, eating, cooking, and sanitation. Accessory apartments shall comprise no more than twenty-five percent (25%) of the total floor area of the single-family dwelling and shall in no case be more than 750 square feet. Antique shops: any premises used for the sale or trading of articles of which eighty percent (80%) are over fifty (50) years old or have collectible value. Antique shop does not include "secondhand store". Child Care: an establishment that provides care, protection and supervision for children on a regular basis away from their primary residence for less than 24 hours per day. The term does not include facilities operated in conjuncti~ e~nt use ~1[ °theria~61~lt~here children are cared f°r while parents °r cust°l a~cl~ the ~e~ °l~ lflimlte Mcinity' Coffee house: an informal ca21tf, d~ta~ ]~l[~y otlrinioffee, te~ltnd other non- alcoholic beverages, and where light refreshments and limited menu meals may also be sold. Convenience Store: a small store near a residential area that stocks food and general goods and is open all or most of the day and night. Custom furnishings: home furniture and decorative objects built to a buyer's specifications. Cyber caf6: a coffee house that provides patrons with computer terminals for browsing the Internet for a fee. Day Spa: Spa facilities that have no overnight accommodations, but offer (an array of spa treatments administered by licensed and certified spa technicians) beauty, wellness and relaxation programs that may last from a few minutes up to a full day. Fitness/Health Club: A commercial recreation and entertainment facility or private club which has as a PRINCIPAL USE a ggmnasimn, swimming pool or other sports facility and which may offer massages, whirlpool baths, steam rooms, saunas or medical facilities as ACCESSORY USES to the PRINCIPAL USE. Fortune-teller/Psychic: somebody Person who makes predictions about the future through methods including astrology, palm reading, psychic abilities, crystal balls, tarot cards, or examining tea leaves. Half-way House: A residential facility used to house individuals being transitioned from penal or other institutional custody back into the larger society. 14 S:h°lanning~SHARED\WP~SPECPROJ~CODE REVIEW~CDRV MU-H MU-L\Code strike&under4-13-04.doc Hotel: A building or portion thereof containing twenty (20) or more guest rooms, efficiency units or suites designed for the temporary lodging of transient guests rented on a daily basis and occupied for less than thirty (30) days. Ancillary facilities may include conference facilities, restaurants, bars, recreation facilities, ballrooms, banquet rooms and meeting rooms. Access to the guest quarters shall be through an inside lobby and corridors or fi~om an exterior court which is within a secured area. Hotel, Boutique: A small luxury hotel containing ten (10) to fifteen (15) guest rooms. Meal service is usually breakfast only, but in some instances high-quality dinner and/or lunch service and room service may also be provided. Hotel, Extended Stay: Any all-suite hotel that provides visitors with a full kitchen and more than 5% of its rooms are occupied for at least thirty (30) days and no more than one hundred and eighty (180) days. Landscaped Area: Open spal_are'~ot cic~dbyAstru~-~orlrimlrv?ous surfaces, and landscaped with vegetative m~li,~llttlOl~°~ ~l~q!~a.~lo lac Btn Beach Landscape Code. Live/Work Unit: A commercial unit with incidental residential accommodations occupying one (1) or more rooms or floors in a building primarily designed and used for commercial occupancy and providing, 1. adequate working spaced reserved for commercial use and regularly used for such purpose by one (1) or more persons residing in the unit; and, 2. living space containing, but not limited to, a sleeping area, food preparation area with reasonable work space and a full bathroom. Medical outpatient facility: an establishment where patients who are not lodged overnight are admitted for examination and treatment by a group of physicians, dentists, or other health care professionals. Mixed Use Development: a combination of two or more uses on a single parcel, tract or development pod. In the Mixed Use-High zoning district this shall consist of a structm'e or series of structures containing ~'eun~ fleer retail eommereial ;vi~ office usesan&~^- .......... ~' .... :~ ~; ..... n,. .... residential uses arranged vertically. In the Mixed Use-Low Intensity and Suburban Mixed Use zoning districts, mixed-use can refer not only to uses within single buildings, but to different uses mixed in close proximity in a single development. Motel: A building or group of buildings designed to provide sleeping accommodations for transient or overnight guests. Each building shall contain a minimum often (10) residential units or rooms, which generally have direct access to a parking lot, street, drive, court, patio, etc. Newsstand: a stall, booth or store where newspapers and magazines are sold. Package liquor store: an establishment where alcoholic beverages are dispensed or sold in sealed containers for consumption off the premises. 15 S:~IanningXSHARED\WP~PECPROJZCODE REV1EW~DRV MU-H MU-L\Code strike&under4-13-04.doc Recreation and Entertainment, Indoor: an establishment offering recreation and entertainment to the general public within an enclosed building. Such uses include movie theaters, bowling alleys, skating rinks, pool and billiard halls, game arcades (pinball, computer), fitness centers, dance studios, court sports and swimming pools. Residential, Multi-Family: A building containing three (3) or more dwelling units that cannot be classified as single-family attached. Residential, Single Family Attached: Two (2) or more one-family dwellings attached by common vertical firewalls, whereby each unit has its own front and rear access to the outside, and no unit is located over another trait. Examples of single-family attached dwellings include duplexes and townhomes. Shelter: A facility, which is not a hotel or motel, used primarily for providing free or very low- cost short-term lodging for individuals who would otherwise be homeless. Soup Kitchen: A facility providing free or very low-cost meals or distributing free or very low- organization,c°st pre-packaged f°°dstuff"s ~1~ °f ~ta~l~T °r Substance Abuse Center: A i.,i~]j~usJi~.~for~tr~ent ofiividuals for alcohol or drug abuse. Theater: A building or outdoor structure expressly designed for the presentation of plays, operas, music concerts, motion pictures, etc. 16 S:~Planning~HARED\WP~SPECPROJ~CODE REVIEW~CDRV MU-H MU-L\Code stxike&under4-13-04.doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DI~SiON MEMORANDUM NO. PZ 04-053 STAFF REPORT TO: Chairman and Members Community Redevelopment Agency THRU: Michael W. Rumpf Planning and Zoning Director FROM: Maxime Ducoste-A. Planner DATE: March 1, 2004 PRO.1ECT NAME/NO: Mariners Way/ZNCV 04-001 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 wlthin a R-3 zoning district. Property Owner: Applicant/Agent: Location: ExisUng Land Use/Zoning: Proposed Land Use/Zoning: Proposed Use: Acreage: Adjacent Uses: North: South: East: West: PRO3ECT DESCP~P'I~ON Maflners Way Homeowners Association K.P. Hislop 800 Mariners Way, Boynton Beach, Florida High Density ResidenUal (HDR)/R-3 No changes are proposed. Accessory structures (tild hut and bathroom) 4.75 Acres (206,910 square feet) A single-family house zoned R-l-AA, single residential district, and farther north is South Road right-of-way; A multi-family residential development zoned R-3, multi-family residential district; The right-of-way for the Intracoastal Waterway; and A commercial development zoned C-4, general commercial district. 4989 Staff Report Memorandum No PZ-04-053 Page 2 BACKGROUND The subject property is currently zoned R-3, mulU-famlly residential. The property is adjacent to the west side of the [ntracoastal Waterway at the end of N.E. 12t" Avenue (see Exhlbit"A"- Location Map). The applicant has requested relief from the above-referenced code requirement to allow for the continued existence of a 192 square foot'~ld hut" bullt at the northeast corner of the subject property, which represents the front of the subject development. The"'dki hut" measures twelve (12) feet by sixteen (16) feet, and is 11.4 feet high (see Exhibit "B"- survey/site plan). For a structure with those dimensions the code requires a forty (40) foot front yard setback and twang/(20) foot side yard setback in the subject zoning district. As part of this request, the applicant is also proposing to provide a bathroom facility at the pool area, which this development currently lacks. Such facility was not required when this development was built. The bathroom, measuring 5.8 feet by 5.8 feet, is proposed to be located ten (10) feet from the north property Ilne. This would place it Immediately west of the pool area, in an the existing parking space. The applicant placed the "t/Id hut" at 10.8 feet from the front properly line encroaching into the forty (40) foot front yard setback (see Exhibit "B"- survey/site plan). The owners did not apply for a permit for the "t/Id hut'; Consequently, Code Compliance Issued a citation for the construcUon of the t/Id hut. In response to the dtaUon, the applicant has submitted a building permit application and minor modification (see Exhibit "C'- Denial Letter). However, these requests were denied due to encroachment into the front yard setback. To recUfy the situation and to allow this encroachment, the applicant is requesting this variance. If approved, the owners would then be required to submit a minor site plan modification and obtain all necessary building permits for the desired structures. -i'he code states, that the zoning code variance cannot be approved unless the board finds the following: That speda/ condiEons and circumstances ex/st which are peculiar to the/and, structure, or building involved and which are not applicable to other/ands, structures or buildings In the same zoning d/strict. b. That the spec/a/condib'ons and circumstances do not result From the acb'ons of the applicant. c. That granb'ng the variance requested will not confer on the applicant any spec/a/privilege that Is den/ed by this ordinance to other/ands, bu//d/ngs~ or structures In the same zoning district. That literal/nterpreta~'on of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properb'es In the same zoning d/strfct under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. e. That the variance granted is the m/n/mum variance that will make possible the reasonable use of the /and, building, or structure. f. That the granting of the var/ance will be In harmony with the genera/Intent and purpose of this chapter [ordinance] and that such va/lance w/II not be injurious to the area Involved or otherwise darn'mental to the public we/fare. 4990 g. Variances to m/n/mum lot area or lot frontage requirements, that property is not available from adjacent properties In order to meet these requirements, or that the acquisition of such property would cause the adjacent property or structures to become nonconforming. Applicant shall l~ro~de an Staff Report Memorandum No PZ-04-053 Page 3 aff/dav/t with the application for variance stating that the above menffoned conditions exist with respect to the acqu/s/tfon of add/b/ona/ property. The applicant's responses to the above criteria (see Exhiblt"D"), falls to satisfy hardship conditions for the following reasons: :t. The subject parcel's size and dimensions, as approved by plat, meet the current code requirements for a R-3 zoned lot; and 2. The variance is made necessary by ac'dons of the applicant. Staff visited the site and estimates there to be sufficient space to accommodate this bathroom with a significantly greater setback than proposed. Staff concurs with the applicant that spedal conditions and circumstances exist. The fact that the pool is constructed in the northeast comer of the site, at the most narrow portion of the property, makes it virtually impossible to construct the tild hut on the pool deck for maximum usage for pool activities, In compliance with minimum setbacks. However, these conditions are not natural to this particular property, but result from acUons by previous developer (proJect design and pool location), therefore criteria "a" Is not satisfied. The fact that the pool was built along the north property line, and the tild structure was constructed by a Seminole tribe member does not exempt the applicant from zoning requirements. With respect to criteria "b" above, staff realizes that the variance request would not have been necessary if the applicant had Initially applied for a site plan modification and building permit as required. During the review process, the applicant would have been informed of the code regulations regarding the proper placement of this tild hut in this zoning district. Although the subject parcel is unusual in shape, the actions of the applicant have generated the circumstances. With respect to item "c'; given that the property has been approved for a permitted use (multi-family) in the R-3 zoning district, approval of this variance request would grant spedal privileges to the applicant, by allowing a structure to be placed within the minimum required setback, thereby possibly creating adverse Impacts on adjacent properties. Accordingly, denial of this variance request would not depdve the applicant of the rights already enjoyed by others. Therefore, criteria "c" is not satisfied. Although the properties to the north are not in the same zoning district as the applicant, thereby not applicable when reviewing Criteria "c'; variances have been granted to various properties which allowed reductions from the required 25-foot rear setback, down to the 10 foot seatback being requested by the applicant. The subject property was Improved with a multi-family development in compliance with minimum setback requirements, and developed by maximizing the site, As such, this request does not represent the minimum necessary to make reasonable use of the land, structure or building, Therefore, since "reasonable" use of the land has been proven, this variance is not Justified, and criteria "e" is not met, With respect to Impacts on the area, and criterion "f" above, the Uki hut and proposed bathroom would be separated from nearby single-family properUes to the north by insignificant distances (10 feet compared to the required 40 feet). Staff understands that the proposed UId hut would provide needed shade for the pool area, but this would potentially be at the detriment of reducing views, light and airflow for the adjacent proper'des. 499 ] Staff Report Memorandum No PZ-04-053 Page 4 Staff realizes through this analysis that the owner has limited options for this tiki hut. The proper placement of a structure is limited by the existing swimming pool layout on the property, the property's configuration at the easternmost portion, and the district requirements. However, where setbacks cannot be met, alternatives for providing shade without involving structural Improvements must be considered. RECOMHENDAI"ZON Based on the analysis contained herein, staff recommends that the request from Relief from Chapter 2, Zoning, Section $.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 often (10) feet for a structure within a R-3 zoning district be denied for the following reasons: 1. Lack of traditJonal hardship, and specifically, that relief is not necessary to make possible the reasonnable use of the land; 2. The special conditions and circumstances are a result of actions taken by the applicant (e.g. design and layout of the proposed Improvement); and 3. The proposed bathroom addition could be altematively placed so as to maximize the setback and therefore minimize the magnitude of, or need for a setback variance. No conditions of approval are recommended; however, any conditions of approval added by the Community Redevelopment Agency Board or the City Commission will be placed in the Exhibit "E" - conditions of approval. MWP./MD $:\Plannlng~IARED\WP~PRO.]EC'T~Hadners Way~ZNCV O~-O01\Staff Report. doc 4992 1 in, = 221.6 feet i BOYNTON. CANAL C-16 ICWW NE. gTH AVE LOCATION MAP MARINERS WAY EXHIBIT "A" 4993 i! i i / , / I 1 Il ~,' 4994 ... EXHIBIT ,B" The City of Bo nton Beach DEVELOPMENT DEPARTMENT PLAIINZNG AND :ZON~IG DZVZSON 100 E. ~ ~ Bou~ard P.O, Box 310 I~/nt:on Bead'v Rorfda 33425..0310 TEL: 561-742-6260 PAX: 561-742-6259 ~vw. boynton-l:~ch.org EXHIBIT "( October 29, 2003 Mr. Ken Hislop Mariners Way Homeowners Association Boynton Beach, Florida Mariners Way Tlki Hut MMSP 03-0108 Dear Mr. Hislop: In response to your request dated October 21, 2003 for the administrative review and approval of the modifications proposed to the above-referenced approved site plan, depicting the following: · Installation of a Tiki 'Hut building (as depicted on the attached drawing). Please be informed that the proposed changes on the revised plan date stamped 10/22/03 are not "minor# as defined within the Land Development Regulations, Chapter 4- Site Plan Review. This project ~F not continue to be processed by the Building Division aS a permit application. Be advised that the Proposed change requires a Zoning Code Variance for the encroachment into the required side yard setback. That process involves Board and Commission action above and beyond staff interaction. The applicant must also demonstrate'a hardship in complying with the 'City's development regulations associated, with the construction of your project. Please contact me at (561) 742-6260 if you have additional questions. Sincerely, ~ncipal Planner Cc: Karen Main, Plan Review Analys~ 4995 . ,-: . . EXHIBIT 5. f " i r ' Res~nd to six (6) questions below (A-~ on a ~eparate sheet. We are planning to build a tiki hut and bathroom in the pool area for the safety and convenience of homeowners. The community comprises thlrty-~o townhouses, and the pool is small There are no shade trees. The 40' setback was intended for the roadway and turnaround which is contlgnoas to the pool The homes adjacent are single family. B. That the special eaxtition~ and cOvtoratances do not re~ult, from the acaons of th~ appli~. When Manatee Cove was constructed in 1986 Code did not reqnire a bathroom at the pool Now, a variance is necessary for us to bring it up to code mandated by Florida Building Code, Chapter 424.1.6.1. sec. exception- Also, the tild hut is planned to provide shade for pool users since there are no shade trees there. Both structures benefit the health and welfare ofhemeowners and guests. Other applicants in the zoning district have, in fact, received variances. Eight landowners in the Harbor Estates have been granted 10' rear setbacks. Two of these, lots ~k38 and 39, are contiguous to the pool area of Manatee Cove. Also, Mariners Village, which is across the canal in clear view of our community, has both a tiki hut and bathroom at the community pool Our not providing a bathroom at the pool presents an inconvenience for homeowners; more importantly, it jeopardizes the health of pool users (Florida Building Code, Chapter 424.1.6.1). Clearly, variances have been granted to landowners in Harbor Estates to build structm~ which loom over our pool area. Also, Manatee Cove homeowners must leave the pool to use rest-roon~ at home (a walk of up to 974 f~et); Mariners V'dlage homeowners, on the other hand, have the convenience of a restroom at the pool Protection from the sun, not provided at Manatee Cove, is afforded Mariners V'dlage in the form of a tiki hut similar to the one we would like to bulM. Such sun protection is essential protection for people of all ages wh° use the pooL E. That the v~ar~ ~tmted is the mtni~ ~ tt~ will ma~ possible ~e usq of the lan~ ~ or stnwture; The position oftbe tiki hat provides shade in an area away from the pool itselt~ Considering the size and confignration of the pool area, road/turnaronnd, and the water pipes, there are no other places to constrnet the bathroom. Thus, the variance reqnested is the minimum variance to provide a 10' rear set-back to construct the minimum structure all~wed~ by the Florida Access Code, Le. 5'8" X 5'8% This will be a unisex bathroom with handicap facilit~sri~ wifl ~b~vinte a health hazard for pool users. F. That the granting of the variance ,~ill be in harmo~.~th the gemmal int~ and purpose of thts c3apter and that such varicg~e ~ill not be inOaffous to the co~a involved or otherw~e ~ol to the tmblia welfar~ The bathroom and tiki hut are necessar~ fo~_ the health.and safety of users of the pool.' These structures conform to the intent of the chapter to make the recreation area safe for people using it while protecting the environment; it does not interfere in any way with the well-being of neighbors or any other members of the public. Also, the desi~: and color conform to that of the townhouses and will blend aesthetically. 4996 EXHIBIT "E" Conditions of Approval Project name: Mariner's Way File number: ZNCV 04-001 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X Comments: None X POLICE Comments: None X ENGINEERING DMSION Comments: None X BUILDING DMSION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None 4997 X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S :~Planning~SHARED\WP~PROJECTShMariners Way~ZNCV 04-00 l\COA.doc 4998 S:\Plannlng\Plannlng Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Mariner's Way APPLICANT'S AGENT: K.P. Hislop APPLICANT'S ADDRESS: 744 Mariners Way Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 16, 2004 tabled until April 20, 2004 TYPE OF RELIEF SOUGHT: 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. LOCATION OF PROPERTY: DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 4999 Other DATED: ¢,itv ~.l~rk imm BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Meetine Dates [] January 13, 2004 Date Final Materials Must be Turned in to CRA Office December 30, 2003 (Noon.) Requested CRA Meeting Dates [] June 8, 2004 Date Final Materials Must be Turned in to CRA Office May 25, 2004 (Noon) [] February 10, 2004 January27,2004(Noon) [] July 13,2004 June 29, 2004(Noon) [] March 9, 2004 February24, 2004(Noon) [] August 10, 2004 July 27, 2004 (Noon) [] Apfil13,2004 March 30, 2004(Noon) [] September 14, 2004 August 31, 2004 (Noon) [] May 11, 2004 April 27, 2004 (Noon) NATURE OF AGENDA ITEM [] Consent Agenda [] Legal [] Public Audience [] Board Member Comments [] Director's Report [] Other Items [] Old Business [] Future Agenda Items [] New Business RECOMMENDATION: 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. EXPLANATION: In conjunction with the Land Development Regulation update currently in progress, 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. In an effort to better define and regulate Vehicles for Hire, staff has undertaken a comparative analysis of neighboring communities along with an evaluation of the goals of the Community Redevelopment Agency in revitalizing our downtown area. As a result of this research, staff has determined that broader regulations allowing for alternative modes of transportation, including trolley and non-motorized vehicles, are appropriate at this time. PROGRAM IMPACT: Improved regulation and licensing of Vehicles for Hire. FISCAL IMPACT: N/A ALTERNATIVES: Continue with existing cgde~ Dired~or o~Development CRA Director Department of Development $:",BULLETIN'xFORMS\_AGENDA ITEM REQUEST FORM.DOC 500O PART II CODE OF ORDINANCES Chapter 24 VEHICLES FOR HIRE Sec. 24-1. Definitions. As used in this chapter: Advertising shall mean vehicle overlays, attached or painted signage, as regulated by City of Boynton Beach Land Development Regulations, Chapter 21, any written statement made in connection with the solicitation by vehicle for hire business and includes without limitation, statements or representations made in a newspaper, "Yellow Pages" or other publication, or on radio, television or contained in any notice, handbill, business card, sign, catalog, billboard, brochure, poster or letter. Applicant shall mean any person who applies for a vehicle for hire occupational license. In the case of partnerships, associations, corporations and other legal entities, "applicant" shall also mean any member of a partnership and the corporate officers and directors. Compensation shall mean a return in money, property, or anything of value for the rendition of vehicle for hire services. County Business Permit shall mean the grant by Palm Beach County to operate one (1) vehicle for hire not subject to reciprocity, upon the streets of the county. Cruising means the driving of a taxicab on the streets, alleys or public places of the city in search of, or soliciting, prospective passengers for hire. Driver means an individual who operates or is in actual physical control of a public vehicle. Holder means a person, corporation, partnership, or other business entity to whom the City issues an occupational license to operate a vehicle for hire business. Jitney shall mean any non-metered vehicle for hire which may or may not operate a regular intervals over a designated route, and which fixed fares or rates may be charged for services. Limousine means any chauffeur-driven, non-metered passenger vehicle for hire, including, but not limited to, modified-for-the-purpose luxury limousines or full-sized luxury sedans, providing seating accommodations for not more than the number of passengers, including the driver, specified by the vehicles manufacturer, whose rates are determined on an hourly, daily, weekly or monthly rental of the vehicle and the chauffeur, or a combination of rental and mileage charges, with a minimum rental period of one (1) hour. 5001 Manifest means a daily record prepared by a vehicle for hire driver of all trips made by said driver showing the time and place of origin, destination, number of passengers, and the amount of fare of each trip. Non-motorized vehicle means vehicles for hire designed to be propelled by humans and/or animals which do not also have engines or motors installed, including, but not limited to, rickshaw, animal-drawn vehicle, bicycle or other opened or closed vehicle with two or more wheels, pedicab or pedestrian cab. Operator means any person owning, leasing or controlling a vehicle for hire. An operator may or may not be a driver. Public Vehicle means taxicabs, vans, limousines and non-motorized vehicles for the transportation for hire of passengers where new fares begin within the City limits of Boynton Beach. Taxicab means a motor vehicle regularly engaged in the business of carrying passengers for hire not operated on a fixed route, having seating accommodations for not more than the number of passengers, including the driver, specified by the vehicles manufacturer. Vehicle for hire driver's identification badge (I.D. badge) shall mean a permit issued by Palm Beach County, authorizing the holder thereof to utilize the vehicle for hire described in said permit for the transportation of passengers as authorized pursuant to this article. Waiting time means the time when a taxicab is not in motion from the time of acceptance of a passenger or passengers to the time of discharge, but does not include any time that the taxicab is not in motion if due to any cause other than the request, act or fault of a passenger or passengers. Sec. 24-2. Compliance. (a) The operation of a vehicle for hire within and upon the streets of the City shall be subject to the conditions, restrictions, and regulations set forth in this Chapter. It shall be unlawful to operate any vehicle for hire within and upon such streets without first obtaining the appropriate City occupational license for the operation of a vehicle for hire. The provisions of this Chapter, however, shall not apply to the following: (1) (2) (3) (4) Vehicles operated by a governmental agency; Vehicles tendering transportation services not for compensation; Vehicles owned and operated by hotels, motels, churches, private clubs and organizations, or other such entities, which provide transportation services for their guests/members only, for which the guest/member does not incur a separate charge; Discharge within the regulatory purview of this Chapter of a passenger picked up pursuant to legal authority in either another municipality or another county; 5002 (5) (6) (7) (8) Operation of motor vehicles for the transportation of passengers, not for compensation, between the vicinity of their residences and the vicinity of their places of work, in an arrangement commonly known as a "car pool" or "van pool", and exclusive ride-sharing vehicles as defined in F.S.§ 341.031 (9), as amended. Motor vehicles used exclusively in transporting children to and from school/daycare. Motor vehicles whose primary business is transporting passengers to and/or from airports located outside the City limits of Boynton Beach. Out-of-county origin exception. Nothing in this Chapter shall prohibit discharge within the City of any passenger, lawfully picked up in another county and lawfully transported into the City. Any passenger lawfully picked up in another county, transported to, and discharged at any location within the City, may be picked up at the discharge location so long as the transportation is part of a prearranged, round-trip fare (evidenced by written manifest or load ticket.) Additional passengers may not be picked up at the discharge point unless a valid City of Boynton Beach Occupational License is obtained. This exemption is not applicable to scheduled discharge locations, such as bus terminals. Compliance with Palm Beach County Code of Ordinances, Chapter 19, as may be amended from time to time is required in order to obtain an occupational license from the City and to receive an annual renewal of the City's occupational license. (b) Non-motorized vehicles: (1) (2) (3) (4) (5) (6) Non-motorized vehicles shall not be operated on any sidewalk; Animal waste generated by non-motorized vehicles shall be immediately disposed of in a sealed container by the vehicle driver. Non-motorized vehicles shall comply with posted regulations for stopping and standing. Non-motorized vehicles may not stop or stand in on-street spaces reserved for bus or trolley stops; Non-motorized vehicles may use available public parking spaces for stopping or standing but shall comply with posted time requirements and are subject to ticketing for failure to comply with such requirements; There shall be a passenger visible location provided in the vehicle for the public vehicle's driver's Palm Beach County Identification to be displayed. Non-motorized vehicles are limited to the City's Community Redevelopment Area and shall not transgress streets other than those permitted within the district. (c) Compliance with state, federal safety laws: (1) Every vehicle for hire company shall be responsible for ensuring that each vehicle in its employ complies with applicable state and federal laws, rules, regulations, and standards regarding motor vehicle safety equipment and devices. Every vehicle for hire company shall cause every vehicle that 5003 (2) (3) (4) it owns, leases or controls to be inspected at least annually to ensure that each such vehicle complies with F.S. § Ch. 316. The vehicle for hire company shall maintain a permanent registry containing information on the identity of each vehicle inspected, the date of the inspection, the nature of any deficiencies or defects discovered, remedial action or service performed, and the name of the inspector. All information so required shall be typewritten or printed legibly. The city may require additional inspections of any vehicle for hire to enforce the provisions of this section. Such inspections shall be conducted by persons qualified to perform the inspection requested. A vehicle for hire which fails to meet the operating and safety requirements of F.S. § 316 or other applicable law, rule, or regulation shall not be operated for the transportation of passengers for hire until the defect or deficiency has been rectified. In no case shall an unsafe vehicle for hire be operated upon the streets, roads, and highways of the city. All vehicle for hire drivers must display, in a conspicuous location visible to passengers, their Palm Beach County issued driver's identification card. Sec. 24-3. Advertising. (a) (b) (c) It shall be unlawful for any vehicle for hire company to advertise vehicle for hire services and/or transportation services without obtaining and maintaining a current and valid vehicle for hire City of Boynton Beach Occupational License, Palm Beach County business permit and Palm Beach County vehicle decal (s) pursuant to the provisions of this article. Any advertisements of any vehicle for hire business shall clearly and conspicuously disclose the vehicle for hire Palm Beach County business permit number. The permit number shall be preceded by "PBC". With the exception of limousines and executive sedans, each vehicle for hire shall clearly display on the exterior of the driver and passenger side of the vehicle, letters at least two (2) inches high and in contrasting colors, the vehicle for hire company's name, telephone number and Palm Beach County business permit number. The permit number shall be preceded by "PBC". All taxicabs shall conspicuously advertise their meter rates on the exterior of the vehicle and metered drop rate must match the advertised rate. Sec. 24-4. Prohibited conduct of public vehicle drivers. (a.) It shall be (1) (2) (3) unlawful for any driver of a public vehicle to: Violate any of the terms, provisions or directions of this Chapter; Fail to keep a written manifest of all trips, which record shall give information as to the time of each trip, the starting and ending point of each trip, together with the number of persons carried. The manifest shall be available for the inspection by the Police Department of the City at all times and shall be kept available for a period of not less than one year. Fail to report promptly all accidents to the Police Department. 5004 (4) (5) (6) (~) (8) Fail to report to the Occupational License division of the City any changes in driver status within five working days. Fail to give a receipt for fares when requested by passengers. Operate a vehicle for hire for more than I2 hours of any continuous 24- hour period. Operate any vehicle for hire while any article is on, upon or attached to the running board, fender, hood or door thereof. All articles and baggage or bicycles carried by vehicles under this Chapter shall be wholly within such vehicle, except that transporting of baggage/bicycles securely fastened in baggage/bicycle racks safely attached to any licensed vehicles shall be a permissible practice. Leave unattended while parked, any animal used for an animal-drawn vehicle for hire. Sec. 24-5. Vehicle for Hire Occupational License (a) An application for a vehicle for hire occupational license shall be filed with the appropriate City department upon forms provided by the city; such application shall be verified and shall furnish the following information: (1) (2) (3) (4) (5) The applicant's name and name under which the applicant is providing the vehicle for hire service; The applicant's local business address; The number, make, model, year of manufacture, and specific color scheme of each vehicle for hire operated by the applicant. The vehicle identification number and license tag for each vehicle for hire operated by the applicant. Proof of liability insurance as required by this Chapter. (b) Each applicant for a vehicle for hire occupational license shall employ only those drivers who have been issued a vehicle for hire Palm Beach County driver's identification badge pursuant to Chapter 19, Section 19-217, Palm Beach County Code of Ordinances, as may be amended from time to time. The applicant shall provide copies of each identification badge for each of the applicant's drivers along with a current and valid chauffeur's driver's license to the City upon receipt from Palm Beach County, within 7 working days of the issuance of a City Occupational License or an occupational license application renewal to the City's Occupational License Office. Any changes to driver's status shall be reported to the City's Occupational License Office within ten (10) working days of the status change. (c) The City may deny or revoke an occupational license issued to an applicant for vehicles for hire, if it is determined that the applicant has misrepresented, omitted, or concealed a fact on the application, renewal application, or replacement application. The applicant shall be given written notice of the proposed action to be taken and shall have the opportunity to appeal the revocation to the City Manager. 5005 (d) An occupational license shall only be valid for the vehicle for hire person or company to which the City issues the occupation license. The license is transferable; however, any change in name or business structure, must meet all requirements of this Chapter. Sec. 24-6. Vehicle Safety and Operational Requirements. Each applicant for a vehicle for hire occupational license shall comply with the Vehicle safety requirements pursuant to Chapter 19, Sections 19-218 and 19-219, Palm Beach County Code of Ordinances, as may be amended from time to time. Sec. 24-7. Liability insurance required. The City shall not issue an occupational license nor shall a vehicle for hire business be permitted to continue in operation unless there is in full force and effect a liability insurance policy for each vehicle authorized in the amount of five hundred thousand dollars ($500,000.00) combined single limit covering bodily injury per person; bodily injury per accident; and property damage per occurrence. Said liability insurance shall inure to the benefit of any person who shall be injured or who shall sustain damage to property proximately caused by the negligence of a holder, his servants, or agents. A copy of the liability insurance policy shall be submitted to the City's Occupational License Office at the time of application or renewal of the applicant's occupational license, and insurance shall be with a company authorized to do business in the State of Florida. Sec. 24-8. License fees prerequisite to continuance of operation. An individual, or company shall not be permitted to operate a vehicle for hire business within the City unless the individual or company pays the annual occupational license fee as provided in Chapter 13 of this Code for the right to engage in the vehicle for hire business. Such occupational license fees shall be for the license year and shall be in addition to any other license fees or charges established by proper authority and applicable to the holder of the vehicle or vehicles under his operation and control. Sec. 24-9. Driver to have chauffeurs license. A person shall not operate a vehicle for hire upon the streets of the City and a person who owns or controls a vehicle for hire shall not permit the vehicle for hire to be driven within the City, and a vehicle for hire, licensed by the city, shall not be driven at any time for hire, unless the driver of the vehicle for hire obtains and holds a current and valid chauffeur's license issued by the State of Florida. All driver's licenses for all drivers of vehicles for hire shall be submitted by the applicant to the City's Occupational License ~ Office at the time the individual or business applies for or renews their occupational license, and throughout the year. All City Occupational License applicants shall supply copies of the Palm Beach County issued Driver's Identification Badge, satisfying the requirements pursuant to Chapter 19, Sections 19-221, Palm Beach County Code of Ordinances, as may be amended from time to time. 5006 Sec. 24-10. Duty to give receipts. The driver of any vehicle for hire shall, upon request by a passenger, provide to the passenger a receipt for the amount charged, either by a mechanically printed receipt or by a specially prepared receipt on which shall be the name of the owner, occupational license number, amount of meter reading or total charges, and date of transaction. Sec. 24-11. Refusal of passenger to pay; intent to defraud. It shall be unlawful for any person to refuse to pay the legal fare of any of the vehicles for hire mentioned in this chapter after having hired the same, and it shall be unlawful for any person to hire any vehicle herein defined with intent to defraud the person from whom it is hired of the value of such service. Sec. 24-12. Manifests required. Every driver of a vehicle for hire shall maintain a daily manifest upon which are recorded all trips made each day, showing time and place of origin and destination of each trip and amount of fare, and all such completed manifests shall be returned to the owner of the vehicle for hire by the driver at the conclusion of the driver's workday. The forms for each manifest shall be furnished to the driver by the owner of the vehicle for hire. Every holder of an occupational license shall retain and preserve all driver's manifests in a safe place for at least one calendar year, and such manifests shall be available to the City upon request. Sec. 24-13. Number of passengers. A driver of a vehicle for hire shall not permit more persons to be carried in the vehicle for hire, as passengers, than the rated seating capacity of the vehicle for hire. DNT:dnt \klGCDE_FSkLIBRARY~, 1990\900182. BB\ORD\Vehicles for Hi re (01-30-04) .doc 5007 TO: THRU: FROM: DATE: PRO3ECT: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-075 Chair and Members Community Redevelopment Agency Board Michael Rumpf Director of Planning and Zoning Eric Lee .lohnson, AICP ~Jj Planner April 7, 2004 Dunkin Donuts - Baskin Robbins / COUS 04-00:[ Conditional Use approval for a drive-through facility Property Owner: Applicant: Agent: Location: Existing Land Use/Zoning: Proposed Land Use/Zoning: Proposed Use: Acreage: Adjacent Uses: North: South: East: West: PRO3ECT DESCP~PT[ON Mr. Roderick H. Cushman Mr. Sam Desai Mr. Ronald L. Uphoff :[3:[7 South Federal Highway (see Exhibit "A"- Location Map) Local Retail Commercial (LRC) / Community Commercial (C-3) No change proposed Restaurant with drive-through facility 18,762 square feet / 0.43-acres Existing commercial classified Local Retail Commercial (LRC) and zoned Community Commercial (C-3); Existing vacant commercial classified Mixed Use (MX) and zoned Mixed Use - Light (MU-L); Right-of-way for South Federal Highway, then farther east are developed condominiums classified High Density Residential (HDR) and zoned Multi-family Residential (R-3); and Developed residential classified Local Retail Commercial (LRC) and zoned Community Commercial (C-3). Southwest is classified Mixed Use (MX) and zoned Mixed Use - Light (MU-L). Dunkin Donuts / Baskin Robbins - COUS 04-001 Page 2 Memorandum No, PZ 04-075 B~CKGROUND Mr. Ron Uphoff, agent, is seeking conditional use / major site plan modification approval for a fast-food restaurant with a drive-through facility. The applicant proposes to demolish the existing 1,550 square foot donut shop and replace it with a one-story 2,192 square foot building with a drive-through window. According to the traffic impact analysis, the exisUng restaurant generates 769 average daily trips. The proposed building with the drive-through facility would generate :1.,277 new average daily trips. The Palm Beach County Traffic Division approved the project for traffic concurrency purposes. A fast-food restaurant is a permitted use in the C-3 zoning district but the drive-through feature requires conditional use approval (see Exhibit "D" - .]ustification). The drive-through facility would be located on the south building facade and would require one drive-through lane, running the entire length of the west facade. If approved, the construction of the new building and drive-through facility as well as all other site improvements would occur in one (1) phase. STANDARDS FOR EVALUATTNG CONDI"I/0NAL USES AND ANALy$1'S Section 11.2.D of the Land Development Regulations contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Division's evaluaUon of the application as it pertains to each of the standards. The Community Redevelopment Agency Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon the conditions including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make wdtten findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The survey shows that there are two (2) existing curb cuts along South federal Highway. The width of the entrance and exits would be slightly modified in order to comply with current regulations and design standards. The northernmost curb cut would allow for both vehicular ingress and egress while the southernmost curb cut would only allow for vehicular egress. Both points would allow for right-turn only egress. A pedestrian walkway five ($) feet/n width would connect the front entrance of the building to the sidewalk along South Federal Highway. Off-street parking and loading areas where required, with particular attenUon to the items in subsection above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. Required parking for a restaurant use is based on the fo/lowing methodologies: one (1) space per two and one-half (2.$) seats or one (1) space per 100 square feet of gross floor area, whichever is more stringent. In this case, the required parking is tabulated on the proposed building area (2,192 square feet) rather than the number of seats (20 seats). The site p/an (sheet SP1) shows that 22 parking spaces Dunkin Donuts / Baskin Robbins - COUS 04-001 Page 3 Memorandum No. PZ 04-075 are required and 22 spaces are provided. One space/s designated for handicap use. This handicap space would be situated in the most appropriate on-site location, closest to the building's front entrance. 3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above. The survey does not show an ex/sting dumpster enclosure/ocab'on. However, as shown on the site p/an (sheet SP1), the dumpster enclosure is proposed at the southwest corner of the property. City bucks would enter the site at the northernmost entrance, proceed westward, eventually circulating around the building, and then travel due south. This would result/n a direct in-l/ne aocess to the enclosure. The depth of the travel lane behind the dumpster is sufficient enough for the trucks to back up and maneuver away from the site. Staff does not ant/c/pate interference from the truck,~ and the use of the loading zone. The dumpster /ocab'on /s pos/boned in such a way as to facilitate the efficient removal of trash. Utilities, with reference to locations, availability, and compatibility. Cons/stent with Comprehensive Plan po/lc/es and city regulations, all utilities, induding potable water and sanitary sewer are available for this project. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. The proposed pervious or "green" area is 3,510 square feet or 18.7% of the total site. The landscape p/an (sheet LP2 of 3) shows that ail landscape buffers would comply w/th code requirements. The front (east) landscape buffer would be seven (7) feet in width and contain a Live Oak and four (,t) Purple Glory trees. The buffer would also have a row of Silver Buttonwood hedges and various /ow-growing groundcover p/ants. A Podocarpus shade tree is currently located w/thin the southern landscape buffer. The landscape plan proposes to remove this tree from/ts current location, oeate new par/q'ng spaces in its p/ace, and then relocate the tree to the front landscape buffer. A/though this transplantation would be allowed by code, staff recommends preserving the tree in its current location and creaEng the parallel spaces on either s/de of the tree. The applicant agrees that this can be aocomp/ished and promises to preserve the tree in/ts current/ocab'on by designing a landscaped/s/and around the tree while st///being able to create the three (3) para/lei parking spaces along the south property//ne. These mod/l?cab'ons to the plans can occur at the b'me of permitting. If successful in preserving the tree, staff a/so recommends adding a cluster of palm trees to the portion of the front landscape buffer where the Podocarpus was originally proposed for relocation (see Exhibit "C"- Conditions of Approval). The south landscape buffer would be at/east two and one-half (2-1/2) feet wide. It would contain the Podocarpus and Live Oak shade trees. A conb'nuous row of Redtip Cocoplum and Silver Buttonwood hedges are proposed within this buffer. The Sliver Buttonwood hedges would be installed at 36 inches/n height (rather than the m/n/mum of 24 inches/n height)/n order to further screen vehicles using the drive-through window from South Federal Highway. The landscape p/an (sheet LP2 of 2) shows that the west landscape buffer would be five (5) feet in width. This landscape buffer would separate the subject property, which /s zoned commercial, from a non- conforming res/dent/a/use to the west. The code requires a buffer wa//only when a commerda/ d/strict abuts a res/dent/a/d/strict. In this case, no buffer wa//would be required by code because the property to the west/s zoned commercial However, as previously mentioned, the proposed project would generate add/bona/vehicular traffic. Offida//y and under the Oty's traffic concurrency guidelines, the local roads would be able to accommodate the additional trips (generated by the expansion and drive- through facility), but as a practica/matter, without the wa//, this auto-intensive use could have a negative impact on the non-conforming residential use directly to the west and the future m/xed-use project to the Dunkin Donuts / Baskin Robbins - COUS 04-001 Page 4 Memorandum No. PZ 04-075 south and southwest, which permits a residential component. Therefore, for these reasons, staff recommends incorporating a six (5) foot high buffer wa//into the design of the west landscape buffer. Also, as normally associated w/th buffer wa#s, staff further recommends installing a row of Redtip Cocop/um hedges on the outs/de of the wa//(see Exhibit "C"- Conditions of Approval). At the t/me of permitting, the developer would be required to submit plans that show the buffer wa//within the west landscape buffer. The landscape p/an a/so shows that five (5) Dahoon Holly trees are proposed within this landscape buffer as we//. The shade trees should be rep/aced w/th palm trees since the landscape buffer co/nc/des with a five ($) foot w/de utility easement (see Exhibit "C"- Conditions of Approval). The wa//would provide a iow-to-mid/eve/barrier while the canopy of the palm trees would provide an upper- /eve/barrier. The north landscape buffer would be s/mi/ar to the south landscape buffer in that it would be t~vo and one-half (2-1/2) feet in width and contain a row of Redtip Cocop/um hedges and seven (7) Silver Buttonwood trees. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compaUbility and harmony with adjacent and nearby properties. This conditional use application proposes two (2) internally lit wa//signs for the new Dunkin Donuts / Baskin Robbins donut shop. The elevation (Sheet A2) shows that both signs are proposed on the front (east) facade, facing South Federal Highway. The "Dunk/n Donuts" wa//sign proposed above the Bask/n Robb/ns sign, would be 16. 79 square feet in area. The "Baskin Robb/ns" wa//sign would be slightly larger at 25.47 square feet in area. Collective/y, both signs would be 42 square feet in area. This would comply with Chapter 2i, Article 1V, Section 3. C. of the Land Development Regulations. The monument sign detail as shown on sheet SP2 indicates that the freestanding monument sign would be seven (7) feet- six (5) inches in height and be located 10 feet away from the front property line. The detail shows that the sign would be internally/it and be 42 square feet in area. The base of the monument sign shall be painted the same color and one of the building's colors (see Exhibit "C"- Conditions of Approval). The photometric plan (sheet IPCPl d382A) illustrates the proposed lighting levels for the subject site, It shows that lighting levels would not spill onto the adjacent properties or create excessive glare or lighting levels. 7. Required setbacks and other open spaces. The proposed building, awnings, and drive-through lane would meet all setback requirements of the C-3 zoning d/strict. No open spaces are being dim/n/shed as a result of the drive-through lane. 8. General compatibility with adjacent property and other property in the zoning district. In genera/, the proposed use is compatible with the commercial uses along South Federal Highway and the C-3 zoning d/strict. There would be m/n/ma/on-site impact and no adverse effects would occur from the drive-through facility. According to the applicant, "it wi//serve the high density and medium density res/dent/a/properties to the east and west s/des we//at the same time providing the necessary buffering and screening. Height of building and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole. 500 $C_. Dunkin Donuts / Baskin Robbins - COUS 04-001 Page 5 Memorandum No. PZ 04-075 The max/mum allowable building height/n the C-3 zoning d/strict/s 45 feet. The proposed building height (17.5 feet), measured at the top of the parapet wa//would comply with code. The top of the monolith would be 21 feet/n height. The height would be compatible in comparison w/th the neighboring commercial properb'es. 10. Economic effects on adjacent and nearby properties, and the city as a whole. The new building would be modern and updated compared w/th the ex/sting structure, The drive-through fac/IlO/would constitute additional conven/ence and choice for the C/O/ res/dents, The City is witnessing a new generation of fast-food restaurants focusing on inexpensive products and morning peak-hour traffic. This new strategy and marketing ploy among donut shops/s to create a dffve-through feature and offer additional convenience to mom/rig and afternoon commuters, 11. Conformance to the standards and requirements, which apply to site, plans, as set forth in Chapter 19, Article II of the City of Boynton Beach Code of Ordinances. (Part III Chapter 4 Site Plan Review). With incorporation of staff comments, the proposed project would comply with ail requirements of applicable sections of c/O/ code. 12. Compliance with, and abatement of nuisances and hazards in accordance with the performance standards within Section 4.N. of the Land Development Regulations, Chapter 2; also, conformance to the City of Boynton Beach noise Control Ordinance. Staff recommends that the audio component of the menu board (related to the drive-through facility) should project its sound in any direct/on other than west so as to not create a potential disturbance to the residential neighborhood (see Exhibit "C"- Conditions of Approval). With incorporation of ail condib'ons and staff recommendations contained here/n, the proposed fast-food restaurant w/th the drive-through faci/io/ would operate in a manner that is/n comp/lance with the above-referenced codes and ordinances of the City of Boynton Beach. RECOMMENDAT~'ON [t should be noted that while the intent of the Federal Highway Corridor Redevelopment Plan discourages auto-intensive uses such as this drive-through facility, nothing in the Land Development Regulations would necessarily prohibit or justify recommending denial of this simple redevelopment project at this time. Therefore, based on the discussions contained herein, compliance with development regulations, and consistency with the Comprehensive Plan, staff recommends that this request for conditional use be approved subject to satisfying all conditions of approval as contained in Exhibit "C" - Conditions of Approval. Furthermore, pursuant to Chapter 2 - Zoning, Section 11.2 Conditional Uses, a time limit is to be set within which the proposed project is to be developed. Staff recommends that a period of one (1) year be allowed to initiate this project. S:~Ianning~SHARED\WP'~uROJECT$',Dunkin Donuts-Baskin Robbins'xCOU$ 04-001LStaff Report.doc 1 in. = 100.0 feet 00.02. 0180 0090 401 0010 C-1 0170 0111 0121 0130 oo~ 0021 0030 5090 MX-L R-3 LOCATION MAP DUNKIN DONUTS EXHIBIT "A" EXHIBIT "B" EXHIBIT "B" lIII !ti ~,,m'i' ~ ~ !t, ~ii~i l!ill EXHIBIT'"B" IlI I : l iSP2 ~"~ I1 i~ '-6" EXHIBIT "B" PLItI~R. INSP[(II~ ..... ~ sou'rH FEDER,',L H~H~AY ~t~r · _ ~ '~ BOYNTON BEACH FLORIDA ~,,..~..~,~,,.~,, " z 0 z o '13 c EXHIBIT '"B" I'A3 13Il SOUTH FEDERAL BOYNTON BEACH FLORIDA EXHIBIT "C" Conditions of Approval Project name: Dunkin Donuts/Baskin Robbins File number: COUS 04-001 Reference: 2nd review plans identified as a Conditional Use with a March 23, 2004 Department date stamp marking. Planning and Zoning DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None PUBLIC WORKS - Traffic Comments: 1. At the time of permitting, provide additional information on the plans regarding the locations of the turn lanes on Federal Hwy. in front of Dunkin Donuts. ENGINEERING DIVISION Comments: 2. All comments requiring changes and/or corrections to the plans shall be reflected on all appropriate sheets. 3. Permit(s) from the Florida DOT will be required for any work within the Federal Hwy. right-of-way. 4. Full drainage plans, including drainage calculations, in accordance with the LDR, Chapter 6, Article IV, Section 5 of the Land Development Regulations will be required at the time of permitting. 5. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. UTILITIES Comments: 6. Provide a Utility plan showing the location of water and sanitary sewer service laterals. 7. All utility easements shall be shown on the site plan and landscape plans (as well as the Water and Sewer Plans) so that we may determine which appurtenances, trees or shrubbery may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. COA 04/06/04 2 DEPARTMENTS INCLUDE REJECT Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the £oreseeable future. The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities the authority to remove any trees that inter£ere with utility services, either in utility easements or public rights-of-way 8. Fire flow calculations will be required demonstrating the City Code requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b)). 9. A building permit £or this project shall not be issued until this Department has approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 10. Utility construction details will not be reviewed for construction acceptability at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction permit application. FIRE Comments: None POLICE Comments: None BUILDING DIVISION Comments: 1 I. Buildings, structures (such as light poles), and parts thereof shall be designed to withstand the minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 12. At time of permit review, submit signed and sealed working drawings of the proposed construction. 13. Identify within the site data the finish floor elevation (lowest floor elevation) that is proposed for the building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the site COA 04/06/04 3 DEPARTMENTS INCLUDE REJECT data that address the following issues: · The design professional-of-record for the project shall add the following text to the site data. "The proposed finish floor elevation NGVD is above the highest 100-year base flood elevation applicable to the building site, as determined by the SFWMD's surface water management construction development regulations." · From the FIRM map, identify in the site data the title of the flood zone that the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans; · Identify the floor elevation that the design professional has established for the building within the footprint of the building that is shown on the drawings titled site plan, floor plan and paving/ drainage (civil plans).~ 14. A water-use permit from SFWMD is required for an irrigation system that utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 15. If capital facility fees (water and sewer) are paid in advance to the City of Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: · The full name of the project as it appears on the Development Order and the Commission-approved site plan; · The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 16. Pursuant to approval by the City Commission and all other outside agencies, the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as hsted in the development order and approved by the City Commission. 17. The full address of the project shall be submitted with the construction documents at the time of permit application submittal. If the project is multi- family, then all addresses for the particular building type shall be submitted. 18. Please note that changes or revisions to these plans may generate additional comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the commission and at permit review. COA 04/06/04 4 DEPARTMENTS INCLUDE REJECT 19. Department of Business and Professional Regulation shall review and approve the plans prior to submittal for a building permit. 20. The outdoor freestanding lighting poles shall be designed to withstand 140- m.p.h, wind-load capacity (Section 1606, Florida Buildin~ Code). PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: 21. If possible, staff recommends preserving the existing Podocarpus tree, which is currently located along the southern property line. This would involve incorporating a landscaped island around the tree and reconfiguring the parallel parking spaces and outdoor freestanding hghting fixture around the landscaped island. A modified landscape plan would be required at the time of permitting. Also, staff recommends adding a cluster of palm trees to the portion of the front landscape buffer where the Podocarpus tree was originally proposed for relocation. PLANNING AND ZONING Comments: 22. Staff recommends that a period of one (1) year be allowed to initiate this project (obtain a building permit). 23. Install clusters of palm trees (preferably native) rather than shade trees within the remaining portion of the west landscape buffer. 24. On the elevation "exterior finish materal schedule" on sheet A2, correctly identify the following color: E~S-3: SW #6385 Dover White (white). 25. On the landscape plan, ensure that the plant quantities must match between the tabular data and the graphic illustration. 26. The base of the freestanding monument sign shall be painted the same color as one of the building's colors. 27. At the time of permitting, provide a detail of the proposed internally lit menu board. It must comply with Chapter 21, Article IV, Section 2.D. of the Land Development Regulations. 6oo 0 28. Staff recommends that the audio component of the menu board (related to the drive-through facihty) should project its sound in any direction other than COA 04~7~4 5 DEPARTMENTS INCLUDE REJECT west so as to not create a potential disturbance to the residential neighborhood 29. Staff recommends incorporating a b.uffer wall into the design of the west landscape buffer because the subject property abuts an existing non- conforming residential use. The wall shall be at least six (6) feet in height, stucco, and painted on both sides (Chapter 2, Section 4.L.). The row of Redtip Cocoplum shall be planted on the outside of the buffer wall. This can be accomplished at the time of permitting. All plans must match this modification. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: 30. To be determined. ADDITIONAL CITY COMMISSION COMMENTS: Comments: 31. To be determined. MWR/elj S:\Planning\SHARED\WP\PROJECTS\Dunkin Donuts-Baskin Robbins\COUS 04-001\3RD REVIEW COMMENTS.doc TO: RONALD L UPHOFF PLANNER INSPECTOR 4483-D WILLOW POND ROAD WEST PALM BEACH FLORIDA 334t7 MARCH 6, 2OO4 THE PLANNING & ZONING DIVISION, CITY OF BOYNTON BEACH, 100 E BOYNTON BEACH BOULEVARD. P.O.BOX 310 BOYNTON BEACH FLORIDA 33425-0310 EXHIBIT "D" r RE: PROPOSED SITE PLAN FOR DUNKIN DONUTS 1317 S FEDERAL HIGHWAY- ,BOYNTON BEACH- CONDITIONAL USE JUSTIFCATION A- PROJECT OVERVIEW: The overall purpose and intent of this request to demolish and replace the existing Dunkin Donuts building located at 1317 South Federal Highway. It is based on two primary reasons: 1) The existing Dunkin Donuts store is over thirty years old, undergone several improvements, and is currently nearing the end of its life cycle. So that any further improvements would be economically meaningless and would not resolve the problems created by changing demographics and different customer needs over the past years. 2) Due to changing demographics resulting in a different traffic pattern and customer needs have generated the need, more than ever, for a drive thru, pick up window. Business, over the years, has transformed from a traditional' sit down 'coffee shop to a 'take out' high volume coffee shop. Currently approximately sixty percent of the overall business is "take out". The approval of this request will better serve the welfare safety and the general health of the community now and into the future B-JUSTIFICATION: 1) Current site parking and access configuration creates congestion, conflicting traffic flow and virtually no pedestrian circulation, which is an endangerment to the safety of the customers, visiting the store, and general public travelling along Federal Highway. The proposed site plan will alleviate these problems by providing direct pedestrian access from the public side walk on Federal Highway, improve traffic flow and circulation significantly by allowing a two way traffic on the north side, but at the same time allowing full access around the entire building by providing a by pass lane. It will also alleviate the congestion currently caused by 'take out" customers who have currently to park their vehicles for pick up of their orders, by providing a drive thru pick up window. It will also allow easier and quicker pick up of refuse collection, with separate ingress and egress, currently unavailable and additionally full access and circulation to emergency vehicles around the entire building. 2) The proposed improvements will provide improved buffering to the West Side of the property, by a providing a 6' high solid concrete wall and 4' high hedge. To adjacent properties to the north and south by adding landscaping to soften the noise and activity within the site. The site lighting is shielded on both the west and south property lines to minimize glare and over spill at nighttime. Improvements will add a loading area, currently unavailable, better landscaping, improved night · EXHIBIT "D time lighting, better shielding and buffering to adjacent properties resulting in a new facility that will be suited to serve the community better and at the same time promoting the welfare, safety and general health of the community at large. 3) 4) 5) 6) 7) Proposed location and configuration of refuse containment will provide safer and quicker refuse collection. Enclosure, along with proposed landscaping, will shield the refuse container. (Currently there is no enclosure). It is also proposed to use the dumpster access lane also as a loading zone. Although this may raise concerns, typically deliveries occur between 12.00 midnight to 2.00 am whereas refuse pick up is between 6 and 7 am twice a week, and is expected to take only a few minutes with the proposed configuration. Also customer traffic is minimal at this time, and proposed north entrance will allow both ingress and egress for this particular reason, should both the by pass lane and the drive thru lane be blocked at the same time, customers may exit through the north entrance. Specifically parking spaces on the south side, of the building, will be designated for the exclusive use of employees only thereby ensudng free access for customers to the building at all times. Currently all the utilities, required for the proposed improvement, including water, sewer, electricity and natural gas are existing, and should be adequate for the proposed improvements. Proposed landscaping, a vast improvement from what is existing will provide better screening buffering, appearance and soften the activity within the site from adjacent properties. The proposed landscaping will comply with the city's latest standards. Irrigation, currently non- existent, will also be provided. Proposed signage will comply with current city codes. Signage will only be provided on the west side of the building, facing federal highway, thereby shielding the south and north properties. A monument sign on the north east comer of the property will replace the current non-compliant pylon sign. Overall square footage will be less than the maximum allowed by the city sign code. The proposed signage will minimize the impact on the adjacent properties. The proposed set backs exceed the minimum required by the c'r~y's codes and additional landscaping along Federal Highway, currently non-existent, will be provided. 8) The proposed use will remain unchanged from its current use. Use is consistent with the current and future zoning designations for the site (Community Commercial- C3) and use of Local Retain Commercial (LRC) and also with the properties located to the north and south. It will serve the high density and medium densities residential properties to the east and west sides well at the same time providing the necessary buffering and screening. 9) The proposed height of 21 feet ,measured at the highest point of the monolith, is well below the code allowed height of 45', thereby providing a building that is in harmony with the adjacent buildings 10) The proposed improvements will benefit the community and the city in providing a better and renewed economic stature and tax revenue base. We believe the proposed improvements are consistent with the city's redevelopment plans for this distdct and changing demographics. 11) The proposed improvements are in compliance with the city's standards as set forth in Chapter 4 of the Land Development Regulations. 12) The proposed improvements are in full compliance with the city's Noise Control Ordinance specifically chapter 15, section 15.8 of the Boynton Beach Code of Ordinances. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Dunkin Donuts / Baskin Robbins APPLICANT'S AGENT: Mr. Ron L. Uphoff APPLICANT'S ADDRESS: 4483-D Willow Pond Road West Palm Beach, FL 33417 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 20, 2003 TYPE OF RELIEF SOUGHT: Request conditional use / major site plan modification approval for the construction of a 2,192 square foot fast-food restaurant with a drive- through facility on a 0.43-acre parcel in the C-3 zoning district. LOCATION OF PROPERTY: 1317 South Federal Highway DRAWING(S): SEE EXHIBIT "b" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. Other DATED: $:",PIanning',SHARED\WP'~PROJECTS'xDunkin Donuts-Baskin Robbins\COUS 04~001~DO.doc City Clerk TO: THROUGH: FROM: DATE: SUB.1ECT: DEVELOPMENT DEPARTMENT PLANNI'NG AND ZON]:NG DI'V]:S[ON MEMORANDUM NO. 04-077 Chairman and Members Community Redevelopment Agency Michael W. Rumpf~'y~Z''' Planning and Zoning Director Maxime Ducoste-Am~d~e Planner March 26, 2004 Coastal Bay Colony (SPTE 04-002) Site Plan Time Extension NATURE OF REQUEST Carlos Ballb~, agent for property owner, Southern Homes of Palm Beach is requesting a one-year time extension, of the site plan approval originally granted on February 18, 2003. The subject property, zoned IPUD, is an irregularly-shaped parcel comprised of multiple lots totaling 4.34 acres. As indicated on the survey, the site fronts on both Golf Road and Federal Highway. If approved, the request would extend the expiration date of this site plan approval, including concurrency certification, from February 18, 2004 to February 18, 2005 (see Exhibit "A"- Location Map). BACKGROUND On February 18, 2003, the City Commission granted site plan approval for the Coastal Bay Colony project; a development consisting of 64 fee simple townhouse units in 12 separate buildings on a 4.34-acre parcel (see Exhibit "B" - Site Plan). The plan also includes a recreation area with a clubhouse and pool. The number of units within each building varies from three (3) to eight (8) units. The buildings will be two (2) and three (3) stories high and include two (2) and three (3) bedroom units. The approval was subject to staff comments and included concurrency certification for all applicable levels of service. As of this date, a new plat of the property has been submitted and is under review in the Engineering Department. It should be forwarded for the City Commission consideration in April 2004. A building permit was applied for and issued in error (after project expiration); however, the applicant has been informed by the Building Division that no work can occur until final re-plat approval. ANALYSIS According to Chapter 4, Sec. 5 of the Land Development Regulations," the applicant shall have one year to secure a building permit from the development department." It states further that the City Commission may extend the approval for one year provided the applicant has filed a request for a time extension prior to the expiration of the original approval. In this case, the applicant has met the Memorandum No 04-077 Coastal Bay Colony SPTE 04-002 Page 2 requirement. The Planning and Zoning Division received the application for a site plan time extension, on February 3rd, 2004, prior to the expiration date. The purpose of the time limitation is to maintain approved projects in accordance with current development regulations, to free-up infrastructure capacity for active or new development applications, and to expire projects that are not proceeding in good faith. Staff also contacted the Palm Beach County Traffic Engineering Division to verify that traffic concurrency approval is still valid for the project. The original approval letter was dated ,lanuary 22, 2003 assuming a "Build-out Year" of 2003. According to the Palm Beach County Traffic Engineering Division, since this project is located within the County Coastal Residential Exception areas, the project still meets the Traffic Performance Standards of Palm Beach County. Regarding water and sewer capacity, the applicant has reserved capacity with the Utilities Department for the project. The reservation of capacity locks in the capacity needed for a specific development for a year at a time. Currently, the reservation of capacity is valid until April 28, 2004. Lastly, no applicable new regulations have been adopted since project approval, against which this project should be reviewed. One informal criterion that staff methodically utilizes in the evaluation of a request for time extensions is the applicants' demonstration or willingness to complete the project in "good faith". The reason given for this time extension request is related to obtaining approval and recordation of a new plat. The applicant has demonstrated willingness, since several permits are ready to be issued once the new plat is approved. The Land Development Regulations allow for one time extension and in most cases that is adequate. RECOMMENDATION Therefore, staff recommends that this request for a one-year time extension of site plan and concurrency approval be granted, which would extend project approval from February 18, 2004 to February 18, 2005. All conditions of approval that were required by the iniUal development order must still be satisfactorily addressed during the building permit process. ]:f additional conditions of approval are required by the Board or City Commission for the approval of this request, said conditions will be included on the attached Exhibit "C" - Conditions of Approval. Staff would not support a second extension, if so requested, due to the upcoming rewrite of the Land Development Regulations and particularly because of the Notice of Intent related to Staff's re- evaluation of the ]~nfill Planned Unit Development zoning district. S:\Plannlng\SHARED\WP\PROIECTS\Southern Homes of Palm Beach\Coastal Bay Colony\SPTE 04-002\Staff Report. doc Location Map COASTAL BAY COLONY EXHIBIT "a" R3 REC i '1 COAS. TAL.,o,....~,..~. · BAY"cOLoNY. EXHIBIT "C" Conditions of Approval Project name: Coastal Bay Colony File number: SPTE 04-002 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: None ~'700q ~- ^DDITIO~ COMmmITY REDEVELOPMENT AGENCY BOAR~ CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:XPlanning\SHARED\WP~PROJECTS\Southern Homes of Palm Beach\Coastal Bay Colony\SPTE 04-002\COA.doc S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Coastal Bay Colony APPLICANT'S AGENT: Carlos Ballb6 APPLICANT'S ADDRESS: 2201 West Prospect Road, Suite 100, Fort Lauderdale, FL 33309 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 20, 2004 TYPE OF RELIEF SOUGHT: Site Plan Time Extension LOCATION OF PROPERTY: Southwest corner of Federal Highway and SE 23rd Avenue intersection DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant ~ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5, This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Southern Homes of Palm Beach\Coastal Bay Colony\SPTE 04- 002\DO.doc VIII. Old Business 5033 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 wb_ich 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 reouest. Memo To: From: Date: Re: CRA Board Susan Vielhauer February 24, 2004 Consideration of Fagade 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 CRA Board has been given renderings of the building improvements and site plan, which includes the parking lot. The roof will be the Ocean Blue identified in the color chart and the building will be Slate Gray, Regal White, and Surrey Beige. The owners have the parking improvements as the proposed match for the Fagade Grant Funding. The property owners received three bids for the proposed parking lot, curbing, and drive areas. They have received three quotes: Triple Nickel, Ralex Group, Inc. and Pipedream Engineering of which they have selected Triple Nickel. Their resubmitted application is complete and qualifies for program consideration by the CRA Board. Staff is recommending the approval of Delray Boynton Academy Fa~;ade Grant for $15,000.00 with an applicant match of $44,426.50. The Budget line item Fagade Grants has funds to accommodate the grant request. 5034 2002/Z003 FACADE IMPROVEMENTS GRANT PROGRAM APPLICATION FORM Boyn~n Beach Community Redevelopment Agency Maximum Grant Amount is $15,000.00 (Please P~int O~' Type Only - Uso Adciitional Sheet~ If Ne©essay) APPLICANT INFROMATION Name of Property Owner: Address of Property Owner':. Phone # Day: .~',f' '~ }~- -' ~j~'g S~' Evening: Legal owners and legal description of the property to be improved (please attach copy of warranty deed and lease, If applicable): If Different from Property Owner Name of Business: .~ Address of Business. City/State: . Phone # Day: Years of Operation: ,r Number of Employees: ~_' Annual Payroll: Number of Employees residing in Boynton Beach: 2. Ooyntol~ Beach Community Redevelopment 5035 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 eacl~. Proposals for "work to b~ completed" or "bids" are not considered proper documentation. Each item wiJl be supported by a canceled ~;h~ck showir~l the face of the check, es well es 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 "during" photos. The IReimburserne[,t Request from the Applicant .~hall be submitted no later than the 15th 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. 5. Grantees shall grant the CHA and/or tl3e City of Boy,13~ use of photos and project application mate~~ Witness ~--I:~p~.. rty Owner n Beach the r'i~ll'fLs and Wi~ess (Date) Tenant/Business Owner (Date) CRA Director (Date) 5036  2002/2003 FA(~ADE IMPROVEMENTS GRANT PROGRAM PROGRAM AGREEMENT Boyrtton Beach Community Redevelopment Agency PROGRAM REGULATIONS The Applicant ~gr~.s not to alter, renovate, or demolish the new facade for three years, commencing at the time final inspection by the CRA is completed. If violated by the applicant, the CRA may choose to require grant fund repayment, enforced by property lien. The CRA will consider approval of grants for exterior improvemonts to a building which does not face a recognized street. The exterior rear of a building facing an alley way will also be considered. A minimum of three (3) inspections by 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 scrteclule inspections wlt~ the CRA and City. These inspections in no way are substitutes for required City inspections and coml311ances. The property owner, or tenant if applir.~hlR, 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 if applicable, losing the grant reimbucsement opportunity. The Board may consider time extensions, REIMBURSEMENT REGULATIONS t. This program is designed as a reimbursement grant. That is, ali work must be done and paid for by the Applicant, prior to the CRA's funds being released. The CRA wilt provide reimbursement to the grantee upon submittal of a complete Reimbursement Request and approval of completion by the CRA Board, $037 2. Reimbursement Request shall be summarized tn a report and accompanied by proper documentation. Proper documentation witl consist of (1) Project Boyntor~ Beaet~ Community Recl®velooment Acaencv PROGRAM GUIDELINES The following gu{~le/ines ~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 ex'~ernai appearance of their business and to encourage busJrlesses to invest in their operations. The result will halt deterioration, stabilize property values, improve and upgrade appearance of the area, and facilitate and encourage redevelopment activity in the target area. The following guidelines are applicable I.o this program: 1 The program is available only for property located within the Community Revitalization Areas of the Boynton Beach Community Redevelopment Agermy (CRA). Note-. See ~ttached Facade Grant Area Map. The program is for commercial properties and businesses. The property owner must be the applicant. However, If the property is ourrently leased tO a tenant, then the Application and Agreement must be jointly executed by both the owner and the tenanL 3. Eligible exterioi improYemonte for this program include: Painting. Shutters. - Signage (located 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. Ex'tedor wall repairs (e.g. stucco, brick or wood repairs and replacement). · ADA Improvements. All work ~ be in compliance, with apl~licable Boynton Beach Building Codes and all contractors ~ be licensed in Boynton Beact3/Palrn Beech County, If fha Applicant(s), installs enhanced landacaping and or signage it must be in accordance with City Ordinance No. 98-43, 5. Maximum Grant amounts: The CRA will provide, pn ~roirnbu_mement _basis, a dollar for dollar matching grant for eligible fa~;ade improvements up to a total of fifteen tt~ousand dol~am ($15,000.00) of CRA funds. 5038 6. The Fa~:ade ~rant pro,ram wit~ honor expendrtures comt3~eted up to 90 days prior to application, improvements underway and proposed gaoynton Beach Comrnur~ity ~edeveiopm~n~ ^geac¥ Fall:ado Gra?t P_ r?grarn improvements. The Facade Grant program may only he used one time in any three year period 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 owflem may receive gr~nts for multiple property locations. Applicants shall be limited to one grant per CPA budget year (October 1 ~ to September 30th). 5039 Beach Community NeclevelopH~nt Agency I=at--~eln ~mnt Prooram APPLICATION PROCESS An applicant seeking a project grant may secure an application from the Boynton Beach Community Redevelopment Agency (CPA) located at 639 E. Ocean Ave., Suite 107, Boynton Beach. 561-737-3255 An original application and eight (B) copies of all materials are to be returned ~:o the B(~yn[on 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 bhe necessary steps to insure that their subm~ed application is properly time stamped to document receipt by the CRA. Upon approval, appropriate grant pm.qram documents will be prepared in the CRA Attorney's office and the applicant will be notified of approval by r~tum mail. The CRA will administer the commer~al exterior recede program, in addlfien to the appropriate City inspections; the CRA will inspect the work to determine satisfactory completion of the work. Applicants may not have any outstanding City of Boynton Beach liens against their property. In the event that an Applicant has an outstanding City of 8oynton Deaoh ~ien against the pmper~y, the grant will not be awarded until the complete satisfaction of the lien. Applicant shall obtain, read and uncierstaml ail ~mspects 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 ~r the CFtc, Board. 5040 Boymon Beach Community Re0eveloprnent Agency Facade Gra~t Program PROJECT iNFORMATION Describe improvements to be done ~o tho property. Alla~h the following Items; Project work write, up(s) describing in detail the scope of the project, Plans or sketches if applicable, Site plan and plant list for landscape projects, Third-party coat estimates from three (3) licensed uontractom, Estimated time line, Evidence of financial ability to pay/or the project (approved loan, ce.~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 DOlors & materials proposed if applicable, Project color chips / material samples if applicable, And material ei:,~cif'mations. Applicable documents must be attached for the Application to be processed. By signing this Appticat{on, I acknowledge that I have~-aporec~ived d read a copy of the Program Agreement, and t undemtand andagree (Pro~ert~ ow'ner'.~ ~ig~eture must h~ nofadzed) Witne~ (Date) TenanffBusiness Owner (Date) 5041 CRA Director (Date) Boynton Beach Community Redevelopment Agency STATE OF FLORIDA, COUNTY OF PALM BEACH BEFORE ME, an officer duly authorfzed by law to administer oaths ancl take acknowledgements, producec~ 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 hav~ set my hand and nfficial seat in 'the State and NOTARY PUBL!C ~_._.~_ ~ 5041 Boynton Beach Community Redevclopmen( Agency Facade Grant Program PROJHcT WR~TF..Up 5042 DELRAY-BOYNTON ACADEMY PROJECT DESCRIPTION Delray-Boynton Academy has been approved for a school on the southeast corner of Martin Luther King Blvd. and Railroad. We are seeking a grant to match our efforts towards creating our structure in compliance with the Boynton Beach's Community Redevelopment Agency vision. One of our aims is to form a bond with the Boynton Beach Community by emphasizing its strengths, 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 proud of their community, they become the pride of their community. By participating in the Fagade Improvements Grants Program, Boynton-Delray Academy is not only helping its students and their families feel proud of their surroundings, but also helping unite the community as a whole. Delray-Boynton Academy is requesting $15,000 in match funding to complete the parking lot. The project includes site preparation, paving, sidewalks, and curbing. 5O43 PLANS AND SKETCHES 5044 THREE COST ESTIMATES 5045 PHONE NO. : Dec, 10 2883 11:42RM Pi ASP}IALT pAVING. INC. Mm*g~ ItL 33~3 (954) 971~984 ~54) 977~20: f~ NAME / ADDRESS Advaaced Modular Structures 1911 N.W. Iith Street Pompano Beach, FL. 33069 (954) 960-1550 or 800-771-6969 (954) 960-0747: fax Attn: Marry We hereby submit an estimate for: BOYN'TON/I:;)ELRAY ACADEMY: SITE PREP: -Degrub approx. 735 Cubic Yards. -Site Grading / Re~tion & BuiMing Pad. -Demo "F" Curb approx 100 L/F. -Saw cut Railroad Ave, -Demo Y Asphalt. SUBBASE CITY SIDEWALK: -Stal~qi~ied Subbase approx, i90 Sq. Yds. -Instal[CRy Sidewalk approx. 1710 Sq.Ft -Install 6" Drive ,oncr~e approx. 280 Sq. Ft. 4 FDOT 302. SITE SIDEWALK: -Install Sidewalk approx. 1250 Sq. Ft. ME,OD OF TRANSPORTATION: -Method of Traffic m per plan. '*iWe-her~l~y pr~po~c to furnish labor and matarials-complete in accordance wi~ th~ e]oove s~flcatiom. All mat~-dal is 8uat~ to be a~ sl~cdfiad. All w~rk m 1~ ~ompl~l ;n a wortonantike manner ae, ordlng to standard pra~cos. ArO~ alt~ratim or deviation from atmve ~peelfleatlons involving exlra costs, will be exceout~ only upon w~tt, en ordem, and will become an ~xlxa eha~ ov~ aad above the estima~e~ Al1 agreements ~th~g~t upon strikes,, accidents, or d~lay~ b,yond our control. This proposal subjeot to ac.c.~tano~ within 90 da~ and is void thereal~ at the oCdon of thc und~igne~ authorized signature. QTY 735 100 190 1,710 250 1~50 PROPOSA 12/9/2003 [ 5001 TERM$ Duc on receipt COST 7,50 3,500.00 I0.00 400.00 600.00 5.00 5.00: 6.001 5.00 1,500.00 TOTAL TOTAL 5,512.50 3,500.00 1,000.00 4OO.O0 600.00 950.00 8,550.00 1,500.00 6,250.00 1,500.00 Authorized Signature: 5046 Aooep~ance of Propoaai ... Page 1 PHONE NO. : Dec. 10 2003 11:42~H P2 NAME / ADDRESS Advanced Modular Structures I9I 1 N.W. 15th Street Pompano Beach, FL. 33069 (954) 960-1550 or g00-771-6969 (954) 960-0747: ~,x Arm: Marry ASPHALT PAVING. INC. 6O09 ~ 1st Street Mar~, FL 33063 (954) 971-0984 (954) 977-0420: fax PROPOSAL DATE PROPOSAL # 12/9/2003 5001 TERMS Due on receipt We hereby submit an estimate for: VALLEY GUTTER -In.qtall Valley C. mtter ~ NE I 1 th Ave approx_ 100 L/F & R ~{lroad Ave approx. 30 L/F. ASPHALT PARKING LOT APPROX 690 SQ,YDS.: -Install 12" LBR 40. -lmstall g" Lime Rock B~se. -Asphalt pave 1 1/2" type S-III hot mix asphalt. "D" CURBING: -Install approx_ 281 Sq. Ft. of"D" Curb. DROP OFF PROW: -Pavement type Boy,ton approx, 70 Sq. Ft. -Thereto Plastic. hereby propose to furnish labor and mat~rials-mmplete in accordance with the iibOve · l:~'ffieations. All material is guaro, nte,d to be as specified. All wink ~ bc rumpled in a w~mlike ~ ~rdi~ to s~d ~i~s. ~y ~tion or d~iation ~ ~vc [~fimtiona i~ol~ c~ ~ will ~ ~m~d only u~n ~i~ otd~s, ~d will ~me ~ dela~ ~d our ~n~ol. ~s p~d auhJe~ ~ .~ ~n ~ ~ ~d ia void ther~er COST TOTAL TOTAL QTY 690 690 690 281 3,000.0O 0.00 5.00 10.00 8.00 14.00 2,000.00 1,000.00 3,000.00 3,450.00 6,900.00 5,520.00 3,934.00 2,000.00 1,000.00 Authorized Signature: 5O47 Acceptance of Proposal ... Page 2 NAME / ADDRESS Adv~ced Modular Structures ! 911 N,W. 15th Street Pompano Be, ach, FL, 33069 (954) 960-I550 or 800-771-6969 .(954) 960-0747: fax Attn: Marry PHONE NO. : ASPHALT PAVING. INC. 60O9 NW 1st Street MarKate, FL 33063 (954) 971-0984 (954) 977-0420: fax We hereby submit an estimate for: ieNS,s & STar, ss: - Install (2) Entrance Only. -tm ¢) Handi cap Sigr -Paint (1) Handi Cap Space. -Paint (1) Handi Cap Walkway. -Install (2) Stop w/Do Not Enter. -Install (16) Carstops. -Palm (15) Spaces w/Layout. -Paint (2) Arrows. PROW: -Install (2) Do Not Enter. -Imtaa (3) One way, -Install (2) No Parking Loading Zone. Dec. 18 2883 11:43~M P3 Exclndes: Permits, Permit fees, As-bu/lts, Certified asbuilts, Survgying, Dewatering, Dust Comro[, Tapping Fees, Impact Fees, Meter Fees, Taps, Proctors, Sidewalk Replacement, Patchwork, Sod, Landscape Repair, Demity Testing or Any Unm~ked Underground Damages. ;*We hereby propoao to furnish labor and matedals.qx~rnpleta in ~(-~¢~ dance with thc above specifimfior~. All m~ is ~ m be ~ s~fi~ ~1 w~k ~ ~ ~plet~ in a ~~ m~ a~ to l~d~d ~s. ~ ~ ~ ~ ~m ~v~ de~ ~d our ~1. ~s pm~al ~bje~ w ~~ wi~in 90 days and i$ ~td ~ iho op~on of~¢ ~dmi~ed au~ori~ d~. PROPOSAl DATE I PROPOSAL: 12/9/2003 5001 TERMS Due on receipt 2 1 l 1 2 16 2 COST 250.00 250.00 35.00 35.00 350,00 20.00: 350.00 35.00 250,00 200.00 250.00 TOTAL 500.00 250.00 35.00 35.00 700.00 320.00 350.00 70.00 500.00 600.00 500.00 TOTAL $59,426.50 Autbor~ed Signature: 5048' Aooeptance of Propooal .., Page 3 12/14/03 Contractor: Advanced 'Modular Structures Attn: Marry Madura Job: Boynton-Delray AcJademy Subject: Preliminary Site Budget Site Clearing & Earthwork Clearing- 690 cu yds Sub-Grade- 715 sq yds Building Pad- 8400sf Limerock- 715 sq yds Asphalt- 685 sq yds Concrete & Demo Demolition Sidewalks- 2900sf Gutter and Curb- 1271f valley/2851f-dcurb Concrete Drives- 270sf MOT Striping Signs and striping per drawings Total budget cost: $61,212.50 General Notes This price valid for 60 days Permit NOT Included Densities, layout, and as-builts by others Ali quantities will be field measured for final payment 5O49 $25,712.50 $28~000.00 s12'oo.oo $6,300.00 !. PIPEDREAM ENGINEERING 7921 SW 176~ ST, Miami FL PH: (954)275-3416 December 17, 2003 To: Advanced Modular Structures, Inc. Re: Delray Boynton Academy Plans by Greenhorne And O'Mara dated Oct 2003 Here is the budget as requested: Earthwork, Strip and Grub 780 cu yds Building Pad L/S Retention L/S Asohalt 12" Subgrade 700sy 8" Limerock 700sy 11/2" Asphalt S3 700sy Demolition Remove F curb L/S Remove Asphalt L/S Saw Cut L/S Concrete Valley Gutter 1341f Type D Curb 2751f Sidewalk 1230sf Offsite sidewalk 1710sf Concrete Drive 280sf MOT L/S Strinina and Sianaae Handicap sign/logo lea Handicap stripes lea Wheel Stops 16ea Parking Stripes 1Sea Entrance only 2ea Stop/Do Not Enter 2ea Directional Arrows 2ea Thermoplastic US Total $10,012.50 $17,370.00 $2,500.00 $26,184.00 $1500.00 $7,000.00 $64,566,50 505O Not Included: Permits, bonds, density reports, as builts, layout, restoration, de-watering, and all city or county fees. Paving area figured to be close to grade. Final pdcing and contract will be provided upon approved plans by the municipality. FINANCIAL ABILITY TO PAY 5051 Borrower: PROMISSORY NOTE Delray-Boynton Academy, Inc. 900 North Seacrest Boulevard Baynton Beach, FL 33436 Lender: NOB Development Corporation 1726 Eye Street, NW Suite 600 Washington, DC 20006 Principal Amount: $500,000.00 Initial Rata: 6.000% Data of Note: February 12, 2(~ PROMISE TO PAY. Delray-Boynton Academy, Inc. ("Borrower") promises to pay to NCB Development Corporation I"Lander"), or order, In let money of the United States of America, the principal amount of Five Hundred Thousand & 00/100 Dollars {$B00,000.00), together with inta on the unpaid principal balance from February 12, 2004, until paid In full. PAYMENTi Subject to any payment changes resulting from changes in the Index, Borrower will pay this loan In accordance with the follow payment schedule: From the date of the first (1st) advance of the the Loan proceeds through and Including the Conversion Data, the Loan shall bear interesl a floating rate of interest equal to the base rate of Interest established by National Consumer Cooperative Bank d/b/a Nation,si Cooperat Bank plus one percent (1%) par annum, adjusted monthly. The Base Rate shall mean the Base Rate of interest established by Natio Cooperative Bank from tlme to time for its commercial loan facilities, whether such base rate of interest is publicly or privately announcl 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 (I month following the Conversion Date (the "In{tie{ Adjustment Date"} end on the fifth (Bth) anniversary of the Conversion Date {t "Subsequent Adjustment Date ".), the interest rate on the loan shall be adjusted to be equal to the "Adjusted Rate", The Adjusted Rets the Initial Adjustment Date shall be two and three-quarters percent {2.75%) In excess of the current weekly average yleld for United Stat Treasury Seburlties having five (6i year maturities as published on the last business day prior to the Initial Adjustment Date and ti Subsequent Adjustment Date, respectively, as published in document H.R. lB {$19) published by the Board of Governqr~ of the Fader Reserve System and entitled "Federal Reserve Statistical Release", or Its successor publication; said to ba rounded up to the nears one-eighth ef one percent (1/8%l. 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 end Including the Conversion date, accrued and unpaid Interest only she be payable in arrears, in successive monthly ~nstallments, on the first (1st) day of each month. From and after the Conversion Date, th Loan shall have a one hundred twenty month (120) month term arid shall be repaid in successive monthly installments of.principal an interest pursuant to a fifteen (16} year amortization schedule which are payable an the first {1st) day of each month commencing on th first (1st) calendar month following the Initial Adjustment Date and each'Subsequent Adjustment Date and continuing on the first [1st) da' of the first (2nd) month follow{ag the Conversion Date end continuing on the first {let) day of each and every calendar month theraefte until the Maturity Date, The monthly payment amount Is subject to adjustment on the first (1st) day of the first (1st) calendar montl following the Initial Adjustment and each Subsequent Adjustment Date, so that following the Initial Adjustment and each Subsequen' Adjustment Date, the then outstanding principal balance of this Note (after application of any monthly payment cf principal and {steres1 due on the Jnl'tlal Adjustment Date end each subsequent Adjustment Date) will be amortized over the remainder of the ter~n 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 end 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. In{erest on this Note Is computed on a 36B/36B 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 aa 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 {s sat by Lender in its sole discretion. If the Index becomes unavailable during the term of this Joan, Lender may designate a substitute index after notifying Borrower. Lender .w/Il tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each month, effective on the first da,/ c~f each month, based upon NCB's Commercial Lean Base Rate in effect on the last business da,/ 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 0.12B percent, re~,ultlng 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, {C) increase the number of Borrower's payments, and iD) continue Borrower's payments at the same amount and increase borrower's final payment. PREPAYMENT. Borrower may pay without penalty all or a pdrtlon of the amount owed earlier than it is due. Early payments wit not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obtigation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due end 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 c~mrnun)cations concerning disputed amounts, including any check or other iEee/meat 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 Corparatian, 1725 Eye Street, NW, Suite 600, Washington, DC 20006. LATE CHARGE. If a payment is 15 days or more late, Borrower will ba charged 5.000% of the unpaid portion of the regularly scheduled Payment. 5052 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 th~ r-n.~i .... rate permitted by ~ppiicable !aw. PROMISSORY NOTE -Loan Nb: 3~51535 (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 ir any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreemen between Lender and Sorrower. Default in Favor of Third Parties. Borrower or any Grantor defaults under any {gan, extension of credit, security agreement, purchase 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 Sorrower or on Borrower's behalf under this Note or the related documents ia 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 Sorrower makes a general assignment for the benefit of Borrower's creditors, or Sorrower files for bankruptcy, or an involuntary bankruptcy petition is filed against Borrower and such involuntary petition remains undismissed for sixty (60) days. Creditor or Forfeiture 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 a. ny 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 Sorrower 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 cf 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 Even'[ 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 [s curable and if Sorrower 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 land 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 rsasopabla and necessary steps sufficient to produce compl'iance 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 s lawsuit, including without limitation legal expenses for bankruptcy proceedings. GOVERNING LAW. This Note will be governed by, construed and enforced ~n 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 t~25.00 if Borrower makes a payment on Borrower's.loan and the check or preauthorized charge with which Borrower pays is later dishonored. RIGHT OF SETOFF, To the extent permitted by applicable law, Lander reserves a right ofsetoffin alJBorrower'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 doss 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 Jaw, 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 LITtGATION REGARDING FINANC)AL TRANSACTIONS AND THE ~MPORTANCE 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 V~iTHOU'J' A JURY. PROCESS SERVlCI.-'. 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. Neither this Agreement nor any of the Related Documents is intended to create any relationship between ia) Lender and lb) Borrower or any Grantor or Guarantor, except as specifically stated herein or in the Rotated 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. 5053 VENUE, JURISDICTION, AND CHOICE OF LAW RULES. All parties hereto agree that, at the option of the Lender, al', litigation regarding any matter arising her~,~under shall be in the local or federal courts located in the District of Columbia, and all parties hereto hereby waive any defense of inconvs,nient forum. As used herein, "the Jaws of the District of Columbia" means the internal laws thereof, excluding its choice of law. DELAYED FUNDING. If thn ~ntir PROMISSORY NOTE · ., Loan Ro: 3751 535 (Continued) Pa scheduled payment date, then the Lender, at its option, may do one or more of the following: {a) postpone all or pert of any or a~l o: scheduled payment{s), including the final paymsnt; lb) incrsass the amount of Borrower's payment(s) to cover the increased interest assoc with the postponement of any payment(s), (and (c) increase the amount of Borrower's payment(s) so that the Loan will pay off without char 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 Tw (12) months, such default may be cured (and no Eveht of Default will be deemed to have occurred) if-Sorrower (Grantor); [a) in the case failur~ to make any payment on the indebtedness when due. makes full payment of ell indebtedness due (excluding indebtedness that bec due as a result of the default) within Fifteen (15) days of such indebtedness' due date, or lb) in the case of any default other than a failur make payments when due, after acquiring actual notice or knowledge of such default or after receiving notice from Lender demanding cur such default: (i) cures the default within Fifteen I15) days; or {ii) if ~the cure requires more than Fifteen {15) days, immediately initiates diligently pursues steps which the Lender deems in Lender's sola discretion to be sufficient to produce complianoe as soon as reasom practical. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Sorrower's heirs, personal, representati~ successors and aa,.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. Sorrower t any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, ~ notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this No whether as maker, guarantor, accommodation maker or endorser, shall be released from liability, All such parties agree that Lender may rent or extend Irepeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or peril Lender's security interest in the collateral; and take any other action deemed neqessery by Lender without the consent of or notice to anyor All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the patty with whom t modification is made. PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABI INTEREST RATE PROVISIONS, SORROWER 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 SEALED INSTRUMENT ACCORDING TO LAW, SORROWER: DELRAY-SOYNTON ACADEMY, INC, By: Joe Green, Executive Director of Delray-Boynton Academy, Inc. (Seal) Florida Documentary Stamp Tax Florida documontary stamp tax in the amount required by law has been paid with respect to this Note on the IVlortgage 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-Boynton Academy, Inc,, as Grantor, to NCB Development Corporation, as Mortgagee, said Note and Mortgage securing the same having been execu'red in my presence, Witness my hand end official sea( this dey of , 20 (Notarial Notary Public My Commission , expires 5054 '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 such of which Borrower agrees. Borrower understands and agrees that: {Al in granting, renewing, or extending any Loan, Lender is re[ylng upon Borrower's representations, warranties, and agroements as set forth In thls Agreement, and (Bi 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 forth in this Agreement or In any of the Related Documents, including without limitation, any limits 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 Properly 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/he 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 consummated, 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; (Al all closing costs, loan fees, and disbursements; (Bi all expenses of Lender's legal counsel; and (C) all title examination fees, title insurance premiurris, appraisal fees, survey costs, required fees, and filing and recording 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 (Al Borrower has signed the Related Documents; (Bi 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 ~oan proceeds, as of the date of any renewal, extension or modification of any Loan, and ,~t aJJ times any Indebtedness exists: Organization. Borrower is a non-profit corporation which is, and at ail times shall be, duly organized, validly existing, end in good standing under and by virtue of the laws of the State of Florida. Borrower is duly authorized to transact business in all other states in which Borrower is doing business, having obtained al( necessary filings, governmental {icenses 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 condition. Borrower has the full power and authority to own its properties and to transact the business in which it is presently engaged or present¥ proposes to engage. Borrower maintains an office at 900 North Seacrest Boulevard, Boynton Beach, 5O55 ESTIMATED TIME LINE 5056 Delray-Boynton Academy Project will be completed by August 30, 2004. 5057 PROJECT COLOR CHIPS 5058 5059 IX. New Business 5060 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 reasonablv MEMO TO: Board of Directors FROM: Susan Vielhauer SUBJECT: Consideration of Burkhardt Construction Work Order Number Six for The Boynton Beach Boulevard Design/Build Contract. DATE: January 9, 2003 Attached is Work Order Number Six for the water and sewer utilities for the Marina Village Project and Boynton Beach Extension and Promenade utilities. Work Order Number Six includes the water and sewer utilities for the Marina Village Project utility extensions, which will be fully reimbursed by the Related Group to the CRA. The amount of this pass- through work is $225,097.00. Legal Staff is in the process of drafting a contract prior to the commencement of work. The use of our contractor helps assure quality, timing, and lower construction cost for all entities. Additionally, in this work order, there are two work order options for the FPL electric utilities along Boynton Beach Boulevard and Promenade area; Under Ground verses Above Ground. The Under Ground is very ecstatically pleasing and reflects a quality project. The Related Group has indicated that they would provide the needed easements, but would not contribute to the under grounding costs. The total cost of the under grounding are $952,000.00, which covers the entire area from the tie-in location on the west side of Federal to the Intracoastal. The second option is to replace the substandard overhead poles with decorative units and keep the lines above ground. The cost for this option is $150,000.00. Staff is requesting that the CRA Board choose which option they prefer, Work Order #6 totaling $1,150,097.00 for the underground election option or Work Order #6 Alternative totaling $375,097.00 for the overhead election option. Additionally, Staff is requesting the CRA Board appoint Larry Finkelstein to sign the water and sewer agreement between the Related Group and the CRA once it is completed to our satisfaction. This will allow the project to move forward with no delays. Legal Staff has reviewed the work orders. 5061 EXHIBIT F WORK AUTHORIZATION WORK AUTHORIZATION NO. 6 CONTRACT NO. BBB 2003-1 TO: BURKHARDT CONSTRUCTION~ INC. 1400. ALABAMA AVE., SUITE #20 WEST PALM BEACH, FL 33401 DATE: 3/30/2004 BOYNTON BEACH BLVD. EXTENSION, PROJECT NAME: PROMENADE AND RIVERWALK PROJECT PROJECT NO. BBB 2003-1 Under our AGREEMENT dated June 26, 2003. You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the AGREEMENT: ;'FOR THE (Additive) (Deductive) Sum of: ($1,150,097.00). Original Agreement Amount Sum of Previous Work Authorizations This Work Authorization (Add) (Deduct) Present Agreement Amount ONE MILLION ONE HUNDRED FIFTY THOUSAND NINETY SEVEN $115,800 $4~567,458.45 $1,150,097.00 $5,833,355.45 The time for completion shall be (increased/decreased) by XXXX (XXX) calendar days due to this Work Authorization. Accordingly, the Contract Time is now XXXX (XXX) calendar days and the final completion date is XXXXXXXXXXX. Your acceptance of this Work Authorization shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions in our Agreement indicated above, as fully as if the same were repeated in this acceptance. 5062 The adjustment, if any, to this Agreement shall constitute a full and final settlement of any and all claims arising out of or related to the change set forth herein, including claims for impact and delay costs. The Contract Administrator has directed the Contractor to increase the penal sum of the existing Performance and Payment Bonds or to obtain additional bonds on the basis of a $25,000.00 or greater value Work Authorization, Check if applicable and provide written confirmation from the bonding company/agent (attorney-in-fact) that the amount of the Performance and Payment bonds have been adjusted to 100% of the new contract amount. Accepted: By: By: Owner 5063 From: To: Project: Engineer: Plans: Boynton Beach Blvd Extension Water/ Sewer Utilities Proposal (FOR MARINA VILLAGE PROJECT) Updated through March 3, 2004 Burkhardt Construction, Inc, 1400 Alabama Ave. #20 West Palm Beach, FI. 33401 Att: Dennis E. Haynes Tel: (561) 659-1400 Fa~ (561) 659-1402 Boynton Beach Comm unity Redevelopment Agency 639 East Ocean Ave., Suite #107 Boynton Beach, FL. 33435 Att: Douglas Hutchinson, Director Tel: 737 - 3256 Fa,,c 737 - 3258 C.R.A. Project # 2003-1 Utility Improvements for Reiated Group in BB Blvd RAN Boynton Beach Blvd. Utility Work KJmley - Horn And Associates, Inc. 4431 Embarcadero Drive West Palm Beach, FI. 334070 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, 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, 16.1, 16.2, t6.3, 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 By Tiera, Dated Nov. 20, 2003 Item Description Quantity Unit Price Amount Mobilization/General Conditions 1 Total Includes All Of The Following; Permitting Layout & As-Built Drawings Supervision & Project Manager Standard Insurance Overhead Pen'ormance & Payment Bond Tasting Costs Aerial Progress Phtos 1 LS ILS 1 LS ILS ILS 1 LS 1 LS 1 LS $ 8,800.00 $8,800.00 Maintenance of Traffic 1 Maintenance Of Traffic 1 LS $ 6,500.00 $6,500.00 5064 Grading Unsuitable Subsoil Removal Replacement Sanlta~ Sewer Manhole 12'.14' Manhole Drop 12'-14' Tie into ex~sting manhole 24" C-900 6" C-900 24" Manhole Adapters Clean out 6" Water Main 12" DIP CL 350 8" DIP CL 350 6" DIP CL 350 4" DiP CL 350 12" Gate Valve 8" Gate Valve 6" Gate Valve 12x12Tee 12 x 8 Tee 12x6Tee 12 x 6 Reducer 12 x45 degree bend 12 x 90 degree bend 4 x 45 degree bend 4 x 90 degree bend 8 x 2 Tapped Cap 6 x 2 Tapped Cap 4 x 2 Tapped Cap Siamese Connection Sample Points Relocate Hydrant EMS Marker Water Subgrade & Base & Asphalt Asphalt Roadway Patching Surface Treatment Precast Roadway Pa~r Repair Franchise Utilities Undergrounding of FPL overhead lines ILS $ 12,000.00 2 EA $9,180.00 I EA $9,360.00 1 EA $6,000.00 194 LF $183.00 55 LF $29.00 6 EA $600.00 1 EA $360.00 1026 LF $57.5O 100 LF $47.5O 115 LF $45.00 6O LF $48.OO 3 EA $1,750.00 1 EA $1,100.00 9 EA $875.00 3 EA $950.00 3 EA $900.00 3 EA $875.00 3 EA $450.00 6 EA $535.0O 1 EA $825.00 I EA $450.00 2 EA $450.00 3 EA $455.00 3 EA $425.00 1 EA $410.00 1 EA $1,035.00 5 EA $425.00 1 EA $1,920.00 35 EA $35.00 390 LF $ 7.00 1 LS $ 10,000.00 IL$ $925,000.00 Total Contract Value $12,000.00 $74,777.00 $16,360.00 $9,360.00 $6,000.00 $35,502.00 $1,595.00 $3,6O0.00 $360.00 $t 10,290.00 $58,995.00 $4,750.00 $5,175.00 $2,880.00 $5,250.00 $1,100.00 $7,675.00 $2,850.00 $2,700.00 $2,625.00 $1,350.00 $3,210.00 $825.00 $450.00 sgo0.00 $1,365.00 $1,275.00 $410.00 $1,035.00 $2,125.00 $1,920.00 $1,225.00 $2,730.00 $10,000.00 $925,000.00 $1,150,097.00 5O65 ......... BBE WATE PJ:S EWER-S FIE ET-2-O F-2 EXHIBIT F WORK AUTHORIZATION WORK AUTHORIZATION NO. 6 ALT. CONTRACT NO. BBB 2003-1 TO: BURKHARDT CONSTRUCTION, INC. 1400 ALABAMA AVE., SUITE #20 WEST PALM BEACH, FL 33401 DATE: 3/30/2004 BOYNTON BEACH BLVD. EXTENSION, PROJECT NAME: PROMENADE AND RIVERWALK PROJECT. PROJECT NO. BBB 2003-1 Under our AGREEMENT dated June 26,2003. You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the AGREEMENT: THREE HUNDRED SEVENTY FIVE THOUSAND NINETY SEVEN $115,800 $4,567,458.45 $375,097.00 $5,058,355.45 FOR THE (Additive) (Deductive) Sum of: ($375,097.00). Original Agreement Amount Sum of Previous Work Authorizations This Work Authorization (Add) (Deduct) Present Agreement Amount The time for completion shall be (increased/decreased) by XXXX (XXX) calendar days due to this Work Authorization. Accordingly, the Contract Time is now XXXX (XXX) calendar days and the final completion date is XXXXXXXXXXX. Your acceptance of this Work Authorization shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions in our Agreement indicated above, as fully as ,,,,o acceptance. The adjustment, if any, to this Agreement shall constitute a full and final settlement of any and all claims arising out of or related to the change set forth herein, including claims for impact and delay costs. The Contract Administrator has directed the Contractor to increase the penal sum of the existing Performance and Payment Bonds or to obtain additional bonds on the basis of a $25,000.00 or greater value Work Authorization. Check if applicable and provide written confirmation from the bonding company/agent (attorney-in-fact) that the amount of the Performance and Payment bonds have been adjusted to 100% of the new contract amount. Accepted:~04 ~ / By: Co~ntr tor~/,.- By: Owner From To: Project: Engineer: Plans: Boynton Beach Blvd Extension Water/ Sewer Utilities Proposal (FOR MARINA VILLAGE PROJECT) Updated through March 3, 2004 Burkhardt Construction, Inc. 1400 Alabama Ave. #~20 West Palm Beach, FI. 33401 Att: Dennis E. Haynes Tel: (561) 659-1400 Fa~ (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 Fa,,c 737 - 3258 C.R.A. Project # 2003-1 Utility Improvements for Related Group in BB Blvd R/W Boynton Beach Blvd. Utility Work Kimley - Horn And Associates, Inc. 4431 Embarcadero Drive West Palm Beach, Fi. 334070 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, 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.% 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, 1721, 17.2, 18.1, 18.2, 18.3, 18.4, 18.5, 18.6, 18.7, 18.8 Dated 02/06/04 Geotachnlcal Engineering Services Report By Tiara, Dated Nov. 20, 2003 Item Deacrlptlon Quantity Unit Price Amount Moblllzatlonl General Conditions I Total Includes All Of The Follow{rig; Permitting Layout & As-Built Drawings Supervision & Project Manager Standard Insurance Overhead Performance & Payment Bond Testing Costs Aerial Progress Phtos 1LS 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS $ 8,800.00 $8,800.00 Maintenance of Traffic Maintenance Of Traffic ILS $ 6,500.00 $6,800.00 5o Lg'c- BBE WATER/SEWER gHl=l:T ~ n~ ~ Grading Unsuitable Subsoil Removal Replacement Sanitary Sewer Manhole 12'-t4' Manhole Drop 12'-14' Tie into e;dsting manhole 24" C-900 8" C-900 24" Manhole Adapters Clean out 6" Water Main 12" DIP CL 35O 8" DIP CL 350 6" DIP CL 35O 4" DIP CL 35O 12" Gate VaJve 8" Gate Valve 6" Gate Valve 12x 12 Tee 12x8Tee 12 x6 Tee 12 x 6 Reducer 12 x 45 degree bend 12 x 90 degree bend 4 x 45 degree bend 4 x 90 degree bend 8 x 2 Tapped Cap 6 x 2 Tapped Cap 4 x 2 Tapped Cap Siamese Connection Sample Points Relocate Hydrant EMS Marker Water Subgrade & Base & Asphalt Asphalt Roadway Patching Surface Treatment Precast Roadway Paver Repair Franchise Utilities FPL lines on concrete poles BLVD FPL lines on concrete poles PROMENADE 1 LS $ 12,000.00 2 EA $9,180.00 1 EA $9,360.00 1 EA $5,000.00 194 LF $183.00 55 LF $29.OO 6 EA $600.00 1 EA $360.00 1026 LF $57.50 100 LF $47.50 115 LF $45.00 60 LF $48.00 3 EA $1,750.00 1 EA $1,100.00 9 EA $875.00 3 EA $950.00 3 EA sg00.00 3 EA $875.00 3 EA $450.00 6 EA $535.00 1 EA $825.00 1 EA $450.00 2 EA $450.00 3 EA $455.00 3 EA $425.00 1 EA $410.00 1 EA $1,035.00 5 EA $425.00 1 EA $1,920.00 35 EA $35.00 39O LF $ 7.00 1 L$ $ 10,000.00 Utility Work Subtotal 1 LS $75,000.00 1 LS $75,000.00 FPL Undergroundlng Subtotal $12,000.00 $74,777,00 $18,360.00 $9,350.00 $6,000.00 $35,502.00 $1,595.00 $3,600.00 $380.00 $1 t 0,290.00 $58,995.00 $4,750.00 $5,175.00 $2,880.00 $5,250.00 $1,100.00 $7,875.00 $2,850.00 $2,700.00 $2,525.00 $1,350.00 $3,210.00 $825.00 $450.00 $900.00 $1,365.00 $1,275.00 $410.00 $1,035.00 $2,125.00 $1 ,g20.00 $1,225.00 $2,730.00 $10,000.00 $225,097.00 $150,000.00 $75,000.00 $75,000.00 $150,000,00 Total Contract Value $375,097.00 BBE WATER/SEWER SHEET 2 OF 2 MEMO TO.' FROM: SUBJECT: DATE: CRA Board Douglas C Hutchinson Consideration of Task Authorization No. CRA 03-02 'Proposed Scope of Work, Relocation Services. April 1, 2004 At the CRA Board meeting on November 11,2003, the CRA approved the acquisition of 30 parcels for Phase One of the Heart of Boynton. The CRA Board approved The Urban Group as our agent on this project with Dale Sugerman coordinating the efforts and a budget of $134,746.65. Furthermore, the issue of whether the CRA would acquire properties according to HUD requirements was posed to the CRA Boardl After further investigation into the HUD requirements, the CRA Board approved the purchase of the properties according to HUD guidelines. Pursuant to the CRA Board direction on this matter, The Urban Group has presented the scope of work and price proposal for fees by each type of displacement for the relocation process. The next step will be a needs assessment to determine each type of relocation needed, which will determine the number of relocations needed. Therefore, the total estimated cost for relocation services and needs assessment are an additional $230,953.93, which may increase or decrease based upon the needs assessment. 5066 This proposal identifies milestones, which allow for partial payments of per unit fees. The estimated total for the acquisition and relocation fees is $365,700.58 to TUG for Phase I. Please note these are not relocation costs paid to the property owners. Those costs are not known at this time. Staff is recommending the approval of the relocation services and needs assessment. The contract for the purchase of real property is attached for the CRA Board approval. 5067 March 23, 2004 Mr. Dale S. Sugerman Assistant City Manager The City of Boynton Beach 124 East Woolbright Road Boynton Beach, Florida 33435 RE: Task Authorization No. CRA03-02 Proposed Scope of Work, Relocation Services Dear Mr. Sugerman: Pursuant to the Boynton Beach Community Redevelopment Agency action to implement Uniform Relocation Act guidelines for the Heart of Boynton Beach Project, enclosed please find The Urban Group's scope of work and price proposal. Please note the proposal provides unit fees by each type of relocation. Each type is then multiplied by the estimated number of relocations we expect to encounter. This has been structured in the event the number of relocations vary. Lastly, our proposals normally identify milestones, which will allow for partial payments of the unit fee. We propose the same with Relocation, however we would like to walk through the process with the CRA/City to determine when these milestones should occur. Should you wish to discuss this assignment further you may reach me at (888) 522-6226, extension 112. Sincerely, THE URBAN GROUP, INC. Jim Nardi Vice President CC~ Barry S. Lazarus, The Urban Group, Inc. 5068 The Urban Group, Inc. · 1424 South Andrews Avenue · Suite 200 · Fort Lauderdale, Florida 33316 TELEPHONE 954-522-6226 · FAX 954-522-6422 March 23, 2004 Boynton Beach CRA Relocation Services Hourly Basis for Unit Rates Needs Assessment Survey and Cost Estimate: Senior Agent $90.09 Agent $82.19 Secretarial/Clerical $42.67 Fee for Survey and Estimate 10 $900.90 100 $8,219.00 12 $512.04 122 $9,631.94 This report is utilized during the planning and scheduling of relocation activities by TUG staffand CRA management. The document indicates the anticipated needs of both businesses and residents. It includes an inventory of household relocation needs, a review of needs versus resources, an inventory of available residential and commercial replacement sites, a listing of community services, and the identification of last resort housing needs and solutions. Type of Displacement Residential Hourly Rate Number of Hours Total Administrator $134.34 X 8 Senior Agent $90.09 20 Agent $82.19 67 Secretarial/Clerical $42.67 25 Fee for Residential Displacement 120 $1,074.72 $1,801.80 $5,506.73 $1,066.75 $9,45O.OO 8 $75,600.00 Business Hourly Rate Number of Hours Total Administrator $134.34 Senior Agent $90.09 Agent $82.19 Secretarial/Clerical $42.67 Rate for Business Displacement 8 = $1,074.72 24 $2,162.16 72 $5,917.68 26 $1,109.42 130 $10,263.98 9 $92,375.82 Hourly Rate Sign/Personal Property Administrator $134.34 Senior Agent $90.09 Agent $82.19 Secretarial/Clerical $42.67 Fee for Sign/Personal Property Displacement X Number of Hours Total 4 = $537.36 10 $900.90 37 $3,041.03 14 $597.38 65 $5,076.67 1 $5,076.67 Hourly Rate Landlord Business Administrator $134.34 Senior Agent $90.09 Agent $82.19 Secretarial/Clerical $42.67 Fee for Landlord Business Displacement Number of Hours Total 4 = $537.36 10 $900.90 35 $2,876.65 12 $512.04 61 $4,826.95 Relocation Services Needs Assessment 10 $48,269.50 $221,321.99 $9,631.94 $230,953.93 residences businesses signs landlords 5069 VIA FACSIMILE . Dale-~. Sugerman ,~ssistCnt City Manager The City of Boynton Beach 124 East Woolbright Road Boynton Beach, Florida 33435 RE: Task Authorization No. CRA03-02 Acquisition Services APR 0 1 200, BOYNTON BI=ACH UTILITIES Dear Mr. Sugerman: Pursuant to our conversation yesterday attached please find the quotation for appraisals for the Heart of Boynton project. Howard Steinholz has reviewed firms and is in the process of obtaining a proposal for a review appraiser. He will send the quote to you directly. Should you wish to discuss this assignment further you may reach me at (888) 522-6226, extension 127. Sincerely, Jim Narc ¢ ' Pmjec~Manager cc: Howard Steinholz, The Urban Group, Inc. Barry S. Lazarus, The Urban Group, Inc. My pro, Please a4 Sincerely March 30, 2004 Mr. Dale S. Sugerman Assistant City Manager The City of Boynton Beach 124 East Woolbright Road Boynton Beach, Florida 3343,5 RE: Task Authorization No. CRA03-02 Acquisition Services Dear Mr. Sugerman: VIA FACSIMILE APR 0 1 2004 BOYNTON BEACH UTILITIES Pursuant to our conversation yesterday attached please find the quotation for appraisals for the Heart of Boynton project. Howard Steinholz has reviewed firms and is in the process of obtaining a proposal for a review appraiser. He will send the quote to you directly. Should you wish to discuss this assignment further you may reach me at (888) 522-6226, extension 127. Sincerely, TH/E~R~ GROUP,,INC/,/ Project/Manager Howard Steinholz, The Urban Group, Inc. Barry S. Lazarus, The Urban Group, Inc. CC: FLORIDA COASTAL APPRAISAL SERVICES Real Estate Appraisers and Consultants 2101 South Andrews Avenue · Suite 205 · Fort Lauderdale, FL 33316 954-779-3298 · 954-779-3395 (fax) March 16, 2004 Mr. Jim Nardi The Urban Group 1424 South Andrews Avenue Fort Lauderdale, FL 33316 Faxed Letter: 954-522-6422 (Original mailed) Boynton Beach CRA Appraisal Proposal Dear Mr. Nardi: Please accept this as my proposal to provide complete summary appraisals on the thirty (30), parcels on the attached list. Due to the intended use of these reports, they will be narrative reports with sufficient analytical and descriptive support. Delivery of two (2), original reports for each property within 90 days of notice to proceed from you or your office. Partial delivery to be as reports are completed. Timing of payment preferred as percentage of reports completed. You may request a "priority order of completion" if desired. 7 Improved commercial 13 Vacant land parcels 2 Improved Churches 8 SFR My proposed fee is $36,500.00. please advise. Sincerely, D. Craig Keneipp I look forward to hearing from you. If you have any questions, RELOCATI'ON SCOPE OF SERVI'CES cTrY OF BOYNTON BEACH COMMUNI'TY REDEVELOPMENT AGENCY The Scope of Services outlines the process required to relocate a residence, business, personal property or sign from the area acquired by the Boynton Beach CRA. The activities itemized in this Scope ensure that the requirements of the Uniform Relocation Assistance and Real Property Polides Act are met and that the residents and businesses of Boynton Beach will receive fair and equal treatment. The process also allows advance planning on the part of the acquiring agency. The scope of work includes the following: A. l~l~naoement Related Tasks 1. Monthly project status meeting with the CRA 2. Review for quality assurance 3. Monitoring and coordination of benefit presentation process 4. Review and approval of RHP and move processes 5. Invoice management 6. Creation of reports, forms, notices and brochures a. Survey Questionnaire (residential and business) b. Project Status Report spreadsheet c. General Information Notice (brochure - residential and business) d. Notice of Eligibility e. 90-Day Letter of Assurance f. Replacement Housing Payment Calculation form g. Statement of Benefits form h. Inventory form i. Move Cost Estimate form j. Move Cost Claim form k. Replacement Housing Payment (RHP) Claim form I. Invoice form to CRA m. Payment Acknowledgement form n. Search Expense Log o. Contact Report form p. Quality Assurance forms q. Other forms as required 1 5070 Relocation Scope 03/04-1 Bm Production, Service, and Technical-Related Tasks Surveys and Cost Estimates - This phase is to be completed before acquisition of real property occurs. It involves gathering and analyzing data as it pertains to potential displacees within CRA boundaries. Potential displacees are interviewed and questionnaire forms completed. The following tasks are performed: Conduct a personal interview with all potential displacees Determine residential relocation needs including household size and special needs Determine business relocation needs Analyze data to prepare a cost estimate for the relocation portion of the project Preparation of Project Status Report Project Status Report- This report is updated on an on-going basis. It is used to coordinate acquisiUon, relocation and property management activities, providing a framework for scheduling and quality control. Needs Assessment Survey Report- This report is utilized during the planning and scheduling of relocation activities by TUG staff and CRA management. The document indicates the anticipated needs of both business and residential displacements. The report contains the following: a. inventory of household relocation needs b. review of needs versus resources c. inventory of available residential and commercial real estate d. listing of available community services, schools, transportation, banking services, mortgage lenders e. identification of last resort housing needs f. list of possible methods for providing last resort housing Delivery of Notice of Eliqibility and General Information Notice - The scope involves presentation of relocation program benefits. Each notice is hand delivered to displaced persons and businesses within reasonable travel distance unless the displacee refuses delivery of notice, or the displacee requests that notice be provided to their designated representative. 2 5071 Relocation Scope 03/04-1 The following tasks are performed: Appraisal report review Delivery of Notice of Eligibility and General [nformation Brochure to each displaced person or business Explanation of relocation benefits available on a case-by-case basis a. Move costs b. Reestablishment and search expense reimbursement for businesses c. Purchase additive and incidental expenses for residential owners d. Rent supplement and down-payment supplement for residential tenants Explanation of advisory services available Maintenance of records files Delivery of 90-day Letter of Assurance Delivery of written 90-Day Letter of Assurance and explanation of notice. In the case of residential displacements, the RHP is computed and approved prior to delivery of 90-day letter. Replacement Housincj Payment Calculation and Delivery, Move Cost Estimate - This task involves preparation of all documentation relating to the preparation of the RHP and Statement of Benefits, and/or securing of move cost estimates. a) Calculation of the Replacement Housing Payment requires the following: b) Secure income information from tenants Secure rent and utility cost documentation from tenants Secure mortgage information from owners Verify occupancy status, size of family, age, disability status Research available housing for sale and for rent Inspect comparable units Calculate payment Approval of RHP Delivery of the Replacement Housing Payment requires the following: Delivery of a Statement of Benefits that provides a written statement of the dollar amount available to a residenUal displacee along with the 90-day Letter of Assurance. 3 5072 Relocation Scope 03/04-1 c) A complete and concise explanation of all applicable benefits and requirements Move Cost Estimates: Prepare an inventory of personal property Obtain and review move cost estimates Secure site surveys when required Secure specialty vendor estimates as needed Develop move cost specifications Develop move cost scope of services Meet with move vendors Perform walk-through inspection of property Move Process - This process involves the preparation and development of documentation relating to the move. This is a process in which the relocation agent communicates with the displacee, move vendors and specialty vendors. This process may involve the preparation of mulUple move cost claims. The basis for selection of multiple vendors is the complexity of the move. The following are tasks performed during the move process. Secure additional move estimates from vendors, if required Secure estimates and invoices for disconnection and reconnection of movable personal properly, if required Schedule inspections Monitor move, if required Prepare Move Cost Claims for payment Delivery of move cost reimbursement payments Obtain documentation for reestablishment and search expense reimbursement by eligible businesses Obtain documentation for fixed payment in lieu of move costs for eligible businesses Maintenance of records files Final Claim Notification - This scope involves the processing and delivery of the final warrant and notification to the displacee that benefits have been complete. Assurance and explanation interview with displacee File documentation Delivery of final payment 4 5073 Relocation Scope 03/04-1 File Retirement - This process involves the final review and closeout of the parcel file. A comprehensive, final quality assurance review is conducted to ensure all documentation is complete and all applicable displacement benefits have been awarded. The following tasks are performed during file closeout: Contact records review Parcel documents review Payment documentation review Quality assurance closeout 5074 5 Relocation Scope 03/04-1 5075 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY This Agreement for Purchase and Sale of Real Property (hereinafter the "Agreement"), is made and entered into as of the day of , 2004, by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (hereinafter referred to as "Buyer") and (hereinafter referred as "Seller"). In consideration of the mutual agreements set forth below, the parties agree as follows: 1.0 Definitions. The following terms when used in this Agreement shall have the following meanings: 1.1 Buyer. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and public, created pursuant to Chapter 163 of the Florida Statutes. 1.2 Buyer's Agent. THE URBAN GROUP, INC., a Florida Corporation authorized to negotiate this Agreement and make deposits on behalf of the Buyer 1.3 Closing. The delivery of the Deeds to Buyer concurrently with the delivery of the Purchase Price to Seller. 1.4 Closing Date. The date of the Closing as determined in accordance with Paragraph 10 below. 1.5 Deed. One (1) Statutory General Warranty Deed which shall convey the Property from Seller to Buyer. 1.6 Effective Date. The date that this Agreement is executed by the last party to sign it, party for purposes of this section only are Seller and Buyer's Agent. 1.7 Governmental Authority. Any federal, state, county, municipal or other governmental department, entity, authority, commission, board, bureau, court, agency or any instrumentality of any of them which has jurisdiction over the Property. 1.8 Governmental Requirement. Any law, enactment, statute, code, ordinance, rule, regulation, judgment, decree, writ, injunction, franchise, permit, certificate, 'license, authorization, agreement, or other direction or requirement of any Governmental Authority now existing or hereafter enacted, adopted, promulgated, entered, or issued applicable to the Property, or to any appurtenances, structure, use or facility, on or adjacent to, the Property. 1.9 Property. That certain real property located in the City of Boynton Beach, Palm Beach County, Florida, and more particularly described as parcel on Exhibit "A" attached hereto and made a part hereof, together with all improvements, property rights, easements, privileges and appurtenances thereto. 1.10 Purchase Price. The price the Buyer shall pay the Seller for the Property as more fully set forth in Paragraph 3 below. 1.11 Seller. For purposes of this Agreement, the Seller of the Property. 1.12 Title Commitment. A title insurance commitment issued by or written on the Title Company, agreeing to issue the Title Policy to Buyer upon payment of the Purchase Price and recording of the Deed and execution and recording (if applicable) of other closing documents. 1.13 Title Company. The title insurance company, licensed and authorized to conduct business in the State of Florida as selected by Buyer. 1.14 Title Policy. An ALTA Form B Owner's Title Insurance Policy in the amount of the Purchase Price, insuring Buyer's title to the Property, subject only to the Permitted Exceptions. 2.0 Deposit and Right to Close. 2.1 For good and valuable consideration of the deposit set forth below paid by Buyer to Seller, Seller hereby grants to Buyer and Buyer hereby accepts from Seller the right to purchase and acquire the Property from Seller on the terms and conditions hereinafter set forth such that the payment of the Purchase Price shall be as set forth in Section 3.0. Buyer shall place a non- refundable deposit of Dollars ($ .) with Buyer's Agent who shall tender said amount to Seller on the date this Agreement is effective. This deposit and any deposit held pursuant to Section 2.3 shall be subtracted from the total purchase price. 2.2 Buyer shall be obligated to give Seller notice within days of the Effective Date, that Buyer has elected to close in accordance with this Agreement. Whereupon, Seller shall be obligated to provide to Buyer ail prior title policies and surveys in its possession pertaining to the subject real property. 2.3 Upon exercise of the right to close, Buyer shall place a second deposit of Dollars ($__.) with Buyer's Agent. 2.4 If Buyer does not exercise this right to close within the period stated above in Paragraph 2.1, this right of the Buyer shall automatically and immediately terminate without notice and the parties shall automatically be released from further liability hereunder. In the event Buyer fails to exercise this right, Seller shall retain the deposit sum paid as stated in Section 2.1 as the sole and exclusive remedy for failure of Buyer to close. 3.0 Purchase Price. The total Purchase Price for the Property to be purchased by the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, from the Seller, is the sum of DOLLARS. The purchase shall be contingent upon the following. 5077 3.1 Buyer's receipt of an appraisal for the Property reflecting that the property has a fair market value equal to or exceeding the purchase price unless purchase is otherwise approved by the CRA Board. or before 3.2 Approval of the Agreement and right to close by the Buyer, CRA Board, on ,2004. 3.3 The Buyer's obligation to close on the Property is contingent on Buyer acquiring the parcel for the sum total of (Purchase Price). 3.4 Buyer's obligation to consummate the transaction referenced herein is contingent on the Seller conveying the real property free and clear of all liens, leases, claims and interest of third parties. 4.0 Inspections. Buyer shall have until the "closing date", to make any inspections it deems necessary. (the "Inspection Period"). During the Inspection Period, Buyer may determine that the Property has adequate services available and that all Federal, State, County and local laws, rules and regulations have been and are currently being complied with relative to the Property. This Agreement is contingent upon Buyer, at its sole cost and expense, obtaining and accepting a satisfactory Phase I Environmental Audit and an asbestos survey which may include sampling of the property. Seller consents to all sampling that may be required to complete the asbestos survey. In the event that the Phase I Environmental Audit reveals the existence or the potential existence of contamination, hazardous conditions, hazardous waste or other adverse conditions as defined by applicable Federal and State Statutes, Rules and Regulations, then Buyer shall have the right of obtaining a Phase Il Audit of the property. In the event that any inspections and any review of documents conducted by the Buyer relative to the Property during the period prior to the Closing Date prove unsatisfactory in any fashion, the Buyer, at its sole discretion, shall be entitled to terminate this Agreement by providing written notice to Seller and receive an immediate refund of any deposits made pursuant to Paragraph 2.3 only or proceed to closing as set forth. 5.0 Evidence of Title. 5.1 Delivery_ of Title Commitment. Within twenty (20) days of the Buyer's' BBCRA Board approval of the right to purchase, Buyer shall obtain a Title Commitment, at Buyer's cost, and shall deliver a copy of the Title Commitment to Seller's attorney within three (3) days of receipt of the title commitment. 5.2 Marketable Title. Seller shall convey marketable title to the Property, subject to the Permitted Exceptions. Marketable Title shall be determined according to the Title Standards adopted by authority of The Florida Bar and in accordance with law. Buyer shall have ten (10) days from the date of receiving the Title Commitment to examine same. If title is found defective, Buyer shall within ten (10) days of receiving the title commitment notify Seller in writing of any specific title defects. If Seller has not received written notice from Buyer of a title defect, Buyer shall waive any title objections, and accept the title in its existing condition. The Buyer's notice of the title defects shall include a statement of how the defects should be cured. If said 5078 defects render title unmarketable (other than encumbrances that would otherwise be paid at closing), Seller shall have fifteen (15) days from receipt of notice within which to remove said defects, providing that Seller shall not be obligated to spend more than $. or initiate litigation in order to cure or correct any noticed title defect; and if Seller is unsuccessful in removing such defects within said time, Buyer shall have the option of either accepting the title in its existing condition without a reduction of the Purchase Price, or of terminating this Agreement by sending written notice of termination to Seller within ten (10) days after being notified by Seller that Seller was unsuccessful in removing such defect(s). Upon the termination of this Agreement, neither Buyer nor Seller shall have any further rights or obligations hereunder except as provided in this Agreement. Seller agrees that if title is found to be unmarketable, Seller will use diligent efforts to correct all defects in title, within the time provided therefore, and subject to the limitations stated above. 6.0 Survey. Prior to the Closing Date, Buyer may obtain at its expense a survey (the "Survey") of the Property showing all improvements thereon prepared by a land surveyor or engineer registered and licensed in the State of Florida. The Survey shall show the legal description of the Property to be the same as Exhibit "A" attached hereto. The Buyer may require any reasonable revision to the legal description so long as any such revision does not result in Seller being required to convey any lands or rights other than those described to be within the Property described on Exhibit "A" attached hereto. Any objections must be delivered to Seller's attorney no later than the twenty (20) days prior to Closing Date. 7.0 Seller's Representation. Seller hereby represents and warrants to Buyer as of the Effective Date and as of the Closing Date as follows: 7.1 Seller's Authority. Seller has legal fight and ability to sell the Property pursuant to this Agreement. The execution and delivery of this Agreement by Seller and the consummation by Seller of the transaction contemplated by this Agreement is within Seller's capacity and all requisite action has been taken to make this Agreement valid and binding on Seller in accordance with its terms. 7.2 No Legal Bar. The execution by Seller of this Agreement and the consummation by Seller of the transaction hereby contemplated does not, and on the Closing Date will not, result in a breach of, or default under, any indenture, agreement, lease, instrument, pending guardianship, obligation or the agreement of limited partnership, limited partnership certificate or related instruments affecting the Seller, to which Seller is a party and which affects all or any portion of the Property, or to Seller's knowledge, constitutes a violation of any Governmental Requirement. 7.3 No Default. Seller is not in default under any indenture, mortgage, deed of trust, loan agreement, lease or other agreement to which Seller is a party and which affects any portion of the Property. 7.4 Title. Seller is the owner of marketable title to the Property, free and clear of all liens, encumbrances and restrictions of any kind, except the Permitted Exce>tions and encumbrances of records which will be paid at Closing. 5079 7.5 Litigation. There are no actions, suits, proceedings or investigations pending or, to the knowledge of Seller, threatened against Seller or the Property affecting any portion of the Property. 7.6 Parties in Possession. There are no parties other than Seller in possession of any portion of the Property as a lessee with the exception of , tenant at sufferance, or trespasser, hereinabove set forth in connection with the current use of the Property. Seller may allow use by others during term of this Agreement, but Property shall be vacant at time of closing. Seller shall be obligated to insure that any lease presently in effect, as of the date of this Agreement shall be terminated by providing lawful notice to the tenants and obtaining the possession of the property. 7.7 Buyer's Remedies for Seller's Misrepresentations. In the event that Buyer becomes aware prior to Closing that any of Seller's warranties or representations set forth in this Agreement are not true any time prior to Closing, and in the event Seller is unable to render any such representation or warranty true and correct as of the Closing Date, Buyer may either: (a) terminate this Agreement by written notice thereof to Seller, in which event the parties will be relieved of all further obligations hereunder; or (b) elect to close under this Agreement notwithstanding the failure of such representation and warranty, in which event the Closing shall be deemed a waiver by Buyer of the failure of such representation and warranty. 8.0 Buyer's Representations. The Buyer hereby represents and warrants to the Seller as of the Closing Date that Buyer has full and complete authority subject to laws applicable to Buyer, to purchase the Property and to comply with the terms of this Agreement, and the execution and delivery of this Agreement by Buyer and the consummation by Buyer of the transaction hereby contemplated are within Buyer's capacity and all requisite action has been taken to make this Agreement valid and binding on Buyer in accordance with its terms. 9.0 Conditions Precedent to Closing. Each of the following events or occurrences (the "Conditions Precedent") shall be a Condition Precedent to Buyer's obligation to close this transaction. If the Conditions Precedent have not been satisfied on or before the Closing Date, Seller shall have ten (10) days within which to satisfy the unsatisfactory condition and should Seller not have done so within said 10-day period, Buyer shall have the right to either (a) terminate this Agreement by giving notice thereof to Seller, whereupon Buyer and Seller shall be relieved of all further obligations under this Agreement; or (b) waive the condition and close. 9.1 Representations. The material representations and warranties made by Seller in this Agreement shall be tree and correct on the Closing Date subject to the 10-day extension provided in Paragraph 9 above. 9.2 Seller's Obligations. Seller shall have performed all covenants, agreements, and obligations and complied with all conditions required by this Agreement to be performed or complied with by Seller prior to the Closing Date. 5O8O 9.3 The Property shall be free and clear of any persons, tenants, personal property of any kind or related appurtenances on the Closing Date. In the event Seller is unable to satisfy this representation, the Buyer shall have the option to extend the closing for thirty (30) days to insure that the Property is vacant. 9.4 Seller shall make available (at Seller's office or Seller's attorney's office) to Buyer no later than twenty (20) days following the Effective Date of this Agreement, copies of all documents which Seller may have in its possession pertaining to the Property including, but not limited to, building plans, architectural plans, building permits, impact fee assessments, notices of special assessments, notices of sewer fees and water fees, unrecorded restrictive covenants, variance applications/approvals, special exception application/approvals, engineering plans, unrecorded developer agreements, environmental reports, surveys and prior title insurance policies, title commitments, and title exceptions pertaining thereto. 9.5 Seller has no actual knowledge nor has it received any written notice that there has been any discharge of hazardous material at the Property. As used herein, the term "Hazardous Material" shall mean any substance, water or material which has been determined by any state, federal or local government authority to be capable of posing a risk of injury to health, safety and property, including, but not limited to, all of those materials, wastes and substances designated as hazardous or toxic by the U. S. Environmental Protection Agency, the U. S. Department of Labor, the U.S. Department of Transportation, or any other state or local governmental agency now or hereafter authorized to regulate materials and substances in the environment (collectively "Governmental Authority(ies)"). Seller acknowledges that Buyer must rely on its Environmental reports and assessments as Seller is not aware of Property's environmental condition other than as stated above. 9.6 Seller shall continue to possess the property until closing and shall maintain the same in its present condition, reasonable wear from ordinary use excepted. Risk of loss from fire, casualty, or other liabilities not caused by the Buyer's gross negligence or intentional acts, shall be Seller's until closing. Seller shall maintain adequate insurance against loss, including extended coverage, during such period. If the property is damaged by fire or other casualty to closing, Buyer shall have the right to take the property "as is" together with insurance proceeds, if any, or receive a reduction in the purchase price of the property in an amount equal to the loss. The parties shall agree to the reduction, if any, but if the parties cannot agree upon the amount of loss, an independent appraiser/adjuster shall be selected whose determination shall be binding. The cost of the appraiser/adjuster shall be borne equally by the parties hereto. 10.0 Closing. The Closing shall occur at a mutually agreed time on or before thirty (30) days from the date this Agreement is approved by the CRA Board and shall take place at a mutually agreed upon location. 11.0 Seller's Closing Documents. At closing, Seller shall deliver the following documents ("Seller's Closing Documents") to Buyer: 5081 11.1 General Warranty Deed. The Statutory General Warranty Deed shall be duly executed and acknowledged by Seller so as to convey to Buyer good and marketable fee simple title to the Property free and clear of all liens, encumbrances and other conditions of ritle, other than the Permitted Exceptions and exceptions not duly objected to by Buyer. 11.2 Mechanic's Lien Affidavit. A mechanic's lien affidavit in the customary form, attesting that (a) no individual, entity or Governmental Authority has any claim against the Property under the applicable mechanic's lien law, (b) no individual, entity or Governmental Authority is either in possession of the Property or has a promissory interest or claim in the Property (except Buyer), and (c) no improvements to the Property have been made for which payment has not been made. 11.3 Gap Affidavit. An affidavit in form and content reasonably satisfactory to the Title Company to facilitate the insuring of the "gap", i.e., the deleting as an exception to the Title Commitment any matters appearing between the effective date of the Title Commitment and the effective date of the Title Policy. 11.4 FIRPTA. A FIRPTA Non-Foreign Entity Transferor Certificate or Exemption Certificate or document evidencing withholdings, in accordance with Section 1445 of the Internal Revenue Code. 11.5 DR-219. A DR-219 Form as required for recording. 12.0 Buyer's Closing Documents. At closing, Buyer shall deliver the following documents (Buyer's Closing Documents) to Seller; 12.1 Approval. Written documentation of Buyer's authority to purchase the property. 13.0 Closing Procedure. The Closing shall proceed in the following manner: 13.1 Transfer of Funds. Buyer shall pay the Purchase Price to the Seller by transfer of funds to the account designated by Seller. 13.2 Delivery of Documents. Seller shall deliver Seller's Closing Documents to the Buyer. 14.0 Closing Costs, and Taxes, Prorations. 14.1 Ad Valorem Taxes. Seller shall comply with Section 196.295, Florida Statutes, with respect to the payment of prorated ad valorem taxes for the year of closing into escrow with the Palm Beach County Revenue Collector. 14.2 the time of Closing: Seller's Closing Costs. Seller shall pay for the following items prior to or at 5082 Cost of providing marketable title as provided herein; documentary stamps on the Warranty Deed. 14.3 Buyer's Closing Costs. Buyer shall pay for the following items prior to or at the time of Closing: Recording of Deeds; tire insurance premium; survey costs, appraisal costs, Phase I, Phase II (if applicable), Environmental Assessment Report costs and related expenses. 15.0 Possession. Buyer shall be granted full possession of the Property at Closing. 16.0 Condemnation. In the event of the institution of any proceedings by any Governmental Authority which shall relate to the proposed taking of any portion of the Property by eminent domain prior to Closing, or in the event of the taking of any portion of the Property by eminent domain prior to Closing, Seller shall promptly notify Buyer and Buyer shall thereafter within fifteen (15) days after receipt by Buyer of the notice from Seller either (1) terminate this Agreement, whereupon Seller and Buyer shall be released of all further responsibility and obligations hereunder; or (2) proceed to close this transaction. Seller hereby agrees to furnish Buyer with written notice of a proposed condemnation within five (5) business days after Seller's receipt of notification. Should Buyer terminate this Agreement, the parties hereto shall be released from their respective obligations and liabilities hereunder. Should Buyer elect not to terminate, the parties hereto shall proceed to Closing and Seller shall assign all of its right, title and interest in all awards in connection with such taking to Buyer. 17.0 Notice. Notices shall be in writing delivered by hand, or by certified mail, return receipt requested, or overnight delivery by nationally recognized service, to the addressee at the address set forth herein, or by facsimile transfer, and shall be deemed to have been delivered on the date of receipt of such notice, if hand-delivered, or, if mailed, on the date the receipt for which the certified mail is signed or refused, by the addressee or its authorized agent or employee, or if by facsimile transfer, by confirmation of transmission. Either party may change the address for notice to that party by delivering written notice of such change in the manner provided above, such change to be effective not sooner than ten (10) days after the date of notice of change. If either party relies upon a hand delivery as described herein, then the party using this medium shall maintain an appropriate receipt of delivery, in the normal course of business. AGENT FOR BUYER: THE URBAN GROUP, INC. c/o Howard Steinholz, Esquire 1424 S. Andrews Avenue, Suite 200 Fort Lauderdale, FL 33316 As authorized agent for the BBCRA 5083 SELLER: 18.0 Default If the Buyer shall fail or refuse to consummate the transaction in accordance with the terms and provisions of this agreement, all deposits and interest shall be forfeited to Seller as agreed upon liquidated damages. In the event of such default by Buyer, Seller's sole and entire remedy shall be restricted to retention of the deposit plus all accrued interest, if any, and Buyer shall have no other responsibility or liability of any kind to Seller by virtue of such default. In the event of a default by Seller, the Buyer shall have all remedies available to it which shall include the retum of the earnest money and accrued interest as liquidated damages and/or equitable relief such as specific performance. The Buyer should be entitled to equitable relief to enforce the terms and conditions of this agreement either through a decree for specific performance or injunctive relief. 19.0 Miscellaneous. 19.1 Counterparts. This Agreement may be executed in any number of counterparts, any one and all of which shall constitute the contract of the parties. The paragraph headings herein contained are for the purposes of identification only and shall not be considered in construing this Agreement. 19.2 Amendment. No modification or amendment of this Agreement shall be of any force or effect unless in writing executed by both Seller and Buyer. 19.3 Attorneys' Fees. If any party obtains a judgment against any other party by reason of breach of this Agreement, attorneys' fees and costs shall be included in such judgment. 19.4 Governing Law and Venue. This Agreement shall be interpreted in accordance with the laws of the State of Florida, both substantive and remedial and venue shall be in Palm Beach County, Florida. 19.5 Entire Agreement. This Agreement set forth the entire agreement between Seller and Buyer relating to the Property and all subject matter herein and supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between the parties. 19.6 Computation of Dates. If any date computed in the manner herein set forth falls on a legal holiday or non-business day or non-banking day, then such date shall be extended to the first business day following said legal holiday or non-business day or non-banking day. 5084 19.7 No Recording. This Agreement or any notice or memorandum hereof may not be recorded in the public records of any county in the State of Florida. 19.8 No Brokers. Seller and Buyer each represent to the other that it has not dealt with any commissioned broker, salesperson or agent in connection with the execution and delivery of this Agreement, and the other party shall not be required to pay any commission whatsoever with respect to this Agreement resulting from the actions of the party making such representations. Seller and Buyer in accordance with the limitations of the Florida Statutes and law, each indemnify and hold each other harmless from and against any and all losses, costs, damages, liabilities and expenses (including without limitation, reasonable attorneys' and paralegal fees) resulting from a breach by the indemnifying party of the foregoing representation. 19.9 Acceptance of Deed. The acceptance of the Deed by Buyer shall be deemed full performance and discharge of every agreement and obligation on the part of Seller to be performed pursuant to this Agreement, except those which are specifically stated to survive delivery of the Deeds and closing. 19.10 Interpretation. Should any term or provision of this Agreement be subject to judicial interpretation, it is agreed by Seller and Buyer that the court interpreting or construing the same shall not apply a presumption that the term or provision shall be more strictly construed against the party who itself or through its agents and attorneys of each party have participated in the preparation of the terms and provisions of this Agreement and that all terms and provisions have been negotiated. 19.11 Captions, Headings, Etc. Captions, headings, section and subsection numbers in this Agreement are for convenience and reference only, and shall have no effect upon the meaning of any of the terms or provision herein. 19.12 Waiver. Failure of either party to insist upon compliance with any term or provision hereof shall not constitute a waiver thereof, and no waiver of any term or provision of this Agreement shall be effective unless it is in writing and signed by the party against whom it is asserted. Any waiver of any term or provision of this Agreement shall only be applicable to the specific term or provision and instance to which it is related, and shall not be deemed to be a continuing or future waiver as to such term or provision or as to any other term or provision. 19.13 No Third Party Beneficiatw. The terms and provisions of this Agreement are for the exclusive benefit of Seller and Buyer, and not for the benefit of any third party, and this Agreement shall not be deemed to have conferred any rights, express or implied, upon any third party. 19.14 RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health unit. 5085 IN WITNESS indicated below. WITNESSES: WHEREOF, the parties have executed BUYER: this Agreement as of the date THE URBAN GROUP, INC. as agent for BBCRA BY: (Print Name) (Print Name) Date Executed: WITNESSES: SELLER: BY: (Print Name) (Print Name) Date Executed: H:\ 1998\980465~AG~chaseAndSaleRealProp.doc 5O86 WITNESSES: (Print Name) (Print Name) BUYER: APPROVED BY CRA BOARD By: Chair Date Executed: 5087 EXH~ IT " A " LEGAL DESCRIFFION 5O88 Memo: To: F rom: Re: Date: CRA Board Douglas Hutchinson, CRA Executive Director MU-H February 10, 2004 I have the following comments for consideration on the revised zoning code for mixed use districts in the CRA Area for your review and comment. A format comment is to number the different tables in the ordinance. Section 3 - Last sentence in a "...contain a vertical and/or horizontal mixture..." Minimum parcel size table: Minimum Hotel Lot size should be one acre for stand alone projects. Remove * note. /'~ The ** note is incorrect - remove. Projects must h ave frontage o n main roads a s shown on page 7's second table to use any mixed use zoning options. Minimum Living Area Table: The unit size being reduced to 650 sq. ft. is a step in the right direction as it has the potential to bring units costing less into the MU-H District. The size allows for price per square foot to remain high but due to a smaller size, the overall unit price is lower. The sizing follows the strong market trend to smaller units. The trend shows no signs of slowing for two reasons. First, Baby Boomers travel more and have smaller family needs. Second, young professionals are seeking the lifestyle of a n urban s etting a nd t hey a II not wanting Iarge u nits o r extensive maintenance o f regular home ownership. I however do recommend that the average project unit size be brought down to 850 sq. ft. from the 1,000 sq. ft. proposed. This high average unit size is counter productive to bringing a more diverse income mix to MU-H. I do not suggest an increase in density, therefore, less unit space can generate greater public areas and/or amenity packages for projects. I therefore highly recommend a change to 850 sq. ft. average unit sizing in MU-H. Locational requirements for Height, Density and Floor Area Ration Table: Height for MU-L zone on arterial roads at 100' is too tall. 75' is sufficient height to attract quality development projects to the MU-L areas. I also think that minimum lot size and depths should be established to make sure tall projects have room for step backs at adjoining residential neighborhoods. Section 15 a & b: Live/Work Unit Requirements. The addition of Live/Work units is very good. These units encourage small businesses to locate in the downtown areas. However, t he ratio limiting t he residential portion to 3 0% i s i n reverse to t he needed response. The Live/Work should encourage small businesses where a home office is practical. A small office limits the number of employers and clients patronizing the location. These configurations need to be a transition between commercial and residential. With only 2.5 spaces and a minimum 70% of the space mandated for office use, I am concerned that the ratio will produce business activities that are not truly wanted in this type of neighborhood usage. I therefore recommend that the maximum business usage be set at 30% of the property sq. ft.; i.e., smaller business is better. Large business needs can be accomplished in the standard mixed use type of project. Section 16 Definitions - Hotel. I would recommend that the definition of hotel start with 10 rooms. This is a feasible sizing for "Boutique" Hotels or Inns which are proven successes in urban settings. Boynton is hotel challenged and several special niche facilities have real potential. Here again sizing encourages small businesses to locate in the CBD. I believe we should encourage opportunities for small businesses amongst the development giants and national credit tenants. To: Mike Rumpf March 26~,2004 From: INCA CCi Mayor Taylor Bob Ensler Mike Ferguson Carl McCoy Mack McCray Kurt Bressner Quintus Green Doug Hutchinson INCA Distribution List Subject: INCA Concerns Related to Land Use Changes. Mr. Rumpf, Thanks for your support and encouragement to submit our neighborhood inputs to the planning process. INCA welcomes the oppOrtunity to have a voice in planning for the growth and prosperity of the city that we all love. We appreciate that city staff and officials understand that we all share the desire to facilitate progressive, flexible development within our borders. Thank you for making the extra effort to seek citizen recommendations to improve our city's codes and ordinances. We feel fortunate to have elected officials willing to listen with open minds and make educated decisions based upon the input of their constituency. Inlet Cove Association, INCA, is a not for profit association representing the concerns of over 400 homeowners in NE Boynton Beach, east of US 1. For the past eight months the biggest concern among INCA homeowners has been the threat of overwhelming IPUD, MU-L and MU-H development within, and adjacent to, our neighborhoods. A recent survey of our residents highlighted the specific areas of concern we have. Such as, Building height, Setbacks, Separation of Mixed Use from existing single family homes. Must of these concerns come from recent actual and proposed developments in our area. At this time we are asking the city Commission to readdress elements of the City's comprehensive plan relative to the MX-C land use and associated MU-L and MU-H zoning districts. Much has changed since the Vision 20~20 plan for the Central Business District was adopted by the city and the original CBD CRA zone was established. The subsequent addition of the Federal Highway corridor and the surrounding Residential areas into the CRA may also have been appropriate at the time. Parts of these areas were under developed and there was no obvious residential or commercial development trend so it was appropriate to plan for redevelopment of these areas. The recent redevelopment of the residential areas east of Federal Highway by private homeowners is one of the major success stories within the city. Our homeowners have worked with each other and the City to achieve a neighborhood culture that is a rarity in Florida today. We ask your help in protecting this neighborhood community lifestyle in Boynton Beach by maintaining the current residential neighborhood zoning. It is important to clarify that INCA is not anti-development. We support responsible, compatible development done within the flavor and style of our coastal community heritage. INCA supports the development and redevelopment of the Business and Commercial Corridor that lines Federal Hwy. However, the limits of this development must _not extend outside of the exist'_m~ c_om~n~-~-~-~tion of high-density residential developmeiit is n~-'~atible with the existing resideatial communities in this area. The existing infrastructure and environment will not support such uses without significant investment and disruption of the quality of life of the present residents and the natural wildlife. Developers rarely live in the places that they build. They only come here to make a profit and leave the city and its residents to deal with the problems that they create. INCA formally requests that the City Commission of the City of Boynton Beach reevaluate the ~and use that extends east to the Intracoastal Waterway along the Federa w~V-~~ corridor. We re~u~e?t that the City initiate a lan.d_~us_~l_m!~.__a~n~e~n~dme, nLthat se. parates .th.e existing residential zones .fr~i~h.~. r~e~a~ ,~co~"~'~d mixed use ~ We pall agLe_~.~.¢ a~r~ f__~q~or N' We ask that these changes be initiated immediately and that the City OD, declaring this objective. The residents of INCA are prepared to participate in the public hearing process to'voice their opinions on the matter. We feel very strongly about this issue and welcome the opportunity to effect change at this time to avoid long protracted battles on a project-by-project basis later. In addition to retaining the existing residential zoning, INCA proposes the following changes...to the recently proposed revisions to the MU-L and MU-H. 1) Change the notification for land use changes, rezoning petitions, conditional use applications, special permits and site plans to read" shall notify all property owners within 400 ii distance of the subject property and ALL REGISTERED HOMEOWNERS and NEIGHBOURHOOD ASSOCIATIONS. 2) Change the._minimum lot frontage requirem~r~talong Federal Highway for MU-L and MU-H projects from 100 ii to 750'. (This would force parcel consolidation and subsequent development patterns to follow the US 1 corridor, extending from the north to the south rather that extending into existing residential communities). 3) In Chapter 2 Zoning, Sectjo~n 6F, subsection 3(b). Retain the word '~d"~ DO NOT replace it with ..the wor..d.~'~r"~A mixed-use deveiopm~nt Sfiould ~~ ~6~/fice and residential uses. 'Adding the word "or" permits residential only projects to be constructed throughout the designated MX-C land use area to the densities, building heights and other impacts considered for mixed-use type developments. 4) Retain ~single-familY residence as apermitted use in Table 6F-1 instead of changing it to a conditional u~e. r~ 5) Change marina to "state licensed marina as a permitted use in the MU-L and MU-H zoning districts. This is consistent with good environmental practice. 6) Maintain parcel size to rezone from Residential as Five acres minimum. We will be attending the various workshops and meeting, however if you have any questions regarding our concerns we would be happy to meet with you at your convenience. Thank you, i ./~'~-- Harry Woo'dworth for Inca Land Use Team MEMO TO: CRA Board FROM: Douglas C Hutchinson SUBJECT: Consideration of Contract for central Business District Massing Model DATE: March 31,2003 On March 12, 2004, the Evaluation Selection Committee: Doug Hutchinson, Jim Barretta, Jose Aguila, and Steve Myott, (Dick Hudson submitted written comments) met and reviewed the RFP for Massing Model Project, which Reelization Inc. located in Coral Gables, Florida was the only submittal. The RFP submittal is included in your CRA Board package for your review. Upon completion of the review committee, their references were check and they come highly recommended to the CRA Board. The Evaluation Selection Committee is recommending Reelization, Inc. for the project. We believe that their bid is a very good value and price for the work to be provided. In fact, the pricing allows both the Model & Digital Model to be performed. Additionally, the Model areas (including digital) are the expanded area, which runs west to Seacrest. The physical recommended contract price would include a base and cover. Originally, we had verbal quotes as high as $38,000 just for the small physical Model project. Additionally, staff has included a contract for the CRA Board approval for the project to forward. Staff is recommending approval of the Massing Model of the CBD and area extending west to Seacrest Avenue, Base Stand with Plexiglas cover, and the Digital Model for a total of $17,345. Legal and Staff will modify the attached contract after the CRA Board decides on which options to proceed with. 5097 Boynton Beach Community Redevelopment Agency (CRA) AGREEMENT FOR CENTRAL BUSINESS DISTRICT MASSING MODEL SERVICES THIS IS AN AGREEMENT, entered into this day of .., between the Boynton Beach Community Redevelopment Agency, hereinafter referred to as "CRA", and Reelizati°n, Inc. a corporation, authorized to do business in the State of Florida, hereinafter referred to as the "CONTRACTOR." 1. SCOPE OF SERVICES: The CONTRACTOR shall perform the following modeling services upon issuance of a Notice to proceed by CRA to CONTRACTOR: A. Scale Model a. One 1"=50' (or size not to exceed 4'-0" X 8'-0") scale mass model of the Central Business District and options to extend the area west to Seacrest Blvd. (See Map 1 & 2). b. Must provide model on sturdy but light weight base for transportation to various points in the City and use as a stand alone display at CRA Offices. Price with and without Plexiglas cover (submit design concept). c. Digital Model Option: As an option, propose the project as a digital model. Develop and define all resolution aspects in proposed Digital Project. d. Both physical and Digital Option must be able to change as new projects are added. B. New Projects to be incorporated are: a. The Boynton Beach Boulevard Extension, Riverwalk, Promenade and adjoining boardwalks, The Marina Village, and The Arches of Boynton Beach. b. All new structures will be built in mass form and painted different colors to distinguish the new from the existing. c. Landscaping shall be added around new construction, along with some of the existing landscaping. d. All existing structures shall be built in a generic block form, showing mass only, and painted only one color. 2. TERM: The term of the agreement shall commence upon execution of this agreement by both parties hereto and shall end sixty (60) days after the work is completed. 5O98 J TIMING OF THE WORK: CONTRACTOR shall use reasonable efforts, subject to laws, regulations, and professional standards applicable to complete the services required in accordance with date of this agreement. Do CRA understands that the proper and timely completion of CONTRACTOR's services hereunder require the reasonable cooperation of CRA and their agents. CRA agrees to provide all such reasonable cooperation requested by the CONTRACTOR. CONTRACTOR agrees to be responsible for the performance of the employees of the CRA. CONTRACTOR shall complete the work no later than sixty (60) days after the Notice to Proceed is given by CRA to CONTRACTOR. COMPENSATION: Compensation for the mass modeling services, under Scope of Services 1.A.a. shall be Eleven Thousand Nine Hundred Dollars ($11,900.00). Optional Item Pricing · Base with Plexiglas Cover One Thousand Four Hundred Fifty Dollars ($11450.00) · Base without Plexiglas Cover Seven Hundred Fifty Dollars ($750.00) · Digital Project Three Thousand Nine Hundred Ninety Five Dollars ($3,995.00) · Additional Project Physical Four Thousand Five Hundred dollars ($4,500.00) · Additional Projects Digital One Thousand Eiqht Hundred Fifty dollars ($1,850.00) CONTRACTOR will invoice the CRA for mass modeling services as work progresses and will be payable on presentation as follows: 10 % initial down payment 50% following completion of substantial amount of field work 40% upon delivery of final model It is expressly understood that any incidental or out-of-pocket cost incurred by the CONTRACTOR are cover by the total compensation and are not to be billed separately. 5O99 2 Fee schedule for mass modeling and additional services are attached as Exhibit "A". Invoices received from The CONTRACTOR pursuant to this agreement will be reviewed and approved by the Controller, indicating that services have been rendered in conformity with the agreement. 5. CHANGES IN SERVICES: The CRA and the CONTRACTOR recognize that the scope of services and compensation under this agreement are predicated upon current laws, regulations, and professional standards relating to such services. The CRA and the CONTRACTOR further recognize that the scope of services and compensation under this agreement are predicated upon expectations of reasonable cooperation with the CONTRACTOR by CRA pursuant to this agreement, and the absence of any irregularities or extraordinary circumstances, which might necessitate the extension of mass modeling services beyond the normal scope of services. Should irregularities increase in the level of services required under applicable law, regulations or professional standards, or other unforeseen conditions be encountered which might necessitate the extension of mass modeling work beyond the scope of normal procedures, the CONTRACTOR agrees to advise the CRA promptly in writing of the circumstances. In addition, the CONTRACTOR shall request an equitable adjustment in the maximum fee before significant additional time is incurred by the CONTRACTOR. Any such requests for adjustments shall be in writing and shall contain a detailed explanation of why the adjustments are necessary. The CRA and the CONTRACTOR agree to negotiate in good faith to determine an equitable adjustment in the maximum fee. Should the CRA and the CONTRACTOR be unable to agree upon an equitable adjustment within 14 days of the CONTRACTOR's written request, or such other time as agreed upon in writing by the CRA and the CONTRACTOR, either party may, notwithstanding any other provision in the agreement, terminate this agreement upon seven (7) days notice to the other party. The CRA shall be liable for time charges actually incurred by the CONTRACTOR except for any such additional time, which has been included because of the circumstances necessitating adjustment. 5100 10. ADDITIONAL SERVICES: In the event that the CRA and the CONTRACTOR mutually agree that the CONTRACTOR will provide additional services, the terms and total fees are negotiated separately for each proposed project. TRUTH-IN-NEGOTIATION CERTIFICATE: Signature of this agreement by the CONTRACTOR shall act as the execution of truth-in-negotiation certificate certifying that the estimated time charges and expense used to determine the compensation provided for in this agreement are accurate, complete, and current as of the date of this agreement. FIELD WORK: The CONTRACTOR shall use reasonable efforts, subject to laws, regulations, and professional standards applicable to the services hereunder to complete the fieldwork at such time necessary to meet the timing requirements. SUPPORT PERSONNEL: Throughout this agreement for mass modeling services, CRA Staff will be made available by the CONTRACTOR to provide assistance for tasks, such as identifying locations of required maps and structures, and supporting information, with the realization that support personnel must be given consideration to effectively perform day-to-day requirements. CANCELLATION OF AGREEMENT: Either the CRA or the CONTRACTOR FIRM may cancel this agreement for this agreement by written notice to the other party given not later than seven (7) days. The parties agree that such cancellation on its part shall be only for cause and after appropriate discussion with the other party. Notwithstanding the foregoing paragraph of this section, the CONTRACTOR may resign or the CRA may terminate the CONTRACTOR as the CRA'S CONTRACTOR and terminate this agreement at any time as required in accordance with the laws, regulations, and professional standards applicable to the type of services provided under this agreement. 5101 4 11. 12. 13. 14. EXCUSABLE DELAYS: The CONTRACTOR shall not be considered in default because of any failure in performance if such failure arises out of causes reasonably beyond the CONTRACTOR's control and without its fault or negligence. Such causes may include, but are not limited to, acts of God, natural, or public health emergencies. CONTINGENT FEES: The CONTRACTOR warrants that it has not employed or retained any company or person to solicit or secure this agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other that a bona fide employee working solely for the CONTRACTOR any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making the agreement. NON-DISCRIMINATION: The CONTRACTOR warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, sex, age, or national origin. INDEPENDENT CONSULTANT RELATIONSHIP: The CONTRACTOR is, and shall be, in the performance of all work services and activities under this agreement, an Independent Contractor, and not an employee, agent, or servant of the CRA. All persons engaged in any of the work or services performed pursuant to this agreement shall, at all times, and in all places, be subject to the CONTRACTOR's sole direction, supervision, and control. The CONTRACTOR shall exercise control over the means and manner in which it and its employees perform the work, and in all respects, the CONTRACTOR's relationship and the relationship of its employees to the CRA shall be that of an Independent Contractor and not as employees or agents of the CRA. The CONTRACTOR does not have the power or authority to bind the CRA in any promise, agreement, or representation other than specifically provided for in this agreement. 5102 15, 16, 17. 18. SEPARABILITY: If any term or provision of this agreement, or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this agreement or the application of such terms or provisions, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this agreement shall be deemed valid and enforceable to the extent permitted by law. ENTIRETY OF CONTRACTUAL AGREEMENT: The CRA and the CONTRACTOR agree that this agreement sets forth the entire agreement between the parties, in addition there are no promises or understandings other than those stated herein. None of the provisions, terms, and conditions contained in this agreement may be added to, modified, superseded, or otherwise altered, except by written instrument executed by the parties hereto. AMENDMENTS AND MODIFICATIONS: No amendments and/or modifications of this agreement shall be valid unless in writing and signed by each of the parties. NOTICE: All notices required in this agreement shall be considered delivered when received by certified mail, return receipt requested, or personal delivery and if sent to the CRA, shall be mailed to: Douglas Hutchinson, CRA Executive Director City of Boynton Beach, Community Redevelopment Agency 639 E. Ocean Ave. Suite 107 Boynton Beach, FL 33435 In addition, if sent to the CONTRACTOR, shall be mailed to: Firm: Contact: Address: 5103 6 19. INSURANCE: The CONTRACTOR FIRM shall obtain all insurance required by the CRA as shown on Attachment "7" which becomes a part of this agreement. The insurance must remain in force throughout the terms of this agreement. 20. VENUE AND APPLICABLE LAW: Any disputes arising out of this agreement shall be filed in the 15th Judicial Circuit Court in and for Palm Beach County, Florida or the Southern District Court of Florida if filed in U.S. Federal Court. The Laws of the State of Florida shall govern the interpretation and enforcement of this agreement. WHEREFORE, the parties have signed this agreement on the date first above written. CONTRACTOR BOYNTON BEACH CRA By: By: Chair Witness: Name & Title Witness: $104 Exhibit "A" Fee Schedule Mass Modeling Original $11,900.00 Digital Option $ 3,995.00 Additional Projects Physical $ 4,500.00 Additional Projects Digital $ 1,850.00 Base with stand & without Plexiglas $ 750.00 Base with stand & with Plexiglas $ 1,450.00 H:\1998\980465~AGMT~Agmt for Central Business District Massing Model.doc 5105 CRA RFP No. 2004-1 Central Business District Massing Model Services RFP Issue Date: January 13, 2004 , RFP Submission Date: February 23, 2004, Eastern Standard Time at 2:30 PM Proposer:. REELIZATION, INC. 1 O0 Madeira Avenue. Suite 2 Coral Gables. FL $3'134 Contact Person: Rafael Tapanes Telephone: (305) 44~-9004 Fax: (305} 567-1953 TABLE OF CONTENTS I. Transmittal Letter ........................................................................ Pg. 3 II. Technical Qualification 1. 2. 3. 4. 5. General Requirements ........................................................... Pg. 4 Independence ........................................................... Pg. 5 License to Practice ........................................................... Pg. 5 Firm 0ualifications & Experience ............................................ Pg. 5 Adcfitional Information Pg. 6 a. Ouality of Staff Pg. 6 a. In-house Capability Pg. 6 a. Experience Pg'. 7 a. References Pg. 8 Ill. Proposal A. Objectives B. Task C. Scope of Work D. Pricing E. Time Frame F. Summary 'Exhll~it A' ........................................ r .................. Pg- 10 ........................................................... Pg., 1~ IV. Legal Requirements ....................................................................... Pg. 12 V. Attachment I ........................................................................ Pg. 14 VI. Attachment 2 VII. Attachment 3 VIII. Attachment 4 ........................................................................ Pg. 21 1. #6 (Contracts on Hand) ........................................... Pg. 23 2. #9 (Similar Work Experience) ................................. Pg. 24 3. #10 (Background Information) ............................. Pg. 25 4. #14 (Financial Documents) ................................. Pg. 28 IX. Attachment 5 Attachment 6 February 20, 2004 Boynton Beach CRA 639 E. Ocean Avenue, Suite 107 Boynton Beach, FL 33435 After reviewing the Specifications under Part II Section 2-1 Scope of the Work to be Performed as well as the briefing and mapping information sent to us by the Boynton Beach CRA, we hereby acknowledge that we understand the scope of the work to be performed and commit to its completion in a timely manner. We believe our firm is best suited to perform the engagement because of our 7 years experience in the area of visualization projects in both physical and digital formats. We have extensive exper'~nce in scale mass models and have a fully~ equipped in-house workshop. We have worked on numerous projects ranging from single family home models to large city Master Plan Site Models with a high level of concentration on Volumetric Massing Models Additionally, our firm also has the capability of creating Physical Solid Models from 3D Computer Model files through the use of our 3D Rapid Prototype Machine. This state-of-the art machine allows us to create physical models from the information in our computer model files enabling us to provide our clients with a 'solid physical model' of any size at any point of the design process. All figures and facts stated in this RFP represent our firm and irrevocable offer for ninety (90) days. President II. 1. Technical Qualification' General Requirements The following subjects listed below will demonstrate the qualification, competence and capacity of Reelization Inc. and its staff to provide a Central Business District Massing Model and Digital' Components for the CRA. Additionally we have attached images of previous models created by Reelization ~that reflect our work. See Figures below: FIG. 1 FIG. 2 SPA Facility Model for International Sales Group, Miami Florida Our Firm is ,'ready to commit to the creation of the site model by ,first assigning team members to a specific' task. We propose to build the model in several phases. They are: 1. Organize a General Team for the Model. This Team will be split into (2) two separate teams. Team 'A' and Team 'B' will work together at the commencement of the project to become familiar with the overall scope of work as outlined by the CRA. Al/members will have specific tasks to perform when building the Physical Scale Model, but only Team 'B' will be involved creating the Computer Model, when needed. 2. Team Structure: Teresa Diaz Office Manager Materials & Supplies Rafael Tapanes Team Leader / Project manager for Both Team A and Team B Masters of Architecture and Computing University of Miami i Teaml A I ~ Frank Hernandez Cristina Tapanes Lead Model Maker Landscape Model Maker I Carlos de La Cera 2D & 3D CAD Model Maker 4 2. Independence On behalf of Reelization, Inc. we hereby acknowledge and ratify that Reelization, Inc. and all staff members are independent of the CRA and the CRA Board. We have not had any professional relationships with any CRA staff or CRA Board Members for the last (5) years or at any time prior to that time. m License to Practice in Florida We hereby affirm that for the last seven (7) years we have conducted business in the State of Florida and are licensed to operate as per City of Coral Gables, Florida Occupational License 2003-2004 under the name Reelization, Inc./Rafael Tapanes. This License is to be renewed On or before September $0% 2004. We are not required to have any other professional licenses because we are not an architectural firm, but rather considered as an Artistic Studio as mentioned in the occupational license. Firm Oual~cat!or~s and Experience - Firm size 3 full time (includes the Principal of the firm) and 2 part-time Employees. Of~e address and location 1 O0 Madeira Avenue, Suites 2, 3 and 4, Coral Gables, FL 331'34 Number and nature of professional staff to be. employed in this project · A total of five (5) staff members will be employed in this project Two (2) staff members (main team members) will head the modek making process, two (2) staff members will assist in the construction of the model and the base and one (1) member of the staff will run the administrative end of the project. This person will make sure that all documents including project information and administrative papers are filed and delivered to the appropriate parties as well as handle inventory for model supplies and parts · Two (2) of the main team members will be assigned to create the 3D computer model as needed. · Principal of the firm will personally administer all aspects of the progress of the model. We hereby state that there has not been any disciplinary action taken or pending against Reelization Inc. or its staff during the past three (3) years with state regulatory bodies or professional organizations. We also state that neither Reelization Inc. nor any staff member have been involved in any litigation or proceeding by a court or any administrative agency during the past two (2) years in any manner related to its/their professional activities. There is no pending litigation of any kind against Reelization Inc. or any staff member. Additional Information - a. Quality of staff Quality of staff during the term of the project will be assured through task management monitored by the Project Manager. Each staff member's performance in the creation of the Model will be monitored to ensure optimal use of skills, materials, and data received from the CRA. In addition, constant communication between the Project Manger and the CRA will be maintained to guarantee accuracy and precision of the Model and its components. Along with the traditional means of communication such as telephone, facsimile and email, we provide all our clients space on our FTP Site to post any new Drawings, Pictures, and/or Text. b. In-house capabilities to provide technical support and consultin,q The principal of the firm has a Masters of Architecture & Computers from the University of Miami. This program is specifically geared towards a complete understanding of how the computer is utilized in Architectural Visualization. This program is also highly technical and involves trouble shooting of complete office networks and Information Technology Specialization. We also have maintained a full Working Model shop for 7 years. Our shop includes tools such as Band Saws, Table Saws, Several Sanders, Scroll Saws, Router tables, Large Shop Vacs hooked on to every station and pler~, of table top space to prepare the models. All tools need to be calibrated for optimal performance as well as cleaned and serviced. We are proud to say that all is in working condition. Experience Scale Model Services Clients Pro. iects Spillis Candela - DMJM Coral Gables, FL Indian River Administration Building Ft. Lauderdale Courthouse Master Plan Model Ft. Lauderdale Airport and Airport Addition Seminole County Courthouse Master' Plan Model Pompano High School ' Baptist Hospital, Miami, Scale Model Sheraton Hotel ' Freedom Tower ' Miami Children's Museum Villa for Mrs. Jadia Jameel, Saudia Arabia Dubai Hotel for the Sultan of Dubai Sandy Lane Hotel, Barbados Arquitectonica Miami University of Miami, University Center Master Plan Model , Mateu & Partners Coral Gables Miami International Airport So. Terminal Extension World Bank University of Miami School of Music Forensic Animation & Imaging Coral Gables Court case Model 1. Street Section Model Leon Krier & Palm Beach Library Master Plan Model Rafael Portuondo Architects, Coral Gables Codina Consulting Beacon Lakes Master Plan Model Coral Gables Pavarini Construction Coral Station - Brickell Way do Earthtech Miami, FL RCF (Rental Car Facility) C3TS Coral Gables Court Case Model: Florida Internationa~ University Garage Temple of Vesta - Rapid Prototype Model University Country University Country Club Expantion Club Duany Plater-Zyberk & Co. Florida Power & Light Fairchild Tropical Garden Davis Memorial Library Court case Models 1. Renzzi Building Construction Accident 2. Star Lifts Boat Yard Power Lines Encroachment Case References- Michael kerwin Spillis Candela DMJM + N 800 Douglas Entrance Coral Gables. FL 33134 o. 305.447.3523 f. 305.447.3580 Erick Valle Correa Valle Valle 194 Minorca Ave Coral Gables, FL 33134 o. 305.476.9212 f. 305.476.9291 Carlos Rosso The Related Group of Florida 2828 Coral Way, Penthouse 1 Miami, FL 33145 o. 305.460.9900 f. 305.445.1834 Elizabeth Plater-Zyberk Duan¥ Plater ZYberk & Co. 1023 S.W. 25- Avenue Miami, FL 33135 o. 305.644.1023 f. 305.644.1021 Javier Salman C3TS 901 Ponce de Leon Blvd. Suite #900 o. 305.445.2900 IlL Subject: Proposal to the Community Redevelopment Agency (CRA) Central Business District Massing Model and a Digital Massing Model. RFP NO. 2004~1 Proposer: Inc. REELIZATION INC. 100 Madeira Ave Suite #2 Coral Gables, FL 33134 Boynton Beach Community Redevelopment Agency Boynton Beach CRA 639 E. Ocean Ave. Suite #107 Boynton Beach, Florida 33435 Office: 561.737.3256 Fax: 561.737.3258 Dear Mr. Douglas 'Hutchinson To create a Massing Model of the Central Business District Massing Model and a Digital Massing Model · To create a Model Base and a stand for display with the flexibility of adding the optional site to the west. · (Optional) Plexiglas Cover for the Model · Coordinate, Prepare and Laser Cut all model parts · Assemble, Paint, Finish all Model Parts · Coordinate and Build the Digital Model using 3D Studio Max · Apply Materials, Textures, Lighting, Colors, Backgrounds, Environments to the 3D CAD Models for final Visualization Tas~ · Scale: · Model Base: 1':50' (or Not to Exceed 4'~)' x 8'~)' Base) less than 4'~)' x 8'~' framed in lx4 inch wood painted Black, Braced below for support A Folding, Light Weight, Mobile Framed Box draped with fabric to reach the ground acting as a stand for the Model · Model Parts: · Materials: · Painting, Finish and Assembly Scope of Work: Ptlase I - Laser Cut Wood for the existing and proposed structures - Volumetric Massing style Landscape, Ground Cover and Palm Trees where necessary Wood Veneer, 'Clear Plexi, Bass Wood Blocks, Landscape Phase III · · · Phase IV · Create Teams Separate Tasks Create a base to fit the site. Create 2D Outlines of site · Include all Grass, Streets, Pathways, Water Features, etc... · Laser Cut all Parts Necessary Create 2D CAD Files of the Buildings Laser Cut Building Blocks out of Wood or Plastic Assemble all Parts and Adhere to Model Base Additional Services if Needed: · 3D CAD Model · Additional Building Model Components D. Pricing: Task ]::)~ption sco orwo ) ~ Pm-btx~l Fabrication, Asse~ly and Instrt~ons Oe~___e Outlines for Site, Buildir~s, lVixtel Parts Laser Cut Parts (Includes ~ Time and ~al) Dress up g, txiel with [mxisa~, Veg~org Trees and Palms 2DCAD IVl~del ~ Assen~y 6 $85 20 $85 40 $85 16 $85 8 $85 $510 $1,700 $3,40O $1,360 $11,900 Time: This project will take approximately 20 - 25 working days for the Completion of the Model and the Base 10 Exhibit 'A" F. Summary: Original Scale Model: (Central Business District Massing Model) ~ssing~t,aa (Oriti~ so~ of W~) $11,900 Time Fram'e: 20 - 25 working pays t ~ 2D CAD lVlodel Parm h&efing, Pre-hSxld Fabrication, Assent>ly and lnstn~ons Create Outlines for Site, Buildings, 1Vkxtel Pans Laser Cut Para (h~udes Madfim Time ard Mttedal) lvixlel Fabrication with Laser Cut Dam, Sarding Glueing Dress up hSx~l with~ Vegetaion, Trees and Palrm 6 $85 20 $85 40 16 $85 8 $85 $510 $1,700 $1,360 Digital Option: Additional Projects Physical: Additional Projects Digital: Base with stand & with out Plexiglas: Base with stand & with Plexiglas: $3,995 $4,5oo $1,8so $7so $1,450 Subtotal $11,900 Time Frame-. 15 - 17 working 'days 18 - 20 working days 10 - 12 working days 4 - 5 working days 7 - 8 working days 11 6-16 6-17 6-18 6-19 6-20 LEGAL REQUIREMENTS Federal, State, County, and Local Laws, Ordinances, Rules, and Regulations that in any manner affect the items covered herein apply. Lack of knowledge by The PROPOSER will in no way be a cause for relief from responsibility, m ON PUBLIC ENTITY CRIMES I All RFP Invitations as defined by Section 287.012(11), Flodda Statutes, ,requests~ for RFP's as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Flodda Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity cdme may not submit an RFP on, a contract or provide any goods or services to a public entity, may not submit an RFP on a contract with a public entity for the construction or repair of a public building or public work, may nOt submit RFP's on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TVVO for a pedod of 36 months from the date of being placed on the Convicted vendor list." ADVERTISING In submitting an RFP, The PROPOSER agrees not to use the results therefrom as a part of any commercial advertising. Violation of this stipulation may be subject'to action covered under "NONCONFORMANCE TO CONTRACT CONDITIONS." ASSIGNMENT Any Purchase Order, contract, and/or invoice issued pursuant to this RFP invitation and the monies, which may be come due hereunder, are not assignable except with the pdor written approval of the CRA. LIABILITY The PROPOSER shall hold and save the,CRA, its Board, its agents, its volunteers and its employees harmless from liability of any kind in th perfo.91:mapce of any resulting contract. ~~y/,~/ CEO or~_~~ ~Dt of Corporation (Pdnf) / C~:O o,d~Prindpa(~A! ~t of Corporation Date Page 9 of 23 Witness (Pdnt) W~ness L~ ' Date Page 10 of 23 ATTAC ,HMENT 1 THE PROPOSER ACKNOWLEDGEMENT Submit RFP's To: RFP Title: Boynton Beach Community Redevelopment Agency (CRA) 639 E. Ocean Ave., Suite 107 Boynton Beach, FL 33435' Douglas Hutchinson, CRA Executive Director I CRA RFP No 2004-1 FOR CENTRAL BUSINESS DISTRICT MASSING' MODEL ' RFP to Be Received By: February 23rd, 2004 Eastern Standard Time No Later Than 2:30 P.M. RFP Date and Time Received (CRA Use Only) RFP's will be opened in the CRA Office unless specified othen~/ise. Deadline for receiving this RFP is February 23, 2004 no later than 2:30 P.M. and may not be withdrawn for ninety (90) days after such date and time. ' All awards made as a result of this RFP shall conform to applicable policies,of the CRA and the requirement of state law. Name of Proposer: Business Name & Form: Mailing Address: Physical Address: City/State/Zip: Area Code: Area Code: E-Mail:., ~'T~ Name Typed Page 11 of 23 THIS PAGE TO BE SUBMITTED ALONG WITH RFP IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ATTACHMENT 2 City of Boynton Beach Community Redevelopment Agency '(CRA) CONTRACT FOR CENTRAL BUSINESS DISTRICT MASSING MODEL SERVICES THIS IS AN AGREEMENT, entered into this day of , between the CRA of The Boynton Beach Community Redevelopment Agency, hereinafter referred to as "CRA", and , a Professional Business, authorized to do business in the State of Flodda, hereinafter referred to as the "PROPOSER." 1. SCOPE OF SERVICES: A. Scale Model a. One 1"=50' (or size not to exceed 4'-0" X 8'-0',') scale mass model of the .Central Business District and options to extend the area west to Seacrest Blvd. (See Map 1 &2). b. Must provide model on sturdy but light weight base for transportation to various points in the City and use as a stand alone display at CRA Offices. Price with and without Plexiglas cover (submit design concept). c. Digital Mod~l Option: As an option, propose the project as a digital model. Develop and define all resolution aspects in proposed Digital Project. d. Both physical and Digital Option must be able to change as new projects are added. B. New Projects to be incorporated are; a. The Boynton Beach Boulevard Extension, Riverwalk, Promenade and adjoining boardwalks,, The Marina Village, and The Arches of Boynton Beach. b. All new structures will be built in mass form and painted different colors to distinguish the new from the existing. c. Landscaping shall be added around new construction, along with some of the existing landscaping. d. All existing structures shall be built in a generic block form, showing mass only, and painted only one color. C. Pdce and Completion Time a. Provide a pdce for the Central Business Distdct Mass Modeling and Digital Option with an option to extend to the Seacrest Blvd./Boynton Beach Boulevard Corridor Area (See Map 2). b. Provide additional pdcing to add projects to .the original model (physical and digital). c. Provide pdcing for Base with and without Plexiglas cover. d. Provide a completion time line for the project. 2. TERM: The term of the agreement shall commence no more than Thirty (30) days from the signing of the contract. Page 12 of 23 THIS PAGE TO BE SUBMITTED ALONG WITH RFP IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND 4. TIMING OF THE WORK: ' · PROPOSER shall use reasonable efforts, subject to laws, regulations, and professional standards applicable to complete the services required in accordance with date of this .contract. · CRA understands that the proper and 'timely completion of PROPOSER's services hereunder require the reasonable cooperation of CRA and their agents. CRA agrees to provide all such reasonable cooperation requested by the PROPOSER. , I · PROPOSER agrees to be responsible for the performance of the employees'of the CRA. COMPENSATION: · Compensation for the mass modeling services, as defined in Section 1, shall be dollars ($ ). , Optional Item Pricing o Base with Plexiglas Cover dollars. ($ ). o Base without Plexiglas Cover dollars. ($' ) o Digital Project dollars. ($ ) PROPOSER will invoice the CRA for mass modeling services as work progresses and will be payable on presentation as follows: 10% initial down payment 50% following completion of substantial amount of field work 40% upon Delivery of final model It is expressly understood that any incidental or out-of-pocket costs incurred by The PROPOSER are covered by the total compensation and are not to be billed separately. · Fee schedule for mass modeling and additional services are attached as Exhibit "A". Invoices received from The PROPOSER pursuant to this agreement will be reviewed and approved by the Controller, indicating that services have been rendered in conformity with the agreement. 5. CHANGES IN SERVICES: The CRA and the PROPOSER recognize that the scope of services and compensation under this agreement are predicated upon current laws, regulations, and professional standards relating to such services. The CRA and the PROPOSER further recognize that the scope of services and compensation under this agreement are predicated upon expectations of reasonable cooperation with the PROPOSER by CRA pursuant to this agreement, and the absence of any irregularities or extraordinary circumstances, which might necessitate the extension of mass modeling services beyond the norma! scope of services. Should irregularities increase in the level of services required under applicable law, regulations or professional standards, or other unforeseen conditions be encountered which might necessitate the extension of mass modeling work beyond the scope of normal procedures, the PROPOSER agrees to advise the CRA promptly in wdting of the THIS PAGE TO BE SUBMI'I-rED ALONG WITH RFP IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND circumstances. In addition, the PROPOSER shall request an equitable adjustment in the maximum fee before significant additional time is incurred by the PROPOSER. Any such requests for adjustments shall be in wdting and shall contain a detailed explanation of why the adjustments are necessary. The CRA and the PROPOSER agree to negotiate in good faith to determine an equitable adjustment in the maximum fee. Should the CRA and the PROPOSER be unable to agree upon an equitable adjustment ,within 14 days of the PROPOSER's wdtten request, or such other time as agreed upon .in wdting by the CRA and the PROPOSER, either party may, notwithstanding any other provision in the agreement, terminate this agreement upon seven (7) days notice to the other party. The CRA shall be liable for time charges actually incurred by the PROPOSER except for any such additional time, which has been included because of the circumstances necessitating adjustment, ADDITIONAL' SERVICES: In the event that the CRA and the PROPOSER mutually agree that the PROPOSER will provide additional services, the terms and total fees are negotiated separately for each proposed project. TRUTH-IN-NEGOTIATION CERTIFICATE: '8. Signature of this agreement by the PROPOSER shall act as the execution'of truth-in- negotiation certificate certifying that the estimated time charges and expense used to determine the compensation provided for in this agreement are accurate, complete, and current as of the date of this agreement. ~ I FIELD WORK:' ' ', , The PROPOSER shall use reasonable efforts, s,ubject to laws, regulations, and professional standards applicable to the services hereunder to complete the fieldwork at such time necessary to meet the timing requirements. 9. SUPPORT PERSONNEL: Throughout this contract for mass modeling services, CRA Staff will be made available by the PROPOSER to provide assistance for tasks, such as identifying locations of required maps and structures, and supporting information, with the realization that support personnel must be given consideration to effectively perform day-to-day requirements. 10. CANCELLATION OF AGREEMENT: Either the CRA or the PROPOSER FIRM may cancel this agreement for this agreement by wdtten notice to the other party given not later than seven (7) days. The parties agree that such cancellation on its part shall be only for cause and after appropriate discussion with the other party. Notwithstanding the foregoing paragraph of this section, the PROPOSER may resign or the CRA may terminate the PROPOSER as the CRA'S PROPOSER and terminate this agreement at any time as required in accordance with the laws, regulations, and professional standards applicable to the type of services provided under this agreement. Page 14 of 23 THIS PAGE TO BE SUBMITTED ALONG WITH RFP IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND A t":_~. I::: 1:3 T ~, I~ I 1: 11. EXCUSABLE DELAYS: The PROPOSER Shall not be considered in default, because of any failure in performance if such failure adses out of causes reasonably beyond the PROPOSER's control and without .its fault or negligence. Such caUses may include, but are not limited to, acts of God, natural, or public health emergencies. 12. CONTINGENT FEES: 13. The PROPOSER warrants that it has not employed or retained any company or person to solicit or secure this agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other that a bona fide employee, working solely for the PROPOSER any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making the agreement. NON-DISCRIMINATION: 14. The PROPOSER warrants and represents that all of its employees are .treated equally dudng employment'without regard to race, color, religion, ,sex, age, or national odgin. INDEPENDENT CONSULTANT RELATIONSHIP: The PROPOSER is, and shall be, in the performance of all work services and activities under this agreement, an Independent Contractor, and not an employee, agent, or servant of the CRA..All persons engaged in any of the work or services performed pursuant, to this agreement shall, at all times, and in all places, be subject to the PROPOSER'S 'sole direction, supervision, and control. The PROPOSER shall exercise control over the means and manner in which it and its employees perform the work, and in all respects, the PROPOSER's relationship and the relationship of its employees to the CRA shall be that of an Independent Contractor and not as employees or agents of the CRA. The PROPOSER does not have the power or authority to bind the CRA in any promise, agreement, or representation other than specifically provided for in this agreement. 15. SEPARABILITY: If any term or provision of this agreement, or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this agreement or the application of such terms or provisions, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this agreement shall be deemed valid and enforceable to the extent permitted by law. 16. ENTIRETY OF CONTRACTUAL AGREEMENT: The CRA and the PROPOSER agree that this agreement sets forth the entire agreement between the parties, in addition there are no promises or understandings other than those stated herein. None of the provisions, terms, and conditions contained in this agreement may be added to, modified, superseded, or otherwise altered, except by wdtten instrument executed by the parties hereto. THIS PAGE TO BE SUBMITTED ALONG WITH RFP IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND 17. AMENDMENTS AND MODIFICATIONS: No amendments and/or modifications of this agreement shall be valid unless in writing and signed by each of the parties. 18. NOTICE: All notices required in this agreement shall be considered delivered wheq receive~:l by certified mail, return receipt requested, or personal delivery and if sent to the CRA, shall be mailed to: Douglas Hutchinson, CRA Executive Director City of Boynton Beach, Community Redevelopment Agency 639 E. Ocean Ave. Suite 107 Boynton Beach, FL 33435 19. In addition, if sent to the PROPOSER, shall be mailed to: INSU~NCE: The PROPOSER FIRM shall obtain all insurance required by the CRA as shown On Attachment "7" which becomes a part of this agreement. The insurance must remain in force throughout the terms of this agreement. 20. VENUE: Any disputes adsing out of this agreement shall be filed in the 15th Judicial Circuit Court in and for Palm Beach County, Flodda or the Southern District Court of Florida if filed in U.S. Federal Court. WHEREFORE, the parties have signed this agreement on the date first above written. PROPOSER BOYNTON BEACH CRA By: By: Name & Title Chairman Witness: Witness: Page 16 of 23 THIS PAGE TO BE SUBMITTED ALONG WITH RFP IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ATTACHMENT 3 ADDENDA BOYNTON BEACH CRA RFP TITLE: CRA RFP NO.~2004-1 FOR CENTRAL BUSINESS DISTRICT MASS MODELING SERVICES DATE SUBMITTED: ~c - 2 C~ o-- C-~ We propose and agree that if this RFP is accepted to contract with the CRA, THE PROPOSER will furnish all materials, equipment, transportation, labor, and services necessary to complete/provide the .work specified by the Contract documents. Having studied the documents prepared by: The CRA Staff And having examined the,. following addendum We propose to perform the work of Central Business Distdct Mass Modeling Service according to the'Contract documents and the following addenda, which we have received: ADDENDUM DATE ADDENDUM, DATE Page 17 of 23 THIS PAGE TO BE SUBMITTED ALONG WITH RFP IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ATTACHMENT 4 STATEMENT OF THE PROPOSER'S QUALIFICATIONS The PROPOSER submitting the RFP shall prepare and submit the data requested in the following schedule of information. , This data must be included in and made part of each RFP document. Failure to comply with this instruction may be regarded as justification for rejecting the RFP. * Attach additional sheets giving the information. 1. Name of THE PROPOSER: 2. Business Address: -~e~__.~i'~.c~,~,'l ! '~'ncL . Phone/Fax/E-Mail: When Organized: Where Incorporated: How many years have you been engaged in business under the pre,sent firm name? Contracts on hand: *GROSS AMOUNT: *(Each Contract) Have you ever failed to complete any work awarded to you? If so, where and why? * 8. Have you ever defaulted on a contract? If so, where and why? 9. Experience in performance of work similar to this project. * 10. Background and experience of principal members of your personnel, including officers. * 11. List all lawsuits (related to similar project(s)) to which you have been a party and /3~3~_J. Which: * -:~ 1¢¢ Arose from performance: * Occurred within the last 4 years: * Provide case number and type. * 14. Financial Statement (if requested). * Dated on: ~/~J ~:;~z~/~..5~ P/' thiso~9 day of ~',~c~q.~,,j 20~ / THIS PAGE TO BE SUBMITTED ALONG WITH RFP IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND By (Wr~en signa~re~, Name 'i~ ¢~ { Title (Pdnted or typed) Page 19 of 23 THIS PAGE TO BE SUBMITTED ALONG WITH RFP IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND A t~ t~ I::: I::)TA I::t I E CONTRACTS ON HAND: ATTACHMENT 4 #6 Client A) Molina & Narcisse B) Royal Palm Diversified Real Estate Boca Raton, FL ProJect Antigua Barnacle Point Airport and Ferry Transport Station 3D Digital Model Sunny Isles Tower (Project Name not Finalized) 3D Digital Model Amount $10,960 $4,odo c) D) C3TS H & H Development Myrtle Grove Water Maintenance Facility 3D Digital Model Gallery Art Condos 3D Digital Model $2,395 $7,400 E) Spillis Candela DMJM Ft. Lauderdale Courthouse Master Plan Model $3,900 F) Arquitectonica Site Model Solid Prototype Model (10 Models - 8' x 11' x 5') (Variations of Design Options) $4,900 Total $33,555 Experience in ATTACHMENT 4 #9 performance of work similar to this project: Client: Projects: Spilt= Candela DMJNE Indian River Administration Building, FL Lauderdale Courthouse Master Plan Model, FL Lauderdale Airport and Airport Ackffdon, Seminole County Courthouse Master ~ ,Mqdel, Pompano High School, Baptist Hospital, Miami Scale Model, Sheraton Hotel, Freedom Tower, Miami Children's Museum, Villa for Mrs. Jadia Jameel, Saudia Arabia, Dubai Hotel for the Sultan of Dubai, Sandy Lane Hotel, Barbados Client: Project: Client: Arqu~-tonica University cE Miami, University Center, Master Plan Model Mateu & P-~tnms iami International Airport So. Terminal Extension, World Bank Client: Project:: Client: Project: Forens'~ Animation Street Section Model (Court case Model) Leon Krier & Rafael Portuondo Palm Beach Ubrarv Master Plan Model Client: Project: Cfient: Project:. Client: Project: CocOa Consulting Beacon Lakes Master Plan Model , PavarinJ ConstmctJa~ ~ Coral Station - Brickell Way C3TS Court Case Model - Florida International University Garage, Temple of Vesta - Rapid Prototype Model Client: University Country Club and Golf Resort University Country Club ExpantJon and Golf course Renovation Client: Project:. Duan¥ Plater-Zyberk Fairchild Tropical Garden, Davis Memorial L~rary Client: Project: Florida Power & Light Court case Models Renzzi Building construction Accident, Star Lifts Boat Yard Power Lines Encroachment Case General Scope of work typical to all models mentioned above: · To create either Volumetric Massing Models or Detailed Massing Models · All models have a base, different site configurations, Blocks of wood or laser cut plastic to represent existing buildings, we illustrated circulation of streets, sidewalks, pathways, etc... · All models were painted as per clients specification · Most models had buildings that were glued in place and others that were not glued to give the architect flexibility to move pieces around ATTACHMENT 4 #10 Experience and Background of principle members of Staff and Main Officers: Rafael Tapanes Principle Masters of Architecture and Computers University of Miami Attached is a Resume for Mr. Tapanes Carlos de la Cera Full time 3D Computer Model Maker Bachelors of Architecture University of Mexico Mexico City Attached is a Resume for Mr. De La Cera Teresa Diaz Office Manager · Worked as an Administrative Assistant to the Board of Directors of the Girl Scouts before transferring to REELIZATION INC. · Has also worked as an Administrative Assistant to the Board of Directors of Charlee Homes for Childrens. Cristina Tapanes Part Time: Landscape Specialist Master of Special Education Nova University Frank Hernandez Part Time: Model Maker · Works with AutoCAD to create the outlines for the buildings to be cut by the Laser cutting machine, works with the cut parts to create the models · Has extensive knowledge of all wood working tools and maintains all the equipment in the shop Inc. Professional Experience January 2001 to Present February 1997 to Present Field Experience Prior to 1997 Education Awards Publications RESUME Rafael Tapa'nes, President University of Miami School of Architecture Coral Gables, FL Part-time Professor, Computers in Architecture President, Reelization, Inc. Specializing in 3D Architectural Visualizatior~, 3D Solid Modeling, Scale Models, 3D Computer Animation, Multi;Media/Interactive MaketinglSales Images, 2D Renderings/Floor Plans Axioma 3, Inc., Coral Gables - Internal Architect Mateu, Carreno & Partners, Coral Gables- Internal Architect RePresentation, Miami - Lead Scale Model Maker Master of Architecture - Computers in Architecture The University of Miami, Coral Gables, FL Fall 2003 Bachelors of Architecture The University of Miami, Coral Gables, FL Honors Program; Summer Program, Bauhaus, Germany May 1996 1997 - SGI Animation: The One - recognized by Edward T. Foote, President, The University of Miami 1996 - Unbuilt Design Award - The Florida Association of the American Institute of Architects for "Headstart" in collaboration with Architect Eduardo Castineira. 1995 - Unbuilt Design Award - The Florida Association of the American Institute of Architects for "Grove House" in collaboration with Architect Eduardo Castineira. Architecture Week - Scale Models from Thin Air- May 2001 Architectural Record Rapid Prototype for Architects - Digital Architect- December 1999 References Available upon request. Carlos de la Cera 7910 West Drive #105 North Bay Village, FL. 33141 Tel (305) 962-61,64 E-mail carios_cera@yahoo.com Objective: To secure a position in the architectural profession with an established and respected firm. Distinctive Qualifications: · B~]ingual and bicultuml: fluent in Spanish and English. · Excellent interpersonal, communication and organizational skills. · Sldlled in AutoCad 14, 2002 (3 Dimensions), 3d Studio Max 5, -CorelDraw 10,- Photoshop and Microsoft Office in addition to effective use of the intemet. · Administrative and supervisory experience. , Citizenship: U.S./Mexl Education: Centro Universitario Mexico, Mexico City Bachelor of Arts in Architecture, June 2002 Majors: Ger~eml' Architecture Interior Design Pm.~ntafion of Amheolo~ieal and Histori~l Landmarks Professional Experience: Inter Concepto (Architectural Firm), Mexico D.F. October 2002 - April 2003 · Architectural drafter creating animations for client presentation (AutoCAD 2002 and 3D Studio). · Collaborated in the development of project design · Coordinated technical assistance to jobsite supervision HRC Corporati°n (Architectural Firm), Edo. De M6xico. February 1999-Septernber 2002 · Assisted in the development of architectural blueprints of residential housing · Worked as an architectural drafter (AutoCAD 14) · Promoted and enhanced project design · Prov'~led assistance to jobsite supervision References and portfolio: Promptly submitted upon request ATTACHMENT 4 #14 Financial Information: Attached as Follows: Financial Statements: Quarterly report Financial Statements and Tax Returns: Financial Statements and Tax Returns: Financial Statements and Tax Returns: Annual Report Filed on 2/6/03 Year Ending 12/31/03 Year Ending !2/31/02 Year Ending 12/31/01 , Year Ending 12/31/00 (2003 For Profit Corp. Uniform Business Report) (UBR) Financial Statement~ of Reelization. Ine, For the Period Ended December 31, 2003 Prepared by: Vidal Acounting Sen, ices 701 S. W. 27th Avenue Suite 606 Miami, FL Office No. (305) 631-0331 Fax No. (305) 631-0531 Reelization, lnc, Income Statement For the Period Ended December 31,. 2003 Total Revenue Co~t of Sales Gross Profit Operating Expenses Personnel Expea~ses Postage Ren~ Dues & Subscription Legal & Accounting Light & Power Telepkone & Facsimile Donations ami Contrilmtic~s Bookkeepiag Bank Services Statioaea-7 & Printing Equipment R~at Maiatenauce Material & Supplies Depreciation Travel Exp~ns~s Ent~'Ttainmeut Licex~ Capital Stuck Tsx Personal Propexty Tax Advertising aud Promotion Truck F~penses Auto Expenses Deliveries Bmployee E,x-psnse~ Professio~tal Pees Prote, ct~o~t Servicc~ Peualties 8: Fines Office Bxpensos Medical Expenses Torsi Expenses 3MonthsEnded De, e. 31,2003 Pct 46,366.01 100.0Q 46,366.01 100.00 46,366,01 100.00 31,469.25 67.87 74.00 0.16 6,035.60 13.02 621,00 1.34 332.8 0.07 678.14 1.46 837.00 1.81 0.00 0.00 225.00 0A9 0.00 0.00 153.35 0,33 400.00 0.86 I~600.00 3.45 1,827.92 3.94 4,743.00 ] 0.22 0.00 0.00 1,305.16 2.81 0.00 o.oo 1,200.00 2.59 25.00 0.05 0.00 0.00 260~26 0.56 1,270.67 2.74 400.00 0.86 1,200.00 2.59 488.92 1.05 560.18 1.21 5,360.37 11.56 233_47 0.50 4,122.43 8.89 o.00 0.00 3,697.92 7.98 371.88. 0.80 69,193.80 149.23 12 Mo~th~ Ended DeE, 31. 2003 Pct $ 288,789.95 I00.00 288,789.95 100.00 288,789.95 100.00 118,070.91 40.88 325,39 0.11 16,905.90 5.85 621.00 0.22 499.20 0.17 3,066.09 1.06 3~05.85 1.25 150.00 0.05 1,575.00 0.55 0.50 0.00 4,351.89 1.51 2,20030 0.76 1,793.88 0.62 22,134.15 7.66 ~,743,00 1.64 1,463.96 0.51 5,135.82 1.78 13233 0.05 3,307.54 1.15 237.00 0.08 228.75 0.08 · 260,26 0.09 5,049,45 1.75 3,200.00 1.11 2,000.00 0,69 2397.29 0.86 560.18 0.19 38,963.56 13.49 682.23 O.24 9,194.65 3.18 82.OO 0.03 6,680.74 2.31 371.88 0.!3 260.092.60 90.06 Operating Income {22,827.79) ~49.231 28,697.35 ~ Realization, Inc. Schedule of Operating Expenses For the Period Ended December 31, 2003 Personnel Expenses Salary Officers Salaries FICA Expenses Medicare Expe~ses SUTA ~TA Oro~ ~e Total Per~onn*l E~r peases 3 Months Ended l~c. 31, 20_03 Pct 21,450.69 46.26 7,026,89 15.16 1,765.60 3.81 412.91 0.89 16.59 0,04 55.33 0.12 741.24 1.60 67.87 12 Mottles Faded Dec. 3 I. 2003 94,654.54 11,308.40 6,569.73 1,536.45 105.20 388.91 3,507.611 Pc~ 32,78 3 2.27 0.53 0.04 0. I3 1.21 Reelizafion, Inc. Balance Sheet December 31, 2003 Curre~l Assets Cash on Ha~d lntsrc~edit Bank- Checking Due t'om Offi~rs Total Current Assets Fixed Assets Ptu-aiture & Fixture Office FAluiPment Lcschold ~p~ A~. D~. F~e & F~ Acc. ~p. Office Equicor Total Fixed Assets Other Assets Other Deposhs Total Other Assets Total Assets ASSETS 2,35 i.72 8,25:1.60 20,17,;.00 5,83A.04 33,194.68 1,30.'L57 , {26,62 :!1.44) 55' '.3.__9_0 30,783.32 7,868:81 557.30 39~09.4~ l~eliznfion, Balance Sheet December 31, 2003 Current Linbili~e~ Accounts Pay~le - Curr~lt Accrued Expen~ Payable Term Current Liabilities Long ~e~n Liabilities Equity Con.~non Stock S - R~tamed Earnings Current ~m~ TotalEquity Total LlabtlRl~! & ]~iulty LIABILI'I'~S AND EQUITY 7,367.80 1.983.32 l,,O00.O0 I60.96 28,697.35 $ 9,351.12 29,858.31 Financial Statements for Year Ending December 31, 2002 Prepared by: ALEJANDRO A. CRESPO & CO. 9260 S.W. 72ND STREET, SUITE #117 MIAMI, FL 33173 REELIZATION, INC. 100 MADEIRA AVENUE #2 CORAL GABLES FL 33134 REELIZATION, INC. {INCOME TAX BASIS) STATEMENT OF REVENUES AND EXPENSES FOR THE TWELVE MONTHS ENDED DECEMBER 31, 2002 Year to Date Actual Percent * FEES INCOME OPERATING EXPENSES AUTO EXPENSES BANK CHARGES CONTRACT SERVICES DEPRECIATION DEPRECIATION-SEC. 179 DUES AND SUBSCRIPTIONS ENTERTAINMENY INSURANCE LICENSES AND TAXES MARKETING FEES OFFICE EXPENSES OFFICE SALARIES OFFICERS~ SALARIES PAYROLL TAXES POSTAGE PROFESSIONAL FEES R~T REPAIRS AND MAINTENANCE SUPPLIES TELEPHONE TRAVEL UTILITIES * TOTAL OPERATING EXPENSES * NET INCOME OR (LOSS) $ 206,294.87 t0C.0 4,757.69 60.00 9,555.00 2,976.00 5,432.48 961.00 2,833.83 1,308.00 547.06 2,000.00 13,615.52 38,152.60 45,760.00 6,914.21 1,343.21 1,675.00 21,769.90 351.17 3!,922.27 3,669.63 5~855.31 ij539.47 2.3 0.0 4.6 '1.4 2.6 0.5 1.4 0.6 0.3 i 0 6 6 18 5 22 2 3 4 0 7 0 7 10 6 0.2 15.5 1.8 2.8 0.7 202, 799. 35 98. 3 $ 3,495.52 t.? INTERNAL USE ONLY STATEHENT OP ASSETS, ~EE~IaATION, INC. INCOME TAX BASIS} LIABILITIES AND STOCKHolm,.,_ EQU! DECEMBER 31, 2002 ASSETS CURRENT ASSETS CASH LOANS REC.-STOCKHOLDERS (2,762.79) 6,100.00 TOTAL CURRENT ASSETS PROPERTY AND EQUIPMENT FURNITURE AND FIXTURES OFFICE EQUIPMENT ACCL~{ULATED DEPRECIATION 5,838.04 26,494.68 (27,723.48) TOTAL PROPERTY AND EQUIPMENT OTHER ASSETS DEPOSITS 557.30 OTHER ASSETS TOTAL ASSETS 3,337.21 4,609.24 557.30 8,503.75 LIABILITIES AND STOCKHOLDERS' EQUITY CURRENT LiABiLITIES DUE TO CREDIT CARDS PAYROLL TAXES PAYABLE $ 5,359.47 1,983.32 TOTAL CURRENT LIABILITIES 7 342.79 STOCKHOLDERS' EQUITY COMMON STOCK DISTRIBUTIONS RETAINED EARNINGS INCOME (LOSS-) FOR PERIOD 1,OOO.O0 (42,088.OO) 38,753.44 3,495.52 TOTAL STOCKHOLDERS' EQUITY ! 160.96 TOTAL LIABILITIES AND STOCKHOLDERS' EQUITY 8,503.75 iNTERNAL USE ONLY REELIZATION, INC. (INCOME TAX BASIS) ~-,ENT OF ASSETS, LIABI~TI AND SIOCKHOLD~_S' EQUITY SUBSIDIARY SCHEDULE DECEMBER 31, 2002 CASH BARNETT BANK $ TOTAL $ (2 , 762 . 79) (2,762.79) DUE TO CREDIT CARDS CAPITAL ONE AMEX $ 3,714.17 1,645.30 5,359.47 1,983.32 1,983.32 PAYROLL TAXES PAYABLE W.H. TAXES PAYABLE TOTAL _N~2ERNAL USE ONLY CLS 501. Run Date: 3/01/03 (A/C: 10302) R~LIZATIO~, INC. Bank Reconciliation )~RNETT BANK - 1596489310 P.E. (12/31/02~ Page: Date: 1 12131/02 Bank Activity Ledger Activity Begin Bank Balance Deposits fro~ Statement Chargea from Statement End2ng Bank Balance Outstanding Checks(-) Deposits in Transit Other Additions Other Deductions(-) Adj. Bank Balance 7,752.83 57,396.34 60,725.4.9 4,423.68 7,186.47 0.00 0.00 0.00 2,762.79- Begin Ledger Balance Total Debit Activity Total Credit Activity Ending Ledger Balance Checks not Recorded(-) Deposits not Recorded Other Additions Other Deductions(-) Adj. Book Balance 7,598.83 57,396.34 67,757.96 2,762.79- 0.00 0.oD 0.00 0.00 762.79- U~adjusted Checkbook Ball Correat Bala/%ce Adjustment Needed 0.00 2,762.79- 2,762.79- In Balaace 0.00 Open Bank Transactions Outstanding Checks: 1346 250.00~ 1361 ~362 1364 1365 1366 1370 1371 1372 1,352 55~ 1,600 269 05~ 1,397' 36~ 116 00~ 18 02~ 11 20 2,172 29~ ALEJANDRO CRESPO MENDIOLA BUILDING RAFAEL TAPANES CRISTINA T.'TAPANES RAFAEL TAPANES FOUNDATION HEALTH PLAN KINKO'$ DOMINOES ACCELERATED TECF/NOLOGIES ~2/~0/0~ ~/27/02 12/27/02 12/27/02 12/27/02 12/27/02 12/27/02 12/31/02 12/31/02 * Total ?, 186.47 501 03!03;2003 6:27 PM Form 1120S Department of the ~reasury lnterna~ Revenue Service U.S. Income Tax Return for an S Corporation ~Do not file this form unless the corporation has timely flied Form 2553 to elect to be an S corporation. · See separate instructions. OMB No. 1545-013£ 2002 For calendar year 2002. or tax ye. ar begin 3in~ . and endin~ Effective date ~ elect~on Name Number, street. & room or suite no_ (if a P.O. box, see pag~ 11 of the instr ) C Employer identification no. as an S corporazion Use ~RS REELIZATION,. INC. ... 65-0743097 1/01/99 label. D Date inoorporated Other- Busin~ssco~eno. wise, 100 MADEIRA AVENUE #2 .. 2/24/97 .... (see pages 29-31 ) print or City or town. st3te, and ZiP code E Tol~3i assets (see page 11 ) 541310 type. CORAL GABLES FL .3.3.134 ... $ 8,503 · 1 G Enter number of shareholders in the corporation at end of the tax )/ear ........................................................... Caution: Include only trade or business income and expenses on lines la through 21. See page 11 of the instructions for more information. la Grossrcpt. orsales i 206,2951bLessrtn-ar~al~wances I JcSal· lc/ 206r295 2 Cost of goods sold (Schedule A, line 8) ............................................................ Income 3 Gross profit. Subtract line 2 from line lc .......................................................... 206 ~ 2 95 4 Net gain (~oss) from Form 4797, Part Ii, line 18 (alt~ch Form 4797) ..................................... 5 Other income (loss) (attach schedule) .............................................................. 5 6 Total income {IossJ. Combine lines 3 through 5 .............................. '" ' ' ' '" ' .... · i I 2 06 · 2 95 7 Compensation of officers ......................................................................... i. 4 5 f 7 6 0 8 Salaries and wages (less employment credits) ...................................................... 3 8 ~ 15 3 9 Repairs and maintenance .......................................................................... 35 10 Bad debts ........................................................................................ 10 tl Rents ........................................................................................... 11f 21., 770 Deductions 12 Taxes and licenses ............................................................................. 12 5 4 7 13 Interest ........................................................... 13 14a Depreciation (if required, attach Form 4562) ............................ 1"~' I ............. ~ '/97'6 b Depredation claimed on Scheduie A and elsewhere on return ........... 14b c Subtract line 14b from line 14a ..................................................................... 'i4c 2 r 976 15 DeplefJon (Do not deduct oil and gas depletion.) ~5 16 Adve~sing ................................................................................. 16 17 Pension, profit-sharing, etc., plans ................................................................. t7 18 Employee benefit programs ........................................................................ 18 19 Other deductions (attach schedule) ..................................................... S.~...!. ~9 86 ~ 393 20 Total deductions. Add the amounts shown in the far dght column for lines 7 through 19 .............. · 20 195 r 950 21 Ordinar~ income (loss) from trade or business acti¥ilJes. S, btract line 20 from line 6 21 { 10,3 4 5 b Tax from Schedule D (Form 1120S) ................................... I J22b c Add lines 22a and 22b (see page 16 of the instructions for additional taxes) .......................... 22~ Tax deposited with Form 7004 ~ V c Credit for Federal tax paid on fuels (attach Form 4p61~, e. p.are d Add lines Z3a through 23c ................ 23, 24 st,, a,ed tax pena,t. . e ¢ro-A.-Crespo 2, 25 Tax due. If the total of lines 22c and 24 is larger than 4 of the instructions for depository method of payment ....................................... · 25 26 Overpayment. If line 23d is larger than the total of lines 22c and 24, enter amount overpaid .......... · 26 27 Enter amount of line 26 )/ou want Credited to 2003 estimated tax · Refunded ]Under~e~a~6es~perj~ry~ec~rethat~haveexaminedthisretum~inciudingacc~mpany~ngschedu~es ~ May the iRS discuss this r tn. with the prepar_r I and statements~w, ar~l to the best of my knowledge and belief, it is true, correct, and complete. Dec~ra~Jon ' t .bi~l~3ture.,,o. omce~'" Z Da~6 T'~ / Preparers k ' Date / C~eckif I Preparer'sSSNOrPTIN tr~e*a'.ur~ i 3/03/0~ se,,-~mp,ey~ ~ I 261-06-2360 i Firm's name (or yours ~T.~.Jz~'D~:~.O A. CI~SPO & CO. I EIN 59-2206071 I ifseif~~mployed), ~1~ 9260 S.W. 72ND STREET, SUITE #117 ~ho,~no a~s~.a~Z~oo~er :MTAMT~ FL 33173 i 305-27~-3094 (see page 12 of the instru~ion, s for limitations) Tax and Payments Sign Here Paid Preparer's Use Only 501 03!03/2003 6:27 PM Form 1120S (2002) .SchedUle A REELIZA, TIONr INC. 65-0743097 Page2 Cost of Goods Sold (see page 17 of the instructions) 1 inventory at beginning of year ........................................................................ 1 3 Gost of labor ............................................................................................... 4 Additional section 263A costs {attach schedule) .............................................................. 5 Other costs {atemch schedule) ......................................................................... $ lotal. Add tines 1 through 5 ................................................................................. 7 InYento~ at end of gear ............................................................................... 8 Cost of goods sold. Subtract line 7 from line 6. Enter here and on page 1, line 2 .................................... 9a Check all methods used for valuing closing inventory: (il ~, Cost as described in Regulations section 1.471-3 (ii) L~ Lower of cost or market as described in Regulations section 1.471-4 (iii)U Other (specify method used and attach explanation)· b Check if there was a writedown of "subnormal" goods as described in Regulations section 1.471-2(c) .......................................... · c Check if the LIFO inventory method was adopted this tax year for any goods (if checked, attach Form 970) .................................... · d If the LIFO inventory method was used for this tax year, enter percentage (or amounts) of closing inventory computed under LIFO e Do the rules of section 263A (for property produced or acquired for resa,e) apply to ~he corporation? ............................. ~Yes ~No f Was there any change in determining quantifies, cost, or valuations between opening and closing inventory? ..................... = Yes No if "Yes," attach explanation. scheduleB Other Information Y~;'I ~'o 1 Check method of accounting: (a)U Cash (b) ~ Accrual (c) ~ Other (specify) · ...................................... 2 Refer tc the list on pages 29 through 31 of the instructions and state the corporation's principal: (a) Business activity.· ..... ..A~. 7a~T.Z..C..T.S ............... (b) Product or service· ......... .S.E.~..'~.Z.CE. ................... 3 Did the corporation at the end of the tax year own, directly or indirectly, 50% or more of the voting stock of a domestic corporation? (For rules of attribution, see section 267(c).) If "Yes," attach a schedule showing: (a) name, address, and employer identification number and (b) percentage owned __ 4 Was the corporation a member of a controlled group subject to the provisions of section 15617 ~. 5 Check this box if the corporation has flied or is required to file Form 8264, Application for Registration of a Tax Shelter · E~ 6 Check this box if the corporation issued publicly offered debt instruments with original issue discount · U :'-" If so, the corporation may have to file Form 8281, information Return for Publicly Offered Original Issue Discount instruments. 7 If the corporation: (al was a C corporation before Jt elected to be an S corporation or the corporation acquired an asset with a basis determined by reference to its basis (or the basis of any other property) in the hands of a . C corporation and (b) has net unrealized built-in gain (defined in section 1374(d)(1 )) in excess of the net recognized built-in gain from prior years, enter the net unrealized built-in gain reduced by net recognized built-in gain from pdor years (see page 17 of the instructions) .............................................................. · $ 8 Check this box if the corporation had accumulated earnings and profibs at the close of the tax year (see page 18 of the instructions) ...................................................................................... · 9 Are the cc~-poration's total receipts (see page 29 of the instructions) for the tax year and total assets at the end of the tax year less than $250,000? if "Yes," the corporation is not required to complete Schedules L and M-1 X Note: If the corporation had assets or operated a business in a foreign country or U.S. possession, it may be required to attach Schedule N (Form 112,0}. Foreig0, Operations of LI..S. Corpora§ons~ to this return. See Schedule N for details. SChedule K Shareholders' Shares of Income, Credits, Dedu .ctions, etc. (a) Pro rata share items {b) Total amount I Ordinary income (loss) from trade or business activities (page 1, tine 21) ........................... I ~ 1 0,3 4 5 2 Net income {loss) from rental real estate activities (attach Form 8825) .............................. 2 3a Gross income from of.her rental activities .................... b Expenses from other rental activities (attach schedule/I 3b] :"' c Net income (loss) from other rental activities. Subtract line 3b from line 3a 3c 4 Portfolio income {loss): Income a Interest income ............................................................. 4a (Loss) b Ordinary dividends ................................................................. 4b c Royalty income ......................................... 4c j d Net short-term capitai gain (loss) (attach Schedule D (Form 1120S)) ........................ 4d e (1) Net long-term capital gain (loss) (attach Schedule D (Form 11208)) 4e(1 Qualifi~:~ ........................... (2) 28% rate gain (loss) · (3) 5-yeargain · f Other portfol~ income (loss) (attach schedule) 4f 5 Net section 1231 gain (loss) (other than due to casuai~/, or theft) (attach Form 4797) ................ i 5 6 Other income (Joss) (attach s.chedule} ...... , ..... .,., ....... , . 501 03/03/2003 6:27 PM Form 1120S (2002) REELIZATION, INC. 65-0743097 Paqe 3 Schedule K Shareholders' Shares of Income, Credits~ Deductions~ etc. (continued) :(a) Pro rata share items (b) Total amount 7 Charitable contributions (attach schedule) 7 Deductions 8 Section 179 expense deduction (attach Form 4562) .......................................... 8 5 9 Deductions related to portfolio income (loss) (itemize) ......................................... 9 10 Other deductions (aEach schedule) 10 Invest- 11a Interest expense on investment debts 11a merit ........................................................ Interest b (1) Investment income included on lines 4a, 4b, 4c, and 4f above ................................ 11b(1) (2) Investment expenses included on line 9 above ....................................... 11b(2) 12a Credit for alcoho~ used as a fuel (attach Form 6478) ............................................... 12a b Low-income housing cT, edit: ' (1) From partnerships to which section 420)(5) applies ....................................... 12b(1) (2) Other than on line 12b(1 ) ................................................................. 12b(2) Credits c Qualified rehabilitatJon expenditures related to rental mai estate activities (attach Form 3468) .................... 12C ¢1 Credits (other than credits shown on lines 12b and 12c) related to rental real estate activities 12d e Credits related to other rental activities 12e 13 Other credits ................................................................................ 13 14a Depreciation adjustment on property placed in service after 198~ 14a - 98 9 Adjust- · .................................. b Adjusted gain or loss ........................................................................... 14b ments c Depletion (other than oil and gas) 14c and Tax ............................................................... d (1) Gross income from oil, gas, or geothermal properties 14d(1)i Preference .......................................... Items (2) Deductions allocable to oil, gas, or geothermat properties ...................................... 14d(2) ! e Other adjustments and tax preference items (attach schedule) ....... , ..... . ..... . ..... 14e 15a Name of foreign country or U.S. possession · b Gross income from aJt sources 15b c Gross income sourced at shareholder level 15c d Foreign gross income sourced at corporate level: : " (1) Passive 15d(1) (2) Listed categories (attach schedule) ....................................................... 15d(2) (3) General limitation ....................................................................... 15d(3) Foreign e Deductions allocated and appo~oned at shareholder level: ; ' Taxes (1) interest expense ......................................................................... 15e{I) (2) Other.................................................................................. f Deductions allocated and apportioned at corporate level to foreign source income: (1) Passive 15f(1) {2) Listed categories (attach schedule) ....................................................... 15f(2) (3) General limitation 15f(3) h Reduction in taxes available for credit {attach schedule) 15h 16 Section 59(e)(2) expenditures: a Type · b Amount · 16b 17 Tax-exempt interest income 17 18 Other tax-exempt income 18 lg Nondeductible expenses ................................................................. 19 I, 4 17 Other 20 Total property distributions (including cash) other than dividends reported on line 22 below ......... 20 4 2,0 8 8 21 Other items and amounts required to be reported separately to shareholders (attach schedule) 22 Total dividend distributions paid from accumulated earnings and profits 22 23 Income (loss). (Required only if S6hedule M-1 must be completed.) Combine lines I through 6 in column [b}. From the result, subtract the sum o.f lines 7 throu[~h 11a 15,q, and 16b .......... , , 23 I 4, 9 12 Form 1120S (2002; 501 03!03/2003 6:27 PM Form 1120S(2002) REELIZATION, INC. 65-0743097 Page 4 Note: The corporation is not required to complete Schedules L and M-1 if question 9 of Schedule B is answered "Yes." Schedule L Balance Sheets per Books Beginnin~l of tax year End of tax ,yea: Assets . (a) (b} (c} (d) b Less allowance for bad debts 4 U.S. Government obligations , - · - ~- ~ ' 7' Loans to shareholders .......... · : :: - ~ , 6 f 100 $ Mortgage and real estate loans .' 9 Other investments ....................... i.:" . .. - lOa Buildings and othe~depreciable assets .... 2~ f ~98 :' i. i .i: .. 'i- :.. _ 32 ~ ~'1 b Less accumulated depreciation 1 9,3 15 7 ~ 5 8 3 2 7 ~ 7 2 4 4 r 6 0 7 b Less accumulated depletion 12 Land (net of any amo~zation) · ' -: .... i: . ~ : " 13a Intangible assets (amortizable only) ...... i b Less accumulated amortization 15 Total assets ~ 42 ~ J. 47 ~ ~ 503 25 Ad)ustments to shareh~ders' .... '.:: ......... 42,147: : : 8,503 Schedule.M;1 Reconciliation of Income (Loss) per Books With Income (Loss))er Return I Netincome (Ioss) perbooks 3 ~ 495 $ Income recorded on books this year not included 2 [~come included on Schedule K. tines 1 on Schedule K, lines 1 through 5 (itemize): through 6, not recorded on books this a Tax-exempt interest $ year (itemize): 6 Deductions included on Schedule K, lines 3 Expenses recorded on books this year I through 1 la, 15g, and 16b, not charged not included on Schedule K, lines ! against book income this year (itemize): through 1 la, 15g. and 16b (itemize): a Depreciation $ a Depreciation $ b Travel and ................................. entertainment $ ............ I¢ .4.1~ 7 Add lines 5 and 6 .... 1 ~ ,~ 1 7 8 Income (loss) (Schedule K, line 23). Line 4 less 4 Add lines 1 throu~lh 3 ............... 4 ~ 912 line 4,912 SChedule M-2 Analysis of Accumulated Adjustments Accounl 0~h;; 'Adjus-trnen'~ ACCoUnt,. "'~d Shareholders' Undistributed Taxable Income Previously Taxed (see page 26 of the instructions) Balance at beginning of tax year ....... Ordinapy income from page I. line 21 Other additions Loss from page 1. line 21 Other redu~ions S~r~ 4 Combine lines I through 5 Distributions other than div. distributions Balance at end of tax },ear. ,Subtract iF. 7 from In 6 Accumulated ' (1~) O~e~c~l~Sn,~ments I {c) ~re~ers' u~istdbCed -- lustiness ~unt mxaDie i~me o~v~usb taxed 38 , 754 10,345 '. - 42,249 42~088 161 ' ~01 03!03/2003 6:27 PM SCHEDULE K-1 (Form 1120S) Department of the Treasury I Interne! Revenue Service i beginnin(~ Shareholder's identifyin~l number· 593-28-3508 Shareholder*s name, address, and ZIP code Shareholder's Share of Income, Credits, Deductions, etc. OMB No. 1545-0130 · See separate instructions. For calendar year 2002 or tax year 2002 ~ and endin~ Corporation's identif~in~ number · 6 5 - 0 '7 4 3 0 9'7 Corporation's name, address, and ZIP code FL 33134 RAFAEL TAPANES 1249 MEDINA AVENUE CORAL GABLES REELIZATION, INC. 100 MADEIRA AVENUE #2 CORAL GABLES FL 33134 A Shareholder's percentage of stock ownership for tax year (see instructions for Schedule K-1) · 100. 000000% B Internal Revenue Service Center where corporation flied its return· .......... O~DF_~.,.' .U.T... 8.4. 2. Q!. .................................... c Tax shelter registration number (see instructions for Schedule K-l) · D Check applicable boxes: (1) ["] Final K-1 (2) ~ /~e~ed 'K-1 ........................................................... (a) Pro rata share items '(b) Amount (c) Form 1040 filers enter the amount in column (b) on: 1 Ordinary income (toss) from trade or business activities .......... I 1 0 ,, 3 4 5 -- See page 4 of the 2 Net income (loss) from rental real estate activities ............... 2 I~ Sherehelder's Instructions for 3 Net income (loss) from other rental activities 3 Schedule K-1 (Form 1120S) 4 Portfolio income (loss): :c- 4;_:.~., -- a Interest 4a Sch. B, Part I, line 1 b Ordinary dividends ........................................ 4.b Sch_ B, Pad tt, line 5 c Royalties ...................................................... 4c Sch. E, Pad l, line 4 Income d Net short-term capital gain (loss) .................................. 4d Sch. D, line 5, col. (0 (Loss) e (1) Net long-term capital gain (toss) ............................... 4e(1) Sch. D, line 12, cot. (fi (2) 28% rate gain (loss) ......................................... 4e(2) Sch. D, line 12, col. (g) Line 5 of worksheet for (3) Qualified 5-year gain ......................................... 4e(3) Sch. D, line 29 f Other portfolio income {loss) (attach schedule) 4f (Enter on applicable In. of your rtn.) See Sharehoide,~s Instructions 5 Net section 1231 gain (toss) (other than due to casualty or theft) ...... 5 for Schedule K-1 (Form 1 6 Other income (loss) (attach schedule) ............................. 6 (Enter on applioable tn. of)'our rtn.) 7 Charitable contributions (attach schedule) ....................... 7 Sch. A, line t5 or 16 8 Sec'don 179 expense deduction 8 5 t 4 3 3 See pages 5 and s of the Deductions .................................... 9 Deductions related to portfolio income (loss) 9 ~"Sharehoider's Instructions for 10 Other deductions (attach schedule) .............................. 10 _ Schedule K-1 [Form 1120S). Investment 11a Interest expense on investment debts ............................. 1 la Form 4952, iine 1 b (1) Investment income included on lines 4a, 4b, 4c, and 4f above 11b(1 ~ See ShareholdeUs Instructions Interest (2) Investment expenses nc uded on tine 9 above ........... , ..... tlb(2 Jfor Schedule K-1 (Form 1120S). 12a Credit for alcohoi used as fuel 12a Form 6478, line 10 b Low-income housing credit: .... ~. '~ (1) From section 420)(5) partnerships .......................... 12b(1', · Form 8586, line 5 (2) Other than on line 12b(1) ................................... 12b(2', c Qualified rehabilitation expenditures related to rental real estate Credits activities ......................................... 112c See pages 6 and 7 o; the d Credits tother than credits shown ~n I~nes 12b and 12c) re~ated t Ii~Sharehelder's Instructions for tO rental real estate activities ................................ i.12d i ~ Schedule K-I (Form 1120S) e Credits related to other rental activities 12e For Paperwork Reduction Act Notice, see the Instructions for Form 1120S. Schedule K-1 (Form 1120S) 2002 501 03~03~2003 6:27 PM RAFAEL TAPANES Schedule K-1 (Form 1120S12002 REELI ZATION, INC. (a) Pro rata share items Adjust- ments and Tax Prefer- erlce Items Foreign Taxes Other 14a Depreciation adjustment on properly placed in service after 1986 b Adjusted gain or Loss c Depletion (other than oil and gas) d (1) Gross income from oil, gas, or geothermal properties ............... (2) Deductions allocable to oil, gas, or geothermal properties e Other adjustments and tax preference items 15a Name of foreign country or U.S. possession b Gross income from all sources c Gross income sourced at shareholder level d Foreign gross income sourced at corporate level: (1) Passive (2) Listed categories (attach schedule) ............................... (3) General limitation e Deductions allocated and apportioned at shareholder level: (~) Interest expense ............................................ (2) Other f Deductions allocated and apportioned at corporate level to foreign source income: (1) Passive (2} Listed categories (attach schedule) ............................... (3} General limitation g Total foreign taxes (check one):· 'B' Paid ~ Accrued h Reduction in taxes available for credit fattach sch.) 16 Section 59(e)(2) expenditures: a Type · b Amount 17 Tax-exempt interest income 18 Other tax-exempt income 19 Nondeductible expenses ............................................ 20 Property distributions (including cash) other than dividend distributions reported to you on Form 1099-DIV 21 Amount of loan repaymen[s for "Loans From Shareholders". ............ 22 Recapture of Iow-income housing credit: a From section 42(j)(5) partnerships b Other than on line 22a 593-28-3508 65-0743097 Paae 2 (b) Amount -989 (c) Form 1040 filers enter the amount in column (b) on: --~See page 7 of the Shareholder's Instructions for Schedule K-1 (Form 1120S) and i Instructions for -J Form 6251 Form 1116, Part Form, 1116, Part ti See Instructions for Form 1116 See Shareholder's InstrucC~ions for Schedule K-1 (Form 1120S). Form 1040, line 8b I See page 7 of the Shareholder's Instrugtions for Schedule K-1 42 (Form 1!20S). 8611, line 8 S e m e n t a I 23 Supplemental information required to be reported separately to each shareholder (attach additional schedules if more space is needed): 501 03/03/2003 6:27 PM Form 4562 Department of the Treasury Internal Revenue Service Depreciation and Amortization (Including Information on Listed Property) See separate instructions. ~' Attach to ),our tax return. Narne(~) shown on return REELIZATION, INC. Business or activin- to which this form relates REG~ DEPRECIATION OMB No. 1545-0172 2002 Attachment Secluenc~ NO. 67 Identifying number 65-0743097 Part I Election To Expense Certain Tangible Property Under Section 179 Note: If you have any listed property, complete Part ¥ before you complete Part t. I Maximum amount. ,See page 2 of the instructions for a higher limit for certain businesses ............................. 2 Total cost of section 179 property placed in se, vice (see page 2 of the instructions) 3 Threshold cost of section 179 property before reduction in limitation ........... 4 Reduction in limitation. Subtract line 3 from line 2. If zero or less, enter -0 5 Doliar limitation for tax ~/ear. Subtra~ line 4 from line 1. If zero or less, enter -0- If married filin~ se~paratel¥, see p~. 2 of the instr. (a) Description of property I {b) Cost (business use on,N) I (c) Elected cost 6 FURI~ITURE & FIXTURES 1,9001 I, 900 OFFICE EQUIPMENT I 3,5331 3,533 7 Listed property. Enter the amount from line 29 .................................. 8 Total elected cost of section 179 property. Add amounts in column (c), lines 6 and 7 ................................ 9 Tentative deduction. Enter the smaller of line 5 or line 8 ................................................. 10 Carryover of disallowed deduction from line 13 of your 2001 Form 4562 ........................................ 10 11 Business income limitation. Emer the smaller of business income (not less than zero) or line 5 (see instructions) 12 Section 179 expense deduction. Add lines 9 and 10, but do not enter more than line 11 ............................ [ 12 13 Carryover of disallowed deduction to 2003. Add lines 9 and 10, less line 12 Note: Do not use Part II or Part III below for listed property. Instead, use Part V. Part 11 Special Depreciation Allowance and Other Depreciation (Do not include listed property.) 14 Special depredation allowance for c~uaiified prop. (other than limed prop.) placed in serzice during the tax .Year (see pg. 3 of the instr.) J 14 15 Property' subject to section 168(0(1 ) election (see page 4 of the instructions) J 15 16 Obher depreciation (includin9 ACRS) (see page 4 of the instructions) ...... -,- -,.,- ,,. ...... ,,., ,, J 16 Part III MACRS Depreciation (Do not include listed property.) (See page 4 of the instructions.) Section A 24,000 5,433 200,000 0 24,000 5,433 5,433 24,000 5,433 17 MACRS deductions for assets placed in service in tax years beginning before 2002 ................................ J 17: J 2 r 9 7 6 18 If you are electing under section: 68(i)(4) to group any assets placed in se~ice during the tax I _ year into one or more general asset accounts, check here II~ ~ Section B-Assets Placed in Service During 2002 Tax Year Usin~J the General Depreciation System (a) Ciassif~-.ation of property j (b) Month and (c) Basis for depredation (d) Recovery (e} Convention (f) Method ! (g) Depreciation deauction ~ year placed in (business/investment use period i service only-see instruct~n8 ) 19a 3-year property , i:: ::' J b 5-year properb/ I c 7-year propeR' J d lO-year property i .i · e 15-year property' 1 f 20-year property J J ~1 25-year property~J 25 yrs. J S/L h Residential rental ! 27.5 yrs. J MM S/L properb.¢ ! J 27.5 yrs.J MM S/L i Nonresidential reai i ~ 39 ~/rs. j MM S!L J Section C-Assets Placed in Service Durin~l 2002 Tax Year Usincj the Alternative Depreciation System 20a C,asslife J 'J J J S/L 2-year i I j 2 rs. ! S/L c 40-year ( J J 40 yrs. MM ti SiL Part IV Summary (see paqe 6 of the instructions) 21 Listed property. Enter amount from line 28 ! 21 22 Total. Add amounts from line 12, lines 14 through 17, lines 19 and 20 in column (g), and tine 21. J Enter here and on the appropriate lines of your return_ Partnerships and S corporations-see instr. · ............. ti 22 23 For assets shown above and pisced in se~ice during the current year, J j enter the portion of the basis attributab!e to secdon 253A costs j 23 For Paperwork Reduction Act Notice. see separate instructions. 2,976 4562 {2002) 501 REELIZATION, INC. 65-0743097 FYE: 12/31/2002 Federal Statements 3/3/2003 6:27 PM Statement 2 - Form 1120S, Page 4, Schedule L, Line 14 - Other Assets Beginning End Description of Year of Year DEPOSITS $ 557 $ 557 TOTAL $ 557 S 557 Statement 3 - Form 1120S, Page 4, Schedule L, Line 18 - Other Current Liabilities Beginning End Description of Year of Year PAYROLL TAXES PAYABLE $ 2,393 $ 1,983 DUE TO CREDIT CARDS 5,359 TOTAL $ 2,393 $ 7,342 Statement 4 - Form 1120S, Page 4, Schedule MS, Line 5(a) - Other Redu~ions Descdption Amount DISALLOWED ENTERTAINMENT EXP $ 1,417 SEC 179 EXPENSE 5,433 TOTAL $ 6,850 501 REELIZATION, INC. 65-0743097 FYE: 12/3112002 Federal Statements 3/3~2003 6:27 PM Statement 1 - Form 1120S, Paqe 1, Line 19 - Other Deductions Description AUTO EXPENSES BANK CHARGES CONTRACT SERVICES DUES INSURANCE MARKETING FEES OFFICE EXPENSES PAYROLL TA~XES POSTAGE PROFESSIONAL FEES SUPPLIES TELEPHONE TRAVEL UTILITIES 50% OF MEALS & ENTERTAINMENT TOTAL Amount $ 4,758 6O c 555 961 1,308 2,000 13,616 6,914 1,343 1,4 31,922 3, 670 5,85~ , ~9 1,417 $ 86,393 501 REELIZATION, INC. 65-0743097 FYE: 12f31/2002 Federal Statements 3~3/2003 6:27 PM Form 1120S, Page 3, Schedule K, Line19-Nondeductible Expenses Description Amount PAGE ! MEALS/ENTERTAINMENT $ 1,417 TOTAL $ 1,417 ALEJANDRO A. CRESPO & CO. 9260 S.W. Y2ND STREET, SUITE #117 MIA/~I, FL 33173 REELiZATION, INC. I00 MADEirA AVENUE #2 CORAL GABLES FL 33134 REELIZATION, INC. (INCOME TAX BASIS) STATEMENT OF REVENUES AND EXPENSES FOR THE TWELVE MONTHS ENDED DECEMBER 31, 2001 Year to Date Actual Percent FEES INCOME OPERATING EXPENSES AUTO EXPENSES BANK CHARGES CONTRACT SERVICES DEPRECIATION DONATIONS DUES AND SUBSCRIPTIONS ENTERTAINMENT EQUIPMENT MAINTENANCE INSURANCE LICENSES AND TAXES OFFICE EXPENSES OFFICE SALARIES OFFICERS' SALARIES PAYROLL TAXES POSTAGE PROFESSIONAL FEES RENT SUPPLIES TELEPHONE T~VEL UTILITIES TOTAL OPERATING EXPENSES * NET INCOME OR (LOSS) $ 216,250.14 100.0 5,693.05 2.6 56.00 0.0 4,240.06 2.0 4,642.00 2.1 675.00 0.3 790.00 0.4 3,530.00 1.6 6,000.00 2.8 846.00 0.4 612.48 0.3 4,603.29 2.1 32,503.38 15.0 44,320.00 20.5 7,518.74 3.5 1,385.77 0.6 1,425.00 0.7 12,821.39 5.9 43,230.40 20.0 3,059.20 1.4 1,200.00 0.6 884.81 0.4 180,036.57 83.3 $ 36,213.57 16.7 FOR REELIZATION, INC. (INCOME TAX BASIS) STATEMENT OF REVENUES AND EXPENSES THE T~ELVE MONTHS ENDED DECEMBER 31, 2001 Year to Date Actual Percent Last Year Percent LY-Var L-Var % * FEES INCOME OPERATING EXPENSES ADVERTISING AUTO EXPENSES BANK CHARGES CONTRACT SERVICES DEPRECIATION DONATIONS DUES AND SUBSCRIPTIONS ENTERTAINMENT EQUIPMENT MAINTENANCE INSURANCE LICENSES AND TAXES OFFICE EXPENSES OFFICE SALARIES OFFICERS' SALARIES PAYROLL TAXES POSTAGE PROFESSIONAL FEES RENT REPAIRS AND MAINTENANCE SUPPLIES TELEPHONE TRAVEL UNIFORMS UTiLiTIES * TOTAL OPERATING EXPENSES NET INCOME OR (LOSS) $ 216,250.14 100.0 $ 115,423.41 100.0 716.68 0.6 5,693.05 2.6 4,504.48 3.9 56.00 0.0 72.00 0.1 4,240.06 2.0 2,625.25 2.3 4~642.00 2.1 5~383.00 675.00 0.3 850.00 0.7 790.00 0.4 1,615.70 t.4 3,530.00 1.6 i,496.22 6,000.00 2.8 846.00 0.4 612.48 0.3 1,001.3i 0.9 4,603.29 2.! 4,091.04 3.5 32,503.38 15.0 18,666.42 16.2 44,320.00 20.5 32,320.00 28.0 7,518.74 3.5 3,958.54 3.4 1,385.77 0.6 713.33 0.6 1,425.00 0.7 1~450.00 1.3 12,821.39 5.9 12,479.60 10.8 136.62 0.! 43,230.40 20.0 16,908.89 14.6 5~_ _.._]_.4 2,002~.i.1__._~ 1.7 . 0.6 767.85 0.7 884.8! 0.4 109.~2 180,036.57 83.3 113,107.44 98.0 $ 100,826.73 87.4 716.68 100.0 (1,188.57) (26.4) 16.00 22.2 (1,614.81) (61.5) 741.00 13.8 175.00 20.6 825.70 51.1 (2,033.78) (!35.9) (6,000.00) 0.0 (846°00) 0.0 388.83 38.8 (512.25) (12.5) (13,836.96) (74.1) (12,000.00) (37.1) (3,560.20) (89.9) (672.44) (94.3) 25.00 1.7 (341.79) (2.7) 136.62 100.0 (26,321.51) (t55.7) (1,057.09) (52.8) 38.58 3.1 767.85 100.0 (774.99) (66,929.13) (59.2) $ 36,213.57 16.7 $ 2,315.97 2.0 $ 33,897.60 1463.6 REEL!ZATION, INC. (INCOME TAX BASIS) STATEMENT OF ASSETS, LIABILITIES AND STOCKHOLDERS' EQUITY DECEMBER 31, 2001 ASSETS CURRENT ASSETS CASH $ 34,003.46 TOTAL CURRENT ASSETS $ 34,003.46 PROPERTY AND EQUIPMENT FURNITURE AND FIXTURES OFFICE EQUIPMENT ACCUMULATED DEPRECIATION 3,938.22 22,962.02 (19,315.00) TOTAL PROPERTY AND EQUIPMENT OTHER ASSETS DEPOSITS 557.30 TOTAL OTHER ASSETS TOTAL ASSETS 7,585.24 557.30 42,146.00 LIABILITIES AND STOCKHOLDERS' EQUITY CURRENT LIABILITIES PAYROLL TAXES PAYABLE 2,392.56 TOTAL CURRENT LIABILITIES STOCKHOLDERS' EQUITY COMMON STOCK DISTRIBUTIONS RETAINED EARNINGS iNCOME t~ ~OSS-) FOR PERIOD 1,000.00 (6,628.78) 9,168.65 36,213.57 TOTAL STOCKHOLDERS' EQUITY 2,392.56 39,753.44 TOTAL LIABILITIES AND STOCKHOLDERS' EQUITY $ 42,146.00 REELIZATION, INC. (INCOME TAX BASIS) STATEMENT OF ASSETS, LIABILiTiES AND STOCKHOLDERS' EQUITY SUBSIDIARY SCHEDULE DECEMBER 31, 2001 CASH BARNETT BANK $ TOTAL 34,003.46 $ 34,003.46 $ 3,887.20 (1,494.64) $ 2,392.56 PAYROLL TAXES PAYABLE W.H. TAXES PAYABLE PAYROLL DEPOSITORY TOTAL CLS 501.016 Run Date: 1/26/02 <A/C: 10301) REELIZATION, INC. Bank Reconciliation BARNETT BANK - 1596489310 Page: 1 P.E. Date: 12/~ '£ (12/3i/0i) Bank Activity Ledger Activity Begin Bank Balance Deposits from Statement Charges from Statement Ending Bank Balance Outstanding Checks(-) Deposits in Transit Other Additions Other Deductions(-) Adj. Bank Balance Unadjusted Checkbook Bal Correct Balance Adjustment Needed 18,767.64 66,425.51 48,060.08 37,133.07 3,129.61 0.00 0.00 0.00 34,003.46 0.00 34,003.46 34,003.46 Begin Ledger Balance Total Debit Activity Total Credit Activity Ending Ledger Balance Checks not Recorded(-) Deposits not Recorded Other Additions Other Deductions(-) Adj. Book Balance in Balance 16,808.77 66,425.51 49,230.82 34,003.46 O.OC O~OC 0.00 0.00 34,003.46 0.00 Open Bank Transactions Outstanding Checks: !016 84.00 1018 269.05 1019 1,797.36 102] 900.00 1022 79.20 Total 3,129.61 JP STUDIO/ADVERTISING CRISTINA T. TAPANES RAFAEL TAPANES RAFAEL TAPANES BARON MESSENGER SERV 12/28/0i 12/28/0i 12/28/01 12/29/01 12/29/01 ~:.:m 1120S U.S. Income Tax Return for an S Corporation ~1~Oo not file this form unless the corporation has timely flied Form 2553 to elect to be an S corporatio.~. Oepartment of the Treasury Internal Revenue Service ~'See separate instructions. For calendar year 200I. or tax year becjinning . ,. . and endinq B OMB No. 1545-0!30 2001 iRS REELIZATION, INC. 1/01/99 type.Other- label' Ii '1 Susinoss~deno wise, .1.00 MADEIR3% AVENUE ~2 (s~ p~ges 29-31 ) print or City or tab%m, sta~, and ZiP c~e 54~310 ~ CO~L GABLES FL 33134 F Check applicable boxes: (I) [] initial return (2) ~ Final return (3) ~ Namechange (4) Enter number of shareholders in the ~oration at end of the tax year C Employer identification no. 65-0743097 D Date incorporated 2124/97 E Tots! assets (see page 1 ~, ) G Caution: Include only t~de or business income and expenses on lines la through 21. See page 11 of the instructions for more informatfon. 2Z6r250JbLes$,t..aodal,n,.a.oes l jcBall~' l lc i Gross rcpt. or sales Gross profit. ,Subtract line 2 from line 1¢ ........................................................... Net §ain (loss) from Form 47g?, Pa~ It, line lg {attach Form 47g~) Other incom~ (toss) (attach schedule) 2 Income 3 4 5 6 7 8 9 10 11 Deduction.' 12 (see page 121 ~43a i,_struclions I c ~or 15 ~im, itations) 16 17 18 19 20 21 22 b C 23 'ax and b ~ayments c d 24 25 ~ 26 27 ;ign iere aid roparor's se Only $ .42 ~,147 Address change (5) L] Amended return I~ ! Total income (19ss). -Combine lines 3 through 5 Compensation of officers ...................................................................... Salaries sad wages ",~ ~ d~s~ employment credits) ................................................. Repairs and maintenance ................................................................. Bad debts ..................................................................................... Rents ................................................................................. [11 Taxes and licenses Interest nepredation fi, re uimd attach Form 4582) Depreciation claimed on Schedule A and elsewhere on return Subtract. line 14b from line 14a ............................................................... 14c Depletion (Do not deduct oil and gas depletion.) 15 Advertising 16 Pension, profit-sharing, etc., plans ............................................................ i- 17 Employee benefit proarams ................................................................... Other deductions (at. ch schedule) ................................................... S...~_ .~.. _ Total deductions. Add the amounts shown in the far right column for tines 7 through 19 ............ Ordinary income floss} from t~de or business activities. Subtract line 20 from line 6 2t a Excess net passive income tax (attach sch.) ................ !22al Tax: Tax from Scbeduie D (Form 1120S) ................................. Add lines 22a and 22b ,[see page 16 or the instructions for additional taxes) - ' ............................................. t ~;.-f-- :.:~ ....... ~.-. .....: ......... Payments: a 2001 estimated tax payments & amount applied from 2000 return Tax deposited with Form 7004 23b Add ~ . ., es 23a through 23c · Estimaled tax penalty. Check if Form, 2220 is a~ached ........................... Tax due. 216,250 216,250 216,250 44,320 32,503 12,821 612 4,642 82,698 177,596 38¢654 i 4 of the instructions for deposito~, method of payment .......................................... I~ I 25 i Overpa?ment If line 23d is larger than the tots! of iines 22c and 24. enter amount overpaid ........ ~ i 26 I Enter amount of line 26 you want: Credited to 2002 estimated tax ~' Refunded ]~ I 27 [ .~ _~ ....... . . ~ ..... ~ May the ~RS discuss this rtn. with the preparer am, ~..atem~_~qT.S: arid [o taeZg~e.~ of my Knew,edge and behe~. ~t ~s true. correct and complete. Declaration I ~ n of prepar/.)k~.the.~4h~,n~y.l~, ) is be, sad on aI, t information of which preparer Y, as any ~¢~o~tedo~. j shown below (see page 3)7 ~ Yes JJ No J re.fee's ~ Date ~ Check if PiepareIs SSN or "gqatu'e ' ~ ~ ~ I 3/05/0~ se~employed ~ i .. F~'~.~e(o, vo~ ~EJ~RO A. CRESPO & CO. ~ E~N 59'2206071 address, andZt~er ~I~ FL 33173 I 305-271-3094 ~r Paperwork Reduction Act Notice, see the separate instructions. Form 1120S (m0~) ~_-~..?_?.9~..~.0..0..~? REELIZATION, INC. 65 - 0743097 P~ge. 2. : S'~[ei::Ai':;;;: Cost of Goods Sold (see pa.,qe 16 of the instructions) I !nventory at beginning of year .................... b I i 3 Co.~t of labor ............................................................................................ 4 Additional section 263A costs (attach schedule) ............................................................ 5 Other costs la,ach schedule) .................................................................... ~. 5 I 7 Inventory at end of year .................................................................................... 8 Cost of goods sold. Subtract line 7 from line 6. Enter here and on page 1, line 2 .......................... 9a Check all methods used for valuing closing inventory: ti) L-J Cost as described in Regulations section 1.471-3 ¢,, ,J~ Lower of cost or market as described in Regulations section I 471-4 (ii0 ~ Other (specify method used and attach explanation)l~ b Check if there was a writedown of "subnormal" goods as described in Regulations section 1.471-2(c) c Check if the L)FO inventory method w~s adopted this tax year for any goods (i~ checked, a~ach Form 970) ............................ d tf ti~e LIFO inventory method was used for this tax year, enter percentage (or amounts) ot closing inventory computed under LiFO e Do the rules of section 263A (for property produced or acquired for resale) appiy to the corporation? ........................ Yes ~ , No f Was there any change in determining quantities, cost, or valuations between opening and closing inventory'? Yes i ! No .., If "Yes," atto, ch explanation_ 2 Refer to the !,st on pages 29 through 31 or the ,nstructio~-~s and state the corporation's principal: ..Did the corporation at the end of the tax year own, directly or indirectly, 50% or more of the voting stock of a domestic 3 corporation? (For rules of attributicn, see section 267(c).) tf "Yes," attach a schedule showino: la) name, address, and I I ~. employer identification number and (b) percentage owned ............................................................... 4. Was the corporation a member of a controlled group subject to the provisions of section 15617 ........................................... I X... 5 Sh.~,terC~eck this box if the corporation has filed or is required to file Form 8264, App,ication for Registration of a T~x ' L~I'-] l~i;~ii~iii!ii! !:.::-.::'-~:~- :.: 6 Check this box if the corporation issued pubticly offered debt instruroents with odgina issue d scount ........................ I~ L J!?!~;i:i'::~ii!~ If so. the corporation may have to file Form 8281, information Return for Publicly Offered Original Issue Discount Instruments. ~ 7If the corporation: la) filed its election to be an S corporation after 1986, (b) was a C corporation before it elected to be an S corporation or the corporation acquired an asset with a basis determined by reference to its basis (or the basis of any other proDeW¢) in the hands of a C coraoration, and lc) has net unrealized built-in gain (defined in section 1374(d)(1 )) in excess of the net recognized built-in gain from prior years, enter the net unrealized builtqn gain reduced bynetrecognizedbuilt-ingainfromprioryears(seepagelToftheinslruotions) ...... I~$ .. ~I!i!i.!ill .i: 8 Check this box if the corporation had accumulated ea mings and pro,ts at the ciose of the [ex year (see page 18 of the instructions) .......................................................................................... ~' ~ ~ote: If the corporation had assets or operated a business in a foreign country or U.S. possession, it may be required to attach ichedule N (Form 1120), Forei,~n Operations of U.S. Corporations to this return. See Schedule N for details. ! ;~Eh~]~ii!~iii:ii:! Shareholders' Sh.ar.e.s of Income, Credits, O_e.d~ctions, etc... ,{a) Pro rata share items Ordinary income (ioss} from trade or business activities (gage 1, line ~1 ¢ 2 Net income (loss) from rental real estate activities (attach Form 8825) b Expenses from other rental activities (attach schedule) c Net income (loss) from ether rental activities. Subtract line 3b from line 3a 4 Portfolio income (toss): Interest income .................................... icome Total amount 38,65~ f 5 6 Ordinary dividends Royalty income ......................................................................... Net short-term capital gain (foss) (attach Schedule D (Form 1120S)) (1') Net ton§-term capital gain (Ioss'~ la,tach Schedule D (Form 1120S)} ' ' Qualified .............................. (2) 28% rate gain (loss) I~ (3) 5-year gain [ Other podf. olio income (loss} (attach schedule} Net section I23~ gain (loss) (other than due to casualty, or theft) (attach Form 4797) , 4e(~)t Other income (toss} (attach schedule) ..................... , ...... . ........... Form 1 !20S (r2001) REELIZATION, INC. 65-0743097 =drm 11'20S (200!) :.'~~ii;J~iii:i:-i:-i Shareholders' Shares of Income~ Credits, Deductions, etc. (continued) I (a} Pro rata share items 7 Charitable contributJons (attach schedule) .............................. St..mt. Deduction 8 Section I79 expense deduction (attach Form 4552) 9 Deductions related to portfolio income (loss) (itemize) 10 Other de.d.,uctions (a.,~!ach schedule) ..................... , ................................ 11a Interest expense on nvestment debts Pac~e: (b) Total amoun: 675 Invest- ment Interest Credits Adjust- ments and Tax Preference Items Foreign Taxes )ther (1} Investment income included on lines 4a, 4b: 4c, and 4f above (2) In,~estment expenses included on tine 9 above 12a Credit for alcohol used as a fuel (attach Form 6478) b Low-income housina credit: (!) From partnerships to which section 42(j)(5) applies .......................................... (2) Other than on line 12b(1) ................................................................ c Qualified rehabiiitation expenditures retated to rental rea! estate ac!ivifies (attach Form 3468) ................ d Credits (other than credits shown on lines 12b and 120) related to rental real estate adivities ..................... e Credits related to other rental activities ......................................................... 12b(2} ~ 12c 13 Other credits 14a b c d I 14a Depreciation adjustment on property placed in service after 1986 ................................... t 14b I Adjusted gain or loss ........................................................................ Oep'eti°n (°that than' °ii arid 9as) ................................................. i ~ (1) Gross income from oil, gas, or geothermal properties ....................................... I 1) (2) Deductions allocable to oil, gas, or geothermal properties .................................. ~ ~4d(2) e Other adjustments and tax preference items (attach schedule 15a Name of foreign country or U.S. possession ~' b Gross income from all sources c Gross income sourced at shareholder lave! d Foreign gross income sourced at COrporate level: {1 ) Passive (2) Listed categories (attach schedule) ............................................... (3) General limitaticn e Deductions allocated and apportioned at shareholder level: (1} fn,'.erest expense .......................................................... {:2) Other f Deductions allocated and apportioned at corporate level to foreign source income: (1 } Passive (2) Listed categories (attach schedule) ........................................................ (3) General limitation h Reduction in taxes available for credit (attach schedule) 16 Section 59(e)(2) expenditures: a Type ~' b Amount 17 Tax-exempt interest income .................................................................... ~ 8 Other lax-exempt income ............................................................... 19 Nondeductible expenses 20 Total property distributions (including cash) other than dividends reported on line 22 below 21 Other items and amounts required to be reported separately to shareholders (attach 22 To!a! dividend distdbuti3ns paid from accumulated earnings and profits ........................... 23 Income (loss). (Requir,~f only if Schedule M-1 must be completed_) Combine lines 1 through 664 1,765 6,629 37,979 Fo'mn 11208 (2001) i Depa~ment Df ~!16 Yreas~.:ry Interne! Revenue Ser¢:c~ Sh .... older% ;denti~ing number ~ 593 -28-3508 Shareno!der's name. address, and ZIP code Shareholder's Share of Income, Credits, Deductions, etc. i OMB.o. ~545-0t30 ~ See separate instructions. For calendar year 2001 or tax year ~ and endin~l .... Corporation's identiCyinO number~' 6 5 - 0'7 4 3 0 9 7 Corporation's name, address, and ZiP code 33134 ?J~FAE L TAPANES 1249 MEDINA AVENUE CORAL GABLES REELIZATIOI~, INC. 100 MADEIRA AVENUE #2 CORAL GABLES FL 33134 A S.hareholders percentage or stock ownership for tax year (see instructions for Schedule K-l) .................... t~ =1= O Q :. _0_0.0.0_0 (~ B interne! Revenue Service Center where corporation filed its return · ...... O.cJ'_d...e.l-~..,....u~.....8.~. ~ .0. 1. .................................... C ]'a.< sheiter registration .~umber (see instructions for Schedule K-l) ....................................... · ................. D income (Loss) Deductions Check applicable boxes: (1} ~ Fina!K-1 {2) ?] Amended K-1 (a) Pro rata share i!ems I Ordinary income (loss) from trade or business activities ............ 2 Net income (loss) .from rental real estate activities ' I 2 3 Net income (loss) from other renta! activities 4 Portfolio income (loss): a Interest ..................................... Ordina~ dividends ............................................. b f Royalties Net short-term capitat gain (loss) ............................. (1) Net tong-term capital gain (loss) .............................. (2) 28% rate gain (toss) ...................................... (3} Qua!tried 5-year gain Other portfoiio income (loss) (attach sc.hedule) .................... 4c .4e{2) 4e(3) 4f Net section 1231 Gain (loss) (other ihan due ~o casualty or the~) .... t[ 5 O~er income (loss) fattach schedule) ............................ I 6 7 Chadtab!e cor~tdbutions (attach schedule) I 8 Sec~on 179 expense deduction 8 9 Deductions related to portfolio income (loss) ..................... 10 Other deductions (at:ach schedule) .............................. 11a Interest expense on investment debts | t ~a b (1} Investment income included on lines ............................ 4a, 4b, 4c, and 4f above [[11b(1 (2) investment expenses included on line 9 above Illb{2 12a Credit for alcohol used as fuel b Low-income housing credit: (I) From section 42(j){5) partnerships ........................ (2) Other than on line 12b(1) .................................... c Qualified rehabilitation expenditures related to rental real estate 12b(~1 (b) Amount 38,654 Investment Interest (c) Form 1040 filers enter the amount in column (b) on: See page 4 of the Shareholder's Instructions for Schedu e K-1 (Form 1!20S) Sch. 13, Par~ I, line I Sch. B. Part II, line 5 Sch. E, Part I, line 4 Sch. D, line 5, col. (fl Sch. D, line 12, col_ (fl Sch. D, line 12, col. (gl Line 4 of worksheet for Scl}. 0, line 29 (Enter on applicable In. of your rtn.) See Sharehokier's Instructions for Schedule K-i {Form 1120S~. (Enter on applicable In. of your ¢.n.) Sch. A, line 15or 16 t See page 6 of the Sharehoidei"s Flnstructions for Schedule K-I J (Form 1120S). Form ~952, iine I k See Shareholder's Instructions Flor Schedule K-1 (Form 1 ]Form 6478, tine 10 l_j~ Form 8586, line 5 Credits activities Credits (other than credits shown on lines 12b and 12c) related to rental real estate activities e Credits related to o.~her rental activities 13 Other credits :or Paperwork Reduction Act Notice, see the Instructions for Form 1120S. 12d 1 ~2e ' See pages 6 and 7 of (he i~Shareholders Instructions for Schedute K-1 (Form 1120S). Schedule K-1 (Form 1120S) 2001 DA.& RAFAEL TAPANES REEL!ZATION, IlqC. (a) Pro rata share items Amount ence items Foreign Taxes Depreciation adjustment o;: property placed in sep¢ice after 1986 ....... Adjusted gain or loss Depletion (other than Git and gas) ............................... (I ~ Gross income from oil, gas. or Geothermal properties ............ {2) Deductions ailocable to oil, gas, or geothermal properties ......... Griper adjus~m, ents and tax preference items 't 5a Nsme of forei§n country or U.S. possession Gross income f;~m all sources c Gross income sourced at sharei~older level d Foreign gross ]ncome sourced at corporate level: (I) Passive (2) Listed categories (attach schedule) ............................ (3) General limitation e Deductions allocated and appodloned at shareholder level: (1) Ir~terest e×pense .............................................. (2) Other f Deductions allocated and apportioned at corporate level to foreign source income: (1) Passive (2) Listed categories (attach schedule) .............................. (3) General limitation g Total foreign taxes (cheCk. one):______ . il~ .... ~ __._ ~ _______ Lj..paid.. _Lj..Accrued h Reductior~ in taxes available for credit (attach sch.~ 16 Section 59(e)(2) expenditures: Other a b 17 18 19 21 22 ~ b Type ~ A..mount .............................................. i16b (b) Tax-exempt interest income ......................................... I 17 i Other tax-exempt income ........................................ I 181 Nondeductib!e expenses ................................ l I9 i 1 ¢ 7 6 5 distributions reported to you on Form 1099-D1V ....................... I 20 I 6 · 6~ ~ Amount of loan repayments for "Loans From Shareholders" i 21 i 7,3 7 1 Recapture of Iow-income housing credit: ........ :i?.iiii:.~!~ti~i -- From sectien 420)(5) partnerships ................................... i 22a ¢ Other than on !ina 22a ........ t 22b I 593-28-3508 65-0743097 Page 2 (c) Form 1040 filers enter J the amount in co umn (b~ on: 664i--1 See page 7 ofthe ' JJ Shareholder's !b lnstruction, s~ for J P'Schedu!e K-1 (Form '.: 120S) and Instructions for Form 625I h Form1!16, Part i -J Form 1t16, Part. I! See ~nstructio.ms for Form See Shareholder's Instructions for Schedule K-I (Form 1120S). Form 1040, line 8b See page 7 of the Shareholder's ~' Instructions for Schedule (Form 1120S). __J I~ Form 8611: line 8 S P 1 e ri I 23 Supplemental infon-nation required to be reported separately to each shareholder (attach additional schedules if more space is needed): Schedule K-1 (Form 1120S) 2001 50! REELIZATION. INC. FYE: 12/31/2001 Federal Statements 3/5/2002 9:50 PM Statement I - Form 1120S, Page 1, Line 19 - Other Deductions Description AL~fO EXPENSES BANK CHARGES CONTRACT SERVICES DUE S EQU! PMENT ~Z~.iNTEN'ANCE INSURANCE OFFICE EXPENSES PAYROLL T~XES POSTAGE PROFESSIONAL FEES SUPPLIES TELEPi~ONE T~VEL UTILITIES 50% of Meals & Entertainment Total Amount $ 5, 693 56 4,240 790 6, 000 847 4, 603 7, 519 1,386 1,425 43, 230 3,059 1,200 885 1,765 $ 82,698 '501 ,~EELIZATION. INC. 55-0743097 FYE: 12/31/2001 Federal Statements 3/5/2002 9:50 PM Statement 2 - Form 1120S, Page 3, Schedule K, Line 7 - Charitable Contributions Description 50% 30% 20% Charitable Contributions $ 675 $ $ $ Total ~ e 675 $ 0 $ 0 $ To~I 675 2 5~1 REELIZATION, lNG FY[: ~ 2/3~/2001 Federal Statements 3/5/2??2 Statement 3 - Form 1...120S, Pa.q.e.. 4, Schedule L, Line 6 - Other Current Assets Beginning End Description of Year of Year PREPAID PAYROLL T~A=XES $ 222 S Total $ 222 $ 0 DEPOSITS Total Statement 4 - Form 1120S, Pa.qe 4, Schedule L, Line 14 - Other Assets, Beginning End Description of Year of Year $ 557 $ 557 $ 557 $ ss7 Statement 5 - Form 11.20S, Pa(~e 4, Schedule L, Line 18 -Other Current Liabilities Beginning End E)escription of Year of Year PAYP..OLL T~i{ES PAYABLE $ $ 2, 393 Total $ 0 $ 2, 393 Disallowed Charitable Total Statement 6 - Form 1~!20S, Pa.qe 4, Schedule M-2, Line 5{a) - Other Reductions Description Amount Entertainment Exp $ i, 765 Cont r ibut ions 6 7 5 3-6 iiJlJ IlJllJ J iii ~'armersnlp= and I-iducmry P~lers as ot January 1, zuuz iii) s,~rus 5 ~e~.d~d Re'.,r, __ n~m~ REELIZATION, INC. Address Changes Sank/Trust Address FEi~ 65-0743097 ^ddress 100 MADEIRA AVE].kVOE #2 8213000301023015036507430971 ci¥ CORAL GABLES FL Sta(elT)P m ) DOR Use C)nl¥ 33134 650743097 0 4000 0 00000000 0 0 0 0 0 0 0 5 0 0 0 00 3975300 0 0 0 3975300 0 0 0 0 0 0 0 0 0 0 R. 01102 Accounts Receivable (See Instructions: Page 6) 2. Loans and Notes Receivable (From Scheduie B, Line 14) 3. Bonds (From Schedule C, Line 15) ....................................... Stocks, Mutua}s, Money Market Funds, Limited Partnership interests, and Beneficial Interest in Any Trust (From Schedule D, Line 16) 5_ As Agent for Stockholders (From Schedule E, Line t7) Do not enter negative value 7otai Taxable intangible Assets (To~a~ of-. Lines I through 5) Also enter on [ ;ne ! of Ta× Calculation Workshe¢ ten c~ck) 7. Tax Due (From Tax Calculation Worksheet. Line 5) 39753.00 39753.00 40.00 0.00 8. Credits (From Tax Credit Worksheet. Line C) ........................ 9. Total Tax Due (Subtract Line 8 from Line 7) ........................................................ 10. Discount (Jan. or Feb. - 4%; March - 3%; Apdl - 2%; May - I%: June - 0%: if postma~ed on or before ~e last day ot the disco,]nt per)od. I he discount per~od is Pot extended when er, ding o~ a Saturday. Su~day-, or federai or state hoiiday See Instruc~ions, Page 7) 1 i. Penalty and Interest (See Instructions. Page 7) ........................................................ 12. Voluntary Election Campaign Contribution ($5 - See Instructions. Page 7) t3 Total Due: (Enter here and on Line 13a of the Coupon below See instructions, Page 7) I3a. Total Due From Line 13 0 . 0 0 13b. Less Amount Paid with Extension 13c. Iota) Due (Lic:e ~ 3a less Line 13b: U.S. funds oniy) The tota~ due cannot be a negative ,qumber. if the total due )s iess than or equal to zero, enter "0". An ovefpa~.~ent will be refunded automati?~lly.~. -.~- .--- -.,_.~....~... --. --.- -....~ 0 . 0 0 Under [~enalties of perjury. I declare that I have exam!,,~ed ,;hLs return, accompanyi~ schedd~es and statements, and t ~s ~.'-de correct, and complete. Ifprepared by a per~o~ other titan the tax.yet. Cqis de~aration is based o~ a';.! Jnforma~on of whi~'~h the_preparer ~ a~d~e tss.!t39;232~'); 92 525f2): and 837.06. F ! Signature of ¢cer ]-"*'Dat~-; -- T-~eleph~e N-"'%' -" ) ' ' i. 3/05/02~ 59-2206071 ! I Mate | Preparer's SSN or FEiN or PTIN i ~ Check here if you transmitted CSOL ~ '~ funds e~ectronma!ly DR-601C Check here if you R. 0t102 #2 do not want th~ Make Check Payable and Mail ~ o: L] <; Department to FLORIDA DEPT. OF REVENUE send you a fon;n FL 33134 he. year. ('see 5OS0 W TENNESSEE ST c, ack'of coupon) TALLAHASSEE FL 32399-0140 0 O o 0 0 0 0 0 Payment Coupon 2002 FL Intangible Tax Do Not Detach REELIZATION, INC. FE!N 65-0743097 100 MADEIRA AVENUE CORAL GABLES 650743097 0 4000 00000000 0 0 0 0 0 5 0 0 00 3975300 0 0 3975300 0 0 0 0 0 0 0 8213 00030102 301503 6507430971 65-0743097 Important Information Requested if this is your first time filing ap {~tangibie Tax Return, please complete the fol,'.'owing: Date of incorporation ................ t i Month D,y Year IDate you began business in F,orida .... Example: {o{6l ~lo{21010{~ i CSOL DR-601C R. 01102 PAGE 2 if your filing status has changed, please enter the previous FEIN. the new FEIN, and the new filing status: Previous FEIN New FEIN Filing Status Fiduciary ~ Final Return A~iiated Group of Corporations ~ {nfoP'aation Return (Must Submit List, See Page 10} tFi~eo Under Partnership S._.SN Co,'poration ~ Trdstee If your name/mailing address has changed or is incorrect, please complete the following; Name of Taxpayer(s,'. A,ffention or {n t;are ot New Address City/StateiZIP Telephone Number Signature :~ ' ::];':. :::::::::::::::::::::::::::::::::::::::::::::::::: ~:: ':;:::i:' ::::::"::::::::::'::::: :'--::::::::::!:':"':":::::::: '::;:~-::~:':::::::':~:i:;:::~:~:i:5:~:?E:?;:~..:!: :::i:E:~ :::: i. Enter Total Taxable intangibie 'I' Assetsfrom ScheduleA. Line 6 I$ 39,753. 1 , x .001 2. Multiply by Tax Rate [ 3 T-3x Due J Car.~' Amount to Schedule A. Line 7 $ 40. J A ntanq b{e Tax Pa d to Another State (see il:si, ~ { A lnden.'i[v State: B. Cleanup of Contaminated Dry-Cleaning/ Brovmfie~ Sites i'if credit not taken on F-! 120) C. Tote; Credit {Line A p.~us Line Bi. Enter on Schedule A, Line 8 Information Notices ;hock the appropriate box below: (see information Notices on Page 9 of the Instructions) b;i i We hereby, certify this corporation is not r~uired, to file a Note: if checkina~ box 2 or 3, and your company's stock is not notice of stock value because its shares are regularly Irsted on a public exchange or traded over the counter. May use alternate method of filing, Page 12. We hereby certifl.., this corporation's Florida stockholders were notified to the just value per share on or before April 1~ for all of its shares that are not publicly traded or are restricted_ May use alternate method of filing, Page 12. We hereby certify this corporation elects to pay the intangible tax as agent for its Ftodda stockholders and certi.~/ al/ Florida stockholders were noticed of this election on or before April i. A copy of the notice is included with ~his return. The corporation has included the value of its shares held by Florida residents on this tax return, Schedule E. May use aitemate method of filing if Tax Due is less than $60, Page 12. We hereby certify this corporation has no Florida stock- holders. May use alternate method of filing, Page 12. regularly traded on the open market, make sure that the value used for the companv's shares ts a reasonable market value. Book value alone is generally NOT a good estimate for market value. Neither foreign currency nor funds drawn on other than U.S. banks will be accepted. State law requires a sepzice fee for returned checks or drafts of $15 or 5% of the face amount, whichever is greater, not to exceed $150 ts. 2!5.34(2), F.S.]. Make check payable to: Florida Department of Revenue (include FEIN on check) Maii to: FLORIDA DEPARTMENT OF REVENUE 5050 W TENNESSEE ST TALLAHASSEE FL 32399-0140 CSOL DR-60~CS ~,,~c52 R~LIZATION~ INC. 65-0743097 R~_O.!LO_2 i 39,753! ~clude additional schedules if necessary. Photocopies of all schedules are acceptable. You may use your broker's tatement if all required information is listed and the totals are transferred to the appropriate schedule(s). NA~'IE: ID NU~BER: REELIZATtON. INC. 65-0743097 Election. to Pay as Agents Notice to Shareholders TO: DATE: SUBJECT: Ail Stockholders of Record Jant:ary l, .~00_. Election by corporation to pay this year's intangible tax. You are advised that this corporation in which you arc a shareholder, has elected to pay on behalf of the stockholders oft!xis co~oration, the 2002 Flor;,da Intangible Tax applicable, to the value said corporate stock. Tiais notice is being provided to you pursuant to the requirements of the state of Florida statutes. :orm. 1120S (200.!.) REELIZATION,. INC. 65-0743097 Page 4 :~h'~:d~lb;f,L:! :i:i Saiance Shee~s per Books t Beginnina of tax year { End of ~x year Assets I ia) [ (b) { {~) U.S. Governmen~ obliga~ons Other investmems ......... ......................... ...... other depreoiabie assets i S 9 $ ............................... ' ..................... Su[idings and Less accumulated depreciation ........... ~ 4,673 12 ! 225 i 19 ! 3 · 5 7 ~ 583 :(::~?:-~ .............. ::::f.?;:?~.~:~ ..................... ~.~.~:::~.:._;.:.:.:. i Othercurrentliabilit/es. . ~ 5 _ 2~393 (YOu are not required to ~;t~i~?:-~ complete this schedule ff the total assets on In. 15, column (d), of Schedule L are less than $25,000.) Net iRcome (loss) per ~ooks 3 6 ~ 2 14 5 ~,,~ recorded o~ b~ks th(s ye8~ not included Income incJuded on Schedule K, lines 1 on S~edule ~ ~ines ~ through 8 (itemize): through 8, sot recorded o~ books this a iax-exempl interest $ ................. year (itemize): 6 Deduc~oss included on Schedule K. iines ExpeRses recorded on books [his year ~ through ! la. 15g, and 16b, not charged not included oR Schedule K, lines ~ against book ~ncome this year (itemize}: through !1s. 15g. and 1~ (i~emize): a Oepreciation Depreciation $ ' . ...................... T~ve, a.¢ ............. i';'7'65 ' I 7 Add lines 5 and 6 ' 1,765 8 Income (toss) (Schedule K, line 23). - Add iines I t~rough 3 ' 37~979j Line 4 less line 7 ..................... 37¢979 .................................. Analysis of Accumulated Adjus~e.~ Account. ~her Adjustments Accou.t, and Shareholders' ~1~;~?;:~ ~.distributed Taxable I.come Pre~iousiy Tax~ (see pa~e 27 0f the instructions) (~) Ac~mu]atod ~ (b) Other adjustments (c~ Shareh~ders~ undistributed ad~d~enls ar;(~)~;nt i ' aC¢~n[ . la,able in.me oreviouslv taxed Balance at beginning of tax year ......... I · · ~ 2 3 8 J Ordina¢/income from page i, line 2tO,her additions ...... ~ , Other reductions S trot 6 ~_ 2 ¢ 4 4 Combine ]ine91 through 5 ............ ~.. 47 ¢ 452~ ~ , Distributions other ~han div. distributions I 6, 629~ Balance at end of tax vear. Subtrac[In_Zf~m!n. 6 I 40,823j Form 11208 f20O:: ~I~{T-DADE County Property STE 710 III NW 1ST STREET ~iAMI~ FL 33128-1984 Appraiser 40-034900 FOLIO: 40-034900 Property Addr: SA~E REAL ESTATE FOLIO - 03-4108-007-0510 2002 RRR b%J!",ll-IIJ..'7_I',,t 11/-~L ..,beC[lO!IS Ib'J6.U/'q- t-.b. As Required by Sections 193.052 & !93.062 F.S. Return to County Prope~y Appraiser By Ap. di I to Avoid Penalties 2002 State of Florida, County of MTAMI-DADE Federal LIN Soc_ Sec. No_ SiCiNAiC 16s-o743o97 I{ - - I1 Business ,Name (.DBA-Doing Business As) and Mailing Address 40-034900 REELIZATION, INC. 100 bIADEIRA AVE. #2 CORAL GABLES, FLORIDA 33134 Th is return subject to audit with ali records kept by VOu. J. Please gbre name and teleph one -~o. of Owner or Perso¢~ is charge of th is Business. ~ ~LP~ TAP~8 (305)226-28~6 Corp. ~a~ REELIZATION, !NC. 2. Actuai Phys~ca~ Loc~tion of Property forWhich this Return is Filed (S~feet Address - No~ P_O. Box} 3. Isyour 2us-'ne~-- ur~ ~ a,m' Located with in the i;',COrporat ed, Nmits of a City? Yes ~__ No__ W**tC~y~ CO~L G~LES 4. Do YOU Fde ~ i~ngib~e Personal Proper~y Tax Return Under Any Oih er Name? Yes No X Pleas~Sh o%~ame ~xacHy as it Appeared on Your most recent Person3~ Properly ]ax ~ HJ or Other Curren~ fax Return S~e as this return PERSONAL P OPERTY SUMMARY ] ~ iS IS A SUM MARY SCH E~ULE ONLY.Th e Schedufes On PAGE 2 mus~ be completed in deter{ and TOIALS entered below. A~ACH ~TEMIZED LiST or D EPREC{ATI_©N SCHEDULE show Jag Orig~na~ Cost & D ate af Acquisition. I ~0. Office Fu-niture & Office Machines & Library 1 1. ED P Equipment, Computers. %&Yord P,~ocessors '~2. Stere, Bar & Lounge. and Rest a~lrant Furniture & Equipment, Etc. 13. ~,tachi,qery and M anuf.:~cturing Equ:pment 14. Farm, Grove, and Dairy Eqoipmeni 1 5. Professional Meeic~¢,, Dental & Laboratory Equipment 16. H.~te!. Mo~et. & Apartment ConiDIe× 1 Ga. Rental Units Stove, Raffia., Furniture. Drapes & Appliances M obi!6 Home Attach meets (Carpor!. Uti!try Bldg.. Cabana, Porch. i 19. Signs - Billboard. Pole. WaN, Portable_ Directional. Etd I 2t. P=~!utior~ Contro=. ~qulpn-.ent 22. Equipment owned by you but rented, leased or he,~d by o~-hers ;23. Sdpp!ies - Not He!d for Resaie 5. Oa, e¥ou~e~a~.si-~ess~nt.i ..... t~': _06/01/98 F,sca~year: 01/01/02 to 12/31/02 Although my fiscal yr. ended prior to Dec. 31 of th e past calendar yr.. th, is return ret ~ects properly additions and deletions through Oec. 31 Yes NO 6. Describe Type or Nalure of Your Business: ARCHITECT 8. Did you file a tangible Persona! Prop. Return in t!~e county last Yr.? Yes X No I~so. upder%~na~nameandwhere?~e a~ t~i~ ~etur~ ORIGINAL iNSTALLED 24. Other - P:ease Specify 9a. If soio. to whom? D ate Sold: TAXPAYER'S EST. OF FAIR MARKET VALUE i COST 864.i . 1,200. 8,860.~ 16,530. APPRAISER'S USE ONLY TOTAL PERSONAL PROPER%Y SIGNED [%, AXPAYE R) ,?REPARER) ALEJANDRO A. CRESPO & CO. A~R~=SS 9260 S.W. 72ND STREET MIAMI, FLORIDA 33173 ( )BLIND 17 LESS EXEMPTION: { )WIDOW ( )WIDOWER ( )TOTAL DiSABiLITY ( )OTHER TAXABLE VALUE DEPU ,fY PENALTY PLEASE SIGN AND DATE YOUR RETURN. SEND THE ORIGINAL TOTHE COUNIFy' APPRAISER'S OFFICE BY APRIL *t, UNSIGNED RETURNS CANNOT BE ACCEPTED B Y Tit E APPRAISE R'S OFFICE. NOTICE: tF YOU AR E E NTITL E O TO A W I D OW'S. WIDOWER'S OR DISABILITY EXEMPTION ON PERSONAL PROPERTY(NOT ALREADYCLAtMED ON REAL ESTATE[,CONSULTAPPRAiSER, PHONSNO (305) 27!-309~REP^~e"'SLD '¢ 59-2206071 PHYSICALLY REMOVED DURING LAST YEAR RETIRED, SOLD, TRADED. ETC. , A. XPA, hR S E ~, vF ORIGINAL INSTALLED YEAR ~ vc · mT ~ ACQ. FAIR MKT VALUE COST D E S C ?' ;PT,~ON -; :G F LEASED. LOANED. AND RENTED EQUIPMENT -Ptease comp ei~ i¢ ',o. h o d equiemen! belonging to otb ers NAME AND ADDRESS OF OWNER OR LESSOR DESCRIPTiOn.; 1 t i LINE 10 Enter Applicab!e Line Number (10-24)From Page ! TAXPAYER'S ESTIMATE OF YEAR FA:R MARKET YEAR RENT YEAR OF PER ACQ MFG. MONTH TAXPAYER'S ESTIMATE OF ORIGINAL Condition INSTALLED RETAIl. iNSTALLED COST NEW LEASE PURCH OPTION YES i. _ APPRAISER'S USE ONLY DESCRIPTION CF ~TEM AGE PURCH VALUE QFFICE FURNITURE GoodAvB.Pour 864 i ! t. 86'4. f ..Enter TOTALS on P, ge I- C(~ntinue on Separat~e Shee~ if Nec j ~ LINE 1 1 Enler Apolicable Line Number (10-24)From Pace I I COST i Cono.tion 1,200.~ , ! ,. ! 4~98j 2 O0 j 2 3. 648, 3,583 E¢.ter TOTALS Co Pa~e 1 - Continue or~ Sepsrste Sh ee~ ~f Nec. LINE Enter Applicabie Line Number (10-24}From P-~:.~e !: 3,674. 1,799. 5,047. I Enter TOTALS on ,~age I - Conl Due on Separate Sheet f Nec. 12:~7.:. - :: ; i J, ~NE 22 EQU!PM ENT Ot~¢NED B Y YOU B UT RENTED. LEASE D. OR H~LD BYOTHERS R_c. NT NAM E/ADDRESS YEAR PER & LEASE NO. PHYSLOCATiON DESCRIPTION AGE pUf~Ci~. ;¢ONTH TFRR~. TAXPAYER'S ESTIMATE OF FAIR MARKET VALUE AXPAYER'S ESTIM A 1 ~- OF Condition GoodAvg Poor RETAIL INSTALLED COST JOEL ROBBIngS t4IAMI-DADE COUNTY PROPERTY STE 710 111 NW 1ST STREET MI2%/v[I, FL 33128-1984 40-034900 FOLIO: 40-034900 Property Addr: SAME APPRAISER 2001 LLL UUN~-IU~-N lU~. ~ecaons 'lU,~.u/,~ r.o. As Required by Sections 193.052 & 193.062 F.S. Return to County Property Appraiser By April I to Avoid Penalties 2001 State of Florida. County of MIAMI-DADE Federal LIN Soc. Sec. No. SICINAIC Business Name (DBA-Doing REELIZATION, INC. 100 MADEIR~kVE. #2 CORAL GABLES, FLORIDA 33134 REAL ESTATE FOLIO - If name a~d address is i .... rect mak ...... sty ..... ctions S. D~,e you beg~ b usi..~ in,hi ..... ,y: 06/01/98 Th is ret urn subject to ~d~ w~h all re,rd s kept by you. I .... plate entries a .... bi.ct t o penalties. Fi~ ye=:01/01/01 12/31/01 1. Plea~ give n~e ~d telephone no. of Owner or P~son in ~ge of this Business. Sa. ~th ough my fiscal yr. ended prior to Dec. 31 of the pest ~end~ yr., this return ~PB ~~S (305) 226-2896 Co~. N~e ~ELI~TION/ INC. s. D~ibeTypeorNaureofYo~Business: 2. A~ual ~ysi~l Loc~ion of ~ope~y for Which this Return is Filed retreat ~CHI TECT Address - Not P.O. Box) 3. Isyourbusinessorfarmlocaledwithifltheiflcorporat~limltsofaCily? 8. Didyoufileat~giblePer~nal~op_Returninthe~untyl~Ifr.?fes X NO ~.~ X No WhaC,y? CO~ ~LES ~f.o.u.a~h.t.~.~,~h...? S~e as this return 4. Do You File a T~gible ~sonal ~opeHy T~ Return Under ~y Olh er N~e7 Yes N~ X 9. Form~ owner of B usiness; Please Show n~e Ex~tly ~ it Appeared on Your most recent Per,hal ~operty Tax Sa. If ~ld. to wh om? 8 ill or Otb ~ C urr~t T~ Ret~n. S~e as this return PERSONAL PROPERTY SUM M~Y T~A~'S EST. ORIGIN~ ~P~S~'S THIS IS A SUM MARY SCHEDULE ONLY.Th e ~hedules On PAGE 2 must OF FNR M~T INST~ED USE ONLY ~ be complet~ ~ d~ail md TOTALS enter~ below. A~ACH I~EMIZED LIST or D E~EClATION SCHEDULE ~e~g ~igin~ Cost & D~e of Acquisilion. V~UE COST ~0. o,.~. ~.~,.~. & o,.~..~ ~ · u~,~ 960. 1,200 11. EO.~,.~,.co~..wo~..~o~ .... 11 ~ 567. 16,530 12. Store, B~ & Lo.ge, ~ Restauranl Furniture & Equ~ment, Etc. 13. Ma~ i~y ~d M~u~uring Equipment 14. F~.Grove,~4 Da~ Equipm~t ~. ~ofess~onal, Medi~. Dental & Laborato~ 1~. Hotel, Motel. & ~ment Complex 16a. Renlal Unils ~ Stow., Re,rig., Fumit ur., Dries & ~plJ~ces 17. Mobile Home Atta~ments (C~por t, Ulilit~ Bldg., C~ana, Por~, Etc.) 18. Se~i~ Station & Bu~ Pl~t Equipment - Und~ground T~ks. L~ts, Tools : '~'~-r ' ' ' %~ " 19. Signs - Billbo~d. ~le. Wag. Port~ la. Directional, Etc. ~0. teas~ol4 improve.his - group by type, ye~ of instaH~on, des~[pL . . ~. 21. Pollution Control Equipment ~. Equipmemt o~ne4 by you but rented, le~e4 or hel4 by oth ~s ~ %" ' ' 23. Supplies - Not Held for Resale ' :' [ ' :; ' 24. O~her- ~e~eSp~i~y TOTAL ~RSON~ ~O~RW [2 [ 527. [7 r 730. Under p~atties of p~jury, I d~lare that { have t~d the foregoing tax return ~d the LESS EXEM~ION: ( )WIDOW ( )WIDOWER ( )BLIND prepped by someone otb ~ th an th e t~payer, th e prep~ signing t h is ret urn certifies th at ( ) TOTAL DISABILITY ( )OTHER this declaration is bas~ on all informati~ of wh ich hel~e h~ any knowledge. T~LE V~UE DATE TITLE SIGNED DEPU~ P~ SIGNED ~PA~R) ~T,~DRO A. C~SPO & CO. ~REPARER) PLEASESIGNANDDATEYOURRETURN, SENDTHEORIGINALTOTHECOUNTY ADDRESS 9260 S.~. 72ND ST~E~ APPRAISER'S OFFICE BYAPRIL1, UNSIGNED RETURNS C~NOT BE ACCE~ED 8YTH E APPRAISER'S OFFICE- NOTICE: IF YOU ~E EN~TLED TO A WIDOW'S, MI~I, FLORIDA 3317 3 WID~ER'S OR DIS~ILITYEXEM~ION ON ~RSONAL ~O~R~OT ".O.E.O(305) 271--3094 ~E"*R~R'S'.O. ~ 59--2206071 ALREADYCLAIMEDONREALESTATE)CONSULTAPPRAISER. TAX SCHEDULES (ENTER TOTALS ON PAGE ,r'~ F- ~-AXPAYER'S EST OF I D ESC, R !~TION ;'.([ AC( .'. FAiR M ~CF ~'ALUE ORIGINALCOSTiNSTALLED j RETIRED, SOLD, TRADED, ETC. LEASED, LOANED. AND RENTED EQUIPMENT - P,~,a:~.'~ ;o~,pi*-,.~ if yo. ~ oid equrpment belonging to cthers YEAR OF NAME AN~ A~DRESS OF OWNER OR LESSOR DESCRIPTION ACQ. MFG. COMPUTER COMPUTER COtv/PUTER 11 Enter Applicable Line Number (10-24)From Page iTAXPAYER'S TAXF*AYER'S ESTIMATE Op EST~M .ATE DESCRIPTION OF ITEM AGE PURCH. VALUE GoodAvg. Poor .... 9~ ~_ 989.~ ~._ ~ ' 99 4~267.J Xj oq .... COMPUTER Em e~ TOTALS on Page 1 - Cor~tinue on Separate Sh eR! ~f Nec. i LINE 10 Enter/~¢plicable Line Number (10-24)From Page 1 ,~',~ 1'. · 1' ~'" ~* I RENT PER MONTH 960. Enter TOTALS on Ps.de I - Ce~dinue o,~ Sep2r:,!'~ Sheet if Nec. 9 60 , Enter Applicable Lipa Number (10-24}From Page 1 ORIGINAL iNSTALLEO COST 3,674. 1,799. 6~0i0.I 5,047. i APPRAISER'S USE ONLY I ' i 16,530. 1,200. i--1, 200: ~NE 22 LEASE NO EQUIPMENT OWNED BY YOLI BUT RENTED. LEAS[rD. OR !4 EL D .~Y OTHERS RENT NAME/ADDRESS & YE AR PER ~._..-¢~ LOC;zJ~ON OESCRI~t©%' AGE PUNCH MONTH TERM TAXPAYER'S ESTIMATE OF FAiR MARK. ET VALU~ TAXPAYER'S ESTIMATE. OF GoodAvg. P~o~ RETAIL iNSTALLED COST NF~W Financial Statements for Year Ending December 31, 2000 Prepared by: ALEJ~qDRO A. CRESPO & CO. 9260 S.W. 72ND STREET, SUITE ~!!7 MI3~I, FL 33173 R~EmxZATION, iNC. 100 MIDE!~A AVENUE #2 CO~.L GABLES FL 33134 REELIZATION, INC. (INCOME TAX BASIS) STATEMENT OF REVENUES AUD EXPENSES FOR THE TWELVE MONTHS ENDED DECEMBER 31, 2000 Actual Percent Year to Date Last Year Percent LY-Var L-Var % * FEES INCOME OPERATING EXPENSES ADVERTISING AUTO EXPENSES BANK CHARGES CONTRACT SERVICES DEPRECIATION DESIGN FEES DONATIONS DUES AND SUBSCRIPTIONS ENTERTAINMENT LICENSES AND TAXES OFFICE EXPENSES OFFICE SALARIES OFFICERS' SALARIES PAYROLL TAXES POSTAGE PROFESSIONAL FEES RENT REPAIRS AND MAINTENANCE SEMINAR/TRAINING SUPPLIES TELEPHONE TRAVEL UNIFORMS UTILITIES TOTAL OPERATING EXPENSES * NET INCOME OR (LOSS) $ 115,423.41 100.0 $ 85,450.13 100.0 $ 29,973.28 35.1 716.68 4,504.48 72.00 2,625.25 5,383.00 0.6 (716.68) 0.0 3.9 6.3 908.42 16.8 0.1 0.3 175.73 70.9 2.3 1.0 (1,781.75) (211.2) 4.7 3.5 (2,357.00) (77.9) 1.5 1,300.00 100.0 0.7 0.4 (550.00) (183.3) 1.4 0.1 (1,525.70)(1695.2) 1.3 1.4 (302.03) (25.3) 0.9 0.2 (816.31) (441.2) 3.5 4.4 (332.70) (8.9) 16.2 13.9 (6,797.06) (57.3) 28.0 19.5 (15,680.00) (94.2) 3.4 2.5 (1,813.40) (84.5) 0.6 0.2 (540.67) (313.1) 1.3 4.4 2,277.48 61.1 10.8 11.1 (2,996.30) (31.6) 0.1 0.8 508.54 78.8 0.4 369.00 100.0 16,908.89 14.6 13.0 (5,790.43) (52.1) 2,002.11 1.7 2.8 394.36 16.5 1,238.58 1.1 1.4 (59.58) (5.1) 767.85 0.7 (767.85) 0.0 109.82 0.1 425.09 0.5 315.27 74.2 113,107.44 98.0 76,528.78 89.6 (36,578.66) (47.8) $ 2,315.97 2.0 $ 8,921.35 10.4 $ (6,605.38) (74.0) 850.00 1,615.70 1,496.22 1,001.31 4,091.04 18,666.42 32,320.00 3,958.54 713.33 1,450.00 12,479.60 136.62 5,412.90 247.73 843.50 3,026.00 1,300,00 300.00 90.00 1,194.19 185.00 3.758.34 11,869.36 16,640.00 2,145.14 172.66 3,727.48 9,483.30 645.16 369.00 11,118.46 2,396.47 1,179.00 REELIZATION, INC. (INCOME TAX BASIS) STATEMENT OF ASSETS, LIABILITIES AND STOCKHOLDERS' EQUITY DECEMBER 31, 2000 ASSETS CURRENT ASSETS CASH PREPAID EXPENSES TOTAL CURRENT ASSETS PROPERTY AND EQUIPMENT FURNITURE AND FIXTURES OFFICE EQUIPMENT ACCUMULATED DEPRECIATION $ 4,532.95 222.38 $ 4,755.33 3, 938.22 22, 962 . 02 (14,673.00) TOTAL PROPERTY AND EQUIPMENT OTHER ASSETS DEPOSITS TOTAL OTHER ASSETS TOTAL ASSETS 557.30 12,227.24 557.30 $ 17,539.87 LIABILITIES AND STOCKHOLDERS' EQUITY OTHER LIABILITIES LOANS FROM STOCKHOLDERS $ 7,371.22 TOTAL OTHER LIABILITIES STOCKHOLDERS' EQUITY COMMON STOCK RETAINED EARNINGS INCOME (LOSS-) FOR PERIOD 1,000.00 6,852.68 2,315.97 TOTAL STOCKHOLDERS' EQUITY TOTAL LIABILITIES AND STOCKHOLDERS' EQUITY 7,371.22 10,168.65 $ 17,539.87 SEE ACCOMPANYING ACCOUNTANTS' REPORT REELIZATION, INC. (INCOME TAX BASIS) STATEMENT OF ASSETS, LIABILITIES AND STOCKHOLDERS' EQUITY SUBSIDIARY SCHEDULE DECEMBER 31, 2000 CASH BARNETT BANK $ TOTAL 4,532.95 $ 4,532.95 PREPAID EXPENSES PREPAID PAYROLL TAXES TOTAL $ 222_38 $ 222.38 PAYROLL TAXES PAYABLE FICA TAXES PAYABLE W.H. TAXES PAYABLE PAYROLL DEPOSITORY TOTAL 1,298.44 1,708.49 (3,006.93) $ 0.00 SEE ACCOMPi~NYING ACCOUNTANTS' REPORT 501 0213 8:10 For,: 1120S U.S. Income Tax Return for an S Corporation oMs,o.,s4~-0,~,~, · Do not file this form unless the corporation has timely filed Form 2553 to elect to be an $ corporaUon. 2000 Department of the Treasury Internal Revenue Service · See separate Instructions. For calendar year 2000, or tax year he,iii inin~l , and endinc~ Effective date of election Name Number, street, & room or suite no. (!f a P.O. box, see page 11 of the instr.) C Employer identlficaUon no. as an S corporation Use IRS REELIZATION, INC. 65-0743097 1 / 01 / 9 9 label. D Date i .... porated Other- s.smessood .... wise, 100 MADEIRA AVENUE #2 2/24/97 (see pages 29-31) print or City or town, state, an d ZIP co de E TotaJ assets (see page 11) 541310 type. CORAL GABLES FL 33134 $ 17,540 Check applicable boxes: (1) LJ Initial return (2) LJ Final return (3) LJ Change in address (4) L] Amended return G Enter number of shareholders in the corporation at end of the tax year .................................................. · 1 CauUon: include only trade or business income and expenses on lines la through 21. See page 11 of the instructions for more information. la G ........ ipts/saiesJ 115,423lb t ..... , .... &al, ....... J lc Bal · 1c 115,42.' 2 Cost of goods sold (Schedule A, line 8) ............................ 2 Income 3 Gross profit. Subtract line 2 from line lc ...................................................... 3 1 1 5 4 Net gain (loss) from Form 4797, Part II, line 18 (attach Form 4797) ............................ 4 5 Other income (loss) (attach schedule) ............................... 5 6 Total Income (loss). Combine lines 3 throucjh 5 ........................................ · 6 1 1.5 ! 4 2 ' 7 Compensation of officers .............................................. 7 3 2 ~ 3 2 ( 8 Salades and wages (tess employment credits) ............. 8 1 8 9 Repairs and maintenance 9 13 10 Bad debts 10 11 Rents ................................... 11 12~ 48( Deductions 12 Taxes and licenses .................................................. 12 1 / 00' 13 Interest ............................................................................. t3 (see page t~ 14a Depreciation (it required, attach Form 4562) .................. t4a J 5r 3 8 3 I of the b Depreciation claimed on Schedule A and elsewhere on return .......... 14b instructions C Subtract line 14b from line 14a ..................................................... 14c 5 ~ 3 8 ' ,~? 15 Depletion (Do not deduct oil and gas depletion.) ............................. 15 limitations) 16 Advertising ................................................................... 16 7 l 17 Pension, profit-sharing, etc., plans ................................................. 17 18 Employee benefit programs ...................................... 18 19 Other deductions (attach schedule) .............................................. See. S~h 19 4 20 Total deducUons. Add the amounts shown in the far right column for lines 7 through 19 ........... · 20 1 1 2 / 3 5 (. 21 Ordinary income (loss) from trade or business activities. Subtract line 20 from line 6 21 3 r 0 6 z b Tax from Schedule D (Form 1120S) ...................... J 22b c Add lines 22a and 22b (see page 15 of the instructions .: for additional taxes) .......................................................... 22c 23 Payments: a 2000 estimated tax payments & amount applied from 1999 return 23a Tax and b Tax deposited with Form 7004 23b Payments c Credit for Federal tax paid on fuels (attach Form 4136) ..... 23c :.i:!:i.. . . d Add lines 23a through 23c ........... 23d 24 Estimated tax penalty. Check it Form 2220 is attached ............ LJ 24 25 Tax due. If the total of lines 22c and 24 is larger than line 23d. enter amount owed: See page 4 of the instructions for depository method of payment · I 25 26 Overpayment. If line 23d is larger than the total of lines 22c and 24, enter amount overpaid . . ·,J 26 27 Enter amount of line 28 you want: Credil~l to ]OOl .ti.aled tax J~ Reru.dcd · J 27 Under penalties of perjury, I declare that I have examined thi~; return, i~cluding accompanying schedules and 5ta!ements, and to th e best of my knowledge Sign and belief, it.is true, cerr~ .~i.i~ complete. Declaration of preparer(other than taxpayer}is based on all information of which preparer has any knowledge. Here Date Titl~ ~ ~ ' signature 2/13/01 empk}yea r 261-06-2360 Paid ~rm' ..... (o~yours~ ALEJANDRO A. CRESPO & CO. ~:.~ 59-220607] Preparer's ,f~e,f-..~p,oy~d). ~ 9260 S.W. 72ND STREET, SUITE #117 Use Only add ....... dZ~PcodeIr MIAJ~I~ FL 33173 305-271-3094 501 0213 8;10 Form 1120S (2000 1 2 3 4 5 6 7 8 9a REELI ZATION, INC. 65-0743097 Page2 Cost of Goods Sold (see page 16 of thc instructions) PurchasesInventory at beginning of year ........................................ ....... cost of labor Additional section 263A costs (attach schedule) .... Other costs (attach schedule) Total. Add lines I through 5 ................................................ I 6 Inventory at end of year .............................................................. I Cost of goods sold. Subtract line 7 from line 6. Enter here and on page 1, line 2 ................ Check all methods used for valuing closing inventory: (i) ~ Cost as described in Regulations section 1.471-3 (ii) [-~ Lower of cost or market as described in Regulations section 1.471-4 (iii) ~ Other (specify method used and attach explanation) · .......................................................... Check if there was a writedown of "subnormal" goods as described in Regulations section 1.471 -2(c) ............ · Check if the LIFO inventory method was adopted this tax year for any goods (it checked, attach Form 970) .................... · If the LIFO inventory method was used for this tax year. enter percentage (or amounts) of closing inventory computed under LIFO Do the rules of section 263A (for property produced or acquired for resale) apply to the corporation? ....... ~ Yes ~ No Was there any change in determining quantities, cost, or valuations between opening and closing inventory? .... .~ Yes ~ No If "Yes," attach explanatmn. ?.iii~]~iiB ?iii!i Other Information I Check method of accounting: (a) ~ Cash Ib) [~ Accrual (c) ~ Other(specify) · ........... : 2 Refer to the list on pages 29 through 31 of the instructions and state the corporation's principal: (a) Business activity · .... ARCHI. T.E.C~ ............ (b) Product or service · ........ SERVICE ......... 3 Did the corporation at the end of the tax year own, directiv or indirectly, 50% or more of the voting stock of a domestic Was the corporation a member of a controlled group subject to the provisions of section 1561 ? corporation? (For rules of attribution, see section 267(c).) I1 '"Yes." attach a schedule showing: (a) name, address, and employer identification number and (b) percentage owned ........................... X 4 5 Check this box if the corporation has filed or is required to file Form 8264, Application for Registration ol a Tax Shelter 6 Check this box if the corporation issued publicly offered debt instruments with original issue discount If so, the corporation may have to file Form 8281, Information Return lor Publicly Offered Odginal Issue Discount Instruments 7 If the corporation: (a) filed its election to be an S corporation attar 1986, (b) was a C corporation before it elected to be an S corporation or the corporation acquired an asset with a basis determined by reference to its basis (or the basis of any other property) in the hands of a C corporation, and (c) has net unrealized built-in gain (defined in section 1374(d)(1)) in excess of the net recognized built-in gain from prior years, enter the net unrealized built-in gain reduced by net recognized built-in gain from prior years (see page 17 ol the instructions) .......... · $ 8 Check this box if the corporation had accumulated earnings and profits at the close of the tax year (see page 18 of the instructions) · L~ Note: If the corporation had assets or operated a business in a foreign country or U.S. possession, it may be required to attach Schedule N (Form 1120), Forei~In Operations of U,S. Corporations, to this return. See Schedule N tot details. Shareholders' Shares of Income, Credits, Deductions, etc. (a) Pro rala share items (b) Total amount 1 Ordinary income (loss) from trade or business activities (page 1. line 21) ............ I 3 2 Net income (loss) from rental real estate activities (attach Form 8825) ............ :.. . . 2 3a Gross income from other rental activities b Expenses from other rental activities (attach schedule) .......... 3b c Net income (loss) from other rental activities. Subtract line 3b from line 3a 3c Income a Interest income 4a [Loss) b Ordinary dividends 4b c Royalty income 4c d Net short-term capital gain (loss) (attach Schedule D (Form 1120S)) ............. 4d e Net long-term capital gain (loss) (attach Schedule D (Form 1120S)): (1) 28% rate 9ain (loss) > (2) Total for year · 4e(21 f Other portfolio income (loss) (attach schedule) 4f 5 Net section 1231 gain (loss) (other than due to casualty or thett) (attach Form 4797) ........... 5 6 Other income (loss) (attach schedule) ................................................... 6 501 0213 8:31 Form 1120S (2000) REELIZATION ~ INC. 65-074 3 097 Paqe 3 :iiiii~h!~t~i~i~iiiiiiii Shareholders' Shares of Income~ Credits, Deductions, etc. (contJnued~ (a) Pro rata share items (b,) Total amount 7 Charitable contributions (attach schedule) ............................ 7 Deductions 8 Section 179 expense deduction (attach Form 4562) .......................................... 8 ._. 9 Deductions related to port/olio income (loss) (itemize) .......................................... 9 10 Other deductions {attach schedule) ................................................ 10 Invest- 1 la Interest expense on investment debts 11 a merit b (1) Investment income included on lines 4a, 4b, 4c, and 4! above ......................... 11b(1) Interest (2) Investment expenses included on line 9 above ................................... ; tlb{2) 12a Credit for alcohol used as a fuel (attach Form 6478) 12a b Low-income housing credit: (1) From partnerships tc which section 42(jX5)applies far property placed in service before 1990 ......... 12b(1), (2) Other than on iine 12b(1) for property placed in service before 1990 .............. 12b(2) I Credits (3) From partnerships to which section 42(j)(5) applies for property placed in service after 1989 12b(3) (4) Other than on line 12b(3) for property placed in service after 1989 ..... 1213(4) d Credits (other than credits shown on lines !2b and 12c) related to rental rea! estate activities , 12d e Credits related to other rental activities ...................... 12e 13 Other credits .................................................................... 13 14a Depreciation adjustment on property placed in service after 1986 ~ :- 14a 2 Adjust- b Adjusted gain or loss 14b merits ............................. c Depletion (other than oil and gas) ................................................. 14c and Tax d (1) Gross income from oil, gas, or geothermal properties ...................... 14d(1) Preference Items (2) Deductions allocable to oil, gas, or geothermal propert es ............................ 14d(2) e Other adjustments and tax preference items (attach schedule) .................... ~ 14e 15a Name of foreign country or U.S. possession > ........................................ b Gross income sourced at shareholder level 15b c Foreign gross income sourced at corporate level: i'."i" ::...v (1) Passive 15c(1) (2) Listed categories (attach schedule) ................................. 15c(2) (3) General limitation 15c(3) Foreign d Deductions allocated and apportioned at shareholder level: Taxes (1) Interest expense .............................................................. 15c~1) (2) Other ................................................................................. 15d~2) e Deductions allocated and apportioned at corporate level to foreign source income:, (1) Passive 15ellI (2) Listed categories (attach schedule) ....................... 15e(2) (3) General limitation 15e(3) f Total foreign taxes (check'0nei:' '1~- - ~ 'l~aid "~ 'Acc;ued ...................... 15, ~1 Reduction in taxes available for credit & ~lross income from all sources (att. sch.) 15~ 16 Section 59(e)(2) expenditures: a Type > b Amount > 16b 17 Tax-exempt interest income 17 18 Other tax-exempt income 18 19 Nondeductible expenses 19 Other 20 Total property distributions (including cash) other than dividends reported on line 22 below 20 21 Other items and amounts required to be reported separately to shareholders (attach ' ' ' sc hedu le) :.'!':':: 22 Total dividend distributions paid from accumulated earnings and profits 22 23 Income (loss). (Required only if Schedule M-1 must be completed.) Combine lines I through :::' 6 in column lb). From the result, subtract the sum of lines 7 through 11a, 15f. and 16b ......... 23 ~or., 1120S (20o0) DAA ~?~..!.!27.-!.~....~.. REELIZATION, INC. 65-0743097 Page 4 ;::i::i!~Ul~!ii~::iii!iiii::i Balance Sheets per Books Beginnin9 of t~ year End of t~ year A~ (a) ~) (c) (d) b Less allowance for bad debts 3 Inventories ..................... ~??.~?.?:~;?.~:.?.:.?:~:.?.??:~ ~?:??:?:??~;~; ::::::::::::::::::::: ~ '.: ========================================================= b Less accu~lated depredation ........... 9 ~ 2 9 0 10 ~ 0 2 9 14 ~ 6 7 3 12 / 2 2 [ b Less accumulated depletion b Less accumulated a~ization Reconciliation of Income (Loss) per Books With Income (Loss) per Return (You arc not required to complete this schedule if the total assets on In. 15~ column (d)~ of Schedule L are less than $25,000.) I Net income (loss) per books ............ 2 f 316 5 Income recorded on booksthisyearnotmcluded 2 Income included on Schedule K, lines 1 on Schedule K, lines I through 6 (itemize): through 6, not recorded on books this a Tax-exempt interest $ year (itemize): 6 Deductions included on Schedule K. lines 3 Expenses recorded on books this year I through 11a, 15I, and 16b, not charged not included on Schedule K, lines I against book income this year (itemize): through 11a, 15f, and 16b (itemize): a Depreciation $ a Depreciation $ .................... b Travel and ......... entertainment $ '74 8 7 Add lines 5 and 6 748 8 Income (loss) (Schedule K, line 23). 4 Add lines I throu~]h 3 .................. 3 r 0 64 Une 4 less line 7 ....................... iiiii!i~i:~ii~i!i! Analysis of Accumulated Adjustments Account, Other Adjustments Account, and Shareholders' ....... Undistributed Taxable Income Previously Ta~ .~d (see page 27 of the instructions) (a) A ..... lated ' ' (]))" dlheradjustments ] (~) Shareholders'undistributed e, dlustments account account taxable income previously taxed 1 Balance at beginning of tax year ...... 8 2 Ordinary income from page 1, line 21 ...... 3, 0 6 4 3 Other additions s Other reductions ...... SOO $.¢.h 748 .......... 8 Combine lines 1 through 5 ............ 7 Distributions other than div. distributions 8 Batanceatendoftaxyear. Subtractln. Tfromln. 6 ~L1 ~ ~8 DAA ~or~ 1120S 501 0213 8:31 SCHEDULE K-1 (Form 1120S) Department of the Treasury Internal Revenue Service be~lnnin~ Shareholder's identifying number · 5 9 3 -- 2 8 -- 3 5 0 8 Shareholder's name, address, and ZIP code Shareholder's Share of Income, Credits, Deductions, etc. · See separate InstrucUons. For calendar year 2000 or tax year 2000 and endin~l Corporation's Identifyirl~l number · 6 5-- 0 7 4 3 0 9 7 Corporation's name, address, and ZIP code 33174 RAFAEL TAPANES 10206 S.W. 3RD STREET MIAMI FL REELIZATION, INC. 100 MADEIRA AVENUE #2 CORAL GABLES FL 33134 A Shareholder's percentage of stock ownership for tax year (see instructions for Schedule K-l) · . ~L 0 0 .-.0.0.0 0 0 0% B Internal Revenue Service Center where corporation filed its return · .... At- j~ anta.~ . C-A . 3.9 9 0 1. . . C Tax shelter registration number (see instructions for Schedule K-l) .................... · ...... D Check applicable boxes: (1) J~ Final K-1 (2) ~, Amended K-1 (a) Pro rata share items (b) Amount (c) Form lO40 filers enter the amount in column (b) on: 1 Ordinary income (loss) from trade or business activities ............ I 3,0 6 4 - See pages 4 and 5 of the 2 Net income (loss) from rental real estate activities 2 ~ Shareholder's Instrucbon$ for 3 Net income (loss) from other rental activities 3 _ Schedule F.-t (Form 1120S). 4 Portfolio income (loss): ..... ?i::!:!?:i ..... a Interest 4a Sch. B, Part I, line 1 b Ordinary dividends .................... 4b Sch. B, Part II, line 5 Income c Royalties .......................................... 4c Sch, E, Part I, line 4 (Loss) d Net short-term capital gain (loss) .................. 4d Sch. D, line 5, col. (f) e Net long-term capital gain (loss): (1) 28% rate gain (loss) ................................. 4~(1) Sch. D, line 12, col, (g) (2) Total for year ....................................... 4~ffz) Sch. D, line 12, col. (f) f Other portfolio income (loss) (attach schedule) 4f (£nter 9n appL I~,. of your return.) 5 Net section 1231 gain (loss) (other than due to casualty or theft) 5 for Schedule K-1 (For.] 1120S). 6 Other income (loss) (attach schedule) ....................... 6 (Enter on appl. In of your return.) 7 Charitable contributions (attach schedule) ................... 7 Sch. A, line 15 or 16 8 Section 179 expense deduction .......................... 8 see page 6 of the Shareholder's Deductions 9 Deductions related to port/olio income (loss) 9 10 Other deductions (attach schedule) ............................. 10 _ (Form 1120S). Investment 11a Interest expense on investment debts ......... 11a Form 4952, line 1 Interest b (1) Investment income included on lines 4a, 4b, 4c, and 41 above ltb(t) ~, See Shareholder's Instruct,ohs (2) Investment expenses included on line 9 above ................ nb~z)--[ for Schedule K-1 (F3rm 11205). 12a Credit for alcohol used as fuel 12a Form 6478, line 10 b Low-income housing credit: ................ (1) From section 42(j)(5) partnerships for property placed in _ service before 1990 (2) Other than on line 12b(1) for property placed in service before 1990 (3) From section 42(j)(5) partnerships for property placed in ~ Form 8586. line 5 Credits service after 1989 (4) Other than on line 12b(3) for property placed in service after 1989 ]~b(4) -- C Qualified rehabilitation expenditures related to rental real estate activities 12c d Credits (other than credits shown on lines 12b and 12c) related see page 7 of the Sharehoider'5 to rental real estate activities 12d ............................. (Form 112OS). e Credits related to other rental activities 12e 13 Other credits 13 _ For Paperwork Reduction Act Notice, see the Instructions for Form ! 120S. Schedule K-1 (Form 1 t20S) 2000 f01 '0213 8:3! Schedule K-1 (Form 1120S) (2000) RAFAEL TAPANES REELIZATIONf INC. (a) Proratashareitems Adjust- ments and Tax Prefer- ence Items Foreign Taxes Other S P P I e m e n t a I I O r m a t O 14a Deprecialion adjustment on property placed in service a~ler 198,6 ...... b Adjusted gain or loss .............................................. c Depletion (other than oil and gas) ........................... d (1) Gross income from oil, gas, or geothermal properties .............. (2) Deductions allocable to oil, gas, or geothermal properties e Other adjustments and tax preference items ........................ 15a Name et loreign country or U.S. possession · b Gross income sourced at shareholder level c Foreign gross income sourced at corporate level: (1) Passive (2) Listed categories (attach schedule) (3) General limitation d Deductions allocated and apportioned at shareholder level: (1) Interest expense (2) Other e Deductions allocated and apportioned at corporate level to foreign source income: (1) Passive (2) Listed categories (at~ach schedule) .......................... (3) General limitation f Totalforeigntaxes(cheCk'c~n~i:'"" '[~ Pai'd' [~ g Reduction in taxes available for credit and gross income from all sources (attach schedule) ......................... 16 Section 59(e)(2) expenditures: a Type · ............................................... b Amount 17 Tax-exempt interest income ............................. 18 Other tax-exempt income 19 Nondeductible expenses .............................. 20 Properly distributions (including cash) other than dividend 593-28-3508 65-0743097 Pa~e2 (b)Amount (c) Forml040filersenter theamountincolumn(b}on: 2 See pa(3e 7 o1 the Shareholder's Instructions for Schedule K-1 (Form 1120S) and Instructions for Form 6251 Form 1116, Part I distributions reported to you on Form 1099-DIV 21 Amount of loan repayments for "Loans From Shareholders" . .... 22 Recapture of Iow-income housing credit: a From section 42(j)(5) partnerships b Other than on line 22a Form 1116, Part II See Instructions for Form 1116 See Shareholder's Instructions for Schedule K.-1 (Form 11205). Form 1040, line 8b 748 See pages 7 and 8 et the Shareholder's Instructions for 900~ Schedule K- 1 (Form F~ Form 8811, line 8 23 Supplemental information required to be reported separately to each shareholder (attach adclit~ona: schedules ,f more space ~s needed): 50! -0213 8:10 ~om~ 4562 Department ef the Treasury internal Revenue Service (99) Name(s) shown on return REELIZATION, INC. Business cr activity to which this form relates Depreciation and Amortization OMa.o. (Including Information on Listed Property) 2000 Attachment · See separate instructions. · Attach this form to your return. Seque,ce,o. 67 IIdentl~tlng number 65--0743097 .... R~qular Depreciation Election To Expense Certain Tangible Property (Section 179) Note: If you have any "listed property," complete Part V before you complete Part I. 7 8 9 10 11 12 Total cost of section 179 property placed in service. See page 2 of the instructions ................... 2 Threshold cost of section 179 property before reduction in limitation ................................... $200,000 Reduction in limitation. Subtract line 3 from line 2. If zero or less, enter -0- . ............................... Dollar limitation for tax year. Subtract line 4 from line 1. If zero or less, enter -0-. If married filin(:j separately, see pacje 2 of the instructions ....................................................... (a) El ..... ption of property kb) Cost(bu$i ......... ly)I (c) Elected cost ?~i:.ii!ii~:ii!?.:!i:!;ii~.;:.i;.i[.iiii~:iiii;.!i::iiiii!~:!:iiiii;'i;:iiii;' fill :: 1:3i:5:!:i:i:3:5: !:::~:::3:::i:3: i:~:733:i:~:?:?:?:~:i: Listed property. Enter amount from line 27 ...................... 7 [ ::5::.::;i~:::i:?:~!~i?::?:~}i~i;i~i~:.:i!~i.i::}:?::?:}!i:::" ::: : Total elected cost of section 179 property. Add amounts in column (c), lines 6 and 7 { 8 Tentative deduction. Enter the smaller o! line .5 or line g .......................... 9 Carryover of disallowed deduction from 1099. See pa§e 3 of the instructions .................................... tO Business income limitation. Enter the smaller of business income (not less than zero) or line 5 (see instructions) 11 Section 179 expense deduction. Add lines 9 and 10, but do not enter more than line 11 .......................... 12 13 Carryover of disallowed deduction to 2001. Add lines 9 and 10, less line 12 .......... · I 13 I I~lote: Elo not use Part II or Part III below for listed property (aurorae biles certain oth er vehicles, cellular telephones, certain computersa or property used for entertain mentI recreat ont or amusement}. Insteadl use Part V for steal property. iii!!ii~iiii~::~i:~ilil MACRS Depreciation for Assets Placed in Service Only During Your 2000 Tax Year Section A-General Asset Account ElecUon 14 If you are making the election under section 1680)(4) to group any assets placed in service dudng the tax year into one or more general asset accounts, check this box. See parle 3 el the instructions ....................................... > ~ Section B-General Depreciation System (GDS (See page 3 of the instructions.) kb) Month and (c) Bas~s for depreciation rd) Recovery (a) Classification of property year placed in (business/investment use (c) Convention (r) Method (g) Elepreciahon deducbcn service only-see instructions) parred 15a 3-year property .......... ':::' ......................... ':':'::' ................... ':: b 5-year property il;ii!il;iiiiiii!iii:~i!i?~!!i?~i?~iiii!iiiii::iiiiiiiiiiiii!ili!i 5,0 4 6 5.0 H Y 2 0 0 DB 1r 0 0 S d lO-year property ::i~:!:~:::::~:::~:::::~!:~:~:~?~i~i~ii~i:~!:~:::~:~3i:?::, f 20-year property i iiiiii i ! ii!: 9 25-year property 25 yrs. S/L h Residential rental 27.5 yrs. MM S/L property 27.5 yrs. MM S/L i Nonresidential real 39 yrs. MM S/L proper~y MM S/L 16a Class life :~ c 40-year I 40 yrs. I ~M $/L iiiiii~iil]i~ilili Other Depreciation (Do not include listed property.) (See page 5 of the instructions.) 18 Property subject to section 168(0(1) election .......................... ' ' ' ' 18 19 ACRS and other depreciation 19 iiiiiiii~a~ii::]~i:.ii Summary (See page 6 of the instructions.) 20 Listed properly. Enter amount from line 2~ ............................... [ 20 ] 21 Total. Add deductions from line 12. lines 15 and 16 in column (g), and lines 17 through 20. Enter I here and on the appropriate lines of your return. Partnerships and S corporations-see instructions. 21 5 ! enter the portion of the basis attributable to section 263A costs I 22 I For Paperwork ReducUon Act Notice, see page 9 of the Instructions. Form 4562 Form l120S, P1 2/13/01 8:10 pm REELIZATION, INC. FYE: 12/31/00 EIN: 65-0743097 5£ Form 1120S, Page 1, Line 19 - Other Deductions Description Amount AUTO EXPENSES BANK CHARGES CONTRACT SERVICES DUES OFFICE EXPENSES PAYRC~'L TAXES POSTAGE PROFESSIONAL FEES SUPPLIES TELEPHONE TRAVEL UNIFORMS UTILITIES 50% of Meals & Entertainment $ 4,5C -/ 2,62 2,4~ 4,0S 3,95 71 1,45 16,9C 2,0C 1,23 7~ 11 74 $ 41,65 Form 1120S, P4 2/13/01 8:10 pm REELIZATION, INC. FYE: 12/31/00 EIN: 65-0743097 Form 1120S, Page 4, Schedule L, Line 6 - Other Current Assets Description PREPAID PAYROLL TAXES Beginning End of Year of Year 5C. 215 $ 22 215 $ 22 Form 1120S, Page 4, Schedule L, Line 14 - Other Assets Description DEPOSITS Beginning End of Year of Year 557 $ 55 55v $ 55 Form 1120S, Page 4, Schedule M-2, Line 5(a) - Other Reductions Description Amount Disallowed Entertainment Exp $ 74 $ 74 II11~ ~ II JIllin g I!_1 ~1~11111 zuu, rmormoa mmangmDme ~-ersonal ~'ropeny lax Heturn tor L;orporation, - Partnership, and Fiduciary Filers as of January 1, 2001 Filing Status 5 Amende. Return Nume REELIZATION, INC. Address -- Changes ~ Bank/Trust Address FEIN 65--0743097 Address 100 MADEIRA AVENUE #2 8113000301013015036507430971 c.y,sm.~zw CORAL GABLES FL 33134 ) DOR Use Onh/ / L;UUL DR-601C R. 01/01 650743097 0 1800 00000000 0 0 0 0 0 5 0 0 00 1754000 0 0 1754000 0 0 0 0 1. Accounts Receivable 2. Loans and Notes Receivable (From Schedule B, Line 17) ......................................................... 3. Bonds (From Schedule C, Line 18) 4. Stocks, Mutuals, Money Market Funds, Limited Partnership Interests, and Beneficial Interest in Any Trust (From Schedule D, Line 19) 5. As Agent for Stockholders (From Schedule E, Line 20.) Do not enter negative value 1 7 5 4 0.0 6. Total Taxable Intangible Assets (Total of Unes I through 5) 1 7 5 4 0.0 7. Tax Due (Multiply Une 6 X .001) I! Line 7 is less than $60, no payment is due. 18.0 8. Credits (From Tax Credit Worksheet, Line 14) ...................................................................... 9. Total Tax Due (Subtract Line 8 from Line 7) ........................................................................ 0.0 10. Discount (Jan. or Feb. - 4%; March - 3%; April - 2%; May - 1%; June - 0%; if postmarked on or before the last day of the discount period. The discount period is net extended when ending on a Saturday, Sunday, or federal or state holiday. See Instructions, Page ?) 11. Penalty and Interest (See Instructions, Page 7) ................................................................... 12. Voluntary Election Campaign Contribution ($5.00 - See Instructions, Page 7) ......................................... 13a. Total Due 0.00 13b. Less Amount Paid with Extension 13c. Total Due (line t3a less Line 13b; U.S. funds only). The total due cannot be a negative number. An Application for Refund is required for all overpayments ........ 0.0 Under penalties of perjury, I declare that I have examined this return, accompanying schedules and statements, and it IS true, correct, and complete. If prepared by a person other than the tax~ y ?a er thisdeclarationisbasedonallinformafionofwhichthepreparerhasanyknowledg [ess. 199.232(2 ' 92.S2S(2)' and 837 06) ....... FS] · I 2/13/01t 59-2206071 Payment Coupon 2001 FL Intangible Tax Return m Paymer~ must be:~stmarked noJater than June 30, 2001, to avoid Penalty m Int. REELIZATION, INC :' ' ~'3'' ~--~ ~ Check here if you transmitted CSOL · - funds electronically DR-601C Do Not Detach FEIN 65-0743097 100 MADEIRA AVENUE #2 CORAL GABLES FL 33134 650743097 0 1800 00000000 0 0 0 0 0 5 0 0 00 1754000 0 0 1754000 Check here if you do not want the De~'~tment to send you aform next year. (*see back of coupon) 0 0 0 R. 01/01 Make Check Payable and Mail To: FLORIDA DEPT. OF REVENUE 5050 W TENNESSEE ST TALLAHASSEE FL 32399-0140 8113 00030101 301503 6507430971 CSOL DR-6OlCS PAGE2 REELIZATIONt INC. 65-0743097 R. 01/01 10C 100 101. 6900 10,169 10,169 7~371 17 ~ 540 Include additional schedules if necessary. Photocopies of all schedules are acceptable. You may use your broker's statement if all required Information is listed and the totals are transferred to the appropriate schedule(s). Nia~E: ID NUll~: REELIZATION, INC. 65-0743097 Election to Pay as Agents Notice to Shareholders TO: DATE: SUBJECT: Ail Stockholders of Record January 1, 2001 Election by corporation to pay this year's intangible tax. You are advised that this corporation in which you are a shareholder, has elected to pay on behalf of the stockholders of this corporation, the 2001 Florida Intangible Tax applicable to the value of said corporate stock. This notice is being provided to you pursuant to the requirements of the state of Florida statutes. JO~ ROBBINS ~MI-DADE COUNTY PROPERTY APPRAISER STE 710 111 NW i~T STREET 2000 MIAMI, FL 33128-1984 LLL 40-034900 FOLIO: 40~034900 Property Addr: SAME l CO FIDEN AL 93.074 F.S. As Required by Sections 193.052 & 193.062 F.S. Re~um to County Property Appraiser I~y April I to Avoid Penalties 2000 tale of Florida, County of MIAMI-DADE Federal EIN Soc. Sec. No. SIC/NAIC ~55--0743097 Il I Business Name (DBA-Doing ) ' g Address REELIZATION, INC. 100 MADEIRA AVE. #2 CORAL GABLES, FLORIDA 33134 REAL ESTATE FOLIO - if n~o ~, .dr-- is ~ ~e.~ ~.~.s 5. De, s you b~. b~.s. ~,his..nty: 06/01/98 Th is r~urn subj~ to audH with ~1 r~rds k~t by you. ,...,,.,..,r,.....~ to,...,,... ~'=',--: 01/01/00 12/31/00 t. Rede gbe nme ~d t~hone no. of ~n~ or ~son ~ ~ge of th ~ B~ne~. ~ Alth o~ my fis~ yr. ~d~ prior to D~. 31 ~ th e p~ ~ yr.. this ret~ ~PH T~S (305) 226-2896 refl~sprope"yadd~ions~ddeletionsthroughO~.31.Y,x No c~..~. ~ELI~TION~ INC. 6. Oas~beTypeorNa~eofYo~Bum~: ~ A~u~ ~y~ Loc~n of ~ope~y for Wh i~ th Is R~um is Filed (Street ~C~ ~ C~ Address - No.P.O. Box) 7. Tr~e L.el(Ch~ 3. Is your b u~a or f~ ~caa wit h ~ th e ~ota~ limils of a C~y? ~. D id you file a ImgJ le P~sonal Eop. Eel~ In th · county Iai Yr.? Yel X No v.. X No WhaCay? CO~ ~S ~f~.~d~.hatn~e~dwh~.? S~ as ~is return 4. Do You F,e aT~gib~e ~na~ ~op.,y T~ Re~um U.d~ ~y ~h~ N~e? S~e as this return Yes No X 9. Form~ ow.~ of Business: Re~Sho~e Ex~ ~ ~ ~pe~ed on Your most tec~t Personal Eope~y Ta ga. If ~ld,lo whom~ Bill or ~h~ CuEat T~ Return, ' S~e as ~is return Da. So,d: PERSON~ PRO~R~ SUM M~Y T~A~S EST. ORIGIN~ ~SER'S THIS IS A SUMM~Y SCHEDUL~ ONLY.The ~utes ~ PAGE 2 must OF FNR M~ INSTN I Fn USE ONLY be ~mplel~ ~ dail ad TOTAL~ at.ed below. A~ACH ~EMIZED LIST or DE~EClATION ~CH EDULE ~ow~g ~iginal Cost & Dsle of Acquisition. M[UE COST ~o. ~fi=. ~i~,. · ~fi=. M~i... s Li~ 900 .. i, 200. ~1. EOPEq.ip~.m. Co=,.t...Wo.d ~oc.~. 10,300. 11,483. 1[ Store, B~ & Lounge, md E~taurat F~ure & Equ~m~t, Etc. 13. M~ in~ ed M ~aming Equipment 14. From, Gro~e, ~d D~ Equ~m~t 15. ~of~s~n~, M~, D~td & L~or~o~ Equipment 16. HoteI, Motel,&~m~t C~plex 16~ R~ Units - Stove, R~rig., Furniture, Dr~ & ~pli~s 17. Mobi~ Home Attempts (C~ort, Utilffy Bldg., C~a. ~r~, Etc.) 18. Se~i~ StOlon & Bu~ ~l Equipment - Und~ground T~s, Lifts, Tools 19. Si~s- Bil~o~d, ~le, W~l, PoH~le, Dire~ion~, Etc. . . ' ~. Le~ old i~rov~ts - group by type, ye~ of ~st~l~ion, des=ipt. 21. ~llution Control Equ~m~t ' ~ Equipm~t own~ by you but r~ted, le~ or held by oth~s . ~. S~pll~ - Not Held f~ Rmle ~24. ~her - ~e~ Sp~ffy TOTAL ~,SON~ ~O~,~ ~ [ ~ 200. [2 ~ 683. Und~ p~alties of perjury, I d~l~e that I have re~ the foregoing t~ return ~d the LESS EXEM~ION: ( )WIDOW ( )WID~ER ( ) BLIND ~mp~ying s~edules ~d st~ements ~d th ~ the f~s st~ed in th em ~e true. If pr~ed by ~m~ne oth~ th ~ th e t~pay~, the prep~ sign~g th is ret ~n certifies th at ( )TOTAL DISABILITY ( )OTHER th is decl~at~n is b~ on all inform~ion of wh i~ h ~sh · h~ ~y knowledge. T~ V~UE DATE TITLE SIGNED DE~ SIGNED ~PA~R) ~T.;G~RO ~. C~S~ & CO. mREPA, ER) ~EASES~GNAND~ATE~OUR,E;U,,.S;ND;HE~G,NAL;OTHEC~,~ ADD,ESS 9260 S.~. 72~ S~;~ ~[~7 A~A~SER'SOFF,CE~APR,L~.UNS~GNED,ETUR,SCANNOTBEACCE~ED BYTHE A~ISER'S OFFICE. NOTICE: IF YOU ARE EN~TLED TO A WIDOW'S, MI~I, F~RIDA 33173 WlDOWEE'SO, DISABILI~EXEM~IONONE,SO,AL~O~R~OT P.o.E .o(305) 271-3094 ~EPA. E.'S~.D.* 59--2206071 ALRE~CLA~MED ON.EAL ESTATE)CONSULTA~SE.. 0~ LL1 Form UI<--4~ (Rev. 12-97) PAGE 2 TANGIBLE PERSONAL PROPERTY TAX SCHEDULES (ENTER TOTALS ON PAGE 1) ~SSETS PHYSICAJ_LY REMOVED DURING LAST YEAR RETIRED, SOLD, TRADED, ETC. Property fully depreciated but continuing in service must be reported on the schedules below. YEAR TAXPAYER'S EST OF ORIGINAL INSTALLED D ESCRIPTION AGE ACQ. FAIR MKT VALUE COST LEASED, LOANED, AND RENTED EQUIPMENT - Please complete if you hold equipment belonging to others. LEASE YEAR RENT PURCH YEAR OF PER RETAIL INSTALLED OPT ONi NAME AND ADDRESS OF OWNER OR LESSOR DESCRIPTION ACQ. MFG. MONTH COST NEW YES LINE 1 1 Enter Applicable Line Number (10-24)From Page 1 TAXPAYER'S TAXPAYER'S ESTIMATE OF ESTIMATE OF ORIGINAL APPRAISER'S USE ONLY YEAR FAIR MARKET Condition INSTALLED DESCRIPTION OF ITEM AGE PURCH. VALUE GoodAvg. Poor COST Condition 2OMPUTER 2 98 3,200.I X 3,674. X lt799 2OMPUTER 2 98 1,600 -i - uOMPUTERS 1 99 5t500.i X 6rOlO. EnterTOTALSonPagel-Conti ..... Separa,eShe.ti, Nec. lO,300.mlmm 11,483. m LINE 1 0 Enter Applicable Line Number (10-24) From Page 1 OFFICE FURNITURE 2 98 900. X 1,200. Enter TOTALS on Page 1 - Continue on Separate Sheet if Nec. 90 0. 1,2 0 0. LINE Enter Applicable Line Number (10-24) From Page 1 Enter TOTALS on Page I - Continue on Separate Sheet if Nec. LiNE 2:2 EQUIPMENT OWNED BYYOU BUT RENTED, LEASED, OR HELD BYOTHERS TAXPAYER'S TAXPAYER'S RENT ESTIMATE OF ESTIMATE OF NAME/ADDRESS & YEAR PER FAIR MARKET Condition RETAIL iNSTALLED LEASE NO. PHYS LOCATION DESCRIPTION AGE PURCH. MONTH TERM VALUE GoodAvg. Poor COST NEW mmmm Form DR--405 (Rev. 12-97i REELIZATION, INC. 65-0743097 Important Information Requested If this is your first time filing an Intangible Tax Return, please complete the following: Date of incorporation ........... I I Month Day Year Dateyo. bega. bus, ne ,.F,o da ..... I IE×amp,e: I0 lel lo 1210 I0 I01 CSOL DR -601C R. 01/01 PAGE 2 If your filing status has changed, please enter the previous FEIN, the new FEIN, and the new filing status: Previous FEIN New FEIN Filing Status Fiduciary ~J Final Return Affiliated Group of Corporations ~ Information Return Only (Must Submit List, See Page 10) (F,led Under Partnership SSN Corporation ~ Trustee 3. If your name/mailing address has changed or is incorrect, please complete the following: Name of Taxpayer(s) Attention or In Care of New Address City/State/ZIP Telephone Number Signature A. intangible Tax Paid to Another State (see Instructions). Identify State: A. O. B. Cleanup of Contaminated Dry-Cleanin~/Brownlield Sites (if credit not taken on F-1120) B. 14. Total Credit (Line A plus Une B). Enter on Schedule A, Line 8 14. Information Notices (If none of the boxes below are applicable, disregard this section.) Check thc appropriate box below: (see Information Notices on Page 9 of the Instructions) 1. [~ We hereby certify this corporation is not required to file a notice of stock value because its shares are regularly listed on a public exchange or traded over the counter. 2. D We hereby certify this corporation's Florida stockholders were notified of the just value per share on or before April 1, lor all of its shares that are not publicly traded or are restricted. A copy of the value notice is included with this return. 3. ~ We hereby certify this corporation elects to pay lhe intangible tax as agent for its Florida stockholders and certily ali Florida stockholders were notified of this election on or before April 1. A copy of the notice is included with this return. The corporation has included the value of its shares held by Florida residents on this tax return. 4. b~ we hereby certify this corporation has no Florida stockholders. Note: If checking box 2 or 3, and your company's stock is not regularly traded on the open market, make sure that the value reported for [he company's shares is a reasonable market value. Book value alone is generally NOT a good estimate for market value. Neither foreign currency nor funds drawn on other than U.S. banks will be accepted. State law requires a service fee for returned checks or drafts of $15.00 or 5% of the face amount, whichever is qreater, not to exceed $150.00 rs. 215.34(2), F.S.]. FILED 2003 FOR PROFIT CORPORATION UNIFORM BUSINESS REPORT ~ Feb 06, 2003 8:00 am DOCUMENT # ~ 7----0--~ I Secretary of State L Entity Name 02-06-2003 90120 (~7 ***150.00 2. Pdncipa! Place of B~siness 3. MailLqg Address Suile, Apt. #, mc. Suite, Apt. ~. etc. Ci~y &_ Stale Zip Cour~lfy Cih, & State Z~p [] CHECK HERE IF MAKING CHANGES 5. Ce~ificme of Stares I)e~ima $8.75 Ad,~ior,~ Fee Fl~uim<l 100 ~ A~ ~ CORAL ~ FL 33143 Name Sa'ee£ Am:/ress (P.O. Box Numbe~ is NO~ Acceptable) 8. The abo~e named enlity submits Ibis stat[w'nent lor the purpose e~ changing its registered office or registored agent, or both, in the Stale of Florida. I am fa~Ti~ia~ with, atr~ accept ', I~ obligatic~qs ol registered agent_ SIGNATURE FILE NO~III FEE tS ~l~lJ)Q Maim Check Pa~e to I~m~ida 13~ of ~m~ 10. , jCITY-ST-ZIP ; ;IT!E CIT"f -ST- J~P CI~ lilLE sI'qtL~ NTDRI:S~ CITY- $l- ZIP TAPANES, RAJ=AB. 100 MADEI~ AVE 02 ~ GABLES FL 33134 [] Oeia'e J 9. El(~;ti(~'~ CeJ?q~ai~_:_:_:_:_:_:_:_:_~ Rnan~ing ' Trust Fund Contdb~tlon_ [] t 11. STREET m*~ ADDITIONS/CHANGES 70 Ot~tCERS AND DIRECTORS IN 11 [] Cham~ E3 Aedition 12. ,' hereby certify ll'~ the intorma~ supplied ir4~ ~ ~s r~ ~ ~e~l r~ ATTACHMENT 5 .o.couus,o. State of -j~-i D/~ i ~/~ ) Coun~ of ~ ~ ~; ) that: I am the ~B'~ ~¢~ ~RO~OSE~ {Titlo) of ~~0,~~;. ~o~omtion or ~usin~ss InfiX) ~a~ has submi~ed the a~a~ed ~F~: , being first duly sworn, deposes and says I (Name of I am fully informed respecting the preparation and contents of the attached RFP and of all pertinent circumstances respecting such RFP. , Said RFP is genuine and is not a collusive or sham RFP. Further, the said THE PROPOSER nor any of its officers, partners, owners[, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Firm or person to submit a collusive or sham RFP in connection with the Contract for which the attached RFP has been submitted or to refrain from proposing in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference wi~ any other firm or person to fix the pdce or pdces in the attached RFP or to fix any overhead, profit or cost element of the RFP pdce or the RFP pdce of any other Firm, or ,to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the Community Redevelopment A.qency (CRA) or any person interested in the proposed Contract. The qualifications quoted in the attached RFP are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of THE PROPOSER or any. of its agents, r,~s~~~ers, employees, or parties in interest, including this affiant. (Signed) (Title) Subscribed and sworn to before me This /h day of FJ~ ~--~) My commission expires ,20 (~/ .~;,.,~; ~;,, Henry CAmpos --"-~ .~'--_ Commission//DD 151330 S,:00 "",;, '" AQ~c Bond~Co., 1~. Page 20 of 23 THIS PAGE TO BE SUBMITTED ALONG WITH RFP IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND & t~_,,,~ I:: I~T ~- R I ~ ATTACHMENT 6 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein proposed will be paid to any employees of the Boynton Beach CRA as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. Swom ,~ subscribed before me this 50 day of [~'~ 2004 NOTARY PUBL'ff~,'State of Florida at Large ,,:~?,,:,~ Henry Campos ~.~..~ Commission #DDI51330 ~. '~..~ Expires: Sep 18, 2006 'o.~.o' Ad~fic Bo~ing Co., i~. "OFFICIAL NOTARY SEAL" STAMP Printed Information: NAME TITLE COMPANY Page 21 of 23 THIS PAGE TO BE SUBMI'I-rED ALONG WITH RFP IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND Memo To: From: Subject: Date: CRA Board Annette Gray Youth Involvement Grant Program March 31,2004 At the request of Board Member Charlie Fisher, Staff has drafted a Grant Program that is targeted towards the Youth of our community. The program serves a dual purpose; first, it encourages the young people of the community to get involved in the revitalization of their neighborhoods and second, the projects created will assist in the refurbishing of visible areas that are physically and visually challenged. Eligible participants are non profit organizations with youth membership of five or more. The Grant has a funding limit of $2,000. Upon approval by the Board, applicants can qualify for up front funding of $1000 or up to $2,000 if they are able to provide matching funds. Upon completion of the project, the applicant must submit supporting documentation of fund expenditures to the CRA Board. The program addresses potential liability issues by requiring the organization to obtain a signed parental consent form for each youth participant (as youth is defined as a minor child up to the age of 18 years) and written documentation of the project's supervision and safety precautions. The proposed grant has been included in your backup documentation for your review. 5089 2004/2005 YOUTH INVOLVEMENT GRANT PROGRAM PROGRAM AGREEMENT Boynton Beach Community Redevelopment Agency PROGRAM REGULATIONS Eligibility Requirements: 1. The Grant Program is available only for Non-Profit Organizations. The grant for public projects must directly benefit the community revitalization area of the Boynton Beach Community Redevelopment Agency (CRA). Note: See Attached CRA Map. The CRA will consider approval of grants for youth focused groups with a minimum of five (5) youth participants per program grant. A youth is defined as a minor child up to the age of 18 years. The group or organization, if applicable, must complete the proposed project within six (6) months from the date of grant award. Failure to complete the project in a timely manner may result in the grantee losing the grant. The Board may consider time extensions. APPLICATION PROCESS 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, FI 33435, 561-737-3256. During regular business hours of Monday - Friday 8:00 AM to 5:00 PM. An original application and eight (8) copies of all materials are to be returned to the Boynton Beach Community Redevelopment Agency for review and approval by the CRA Board. Applications will be considered on a first-come, first served basis. Applicants must take the necessary steps to ensure that their submitted application is properly time stamped to document receipt by the CRA. The applicant will be notified of approval by return mail 3. Upon approval, appropriate grant program documents will be prepared in the CRA Attorney's office. Applicant shall obtain, read and understand all aspects of the Youth Involvement Grant Program Agreement, including Program Regulations. 5090 Boynton Beach Community Redevelopment Agency Youth Involvement Grant Program Agreement The Applicant agrees to provide a completed application and proposed budget (with required copies) two months prior to the 15t~ of the month before the CRA Board Meeting for the CRA's consideration for funding. CRA Acknowledgement for Funding: The applicant will acknowledge the CRA's participation in the Youth Involvement Grant project. 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 prior to commencement of the Project, however, at the conclusion of the Project, the grantee must submit supporting documentation to the CRA Board, which will consist of project accounting, project analysis summary, media exposure received, etc. which should correspond to the approved grant expenditures. CRA Project 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. FUNDING IS AT THE SOLE DISCRETION OF THE CRA BOARD. Witness (Date) Organization President (Date) or Responsible Adult Witness (Date) CRA Director (Date) 5091 Boynton Beach Community Redevelopment Agency Youth Involvement Grant Program Agreement Page 2 of 3 CRA Area in. = 1,00 miles 5092 Boynton Beach Community Redevelopment Agency Youth involvement Grant Program Agreement PROGRAM GUIDELINES The following guidelines are intended to inform a potential grant applicant of the extent and scope of the program. The purpose of the program is to encourage reinvestment into the community by the youth of Boynton Beach. Moreover, to assist organizations whose majority members are comprised of young adults to improve public areas and to encourage collaborative efforts and partnerships between the Boynton Beach CRA, Youth driven Associations, Citizens and Students of the Boynton Beach area. The program will halt deterioration, stabilize property values, improve and upgrade appearance of the area and facilitate and encourage redevelopment activity in the target area. The following guidelines are applicable to this program: The program is available only for projects located within the Community Revitalization Areas of the Boynton Beach Community Redevelopment Agency (CRA). Note: See attached Beautification Grant Area Map. 2. Eligible exterior improvements for this program include: Any property or project site that has high public visibility. All work must be in compliance with applicable Boynton Beach Codes if applicable, and all contractors must be licensed in the City Boynton Beach/Palm Beach County. If the Applicant(s) installs enhanced landscaping and or signage it must be in accordance with City Ordinance No. 98-43. o Maximum Grant Amounts: The CRA will provide a grant for eligible projects up to a total of one thousand ($1,000) or if matching, up to two thousand ($2,000) of CRA funds. The Youth Involvement Grant Program may only be used one time in any one fiscal year. Properties may re-apply for additional grants in later years. Applicants shall be limited to one grant per CRA budget year (October 1st to September 30th). 5094 Boynton Beach Community Redevelopment Agency Youth Involvement Grant Program Page 2 of 4 2004/2005 YOUTH INVOLVEMENT GRANT PROGRAM APPLICATION FORM Boynton Beach Community Redevelopment Agency Maximum Grant Amount is $2,000 Per Fiscal Year (Please Print or Type Only - Use Additional Sheets If Necessary) APPLICANT INFORMATION Name of Applicant: Address of Applicant: City/State: Project Location: Zip Code: President/Owner/Agent: Non-Profit Status: Phone # Day: Fax: Number of Youth Membership: Age Range of Youth: Description of the Project: Evening: E-Mail: 5093 Boynton Beach Community Redevelopment Agency Youth Involvement Grant Program Application Page I of 4 PROJECT INFORMATION Description of the Project Attach the following items: · Project work write-up(s) describing in detail the scope of the project, · Plans or sketches if applicable, · Site plan and plant list for landscape projects, if applicable, · Estimated time line, for completion, · If a matching grant, evidence of financial ability to pay for the project match (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," · Project color chips / material samples and material specifications if applicable, · Describe the project's supervision and identify the responsible adult and their authorization (Note: All minors must have parental consent form signed to participate. The applicant shall solely be responsible for the safety of participants. Please address how this will be accomplished). Applicable documents must be attached for the Application to be processed. By signing this Application, I acknowledge that I have received and read a copy of the Program Agreement, and I understand and agree to comply with its content. Witness (Date) Organization President (Date) Witness (Date) CRA Director (Date) STATE OF FLORIDA, COUNTY OF PALM BEACH Boynton Beach Community Redevelopment Agency Youth Involvement Grant Program Page 3 of 4 5095 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 Youth Involvement Grant Program Page 4 of 4 5096 VII. Director's Report 5010 Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxihary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. MEMO To: From: Date: Subject: CRA Board Douglas Hutchinson April 13, 2004 CRA Activities Development Items: Group A · Town Square Taskforce - As directed by the members of the Commission at the March 30~h joint workshop, Staff is looking for a volunteer to be appointed to the taskforce from the CRA Board. DH Annual report - A Comprehensive Annual Report is being developed. Drafts of the Annual Report will be presented for review in April as an FYI and final approval in May. DH · Florida Trust for Historic Preservation 26th Annual Conference- The Conference will be held in Delray Beach on May 13-15, 2004 with tours planned to Boynton Beach (VVomen's Club and the Old H~qh School) and Lake Worth. The Organization has asked each city to be a Silver Sponsor valuing $1000. The City mana_cler's office has asked the CRA to contribute one half of the sponsorship which is $500. DH 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. DH Way-Finding Signage Program - Phase II (manufacturing) and Phase III have been approved by the CRA Board to move forward. Final si.qn text~ map Iocation~ and legends were sent back to Guidance Pathways for manufacturing. DH · MLK Property Acquisition Phase I - Coordinating with Dale Sugerman and TUG for purchases (See response letter regarding 5011 the HUD regulations and the letter from Dale - both were sent FYI to CRA Board) - Update from Lindsey and the Director. See a~qenda. CBD Parking Acquisitions - Negotiations have been underway to acquire future public parking spaces. Project scope includes several existing owners in the targeted Block. Comprehensive Redevelopment Master Plan for the Block is being completed by the private sector. The CRA is meeting with the involved parties to finish mapping out issues. Staff is targeting Sorin¢ or Early Summer for "letter of understanding" between the various parties. DH Police Uniform & Selection & Logo Identification on Patrol Car- Attached for your review and comments are the su¢_clestions for the CRA patrol uniforms and Io.qo identification for the patrol car. Staff is recommendin.q the shorts and polo shirt uniform. Boynton Beach Blvd District Redevelopment Plan Update - Final update is being compiled. Presentation will take place when additional study area from Seacrest to FEC is completed. DH Desi.qn Guidelines Overlays -The document has been .qiven back to RMPK Group for their next revision. Work has been delayed due to a conflict in LDR mixed use re-writes not matchin.q new LDR concept, therefore no Des~qn Guidelines can be written until this is resolved by the city in April. DH Museum Feasibility Study Team - The contract has been executed~ the deposit check si.qned, and the latest Promenade/Riverwalk Plans forwarded to the architect. DH CRA Brochure and Web Site Development- The CRA Board approved the CRA Logo and Web Site design in February. The initial order for stationary, envelopes, and business cards with the new CRA Ioclo are in the final sta.qes of approval and should be delivered next week to the CRA office. Jack of Arts is also .qoin.q forward with Web Site Development and setup and should have the mockups completed by next week. DH Events - Wheels Weekend 2004 was a hu.qe success. The event continued with its themes of the fifties style street dance with a kid's zone and live entertainment provided by the Blues Brothers Review. The event yielded approximately $1500.00 profit. AG 5012 The Herita.qe Festival: See "Event Wrap Up" in your FYI packa.qe. AG · Genesis Business Program- Staff is currently in the process of identifyin.q the members of the selection committee. Once the seven members of the committee have been identified~ an initial meetin.q will be set up for mid April to .qarner Mentor information. A G 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 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 has attached the proposed office modifications, which enclose the conference room and the Executive Director's office. We have three quotes for this project which do not include the window option or permitting: Burkhardt Construction Casuarina Elite Home Builders Winqate Corporation $6,730.00 $9,256.00 $9,973.00 $8,850.00 The window features will cost $550.00 each. Mr. Moore has already aloDroved these additions to the offices. · Grants Update Fred and Joe's Automotive and St. Mark's Church will start their I~roiects in the next 30 days. Weiss Memorial Chapel has completed their renovations and will be submittin.q for reimbursement. Delray-Boynton Academy has reapplied for the Facade Grant, and is workin.q with staff to isolate faGade 5013 .qrant improvements from the total project. Delra¥-Boynton Academy will be presented to the CRA Board in April. SV The Re.qions Development Grant Round Vlll was awarded to Delray-Boynton Academy on March 18, 2004. Staff has submitted their application to the County Economic Development Division, which will review the application and if approved will send it to the County Commissioners in June 2004 for approval The Economic Development Division will be sendin.q the contract for Round VIII between the CRA and the County in April. Innovative Windows~ which was a Re_~ions Development Grant Recipient last year, has hired 15 employees to date and now has a backlo.q of orders for windows. They have placed a bid for the windows portion for the Marina Project. Boynton Seafood is startin.q construction on the office space and small dinin.q area. They are excited to be movin.q forward with their renovations. Grants Trip Washin_~ton DC- Con.qressman Clay Shaw has issued an invitation for the Director to join him in Washin.qton DC May 4th- 7th for a roundtable discussion on .qrant fundin.q of proposed projects in Boynton Beach such as the Trolley Pro_clram~ Sava.qe Creatures of Ancient Seas Attraction and the Boynton Beach Extension/RiverwalldPromenade. DH 5014 February 18, 2004 Mayor J.e~ Taylor. City of Boynw~ l~ch P.O. Box 310 Boynt~ Beach, FL 33425-0310 Dear Mayor Taylor: Tho Florida Trust for ~storie Pres~ation will'be hos!i__'_~ i,s 26a'Anaual Co~ren¢,~ in tl~ dily of Dehay Beach, Florida, May 13,I$, 2004. i-Iull. ~ ofprofessio~ls atler~ this oor~renc~ including .arolfite~, planners, hisimio pree~s'vat!onis/s and urban We have a vm,y positive economio impact on ihe local community md tl~ oomay, as o~r al~endees spend four ~ays eatin~ shoppi~ and tourin8 Palm B~a~h County's historio tr~sBr~. In Bo~n/oa, we will be visitmfl tl~ Wom~n's Club ~d'we will also tour around Boston Beach ~ho01/muset~m. Pl/s~:~oi~ider hying ~ City ~fBo~on B~h ~ C~ ofL~e Wo~ ~d ~ ~ W~ Ch~ of C~o ~ ~ ~p~ to ~ a ~v~ S~n~r ($1000), yo~ dry ~I1 will ~ ~ ~ m ~ ~r on ~ ~ ~. Y~ ~ ~ ~ in. ion io ~ ~1~ ~clud~ ~ W~s ~ ~ ~0 Ev~t, I ~e ~cl~ ~e Silv~ S~ ~ ~ ~eH ~ you.~ r~ ~ the b~eflts. ff you have any. qu~lio.m rebating the benefits of sponsorship, plea~, do not hesitate ~ c~ll me'at 850.224,8125, I .hopo that. the City. of Boynton D~ach 6an help Sponsor .our conttsr~ca,.'l~rhaps whh the ,help of your ~ity's. CRA~ A copy of this letter wilt ~o w Doug Hu~hinson as well.. ' Thank you for your. consideration. We look forward tO a wond~dhl event in Palm Bench · - .RECEIVED Road, Tall~e, Yl~ridn 3 2~ + T. lep~ne( 5015 CITY MANAGER'S OFFICE COMMI~SION~ MCCA~T¥ PAGE 04 Silver Sponsor $1,000,2,500 Spo~mor aokm~wledgm~t Jn thc Florida Trust's Thg Florida Pre, ervationist, distributed. statewtde (J, 000 readershtp bimontM~,). Spo~or acknowledgment Ja thc Florid~ Trust Annual Conference brochure, distributed nationally aad state,,vide (5, 000 readership). Sponsor acknowl~lgment in the Florida Trust Annual Conference on.site brochure, aimibuted to ~ conference atamdees. Sponsor infomaation inserted in 'the Florida Trust Annual Cortf~c¢ packets, distributed to all conf~nce attendees, Sponsor ~lmowledgm~nt on publicity provided at the Florida Trust Annual Coafer, nc~. * * Invitation to thc Florida Trust Prcsident'~ Reception. * One oomplimentary Full Confcr~rice Registratio~ to the ~Florida Trust AIU*lual Coafete~ce. * Four complfmentary tickets to fl~e Florida Trust Final Gals.. All contributions are tax deduottble ~s allowable by law. Documentat/on of the sponsor's gift will be providod by the Florida Trust for Historic Preservation, a ngnpro!it corporation with 501(cX3) tax-~mtus. Other. sponsorship benefits can be negotJatod with the lqorida Trust for Historic Prcse~ltion, ' For more informatjou or to confirm sponsorship, please contact Kalbleen $1esuiok Kauffman, Executive Director in the Tallahassee Office, (8~0) 224-$125, or by email, dir~0tnr(~floridatrust, org. 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 F'YI 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-Hom. 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 Ill have been approved by the CRA Board to move forward. Final sign pictures, map location, and legends were sent out to the CRA board on Friday. Staff is requesting input back on the CRA signs 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 agenda. CBD Parking Acquisitions - Negotiations have been underway to acquire future public parking spaces. Project scope includes several existing owners in the targeted Block. Comprehensive 5017 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 Aprii for "letter of understanding" between the various parties. DH Boynton Beach Blvd District Redevelopment Plan Update - Final update is being compiled. Presentation will take place when additional study area from Seacrest to FEC is completed. DH Design Guidelines Overlays - RMPK submitted a rough draft of the design guidelines for Board review and comment. RMPK is finishing the other types of zoning desJgn 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 give 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 meeting will be set for March if the direction is to move forward at the March CRA Meeting. See A.qenda. DH CRA Brochure and Web Site Development- The CRA Board approved the CRA Logo and Web Site des~qn in February. Staff has instructed Jack of Arts to get three estimates for the initial purchase of letterhead, envelopes, and business cards. Jack of Arts is also going forward with Web Site Development and setup. DH Events - Wheels Weekend 2004 is a partnership among 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 l lpm. AG The Heritage Festival: The HeritageFest celebration was an overall success. The Caribbean carnival held on Martin Luther King Jr. Blvd was successful in that the vendors, including local businesses, did very well. Attendees were pleased with the entertainment and the opportunity 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 5018 MEMO To: CRA Board From: Douglas Hutchinson Date: February 10, 2004 Subject: 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/PromenadelRiverwalk 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. DH Way-Finding Signage Program - Phase II (manufacturin_cl) and Phase III have been approved. Pictures of the si.qns were sent out to the CRA Board in January. 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) CBD Parking Acquisitions - Negotiations have been underway to acquire future public parking spaces. Project scope includes several existing owners in the targeted Block. Comprehensive Redevelopment Master Plan for the Block is being completed by the private sector. A meeting has been set up for Friday, February 6th, 2004. Staff is targeting April for "letter of understanding" between the various parties. DH 5020 4628 appreciation and hope that events will continue in their ne~qhborhood. AG · Genesis Business Program-Staff will have a draft for approval in March. A G Group B Land Development Regulation (LDR) - LDR to-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_cl 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 Delray Academy has reapplied for the Faqade Grant, which is in front of the CRA Board this month. SV The Re.qions 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 II will create two jobs. Staff will present completed application for approval to the CRA Board at the March 9th meetinq. SV 5019 · Develop Project Workload Analysis - Staff sent out the Cash Flow Analysis and staff workloads in the FYI packages this week. DH Group C Awards Program - Staff has scheduled meetings to collect existing program materials to use as a starting point for the CRA program. Possible Office Options - Staff is working on estimates for the cost of adding walls to separate conference area from open office. · Grants Update Grace Fellowship Church, which is 93% completed, Boynton Boundless, LLC, which is 50% completed, and Fred and Joe's Automotive~ which should start in the next 30 days have applied for Facade Grant extensions as per the contract. Staff is recommending the approval of the extensions. St. Mark's Church is applying for a Facade Grant in February. SV The Regions Development Grant Round VIII is now available to businesses in the CRA Area. A Public Notice was published January 25th and February 1, 2004. We have had nine applications picked up and several phone calls. Staff sent out the applications, el~qibility requirements, and schedule to the CRA Board in the FYI for information only. Staff will present completed application for approval to the CRA Board at the March 9th meeting. SV 5022 4630 · Boynton Beach Blvd District Redevelopment Plan Update - Final update is bein,q compiled. Presentation will take place when additional study area from Seacrest to Federal 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. · Museum Feasibility Study Team - The initial meetin.q will be set for March. DH CRA Brochure and Web Site Development- Work has begun on the Logo Concept Development and Web Structure. Logo choices have been forwarded to the CRA Board members for comment. DH · Events - Wheels Weekend See A.qenda Item AG. The Herita_~e Festival: plans include a Caribbean Celebration to be held on Martin Luther King Ave. on February 27, 2004 from 6:00 PM to 11:00 PM. Prior to the event on Martin Luther King's Birthday; the CRA Staff, The Heritage Festival Committee and the Volunteers of the United Way will join forces to do an organized clean up of the area (Seacrest from Boynton Beach Blvd. & MLK). The Caribbean Celebration will include live entertainment and cuisines from different regions of the Caribbean. A VIP tent will host a greeting and autograph session of internationally recognized Caribbean entertainers and dignitaries representing their countries. Other elements include kids entertainment and carnival rides. 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 5021 4629 BURKHARDT CONSTRUCTION, INC. Vincent G. Burkhardt President March 24, 2004 Boynton Beach Community Redevelopment Agency 639 East Ocean Avenue, Suite 107 Boynton Beach, FL 33435 Re: New Conference Room and Office Dear Mr. Hutchinson: We propose to provide all labor, materials and equipment to install approximately 52 LF of partition and two 3'-0" x 6'-8" x 1-3/4" flush doors as per plan received 2/18/04 for the total cost of: SIX THOUSAND SEVEN HUNDRED THIRTY & 00/100 ..... DOLLARS $6,730.00 Window Option: Add one 3'-0" x 6'-8" fixed glass window, add $550.00 each. Work will include: Permit application. · Misc. electric to relocate one switch, add six electric outlets, add one light switch and adjust existing ceiling light locations. · Provide return air over two new doors. · Painting of new partitions only to match existing. Work will not include: · Carpet or furnishings. · Permit fee. · Moving and relocating existing office fixtures. Thank you for the opportunity to submit an estimate for this project. RespectfuJ~.s William 7 Yar ed, INC. CTION, ~mit 5027 1400 Alabama Avenue · West Palm Beach, Florida 33401 · (561) 659-1400 · Fax (561) 659-1402 01/19/2000 01:23 5617454968 CASUARINA CORP PAGE 01 ¢ o r CIA I o a l; i o n March 28, 2004 Boynton Beach Community Redevelopment Agency 629 East Ocean Avenue, Suite 107 Boynton Beach, FL 33435 Attention: Mr. Hutchinson ~ROPOSAL We propose to furnish labor, material and equipment for Suite 107 at the address shown above as per the sketch provided 2/18/04 and as per the following Scol~ of Work, Bid Notes and Alternates: Obtain building permit. Permit to be paid for by BBCRA. · Install partition walls. · Install two wood flush doors and jambs, 3'0"X6'8"X1-3/4' thick. Install six electrical outlets, relocate one switch, add one switch and realign existing light~. · Install return air grilles over two doors in new partitions. · Paint new partitions and new doors to match existing. FOR THE TOTAL SUM OF $ 9,2~,6. ALTERNATE · Install 3'0"X6'8" fixed glass window. Add $ 625. to Base Bid. B, ID NOTES · This proposal does not include air conditioning modifications other than show~ above, carpet or furnishings. · Temporary utilities to be provided and paid for by Owner. · This proposal valid for 30 days. 5028 (.Gl= N~_RAI. CC) NTr~'AcTo I~) FROM : ELITE HOME BUILDERS PHONE NO. : 561 374 5966 Mar. 22 2004 07:35PM P2 ELITE HOME BUILDERS, Inc. 11062 $. Milim~3r Ttakl, Ste # 4~1 Boynton Beach, FL 3:5437 (561) 495-41~$ ~ Fax (561) 49~661 March 22, 2004 Susan Vielhaucr,Controllcr City of Boymon Be, ae.h Community Redevelopment 637 E. Ocean Ave., Suite 107 Boynton Beach, Fl 33435 Reference: Revised construction plans The cost listed below is based upon the latest plans you sent me. Your memo dated February 2004 with attached one sheet plan. The price includes the fo. llowing: Permits required Inspections required Move elecwical fixture requ,ixed Add rexluired electrical outlets Two each 3'x6'~8" p~hung, hollow cote, raised panel, paint grade doors Two complete door tmrdwarc sets All interior partitions as shown on plan with %" drywall both sides Insulation in all partition walls Partitio-lng height from carpet to acoustical ceiling All painting of walls and wood work Vfilyl base If required work to commence after office working hours Clean and dust after each work ~sion If two ~ections of fixed glass required (tempered) as shown add Six Hundred Forty Two Dollars .($642.oo The total lump sum turnkey price is Nine Thousand Nine Hundred Seventy Three Dollars ($9,973.00) 5029 Mar 30 04 OS:35a Wingate Corporation (SB1) B41-9645 p.2 Construction · ProJe,:t Mana(ement · Development PROPOSAL March 29, 2004 Boynton Beach Community Redevelopment Agency 639 Fast Ocean Avenue, #107 Boynton Beach, Florida VIA FACSIMILE (561) 73%3258 Project: Interior Remodel of Office #107 / 639 East Ocean Avenue, Boyaton Beach, Florida WE llq~.REBY SUBMIT SPECIFICATIONS AND ESTIMATES FOR: Construction of partitions with two doors as per plans dated 2/18/04. Miscellaneous electric and painting of new partitions only. NOTE: Permit by other. HVAC by other. WE PROPOSE hereby to furnish material and labor complete in accordance with above specifications for the sum off Eight Thousand Eight Hun,dred F'ffiy ~nd 04)/100 Dollars ($8,850.00). Ail work guaranteed to be ns specified. All work to be completed in a workmanlike manner according to stnndard practices. Any alterations or deviations ~om the above speeifications involving extra costs, will be ex~cu~ed only upon written change orders, and will become an extra charge over and above the estimate. All agreements nrc contingent upon strikes, accidents or delays beyond our control. Contractor to carry general liability and worJonens' compensation tnsurnnce. Owner to carry fire, tornado and other necessary insurnnee. This proposal is sabjeet to aeeeptonce within thirty (30) days, and ts void thereafter at the option of the undersigned. Respectfully submitted, ~.~ ~ a~mflthy I~gate, Sr~ident ACCEPTANCE OF PROPOSAL - The above price, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Signature: Date: 5030 3518 Broadway · West Palm Beach, Florida 33407 Phone: (561) 841-9644 · Fax: (561) 841.96,45 · URL: www. wlngatecorporaflon.com ~. 5031 5032 X. Commission Action 5106 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 ora service, program, or activity conducted by the CRA. Please contact Douglas Hutchin.qon 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 5107 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 indiv/dual with a disability an equal oppommity to participate in and enjoy the benefits ora 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 5108 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. Xlll. Other Items 5109 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 ora service, program, or activity conducted by the CRA. Please contact Douglas Hutch/nson at 561-737-3256 at least twenty-four hours pr/or to the program or activity in order for the CRA to reasonably accommodate your request. x v. Future Agenda Items A. Consideration of Pilot Program for Trolley Service in the CBD (May). B. Consideration of Securing CBD Surface Parking Rights (June). 5110 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 ev/dence 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. 5111 Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disabihty an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity m order for the CRA to reasonably accommodate your request.