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Agenda 06-08-04 II. III. IV. COMMUNITY REDEVELOPMENT AGENCY Tuesday, June 8, 2004 Commission Chambers Boynton Beach 6:30 P.M. Call to Order. Roll Call. Agenda Approval. A. Additions, Deletions, Corrections to the Agenda. B. Adoption of Agenda. Consent Agenda A. Approval of Minutes of May 11th Meeting and May 20th Workshop. Pg. 5318 B. Financial Report. Pg. 5342 Public Audience Pg. 5357 VI. Public Hearing Pg. 5358 Old Business Pg, 5359 A. Site Plan Time Extension 1. PROJECT: AGENT: OWNER: Schnars Business Center (SPTE 04-003) (Tabled May 11th) James W. Mahannah, P.E., Schnars Engineering, P.E. 924 Venture, L.L.C. 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 3vhere 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. LOCATION: 924 North Federal Highway DESCRIPTION: Request for a one (1) year time extension of the site approval granted on February 18, 2003, from February 18, 2004 to February 18, 2005. New Business Annexation 1. PROJECT: Waterside (ANNEX 04-002) AGENT: Carlos Ballbe, Keith & Ballbe, Inc. OWNER: Hector Garcia, Southern Homes of Palm Beach, LLC LOCATION: East side of South Federal Highway, between Palmer Road and Chukker Road DESCRIPTION: Request to annex 7.30 acres of property in connection with the request to build 115 fee-simple townhomes and related site improvements. Land Use Plan Amendment/Rezoning 1. PROJECT: Waterside (LUAR 04-002) AGENT: Carlos Ballbe, Keith & Ballbe, Inc. OWNER: Hector Garcia, Southern Homes of Palm Beach, LLC LOCATION: East side of South Federal Highway, between Palmer Road and Chukker Road DESCRIPTION: Request to amend the Comprehensive Plan Future Use Map from Commercial High Intensity and Medium Residential (Palm Beach County) to Special High Density Residential; and Request to rezone from General Commercial (Palm Beach County) and Multi-Family Residential to Planned Unit Development (PUD). Any person who decides to appeal any decision of the Commumty 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 servi.c, es where necessary to afford an individual with a disability an equal opporttm/ty 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. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: New Site Plan 1. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Proposed use: 115 unit townhouse community. Florida Collision Center (LUAR 04-005) Carl A. Cascio, P.A. Boynton Beach RE Enterprises, Inc. 902 NE 3rd Street Request to amend the Comprehensive Plan Future Land Use Map from General Commercial (GC) to Industrial (I); and Request to rezone from General Commercial District (C-4) to Industrial District (M-l). Proposed use: auto body repair, storage and towing. Phillips Industrial Lot 4 (NWSP 04-008) John Phillips Phillips Equipment 1040 West Industrial Avenue Request for new site plan approval for an outside storage lot for RV, boats and trailers and related site improvements, on a 1.44-acre parcel in a M-1 zoning district. D. Site Plan Time Extension PROJECT: AGENT: OWNER: Arches (SPTE 04-004) Ryan Weisfisch, Boynton Ventures 1, LLC Multiple Owners 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 opporttmity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561~737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. VII. VIII. IX. Xl. Xlll. XlV. XV. LOCATION: DESCRIPTION: Director's Report Pg. 5360 Old Business Pg. 5374 New Business Pg. 5375 Southwest corner of Ocean Avenue and Federal Highway Request for a one (1) year time extension of the site plan approval granted on June 3, 2003, from June 3, 2004 to June 3, 2005. A. Consideration of Fagade Grant Application Scully Burgers. Pg. 5376 B. Consideration of The Urban Group's Relocation Services. Pg. 5416 C. Consideration of Acquisition of Property at 129 NE 9th Ave in the MLK Phase I Area. Pg. 5431 A Commission Action Pg. 5432 Board Member Comments Pg. 5433 Legal Pg. 5434 Other Items Pg. 5435 Future Agenda Items Pg. 5436 A. CRA Workshop on the Boynton Beach Boulevard Corridor Study (June 17th). B. CRA Workshop on Comp Plan Amendment (June 17th). C. Budget Workshop (June/July). D. City/CRA Workshop (July). E. Annual Report (July). F. Consideration of Contact for Police Pilot Program in the CRA Boundaries (July). Adjournment Pg.5437 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 yihere 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. MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY REGULAR MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, MAY 11, 2004, AT 6:30 P.M. Present Henderson Tillman, Vice Chair Doug Hutchinson, CRA Director James Barretta Lindsey Payne, Board Attorney Alexander DeMarco Don Fenton Charlie Fisher Absent Jeanne Heavilin, Chairperson Larry Finkelstein I. Call to Order In the absence of the Chairperson, Vice Chair Tillman presided and called the meeting to order at 6:35 p.m. I1. Roll Call The Recording Secretary called the roll and declared a quorum was present. II1. None Agenda Approval A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda Motion Mr. DeMarco moved to and unanimously carried. IV. Consent Agenda A. approve the agenda. Motion seconded by Mr. Fenton Bo Approval of Minutes of April 13, 2004 Workshop, April 13, 2004 Regular Meeting and April 15, 2004 Workshop Financial Report 5318 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL May 11, 2004 Mr. Fenton requested that Item B, Financial Report, be pulled for discussion. Consideration of payment of $15,000 for the Fa(;ade Grant Application for Grace Fellowship Church Motion Mr. DeMarco moved to approve the Consent Agenda, as amended. Motion seconded by Mr. Barretta and unanimously carried. B. Financial Report Mr. Fenton referred to the Interest Rate Comparison Memo dated May 11, 2004 that was distributed by Ms. Vielhauer. Mr. Fenton noted that the Board currently has their account with SunTrust and because their interest rate is 30 basis points more than the other three banks, the funds would remain with that Bank at 1.40%. Ms. Vielhauer stated that this was correct. Ms. Vielhauer will continue to monitor the rates. Motion Mr. Fenton moved to approve the Financial Report. Motion seconded by Mr. DeMarco and unanimously carried. V. Public Audience None VI. Public Hearing Old Business - None New Business Mr. Hutchinson recommended that the Board consider Items A.1, B.1 and D.1 simultaneously since they are part of the same project. A. Annexation Project: Agent: Owner: Location: Bayfront (ANNEX 04-001) Carlos Ballbe, Keith & Ballbe, Inc. Hector Garcia, Southern Homes of Palm Beach IV, LLC. West side of South Federal Highway, approximately one-quarter mile south of Old Dixie Highway "5319 2 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL May 11, 2004 Description: Request to annex 2.46 acres of property in connection with the request to build 48 fee- simple townhomes and related site improvements. B. Land Use Plan Amendment/Rezonin.q Project: Agent: Owner: Location: Description: Bayfront (LUAR 04-001) Carlos Ballbe, Keith & Ballbe, Inc. Hector Garcia, Southern Homes Beach IV, LLC. West side of South approximately one-quarter Dixie Highway Request to amend the Comprehensive Plan Future Land Use map from Commercial High Intensity (Palm Beach County) to Special High Density Residential; and of Palm Federal Highway, mile south of Old Request to rezone property from General Commercial (Palm Beach County)to Infill Planned Unit Development (IPUD). Proposed use for multi-family development consisting of 48 units. Dick Hudson, Senior Planner, presented the item on behalf of staff and explained that this is a three-part request: (1) Annexation; (2) Amend the Future Land Use Designation from C/H 5 (Palm Beach County) to special high density residential at 20 units per acre; and (3) Rezone from GC (General Commercial), Palm Beach County designation, to Infill Planned Unit Development (IPUD). The property owner is Southern Homes of Palm Beach and the property is located on the west side of South Federal Highway, approximately one-quarter mile south of Old Dixie Highway. The parcel consists of 2.46 acres. The applicant is requesting to do an IPUD with 48 units. Mr. Hudson reviewed and pointed out the properties and their uses that surround the proposed project Staff is recommending approval of the requested land use amendment and rezoning. The request is consistent with the objectives of the City's annexation program, the development policies of the Comprehensive Plan and the adopted Federal Highway Corridor Community Redevelopment Plan. The requested land use amendment and rezoning would allow the development qf a. project that will benefit the City, fiscally and 532O 3 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL May 11, 2004 aesthetically. Mr. Hudson pointed out that there is not much demand for retail/commercial in this area, but there is a proven demand for residential use along the Federal Highway Corridor. Attorney Payne administered the oath to all persons that would be testifying, including Mr. Hudson who had just testified. Mr. Fisher inquired that since the property is not currently part of the City, how would it become part of the CRA. Mr. Hudson pointed out that the CRA boundary extends to the south County line. Once the property is annexed, it would automatically become part of the CRA. Mr. Fisher also inquired if this project would be similar to the applicant's other project along Federal Highway and Mr. Hudson responded that it was. However, this project is not individual townhouses, but consists of 20 units per acre. D. New Site Plan (Heard out of Order) Project: Agent: Owner: Location: Description: Bayfront (NWSP 04-002) Carlos Ballbe, Keith & Ballbe, Inc. Hector Garcia, Southern Homes of Palm Beach IV, LLC. West side of South Federal Highway, approximately one-quarter mile south of Old Dixie Highway. Request for new site plan approval for 48 fee- simple townhomes and related site improvements on a 2.46 acre parcel in a proposed Infill Planned Unit Development (IPUD). Eric Johnson, Planner, presented the item on behalf of staff. Staff reviewed the proposed site plan in accordance with the Land Development Regulations and determined that it complies with all aspects of the Code. Anything that does not comply is contained in the Conditions of Approval (Exhibit C). The plan meets all traffic and school concurrency requirements and drainage. Staff reviewed the driveways, parking lot areas and required parking spaces, landscaping and signage, which are all included in staff's report. Vice Chair Tillman announced the public hearing. Mr. Arthur Shilling, 818 Chukker Road, lives in Tradewinds and questioned if this land was related to the annexation. Mr. Hutchinson explained that the annexation before the Board tonight is for a specific lot and is not related to Tradewinds and is not located along Chukker Road. The property being annexed is on the west side of Federal 5321 Highway .... Meeting Minutes Community Redevelopment Agency Boynton Beach, FL May 11, 2004 Mr. Hudson stated that the project slated for the east side of Federal Highway has been postponed until June. Mr. Johnson pointed out that staff is recommending approval, conditions of approval. Mr. DeMarco inquired if the applicant conditions of approval and was informed that they have. subject to the 49 has agreed to all Motion Mr. Fisher moved to approve the request to annex 2.46 acres of property in connection with the request to build 48 fee-simple townhomes and related site improvements on the west side of South Federal Highway, approximately one-quarter mile south of Old Dixie Highway, subject to all staff comments. Motion seconded by Mr. DeMarco and unanimously carried. Motion Mr. Fisher moved to approve the request to rezone the property from General Commercial (Palm Beach County) to Infill Planned Unit Development (IPUD) for the property located on the west side of South Federal Highway, approximately one-quarter mile south of Old Dixie Highway, subject to all staff comments. Motion seconded by Mr. Fenton and unanimously carried. Motion Mr. Fisher moved to approve the request to amend the Comprehensive Plan Future land use map from Commercial High Intensity (Palm Beach County) to Special High Density Residential for the property located on the west side of South Federal Highway, approximately one-quarter mile south of Old Dixie Highway, subject to all staff comments. Motion seconded by Mr. Fenton and unanimously carried. Motion Mr. Fisher moved to approve the request for new site plan approval for 48 fee-simple townhomes and related site improvements on a 2.46-acre parcel in a proposed Infill Planned Unit Development (IPUD) located on the west side of South Federal Highway, approximately one-quarter mile south of Old Dixie Highway, subject to all staff comments. Motion seconded by Mr. Fenton and unanimously carried. Project: Agent: Owner: Location: Oceanside (LUAR 04-003) Carlos Ballbe, Keith & Ballbe, Inc. Hector Garcia, Southern Homes Beach V, LLC. West side of South approximately 1,000 feet Highway 5322 of Palm Federal Highway, south of Old Dixie 5 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL May 11, 2004 Description: Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial to Special High Density Residential; and Request to rezone from C-2 Community Commercial to Infill Planned Unit Development (IPUD). Proposed use for 45 multi-family residential units. Mr. Hudson requested that Item D.2 (site plan approval) for the same project be heard with this item, to which the Board agreed. Dick Hudson, Senior Planner, presented the item on behalf of staff. The project is located on the west side of Federal Highway, approximately 1,000 feet south of Old Dixie Highway and is comprised of 2.26 acreS, which the applicant is currently using as their sales office site. The proposed use is a 45 unit, multi-family development. Mr. Hudson reviewed and pointed out the properties and their uses that surround the proposed project. Staff recommends approval for the following reasons: (1) (2) (3) (4) The request is consistent with the intent of the comprehensive Plan and will not create additional impacts on the infrastructure and would be compatible with the adjacent land uses. It will enhance the Federal Highway Corridor. It will contribute to the overall economic development of the City. Increase housing opportunities for residents. Mr. Tillman opened the public hearing. Since no one wished to speak, the public hearing was closed. Project: Oceanside (NWSP 04-004) (Heard out of Order) Agent: Carlos Ballbe, Keith & Ballbe, Inc. Owner: Hector Garcia, Southern Homes of Palm Beach V, LLC Location: West side of South Federal Highway, approximately 1,000 feet south of Old Dixie Highway. Description: Request for new site plan approval for 45 fee- simple townhomes and related site improvements on a 2.26-acre parcel in a " - 5323 6 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL May 11, 2004 proposed Infill Planned Unit Development (IPUD). Eric Johnson, Planner, presented the item on behalf of staff. He pointed out that the request is for 45 fee-simple townhomes. Staff has reviewed the project for compliance with the LDR. Mr. Johnson pointed out that there is a billboard on the site that will be removed by the applicant, which is one of the conditions of approval. Staff also reviewed the project for traffic and school concurrency and drainage and the project meets the City's parking requirements. The landscape plan is more than adequate. Staff is recommending approval of the project, subject to the 46 conditions of approval as listed in Exhibit C. Chairman Tillman asked the applicant if they agreed with all 46 conditions and Mr. Ballbe stated that they did. Mr. Fenton questioned the condition that the applicant remove the billboard after 19 unit sales have taken place. Mr. Ballbe reported that they felt that when half the project was sold, the billboard could be taken down. Mr. Fenton pointed out that 19 was not half, which the applicant acknowledged. Mr. Fisher inquired if the billboard would be placed elsewhere in the City. Mr. Johnson stated that the billboard could not be placed anywhere else in the City. Vice Chair Tillman opened up the public hearing. Since no one wished to speak, the public hearing was closed. Motion Mr. Fisher moved to approve the request to amend the Comprehensive Plan Future Land Use map from Local Retail Commercial to Special High Density Residential and the request to rezone from C-2 Community Commercial to an Infill Planned Unit Development (IPUD) for a proposed use for 45 multi-family residential units located on the west side of South Federal Highway, approximately 1,000 feet south of Old Dixie Highway, subject to all staff conditions. Motion seconded by Mr. DeMarco and unanimously carried. Motion Mr. Fisher moved to approve the request for new site plan approval for 45 fee-simple townhomes and related site improvements on a 2.26-acre parcel in a proposed Infill Planned Unit Development (IPUD) located on the west side of South Federal Highway, approximately 1,000 feet south of Old Dixie Highway, subject to all staff comments. Motion seconded by Mr. Fenton and unanimously carried. ,,532.4 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL May 11, 2004 C. Master Plan Modification Project: Agent: Owner: Location: Description: Coastal Bay Colony (MPMD 04-002) Thomas Pagnotta, Southern Homes Southern Homes of Palm Beach II, LLC. West side of South Federal Highway, approximately 200 feet south of SE 23rd Avenue Request for Master Plan Modification approval to reduce the side setbacks approved at ten (10) feet to five (5) feet for lots 3 and 59 of the 64-1ot subdivision. Ed Breese, Principal Planner, presented the item on behalf of staff. The applicant is applying for a modification to their master plan to amend the side setbacks for Lots 3 and 59 from the previously approved 10' to 5' in order to improve and enhance the front entry and driveways. The project is located on the west side of South Federal Highway, south of Golf Road and consists of 64 fee-simple townhomes in 12 separate buildings on 4.34 acres. The modification would allow for two lanes of stacking in front of the entry gates. One lane would be electronically controlled for residents, and the second lane would be used for visitors and guests. The original plan called for a 6' pro-cast concrete wall along the north and south property lines and Lots 3 and 59 would have 10' of spacing between the wall and the associated townhouse. With this modification, there would be 5' between both structures and the wall. Staff is of the opinion that the amendment to the master plan would have little or no effect upon the adjacent properties and would improve the onsite operations and traffic circulation for the development. Staff recommends approval of the request, subject to the two conditions of approval contained in Exhibit C. Vice Chair Tillman opened up the public hearing. Since no one wished to speak, the public audience was closed. Motion Mr. Fisher moved to approve the request for Master Plan Modification approval to reduce the side setbacks approved at ten (10) feet to five (5) feet for lots 3 and 59 only of the 64-1ot subdivision located on the west side of South Federal Highway, approximately 200' south of SE 23rd Avenue, subject to all staff conditions. Motion seconded by Mr. Fenton and unanimously carried. D. New Site Plan 1. Project: Agent: Bayfront (NWSP 04-002) (Previously Heard) Carlos Ballbe, Keith & Ballbe, Inc. '5325 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL May 11, 2004 Owner: Location: Description: Hector Garcia, Southern Homes of Palm Beach IV, LLC. West side of South Federal Highway, approximately one-quarter mile south of Old Dixie Highway. Request for new site plan approval for 48 fee- simple townhomes and related site improvements on a 2.46 acre parcel in a proposed Infill Planned Unit Development (IPUD). Project: Agent: Owner: Location: Description: Oceanside (NWSP 04-004) (Previously Heard) Carlos Ballbe, Keith & Ballbe, Inc. Hector Garcia, Southern Homes of Palm Beach V, LLC West side of South Federal Highway, approximately 1,000 feet south of Old Dixie Highway. Request for new site plan approval for 45 fee- simple townhomes and related site improvements on a 2.26-acre parcel in a proposed Infill Planned Unit Development (IPUD). E. Site Plan Time Extension 1. Project: Agent: Owner: Location: Description: Schnars Business Center (SPTE 04-003) James W. Mahannah, P.E., Schnars Engineering, P.E. 924 Venture, L.L.C. 924 North Federal Highway Request for a (1) year time extension of the site plan approval granted on February 18, 2003 from February 18, 2004 to February 18, 2005. Maxime Ducoste, Planner, presented the item on behalf of staff. The project was reviewed in 2002 as a mixed-use project on a 0.52-acre site. The intent was to construct a three-stow, 8,754 square foot office and retail building at the southeast corner of Federal Highway and NE 9th Avenue. After this Board approved the site plan, the City Commission approved it on February 18, 2003. The request to extend the site plan approval would allow the applicant additional time to secure financing in order to move forward with the project. 5326 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL May 11, 2004 Staff is recommending approval to extend the expiration date to February 18, 2005. There is one condition of approval that requires that the applicant must submit a revised traffic impact statement stating that the project meets the traffic performance standard of Palm Beach County Traffic Division prior to the issuance of a building permit. Mr. Fenton inquired if the applicant was present and was informed he was not. Vice Chair Tillman opened the public hearing. Since no one wished to speak, the public hearing was closed. Mr. Fisher questioned if it were feasible to tie up the property for another year and felt that six months would be better. Mr. Hutchinson stated that the applicant either intends to construct the project or to sell it as a project ready to build. He was aware that they were in negotiations with a party that was interested in the project that resulted in the site plan extension request. Mr. Fisher inquired if a year would be necessary and Mr. Hutchinson felt that they would need this much time. Mr. Fisher would like the Board to consider a six-month extension. Mr. Fenton was disappointed that the applicant was not in attendance to present their views on their item. He felt it was important that the applicant be present so that the Board's questions could be properly answered. Mr. Fenton requested that the item be tabled until the June meeting so that the applicant could be present. Mr. Ducoste said that the item could be tabled without the site plan expiring because the extension was submitted before the expiration date of the original approval. Motion Mr. Fenton moved to table Item D.1 (Schnars Business Center) until the June meeting. Motion seconded by Mr. DeMarco and unanimously carried. Mr. Fenton recommended that Mr. Hutchinson inform the applicant in writing that the Board requests their presence at the next meeting, which Mr. Hutchinson agreed to do. VII. Director's Report Mr. Hutchinson noted that the entire Director's Report is included in the agenda packet. He will be reporting only on the salient points contained therein as follows: · " The annual report was received electronically in the CRA office today. It is being corrected and should be available for the Board to review shortly. The report will be in color and is eight pages. v' Riverwalk Promenade extension area and Marina Project have begun construction .... ~3:Z? l0 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL May 11, 2004 With regard to the wayfinding sign program, the signs are in the warehouse and the contractor to install the signs has been selected. They are at the permitting stage, and it is anticipated that the signs would be going up shortly. The Police Pilot Program is almost completed and the Police Department requested one more month to present an operational plan that they are preparing. All other issues have been resolved. ,/ The Website should be on line within the next 30, and hopefully 15 days, "under the construction stage." Mr. Hutchinson reported that Ms. Annette Gray has prepared a book on all the events that the CRA has participated in and the books were distributed to the Board. Considering all the events that have taken place, they have spent under $50,000 for the entire year. He pointed out that Delray Beach spends $1.4 million for their events. The books contain information on all the applications, forms letters, sponsorships, volunteers, contracts, budgets etc. Mr. Hutchinson commended Ms. Gray for all the fine work she has done on these events and asked her to report on HeritageFest. Ms. Gray reported that the books handed out are roadmaps for each event that the CRA has been involved in and provide in detail the logistics of each event. Each book contains a wrap up report that sums up the successes of the event, opportunities for improvements and recommendations. Ms. Gray reported that HeritageFest this year profited $10,000 for the first time in 21 years. Mr. Hutchinson reported that great progress has been made with HeritageFest. Ms. Gray also reported that the success was due in part to the City lending its staff and support. Ms. Gray thanked Mr. Bressner for providing the City's support. Vice Chair Tillman reported that the City has approved an Arts Commission that the Board had wanted to see instituted for a long time. He felt it was important that the City move forward in this direction and that the City incorporate arts to attract people. Vice Chair Tillman thanked the CRA staff for doing so much work with such a small staff. Mr. Fisher inquired if the $10,000 was being reinvested in the HeritageFest and was informed that it was. Mr. Fisher felt that the $1.4 million that Delray Beach spends is in cooperation with corporate sponsors. Mr. Hutchinson felt that the $1.4 million did not include sponsorship money. Mr. Fisher recommended that the CRA staff also try to enlist more corporate sponsors for their events. Ms. Gray also pointed out that the success of HeritageFest was due in part to having national entertainment and celebrities throughout the entire month and they hope to increase funding to draw more nationally, recognized entertainment. 5328 11 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL May11,2004 Mr. Fisher asked about the HUD Office visit contained in the Director's Report. Mr. Fisher had concerns that in trying to save money, they may incur legal fees if they do not follow the HUD guidelines. He also felt that if they did not move forward, this would delay the purchase of the properties. He would like the process moved along. Mr. Hutchinson reported that he was in Washington last week and the trip was a success. The CRA put in grants for a trolley, the Promenade, Riverwalk and the Museum. He was optimistic about the grant for a trolley, as well as the Museum project that was very well received. They have a commitment from the County to utilize their marketing staff to assist with this. Mr. Fisher inquired if the report on the feasibility study has been received and Mr. Hutchinson said it has not. Mr. Fisher questioned if it was realistic to spend time on the Museum until the Board finds out whether the project is feasible. Mr. Hutchinson stated that the grant underwriting would make a difference on the feasibility of the Museum. VIII. Old Business IX. New Business A. Consideration of Assignment of Funding for Marina Parking Garage to Bank United. Mr. Hutchinson reported that this Board has already approved an agreement with The Related Group to reimburse them on a draw basis for the parking garage at their site. The Bank that is underwriting the project wants all these agreements assigned to them, The Related Group has forwarded an assignment for execution by the CRA to assign the funds to BankUnited. Attorney Payne noted that execution of the assignment would assign the rights to the money from The Related Group to the Bank. Mr. Fisher pointed out that no money would be disbursed until construction begins. Mr. Hutchinson explained that this is a reimbursement of funds after work is done. Motion Mr. Fisher moved to approve the Assignment of the Funding Agreement for the Marina Parking Garage to BankUnited FSB. Motion seconded by Mr. DeMarco and unanimously carried. B. Consideration of Fa(;ade Grant for Colonial Center Condominium Association, Inc. Mr. Hutchinson announced that the fa~:ade grant program has generated a great deal of interest and there are some excellent projects underway. The grant for consideration would meet the requirements. He pointed out that the next item on the agenda is 12 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL May 11, 2004 consideration of a budget transfer in order to have the funds ready when the project is submitted. Mr. DeMarco announced that Attorney Allan Martincavage, who maintains an office in Colonial Center, that he would be coming to the meeting around 8:15 p.m. Mr. DeMarco inquired if the Board wanted to wait until Mr. Martincavage showed up. Mr. Fisher inquired if Mr. Martincavage was in favor of the grant and was informed that he was. Members agreed to proceed. Mr. Hutchinson reported that the project would be for replacement lighting. Motion Mr. Fisher moved to approve the Fagade Grant for Colonial Center Condominium Association, Inc. Motion seconded by Mr. DeMarco and unanimously carried. C. Consideration of Budget Transfer for Fagade Grant Request. Mr. Fenton inquired why the applicant was only requesting $8,273 and Mr. Hutchinson responded that this is the amount they are short; they have other funds to cover the entire grant. Mr. Fisher noted that the Fagade Grant Program runs to October 1st and asked if staff would need more money before the next budget year. Mr. Hutchinson stated that there is one application pending and there may be two more coming in. Mr. Hutchinson felt that they needed $50,000 until the next budget year. These funds could be transferred from the reserves. Mr. Hutchinson also noted that four 4x8 signs were made to identify the projects as CRA Fagade Grant Programs and the funds for the signs came out of the grant program funds. The signs will be going up tomorrow at the projects. Mr. Fisher recommended changing the request for a budget transfer to $50,000, rather than the $8,273 requested in the agenda backup. Motion Mr. Fisher moved to approve the budget transfer for the amount of $50,000 from the reserve account to the fagade grant account for fagade grant requests. Motion seconded by Mr. DeMarco and unanimously carried. D. Consideration of Task Order for Phase 1 of MLK Land Acquisition Mr. Hutchinson reported that the Iow bidder withdrew and the second lower bidder (Gallion Wilson, LLC) is being recommended at $20,100. The service they would provide includes the cost for all 30+ appraisals, if needed. The service is for appraisal review and is a safeguard mechanism employed in the HUD Program. If they do not use their services for some of the property, the CRA would not be billed. Mr. Hutchinson inquired if the appraisals would be done automatically, or would it be for appraisals that a request was made for review. '5330 13 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL May 1'1, 2004 Howard Steinholz from The Urban Group, Inc., explained that the review appraisal process is part of the acquisition program. Under the guidelines of the Uniform Relocation Act, an appraisal review is required for an appraisal in order to establish the offering price. Vice Chair Tillman did not think that paying for reviews of appraisals was necessary. He felt that an appraisal would be sufficient, and he did not want to set a precedent in following anyone else's guidelines. If the Board in fact undertook this procedure, it would have to be done from now on. He felt that if an automatic review of an appraisal was necessary, it could become financially prohibitive. Mr. Hutchinson noted that at previous meetings the Board agreed to follow the Uniform Relocation Act guidelines. Vice Chair Tillman pointed out that this decision was made based upon available information, and he felt that the information they received at that time was insufficient. Since then, he has determined that this review process was not necessary. Mr. Hutchinson was of the opinion that as soon as they purchase one piece of property outside of the guidelines, they would be outside the guidelines. Mr. Fisher inquired how many reviews would be done for $20,000, and Mr. Steinholz responded that there were 30 appraisals; therefore, 30 reviews would be done. Mr. Fisher noted that this came to $800 per property and he felt that only one lawsuit from any property owner would cost the City much more in legal fees than $800. Vice Chair Tillman pointed out that the money was not the issue, but following a precedent that is not the rule of law is and he did not think that it was necessary for appraisals to be reviewed. If a piece of property required a review, it could come back to the Board for consideration. Mr. Fisher noted that this only pertained to the Heart of Boynton area and this area needs to be treated differently because of HUD and other governmental agencies that are involved. Vice Chair Tillman felt that the Board has been misinformed in terms of following HUD guidelines. Mr. Fisher noted that the Board, as a whole, has previously stated that they are following HUD guidelines. Mr. Fisher said that the Board needs to determine whether it intends to follow the guidelines or not and does the Board want to move forward and get the appraisals done or not? At the last meeting the Board expressed concerns that nothing had been done and felt that they should move forward. Mr. DeMarco noted that Dale Sugerman had been present at the last workshop and he would like to hear from him on this matter. Mr. Fisher pointed out that it was Mr. Sugerman's letter in the agenda packet that requested the review process and recommended going forward with the second lowest bidder. Mr. DeMarco felt that they should go along with Mr. Sugerman's recommendation because of his background in these matters. Mr. Fenton noted that it was a letter to Mr. Sugerman and that Mr. Sugerman did not make any recommendations. Mr. Hutchinson explained that Mr. Sugerman requested the contract with The Urban Group on behalf of the Board. Mr. 53~1 14 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL May 11, 2004 Hutchinson explained that the Board gave direction to use the HUD Program and if the Board is going to do this, they have to have the review process in place. Motion Mr. DeMarco moved to accept the recommendation to go with the review process. Motion seconded by Mr. Fisher. Mr. Fisher requested that Mr. DeMarco amend his motion to award the Task Order to the second highest bidder, which is Gallion Wilson, L.L.C. of Ft. Lauderdale. Mr. DeMarco agreed to amend his motion and Mr. Fisher seconded the amended motion. Mr. Barretta inquired what the ramifications would be if they did not follow the HUD guidelines. Mr. Hutchinson stated that this same question was asked of HUD, since the CRA is a City agency and the City is an entitlement city that receives funds automatically from HUD. He explained that the CRA and the City have within the Heart of Boynton back-to-back projects. The City's legal staff asked HUD if HUD would separate the CRA from the City when the funds are received. HUD did not give a definitive answer that satisfied Legal. Therefore, to ensure complete fairness, it was decided to proceed with the HUD program and not to pursue it any further legally because this could tie up the program for months. Mr. Barretta felt it would be best if they followed the HUD guidelines Vote The Recording Secretary called the roll and the motion carried 3-2 (Vice Chair Tillman and Mr. Fenton dissenting). X. Commission Action Xl. Board Member Comments XlI. Legal XlII. Other Items Mr. Hutchinson noted that he has been forwarding the Commission agendas to members for their information. Staff is also working to set up a workshop with the Commission and the CRA that should take place after the feasibility study and the report on Town Square is received. XlV. Future Agenda Items A. Consideration of Joint Venture for CBD Parking Spaces (June). 5332 15 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL May 11, 2004 B. Consideration of Contract for Police Pilot Program in the CRA Boundaries (June). C. Consideration of Pilot Program for Trolley (June) D. Consideration of Website (June) E. Consideration of Annual Report (June) F. Consideration of the Promenade at Boynton Beach Site Plan Approval. G. Budget Workshop (June & July). XV. Adjournment There being no further business, the meeting properly adjourned at 7:50 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (May 12, 2004) 533~3 16 M:[NUTES OF THE COMMUNITY REDEVELOPMENT AGENCY WORKSHOP HELD IN THE LIBRARY PROGRAM ROOM, BOYNTON BEACH, FLORIDA, ON THURSDAY, MAY 20, 2004, AT 6:00 P.M. Present Jeanne Heavilin, Chair Henderson Tillman, Vice Chair James Baretta Alexander DeMarco Doug Hutchinson, CRA Director Quintus Greene, Development Director Dick Hudson, Senior Planner Hanna Matras, Economic Analyst Absent Don Fenton Larry Finkelstein Charlie Fisher Call to Order Chair Heavilin opened the meeting at 6:00 p.m. and welcomed the members of the audience. Evaluation and Appraisal Report for DCA Dick Hudson, Senior Planner, explained that the City was beginning work on its Evaluation and Appraisal Report, as required by the State, in preparation for updating the City's Comprehensive Plan. The State wants the City to look at the major issues facing the City, how it plans to deal with those issues, and what changes they would bring about to the Comprehensive Plan. A draft of those issues needs to be ready by early fall this year. The end product of this analysis will be presented to the City Commission before being sent to the DCA. This effort is expected to take two months. The input of the Planning & Development Board is being sought and various public meetings will be held as well. Workshops will be scheduled for this. Mr. Hutchinson stated that he would get copies of the existing Comprehensive Plan, circa :[989, to the Board members as soon as possible. Workshop A. Tnfill Planned Unit Development (:[PUD) Mr. Hudson stated that the City now had an TPUD in its Code, but there was a moratorium on using it. Several developers wanted to use it, and in order to avoid having another problem like The Harbors, the Planning Department was trying to clean up the :[PUD and strengthen and add to the original language. They were seeking the Board's input and that of the public to make sure that all bases were covered when the Code amendment goes into effect. 5334 Meeting Minutes CRA Workshop in IPUD Boynton Beach, Florida May 20, 2004 Mr. Hudson distributed a draft of Chapter 2 Zoning, Sec. $ Residential district regulations and use provisions, Exhibit A, L. :[nfill Planned Unit Development (:[PUD). He also distributed a copy of the Federal Highway Corridor Redevelopment Study, "Boundary of Corridor Study Area" map, including Planning Areas #! and #5, on the extreme northern and southern edges of the City's Federal Highway Corridor, the target areas for implementation of this concept. Mr. Hudson stated that the IPUD District standards and regulations were created for the purpose of allowing flexibility to accommodate infill and redevelopment on parcels of less than five (5) acres in size. Parcels five or more acres in sizes would comply with normal PUD regulations found in Chapter 2.5 of the Land Development Regulations. Mr. Hudson enumerated some of the recommendations from the Federal Highway Corridor Study that had to be taken into account when considering the :[PUD: · · · · · · · · encourage a variety of housing protect community character require a transition to existing gateway neighborhoods (Areas 2 and 4) require compatibility between uses enhance the visual appearance of the Corridor provide consistency between existing uses in the zoning and land use map emphasize major activity nodes consider a public presence What the Planning Department is trying to do in the Corridor is to encourage redevelopment and the consolidation of properties to encourage larger projects. Planning believes that a one- acre parcel would be the minimum upon which a variety of uses could be accommodated. Mr. Hudson stated that PUD zoning had been misused in the past few years. Originally, when the idea came to planners 30 years or more ago, the idea was that it would provide an opportunity to develop land that did not fit into the normal development regulations for standard zoning districts where you have to have 25-foot front and rear setbacks and 10-foot side yard setbacks, and a lot of other limitations when you have all single-family in the district. The larger PUDs can develop a wide variety of housing. He gave an example of the Melear PUD south of Miner Road, where there were quad units, apartment units, and single-family housing. The densities vary within the PUD because it is so large. Their density is about 7 du/acre at the most. Through the use of a PUD, they can shift that density around and the apartment complexes are built at about 16 du/acre. Planning looked at the Land Use Map and considered a Land Use that would only be for the Federal Highway Corridor and Special High Density Residential that would be up to 20 du/acre. What they needed to do was draft this :[PUD ordinance that would allow the City to apply to High Density Residential, which is 10.8 du/acre, and also have it apply to the higher density of 20 du/acre. One of the things in the original language was that most PUD ordinances are short on substantive standards to guide the Planning Commission and the Council when considering s3 5 2 Meeting Minutes CRA Workshop in IPUD Boynton Beach, Florida May 20, 2004 whether to grant permission for the PUD. The ordinance should probably set forth maximum permitted densities, height, and ground coverage and permitted dwelling types. In the end, however, the decision to grant or deny a PUD is discretionary. A Commission or Council may vote against a proposal simply because an individual Commissioner does not like the applicant's design, and it is all right to do that. It went on to say that if the standards were more specific, then the PUD would become nothing more than another zoning district like the single-family zoning that says there must be 5,000 square feet for a building lot, and so forth. Generally, with a PUD, the idea is that you get something more from the developer by giving him these relaxed standards. You say, "We want additional open space so we want special architecture, and then we are going to let you relax these other rules." The Planning Department is trying to address the fact that in the past, there was not enough strong language about protecting adjacent single-family development or just adjacent developments. The example that sticks in everyone's minds is The Harbors. They have always said that the setbacks in a PUD should match the setbacks of adjacent development. The Harbors did a good job of matching the setbacks with the Single Family on the north side, but there are no required setbacks for a Park, and this allowed that project to be put in place. While this Board and staff strongly recommended against that project being approved, the City had a use there that it wanted to eliminate. They were willing to let something through a little easier than if it had been somewhere else. IVlr. Hudson said that they had gone back and added a statement to say that the City is not obligated to give a developer the density being requested. The City can ask for additional things that it thinks will provide a smoother transition between the proposed development and existing developments. Mr. Hudson stated that the City had made it very clear to developers applying for this zoning that common ownership or unified control was a must. On the second page under Maximum Density, where it says 10.8 du/ac, following Local Retail Commercial (LRC), it should say "and" because it is ambiguous. This will make it clear that it will be based on the land use that they have. Mr. Hudson stated that nothing would be rezoned to an IPUD without a full site plan; it would not be automatically granted. Some developers have believed that the requirement for this zoning would be met if they had a Master Plan. Given that, however, that Haster Plan has to show elevations on a full site plan, since the CRA would not rezone something without seeing exactly what it would look like when put in place. Building Desiqn Elements Standards were added for Building Design Elements, but they still did not want to get dictatorial. They might say that they wanted articulation, for example, but they did not want to say, "no fiat walls more than 40 feet in length without at least a one-foot setback." 5336- ~ 3 Meeting Minutes CRA Workshop in IPUD Boynton Beach, Florida May 20, 2004 Chair Heavilin asked if the Design Guidelines would apply to the Comprehensive Plan, and Mr. Hutchinson said that they would. Every use and zoning within the CREA area would be in the Design Guidelines. Mr. Hudson said that at present, the TPUD had not been addressed. Mr. Hutchinson agreed, saying that although it was benchmarked into it, residential had not been finished. The CRA wants the residential design guidelines, even though those projects did not have to come before the Board. Mr. Hudson said that it would apply because there were opportunities in some of the redevelopment areas to do single-family housing. Overall Design The proposed IPUD language states that the design should be tailored to a specific site. Mr. Hudson said that this was the big problem with The Harbors. They took a standard design that might work well on urban street blocks where you have a chance of an alley behind the row of townhouses, or a railroad track, and can have your garage entrance in the back. But, when you put that design in a back-to-back and front to front setting down a strip of land that is 900 feet long and is not really in City blocks, it does not work. If a developer comes in with something that does not "fit," the City does not have to accept it. Mr. Hutchinson said that this was something that had been missing that would be really useful. Prior to this, they had very little to stand on with the developers. The term "Usable" has been added to "Required open space." It is for active or passive recreational space. When feasible, it is desired to be in the center of the development where it is easily accessible, rather than 800 feet in the back of a lot. Chair Heavilin thought that a small, natural pond might have a recreational use. Mr. Hudson said that it could, but they did not want a developer to come in and call their retention area usable open space. If there were a natural area, he felt that everyone could agree that it could "count," but not if a developer wanted to use its required retention pond to count as its "passive open space." Chair Heavilin thought "private courtyards" should come after water bodies in the proposed language. Mr. Barretta thought that a retention area could be used creatively to make it a passive or active recreation area. Mr. Hudson stated that because of the small amount of space the City was requiring per unit, it did not want all of that passive or active recreation area to be the retention pond. Most good developers know the kind of amenities that are needed to make a project viable, but there are people who will try to get away with the absolute minimum. The regulations have to be written for the worst case. Chair Heavilin asked if there were a percentage equivalent for total usable open space, and Mr. Hudson responded that the requirement was 200 square feet per dwelling unit, which is the bare minimum amount. Mr. Hudson stated that the proposed language inserts a requirement that, along with the drawings that come in with a site plan, the City wants to see cross sections and elevations that go outside the planned project. It wants to see what the heights are in the neighboring impacted areas. That would give the Board and the Commission a better idea of exactly what 5337 4 Meeting Minutes CRA Workshop in :[PUD Boynton Beach, Florida May 20, 2004 something would eventually look like when finished. :[f they could have seen the sheer drop from The Harbors to "nothing," it would have been helpful. Planning also proposed adding that if the City did not get enough vegetative screening or landscape buffering along the perimeter of projects, it might impose other requirements. For example, it may require the developer to put single-story structures next to single-family residences to "step down," if it could not be screened in any other way. They are also using the criterion that there will be one extra foot of setback for every foot of height above 30 feet. This would not be imposed upon everyone. If a great design came in that worked well and looked compatible, this would not be imposed. Still, it gives the City another option. Mr. Hutchinson stated that having a building 45 feet in height next to a two-story single-family home was one thing, but having it next to a Florida-style home that had 12 foot at the peak was a different story. Report on INCA Workshop Previous Week Mr. Hudson reported that a workshop had been held with the :[nlet Cove Association (:[NCA) the previous week and the suggestions received dealt with things such as late night noise that disturbs the adjoining development or single family homes, and light that is very bright and high - spillover, especially along the waterfront and docks. Planning would like to add some language that says that on docks, lighting should be no more than railing height. The City does have noise ordinances so some of it is a matter of policing. Planning will study the general Code to see what can be done about this type of thing. Mr. Hudson concluded his formal presentation and asked for suggestions, encouraging people to contact either Mr. Hutchinson or himself in the next week or two if they had any other thoughts on the matter. Public Znput Harry Woodworth, N.E. 15th Place, Yachtsman's Cove, lives immediately south of the Sea View Trailer Park, which he felt would almost certainly fit into the proposed :[PUD concept. He welcomed that and was a big supporter of the :[PUD concept. He liked what the Planning Department had done. He was speaking for himself and all of the adjacent property owners except one. ~lr. Woodworth felt that the word "may" appeared too many times in the proposed 1PUD document, especially in regard to screening and height limitations. He believed that setbacks, screening, and height limitations were important and should be dictated, to avoid having a 45- foot high structure next to a single-family home. Mirroring setbacks was not enough. His setback to his neighbor's house is 10 feet, side to side, and his house is 20 feet high. It would be a different thing entirely if that adjoining structure was 45 feet high and 10 feet away. He realized that single family homes could be 35 feet high, but a new single family home would not have 40 peOple living in it who are hanging out by the pool at all hours and have all their boats lined up on the dock out back. Noise levels are unbelievable across water. 5335 ~ 5 Meeting Minutes CRA Workshop in IPUD Boynton Beach, Florida May 20, 2004 Mr. Woodworth suggested that the setbacks apply over submerged and sovereign land also. It did not have to end at the beach. If you go up the coast past Sea View to the development up above it, they have made T-docks, which give a great amount of docking for them, but the people who live across the shore now have to look straight out at the lights on those docks instead of across the Intracoastal like the once did. He doubted whether they appreciated that in light of the amount of taxes they were paying. He realized the view could not be regulated but wondered what gave people the right to have a setback on land and do whatever they could get a permit for form the Corp of Engineers on the water. Chair Heavilin stated that the IPUD draft provided the City with flexibility, not the developer. Mr. Hutchinson echoed that, saying it would allow the City to dictate to the developer. Mr. Woodworth was not sure about what Chair Heavilin and Mr. Hutchinson said. After The Harbors, they were very nervous. Staff and the CRA Board denied The Harbors, for a lot of reasons, and the City Commission passed it with three votes. If there were more "teeth" in the Code, it might help to protect the homeowners. Buck Buchanon, 807 Znlet Cove Drive, president of :Inlet Cove Association (INCA), said that his concerns were similar to Mr. Woodworth's, but that if an IPUD were going into an area now zoned commercial or even multi-family, that would be quite different from going next to single-family residences. He felt that flexibility had a way of turning on people. Also, Flexibility has a way of turning on people and who knows what future decision-makers will say, even though everyone in this room is pretty much on the same page. He felt that there had to be some strong safeguards for the single-family residents and that the City should always keep in mind the worst case. Mr. Buchanon asked about trash containers and dumpsters and whether they were allowed within the setback. Do they have to clear the setback? Mr. Woodworth stated that they had several examples where the dumpsters were in the setback and so close that if you tossed a paper cup out your back door, it would hit your neighbor's dumpster. He felt that the :[PUD document should say that dumpsters had to be screened, designed, and set back so that there would be no confusion about this. Or, say something like, "Dumpsters are not permitted within the setback." Mr. Buchanon asked if the City were looking at any high-density residential projects that would be adjacent to single-family residential and if so, what they would look like. Mr. Hutchinson said that any project would now have to follow these guidelines. The density would be close to 20 du/acre. He said it would be like the Merano Bay project. Mr. Hutchinson explained that developers were coming in with 10.8 du/acre and then could not afford to pay for property here. There are some areas the CRA would like to see activity in and at 10.8 du/acre, the numbers just do not work. The City is holding tight on the 20 du/acre at a time when Delray Beach maintains 30 du/acre and 45 feet in height. He said that although it might seem incredible, 20 du/acre was a conservative figure and one that would tend to bring in the desirable developers that would provide such products as Merano Bay. He pointed out 5339 6 Meeting Minutes CRA Workshop in ]:PUD Boynton Beach, Florida May 20, 2004 that at a recent meeting in West Palm Beach, a panel said there should be NO density limit and 45-foot heights in urban CRA areas. Mr. Hudson commented that townhouses were not getting much more than 15.5 du/acre because there still had to be places to park and people had to have yards. Planning felt that if the City could get the kind of amenities it wanted to make top-notch projects, then they would not max out the densities. Mr. DeMarco thought the City should encourage lighter colors if it could. He was concerned about the re-painting of the Holiday ]:nn Express. ]:t was explained that the City Commission had changed this so that any new Development Orders would have a provision that any repainting or deviation from the colors or finishes that were originally approved would have to come back before the City for approval. A question to Mr. Hudson from the audience was whether this provision would apply on all new site plans. Mr. Hudson replied that it would apply from now forwards. The Next Step Mr. Hudson and the Planning Department will incorporate the comments made at this meeting and begin re-writing the IPUD provisions. ]:t will come back to the CRA for approval and there will be an opportunity for further input. Then it will go to the City Commission. Mr. Hutchinson stated that the CRA Web Site should be up and running in the next two weeks and it could be found in the same place as that of the City's Web Site. A question from the audience was whether documents would be on the server as well. Mr. Hutchinson replied that this would be next and that they were scanning things now in preparation for it. Ms. Matras stated that this had already begun and that all documents and backup for projects going before the CRA would be available on line. Mr. Hudson commented that they had started to ask for all drawings in electronic files so they could provide easier accessibility, but that small companies might not be able to do that. Mr. Hudson thanked the Board and the audience for all their comments. ZV. Adjournment The workshop was duly adjourned at 7:00 p.m. Respectfully submitted, Susan Collins Recording Secretary (052104) 5~0- Meeting Minutes CRA Workshop in :[PUD Boynton Beach, Florida May 20, 2004 5341 8 MEMO TO: CRA Board FROM: Susan Vielhauer SUBJECT: Financials DATE: June 1,2004 INCOME STATEMENT NOTES We received $7,169.96 in interest from the Money Market Account this month. BALANCE SHEET NOTES Accounts Payable includes the following expenses incurred in May; Aetna Health Insurance $2,114.41, FDN $201.38, Fed Express $115.48, FPL $187.00, Guidance Pathway System $2,745.00, Jack of Arts $260.00, Kimley-Horn Associates, Inc. $3,600.00, Petty Cash $19.47, Principal Financial Group $153.31, Sun Sentinel $43.55, The RMPK Group $480.88, and Sun Trust Visa Card $626.07. These expenses will be paid by June 1,2004. Accrued Liabilities include the following; Accrued Compensated Time Off $13,523.11, Accrued Retirement $140.00, Accrued Salaries $303.23, and Accrued Health Insurance ($964.95). 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. 5342 The Current Period includes the beginning balance of all accounts as of the first of the month. Current Revenues received this month include $7,169.96 in interest. Currently the % of budget remaining should be 33% of the total approved budget. The following categories are below or above the 33% average by 10% or more due to the following reasons: 1. Retirement 457 Plan - Currently, only one employee is participating, however others will be joining soon. 2. Workers' Compensation - Over due to renewal must be paid up front. This is a one time yearly expense. 3. Life Insurance - Delay in initial setup due to the selection process and initial setup of Life Insurance. 4. City Staff - Under due to decline in second meetings and workshop for the past three months. 5. Audit - Over due to audit is incurred at the beginning of the 2003-2004 year. This is a one time yearly expense. 6. Maintenance & Cleaning - Over due to unforeseen needs for printer maintenance. 7. IT Support - Over due to quarterly billings from City of Boynton Beach for IT services. 8. Phone Expense - Under due to reduction in plans on the cell phones and a change in the phone company to FDN to lower cost. 9. Property / General Liability - Over due to cost of renewal must be paid up front. This is a yearly expense not monthly expense. 10. Bond Insurance - Over due to cost of the renewal was higher than budgeted and fee must be paid up front. This is a yearly expense not monthly expense. 11. Professional Insurance - Over due to cost of the renewal must be paid up front. This is a yearly expense not monthly expense. 12. Promotional / Business Meetings, CRA Meeting / Presentations, Association Meeting - Under due to staff utilizing the conference room for more meetings. 5343 13. Office Expense - Under due to efficient purchases of CRA Board and Office Supplies. 14. Office Supplies - Over due to cost of the project books and planning and development books. Staff is charging for books and maps to offset cost. 15. Licenses, Fees, Permits - Under due to costs do not occur at given intervals. 16.Advertising - Under due to costs do not occur at given intervals. 17. Career Development - Under due to costs do not occur at given intervals. 18. Miscellaneous Expense - Under due to costs do not occur at given intervals. 19. Debt Service - CRA has not incurred additional debt to date. 20. Office Leasehold Improvements - Under due to costs do not occur at given intervals. 21. Web Site Update / Expansion - Under due to web site is under construction now. 22. Printing & Promotional Program - Under due to annual reports are under construction now. 23. Police & Trolley Program - Under due to in the development stage. 24. Facade Grants - Under due to existing grants are not complete at this time. APPROVED FA(~ADE GRANTS Boynton Boundless LLC Delray-Boynton Academy Fred N Joe's Automotive Colonial Condo. Assoc. $15,000.00 SI5,000.00 $3O,OOO.OO SI5,000.00 25. Economic Development Grants - Under due to existing grants are not complete at this time. APPROVED ECONOMIC GRANTS Yellow Beard D/B/A Boynton Seafood $10,000.00 Innovative Windows Concepts $25.000.00 Delray-Boynton Academy $50,000.00 26. Riverwalk / Promenade Project - Under due to timing of construction, which has begun. 27. HOB Commercial Improvements - Under due to project has just started. 28. Marina Parking Garage - Under due to project has not started yet. 29. CDC Parking Garage - Under due to project is in development. 5344 30. Savage Creatures Complex - Under due to Feasibility Study has just started. 31. Miscellaneous Project - Under due to Model Projects has just started. CASH FLOWS STATEMENT NOTE The Cash Flows Statement lists the money received and checks by vendor paid out in the current month. CURRENT APPROVED CONTRACTS Burkhardt Construction *Arches Baker Leisure Contract RBC Dain Rauscher Guidance Pathways Jack of Arts Jack of Arts Marina Village Parking RMPK Group RMPK Group RMPK Group RMPK Group *Jonathan Ricketts TCEA *The Urban Group $5,608,258.45 $2,ooo,ooo.oo $ 55,ooo.oo $ 2O,OOO.OO $ 51,847.36 $ 9,950.00 $ 9,950.0O $1,050,000.00 $ 75,000.00 $ 36,0OO.OO $ 25,000.00 $ 150,000.00 $ 251,160.00 $ 104,000.00 $ 180,878.59 BBB Ext/Riverwalk/Promenade Front Loading/Arches Feasibility Study Financial Advisory Way Finding Signs Logo, Brochure, Letterhead Website Development Parking Spaces Design Guidelines Boynton Beach Bird Phase 1 Boynton Beach BIvd Phase 2 Master Plan Construction Manager Traffic Study Acquisition of Targeted Sites, Needs assessment, & Apparels Note: * items are not to exceed contracts APPROVED CONTRACTS Paid to Date Burkhardt Construction Arches Baker Leisure Contract RBC Dain Rauscher Guidance Pathways Jack of Arts Jack of Arts Marina Village Parking RMPK Group RMPK Group RMPK Group RMPK Group Jonathan Ricketts TCEA 669,766.59 .00 10,162.30 .00 43,515.42 4,975.00 4,975.00 .00 37 500.00 32 100.00 13 300.00 9 000.00 9 051.96 66 800.00 BBB Ext/Riverwalk/Promenade Front Loading/Arches Feasibility Study Financial Advisory Way Finding Signs Logo, Brochure, Letterhead Website Development Parking Spaces Design Guidelines Boynton Beach BIvd Phase 1 Boynton Beach Blvd Phase 2 Master Plan Construction Manager Traffic Study 5345 The Urban Group 7,058.26 Acquisition of Targeted Sites, Needs assessment, & Apparels ... 5.346 Community Redevelopment Agency of Boynton Beach Balance Sheet Government Funds May 31, 2003 Total Community Redevelopment ASSETS Cash and Cash Equivalents Receivables Prepaid Expenses Inventory Fixed Assets Real Estate Relax Inn RiverWalk / Promenade / BBB Extension RiverWalk / Promenade / Land MLK Accumulated Depreciation- Fixed Assets Work in Progress Assets Relax Inn RiverWalk / Promenade / BBB Extension RiverWalk / Promenade / Land MLK Total Work in Progress Assets Furniture / Equipment Accumulated Depreciation-Furn./Equip Total Assets LIABILITIES AND FUND BALANCES Liabilities: Accounts Payable Accrued Liabilities Note Payable Total Liabilities Fund Balances: General Fund Change in Fund Balance Total Fund Balances Total Liabilities and Fund Balances 6,376,925.91 2,848.20 $ $ $ $ $ $ $ $ $ 869,209.96 $ 13,725.68 $ (3,992.16I $ 7,258,717.59 $ 10,546.55 $ 18,297.04 $ 2,752,345.10 $ 2,781,188.69 $ 3,295,835.16 $ 1,181,693.74 $ 4,477,528.90 $ 7,258,717.59 5347 January 8, 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 INCOME STATEMENT Current YTD Current Total $0.00 $2,517,634.74 $2,517,634.74 $0.00 $2,517,634.74 $2,517,634.74 $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo $7,169.96 $35,845.65 $43,015.61 $7,169.96 $35,845.65 $43,015.61 $0.00 $4,170.00 $4,170.00 $0.00 $4,170.00 $4,170.00 $7,169.96 $2,557,650.39 $2,564,820.35 5348 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 Fagade 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 o 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 $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo $0.00 $979.60 $o.oo $o.oo $503.80 $o.oo $16,560.00 $o.oo $o.oo $18,043.40 $0.00 $2,245.81 $23,177.16 $o.oo $o.oo $o.oo $o.oo $25,422.97 $16,428.46 $1,273.50 $153.31 $140.00 $945.6O $126.80 $1,538.82 $19.95 $o.oo $o.oo $18,876.08 $6,686.40 $160.00 $3,000.00 $o.oo $489.50 $187.00 $o.oo $o.oo YTD $64,715.95 $86,162.08 $0.00 $o.oo $o.oo $150,878.03 $9,950.00 $0.00 $o.oo $o.oo $26,810.20 $o.oo $1,693.00 $9,750.00 $0.00 $48,203.20 $669,766.59 $4,812.45 $2O,338.26 $o.oo $o.oo $10,162.30 $o.oo $705,079.60 $120,325.41 $7,349.6O $1,030.59 $600.00 $5,315.84 $873.26 $10,748.89 $208.76 $5,975.00 $2,907.26 $134,291.92 $36,463.37 $2,366.06 $7,445.00 $9,031.41 $3,349.59 $1,195.37 $2,559.00 $o,oo Current Total $64,715.95 $86,162.08 $o.oo $o.oo $o.oo $150,878.03 $9,950.00 $979.60 $o.oo $o.oo $27,314.00 $o.oo $18,253.00 $9,750.00 $o.oo $66,246.60 $669,766.59 $7,058.26 $43,515.42 $o.oo $o.oo $10,162.30 $o.oo $730,502.57 $136,753.87 $8,623.10 $1,183.90 $740.00 $6,261.44 $1,000.06 $12,287.71 $228.71 $5,975.OO $2,907.26 $153,168.00 $43,149.77 $2,526.06 $10,445.00 $9,031.41 $3,839.09 $1,382.37 $2,559.O0 $o.oo 5349 Property / General Insurance Bonding Insurance Professional Insurance Promotional / Business Meeting CRA Meeting / Presentation Association Meeting Seminars Mileage & Delivery Services Car Allowance Director Office Supplies Office Expense Office Equipment / Furniture Licenses, Fees, Permits Membership, Subscriptions Books & Publications Advertising Expense Career Development Office Printing Miscellaneous Depreciation Expense Interest Expense Total General & Administrative Total Application of Funds Fund Sources in Excess of Application INCOME STATEMENT Current YTD $79.65 $669.26 $32.42 $177.78 $261.85 $1,832.95 $535.61 $1,645.06 $0.00 $1,074.92 $19.47 $122.76 $0.00 $4,542.10 $286.38 $400.62 $138.46 $2,076.90 $466.49 $5,956.50 $37.50 $675.67 $0.00 $1,567.79 $58.76 $215.00 $43.55 $1,965.93 $138.00 $194.50 $0.00 $634.50 $0.00 $1,356.79 $1,148.50 $3,061.77 $0.73 $140.24 $233.91 $1,637.37 $0.00 $7.97 $53,506.70 $381,984.74 $96,973.07 $1,286,145.57 ($89,803.11) $1,271,504.82 Current Total $748.91 $210.20 $2,094.80 $2,180.67 $1,074.92 $142.23 $4,542.10 $687.00 $2,215.36 $6,422.99 $713.17 $1,567.79 $273.76 $2,009.48 $332.50 $634.50 $1,356.79 $4,210.27 $140.97 $1,871.28 $7.97 $435,499.41 $1,383,126.61 $1,181,693.74 May 31,2003 ~eginning Balance ;venues TIF Taxes Grant Funding Interest Income Other Income Total Revenue Expenditures Personnel Cost Salary Expense Payroll Taxes Retirement 457 Plan Short Term/Long Term Disability Workers Comp Health Insurance Life Insurance Total Personnel Cost Professional Services Legal City Staff Contracted Services Audit Maint. & Cleaning I.T. Support Total Professional Services Office Rent Expense Phone Expense Electric Expense ~.e Total ,~quipment 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, Publicatl, Advertising & Public Notices Career Development O~'~.e Printing Expense i ..~llaneous Expense Community Redevelopment Agency of Boynton Beach Amended Year To Current YTD 2003/2004 2003/2004 Date Period Totals Including Budget Budget Totals Ma}/ Current Month 4,751,917.00 5,207,162.00 5,207,162.00 6,482,263.14 5,207,162.00 03/04 % of Budget Budget Remaining Remaining 2,361,158.00 2,374,597.00 2,517,634.74 0.00 2,517,634.74 0.00 0% 0.00 0.00 0.00 0.00 0.00 0.00 N/A 75,000.00 75,000.00 35,845.65 7,169.96 43,015.61 31,984.39 43% 0.00 0.00 0.00 0.00 0.00 0.00 N/A 7,188,075.00 2,449,597.00 2,553,480.39 7,169.96 2,560,650.35 207,500.00 207,500.00 120,325.41 16,428.46 136,753.87 15,563.00 15,563.00 7,349.60 1,273.50 8,623.10 9,375.00 9,375.00 600.00 140.00 740.00 0.00 2,000.00 1,030.59 153.31 1,183.90 1,824.00 1,824.00 2,243.57 0.00 2,243.57 16,800.00 16,800.00 10,748.89 1,538.82 12,287.71 540.00 540.00 208.76 19.95 228.71 251,602.00 253,602.00 142,506.82 19,554.04 162,060.86 44,000.00 76,742.00 36,463.37 6,686.40 43,149.77 6,000.00 6,000.00 2,907.26 0.00 2,907.26 170,000.00 219,511.00 134,291.92 18,876.08 153,168.00 7,500.00 7,500.00 5,975.00 0.00 5,975.00 2,800.00 2,800.00 2,366.06 160.00 2,526.06 13,360.00 13,360.00 7,445.00 3,000.00 10,445.00 243,660.00 325,913.00 189,448.61 28,722.48 218,171.09 14,112.00 14,112.00 9,031.41 0.00 9,031.41 7,800.00 7,800.00 3,349.59 489.50 3,839.09 1,875.00 1,875.00 1,195.37 187.00 1,382.37 23,787.00 23,787.00 13,576.37 676.50 14,252.87 4,356.00 4,356.00 2,559.00 0.00 2,559.00 31,984.39 70,746.13 34% 6,939.90 45% 8,635.00 92% 816.10 41% -419.57 -23% 4,512.29 27% .311.29 58% 91,541.14 36% 33,592.23 44% 3,092.74 52% 66,343.00 30% 1,525.00 20% 273.94 10% 2,915.00 22% 107,741.91 44% 5,080.59 36% 3,960.91 51% 492.63 26% 9,534.13 40% 1,797.00 41% 1,438.00 1,438.00 1,376.57 0.00 1,376.57 61.43 4% 350.00 350.00 372.26 0.00 372.26 -22.26 -6% 3,900.00 3,900.00 2,909.77 0.00 2,909.77 990.23 25% 5,688.00 5,688.00 4,658.60 0.00 4,658.60 4,800.00 4,800.00 1,645.06 535.61 2,180.67 3,000.00 3,000.00 1074.92 0.00 1,074.92 504.00 504.00 122.76 19.47 142.23 6,735.00 6,735.00 4,542.10 0.00 4,542.10 1,080.00 1,080.00 400.62 286.38 687.00 3,600.00 3,600.00 2,076.90 138.46 2,215.36 1,029.40 18% 2,619.33 55% 1,925.08 64% 361.77 72% 2,192.90 33% 393.OO 36% 1,384.64 38% 5351 5,066.00 5,066.00 2,375.43 240.31 2,615.74 2,450.26 48% 4,000.00 4,000.00 634.50 0.00 634.50 3,365.50 84% 4,000.00 4,000.00 1,356.79 0.00 1,356.79 2,643.21 66% 4,500.00 4,500.00 3,061.77 1,148.50 4,210.27 289.73 6% 500.00 500.00 148.21 0.73 148.94 351.06 70% 9,000.00 9,000.00 6,632.17 503.99 7,136.16 1,863.84 21% 1,250.00 1,250.00 215.00 58.76 273.76 976.24 78% 3,316.00 3,316.00 1,965.93 43.55 2,009.48 1,306.52 39% 500.00 500.00 194.50 138.00 332.50 167.50 34% 19,719.00 19,719.00 9,862.36 979.92 10,842.28 8,876.72 45% 1,500.00 1,500.00 675.67 37.50 713.17 786.83 52% 7,500.00 7,500.00 5,956.50 466.49 6,422.99 1,077.01 14% Debt Service Principal Payment Interest Expense Debt Issue 1 Sinking Fund Issuance Cost Total Debt Service Operating Expense Amended 2003/2004 2003/2004 Year To Date Current Period Budget Budget Totals May 134,925.23 134,925.23 64,715.95 0.00 182,372.73 182,372.73 86,162.08 0.00 200,000.00 200,000.00 0.00 0.00 20,000.00 20,000.00 0.00 0.00 60,000.00 60,000.00 0.00 0.00 597,297.96 597,297.96 150,878.03 0.00 YTD Totals 03/04 Including Current Budget Month Remaining 64,715.95 86,162.08 0.00 0.00 0.00 150,878.03 70,209.28 52% 96,210.65 53~ 200,000.00 100 20,000.00 100% 60,000.00 100% 446,419.93 75% 1,173,175.96 1,257,428.96 527,698.66 51,826.47 579,525.13 677,903.83 5352 PROGRAMS nffice Equipment/Furniture ,ice Leasehold Improvements Web Site Update/Expansion Printing & Promotional Program. Police Central Business District Heart of Boynton Total Police Transportation/Trolley Festivale/Events/Bus. Program Facade Grants Economic Development Grants PROJECTS RiverwalldPromenade Projects HOB Commercial/Improvements Way-Finding Signage Marina Parking Garage CDC Parking Site Savage Creatures Complex Miscellaneous Projects TOTALS EXPENSES ~1 Reserve Balance Before DE Proposed Bonds TOTAL RESERVE BALANCE Amended Year To Current 2003/2004 2003/2004 Date Period Budget Budget Totals May 2,500.00 2,500.00 1,567.79 0.00 1,500.00 1,500.00 0.00 0.00 10,000.00 35,000.00 9,950.00 0.00 17,500.00 17,500.00 0.00 979.60 175,000.00 175,000.00 0.00 0.00 175,000.00 175,000.00 0.00 0.00 350,000.00 350,000.00 0.00 0.00 150,000.00 150,000.00 0.00 0.00 50,000.00 50,000.00 22,640.20 503.80 100,000.00 150,000.00 1,693.00 16,560.00 50,000.00 50,000.00 9,750.00 0.00 2,150,000.00 2,150,000.00 669,766.59 0.00 600,000.00 846,600.00 4,812.45 2,245.81 50,000.00 60,451.00 20,338.26 23,177.16 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 10,162.30 0.00 50,000.00 50,000.00 0.00 0.00 7,629,675.96 8,045,979.96 1,278,379.25 95,292.84 -441,600.96 -389,220.96 6,482,263.14 6,394,140.26 2,000,000.00 2,000,000.00 0.00 0.00 YTD 03/04 % of Totals Including Budget Budget Current Month Remaining Remaining 1,567.79 0.00 9,950.00 979.60 0.00 0.00 0.00 0.00 23,144.00 18,253.00 9,750.00 669,766.59 7,058.26 43,515.42 0.00 0.00 10,162.30 0.00 1,373,672.09 6,394,140.26 0.00 1,558,399.04 1,610,779.04 6,482,263.14 6,394,140.26 6,394,140.26 932.21 37% 1,500.00 100% 25,050.00 72% 16,520.40 94% 175,000.00 100% 175,000.00 100% 350,000.00 100% 150,000.00 100% 26,856.00 54% 131,747.00 132% 40,250.00 81% 1,480,233.41 69% 839,541.74 99% 16,935.58 28% 1,050,000.00 100% 1,750,000.00 100% 64,837.70 86% 50,000.00 100% 6,672,307.87 5353 STATEMENT OF CASH FLOWS BEGINNING CASH BALANCE REVENUES $ 6,464,505.07 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 Health Insurance Expense Aetna Health Insurance Comp Dent Corporation Total Health Insurance Expense ' ife Insurance Expense First Colony Life Insurance Total Life Insurance Expense Retirement Lord Abbot Total Retirement Expense ST & LT Disability The Principal Financial Group Total ST & LT Disability Professional Fees - Legal Goren, Cherof, Doody & Ezrol Total Professional Fees - Legal Printing/Promotions Blue Water Graphics Delray Blueprint Co Total General / Property Insurance Professional Fees - Contracted RMPK Group Kimley-Horn Associates, Inc The Angell Pension Group Total Professional Fees - Contracted Professional Fees - City Clerk City of Boynton Beach , ,~tal Professional Fees - City Clerk $ 1,801.78 $ 1,801.78 $ 461.54 $ 461.54 $ 1,339.62 $ 1,339.62 $ 1,312.22 $ 1,312.22 $ 817.82 $ 817.82 $ 2,114.41 $ 52.48 $ 19.95 $ 200.00 $ 153.31 $ 6,686.40 $ 2,406.49 $ 430.50 $ 15,842.19 $ 7,900.00 $ 187.50 $ 427.54 5354 $ 7,169.96 $ 7,169.96 $ 11,465.96 $ 2,166.89 $ 19.95 $ 200.00 $ 153.31 $ 6,686.40 $ 2,836.99 $ 23,929.69 $ 427.54 $ 6,471,675.03 Professional Fees - Maint. & Cleaning Green Team Pest Control Royal Office Cleaning Total Professional Fees - Maint. & Cleaning Professional IT Services The City of Boynton Beach Total Professional IT Service Equipment Leases Pitney Bowes Imagistics Total Equipment Leases Books & Publications GFOA Total Books & Publications Rent Expense Gene Moore rent May Total Rent Expense Electric FPL Total Electric Expense Telephone Cingular Wireless Bell South Total Telephone Expense Promotional ! Business Meetings Doug Hutchinson - Fly In Parking Doug Hutchinson - Fly In per diem Business Meetings Total Promotional ! Business Meetings Membership & Subscriptions Florida Trends Total Membership & Subscriptions CRA Meeting / Presentation ULI Training Total CRA Meeting ! Presentation Fee, Permits SunTrust Bank - Reprint Checks Total Fees, Permits Mileage & Delivery Imagistics Fed Express Total Mileage & Delivery Office Expense Wal-Mart Aqua Springs & Coffee Total Office Expense Office Supplies Office Depot Office Depot Sold Disk Total Office Supplies 5355 $ $ $ $ $ $ $ $ $ $ $ $ 20.00 140.00 3,000.00 19.75 343.00 138.00 1,120.00 154.66 68.12 220.00 65.00 123.00 203.09 9.98 148.74 58.76 29.00 141.90 79.07 37.50 ,357.64 14.96 (89.00) $ 160.00 $ 3,000.00 $ 362.75 $ 138.00 $ 1,120.00 $ 154.66 $ 288.12 $ 391.09 $ 9.98 $ 148.74 $ 58.76 $ 170.90 $ 116.57 $ 1,283.60 Fa(;ade Grant Grace Fellowship Church Sign A Rama Total Facade Grant ~/ay Finding Signs Guidance Pathways Total Way Finding Signs Festivals & Events Art of Framing Total Festivals & Events HOB The Urban Group Total HOB TOTAL EXPENDITURES TOTAL REVENUES OVER EXPENDITURES $ $ 15,000.00 1,560.00 2O,432.16 221.25 2,245.81 $ 16,560.00 $ 20,432.16 $ 221.25 $ 2,245.81 $ 94,749.12 $ 6,376,925.91 5356 V. Public Audience Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 5357 The CRA shall furnish appropriate auxiliary aids and servhces.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. VI. Public Hearing Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meehng will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, wh/ch record includes the testimony and evidence upon which the appeal is to be based. 5358 The CRA shall furnish appropriate auxiliary aids and servi~ces~where necessary to afford an individual 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. TO: THRU: FROM: DATE: PROJECT: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-097 Chair and Members Community Redevelopment Agency Michael Rumpf~~ Director of Planning and Zoning Maxime Ducoste-~. Planner May 3, 2004 Schnars Business Center / SPTE 04-003 Site Plan Time Extension Property Owner: Applicant/Agent: Location: ExisUng Land Use / Zoning: Proposed Land Use/Zoning: Proposed Use: Acreage: Adjacent Uses: North: South: East: West: PROJECT DESCRZPTZON 924 Venture L.L.C. James W. Mahannah P.E. / Schnars Engineering Corporation SE corner of NE 9~ Avenue and North Federal Highway (see Exhibit "A" - Location Hap) Nixed-Use (MX)/Mixed-Use Low (MU-L) No change proposed 8,754 square foot Professional Office Building 22,838 square feet (0.52 acres) N.E. 9th Avenue right-of-way, and farther north, Boynton Beach F.O.E. #3944 lodge building, zoned C-4; An auto repair business (Neal Autohaus Auto Repair shop) zoned Single-family neighborhood, zoned R-l-A; and North Federal Highway right-of-way, and farther west, a retail business (MSdVl Appliances), zoned C-4. BACKGROUND Mr. 3ames W. Mahannah PiE. of Schnars Engineering Corporation and agent for 924 Venture L.L.C. is requesting a one (1)-year time extension, for the~ site plan approval (NWSP 02-024) originally granted on February 18, 2003. Traff~c concurrency was als6~ ai~proved at this time, with a stated build-out date of 2003. The property, zoned Mixed-Use Low (MU-L), is currently a vacant, undeveloped parcel approximately Page 2 Memorandum No. PZ 04-097 0.52 acres in size. The intent of the project is to construct a three (3) story, 8,754 square foot office retail building (see Exhibit - "B'~. ]:f this request for extension were approved, the expiration date of this site plan, including concurrency certification would be extended to February 18, 2005. On February 18, 2003, the City Commission granted site plan approval for the above-referenced project. This site plan approval was subject to 12 conditions of approval. All project conditions of approval pertaining to the site plan would still apply. According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have one (1) year to secure a building permit from the Development Department". ]:t states further that the City Commission may extend the approval for one (1) year provided that the applicant has filed a request for a time extension prior to the explratlon of the original approval. ]:n this case, the applicant has met the requirement. The Planning & Zoning Division received the application for a site plan time extension on February 12, 2004, prior to the expiration date. After Commission approval, the applicant submitted applications for building and for paving and drainage permits in May 2003, which were voided due to inactivity in November 2003 and .lanuary 2004, respectively. As stated in the reqUest, the applicant has been delayed because of inability to locate suitable tenants required to secure financing. RECONIpIENDATJ:ON Staff recommends approval of this request for a one (1)-year time extension of the site plan approval (NWSP 02-024) with the condition that the applicant obtalns traffic concurrency approval to extend the build-out date accordingly. This positive recommendation is based on the fact that no changes have been made to the Land Development Regulations that would impact this project since it was approved in February 2003. Approval of this request for site plan extension would extend the project's expiration date to February 18, 2005. All conditions of approval Included In the Initial development order must still be satisfactorily addressed during the building permit process; however, any conditions of approval recommended by the Board or required by the City Commission will be placed in Exhibit "C"- Conditions of Approval. S.~Plannlng~SHARED~WP~PROJE~nars Business Ctr~PTE~Staff Repod.doc Location Map SCHNARS BUSINESS CENTER EXHIBIT "A" PU -'ii Iii " I ':--' EXHIBIT "C" Conditions of Approval Project name: Schnars Business Center File number: SPTB 04-003 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Corm~nents: None PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DMSION Comments: None BUILDING DMSION Comments: None PARKS AND RECREATION Comments: None FORE STERfENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: 1. Submit a revised traffic impact statement mee.~ig~ g~the Traffic Performance Standards of Palm Beach County Traffic Division prior to issuance of a building permit. ~ ¢2 c] (~) Conditions of Approval 2 DEPARTMENTS INCLUDE RBYBCT ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:kPIanningkSHARED\WPkPROJECTSKSchnars Business CtrKSPTE\COA.doc DEVELOPMENT ORDER'OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Schnars Business Center APPLICANT'S AGENT: James W. Mahannah, P.E. APPLICANT'S ADDRESS: 951 Broken Sound Parkway Suite 108 Boca Raton, FL 33487 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 11, 2004 TYPE OF RELIEF SOUGHT: Request a one (1)-year site plan time extension for Schnars Business Center. LOCATION OF PROPERTY: 924 North Federal Highway, Boynton Beach 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: .... .~,~ City Clerk S:\Planning\SHARED\WP\PROJECTS\Schnars Business Ctr\SPTE\DO.doc Fror;,.KEITH 8:, BALLBE, INC. 954 489 9802 '06/03/2004uu""-"~'"'. KEITEI & BALLBi~, INC. Consulting Engineers 2201 West Prospect Road, Suite 100 Fort Lauderdale, Florida 33309 Phone (954) 489-980'1 Fax (954) 489-9802 J~me 3, 2004 Mr. Dick Hudson, AICP Senior Planner crrY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 (Via Fax) WATERSIDE Project Number 22-12-53 Dear Mr, Hudson: Please postpone the application for Annexation, Land Use, Zoning and Site Plan for the above referenced project m~til further notice. If you have any questions or require any additional information, please do not hesitate to call our office. S~.cerely, Carlo~.J. Ballb~, P.E. Hector Garcia, SOUTHERN HOMES Bonnie L. Miske, RUDEN, MCCLOSK, SMITH, SCHUSTER & RUSSELL, P.A. G:~ROJ~C'l'3'~20953 - Wsia',iidICorr~'spondta~~'~t.l*t.wpd '~ ~ ~ ~ DEVELOPMENT DEPARTMENT PLANNING & ZONING DMSION MEMORANDUM NO. PZ 04-021 TO: FROM: THROUGH: DATE: PROJECT DESCRIPTION Project/Applicant: Florida Collision Andrew Cohen Chairman and Members Community Redevelopment Agency Board Hanna Matras, Planner Michael W. Rumpf Director of Planning and Zoning June 2, 2004 Center/Boynton Beach RE Enterprises, Inc. and Agent: Owner: Location: File No: Property Description: Proposed change/use: Carl A. Cascio, P.A. Boynton Beach RE Enterprises, Inc. 902 NE 3~ Street LUAR 04-005 Vacant property consisting of two parcels, totaling approximately 0.52 acre, classified General Commercial (GC) and zoned C-4, General Commercial District To reclassify' from General Commercial (GC) to Industrial (I) and to rezone from C-4 General Commercial District to M-1 Industrial District. Adjacent North: South: East: West: Land Uses and Zoning: Right-of-way for NE 9t~ Avenue, then vacant parcel designated Local Retail Commercial (LRC) and zoned C-2, Neighborhood Commercial District Right-of-way for NE 8t~ Avenue, then developed property (flex space) designated General Commercial (GC) and zoned C-4, General Commercial District. Developed property (auto repair and towing - Florida Collision Center) designated Industrial (I) and zoned M-l, Industrial District. Right-of-way for NE 3e Street, then developed property (Palm Beach County Head Start daycare and the city's Public Works' facility) designated Public and Private Governmental/Institutional (PPGI) and zoned PU, Public Usage. Page 2 File Number: LUAR 04-005 Florida Collision Center EXECUTIVE SUMMARY Staff recommends approval of the proposed land use amendment/rezoning. The proposed land use amendment/rezoning: · Is consistent with the Comprehensive Plan; · Is consistent with recommendations of the Heart of Boynton Community Redevelopment Plan; · Will bring the applicant's entire property under the same land use designation and zoning category; and · Will increase the supply of land with M-1 light industrial zoning suitable for small businesses. BACKGROUND The applicant, who is the owner of the auto repair and towing business Florida Collision Center located on a parcel adjacent to the subject property, is requesting the land use amendment and rezoning which, if granted, will bring the said property under the same land use designation (Industrial) and zoning (Industrial District) as the parcel developed with his existing auto repair business. The subject property, recently purchased by the applicant, consists of two parcels. One of the parcels was developed with a single family home, a non-conforming use under the current zoning, but the building has been demolished and both parcels are at present used for vehicle parking and storage for the existing auto repair business. Exterior storage of motor vehicles, but not wrecked motor vehicles, is a permitted use under current C-4 zoning in connection with a lawfial principal use, the auto repair. Wrecked vehicles make up a significant portion of vehicles stored on the subject property. Storage of such vehicles is a permitted use in the proposed M-1 zoning district, provided that it is adequately screened. The applicant will be expected to improve the property by providing such adequate screening, particularly from the Head Start daycare center located to the west of the property, across from NE 3~a Street. PROJECT ANALYSIS The subject parcel totals i-0.$2 acre. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with the state and regional plans prior to adoption. The criteria used to review Comprehensive Plan amendments and rezonings are listed in Chapter 2, Section 9, ~4dministration and Enforcement, Item C. Comprehensive Plan .4mendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. As per this requirement, the following criteria are applied in the analysis of the proposed rezoning: Page 3 File Number: LUAR 04-005 Florida Collision Center Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. The proposed rezoning is consistent with all applicable comprehensive plan policies. In particular, it is consistent with policies under Objective 1.9 of the Land Use Element: Objective 1.9 The City shall eliminate blighted residential neighborhoods and business districts through the adoption and implementation of Community Redevelopment Plans including the Boynton Beach 20/20 Redevelopment Master Plan and the Coastal Management Element to guide development and redevelopment along the Boynton Beach Boulevard and Ocean Avenue corridors, within the commercial and residential Community Redevelopment Areas, and within the vicinity of U.S. 1 and Martin Luther King Boulevard. The property is located in the Arden Park neighborhood within the Heart of Boynton Community Redevelopment Area, and thus the subject of a recently adopted Heart of Boynton Community Redevelopment Plan. The proposed land use amendment and rezonmg is consistent with the recommendations of the plan which supports industrial uses in the area bounded by N. Railroad Avenue on the east, NE 3~l Street on the west, NE 3~i Avenue on the south and NE 92 Avenue on the north. The proposed rezoning does not affect density, neither is the property located within the hurricane evacuation zone. Whether the proposed rezoning wouM be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The proposed rezoning would be consistent with the established industrial and commercial use patterns in the area and will not create an isolated district. A number of lots within the General Commercial District, where the property is located, and within the industr/ally zoned area along the N. Industrial Avenue, are developed with industrial and heavy commercial uses. The need for adequate screening, however, is particularly evident given the presence of the Head Start child care facility west of the subject property. c. Whether changed or changing conditions make the proposed rezoning desirable. The recent adoption of the Heart of Boynton Community Redevelopment Plan and its recommendations regarding properties located in the Arden Park neighborhood makes the proposed rezoning desirable. The recommendation is to reclassify all properties fronting NE 3~ Street on the east side from General Commercial District to M-1 Industrial District, thus expanding the existing industrially zoned area. The shrinking supply of lands with the industrial designation in recent years may create future location problems for industrial and marginal Page 4 File Number: LUAR 04-005 Florida Collision Center commercial uses, which are important to the economic fabric of the city by providing valuable services and employment opporttmities. This applies to all land classified industrial. The shortage of industrial sites geared towards small business is one of the concerns. At present, there is not much vacant land with industrial zoning such as M-1. Moreover, the areas with C-4 zoning, which allows marginal commercial uses, are also scarce. These are located along US-1 and may ultimately be reclassified/rezoned to further the Federal Highway Corridor Community Redevelopment Plan. Whether the proposed use wouM be compatible with utility systems, roadways, and other public facilities. The proposed rezoning will not entail any changes with respect to demand for public facilities. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. As stated above, the proposed use of the property will be compatible with the current and future use of adjacent and nearby properties. It will not affect the property values of adjacent or nearby properties. However, the appropriate screening of the properties fi:onting NE 9ta Avenue on the south side will be important as the Heart of Boynton Community Redevelopment Plan recommends land use amendment and rezoning of parcels located on the north side of the NE 9t~ Avenue, across from the subject property, from Local Retail Commercial land use and Neighborhood Commercial zoning to Multi Family Residential use and R-3 zoning. Further expansion of the industrial zoning district, beyond what is recommended by the Heart of Boynton Community Redevelopment Plan, will also be discouraged by the existence of the adjacent NE 3~a Street and NE 9n' Avenue, which represent a permanent separation of the industrial from the surrounding non-industrial districts. f l~Ttether the property is physically and economically developable under the existing zoning. The property is physically and economically developable under the existing zoning; however, the existing auto repair shop requires vehicle storage and parking as an auxiliary use which the property conveniently accommodates. g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The proposed rezoning will have negligible impact on the city as a whole, but, as argued in point (c), it will contribute to the supply of the industrial land suitable for small businesses. The request is consistent with recommendations of the Heart of Boynton Redevelopment Plan, which is largely based on the neighborhood needs assessment. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. There are alternative sites throughout the city for a single-family home use and development. However, as documented above, this proposed boundary adjustment is minor and compatible with adjacent land uses. Page 5 File Number: LUAK 04-005 Florida Collision Center CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan, will not create additional impacts on infi:astructure and will be compatible with adjacent land uses. It is consistent with the Heart of Boynton Redevelopment Plan. Therefore, staff recommends that the subject request be approved. If conditions of approval are recommended by the Planning and Development Board or required by the City Commission, they will be included as Exhibit "C'. A~AC'TIME~S (}:~UAR~kFIodda Coll~ion Cent~aStaff Report PI Coll/~ion Center. doc LOCATION MAP 902 NE 3rd STREET PPGI GC leDR o_255o 100 150 20~eet TO: THRU: FROM: DATE: PROJECT NAME/NO: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-120 STAFF REPORT Chair and Members Community Redevelopment Agency and City Commission Michael Rumpf{~~) t'~'-- Planning and Zoning Director Maxime Ducoste-A. Planner June 1,2004 Phillips Industrial Lot 4 / NWSP 04-008 New Site Plan Property Owner: Applicant: Location: Existing Land Use/Zoning: PropoSed Land UselZoning: Proposed Use: Acreage: Adjacent Uses: North: South: East: West: PROJECT DESCRIPTION Phillips Equipment Mr. John Phillips Lot 4, West Industrial Avenue (see Exhibit 'A" - Location Map) Industrial (I) / Industrial (M-1) No change Outdoor storage for recreational vehicles (RV, boats and trailers). 1.44 acres (62,300 square feet) Property under construction approved for office / warehouse building (Phillips Industrial Park), zoned Industrial (M-l); Property under construction approved for a paving contractor warehouse, zoned Industrial (M-l); Right-of-way for the C.S.X. Railroad, then farther east is the right-of-way for Interstate 95; and Right-of-way for Industrial Avenue, then farther west is developed residential, zoned Single-familY residential (R-lA). Site Characteristic: The site is currently undevBIop~ed and cleared, totaling 1.44-acre. There is no other vegetation of any significance on the site.-The subject property is surrounded by other industrial uses, and zoned M-1. ~.~c~ ~ Staff Report - Phillips Industrial Lot 4 (NWSP 04-008) Memorandum No PZ 04-120 Page 2 Proposal: Concurrency: Traffic: Drainage: School: Driveways: Parking Facility: BACKGROUND The developer is proposing an outdoor storage facility for recreational vehicles, to be located on a vacant 1.44-acre parcel. No building will be constructed on this site (See Exhibit "B"- Proposed Site Plan). ANALYSIS No traffic statement was submitted with this proposal. In order to ensure an adequate level of service, The Palm Beach County Traffic Division must review and approve any potential impacts, pdor to the issuance of a building permit (see Exhibit "C"- Conditions of Approval). Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review (see Exhibit "C" - Conditions of Approval). School concurrency is not required for this type of project. The project proposes one (1) main point of ingress / egress along West Industrial Avenue with automated 15-foot sliding gates. The entrance would be comprised of a 32-foot wide ingress / egress driveway with a curbed median in the center of the opening to direct vehicular traffic in and out of the subject property. The site plan (sheet SP-1) shows a secondary driveway access to be shared with the previously approved project to the north, Phillips Industrial Park, since the office associated with the storage business will be located on that parcel. A Unity of Title and cross- access agreement is required as a condition of approval. Since this development proposes a driveway connection.to the property to the north, this project would also share its connection to West Industrial Avenue. A 24-foot sliding gate is proposed for security purposes, at the point of cross-access. The proposed on-site traffic circulation system .consists of one (1), two-way drive aisle 30-feet in width, extending through the interior of the site. The Land Development Regulations requires at minimum four (4) parking spaces for any nonresidential use. Parking space requirements shall be computed on the basis of the principal use of the structure or the lot. However, since no building improvements are proposed on the site, the minimum number of parking spaces for this use is four (4) spaces, which the applicant is providing. The approved project on Lot 5, Phillips Industrial Park, required and provided 38 parking spaces. Further, the entire parking between the two projects will be shared. Although the two projects will provide minimal parking spaces per code requirements, it is not anticipated that this use will generate excessive parking demands. The dimensions of the handicap spaces would be enlarged to comply with the requirements of the American with Disabilities Act (ADA). Since the subject property lies within the Community Redevelopment Agency area, the backup distance behind the parking spaces can be reduced from 27 feet in width to 24 feet in width. Each proposed storage stall is 12 feet in w~and 35 feet in length. The backup distance or drive aisle is 30 feet in width. As proPosed, the total paved area would amount to 53,160 Staff Report - Phillips Industrial Lot 4 (NWSP 04-008) Memorandum No PZ 04-120 Page 3 square feet or 84.78% of the site. Landscaping: The proposed landscaped (pervious) area would be 9,540.70 square feet or 15.2% of the site. The landscape plan plant list (sheet LP-1) shows that the front (west) landscape buffer would be approximately 60 feet in width. A vast majority of it, however, would be comprised of the 50-foot wide drainage easement. The landscape plan currently shows a row of Ixora "Nora Grant" shrubs and two (2) Royal palm trees. In any case, the front landscape buffer shall consist of a combination of colorful groundcover plants and a minimum of two (2) colorful shrub species planted in a continuous row (see Exhibit "C" - Conditions of Approval). Further, the project entrance shall be enhanced with two (2) signature trees (Tibouchina Granulosa) as required bythe Landscape Code. The south landscape buffer, measures 5-foot in width, would consist of a Green Buttonwood and Live Oak trees and a row of Cocoplum hedges. The north landscape buffer (which would be shared with Lot 5 per a recorded agreement) would consist of a mixture of trees and Cocoplum hedges. Finally, the rearlandscape buffer would consist of Royal palm trees and Cocoplum hedges. The development would be provided with the required amount of perimeter and internal landscaping as required in the Land Development Regulations, Chapter 7.5 Article II. BUilding and Site: Site regulations will be fully met when staff comments are incorporated into the permit drawings. N° buildings will be constructed on this site. Design: The design of this project will be compatible with the surrounding area through the use of color-coordinated fencing and landscape buffedng from adjacent road rights-of-way. The applicant has provided enhanced landscaping at the driveway entrances to further buffer street views. Signage: No signage is proposed for this site. RECOMMENDATION: The Technical Review Committee (TRC) has reviewed this request for new site plan approval. Staff recommends approval, contingent upon all comments indicated in Exhibit "C"- Conditions of Approval. Any additional conditions recommended .by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Plannlng\SHARED\WP~ROJECTS\PhlIIIps Industrial Park\NWSP 04-008\Staff Report.iff 1 in. = 200.0 feet Intersta :e 1-95 PHILLIPS INDUSTRIAL LOT4 LOCATION MAP EXHIBIT "A" I Patter, ion .('Pg') EXHIBIT "B" EXHIBIT "B PHILLfII~8 INDUSTRf.4~ PARK EXHIBIT "C" Conditions of Approval Project name: Philhps Industrial Lot 4 File number: NWSP 04-008 Reference:. 2na review plans identified as a New Site Plan with a May 18, 2004 Planning & Zoning date stamp DEPARTlVIENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: 1. Fire flow calculations will be required demonstrating the City Code requirement of 1,500 g.p.m. (500 g.p.m, some residential developments) with 20 p.s.i, residual pressure 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(1>)). 2. Water and sewer lines to be owned and operated by the City shall be included within utility easements. Please show all proposed easements on the engineering drawings, using a minimum width of 12 feet. The easements shall be dedicated via separate instrument to the City as stated in CODE Sec. 26-33(a). 3. This office will not require surety for installation of the water and sewer utilities on condition that the systems be fully completed and given to the City Utilities Department. 4. A building permit for 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 CODE Sec. 26-15. 5. Staff recommends placement of an additional fire hydrant in the "No Parking" area at the northeast end of the parking lot. The fire hydrant may come off the existing 6-inch water main and should be protected by bollards. 6. 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 ~ttes Engineering Design Handbook and Con.~truetton Standards" manual (including any updates); Conditions of Approval 2 DEPARTMEI~S INCLUDE REJECT they will be reviewed at the time of construction permit application. FIRE Comments: 7. Hydrant connections shall be to mains no less than six (6) inches in diameter. In addition to domestic requirements at a residual pressure of not less than 20 psi, a fire flow of at least 1500 gpm is required. 8. Where underground water mains and hydrants are to be provided, design documents must demonstrate that they will be installed, completed, and in service prior to construction work per the Florida Fire Prevention Code, (2000) Section 29-2.3.2. 9. City Ordinance Section 9-6, 3./7-11 requires approved automatic fire sprinkler systems throughout all buildings or structures regardless of the type of construction that are in excess of 12,000 square feet per floor. POLICE Comments: None ENGINEERING DIVISION Comments: 10. 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. 11. Full drainage plans, including drainage calculations, in accordance with the LDR, Chapter 6, Article IV, Section 5 will be required at the time of pemaitting. 12. P~ving, Drainage and site details will not be reviewed for construction acceptability at this time. 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 ~-ne of construction permit application. BIfILDING DMSION Comments: 13. Please note that changes or revisions to these plans may generate additional comments. Accepmuce of these plans during Me~RC process does not ensure that additional comments may not be generated by the commission and at permit review. DEPARTMENTS INCLUDE REJECT the location and perimeter of the limits of construction proposed with the subiect rec[uest. 15. At time of permit review, submit signed and sealed working drawings of the proposed construction. 16. On the drawing titled site plan, identify and label the symbol that represents the property line 17. As required by LDR, Chapter 4, Section 7, submit a current survey of the subject property. 18. 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 ofpemait application, F.S. 373.216. 19. At time of permit review, submit separate surveys of each lot, parcel or tract. For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel or tract. The recorded deed shall be submitted at time of permit review. 20. 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 listed in the development order and approved by the City Commission. 21. The full address of the project shall be submitted with the construction documents at the time of permit application submittal. The name of the project as it appears on the Development Order must be noted on the building permit application at the time of application submittal. 22. Show the proposed site lighting on the site and landscape plans. (LDR, Chapter 4, Section 7.B.4) If possible, provide photo metrics as part of your TRC plan submittals. 23. Clearly show on the plans the entire area and scope of work covered under this application. If the project is only for Lot g4 clearly note this on the plans and delineate the limits of construction. PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: 24. Project requires a traffic impact statement/sm~y and conformance with the Palm Beach Coun~ Traffic Performance S~. Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT 25. A sealed survey not older than six (6) months is required. 26. Since this project intends to connect to the abutting parcel to the north, a unity of title and/or cross access agreement shall be required prior to issuance of a buildin~ permit. 27. Provide detail of a standard parking space and handicap space in accordance with the City's Engineering Department Standard Drawing B-90012. The only handicap space is on adjacent 1oare, el. 28. Label and dimension required landscape buffer on the site plan and landscape plan. Seven (7) foot landscape buffer is required between fight- of-way and parking, complete with two colorful shrubs planted in continuous rows or clusters and a row of colorful groundcover. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:~Planning\$HARED\WP~PROIEC~S~Phillips Industrial ParI6NWSP 04-008\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Phillips Industrial Lot 4 APPLICANT'S AGENT: John Phillips .APPLICANT'S ADDRESS: P.O. Box 292414 Davie, FL 33329 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 15, 2004 TYPE OF RELIEF SOUGHT: Request New Site Plan approval for 62,300 square feet of outdoor storage for recreational vehicles in an M-1 zoning district. LOCATION OF PROPERTY: 1040 W. Industrial Avenue Boynton Beach, FL 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: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4, The Applicant's application for relief is hereby , GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. '7. Other DATED: ~; : City Clerk S:\Planning\SHARED\WP\PROJECTS\Phillips Industrial Park\NWSP 04-008\DO.doc TO: THRU: FROM: DATE: PRO.]ECT: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-109 Chairman and Members Community Redevelopment Agency Board Michael Rumpf Director of Planning and Zoning Eric Lee 3ohnson, AICP ~,,-' Planner May 20, 2004 The Arches / SPTE 04-004 Site Plan Tlme Extension Property Owner: Applicant / Agent: Location: Existing Land Use / Zoning: Proposed Land Use/Zoning: Proposed Uses: Acreage: Adjacent Uses: North: South: East: West: PRO3ECT pIESCl~PI'J:ON MulUple owners, including MGR of Palm Beach, [nc., Dolphin Bar ];nc., and Prime Plaza, Inc. Mr. Ryan Weisfisch with Boynton Ventures 1, LLC Beginning at the southwest comer of Ocean Avenue and Federal Highway (see Exhibit "A"- Location Map) Mixed Use Core (MXC) / Mixed Use-High (MU-H) No change proposed Mixed Use project including Residential Multi-family, Parking Garage, Office and Retail. 3.515 acres (153,1:[3.4 square feet) Right-of-way for Ocean Avenue and farther north are developed properties zoned Central Business District (CBD); Right-of-way for Southeast 2"~ Avenue and farther south is a developed commercial plaza zoned Community Commercial (C-3); Right-of-way for Federal Highway and father east ,is developed commercial properties zoned CBD; and Developed commercial properties in Block 7 zoned CBD and then farther west is right-of-way for Southeast 4m Street and still farther west is developed commercial propertlesaoned CBD. Page 2 Memorandum No. PZ 04-109 BACKGROUND In 2003, Boynton Ventures 1, LLC, the cOntract purchaser~ assembled many different lots throughout almost two (2) city blocks in order to construct a large-scale mixed-use development. The project was approved for three (3) separate buildings ranging from three (3) stories to 10 stories in height. Retail and restaurant uses would primarily occupy the ground floor while office and residential uses would occupy the second and remaining upper floors. This scenario would be consistent with the standards of the MU-H zoning district. The project was to be built within one (1) phase. According to public records, the subject property remains under mulUple ownership. Mr. Ryan Weisfisch of Boynton Ventures IS LLC is now requesting a one (1)-year time extension, for the site plan (NWSP 03-002) that was approved on June 3, 2003. It must be noted that on .lune 17, 2003, the City Commission approved Ordinances 03-019 and 03-020, which adopted the corresponding land use amendment / rezoning changes (LUAR 03-003), also requested by 8oynton Ventures, LLC. This land use amendment / rezoning request successfully changed the underlying land use from Mixed Use (MX) to Mixed Use Core (MX-C) and the zoning from Central Business District (CBD) to Mixed Use High Intensity (MU-H). The approval of the land use and zoning are now in perpetuity and cannot be changed unless a formal request is made to change them. The gross density of the project was approved at approximately 79 dwelling units per acre, which was in compliance with the maximum density allowed in the MX-C land use category. Both the City Commission and the Florida Department of Community Affairs (DCA) approved the land use amendment and rezoning application. However, a subdivision master plan is valid for only one (1) year after a development order has been issued. The developer is required to secure a building permit within that year. If this request for extension were approved, the expiration date of this site plan, including concurrency certification would be 'extended to .lune 3, 2005. ANALYSZS According to Chapter 4, Section 5 of the Land Development P, egulaUons, "the applicant shall have one (1) year to secure a building permit from the Development Department". Examples of building permits include but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural. The Regulations authorize the City Commlssion to approve one (1) year Ume extensions, provided that the applicant files the request prior to the expiraUon date of the development order. ]:n this case, the applicant has met that requirement. The Planning & Zoning Divislon received the application for time extension on April 27, 2004, which is nearly two (2) months prior to the expiration date of the new site plan. According to the Ume extension applicaUon, Mr. Weisfisch Indicates that Boynton Ventures, LLC has "encountered an unforeseen environmental Issue". While it may be true that the applicant experienced delays caused by outside government agencies or Inherent problems with the subject site, the onus is still on the applicant to submit drawings to the Building Division in order to secure a building or infrastructure type of permit. Submitting these types of permit plans demonstrates "good faith" to the City that the developer is attempting to complete the project. ]:n defense of the developer, however, a project of this magnitude requires additional time for due diligence with regard to property acquisition, project financing, and construction planning. Also, a more formal criterion for evaluating requests for Ume extensions is compliance with (traffic) concurrency requirements. On .lanuary 6, 2002, the Palm Beach County Traffic Division approved the traffic study for 59,000 square feet of retail and 257 dwelling units with a bulld-out year of 2005. The site plan time extension is still subject to the 53 conditions approved in the original new site plan. Page 3 Memorandum No. PZ 04-109 RECOMMENDA'I'ZON Staff recommends approval of this request for a one (1)-year time extension of the site plan (NWSP 03- 002). As previously mentioned, if this request for site plan time extension is approved, all conditions of approval from U~e original site plan must still be satisfactorily addressed during the building permit process. Any additional condiUons of approval recommended by the Board or City Commission would be placed in Exhibit "C"- CondiUons of Approval. S:\Plannlng\SHARED\WP\PRO.1ECTS~RCHES @ BB\SFTE 04-004\Staff Report.doc Location Map The Arches at Boynton Beach EXHIBIT "A" !O2' I" i' PU -REd, ' { i ! R!I~ m: CBDil, t= OQB'AN1 AVI~ R3 i EXHIBIT 'B' EXHIBIT "C" Conditions of Approval Project name: Arches File number: SPTE 04-004 Reference: Site Plan Time Extension DEPARTMENTS INCLUDE KEJECT PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DMSION Comments: None BUILDING DMSION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: None ADDITIONAL COMMUNITY REDEVELOPMI~,NT AGENCY BOARD CONDiTiONS~' Conditions of Approval 2 DEPARTMENTS INCLUDE REYECT Comments: 1. None ADDITIONAL CITY COMMISSION CONDITIONS Comments: 2. To be determined. S:\Planning\SHARED\WP'~ROJECTS~ARCHES (~ BB\SPTE 04-004\COA. doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Arches (SPTE 04-004) APPLICANT'S AGENT: Mr. Ryan Weisfisch with Boynton Ventures 1, LLC APPLICANT'S ADDRESS: 1250 East Hallandale Beach Boulevard, Suite 305 Hallandale Beach, FL 33009 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 15, 2004 TYPE OF RELIEF SOUGHT: Request one (1) year site plan time extension for a large scale mixed- use project approved on June 3, 2003 (an extension to June 3, 2005) LOCATION OF PROPERTY: Southwest corner of Ocean Avenue and 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, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set fodh on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: S:~Plannlng\SHARED\WP\PROJECTSV~,RCHES ~ BB\SPTE 04-004\DO.doc City Clerk VII. Director's Report 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. 5360 The CRA shall f~nish 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 activit~ in order for the CRA to reasonably accommodate your request. MEMO To: From: Date: Subject: CRA Board Douglas Hutchinson June 8, 2004 CRA Activities Development Items: Town Square Taskforce- Board Member Don Fenton has volunteered for the taskforce. The second meeting has taken place to begin the planning process. A local consultant will assemble study information from all sources to define need, resources and use. DH · Annual report - Our first Annual Report has been drafted and sent for review to the CRA Board. Please forward notes on the document as soon as possible. DH Boynton Beach Blvd/PromenadelRiverwalk Design/Build RFQ South Florida Water Management District permitting is under final neootiations. Temporary permitting has allowed restricted construction to bec~in. DH Way-Finding Signage Program - Phase II (manufacturing) and Phase III have been approved by the CRA Board to move forward. Our signs for the first phase of signs were delivered to the City of Boynton Beach warehouse. We have received three bids for installation and selected Kay Enterprises. Guidance Pathways has started the permittinq process and as soon as the permittinq process is complete we will move forward with the installation. SV MLK Property Acquisition Phase I - TUG has begun property notifications and briefings with both the CDCs. Appraisals have been ordered. See agenda item. DH 5361 · CRA Police Pilot Pro,qram - The contract will be brou.qht before the CRA Board for approval as soon as we receive it from the Police Department. DH · Boynton Beach Blvd District Redevelopment Plan Update- Revised draft is bein.q compiled. CRA & City Staff are reviewin.q the revised draft for presentation at a June 17~h workshop. DH Design Guidelines Overlays -The document has been given back to RMPK Group for their next revision. Work has been delayed due to a conflict in LDR mixed-use re-writes not matching new LDR concept, therefore no Design Guidelines can be written until this is resolved by the City in April. DH · Museum Feasibility Study Team - Mid-term of the study has been completed. July workshop time frame. DH CRA Brochure and Web Site Development - Jack of Arts is going forward with Web Site Development and setup. We are editing the Web Site and adding information to each section. DH · CRA Lo.qo Apparel - Information has been sent to the Board in their FYI packages. AG Events - A "State of the CRA" and Reco.qnition Banquet is in the ~)lannina staaes. The ~)ro~osed time frame for the event is late Au.qust. AG Genesis Business Program-The Mentor Selection Committee has had the first meetin.q. The qualifications and prerequisites for the qualified mentors were discussed and each member will submit the resumes of any qualified candidates. The follow up meeting at which the mentors will be selected is proposed for the week of June 17~. The Development Fair is tarq. eted to be held the second week in September at the Holiday Inn Express. AG Land Development Regulation (LDR) - LDR re-write will be by the City of Boynton Beach over the next several months. The CRA asked to submit concems, ideas, etc. Staff is interfacing on re-write language and reviewing the Second draft concept. On hold until Mixed-Use Districts are settled. DH 5362 · Possible Office Options - As per CRA Board direction, Staff is Iookinq into lease space. · Grants Update Fred and Joe's Automotive had to .qo out for rebid on their projects due to the lenathv approval process with the SBA. They will be movinc7 forward with their project soon. St. Mark's Church has started construction on the church. Delray- Boynton Academy will start construction next month. Boynton Boundless is 80% complete and should be completed by Auaust 2005. SV 5363 BURKHARDT CONSTRUCTION, INC. 1400 Alabama Avenue, #20 West Palm Beach, Florida 33401-7048 Tel: (561) 659-1400 Fax: (561) 659-1402 Ill I MEETING NOTES No. 0013N PROJECT TITLE: B.B. Promenade & Riverwalk LOCATION: BCI Field Office ITEM DESCRIPTION I10000 OTHER MEETING DATE: 5/20/2004 SUBJECT: B.B. Promenade and Riverwalk STATUS STARTED DUE BALL IN COURT NEW 111301 MAINTENANCE OF TRAFFIC ISSUES NEW 111302 111303 111304 ** THERE ARE NO MOT ISSUES TO DATE, 05/20/04. ALL BARRICADES AND SIGNAGE IN PLACE AS JOBSITE SAFETY & CLEANLINESS ISSUES ** JOBSITE SAFETY WAS DISCUSSED BRIEFLY. THERE ARE NO ISSUES OF CONCERNING SAFETY OR CLEANLINESS TO DATE, 05/20/04. EROSION CONTROL MEASURE ISSUES ** EROSION CONTROL IS IN PLACE AS REQUIRED, 05/20/04. UPDATED RECORD DRAWINGS OLD OLD OLD 111305 Our next meeting is Wednesday May 26, 2004 at 9:30a. m. OLD in the Burkhardt Construction Field Office. 5364 Prepared By: Burkhardt Construction, Inc. Expedition® Dated: 5/24/2004 Page 6 of 6 BURKHARDT CONSTRUCTION, INC. 1400 Alabama Avenue, #20 West Palm Beach, Flodda 33401-7048 Tel: (561) 659-1400 Fax: (561) 659-1402 PROJECT TITLE: B.B. Promenade & Riverwalk LOCATION: BCI Field Office MEETING NOTES No. 0013N MEETING DATE: 5/20/2004 SUBJECT: B.B. Promenade and Riverwalk ITEM DESCRIPTION 070000 SUBMITTALS STATUS STARTED DUE BALL IN COURT NEW 071201 080000 05/05/04 - PAY REQUISITION #6 HAS BEEN SUBM/TTED FOR REVIEW AND CORRECTION BY JTR INC. ** PAY REQUISITION g6 HAS BEEN SUBMITTED FOR PAYMENT. CONTRACT/WORK AUTHORIZATION STATUS OLD NEW 090000 SCHEDULE UPDATE NEW 091301 100000 THE UNDERGROUND UTILITY CONTRACTOR HAS OLD RUN 12" DIP FOR THE WATERMAIN FROM THE INTERSECTION AT NE 6TH COURT EAST NEAR STA 36+35. WORK WILL BEGIN ON THE SANITARY SEWER CONSTRUCTION NEXT WEEK, PROVIDED FP&L HAS COMPLETED THE DE-ENERGIZATION OF THE OVERHEAD LINES. ACTION ITEMS NEW 101202 101301 DSE TO FOLLOW UP WITH THE DE-ENERGIZING OF OLD THE OVERHEAD POWER LINE FOR SANITARY SEWER CONSTRUCTION. ** FP&L TO DE-ENERGIZE THESE LINES BY FRIDAY, MAY 21, 2004. PLAN SHUTDOWNS AND DURATIONS FOR THE CONSTRUCTION OF THE OFF-SITE WATERMAIN. WHEN THIS INFORMATION HAS BEEN DETERMINED, DSE TO FOLLOW UP WITH A REVISED COST PROPOSAL TO COMPLETE THIS WORK. OLD Prepared By: Burkhardt Construction, Inc. Expedition ® 5365 Dated: 5/24/2004 Page 5 of 6 BURKHARDT CONSTRUCTION, INC. '1400 Alabama Avenue, #20 West Palm Beach, Florida 3340'1-7048 Tel: (56'1) 659-'1400 Fax: (56'1) 659-'1402 PROJECT TITLE: B.B. Promenade & Riverwalk LOCATION: BCI Field Office ITEM 031301 040000 DESCRIPTION ** PARKS AND RECREATION HAS INDICATED OLD THEY DO NOT HAVE THE BUDGET TO TAKE THE SABAL PALMS WITHIN THE R/W ALONG BOYNTON BEACH BLVD. BCI HAD SUGGESTED THAT THE CITY COULD HAVE THE EXISTING TREES IF THEY SO DESIRE, AS IT IS ECONOMICAL AND MORE EFFICIENT TO REPLACE THESE TREES. BCI WILL REMOVE THE TREES UNDER THE ORIGINAL CONTRACT. THE TREES WILL BE REMOVED WHEN TI-[E SFWMD PERMIT IS ISSUED. WATER/SEWER/DRAINAGE UTILITIES ISSUES NEW MEETING NOTES No. 0013N MEETING DATE: 5/20/2004 SUBJECT: B.B. Promenade and Riverwalk STATUS STARTED DUE BALL IN COURT 050000 FRANCHISE UTILITIES (FPL, TELEPHONE, CATV) NEW 051301 060000 DSE SPOKE WITH FP&L REGARDING THE OLD DE-ENERGIZING OF THE OVERHEAD LINES FOR THE SANITARY SEWER CONSTRUCTION. FP&L INDICATED THE WORK WOULD BE COMPLETED BY JUNE 11, 2004. THAT DATE HAS SINCE BEEN REVISED. FP&L HAS INDICATED THEY ANTICIPATE THIS WORK TO BE COMPLETED BY 05/21/04. AS SOON AS THIS WORK IS COMPLETED, BCI WILL PROCEED WITH THE SANITARY SEWER CONSTRUCTION. ** THIS WORK HAS NOT BEEN COMPLETED AS OF 5:00, THURSDAY, MAY 20TH. PERMIT/INSPECTION ISSUES NEW 061101 KHA TO PREPARE MASTER PERMIT LOG. ** KHA TO SUBMIT THIS LOG BY 05/26/04. OLD Prepared By: Burkhardt Construction, Inc. Exp~ifiOn ~ 5366 Dated: 5/24/2004 Pa~4 of 6 BURKHARDT CONSTRUCTION, INC. '1400 Alabama Avenue, #20 West Palm Beach, Florida 3340'1-7048 Tel: (56'1) 659-'1400 Fax: (561) 659-'1402 PROJECT TITLE: B.B. Promenade & Riverwalk LOCATION: BCI Field Office ITEM 021302 030000 DESCRIPTION OFFSITE UTILITIES (WATER MAIN) SCHEDULE FOR OLD PRE-WORK CONFERENCE W/FDOT & CITY UTILITIES. ** 05/04/04 - PROPOSAL SUBMITTED AND AWAITING CITY APPROVAL KHA HAS PROVIDED REVISED SHEETS 20.1 AND 20.2 DATED 04/15/04 TO REFLECT THE NEW ROUTE OF THE WATERMAIN ALONG US#1. ITEMS TO DISCUSS: TIMELINE OF CONSTRUCTION PRE-WORK SCHEDULING MOT CONSTRUCTABILITY DURATIONS SHUT DOWN COORDINATION KENNEDY FIRE CONNECTION MUST BE MAINTAINED DURING CONSTRUCTION ** BCI, DSE, KHA & JTR MET AFTER THE JOB MEETING TO DISCUSS THE OFF-SITE WATER MAIN. DSE EXPRESSED INTEREST TO JACK & BORE THIS WATERMAIN ACROSS US#1. KHA DISCUSSED THIS ITEM WITH CITY UTILITIES AND THEY INDICATED THEY WOULD BE OKAY WITH THE JACK & BORE METHOD, NOT DIRECTIONAL DRILLING. D/RECTIONAL DRILLING IS NOT CONSIDERED DUE TO THE SIZE OF PIPE AND SLEEVE FOR THE 12" DIP MAIN. DSE ALSO EXPRESSED CONCERN REGARDING A PROPOSAL OF COST FOR THIS WORK. DSE WOULD PREFER TO WAIT TO DISCUSS THIS WORK WITH BOTH THE DOT AND CITY UTLITIES TO DETERMINE WHAT THE REQUIREMENTS AND RESTRICTIONS OF THIS WORK WILL BE, IN ORDER TO ACCURATELY PROVIDE AN OPINION OF COST. SITEWORK CML ENGINEERING ISSUES OLD MEETING NOTES No. 0013N MEETING DATE: 5/20/2004 SUBJECT: B.B. Promenade and Riverwalk STATUS STARTED DUE BALL IN COURT Prepared By: Burkhardt Construction, Inc. Expedition ~ 5367 Dated: 5/24/2004 P~e3of6 8URKHARDT CONSTRUCTION, INC. 1400 Alabama Avenue, #20 West Palm Beach, Flodda 3340'1-7048 Tel: (56'i) 659-~400 Fax: (56~) 659-~402 PROJECT TITLE: B.B. Promenade & Riverwalk LOCATION: BCI Field Office ITEM 021301 DESCRIPTION SOUTH FLORIDA WATER MANAGEMENT DISTRICT OLD (SFWMD) - KHA, DOUG HUTCHINSON AND DALE SUGARMAN MET WITH SFWMD TO FURTHER DISCUSS PRESERVATION/MITIGATION. ACCORDING TO BILLY CARY WITH KHA, OVERALL THE MEETING APPEARS TO BE A SUCCESS. SFWMD WANTS TO REVIEW THE ITEMS PRESENTED IN THE LATEST MEETING AND WILL RESPOND BY FRIDAY, MAY 21, 2004. UPON RECEIPT OF SFWMD RESPONSE, KHA WILL FINALIZE THE MITIGATION PROPOSAL AND HOPES TO HAVE IT COMPLETED AND SUBMITTED TO SFWMD BY TUESDAY, MAY 25, 2004. SFWMD WILL HAVE 30 MORE DAYS TO REVIEW AND RESPOND. SFWMD STATED THAT ONCE THIS PLAN IS APPROVED, BOARD APPROVAL IS NOT NECESSARY. KHA ANTICIPATES PERMIT ISSUANCE WITHIN THE NEXT 60 DAYS. MEETING NOTES No. 0013N MEETING DATE: 5/20/2004 SUBJECT: B.B. Promenade and Riverwalk STATUS STARTED DUE BALL IN COURT Prepared By: Burkhardt Construction, Inc. Expedition ® 53~ Dated: 5/24/2004 Page 2 of 6 BURKHARDT CONSTRUCTION, INC. 1400 Alabama Avenue, #20 West Palm Beach, Florida 33401-7048 Tel: (561) 659-1400 Fax: (561) 65@-1402 PROJECT TITLE: B.B. Promenade & Riverwalk LOCATION: BCI Field Office MEETING NOTES No. 0013N MEETING DATE: 5/20/2004 SUBJECT: B.B. Promenade and Riverwalk Y BMH Beniamin Hoa. dley Burldaardt Constmctiom Inc. N BC ' Bill Carv Kimlev-Hom and Associates, Inc. N' B C Bnmo Carvalho Kimley-Hom and Associates, Inc. N CB Crai~ Brownin~ Kimley-Hom and Associates, Inc. Y DEH Dennis Haynes Burkhardt Construction, Inc. N DH Douglas Hutc.hinson Boyn.t. on Beach CRA Y JR Jonathan Ricketts Jonathan T. Ricketts, Inc. N LF Larry Finkelstein Boynton Beach CRA N MB Michael Beldowicz Kimlev-Horn and Associates, Inc. N MEK Michael Kiefer Kimlev-Horn and Associates, Inc. N RRB Russell Barnes Kimle¥-Hom and Associates, Inc. N TC Thomas Crawford Jonathan T. Ricketts, Inc. ITEM DESCRIPTION STATUS STARTED DUE BALL IN COURT 010000 REVIEW NEW 011301 OLD ITEMS: OLD 061101, 071201, 101202 020000 DESIGN/PERMITTING ISSUES NEW Prepared By: Burkhardt Construction, Inc. Expedition ® 5369 Dated: 5/24/2004 co ~ ~F~ o EEE E ' 0 .~.~ E~ 2 ° ~5372 Z VIII. Old Business Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and serv,~,ce~ThZ~re 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. IX. New Business Any person who decides to appeal any decision of the Commumty 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. 5375 The CRA shall furrfish appropriate auxiliary aids and servi,c, es.?here necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits ofa sermce, 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: Re: CRA Board Susan Vielhauer May 12, 2004 Consideration of Fagade Grant Application for Scullyburgers Scullyburgers, which is a locally owned restaurant by Kevin Scully a resident and property owner of Boynton Beach since 1987, is submitting a Fagade Grant request for $10,489. The property is located at 2005 S. Federal Highway. Scullyburgers is going to upgrade the exterior of the building by rebuilding the existing front deck, resurfacing the entire parking lot, and painting the exterior of the building. The projects will upgrade the restaurant, but will not increase the seating capacity of the restaurant. The proposed time line for the completion of this project is October 2004. This project is in compliance with all current codes. First, Mr. Scully received three quotes ranging from $9,600 to $17,500 for the front deck, which will remain the same size and rebuilding materials are included in your package. Mr. Scully has chosen Gene Maresca at a price of $9,600 to rebuild the deck. Second, Mr. Scully received three quotes ranging from $8,585 to $9,374 for the paving and striping of the parking lot. Mr. Scully has chosen M&M Asphalt Pavement Corp. at a price of $8,585. Finally, Mr. Scully received three quotes ranging from $2,500 to $3,660 for the painting of the exterior of the building and the paint chips are included in your packages. Mr. Scully has chosen Roe Stream Painting. 5376 This grant application complies with the rules and regulation of the Fa~:ade grant program. The exterior grant work is in support of substantial interior renovations and upgrades already completed. Staff is recommending the approval of the request for payment of $10,498 for Scullyburgers. The Budget line item for the Facade grants is $41,727. 5377 The Time Line for the project is October 2004. 5378 Fa(;ade Grant Request for Scullyburgers May 12, 2004 Staff: Susan Vielhauer 5379 200212003 FACADE IMPROVEMENTS GRANT PROGRAM APPLICATION FORM Boynton Beach Community Redevelopment Agency Maximum Grant Amount is $15,000.00 (Please PHnt Or Type Only - Use Additional Sheets If Necessary) APPLICANT INFROMATION Name of Property Owner: Address of Property Owner: Phone # Day: ~'-'~' [' 7_~b' ,~- ~ 0 -/ Zip Code: Evening: Legal owners and legal description of the property to be improved (please attach copy of warranty deed and/ease, if applicable): If Different from Property Owner Name of Business: 5(...~,' y ~-~ d'~ ~ Address of Business: p-OO ~- ~ ~¢~.~ / Phone ~ Pay: ~ ~ ~' d ~ ~'~ Evening: Type of Business: Years of Operation: Number of Employees: Zip Code: 3 3v3 - Annual Payroll: Number of Employees residing in Boynton Beach: __j~__ [ ~ 5380 Boynton Beach Community Redevelopment Agency Facade Grant Program Application PROGRAM GUIDELINES The following guidelines are intended to inform a potential grant applicant of the extent and scope of the program. The purpose of the program is to encourage commercial property owners to upgrade their properties by improving the external appearance of their business and to encourage businesses to invest in their operations. The result will halt deterioration, stabilize property values, improve and upgrade appearance of the area, and facilitate and encourage redevelopment activity in the target area. The following guidelines are applicable to this program: The program is available only for property located within the Community Revitalization Areas of the Boynton Beach Community Redevelopment Agency (CRA). Note: See attached Fa(~ade Grant Area Map. The program is for commercial properties and businesses. The property owner must be the applicant. However, if the property is currently leased to a tenant, then the Application and Agreement must be jointly executed by both the owner and the tenant. 3. Eligible exterior improvements for this program include: · Painting./' · Shutters. · Signage (located on the building or the property). · Awnings/canopies. · Doors/windows. · Landscaping around the building. · Irrigation. · Parking lot re-paving, re-sealing, re-striping. -// · Exterior Lighting. ;~' · Patio or decks connected to the building.''/ · Exterior wall repairs (e.g. stucco, brick or wood repairs and replacement). · ADA improvements. All work must be in compliance with applicable Boynton Beach Building Codes and all contractors must be licensed in Boynton Beach/Palm Beach County. If the Applicant(s), installs enhanced landscaping and or signage it must be in accordance with City Ordinance No. 98-43. Maximum Grant amounts: The CRA will provide, on a reimbursement basis, a dollar for dollar matching grant for eligible facade improvements up to a total of fifteen thousand dollars ($15,000.00) of CRA funds. 6. The Facade Grant program will honor expenditures completed up to 90 days prior to application, improvements underway and proposed Boynton Beach Community Redevelopment Agency Fac.,ade Grant Program improvements. The Fac,,ade Grant program may only be used one time in any three year period for any one property. Properties may re-apply for additional grants any time after three (3) years from previous grant approval. Project phasing of up to two years can be requested. Property owners may receive grants for multiple property locations. Applicants shall be limited to one grant per CRA budget year (October 1st to September 30th). 5382 Boynton Beach Corfimuhity Redevelopment Agency Fac.,ade Grant Program APPLICATION PROCESS An applicant seeking a project grant may secure an application from the Boynton Beach Community Redevelopment Agency (CRA) located at 639 E. Ocean Ave., Suite 107, Boynton Beach. 561-737-3256 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 insure that their submitted application is properly time stamped to document receipt by the CRA. Upon approval, appropriate grant program documents will be prepared in the CRA Attorney's office and the applicant will be notified of approval by return mail. The CRA will administer the commercial exterior facade program. In addition to the appropriate City inspections, the CRA will inspect the work to determine satisfactory completion of the work. Applicants may not have any outstanding City of Boynton Beach liens against their property. In the event that an Applicant has an outstanding City of Boynton Beach lien against the property, the grant will not be awarded until the complete satisfaction of the lien. Applicant shall obtain, read and understand all aspects of the Fac,,ade Grant Program Agreement, including Program and Reimbursement Regulations. Application to this Program is no guarantee of funding. Funding is at the sole discretion of the CRA Board. 5383 Boynton Beach Community Redevelopment Agency Fac.,ade Grant Program PROJECT INFORMATION Describe improvements to be done to the property. Attach the following items: · Project work write-up(s) describing in detail the scope of the project, · Plans or sketches if applicable, · Site plan and plant list for landscape projects, · Third-party cost estimates from three (3) licensed contractors, · Estimated time line, · Evidence of financial ability to pay for the project (approved loan, cash account, line of credit, etc.), · A minimum of four (4) 3" x 5" color "before" photos of the project which must include "public views", · Signage design with colors & materials proposed if applicable, · Project color chips / material samples if applicable, · And material specifications. Applicable documents must be attached for the Application to be processed. By signing this Application, I acknowledge that I have received and read a copy of the Program Agreement, and I understand and agree to comply with its content. Witness (Date) ~01~erty Own~''/-- - ~' (Date)' Witness (Property owner's signature mqst be notarized) /~i (Date) Tena-n~/l~sine',~s Owner ,~(Date)I ! / CRA Director (Date) 5384 Boynton Beach Community Redevelopment Agency Fac.,ade Grant Program STATE OF FLORIDA, COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared ~,o, ~J,~ ~"~.gl [1~ , who is 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__~. My Commission Expires: ~~ 17 ~)--L-,~57 5385 Boynton Beach CommUnity Redevelopment Agency Facade Grant Program CRA Area I in. = 1.00 miles 5386  2002/2003 FA(j;ADE IMPROVEMENTS GRANT PROGRAM PROGRAM AGREEMENT Boynton Beach Community Redevelopment Agency PROGRAM REGULATIONS The Applicant agrees not to alter, renovate, or demolish the new fa(;ade for three years, commencing at the time final inspection by the CRA is completed. If violated by the applicant, the CRA may choose to require grant fund repayment, enforced by property lien. The CRA will consider approval of grants for exterior improvements to a building which does not face a recognized street. The exterior rear of a building facing an alley way will also be considered. A minimum of three (3) inspections by the CRA are required. Those minimum CRA inspections are (1) before starting work, (2) during work and (3) final inspection. More inspections may be required by the CRA. It is the sole responsibility of the Applicant to schedule inspections with the CRA and City. These inspections in no way are substitutes for required City inspections and compliances. The property owner, or tenant if applicable, must complete the fac,,ade 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 far_,,,ade improvements in a timely manner will result in the property owner, or tenant if applicable, losing the grant reimbursement opportunity. The Board may consider time extensions. REIMBURSEMENT REGULATIONS This program is designed as a reimbursement grant. That is, all work must be done and paid for by the Applicant, prior to the CRA's funds being released. The CRA will provide reimbursement to the grantee upon submittal of a complete Reimbursement Request and approval of completion by the CRA Board. Reimbursement Request shall be summarized in a report and accompanied by proper documentation. Proper documentation will consist of (1) Project 5387 Boynton Beach Comm~unit~ Redevelopment Agency Fagade Grant Program Agreement accounting including invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked "paid" with a "release of lien" signed by each. Proposals for "work to be completed" or "bids" are not considered proper documentation. Each item will be supported by a canceled check showing the face of the check, as well as the back of the canceled check, (2) the Applicant shall warrant that all bills related to the Project are paid in full including, but not limited to, all contractors, subcontracts, labor, materials, related fees and permits, and (3) the Application for re-imbursement 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 Reimbursement Request from the Applicant shall be submitted no later than the 15th of the month for consideration by the CRA Board at its next month's meeting. Reimbursement shall 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. Witness Grantees shall grant the CRA and/or the City of Boynton Beach the rights and use of photos and project application materials. (Date) Te~'n'~u~i~ess'O~;ne~' '"' ~l~ate) Witness CRA Director (Date) 5388 Boynton Beach Commu'nity'Redevelopment Agency Facr.,ade Grant Program Agreement PROJECT WORK WRITE UP 5389 SCULLYBURGERS 2005 SOUTH FEDERAL HIGHWAY BOYNTON BEACH, FL 33435 561-733-4782 FACADE IMPROVEMENTS GRANT PROGRAM INTRODUCTION: Scullyburgers is a restaurant owned by me, Kevin Scully. I have been a resident and property owner of East Boynton Beach since 1987. In September of 2002, I purchased the building and business located at 2005 S. Federal Highway, formally "Pep's Seagrill". The building and property were in complete disaray and the business was totally failed. There was virtually nothing of any equipment value. The prior owners kept no accurate books, and paid their three employees in cash, offthe books. Since then, I have slowly repaired the kitchen and interior of the building. I have built a profitable business with sales through. ApriL 2004 of $170,000.00. I employ 14-15 full time employees and have a payroll through April, 2004 of $46,710.00 not including tips. All sales are reported and all appropriate taxes are paid. I carry full insurance and workers compensation. I am planning for a health insurance program by this time next year. However all the profits and earning of the business as of this point in time are pumped back into the business. I am now planning three exterior projects for this summer. They are: 1) Rebuild the exsisting front deck(exact size and shape). 2) Resurface the entire parking lot with l&l/4 inch asphalt, including painting the strips and new curb stops. 3) Paint the exterior of the building (colors of the ocean). Estimated costs: Front deck $9600.00 Parking lot 8585.00 Building Paint 2700.00 TOTAL $20885.00 The projects are repair in nature and will not change or increase the seating capacity or square footage of the restaurant. The parking lot will be in compliace with current codes including the handicap code. All projects will be completed by October of 2004. Please review my application for the Facade Grant Program, With your help, this will make Scullyburgers a tree local source of pride for residents of the East Side of Boynton and help everyone's property values. ~;ha~k S/~cY°~~ May 10, 2004 5390 PLANS AND / OR SKETCHES 5391 g. ./ 5394 WARRANTY DEED AND LEGAL DESCRIPTION 5395 ?r~pared by and return to: (;eorge W. Mathews, Ill 3 ia ~hews & Jakabcin .',nile 104 1325 S. Congress Avenue l~oynton Beach, FL 33426 i.;ie Number: 02-133 ~'~ll Call No.: ,~'::l~tee S.S. No. Identification No. 08-43-45-33-02-000-0010 _[Space Alcove This Line For Recording Data] Warranty Deed (STATUTORY FORM - SECTION 61t9.02, F.S.) 1' his Indenture made ~is 3rd day of September, 2002 between Emil Livlanich and Marion Llvlanieb, husband and ~ :fe, whose post office address is 3601 So. Ocean Blvd., Unit #107, Palm Bench, FL 33480 of the County of Palm Beach, ~;~,itc of Florida, grantor*, and Kevin D. Scuily and Joann Seully, husband and wife, whose post office address is 941 Br~okdale Drive, Boyntnn Bench, FL 3343~ of the County of Palm Beach, Suite of Florida, grantee*, ~,~,'itnesseth that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($I0.00) and other ~__',~d and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, · ;,~,:~te, lying and being in Palm Beach County, Florida, to-wit: Lots 1 and 2, HAPPY LANE, according to the Plat thereof, as recorded in Plat Book 21, Page 33, of the Public Records of Palm Beach County, Florida. .. :,.l .,aid grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons * "Grantor" and 'Grantee" am u~d for singular or plural, as context requires. 5396 OoubleTIme~ In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: Witness Name: ~/~'~/~. ~ ~ Witness Name: ~ ~ C~ (Seal) Mar/ca L/vlanich~'' State of Florida County of Palm Beach The foregoing instrument was acknowledged before me this 3rd day of September, 2002 by Emil Livlanich, by Marica Livlanich his Attorney-in-pact and Marica Livlanich, who [_] are personally known or [X] have produced a driver's license [Notary Seal] . Printed Name: My Commission Expires: 5397 H/arranty Deed (%tatutory Form) -Pagc 2 OoubleTImee THREE WRITTEN ESTIMATES 5398 SCULLYBURGERS 2005 SOUTH FEDERAL HIGHWAY BOYNTON BEACH, FL 33435 561-733-4782 CONTRACTORS: PARKING LOT: M & M ASPHALT PAVEMENT MAIN. CORP. BUILDING PAINT: ROESTREAM PAINTING DECK REPAIR: GENE MARESCA ALL CONTRACTORS ARE LICENSED FOR WORK IN BOYNTON BEACH. 5399 Gene Maresca 7B Crossings Circle Boynton beach, F1.33435 561-364-4980 Date of plans: Architect: Remodeling Proposal Submitted to: Of (company): Good until: nd: We hereby submit specifications and estimates for: DECKING M~TERUU. AiqO REPLACE wrm TREX 2X6 SADDLE COLOR. POUR CONCRETE RAMP ON SOUTH SIDE OF FRONT WALKVirAY. TREX MATERIAL FASTENERS / COMPOSITE-DECKING SCREWS LABOR FOR DECK WORK INCLUDING HAULING RAMP MATER[AL ~¢ ~ORM WORK LA~OR $3098.59 $ 306.00 $ 1500.00 $ 3!55.60 SUB TOTAL 5260.19 ESTIMATE FOR ANY STRUCTIAL REPAIRS TO DECK JOISTS OR THE REPLACEMENT OF ANY SUPPORTING MEMBERS. $ 2733.00 ~TE TO REPAIR DECK RAILING $ 1606.8 I OTAL $ 9600.00 Payments to be made as follows: Contractor's signature: Acceptance of proposal - The above price, specifications and conditions are satisfactory and are hereby accepted. You are author/zed to do the work as specified. Payment will be made as shown above. Owner's signature: Date: 5400 Customer Name: Job Address: City: Agent: DALE B. BAILEY, INC. Building Contractor FLORIDA STATE CERTIFIED BUILDING CONTRACTOR 052122 2802 SW 6TH STREET. BOYNTON BEACH. FL 33435 Phone [561} 732-1 213 Fax [561} 732-5Z27 Scully Burger 2005 South Federal Highway Boynton Beach, FL 33435 Kevin Scuily Job # Estimate # 5378db Date: 04-22-2004 Phone: 733-4782 Cell # 386-4654 SERVICES not specifically listed are not included. Proposal is submitted for acceptance within 30 days. WE PROPOSE TO FURNISH THE NECESSARY LABOR, MATER/ALS, AND EQUIPMENT TO PROVIDE SERVICES LISTED AT THE ABOVE ADDRESS. REMOVE AND REPLACE EXISTING 15' X 33' WOOD DECK ON FRONT OF BUILDING. 1. Provide plans and permits required by City of Boynton Beach. ( Owner to Provide Survey ) 2. Remove and haul away existing railing, decking, and sub structure. 3. Ex/sting foundation pads will be reused. No new pads are included. 4. Install new # 2 pressure treated sub structure for decking surface. 5. Install new # 2 pressure treated sub structure for approximately 56 LF of benches around perimeter of deck. 6. Install new Ct 1 pressure treated sub structure for railings around entire per/meter of deck including 1 3' wide stair entry on South side. 7. Construct a 4' wide bus station in center of deck on East side with 2 - 18" deep shelves and solid backing on railing. 8. Install 2 X 6 "Tropical Decking" over surface of deck area, face seat and back of benches, top cap of railing, and stair surface. "Tropical Decking" is a wax injected # 1 pressure treated deck board with a manufacturer's 50 year warranty. 9. Bench and railing design to be as shown on drawing below. 10. Protect surrounding areas as needed during construction. 11. Clean job site and remove related debris daily. 12. Dale B. Bailey, Inc. Provides a 5 year Labor and Material Warranty for this Type of Project. PRICE: $17,550.00 Jerrold Construction Company, Inc. dba Peak Performance Co. Wellington, FL 33414 Phone: 561-792-8050 Cell: 561-255-5460 May 3, 2004 PROPOSAL for Scully Burgers US 1 Boynton Beach, Florida All construction options listed below to include: · Demolition and removal' of old deck; new deck size to be 33' x 17'. · New footings and tie downs. · All new PT framing 16" o.c. · 4'- 5' wide service area. OPTIONS 1: lA. 5/4 PT decking with standard railings and standard deck patterns, i.e. straight mn. lB. Same as A with herring bone pattern decking. lC. Same as A with wrap-around benches. 1D. Same as B with wrap-around benches. $ 7,200.00 7,70O. OO 7,900.00 8,400.00 OPTIONS 2: 2A. Same as lA except for 5/4 Trex instead of PT decking. 2B. Same as lB ditto 2C. Same as lC ditto 2D. Same as ID ditto $ 9,700.00 10,200.00 10,900.00 11,400.00 Prices do not include permitting costs. Jerrold L. Gonsalves M & M ASPHALT PAVEMENT MAINT. CORP 601 EAST COAST DR., N LANTANA, FL 33462 (561) 588-0949 FAX (561) 588-2140 PROPOSAL Wednesday, March 31, 2004 ATTN: KEVIN SCULLEY SCULLEY'S 941 BROOKDALE DR BOYNTON BEACH FL 33435 PHONE: 733 4782 PHONE/FAX: 736 2407 JOB LOCATION: 2005 S FEDERAL HWY AFTER EVALUATION OF YOUR NEEDS WE PROPOSE TO SUPPLY LABOR & MATERIAL TO: -ASPHALT PAVEMENT OVERLAY INSTALLATION UP TO 10,749 S.F. CLEAN AREA OF FOREIGN DEBRIS PRIOR TO APPLICATION REPAIR DAMAGED AREAS, AS NECESSARY LEVEL TO MINIMIZE STANDING WATER. APPLY EMULSIFIED ASPHALT TAC COAT SUPPLY AVG 1 ¼" TYPE S-III HOT PLANT MIX ASPHALT -PAVEMENT MARKINGS WITH LATEX TRAFFIC PAINT MEETING F-D.O.T. SPECS RE-STRIPE PARKING LOT TO EXISTING FORMAT PRICE: $7,110.00 -REPAIR ASPHALT DAMAGE -SAW CUT AND REMOVE 3 ROOT DAMAGED AREAS REPAIR BASE AS NECESSARY UP TO 152 S.F. CLEAN AREA PRIOR TO APPLICATION APPLY EMULSIFIED ASPHALT TAC COAT SUPPLY TYPE S-I~ HOT PLANT MIX ASPHALT TO MATCH EXISTING. PRICE: $475.00 ONE YEAR WARRANTY ON LABOR AND MATERIALS SAW CUT REMOVAL OF ASPHALT COVERS UP TO 2" PEBBLING/RAVELING IS NORMAL DURING THE CURE PROCESS TERMS 50% TO START, BALANCE UPON COMPLETION DOES NOT INCLUDE PERMITS, TESTS, OR SPECIFIC REQUIREMENTS ENGINEERING, SURVEY AND LAYOUT BY OTHERS DATE ACCEPTANCE 5401 CARR DRIVEWAYS, INC. 612 Industrial Avenue BOYNTON BEACH, FLORIDA 33426 (561) 734-3717 (Leave Message) (561) 734-1916 (Fax) Page No. PROPOSAL SUBMITTED TO PHONE J DATE MR. KEVIN SCULLY CELL 386-4654 ~ 3-29-04 STREET JOB NAME 941 BROOKDALE ROAD SAME CITY, STATE AND ZIP CODE BOYNTON BEACH~FL. 33435 DATE OF PLANS ARCHITECT of JOB LOCATION 20d5 S. FEDERAL RES. 736-2407 JOB PHONE Pages We RESURFACE CAR STOPS SAND AND DEBRIS hereby submit specifications and estimates for: BUILD UP SWALE AREAS AND INCLUDING RESTRIPING AND SPECIFICATIONS: BUILD UP SWALE AREAS BRUSHING OFF AND REMOVAL OF TACK COAT OF ASPHALTIC OIL SURFACE WITH 1~-" HOT PLANT MIX ASPHALT COMPACTED BY 3-5 TON STEEL ROLLER TO GIVE A NEW 1" ASPHALT SURFACE $8.990.00 NOTEY TO OBTAIN CITY PERMIT-PLOT PLAN OR SURVEY MUST BE SUBMITTED TO CARR DRIVEWAYS PLEASE SIGN WHITE COPY OF PROPOSAL AND PERMIT WHERE INDICATED PERMIT FEES AND TESTING FEES CARR DRIVEWAYS CANNOT GUARANTEE OR BE RESPONSIBLE FOR ARE NOT INCLUDED IN THIS PROPOSAL ROCK BASE WORK CONSTRUCTED BY OTHERS: Power steering and fast starts will damage asphalt. We cannot be held responsible after completion of this project. Grass and weeds will grow through asphalt, the control of these is the responsibility of the owner of the property. [lip Iropose hereby to furnish material and labor -- complete in accordance with above specifications, for the sum of: EIGHT THOUSAND NINE HUNDRED NINETY PLUS PERMIT FEE 8,990.00 + dollars ($ ). Payment to be made as follows: IN FULL UpON COMPLETION All material is guaranteed to be as specified. Ali work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifica- tions involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workmen's Compensation Insurance. Note: This proisO~l may be withdrawn by us if not done within ]~ f) R T Y - F T V R (. A 5 ) Arreptanre [roposa!-Theabove prices, specifica~io,,-.~402 and conditions are satisfactory and are hereby accepted. You are authorized Signature to do thework as specified. Payment will be made as outlined above, Date of Acceptance: Signature 2004-$16 March 31, 2004 Page J of 2 ASPHALT CONSTRUCTION of Palm Beach, Inc. 2461 Port West Blvd. West Palm Beach, Florida 33407 Phone (561) 863-6837 Fax (561) 845-6917 TO Kevin Scully 941 Brookdale Dr. Boynton Beach, FI., 33435 Office Phone (56t)733-4782 Fax Phone (561) 736-2407 Mob Phone (561) 386-4654 Project Name: Location: Scully Burgers Boynton Beach WE PROPOSE TO FURNISH ALL LABOR, MATERIAL AND EQUIPMENT TO PERFORM THE FOLLOWING: · Item Quantit~ . unit PHce MISC. ITEMS · Mobilization 1 Is $1,200.00 Site Preparation 1 Is $150.00 Traffic Control 1 Is $100.00 SUB - TOTAL: ONSlTE PAVING ITEMS 1 "Type S-3 Asphalt 1181 sy $5.75 Asphalt- Leveling 3 tn $50.00 Patch 200 sf $1.50 SUB - TOTAL: STRIPING & SIGNAGE Car Stalls -DL- (paint) Wheelstops (single face) Handicap Symbol (paint) Stop Bar (paint) 28 ea $5.60 24 ea $16.80 2 ea $56.00 1 ea $11.20 SUB - TOTAL: $1,200.00 $150.00 $100.00 $1,450.00 $6,790.75 $150.00 $300.00 $7,240.75 $156.80 $403.20 $112.00 $11.20 $683.2O Total Bid: $9,373.95 TERMS: Unless otherwise indicated in writing, this quotation expires in thirty days from the date of quota if not accepted in writing before that time. At the sole option of Asphalt Construction of Palm Beach, Inc.(hereinafter Asphalt Construction), this quotation may be extended for additional pedods of time. BJlling by Asphalt Construction on the 25th to be paid by the 10th of the following month. If an agent and / or attorney is employed by Asphalt Construction for collection of any delinquent payment, Customer agrees to pay in addition to the service charge ail fees for the service of such agent and/or attorney (including but not limited to all fees and costs incidental to any appeals) together with all costs, charges and expenses, regardless of whether or not suit be brought, This quotation and agreement shall be governed by the laws of the State of Florida without regard to principles of conflicts of laws Venue of all proceedings shall be in Palm Beach County, Florida and Customer waives whatever rights it may have in the selection of venue and hereby consents to jurisdiction. ACCEPTED BY: ASPHALT CONSTRUCTION 'r~TLE .TE ~Peciai Pro¥i$i,one Attached*' . = ' Don Raaen - President March 31, 2004 Proposal based on plans prepared by: Titled under the name of: Original Published Date of: Sheet Numbers: Revisions as listed on plans: No Plans Available - Site Visit THIS PROPOSAL EXCLUDES THE FOLLOWING ITEMS: Permits, Engineering, Field Staking, Bonds, Certified As-Builts and Testing. Clearing and Grubbing Excavation or disposal of hardpan, rock, muck or any unsuitable materials Removal of any matedal deemed hazardous or dangerous. Hauling of trash or debris to an offsite location, outside of the normal clearing operation. Soil testing (except failures). Protection, relocating, adjusting or supporting any utilities. Items not specifically listed on this proposal. Tree relocation, soil stedlant, tdmming or landscaping. Page 2 of 2 NOTES: Prices quoted are based on completing all items in a continuous operation. Should a portion be deleted or suspended prices quoted are subject to revision. A reasonable re-mobilization charge will be added. Grass & weeds will grow through asphalt, it is the owners responsibility to care for this. Final quanities to be determined by field measurement. Prices for asphalt are firm for thirty days and may be subject to escalation. (see attachment no. 1) 54O4 I oeStream Painting 707-8318 SCULLEY BU~OERS KEVIN SCULLEY Znvoice Date ]~nvoice # 05 09 04 §643 Pressure cleaning OF THE BUILD];N~ Painting of the exterior building Using benjamin moores paint and materials Painting a Iow lustre on the walls and a semi gloss on the trim The building will have two coats of paint All windows will be taped off prior to painting All cracks and holes will be repaired Lights will be taken down and painted Painting of the interior ceilings Twenty seven hundred 2700.00 5405 .Blue Ocean Pain ting -Master Painters- Cellulae: FacMmHe: s5 .565. 187 Emaih BlueOceanPaLut~aol. com April 22, 2004 Telephone: 561.733.4782 or 561.$86.4654 Hondo: 561.736.2407 2005 S. Federal Highway B%vnton Betroth, Florida Tae Blue Ocean Painting; Company will provide all necessary labor and materials in order to properly prepare and paint the exterior of $cully l~'gers ~t~at the above address in the following maxmer: 1. Properly pressure clean entire exterior to remove dirt and debris: Walls, flashing, fa,s~ia, soffits, trash d:ampster, and sidewalk. 2. ' Repair minor cracks, holes and other minor damage to stucco walls. Elasmmeric repair corapour~ds will be used. $. Caulk and patch wood fascia board joints, as well as wood to stucco joincry. Caulk perimeter of doors and windows where caulking is missing or damaged. 35 year acrylic caulking shall be used. 4. latch holes in wails where ail neon signs will be removed k, front of building. 5. Apply I coat of sealer to all exterior walls. 6. Apply 1 coat of primer to existing blue trim. Apply two (2) coats finish paint to ali exterior -aralls, fascia, soffits, and utility boxes. Color scheme: Light ~tue body; greet, trim. 7. Sand, clean and apply 2 coats of finish paint to six (6) existing white light fixtures. Lights will not be removed since it involves electrical connections. Roof (pressure cleaning and painting) We. od deck (being rep/aced) Painting of wood fence Three (3) exterior samples are included in this. proposal. If additional samples are.requested, there will be a $25. charge for each sample. Premium quality 35 year acrylic ca, liking will be used. Provide appropriate grotection for all win~ows and frames, ilxmres as well a,s 54O5 Premium quality Sherwin Williams paint~, prirner~ and enamels will be used throughout entire project. 50% deposit is requested at the commencement of the job. Balance due at completion of job. One final walk-through will be performed at the completion of the job with the Touch up paints will be left with owner. This [x'oposal is valid for thirty (30.) days, unless accepted. Ext~or Painting. Total cost of labor and materials:. $I~660. OFrION 1. Interior Ceiling Painting_ (Dining Area only} Properly protect all fixtures, furniture, alarm boxes and all other property prior to painting. Apply 2 coats of white, finish paint to ceiling fil¢.~, frames and vents. Total mount, inclurllng labor and materials: $945. Thank you. Respectfully submitted, Shawn M. Zenga Blue Ocean Painting ACCIIPTANCE OF PROFO:IAL: (Fl~ initial bottom of first page) Start dale requested: Jul5- 2004 Please fax this signed propo~ (lx~th _m~es_ ) back lo 954-5654187. 5406 4260 N.W. 1 st Ave. Suite 50 Boca Raton, FL 33431 PROFESSIONAL PAINTING, INC, For afl your painting needs!fi License # U19440 -Insured Office: (561) 395-160; Fax: (561) 391-254~ E-Mail: firstppl @bellsouth.ne' www.firstchoicepropainti orr PROPOSAL SUBMITTED TO: ADDRESS: -"~ TELEPHONE ~'~- q "~ ~ E-Mail: CELL: FAX: WORK TO BE PERFORMED AT: ADDRESS DATE We hereby propose to furnish the materials and perform the labor necessary for the completion of: · -- I - i ' , All material is guaranteed to be as specified, and the above work to be performed in accordance with the specifications submitted for above and completed in a substantial workmanlike manner for the sum of Dollars ($ ~, .~ ~-('¢~ ) with payments to be made as follows Any alteration or deviation from above specifications will become an extra charge over and above the estimate. All agreements contingent upon accidents, or other delays beyond our control. Note - This proposal may be withdrawn by us if not accepted within days. ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to c' the work as specified. Payments will be made as outlined above. Customer'i ~ .5407 Date Representative: COLOR PHOTOGRAPHS 5408 r~A~T ~AILY 7Aid 'If. Before Picture of Building Before Picture of Deck ~ ~ 'i1~'~"6'."~ , .~ ,/]'..~ Before Picture of Deck Before Picture of Parking Lot 5410 TIME LINE 541I The Time Line for the project is October 2004. 5412 ABILITY TO PAY 5413 MEMO TO: CRA Board FROM: Douglas Hutchinson SUBJECT: Consideration of The Urban Group's Relocation Services DATE: June, 1,2004 To date for Phase I of the MLK Acquisitions, the CRA Board has approved a TUG contract for Real Estate Acquisition Services for $134,746.65, Initial Appraisal Contract for $36,500, a Needs Assessment Survey & Cost Estimate of $9,631.94, and Appraiser Review Services Contract for $20,100. The CRA next needs to consider the remaining relocation fees for The Urban Group to proceed. The amount is $221,321.99 for the remaining relocation services from The Urban Group. The breakdown is attached. Additionally, the Needs Assessment Survey has been completed, which estimates the costs for relocation for each property. The CRA needs to consider approving this estimate so that these elements can be part of the purchase offers. These are estimated costs. The actual costs will be based on verified data and negotiations with each of the property owners, therefore the estimates are at a "worst case" basis. A summary section from the Needs Assessment Survey is included as backup. A full copy of the Needs Assessment Survey is located in the office. These two elements need to be approved to clear the way for the next steps for acquisition, which are offers and contracts to be presented to the property owners and then to the CRA board for approval. The Urban Group is requesting approval to move forward with the relocation services for Phase I of the Heart of Boynton. 5416 Page 1 of 1 Hutchinson, Douglas From: Howard Steinholz [hsteinholz@theurbangroup.com] Sent: Tuesday, June 01, 2004 2:25 PM To: 'HutchinsonD@ci.boynton-beach.fl. us' Subject: Heart of Boynton Beach-Relocation Needs Assessment Survey Doug, The Needs Assessment Survey (NAS) has been completed. Four bound copies and one unbound copy will be delivered today to your office. The NAS and cost relocation cost estimate is a planning document, and is likely to be updated as information given to TUG staff is vedfied, and as housing comparable change and move off the market. Please include the report on next week's CRA Board agenda. If the NAS is accepted, our next task would be relocation advisory service. The CRA Board authorized only work to complete the NAS. Under the URA policies, property owner relocation cost benefits should be presented at the same time an offer to pumhase is made. The Board recovered the scope and task associated with the work, but tabled action on that portion of the work until the NAS was done. If you deem it appropriate, please but the relocation services on the agenda as well. I am attaching a scope of work, which outlines relocation activities. Please contact me to discuss it further. Call me on my cell phone since I will be out of my office. Sincerely Yours, Howard W. Steinholz The Urban Group, Inc. Tel: (954) 522-6226, Ext. 112 Fax: (954) 522-6422 e-mail: hstei,nbolz@thedrDangroup.com "PROVIDING Q_UALI~ ,',,ND ACCOUNTABILITY IN PUBLIC SECTOR REAL ESTATE SERVICES FOR 20 YEARS". 6/1/2004 5417 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 $9,450.00 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 24 72 26 130 $1,074.72 $2,162.16 $5,917.68 $1,109.42 $10,263.98 9 $92,375.82 Hourly Rate Sign/Pereonal Property Administrator $1 34.34 Senior Agent $90.09 Agent $82.19 Secretarial/Clerical $42.67 Fee for Sign/Personal Property Displacement X Number of Hours 10 37 14 65 Total $537.36 $900.90 $3,041.03 $597.38 $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 10 35 12 61 = $537.36 $900.90 $2,876.65 $512.04 $4,826.95 Relocation Services Needs Assessment 10 $48,269.50 $221,321.99 $9,631.94 $230,953.93 residences businesses signs landlords 54.1~ 5069 RELOCATI'ON SCOPE OF SERVZCES cTrY OF BOYNTON BEACH COMMUNITY 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 Policies 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. Hpnauement 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 Tnformation 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 5419 l '5070 Relocation Scope 03/04-1 Bm Pr~luction, Service, pnd TechnicaI-R~lated T~lsks 1. 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 Pro~ect Status Report- This report is updated on an on-going basis. It is used to coordinate acquisition, relocation and property management activities, providing a framework for scheduling and quality control. Needs Assessment Survey Reoort- 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 m 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. 54~0 ~:- 5~071 Relocation Scope 03/04-1 The following tasks are performed: Appraisal report review Delivery of Notice of Eligibility and General ]Information Brochure to each displaced person or business Explanation of relocation benefits available on a case-by-case basis a. Hove costs b. Reestablishment and search expense reimbursement for businesses c. Purchase additive and inddental expenses for residential owners d. Rent supplement and down-payment supplement for residential tenants Explanation of advisory services available Maintenance of records files 5. Delivery of gO-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 pdor to delivery of 90-day letter. Replacement Housinq Payment Calculation and Delivery, Hove 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: 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 b) 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 residential displacee along with the 90-day Letter of Assurance. 3 5421 Relocation Scope 03/04-1 c) Move A complete and concise explanation of all applicable benefits and requirements 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 multiple 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 property, 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 5422 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 5423 Relocation Scope 03/04-1 5075 5424 Summary of Needs Assessment Survey Completed by The Urban Group ~.5425 City of Boynton Beach Community Redevelopment Agency Relocation Needs Assessment Survey - Heart of Boynton May 28, 2004 Section 5: COST ESTIMATE Based on the information obtained in the survey, a preliminary cost estimate has been prepared. The cost estimate excludes vacant land since there are no relocation costs associated with vacant land. Costs will change during the course of acquisition and relocation. Relocation payments are determined by the actual, reasonable and necessary expenses incurred in moving and obtaining a replacement site. Information gathered in the survey must be vedfied: reported rent must be substantiated by rent receipts, reported income must be verified by pay stubs or income tax reports. Comparable housing must be inspected to determine if it meets the Uniform Act requirements of decent, safe and sanitary. In the area of incidental expenses, actual closing costs will vary from the 3% figure used in the estimate. Every homeowner may not choose to hire a home inspector and actual fees will vary from the estimated fees. Actual costs may not be determined until a relocation claim is prepared. Exact business move costs cannot be determined until inventories are performed and move cost estimates are obtained from professional movers. Exact business reestablishment expenses cannot be determined until a replacement site has been chosen and reestablishment work commences. In preparing the preliminary estimate, it was assumed that every business would use the entire $10,000 of available reestablishment benefits and the entire $1,000 of available search expense reimbursement benefits. The appraiser determines which business fixtures are considered part of the real estate and which are eligible for relocation consideration. Landlord businesses rarely have personal property expenses. However, they are eligible for reestablishment and search expense reimbursement. For the purposes of this estimate, it is assumed that every landlord business will use the maximum amount of money available, that is, $10,000 for reestablishment expenses reimbursement and $1,000 for search expense reimbursement. Table 7 - Relocation Cost Estimate indicates estimated expenses for residential tenants, residential owners, landlord businesses, commercial businesses and non-profit organizations. g ro u p i. c,, Es,^ 5426 City of Boynton Beach Community Redevelopment Agency Relocation Needs Assessment Survey - Heart of Boynton May 28, 2004 Table 7: Cost Estimate (Residential) 1171001t 3 bedroom, s/f $1,100 n/a $1,250 $150 42 $6,300 5 $1,150 119.001t 3 bedroom, s/f $1,100 n/a $1,250 $150 42 $6,300 5 $1,150 120.001t 2 bedroom $800 n/a $975 $175 42 $7,350 4 $1,000 124.001t 2 bedroom $825 n/a $975 $150 42 $6,300 4 $1,000 124.002t 3 bedroom $835 $682 $1,000 $318 42 $13,356 4 $1,000 125.003t 1 bedroom $480 $562 $600 $120 42 $5,040 2 $650 125.002t 1 bedroom $480 $150 $600 $450 42 $18,900 2 $650 129.001t 3 bedroom, s/f $950 $900 $1,250 $350 42 $14,700 5 $1,150 Subtotal $78 246 122.001o 3 bedroom $135,000 $150,000 130.001o 2 bedroom $95,000 $120,000 $15,000 $25,OOO $7,750 $15,000 7 $1,450 $25,000 7 $1,450 122.001o $4,500 $150 $150 130.001o $3,600 $150 $150 Subtotal $4,800 $3,9OO $8,700 Subtotal $50,000 All residential relocation costs: $2,900 $147,596 g rou p, inc, · ~A~ EST.~E CO~SULT.~.~TS 5427 36 City of Boynton Beach Community Redevelopment Agency Relocation Needs Assessment Survey - Heart of Boynton May 28, 2004 Table 7: Cost Estimate (Business) 10 $1,000 $10,000 $0 $0 n/a $110,000 These businesses own fixtures and equipment such as freezers, chillers, refrigerators, fryers, ovens, etc. that must be disconnected and reconnected by electricians, plumbers, or refrigeration specialists. Professional services may be required to plan the lay-out of the equipment. 3 $1,000 $10,000 $15,000 n/a $78,000 These businesses own fixtures and equipment such as freezers, chillers, refrigerators, sinks, etc. that must be disconnected and reconnected by electricians, plumbers, or refrigeration specialists. Professional services may be required to plan the lay-out of the equipment. 3 $1,000 $10,000 $10,000 n/a $63,000 1 $1,000 $10,000 $2,000 n/a $13,000 ; 1 $1,000 $10,000 $2,000 n/a $13,000 These non-profit organizations may select a fixed payment based on average annual gross revenue less administrative expenses. 3 $0 $0 $0 $15,000 $45,000 Total business relocation costs: $322,000 Total Residential relocation costs: $147,596 Grand total $469,596 Jtuhr an group, i.c. · CONSULTANTS 5428 37 City of Boynton Beach Community Redevelopment Agency Relocation Needs Assessment Survey - Heart of Boynton May 28, 2004 Section 6: CONCLUSIONS and RECOMMENDATIONS The Needs Assessment Survey provides a synopsis of potential relocation needs on the project. It contains an inventory of individual needs, which includes the characteristics, and needs of individuals and families to be displaced based' upon the standard of comparable replacement. At the time of this report, all but two of the 31 displacees were contacted and surveyed. Relocation agents will contact the remaining two displaces in order to calculate Replacement Housing Payments (RHP). All surveys are updated as necessary throughout the course of the project At the time an offer to purchase is made to residential owner-occupants, the RHP is also presented. The RHP is presented to residential tenant as soon as practical, usually within 14 days. The list of available comparable housing must be frequently updated because the comparables must be available at the time of presentation of the RHP. Market forces cause changes in the number of suitable properties and their values. Upward trends in today's real estate market will effect replacement housing costs. Of the total relocation cost, 31.43% is attributable to residential relocation. Of the total relocation cost, 68.57% is attributable to business relocation expenses. Upward trends in the commercial real estate market may effect the ability of a commercial enterprise to remain in business. Reestablishment reimbursement, which covers the cost of increased rent, is fixed at $10,000. However, based on the expected number of households and businesses effected, it appears that a timely and orderly relocation can be accomplished according to the provisions of the Uniform Act. There are a sufficient number of replacement dwellings and business sites to meet the needs of displacees. Recommendations for Local Options A number of possible actions over and above the requirements of the Uniform Act have been discussed with CRA members, local residents and local business owners. The CRA has expressed its desire to help many of the residents and businesses remain in the Heart of Boynton. Some actions that may further this goal are as follows: Phasing' Develop the north side of Martin Luther King Jr. Boulevard first, allowing businesses to remain in their same location until new buildings are erected which displaced businesses can rent or purchase from the developer After acquisition by the CRA, leaseback existing space during the period of reconstruction to businesses that desire to relocate to the redeveloped area group, REAL ESTATE CONSUrLTAN'TS 5429 City of Boynton Beach Community Redevelopment Agency Relocation Needs Assessment Survey - Heart of Boynton May 28, 2004 · Leaseback existing space to businesses that have no interest in relocating to the redeveloped area in order to allow the business owner sufficient time to search for a replacement site · Provide temporary quarters during the period of reconstruction to businesses that desire to relocate to the redeveloped area ,, Allow an existing owner-operated business to retain its real estate and redevelop it according to the architectural and business uses of the new project · Trade an existing building for a new building · Buy out a business · Provide affordable rental space to displaced businesses in the redeveloped area · Pay two move costs for residents - one to move into a temporary dwelling and the second to move back into the redeveloped area · Provide workforce affordable housing in the redeveloped area Participation in the Redevelopment The following is a list of those effected businesses and residents who expressed a desire to participate in the redevelopment of the Head of Boynton: Churches: Parcel 103.001o, Triumph the Church Kingdom of God, Parcel 116.001o, Jesus House of Worship and Parcel 106.001t, Deliverance by Faith, have had some discussions with representatives of the CRA and the City of Boynton Beach. Their relocation plans include building a new church within the redevelopment area. Businesses: Parcel 110.001o, Johnny and Betty Roberts have expressed a desire to retain ownership of their corner lot and redevelop the lot themselves in accordance with the architecture and business use guidelines of the redevelopment. Parcel 114.001t, La Chiquita Market- the business owner has stated that he would like to remain in the same area, on the same .street, in order to retain his established clientele. Parcel 114.002t, Bray-Poole Bail Bondsman has expressed an interest in renting a space in the redeveloped area and expressed concern at keeping affordable rent for existing businesses. g roi~p~ inc,I REAL ESTATE CONSULTANTS ~-' ~:5430 39 r ? City of Boynton Beach Community Redevelopment Agency Relocation Needs Assessment Survey - Heart of Boynton May 28, 2004 Parcel 114.003t, Robinson's BBQ has expressed interest in moving back to the redeveloped area, but is concerned at how he can keep his existing clientele during the period of construction. Landlord businesses: The property owners of parcel 114, 117, 119, and 129 have expressed an interest in purchasing either commercial or residential property in the redevelopment area. Residents: Parcel 130.001o, Mr. and Mrs. Adams, are long-term residents of their single-family house and expressed concern about having to move. tuhr ban group, REAL ESTATE CONSULTANTS 5431 MEMORANDUM TO: From: Date: RE: The CRA Board Members Quintus Greene, Development Director June 2, 2004 Proposed Property Acquisition - 129 N.E 9th Ave. The property at 129 N.E. 9th Ave., and the adjacent lot, are among the 30 parcels identified for acquisition as part of Phase I of the Heart of Boynton Project. The owner of the property has indicated, for personal reasons, a desire for an expedited acquisition of her property. The Urban Group has completed the appraisals on the property and is prepared to make an offer based on the appraised value. Should this offer, and the attendant conditions, be accepted by the property owner, the CRA Board will be asked to approve the offer at its meeting on June 8, 2004 and authorize the purchase of the property. Page 5431 A X. Commission Action Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidencajlt[3~ 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 opporttmity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. Xl. Board Member Comments 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 evid~c2~3upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and servieeswehere necessary to afford an individual with a disabihty an equal oppormmty to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. XlI. Legal Any person who decides to appeal any decision of the Community 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. 5434 The CRA shall furnish appropriate auxiliary aids and servi~es'wvhere necessary to afford an/ndividual 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 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 ~g~Je~idence upon which the appeal is to be based. The CRA shall furnish appropriate auxihary aids and servi~es 9vhere 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 Hutckinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. x v. Future Agenda Items A. CRA Workshop on the Boynton Beach Boulevard Corridor Study (June 17th). B. CRA Workshop on Comp Plan Amendment (June 17th). C. Budget Workshop (June/July). D. City/CRA Workshop (July). E. Annual Report (July). F. Consideration of Contact for Police Pilot Program in the CRA Boundaries (July). 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 proceed/ngs 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. 5436 The CRA shall furnish appropriate auxiliary aids and services~where necessary to afford an individual with a disability an equal oppommity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. xv. Adjournment. Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, ~vhich record includes the testimony and evidence upon which the appeal is to be based. 5437 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. MEMO TO: CRA Board FROM: Douglas Hutchinson SUBJECT: Consideration of Offer to Purchase Real Property at 129 NE 9th Avenue, Boynton Beach DATE: June 14, 2003 On June 6, 2004, the Urban Group made an offer of $135,000 to Ms. Kelly, who is a willing seller and has waived her rights to receive relocation benefits. Ms. Kelly has countered the initial offer of $135,000 (based on the appraisal) with a price of $148,500. Staff is recommending that the CRA remain at the original appraised value of $135,000. Jun-07-04 11:10 P.02~ June 7, 2004 Mr. Douglas Hutchinson Director, Boynton Beach Community Redevelopment Agency 639 East Ocean Avenue, Suite 107 Boynton Beach, Florida 33435 RE: Juanita Kelly Offer to Purchase Real Property 129 NE 9th Avenue, Boynton Beach Dear Mr. Hutchinson: On June 6, 2004, Barbara Matlack, Acquisition Agent for The Urban Group, made an offer for the above property. TUG made an effort to meet with the property owner, Juanita Kelly, over the weekend because she was returning to New Jersey, and she received a notice of foreclosure. The offer was for $135,000. Ms. Kelly is a willing seller and waived her rights to receive relocation benefits. Ms. Kelly countered our offer with a price of $148,500. which is 10% above the appraised price. Please present the contract to the CRA Board. Staff from will attend the meeting. I am attaching a copy of the signed contract and copies of the notices signed by Ms Kelly. The original contract will be hand delivered to you at the CRA Board meeting, June 8, 2004. Barbara Matlack is the agent assigned to handle negotiations. Her telephone number is (954) 522-6226, ext. 116. Please contact me for further discussions at (954) 522- 6226, ext. 112. Sincerely, THE URBAN GROUP, INC. Attachments Dale Sugerman, Assr, City Manager Barbara Matlack, The Urban Group, Inc. TIle Urban Group, I,le. - ]4.'z.4 Sou~h A~ldrcws Avc. n,,= · Suite 200, For[ ].audcrdalc, Fh)rid- 33310 TELEPHONE 954-322-622¢i · FAX 954-522-¢~422 Jun-07-04 11:10 P.03 June 6, 2004 BOYNT;01~I BEACH. OFFER OF .lUST COMPENSATZON _~uanita Kelley 129 NE 9m Avenue Boynton beach, FL 33435 Dear Ns. Kelley, The purpose of this letter is to make you an offer of just compensation for your property located at :[29 NE 9!~; Avenue,.. Boynton. Beach, FI.o...r. ida 3343_5-_. Mr. D. Craig Keneipp, Certified General Appraiser, on behalf of the Boynton Beach Community Redevelopment Agency, has established the amount of just compensation for your property at .$135,000. This amount is based on the fair market value established by an appraisal and approved by a review appraiser. The Boynton Beach Community Redevelopment Ageno/proposes to purchase your property for the established fair market value stated above. Attached you will find a Summary Statement of Basis for the Determination of .lust Compensation. If you have any questions about this matter, please do not hesitate to call me at (954) 522- 6226, ext. :[1,6 or our toll free number (888) 522-6226, ext. l.L6. I look forward to hearing from you soon. Sincerely, Accompanying Attachments · Establishment of Just; Compensation · THE URBAN GROUP, INC. Agent's for Boynton 5each CRA Barbara Natlack Senior Realty Specialist Summary Statement of Offer of Just Compensation Real Estate Agency Disclosure BoyN~oN BEACH COHMUN:~TY REDEVELOPMENT AGENCY Jun-07-04 11:11 P.04 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY AGRl~EMENT I;OR pI~RCHA~E AND ,qAI,E OF RF~,~L PROP. ER.I~ This Agrcement For Purchase and Sale of R~I Property (hereinaflcr the "Agreement"), is made anti enlcrcd into as of the r6th day of .. ___2one ,2004, by and between BOYNfON BEACH COMMLINITY REDEVELOPMENT AGENCY (hereinafter reft:fred to as "Buyer") and ... lamfita I(ellcy.~ ~ (h~rcinafter referred as "Scllcr"). In consideration of the mutual agreements set forth below, thc partics agree m~ Ibllows: 1.0 D_efinitian.q, The Ibllowing tcrms when used in this Agreemcnt shall have the following meanings: l.l Ruyer. BOYIVTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body coq~orate and public, created pursuant to Chapter 163 or the Florida Statutes. 1.2 /tayer:s Agent. THE URBAN GROUP, INC., a Florida Corporation authorized to negotiate this Agreement and make deposits tm behalf of the Buyer 1.3 CIo.qing. The delivery &the Dceds to Buyer concurrently with thc delivery of thc Purchase Price to Scller. 1.4 Clo~ing l)a~. Thc date of the Closing as determined in accordance with Paragraph 10 below. 1.5 Deed. One (1) Statutory General Warranty Deed which shall convey lbo Property fi'om Seller to Buyer. 1.6 Efli3z. ti.~c. Date. The date that this Agreement ]s executed by thc last party sign Jr, pony for purposes of this svctlon °hly are Seller and Buyer's Agent. 1.7 (/ovcr, memal Authority. Any fedcral, state, county, municipal or other governmental department, entity, author/fy, conunission, board, bureau, court, agency or any instrumentality of any of thcm which has jurisdiction over thc Property. 1.8 G. overnmenta( Requimmant. Any law, enactment, stat:ute, code, ordinance, rule, regmlation, judgment, decree, walt, injunction, franchise, pemfit, certificate, license, author/zation, agreement, or other direction or requirement of any Govemm~mlal Authority now existing or hemal'ret enacted, adopted, pmmulgaled, entered, or issued applicable to the ?ropeny, or to ~my appm~enances, struclurc, use or facility, on or ad. jaccnt to, the Property. 1.9 Property. That certain real property located in the City of Boynton Bcacb, Palm lteacb County, Florida. and more particularly described as parcel on Exhibit "A" attached hereto and made a part hereof, together with all improvements, property rights, e~uments, privileges and appktrtcnances thereto. Jun-07-04 11:11 privileges and appm'lcnances thcreu~. 1.] 0 P~,~c. Price. The price the Buyer shall pay thc Seller lbr the Proper/y as more Iblly set forth in Paragraph 3 beiow. 1.11 Sailer. For purposes of this Agreement, the Seller of'thc Property. 1.12 Title_CnmmitmeuI. A title insurance commitm~t issued by or written on thc Title Company, agreeing to issue the Title Policy to Buyer upon payment el' the Purchase Price and recording of the Deed and execution and recording (if applicable) el'other closing documents. 1.13 Title C. ompatty. Thc title insurance company, licensed and authorized to conduct business in the State of Fk~rida as selected by Buyer. 1.14 Title Policy. An ALTA Form B Owner's Title Insurance Policy in the amount of the I'urchase Price, insuring Buyer's title to the Property, subject only to the Permitted Exceptions. 2,0 Depo_qJt and Right to 2. ] For good and valuable consideration of thc deposit set lbrth below paid by }tuycr to Seller, St:lief hereby grants to Buyer and Buyer hereby accepts from Seller the right to purchase ,'md acquire thc Property t'rmn Seller on the tcrms and conditions hereinafter set forth such that thc payment of'thc Purchase Price shall be as set forth itt Section 3.0. Buyer shall place a non- re£undablc deposit of ........ _~D. ne,_Thousancl ... Dollars ($ _.. 1,00o_00 ) with Buyer's Agent who shall tendt,T said amount to Seller on the date this Agreement is effective. This deposit and any deposit held pursuant to Sectkm 2.3 shall be subtractcd fi'om lhe total purchase price. 2.2 ltuyer shall bc obligated to give Seller notice within __. 45 days of the Effective Datc, that [tuyer has elected to close in accordance with this Agreement. Whereupon, Seller shall bc obligated to provide to Buyer all prior title policies and surveys in its possession pertaitfing to the subject real property. 2.3 Upon exercise of the right to close, Buyer shall place a second deposit of _. T. vmL0).mz~m~ ......... Dollars ($_ 2,(100.00 ) with Buyer's Agent. 2.4 If Buyer does not exercise this right to close within the pc~od stated above in Paragraph 2.1, this right of fl~e [tuyer shall automatically a~d immcdiately terminate without notice and the parties shall automatically be released from further liability herem~der. In the event Buyer fails to exercise this right, Seller shall retain the deposit sum paid as stated in Section 2.1 as the sole and exclusive remedy lbr failure of Buyer to close. 3.0 Purchase Pric~. The Iotal Purchase Price for thc Property to be pumhascd by the BOYNTON BEACH' COMMUNITY REDEVELOPMENT AGENCY, From the Sellc-r, is the sum of. -44nerh'tlamtrald:~l,~yz.F--ive-Thrmss~.- . DOLLARS (-$+~_ .q7000:0~). The purchase shall be contingent upon the folk)wi,ng. . ~un-07-04 11:11 P.06 3.1 B-ycr's receipt of an appraisal for the Property reflecting that the property has a fair market value equal to or exceeding thc purchasc price unless purchase is otherwise approved by thc CRA Board. or before .. 3.2 Approval ofth¢ Agreement and right to closc by the Buyer, CRA Board, on July. 15 ,2004. 3.3 Thc Buyer's obligation to close on the Property is conlingent on Buyer acquiring the parcel for thc sum total pt' ~irl3t=:Eht~__~r~l--I;)t,,llars , 3.4 Buy~'s obligation to consummate the transaction referenced herein is contingent on the Seller conveying the real property i?cc ~d clear of all liens, leases, claims mad interest o f third parties. 4.0 l'nsp, cc. tiam. Buyer shall have until the "closing date", to make any inspcctions it de,ms necessary. (the "Inspection Period"). l)uring tile Inspection Period, Buyer may dctcmfine that the Propc~y has adequatc services available and that all Federal, State, County and Iocal laws, rules and regulations have bccn and are currently being complied with relative to the Property. A&m2cment is contingent upon Buyer, at its sole et)st and expense, obtaining and accepting a satislhctory 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 compit:tc the asbestos survey. In the event that the Phasc I Env{mnmcntal Audit reveals the existcnce or the potential existence of' contamination, haxanlous conditions, hazardous waste or other adverse conditions as defined by applicable Fcdcral and State Statutes, Rules and Regulations, then Buyer shall havc thc right of obtaining a Phase I1 Audit of thc property. In the event that any inspections and any review of documcnts conductcd by the Buyer relative to thc Property during the pcriod prior lo thc Closing Date prove unsatisfactory in any Fashion, the Buyer, at its solc discretion, shall be entitled to terminate this Agreement by providing Written notice to Seller and receive an immediate re['und of any dcposJts made pursuant to Paragraph 2,3 only plus interest paid hereto or procecd to closing as set forth. 5.0 Evid~rme of Title_ 5,1 Delive~ of Title f;nmnfifmcat. Within twenty (20) calendar days of the Buyer's BBCRA Board approval of thc right m purchase, Iluycr shall obtain a Title Commitment, at Buyer's cost, and shall deliver a copy pt'the Title Corrmiitment to Seller's attorney within three (3) days of receipt el'thc title cmamfitment. 5.2 Marketable. Seller shall convey marketable title to tile Propcrty, subject to the Permitted Exccptions. Marketable Title shall bc detem~ined according to tile Title Standards adopted by authority of ]'he Florida liar and in accordance with law. Buyer shall have lc~} (10) days ~)m thc date of receiving thc Title Commitment to examine sarnc. Iftitte is tbund defective, Buyer shall within tcn (10) days of receiving the title commitment notil? Seller in writing Jun-07-04 11:12 P.07 of aa~y specific title defects, If' Seller has not received written notice lmm Buyer of a title defect, Buyer shall waive any title objections, m'~d accept the title in its existing condition. Thc Buyer's notice or thc title defects shall include a statement of how the defects should be cured, if said defects render title anmarketable (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 ~Lfl0().aO or initiate litigation in order to cure or correct any noticed title defect; and if Seller is unsaccessful in removing such defects within said time, Buyer shall have the option of either accepting thc title in its existing condition without a reduction of the Purchase Price, or of terminating tiffs Agreement by sending written notice of t~.'rmination to Seller within ten (10) days aker being notified by Seller that Selhn' was unsueeessft,I 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 therelbre, and subject lo the limitations stated above. 6.0 S,rve3:. Prior to the Closing Date, Buyer may obtain at its expensc a survey (thc "Su~ey") of the I'mpcrty showing all improvcments thereon prepared by a land surveyor or engineer registered and licensed in thc State orFlorida. Tho Survey shall show the legal description of the Property to be thc 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 Se]let being required to convey any lands or rights other than thosc described to be within the Properly 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 .qellelaa. Rcpm,senl.a~m, Seller hereby represents and warrants to Buyer as of thc Effective Date and as of tho Closing Date as follows: 7.1 ~s_.Anthorily. Scller has Icgal right m~d ability lo sell the Property pursu.',nt 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 temps. 7.2 Na lc.gal Bar. Thc execution by Seller of this Agrcemen! and the consummation by Seller of the transaction I~ereby contemplated does not, and on thc Closing Date will not, result in a breach ol; or default under, any indenture, agreement, lease, instrument, pending guardianship, obligation or thc agreement of limited partnership, limited partnership certificate or related instruments affecting the Seller, to which Seller is a party and which affects all or m~y portion of the Propcrty, or to Seller's knowledge, constitutes a violation of any Governmmatal Requirement. 7.3 No Dcfault. Seller is not in default under any indenture, mortgage, deed of/mst, loan agreement, Jease or other agreement to which Seller is a party and which affects any portion orthe Property. Jun-07-04 11:12 P.08 7.4 TiOc. Seller is the owner of marketable title to thc Property, fmc and clear of all liem, encumbrances and restrictions of any kind, except thc Permitted Exceptions and encumbrances of records which will by paid at Closing. 7.5 L' 'ottiga~n. 'there are no actions, suits, proceedings or investigations pending or, to the knowledge of Seller, tin'earthed against Seller or the Property affecfil~g any portion of the Property. 7.6 Eartie.q in Pos~e.qzion. There are no pm'tics other than Sell~ in possession of any portion of thc Property as a lessee with thc exception of_Sam_ Kelley.; lc g'.ltr2l~on Kelley, tenmat at sufferance, or trespasser, hereinabove set forth in coxmection with the current use of thc Property. Seller may allow use by others dumag term of this Agreement, ~e41m,pen'y-dnalLbe- x, azant ;:t ~ffm,,~of clcging.- Sel-~da~l..l~ obligated..to-i~i-a~ej-4~,se Ttrcstmtty.in~Teetr.as of.- flte--daI~.~_3~--~Sme-:.nem-"Amh'-bv"ttfftmmted-by-tnoviding--la~ig-nodce_-m -the-t~nants-ar~ 7.7 Buyer's Remeclie.~ fi)r Seller'.q Misrepmsr, ntations, In the event that Buyer becomes aware prior to Closing that any of Seller's wan-antics or represcntafio;~s set forth in this Agreement arc not true arty thne prior to Closing, and in thc event Seller is unable to render any such representation or warranty true and CO,TOOt as of the Closing Date, Buyer may either: (a) terminate this Agreement by written notice thereor to Seller, in which event the parties will be relieved of' all further obligatio~s hereunder; or (b) elect to close under this Agreement notwithstanding the failure of such xx:presentation and warranty, in which event the Closing shall be deemed a waiver by Buyer ortho lhilure of such representation and warranty. 8.0 R]:yer'sReprcacgZatio~s. The Buycr hereby represents and warrants to the Seller as of thc Closing Date that .13uyer has full and complete authority subject to laws applicable to Buyer, to purchase the Property and to comply with the tcrms of this Agreement, and the execulion and delivery of this Agreement by Buyer and the consunmaation by Buyer of the transaction hereby contemplated arc within Buyer's capacity and all requisite action has been taken to make this Agreement valid and binding on Buyer in accordance w/th its terms. 9.0 f;ondifions Prccedem to (:losing. Each of thc following events or occurrences (the "Conditions Precedent") shall be a Condition Prcccden{ to Buyer's obligation to close this t~,Jasaction. If thc Conditions Precedent have not been satisfied on or before the Closing Date, Seller shall have ten (10) days within which to satisfy lhc unsatisfactory condition and should Seller not have done so wilhin said 1 O-day perk~l, Buyer shall have the fight to either (a) terminate tiffs 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 R~rcqentadons. The material representations and warranties made by Set[er in this Agreement shall be true and correct on the Closing Date subject to thc 10-day extension provided in Paragraph 9 above. Jun-07-04 I1:12 9.2 gellcr's ¢)hligatinns. Seller hall have perlbrmed 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. 9.3 -'P,,c - Pr", ,ff,~--ty ah~t-'t~'-free-- and- ek'ar--of--arry- l~r~ma~-l:~ants,-personal. ~anykind-or-roial~d'al~u,~,,,~,,~ <,,, tim 9.4 Seller shall make available (at Scller's office or Seller's attorney's office) to Buyer no laicr than twenty (20) days following the Effective Date of this Agreement, copies of ail documents whic.b Seller may have in its possession perlahfing to the Property including, but not [imited to, bailding plans, architectural plans, building permits, impact fee assessments, notices of special assessments, notices o f sewer fees and water fees, unrecorded restrictive covenants, variance applications/approvals, special exception apptication/approvals, engineer/rig plans, unrecorded developer abn'eements, environmental reports, surveys and prior title insurance policies, rifle commitments, and title exceplions pertaining thereto. 9.5 Seller has no actual lomwledge nor has it received any written notice that there has been any dischargu 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, sat~:ty and property, including, but not limited to, all of those material.,,, wastes and substances designated as hazardous or toxk; by the U. S. Envirottmental Protection Agency, the U. S. Department of Labor, the U.S. Department of Transportation, or any other state or local governmental agency now or hereal'mr authorized to regulate materials and substances in th~ environment (collectively "Governmental Authority(les)"). Seller acknowkxtges that Buyer must rely on its Environmental reports ,and ~,-ssessments as Seller is not aware of Property's environmental condition other titan as stated above. 9.6 Seller shall continue to possess thc property-thgil-closing and shall maintain the same in its present condition, reasonable w~ar from ordinary use excepted. Risk of loss from fire?,ea.,malty, ~0r other liabilities not caused by the Buyer's gross negligence or intentional acks, shall be SelJer's~~_~eller shall maintain adequate inmrance against loss, including extended coverage, during such period, l£fl~e property is damaged by lire or other ca.malty to closing, Iluyer shall hav~ the fight to take the property "as is" together with insurance proceeds, if any, or receive a reduction in rite purchase price of the property in an amount equal to thc loss. The parties shall a~ee to the reduction, il' any, but if the parties cannot agree upon the amount of loss, an independent appraiser/adjuster shall be selected whose detcrmimtion shah be binding. The cost of the appraiser/adjuster shall be borne equally by thc parties hereto. 10.0 C_2osing, The Closing shall occur at a mutually agreed time on or before thirty (30) days from the date ~his Agreement is approved by the CRA Board m~d shall take place at amutually agreed upon location. Jun-07-04 11:13 P.IO 11.0 Seller's Claain~ l')neument.~. At closing, Seller shall deliver the following documents (."Seller's (:losing I)ocaments") to Buyer: 11.1 .G~n,.','.~l W,,,-ranty D.a~. The Statutory General Warranty Deed shall bc duly executed and acl~owledged by Seller so as to etmvey to Buyer good and marketable fee simple title to the Property free anti clear or all liens, encumbrances and other conditions of tide, other than thc Permitted Exceptions and exceptions not duly objected to by Buyer. 11.2 Mgchanie's Lien Affidavit. A mechanic's lien affidavit in the customary roma, attesting that (a) no individual, entity or Governmental Authority has any claim against the Property under the applicable mechmfic's lien law, (b) no individual, entil7 or (;overnmental Authority is either in possession of the Prop~xty or has a promissory interest or claim in the Property (except Bayer), and (c) no improverncnts to the Property have been made for which payment has not becn made. 11.3 Gap Affidavit. An affidavit in form and content reasonably satisfactory to the Title Cmnpany 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. 1].4 F]RPTA. A FIR.PTA Non-Foreign Entity Transferor Certificate or Exemption Ccaificate or document evidencing withholdings, in accordance with Section 1445 of the Internal Revenue Code. 11.5 DRy219. ADR-219Fonnasrequircdforrecording. 12.0 Bu.y.~'s Clc,.~in_,g Doc~. At closing, documents (Buyer's Closing Documents) to Seller; Buyer shall deliver thc following 12.1 Approval. Written documentation of Buyer's authority to pumhasc thc property. 13.0 C{o.,fing pmeeclur~,. The Closing shall procccd in the following manner: 13. I Xr. ana~af r:m~ds. Buyer shall pay thc Purchase Price to the Seller by transfer of funds to thc account designated by Seller. 13,2 Dcli~.,n3_af_Domm~ents. Seller shall deliver Scllcr's Closing Documents to thc Buyer. 4.0 t":ln.~jng C_asts,_~x.cs,_P_mr~tion.~ and Impaq. 14.1 ,a2_Xal. urem_Iaxes. Seller shall comply with Scction 196.295, Florida Statutes, with respect to the payment or prorated ad valorem taxes for fl~e year of closing into escrow w/th the Palm Beach County Revenue Colleclor. Jun-07-04 11:13 P-11 14.2 ~ellc':r'.~ CIo~ing_C. os~s. Seller shall pay for the following items prior to or at thc time of Closing: //~'--~>j/ , C.~,ost of providing marketable title as provided herein; t'f z/~'l:~ ~"documentary stamps on thc Warranty Deed. thc time ol-C4osing: \ ~~--'~-C~t~t Real Estate 'raxcs "- ~agcs, Liens, and othcr claims against property 15.0 P_oisessian. Buyer shall bc grantc'd full posscssion ol'the Property at Closing. 16.0 Cande, mvatinn. In the event of thc institution of any proceedings by any Govcrtm~ental Authority which shall relate to the proposed taking of any portion of the Property by eminent domain prior m Closing, or in the cvcnt of thc taking or any portion of the Property by eminent domain prior ~o Closing, Seller shall promptly notify Buyer and Buyer shall thereafter within fifteen (15) days aRcr receipt by Buyer of the notice fi'om Seller either (1) terminate this Agreement, whereupon Seller and Buyer shall be releascd 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 w/thin live (5) business days after Seller's receipt of notification. Should Buyer tem'finate this Agreement, thc parties hereto shall be released from their respective obligations and liabilities l~ereunder. Should Buyer elect not to terminate, the part/es hereto shall proceed to Closing and Seller shall assign all o£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 wlfich certified mail is signed or refused, by the addressee or its authorized agent or employee, or if by I'acsimile transfer, by confirmation of tra~srnission. Either party may change the address for notice to that party by delivering written notice of such change in the manner pro¥ided above, such change to be effective not sooner than ten (10) days after thc date ofnofice of change, lfeithcr party relics upon a hand delivery as described herein, then the party using this medium shall maintain appropriate receipt of delivery, in thc normal course of business. Jun-07-04 11:13 P.12 AGENT FOR BUYER: THE URBAN GROL'rP, INC. 1424 S. Andrews Avenue, Suite 200 Fort Lauderdale, Florida 33316 As authorizcd agent for the BBCRA SELLER: Juanita Kelley 129 NE 9t~ Avenue Boynton Beach, Florida 33435 18.0 De£'mll l f thc Buyer shall fail or refuse to consummate the transaction in accontancc with thc terms and provisions of this agreement, all deposits and interest shall be forfeited to Seller as agreed upon liquidat~l damages. In thc event of such default by Buyer, Seller's sole and entire remedy shall be restricted to retention of the &,'posit plus all ,accrued interest, if any, and Buyer shall have no other responsibility or liability of any kind to Seller by virlac of such default. In the event of a default by Seller, thc Buyer shall have ali rotaries available to it which shall include the return of the earnest money and accrued interest as liquidated damages and/or equitable relief' such as specific performance. The Buyer should be entitlccl to equitable relief to enforce the tcm~s and conditions o1' this abn'eemcnt cJlher through a decree for specific performance or injunctive relieL 19.0 Misr, e~ne-oas, 19.1 C_,am~tcrpart.q. '['his Agreement may be exccutccl in any number of counterparts, any one and all of which shall constitute thc contract o/' thc parties. Thc paragraph headings heroin contained arc Ibr the purposes of idm~tification only and shall not be considered in construing this Agreement. 19.2 Amendn'mnt, No modification or mnendment of this Agree~ncnt shall be of any lbrce or effect unless in writing executed by botl~ Seller and Buyer. 19.3 Auomey.¢ l;ee.~. If any party obtains a judgment against any other party by mason of breach of this Agreemem, attorneys' fees and costs shall be included in such judgment. 19,4 Goy~ming22,xt_and _V_e, nm:. This Agrecmcnt shall be interpreted in accordance with the la;vs of thc State of Florida, both substandv¢ and remedial and venue shall bo in Pahn Beach County, Florida. 19.5 Knfire. Agreemenl. This Agreement set fi~rth thc emir¢ agrecmem bctwccn Seller and Buyer relating to the Property and all subject matter herein and supersedes all prior contemporaneous ncgotiations, understandings and agreements, wr/ttcn or oral, bctwcen the parties. 19.6 Compntatinn_~)fDate. a. If'any date computed in the manm,'r herein set forth falls o~ a legal holiday or non-business day or non-banking day, then such (late shall be extended to thc first business (lay following said legal holiday or non-business day or non-banking day. ~ 9 11:14 P.13 19.7 tqn R~or,ting. This Agreement or any notice or memora~dum hereof may not be recorded in the public records o£any county in the State of Florida. 19.8 ~. Sellerand lluyer 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 tiffs Agreement, and the other party shall not be required to pay any eonnnission 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 thc Florida Statutes and law, each indenmify mad hold each other harmless from and against any and all losses, costs, dan~agcs, liabilities vmd expenses (including without limitation, reasonable altomeys' and paralegal l~es) resulting from a breach by the indemnifying party of the foregoing representation. 19.9 Acceptance of Deed. Thc acceptance of the Deed by Buyer shall be deemed full per£om'mnce and discharge of every agreement and obligation on the part of Seller to be performed pursuant to this Agreement, cxec'pt those wlfieh arc specifically stated to survive delivery of the Deeds and closing. 1 9.10 Intcq~retati.oJ]. Should any tcnn or provision of this Agreement be subject to judicial interpretation, it is agreed by Seller and Buyt,"r that the court interpreting or construing the same shall not apply a presumption that the term or provision shall be more strictly construed against thc party who itself or throagh its agents and attorneys of' each party have participated in the preparation of the terms and provisinns of this Agreement and that all terms m~d provisions have been negotiated. 19. I l (:a?inn_~. ! leading~' Etc. Captions, headings, section and subsection numbcrs in tiffs Agreement are for convenience and reference only, mtd shall have no effect upon the meaning of any of thc terms or provision herein. 19.12 ~.ai,~c:'r. Failure of cither party to insist upon compliance with any term or provision hereof shall not constitute a waiver thereof, and no waiver of any tem~ or provision of this Agreement shall bc ef~tjve unless it is in writing and signed by the party against whom it is asserted. Any waivcr of any term or provision of this Agreement shall only be at~plicable to the specific term or provision and instance to which it is related, and shall not be deemed to be a ~ontinuing or future waiver as to such tcnn or provision or as to any other term or provision. 19.13 No Third Party. }leneficiary. Thc terms and provisions oflhis Agreement arc for the exclusive bcnclit of Seller ,and 13uyer, and not for the benefit of m~y third party, and this Agreement shall not bc decreed to have conferred any fights, express or implied, upon any third party. 19.14 RAIDf)NI GA,q: Radon is a naturally occurring radioactive gas that, when it has accmnulatcd in a building in sufficient quantities, may present hmlth risks to persons who arc exposed to it over time. Levels of radon that exccocl federal and state guidelines bare been found in buildings in Florida. Additional information regarding radon and radon testing may bc obtained fi'om your county health unit. Jun-07-04 11:14 P.14 IN WITNESS WIIEREOF, file parties have cxccutcd this Agrecmcnt as of thc date indicated below. '- ...... -'/? ~7~ ~-~ (Print BUYER: THE UR.BAN GROUP, I_NC. as agent for BBCRA WITNESSES: (/~rint Name) (Print Name) WITNESSES: (Print Name) (Print Name) BUYER: APPROVED BY CRA BOARD By: Chair Date Executed: \XJ(~(?I)E Fe4\LI[IR A RYx. 1998\98(~65'~AGM'I~uf cha~eAndSal~Re, a[lhx~g-do¢ Jun-07-04 11:14 P.IB EXHIBIT "A" ,EGA~. DEgC. RI~TIDN Palm Beach Coumry Club Estatcs, Lot 8, Block 4, according to the plat therexff, as recorded in the Official Record Book 11267, at page 1265 of the Public Records of Palm Beach County, Florida, Situate, lying arid being in Palm Beach County, Florida. Jun-07-04 11:15 P.16 .luna 6, 2004 Juanita 129 NE gm Avenue Boyn~n E~h, Florida 33435 Dear Ms. Kelley: I)O~4TO~ BEACH" SUMMARY STATEMENT OF OFFER OF .lUST COMPENSATION PRO3ECT NAME: HEART OF 8OYNTON PARCEL NO.: 122 As you arc probably aware, the Doynton 8each C'.ommunib/Redevelopment Agency (CRA) is in the process of acquiring private property for thc above referenced project. A determination has been made that either a part or ail of your property will be needed. A search oF the Public Records of Palm Beach County has been made and it was determined that property, as described in the legal descdp~n attached in "Exhibit A" is owned by you. The interest being acquired in your property is a Fee Simple In addition, the following list will identify the buildings, structures, fixtures, and other which are considered to be part of the real property acquired, if any: Improved 3 bedroom, 2 bath Single Family Residence The CRA does not normally acquire personal property such as furniture and furnishings, clothing, and other similar items of personal effects or small unattached appliances in conjunction with redcveloprnent projects. However, if circumstances arc such that this becomes necessary, the following list will ide~)tiry those lb=ms of personal property being acquired. You are further advirz~--,d tha~ the Agency's offer of just compensation for ~he property required for the Heart of Boynton project is based on the Fair Market Value of the property and that thc CRA's offer Co you is not less than the approved appraised value oft. he property. The following represents a summary of the Boynton Beach CRA's offer to you and the basis Lherefore: Land & ImprovernenLs $ 135,00.0.00 Real Estate Damages $ $ __. N/A l oral $ $ 135,000.00 This statement ofofli:r is not a contract it'you agree to accept this offer, you will bo required to sign a contract to sell. Any additional intbrmation you may require can bc obtained through thc CRA's Representative that contacted you. If thc representative is not readily available, please contact: The Urban Group, I~.,1424 ~uth AQdre~s Avenue. Suite 200. go~ Loud, fda.Ia, flmida 33316 (BOO) ~22~2~.~,.~ ~t6 or O Sin~rely, THE UR~N GROUP~ ZNC. Age,s for ~yn~n ~ach C~ Jun-07-04 11:1~ P.17 BOYNTON BEACH NOT.tCE TO OW'HER .lune 6, ZOO4 .luanita Kelley 129 N.E. gm Avenue Boynton Beach, Flodda 33435 RE: 129 N.E. 9m Avenue, Boynton Beach, Florida 33435 Dear Property Owner and Other Interested Parties: The purpose of this letter is to inform you that the Boynton Beach Community Redevelopment Agency, herein known as the Agency, is interested in acquiring your property located .a~t. 129 N.E, 9u~ Avenue,..Boynton Beach, Florida .3_3..4._3. 5 The Agency has identified the area in which your property is located as a "project" area in which the following improvements may be carded out: Heart of Boynton Community Redevelopment Plan Because Federal financial assistance is involved, you are pro~ected by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended. For your information and review, ! have enclosed a copy of a brochure entitled, "When a Public Agency Acquires Your Property." The Agency wishes to disclose to you the following: The acquisition would be considered an involuntary acquisiUon due to I:he fact that the Agency has the power of eminent domain and can acquire your property by condemnation, In most cases, an appraisal and review appraisal are required to established what is just compensation (fair market value) of a property. You, or someone you designate to represent you, will be offered the opportunity to accompany the appraiser during the inspections of your property. BOYNTON BEACH COMMUN]:TY REDEVELOPMENT AGENCY Jun-07-04 11:15 P.18 NOTZCE TO OWNER 3une6,2004 Page 2 of 2 If your property is tenant-occupied, each tenant should be encouraged to not move. Each lawful tenant determined to be eligible as a displaced person will be assisted if' the property is acquired. A representative of our Agency will contact each tenant to determine their eligibility for assistance under the URA. The Agency wishes to caution you that any tenant who moves into the property identified herein for possible acquisition alter the initiation of' negotiations, may not be entitled to displaced person assistance from the Agency. In the event you wish to provide housing to a tenant after this date, and you personally wish to pay for such assistance, please contact the Agency before you allow the tenant to occupy or lease the unit since URA assistance for a displaced person can be quite expensive. ]:f you wish to lease a vacant unit to a new tenant, but not be responsible for displacement assistance, be certain to have the attached Move-in Notice executed by the tenant prior to the tenant leasing and occupying your unit. NOTE: If the Agency determines that a person occupies a property, or is allowed to occupy a property, for the purpose of obtaining reloc"ation assistance, the tenant will not be entitled to assistance as a displaced person. If you wish to discuss the Agency's interest in acquiring your property, the contents of the brochure or this letter, or the acquisition process that is required, please contact Barbara Matlack, Senior Realty .Specialist, at (954.) 522-6226, ext. II6 or our toll free number (888) 522- 6226, ext. :[16. Any correspondence or documents you wish to submit to the Agency should be mailed to: The Urban Group, Inc. :[424 South Andrews Avenue, Suite 200 Fort Lauderdale, Florida 33316 Attention: Barbara Matlack This letter, and all future correspondence you receive from the Agency, are important and should be kept in a place of safekeeping. Sincerely, THE URBAN GROUP~ ]:NC. Agent's for Boynton Beach CRA Barbara Matalck Senior Realty Specialist Fnclosure Jun-07-04 il:lB P.IB BO~NTON BEACH ESTABLISHMENT OF 3UST COMPENSAT]'ON PROPER TY Z OCA ~-~D A T 129 NE 9m Avenue Boynton Beach, Florida, 33435 An appraisal prepared and submitted by D._~..r.aj.a Keneip_~. indicates the fair market value for the property identified above to be $_1_~.~,p00. A review of this appraisal has t~een made by Mendel R. Westberry. MAI, the review appraiser, who has approved the fair market value established by the appraisal. Based on a review of the appraisal documents, and the review appraiser's approval of the appraisal documents and the estimate of fair market value established by the appraisal, I, D. Craig Keneipp, on behalf of the Boynton Beach Community Redevelopment Agency, hereby established the just compensation for the property identified above to be $135.000. The Agency believes this amount to be the fair market value for the identified interest, and for the improvements (if any) identified. This just compensation amount does not include any consideration of decrease or increase in value attributable to the project for which it Is being acquired. Relocation payments, if applicable, are not a part ol~ this establishment of just compensation. BOYI~ITON BEACH COMMUNZTY R~O'E~eLOPMeNT A~ENCY Jun-07-04 11:16 P.20 BoYNTON BEACH Voluntary Waiver of Benefits WAIVER OF RELOCATION BENEFITS UNDER THE UNIFORM RELOCATION ACT OWNER/OCCUPANT 1. ]:/we 3uanita._..Kelley , am/are presently a residential owner of property located at .[2..9 NE 9m Avenue. Boynton Beach. Flor. ida 33435. 2. I/we have been formaJly notified that the property may be acquired in connection with a project to be carried out by the __ Boynton Beach .CRA the Agency, that may receive Federal financial assistance at a later date. The acquisition will make necessary for me/us to move permanently from the property. 3. ]/we have also been advised that such action would make me/us eligible for relocation payments and other relocation assistance required by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA) to help me/us relocate successfully. It has been explained to me/us that the law provides for relocation advisory assistance, including referral to comparable, affordable, decent, safe, and sanitary housing; for either payment of actual, reasonable moving and related expenses at my/our election, a moving expense and dislocation allowance, and for a replacement housing payment to assist me/us in buying or renting a replacement home. 4. The nature and amounts of such payment and other assistance and benefits have been specifically described to me/us in such a manner and in sufficient detail that I/we fully understand them, and i/we have received the brochure Residential Relocation Assistance. 5. In consideration of Advance Acquisition, I/we have determined not to claim the benefits available to me/us under the URA, and :[/we hereby release the Agency from all legal obligations and liability regarding them. ~[/we do this freely, on the basis of my/our full understanding of my/our rights under the law. ]:/we am/are under no duress or coercion, and make this decision without reservation or qualification. 6. This waiver shall expire on August 1, 2004, unless the_property has been a(;quired by that date. Witness: _ Sign : ~ Signature: BOYNTON BEACH COMMUNZl'Y REDEVELOPMENT AGENCY ~un-07-04 11:16 Po21 June 6, 2004 Juanita Kelley 129 NE 9~ Avenue Boynton Beach, Florida 33435 RE: Boynton Beach Community Redevelopment Agency Willing Seller Acknowledgement Subject Property FOLIO No(s): 08-43-45-21-10-004-0080 Property Owner(s): Property Address: City: Juanita Kelley 129 NE 9th Avenue Boynton Beach Dear Ms. Kelley: The Urban Group, Inc. (TUG) is the land acquisition consultant for the City of Boynton Beach Community Redevelopment Agency. (CRA). We are working with the City to acquire sites within the CRA boundary. The CRA is interested in acquiring your property located at: 123 NE 9th Avenue, and Vacant Lot, NE 9~h Avenue, Boynton Beach, Florida. You may have already been contacted by a representative of The Urban Group, Inc. We are requesting that you fill out the information on the Willing Seller Acknowledgement form so that we may update our contact information. Upon your affirmation to participate as a Willing Seller, The Urban Group will go to considerabfe expense to initiate a due diligence procedure in order to begin negotiations to acquire your property. This due diligence process will include the preparation of appraisals, boundary surveys, general title work, and environmental studies. Should you have a copy of a survey on the property, please provide us with a copy. All due diligence performed on the subject property will be at the sole expense of the Boynton Beach Community Redevelopment Agency. Therefore, in consideration of the effort and financial commitment, and to avoid costly expenses, we ask that you agree to notify The Urban Group, Inc., if at anytime during the due diligence process, the property comes under contract for sale, title is transferred, exchanged, sold, or, as the property owner, you decide, for any reason, you are not interested in selling your Property, If you agree to participate in this program, I respectfully request that you sign and return to me an original counterpart of the enclosed Willing Seller Acknowledgement. A self-addressed stamped envelope is also enclosed, for your convenience. " ~ FLCR,~ ff0206 The Urban Group, Inc. · 1424 South Andrews Avenue · Suite 200 · Fort Lauderdale, Florida 333161 TELEPHONE 954-522-6226 · FAX 954.5z2-6422 · www.theurbangroup.corn ~un-07-04 11:17 P.22 Boynton Beach CRA Willing Seller Program Acknowledgement Letter Page 2 of 2 By signing the acknowledgement, you are not obligated to sell the subject property. As stated, any sale of the property(s) is strictly voluntary. When the due diligence process is complete, the Boynton Beach CRA intends to put forward an offer to purchase the property(s). This offer to purchase will be conveyed by representatives of The Urban Group. Please address all questions regarding this matter to me at the address and telephone number(s) below. To conveniently answer your questions, I am also including my e-mail address, toll free number, and fax number. At your convenience, I am prepared to meet with you to further discuss this matter. A copy of your property survey would be helpful, if you have it. Ms. Barbara Matlack, Senior Realty Specialist The Urban Group, Inc. 1424 South Andrews Avenue, Suite 200 Fort Lauderdale, Florida 33316 Tel: (954) 522-6226, extension 116 Toll Free: 888-522-6226 Fax (954) 522-6422 e-mail: bmatlack@theurbangroup.com Sincerely, THE URBAN GROUP, INC. Licensed Real Estate Brokers Barbara Matlack Senior Realty Specialist Enclosure: Counterpart letter Self-addressed envelope ~~PThe U~an Group 8$CRA #0307 Jun-07-04 11:17 P.23 Boynton Beach Community Redevelopment Agency Willing Seller Acknowledgement Subject property FOLIO No(s): 08-43-45-21-10-004-0080 Property Owner(s): Property Address: City: duanita Kelley 129 NE 9th Avenue Boynton Beach Please consider my property as part of the Boynton Beach Community Redevelopment Land Acquisition Program. The undersigned acknowledge interest in participating in this Wi~ling Seller program this Signature: ........... Print Name: ... (Please(V) below). ~ I am NOT interested in participating in this Program, If not, why? .... The subject property has been soJd to: The above named is not the property owner, I can make a copy of the survey of the property available, ~The Urban Group 8BCRA #0307 ~un-07-04 11~17 P.~4 Boynton Beach CRA Willing Seller Acknowledgement Page Two We would appreciate if you would complete the following: Alternate address:(please print) (zip) ..... HomeTel: ~) ~,~. ?~'(~0''/ work:(~, ~,,-~.."~ '~/')"7~. Fax:_, Mobile: e-mail: Other: YOUR COOPERATION I$ GREATLY APPRECIATED tTheUrban Group OBCEA #0307 Jun-07-04 11:17 P.25 NO BROKERAGE RELATIONSHIP DISCLOSURE FLOR[DA LAW RE(~UIRES THAT REAL ESTATE LICENSEES PROVIDE THIS NOTICE TO POTENTIAL SELLERS AND BUYERS OF REAL ESTATE. You should not assume that any real estate broker or salesperson represents you unless you agree to engage a real estate licensee in an authorized brokerage relationship, either as a single agent or as a transaction broker. You are advised not to disclose any information you want to be held in confidence until you decide on representation. NO BROKERAGE RELAT]IONSHZP NOTICE FLORIDA LAW RE(~UIRES THAT REAL ESTATE LICENSEES WHO HAVE NO BROKERAGE RELATIONSHIP WITH A POTENTTAL SELLER OR BUYER DISCLOSE THEtR DUTIES TO SELLERS AND BUYERS. As a real estate licensee who has no brokerage relationship with you, THE.~___URBAN GROUP, INC- and ils associates owe to you the following duties: 1. Dealing honestly and fairly; 2. Disclosing all known facts that materially affect the value of' residential real property which are not readily observable to the buyer. 3, Accounting for all funds entrusted to the licensee. ~ate The Urban Group, Inc.- 1424 South Andrews Avenue · Suite 200 - Fort Lauderdale, Florida 33316 TELEPHONE 954..522-6226 · FAX 9fi4-5~.2-1~4~.2 · www.theurbangroup.com MLK Phase I Fees and Costs Fees Acquisition $143,000 Needs Assessment $ 9,900 Relocation Fees $ 221,000 Appraisal $ 36,000 Appraisal Review $ 16,000 Relocation Costs $ 470,000 Cost Est. To Date $ 695,900 Exact TUG $134,746.65 TUG $ 9,632.94 TUG $ 221,321.99 $ 36,500.OO Gallion $ 20,100.00 $ 469,596.00 $ 891,897.58 Note: These fees do not include any purchases of the properties. Jun-08~04 14'* 32 .lune 8, ,.,ouglas HUtChinson D~rector, Boynton Beach Community Redevelopment Agency 639 East Ocear~ Avenue, Suite 107 5oynton Beach, Florida .33425-0310 Subject: Real Estate Administrator Services Revised Task Authorization Heart of Boynton-Relocation Using the Uniform Relocation Act, (UPA) Dear Nr. Hutchinson: The Ob/of Boynton Beach Community Redevelopment Agency (CRA) has appmvacqufsitfon and relocation under the policies and procedures of the Federal Uniformed Reloon Assistance and Real Property Acquisition Policies Act of 1970 (URA). By establis.) the U/~, as the standard for acquisition and relocation procedures, the direction of our acqcOn and relocation work is designed to meet UPA requirements. The Cl~ Board approved The Urban Group (TUG) to prepare a Needs Assessrr~urvey (NAS). The Work Effort Estimate originally submitted to the CRA was prepared having the benefit, and ~e opportunib/to survey res/dents and study the hournarket in Boynton Beach communiD/. As a result of the dar~ gathered during ~he time ~rveyed businesses and residents, and the information from studying comparable hoL we have gained a better understanding about reiocal~on needs. Based on the information gathered in the NAS, we have revised our relocatm, ir~istrat:ive estimate of cost. Consequently we have revised our relocation administrati: eSt/mate Work Effort for this Task Authorization. e~, Compen?a~ion for the per parcel unit rate, is paid upon completion of a ~ :~ or YOur review, I am attaching the mvlsed Relocation Work Effort Cost and Mile~2-r~-es'z6.~ I~= You wish to further discuss the Task Authorization, please contact: me at (9? 6, extension 112, Yours truly, THE URBAN GROUP, INC~ Howard W, Stelnholz ~ Principal/Broker Attachments ' FOrt Lauderdale, . . The Urban Group, Inc. · 1424 Soulh A~drews AVe,2-6472 · u~ ..... F/or/da 33316 TELEPHONE 954-522-6' ""'~*meurbangroup. com MEMORANDUM UTILITIES DEPARTMENT NO. 04-72 TO: FROM: DATE: SUBJECT: Michael Rumpf, Director of Planning & Zoning Peter Mazzella, Deputy Director of Utilities /~ June 4, 2004 The Arches - additional comments regarding site plan extension The Development Order for the Arches project issued on June 3, 2003, included in condition no. 6 the requirement to reserve water and sewer capacity within 30 days of site plan approval by the City Commission. The developer has not complied with this condition, and as such does not have a firm reservation of capacity at this time. This failure to comply with the conditions of the Development Order may cause the Order to be invalid, thereby requiring the applicant/developer to re-apply for a new site plan approval. Or, in order to maintain the current Order, the developer may reserve the needed capacity retroactively, by paying the reservation fee for the past year, in addition to the upcoming year. In that the reservation is past due, all payments must be made prior to City Commission approval of the extension. Water treatment capacity is severely limited at this time. Without a firm reservation, this Department cannot commit to serving this project with potable water. Peter Mazzella Nancy Byrne, Development Dept. Ed Breese, Planning & Zoning Laurinda Logan, Engineering'Division File MEMO TO: CRA Board FROM: Doug Hutchinson SUBJECT: Consideration of approval for the Executive Director to negotiate a purchase contract(s) for real property for a proposed CRA office and to secure said contract(s) with up to $10,000 earnest money contingent on Board approval of the contract, DATE: June 3, 2004 The CRA has the opportunity to purchase property for a CRA office. The Director seeks authorization to secure purchase contract(s) and bring the property (s) to the board for consideration. Additionally, the Director requests authorization to; with the concurrence of the chair and contingency upon Board approval, offer earnest money in an amount up to $10,000.00. 86/84/2884 15; 25 6898 CITY;CLERK PAGE 0i/02 I FORM 8B MEMORANDUM OF VOTING CONFLICT FOR ~_ COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICER~ ~_ L .... I. . WI, lo MUST ~ FORM This form is t~r use by. a~ person Your respon$1billde~ under ;he law whe~ laced with a mlasulg in which you have a conflict of int~! will vary sreatiy depending ' on whether you ho(d an elective or appointive position. For this reasoa, please ~ close at~emion to the insKu~xions on thil form before completing the reverse side and filinl the lc, rm. IN,~'TI~t~L"TIONII FOR OOMPUANO! WITH ~tOl1ON t~'13443, FLOBIGA JTATUTI$ ELiECTEO OFFICERS: A person holdin~ ¢l~;tive county, municipal, or oth~ l~l public omce ~!U51' ABSTAIN from voting on a measure io his ~pecial pri,'atc la~n. Each local officer also is prohibited from knowinlly votlnl on a measure ,,.hich inures sain of a principal (other than a $overnment aSen~') by whom he is retained, cO c'~ in either case. ~'ou should dis~lo~ the conflict: PRIOR TO THE VOTE BEING TAKJ~N by publicly statinll to the a~bly the natu~ of )'our interest in the measure on which )Gu are abstai,ins front votinl~ end WITHIN 15 DAYS AFTER THE VOTE OCCURS by COmll~tinl and filinl ~his f~,m wilh the per~n ~e~ponsible f6r recording thc min~s of the rrJ~Yfinl, who $1soukl ineOq)ofale th* form in the minutes. APPOINTIED OFFICIallY. A person hotdinS appointive county, municipal, or other local public office MI.J~-I' Ali, STAIN from vmin$ on a measure which inurex to his special private ~ Each local orr, ret also is prol~ibited from knowinliy volinl on a measure which inures lO the special g,~in of a princil~ll (other than ~ ~ernmem ;tgency) by whom he is retained. A person holding an appointive.~oeal office c~herwi~e may participate in a matter in which he has a ~,nrlict of interest, but must disclose thc n~ture of ~he conflicl befMe'makinll any at,erupt to influenc~ Ihe dm;ision tiy omi or wrilten communication~ whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMpT'TO INFU.IENCE THE DECISION PRIOR TO THE MEETING AT THE VOTE WILL BE TAKEN: ** You should complete.and file this form Ibefor0 makinl any altemlx to influence-the do.'isiont with tire pgrson responsible for recordin$ the minutes et the meminl, .who will iacMp0rate the form in the minutes. . A copy or the Form should be pr~,'ided immedimC'tT to the rebel' memtiers of the aBe~y. · The fo~m shouid be read l~ublicly at the meeting gleiof tO consider, lllimt of the mallet, in ~dlich you have a conflict of inter~t. 86/84/2884 15:25 6090 CITY:CLERK PAC-~ 82/82 IF YOU MAKE NO ATTEMPT TO INFLUF. NC~ THE ~CI~ ~ BY DI~I~ AT THE M'B~ING: · You should ~pl~eT~ ~ fi~ it w;thin 15 ~ ah~ t~ v~e ~u~ with t~ ~ ~~ f~ r~rdin8 t~ minum o[ the m~ing, who shouM i~e t~ form in measure ,,:am ~ will come before my agency which (check one) __ inured to my sp~'ial private iai,n; or .._._ inured to the special p~in or ........... The men~ure before my a~enc¥ and Ihe na[ure of' my interest in the tneaemre is a~ £el~,: , . by whom I am retained. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES itlMI? (I~SS). A FAILURE TO MAKE ANY REQUIRED DISCLOSURE cONSTITUTES GROUIqi~i~,FOR ANO MAy, 81[, p. UIql~HED l~/'-.~.,~.I'~G OR MORE OF THE FOLLOWING: IMPEACHMENT. REMOVAL OR SUSPL~ISION FROM OFFTC~ OR EMPLOY~NT, DEMOTION, .REDUCTION IN SALARY. R~PRI.%IAI~D. O1~ A CI¥1L iar~ALTY NOT TO EXCEED ~,~,ggO. ~ L r-o.M..,;, - -' ...... ' ...... - .... "~. · ' p,r~ 0~'/04/2004 15:25 609~ CITY;CLERK PAGE 01/02 FORM 8B MEMORANDUM OF VOTING CONFLICT FoR' - COUNTY, MUNICIPAL, AND OTHER. LOCAL PUBUO OFFICERS ._ ._ ! WHO MU~ FIl~ FORM This form is tbr use by. an~ person se~,*in$ al the ,,'ount~', ~ity, or m~ l~311~1 or 8~t ~ an ap~inf~ of ~ed boa~. couKil, commission, aulhofity, M m~mJtt~ It appi~ ~u~ly to ~ of advi~ and ~n~dvi~ Your responsibilhies under ]he law whefl laced with a mct~ure in which you have a conflict of inteR-st ~vill var/Sreaktly depending ' on whether you hold an elective or alq:)oindve position. For this reason, pleasa D~/close atter~ion to the instructions on this form before completing the reverse side nad filial the form, IN~lJU~TIONS FOil OOMPUANCI Wlllt ELECTED OFFICERS: ~ c::~,0 A person holdin=e elective county, municipal, or other local public office ,~]UST AI~'TAIN from ¥oting on a measure w~lchs rD his special pri,'ate gain. Each local ofl'~Yt also is prohibited I'rom kno~inli¥ votinl on a measure which inures taL'~he pin of a principal (o[hgT than a $ovemmeflt qen~) by wl~m he is fetalnecJ. CO In either case. you should dise~M the conflict: PRIOR TO TIlE VOTE BEI~IG TAKEN by publicly -atinl to the a~,tllbly the nature of )~our interest in the measure on ~'hich )-Gu are abstaining front volin~ end WITHIN I} DAYS AFTER THE VOTE OCCURS by co.qMetinl and filL,~ this t'otm wilh the person responsible t'6r recording the minutes of the mee~in& who sltoutd ineoepomte the form in ~he minutes. APPOINTED OFFICER~e. A person holding appointive county, munkii~L or mher local public oCfk'e MUST ABSTAIN from YminI on a mca~ure ~*hich inures tO his SlaeCial private ~ F. aeh local officer abe_ is prohibited from knowingly voqinl off a measure which iflutes to the ~pecial pin of a principal (other than a Iovemmefll ~lent"y) by whom he is retained. A I~:rson holdin~ an appoimive.looi office o~her~'ise may partklpate in a mailer in which he has a eonllkl of interest, but must disclose th+: n~ture of thc confilq befor(makin8 nn). a.emix to intluenc~ the de~ision I~y oral of wrilten communication; whether made by the officer or at his dim:don. IF YOU INTEND TO MAKE ANY ArrEM'PT'TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WH1CH THE VOTE WILL BE TAKEN: ,- You should mmple~e.and file this form (before makinl any ~memlx to influence-the dectsionl with ttie per,on responsible for recordin8 the minules of the meedq~ .who will inc~ Ihe forl~ in Ihe minutes. · A copy or the form should be provided immediatdT Io the mhef members of the age~-y. · The form shouid be read publicly at the meelinlt peim' to considee~ion of the m~er i~ which you have a conflic~ of 05/04/2004 ~5:25 6090 CITY:CLERK PAGE 02/02 IF YOU MAKE NO ATTEMPT TO INFLUENC~ THI D[¢ISION EXCGPT BY DISCU~ION AT THE MEETING: You should disclose orally- thc nalure 04' your conflict in the me.off tmfore pank:ipttihI. You should ~.*omple~e*~heTorm and file it w;thin L5 d~yt alt~ the vote et'cure with the pt. mm responsible for recordin8 the minu~es of the meelinI. who should incorlaOrmo the form in the minutes. ~ inurKi lo my spcvial privale Iai.n; or ._,_ inured to the special lain of The measure befOre my aIency and Ihe nature ot my interest in the I~ .- . by whom I am retained. DireFiled ! DI~L~URE cO~TI~T~ OR~N~ FOR AND MAY BI PUNCHED BY ~ OR MOR~ OF THE FOLLOWING: I IMPE~HMENT, RE,reVAL ~ 5us~NSION ~ ~ OR EMP[OY~, DEM~I~..REDU~ON IN ISA~RY. REPRIMAND, OR A CIVIL PENAL~ NOT ~ ~CE~ M.~ ~:' . COMMUNI'TY REDEVELOPMENT AGENCY - ROLL CALL VOTES Alexander DeMarco Charles Fisher Don Fenton ~lll~Chair Heavilin Jim Barretta ~n Tillman Charles Fisher Don Fenton ~Finkelstein Jim Barretta Alexander DeMarco .lim Barretta Alexander DeMarco Charles Fisher ~ Tillman ~ Finkelstein · l~l~Chair Heavilin Don Fenton YES NO YES NO YES NO YES NO YES NO YES NO YES NO YES NO YES NO Charles Fisher Jim Barretta Alexander DeMarco ~Chair Heavilin Don Fenton YES NO YES NO YES NO s:\cc\wp~ninutes\cra~roll call sheets.doc Jun-08-04 14:32 P.02 June 8, 2004 Mr. Douglas Hutchinson Director, Boynton Beach Community Redevelopment Agency 639 East Ocean Avenue, Suite 107 Boynton Beach, Florida 33425-0310 Real Estate Administrator Services Revised Task Authorization Heart of Boynton-Relocation Using the Uniform Relocat/on Act, (URA) Dear Nr. Hutchinson: The City of Boynton Beach Community Redevelopment Agency (CRA) has approved acquisition and relocation under the policies and procedures of the Federal Uniformed Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA). By establishing the UPA as the standard for acquisition and relocation procedures, the dlrectlon of our acquisition and relocation work Is designed to meet UPA requirements. The CPA Board approved The Urban Group (TUG) to prepare a Needs Assessment Survey (NAS). The Work Effort Estimate originally submitted to the CPA was prepared prior to staff having the benefit, and the opportunity to survey residents and study the housing market in the Boynton Beach community. As a result of the dam gathered during the time we surveyed businesses and residents, and the information from studying comparable housing, we have gained a better understanding about relocation needs. Based on the information gathered in the NAS, we have revised our relocation administrative estimate of cost. Consequently we have revised our relocation administrative cost Estimate of Work Effort for this Task Authorization. Compensation for the per parcel unit rate, is paid upon completion of a milestone. For your review, ! am afl:aching the revised Relocation Work Effort Cost and Milepost Unit Fees. [f you wish to further discuss the Task Authorization, please contact me at (954) 522-6226, extension 112, Yours truly, THE URBAN GROUPr ZNC. Howard W. Stelnholz ~.~ Principal/Broker Attachments The Urban Group, Inc. · 1424 South Androws Avenue - Suite 200 * Fort Lauderdele, Florida 33316 TELEPHONE 954-522-6226 · FAX 9-~4-522-(~4:~2 · www.Uleurbangroup.com Jun-08-04 14:32 P.03 Jun-08-04 14:33 Boynton Beach CRA Relocation Advisory Services Hourly Basis for Unit Rates P. 04 6/8/04 Type of Displacament Residential Hourly Rate Number of Hours Total Administrator $134.34 X 8 Senior Agent $90.09 10 Agent $82.19 50 Secretarial/CleriCal $42.67 12 Fee for Residential Displacement 80 Business/Non-profit Hourly Rate $134.34 $90.09 $82,19 $42.67 Administrator Senior Agent Agent Secretarial/Clerical Rate for Business Displacement Hourly Rate $134.34 $90.09 $82,19 $42.67 Personal Properb/ Administrator Senior Agent Agent Secretarial/CleriCal Fee for Sign/Personal Property Displacement Hourly Rate Landlord Business Administrator $134.34 Senior Agent $90,09 Agent $82.19 Secretarial/Clerical $42,67 Fee for Landlord Business Displacement X X $1,074.72 $900,90 $4,109.50 $512.04 $6,597.16 11 residences $72,568,76 Number of Hours Total 8 12 60 12 92 $1,074.72 $1,081.08 $4,931.40 $512.04 $7,599.24 11 businesses $83,591,64 Number of Hours Total 4 6 20 12 42 $537.36 $54O.54 $1,643.80 $512.04 $3,233.74 1 pers. prop. $3,233.74 Number of Hours Total 4 10 35 12 61 $537.36 $900,90 $2,876.65 $512.04 $4,826.95 10 landlords $48,269,5O Relocation Services, $207,.,663.64